KJ's Pool Tile and Natural Stone LLC imported one diesel powered excavator (with nonroad compression-ignition engine) in violation of Sections 203(a)(1) and 213(d) of the Clean Air Act (CAA), 42 U.S.C. subsection 7522(a)(1) and 7547(d), and the regulations codified at 40 C.F.R. subsection 1068.101(a)(1), and 1068.101(b)(5), which collectively prohibit the importation of engines or equipment containing these engines, unless they are covered by a valid EPA certificate of conformity (COC) or are properly exempted or excluded. KJ's Pool Tile & Natural Stone LLC has not been issued a valid COC for the diesel powered excavator. KJ's Pool Tile & Natural Stone LLC asserted they were subject to the personal-use exemption for small spark-ignition engines; however, the engine imported in this shipment was a large compression-ignition engine. EPA has found no evidence the dieselpowered excavator is exempt or excluded from coverage and the equipment manufacturer has confirmed the emission control labels provided by the manufacturer are not compliant with the company?s labeling standards. Therefore, the diesel powered excavator cannot legally be imported into the United States.