EPA v. BAVENI LLC

Case summary

EPA Recommendation for Denial: 11/05/2025 The EPA Recommendation for Entry # DSV-70709750: Diesel Generator (Product) Imported by Baveni LLC, Docket No. CAA-04-2026-0501 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 that U.S. Customs and Border Protection (CBP) deny entry of the Subject Product imported by Baveni LLC (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 #DSV-70709750. 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]. Between model years 2008 and 2012, nonroad diesel engines came under regulation by 40 C.F.R. Part 1039, as defined in 40 C.F.R. 1039.1. Nonroad diesel engines subject to Part 1039 are also subject to the General Compliance Provisions for Highway, Stationary, and Nonroad Programs, 40 C.F.R. Part 1068. See 40 C.F.R. 1068.1(a)(6). 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 #DSV-70709750. 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)

• BAVENI LLCNamed in settlement

Facilities (1)

• BAVENI LLC (IMPORTER)

  1500 PORT BOULEVARD, MIAMI, FL, 33132

  Registry ID: 110072293772

Statutes cited

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

Enforcement conclusions (1)

• BAVENI LLCentered 2025-11-05

  Primary law: CAA

Timeline (3 milestones)

• 2025-11-05Final Order Issued
• 2025-11-05Enforcement Action Closed
• 2026-09-30Enforcement Action Data Entered