EPA v. ELLERSLIE LLC

Case summary

EPA Recommendation for Denial: 07/31/2026 EPA Recommendation for Denial of Entry #06H-00001320: Used Excavators (Products) Imported by Ellerslie LLC, Docket No. CAA-04-2026-0506 The U.S. Environmental Protection Agency recommends that the 3 used excavators (Subject Products) Imported by Ellerslie LLC in Entry #06H-00001320 be seized, exported, or otherwise denied entry based on its Clean Air Act (Act) compliance review. This letter summarizes the applicable law and details EPA's determination and recommendation. The Act 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. 42 U.S.C. 7522(a)(1). The Act also prohibits anyone from causing these actions. Id. at 7522(a). The Act further provides that nonroad vehicle and engine standards shall be enforced in the same manner as the standards prescribed under section 202 [of the Act] for motor vehicles and motor vehicle engines, and the Administrator shall revise or promulgate regulations as may be necessary to determine compliance with, and enforce, standards in effect under [Section 213]. Id. 7547(d). Between model years 2008 and 2012, nonroad diesel engines, as defined in 40 C.F.R. 1039.1, came under regulation by 40 C.F.R. Part 1039. 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). Vehicles, engines, and equipment may not be imported into the United States after applicable emission standards take effect, unless they are covered by an EPA-issued COC and have the required label or tag or are properly exempt or excluded from the certification requirement. Id. 1068.101(a)(1). 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. Id. 1068.101(a)(1)(i), 1068.103(c)(1). The EPA has determined that the Subject Products are not certified and that no facts have been provided to demonstrate eligibility for any exemption or exclusion. Thus, by importing the Subject Products, the importer has violated the Act's statutory and regulatory provisions cited above. The EPA recommends that CBP seize, export, or otherwise deny entry. If CBP allows exportation before or after remission in lieu of forfeiture, the EPA has no objection as long as the Subject Products are exported to a country other than Canada or Mexico.

Defendants (1)

• ELLERSLIE LLCNamed in settlement

Facilities (1)

• ELLERSLIE

  1555 SOUTH BAKER AVENUE, ONTARIO, CA, 91761

  Registry ID: 110072253368

Statutes cited

• CAA 213 — Non-road Engines & Vehicles
• CAA 202 — Emission Standards for New Motor Vehicles and New Motor Vehicle Engines

Enforcement conclusions (1)

• ELLERSLIE LLCentered 2026-07-31

  Primary law: CAA

Timeline (3 milestones)

• 2026-07-31Enforcement Action Closed
• 2026-07-31Final Order Issued
• 2026-09-28Enforcement Action Data Entered