EPA v. ABC Tools

Case summary

This case addresses violations of the Clean Air Act (CAA) by ABC Tools, a Miami, Florida, automobile recovery service. On August 14th, 2010, ABC Tools imported from China 72 improperly labeled diesel generators. The Nonroad Compression Ignition Engine regulations under 40 Code of Federal Regulations sections 1039 and 1068.101 prohibit any person from importing into the United States engines that are not covered by an EPA-issued certificate of conformity (COC) and bear the required label or tag. Furthermore, the CI regulations at 40 C.F.R. section 1039.135 require that the emission control information label be permanently affixed, and that it contain specific information. The CI regulations at 40 C.F.R. $ 1039.120 require a 1,500 hour or two year warranty period for the emission related components of engines rated at less than 19 kW, and a description of this warranty in the owners manual for the engines. As part of its agreement with EPA, ABC tools paid a penalty to the US Treasury of $3,000.

Defendants (1)

• ABC Tools (SB)Named in complaintNamed in settlement

Facilities (1)

• ABC TOOLS

  111 NORTHWEST 79TH STREET, MIAMI, FL, 33150

  Registry ID: 110043465425

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• ABC Toolsentered 2011-02-07

  Primary law: CAA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2011-02-07Enforcement Action Closed
• 2011-02-07Complaint Filed/Proposed Order
• 2011-02-07Final Order Issued
• 2011-03-14Enforcement Action Data Entered