EPA v. LVY STREAM CORP

Case summary

EPA Recommendation for Denial: 11/07/2025 EPA Recommendation for Entry #NYY-10246817: Four (4) Leaf Blowers (Product) Imported by LVY Stream Corp, Docket No. CAA-04-2026-0500 The U.S. Environmental Protection Agency has reviewed the above-referenced entry for compliance with the Clean Air Act (the Act), and by this letter recommends the U.S. Customs and Border Protection (CBP) deny entry of the Subject Product imported by LVY Stream Corp (Importer). This letter summarizes the applicable law and the basis of the EPA's determination that the Subject Product was imported in violation of the Act because it is not certified, and no facts have been provided to demonstrate eligibility for any exemption or exclusion. Therefore, the EPA recommends that CBP seize, export, or otherwise deny entry of the shipment above referenced as Entry #NYY-10246817. Section 203(a)(1) of the Act, 42 U.S.C. 7522(a)(1), prohibits a manufacturer from selling, offering for sale, introducing, or delivering for introduction into commerce, or any person from importing, any new motor vehicle or new motor vehicle engine manufactured after the effective date of the applicable regulations, unless such vehicle or engine is covered by an EPA-issued certificate of conformity (COC) or is properly exempt or excluded from the certification requirement. Section 213(d) of the Act, 42 U.S.C. 7547(d), states that nonroad vehicle and engine standards shall be enforced in the same manner as standards prescribed under [Section 202 of the Act] for motor vehicles and motor vehicle engines, and that [t]he Administrator shall revise or promulgate regulations as may be necessary to determine compliance with, and enforce, standards in effect under [Section 213]. Since model year 2012, all new, nonroad spark-ignition engines with maximum engine power at or below 19 kW have been regulated under the provisions at 40 C.F.R. Part 1054, as defined in 40 C.F.R. 1054.1(a). Small nonroad spark ignition engines are also subject to the General Compliance Provisions for Engine Programs under 40 C.F.R. Part 1068. See 40 C.F.R. 1068.1(a)(13). The regulation at 40 C.F.R. 1068.101(a)(1) prohibits the importation into the United States of vehicles, engines, and equipment after applicable emission standards take effect, unless they are covered by a valid EPA-issued COC for their model year and have the required label or tag or are properly exempt or excluded from the certification requirement under Subparts C and D of 40 C.F.R. Part 1068. Vehicles and engines are not covered by a COC unless they conform in all material respects to the specifications described in the COC and the associated COC application and otherwise satisfy statutory and regulatory criteria. 40 C.F.R. 1068.101(a)(1)(i) and 1068.103(c)(1). Those specifications include the emissions control label. 40 C.F.R. 1068.103(a). Based on the facts discussed below in Table 1 (Enclosure), the EPA has determined that the Subject Product is not covered by a valid COC, and no facts have been provided to demonstrate eligibility for any exemption or exclusion. Thus, by importing the Subject Product, the importer has committed a violation of the Act's statutory and regulatory provisions cited above. The EPA recommends that CBP seize, export, or otherwise deny entry of the Subject Product identified under Entry #NYY-10246817. If CBP allows exportation before or after remission in lieu of forfeiture, the EPA has no objection if the Subject Product is exported to a country other than Canada or Mexico.

Defendants (1)

• LVY STREAM CORPNamed in settlement

Facilities (1)

• LVY STREAM CORP

  1421 S POTOMAC ST, AURORA, CO, 80012

  Registry ID: 110072155212

Statutes cited

• CAA 213 — Non-road Engines & Vehicles
• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• LVY STREAM CORPentered 2025-11-07

  Primary law: CAA

Timeline (3 milestones)

• 2025-11-07Final Order Issued
• 2025-11-07Enforcement Action Closed
• 2026-09-30Enforcement Action Data Entered