EPA v. General Power Limited

Case summary

This case addresses violations of the Clean Air Act (CAA) by General Power Limited, Inc., a retailer and importer/exporter of diesel generators based in Miami, Florida. General Power imported 21 Chinese diesel powered generators on February 2, 2009. These generators were not covered by an EPA issued Certificate of Conformity and did have EPA Emission Control Information Labels permanently affixed. They also did not have solely for export labels attached. The CAA requires, among other things, that nonroad equipment be covered by an EPA issued Certificate of Conformity and bear a permanently affixed EPA Emission Control Information Label (see 40 C.F.R. section 89.110 and 40 C.F.R. section 1068.320) or be properly exempted or excluded from the certification requirements, in particular in this instance using the solely for export exemption (see 40 C.F.R. section 89.909(a), 40 C.F.R. section 1068.230, and 40 C.F.R. section 1068.325(d)). On March 25, 2009, EPA requested that U.S. Customs and Border Patrol (CBP) seize the generators and that CBP bring an enforcement action against General Power Limited, Inc. This case is part of an on-going EPA/CBP partnership to ensure that all imported vehicles and engines comply with the Clean Air Act requirements (see EPA Works with U.S. Customs and Border Protection to Enforce the Clean Air Act, 11/9/2010 EPA press release, http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/25fa777f4dd4a301852577d60072b560!OpenDocument) As part of the settlement with CBP, General Power Limited has agreed to pay a $16,000 civil penalty and to export or destroy the non-conforming generators to resolve these violations.

Defendants (1)

• General Power Limited, Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• GENERAL POWER LIMITED, INC.

  8235 NW 64TH STREET #2, MIAMI, FL, 33166

  Registry ID: 110028238262

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• General Power Limitedentered 2010-10-15

  Primary law: CAA

Timeline (4 milestones)

• 2010-10-15Final Order Issued
• 2010-10-15Complaint Filed/Proposed Order
• 2010-10-15Enforcement Action Closed
• 2010-11-12Enforcement Action Data Entered