EPA v. Dorian Drake International

Case summary

This case addresses violations of the Clean Air Act (CAA) by Dorian Drake International, Inc., an importer/exporter of industrial equipment based in White Plains, NY. Dorian Drake imported 1210 gasoline powered engines for brush cutters and auger drills on November 11, 2009. These engines were not covered by an EPA issued Certificate of Conformity and did have EPA Emission Control Information Labels permanently affixed. Although Dorian Drake submitted the EPA form indicating that the engines would eventually be re-exported, neither the engines nor their containers had 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 2, 2010, EPA requested that U.S. Customs and Border Patrol (CBP) seize the engines. 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 EPA, Dorian Drake has agreed to pay a $45,000 civil penalty.

Defendants (1)

• Dorian Drake International, Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• DORIAN DRAKE INTERNATIONAL

  2 GANNETT DRIVE, WHITE PLAINS, NY, 10604

  Registry ID: 110011797289

Statutes cited

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

Enforcement conclusions (1)

• Dorian Drake Internationalentered 2010-12-03

  Primary law: CAA

  Federal penalty: $45,000

Timeline (3 milestones)

• 2010-12-03Final Order Issued
• 2010-12-03Complaint Filed/Proposed Order
• 2010-12-29Enforcement Action Data Entered