EPA v. Irbit Motorworks of America

Case summary

This case addresses violations of the Clean Air Act (CAA) by Irbit Motorworks, Inc., (Irbit) an importer and wholesaler of motorcycles and motorcycle parts based in Redmond, Washington. On October 24th, Irbit imported 17 highway motorcycles into the Port of Newark, NJ. None of the motorcycles had carburetors, because the carburetors are manufactured in Japan, and their production was delayed by the 2011 Tohoku earthquake. Irbit opted to import the incomplete motorcycles from Russia and the carburetors separately from Japan, for final assembly in the U.S. However, Irbit stated in its application for certification that the subject motorcycles would be imported in a fully assembled state. The certificate of confonnity (COC) does not cover motorcycles that are materially different from the certified design. Since the certified design contains a carburetor and the imported motorcycles do not, the Certificate of Conformity does not cover the seventeen imported motorcycles. Irbit imported the seventeen motorcycles in violation of Section 203(a)(l) of the CAA, and regulations at 40 C.F.R. § 86.407-78. As part of the settlement with EPA, Irbit paid a $10,000 civil penalty to the U.S. Treasury and installed carburetors matching the certified design on all 17 motorcycles.

Defendants (1)

• Irbit Motorworks of America, Inc. (SB)Named in complaintNamed in settlement

Facilities (1)

• IRBIT MOTORWORKS OF AMERICA (IMPORTER)

  H&M, 700 BELLEVILLE TPK, KEARNY, NJ, 07032

  Registry ID: 110044875427

Statutes cited

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

Enforcement conclusions (1)

• Irbit Motorworks of Americaentered 2011-12-22

  Primary law: CAA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2011-12-22Complaint Filed/Proposed Order
• 2011-12-22Final Order Issued
• 2011-12-22Enforcement Action Closed
• 2012-10-23Enforcement Action Data Entered