EPA v. Genmax Power Industrial

Case summary

This case addresses violations of the Clean Air Act (CAA) Genmax Power Industrial, Inc. ( Genmax ), a corporation based in Miami, Florida that specializes in the distribution of a variety of engines, including generators, water pumps, power washers, and other similar equipment. On April 13, 2010 Genmax imported 1,500 generators into Port Everglades in Fort Lauderdale, Florida. Genmax claimed that the generators were an EPA certified configuration. On April 27, 2010 Customs and Border Protection detained the shipment of generators, based on suspicion of violations and in order to inspect the items for other compliance issues. Upon inspection, it was determined that the generators did not meet the requirements of the certificate of conformity because the advertised power listed on the box was almost twice as much as the value submitted for the engine family in the appication for certificaion, because they did not include the required 2 year warranty for emission controls and because they included an adjustible air-fuel mixture screw which was not part of the certificate of conformity. On July 17, 2010, Genmax imported 144 generators which also did not meet the EPA certificates of conformity, primarily because they were equipped with catalytic converters which were 40% smaller than those listed in the application for a certificate of conformity. As a result of this enforcement matter, Genmax has agreed to pay a $3,500 civil penalty to the United States Treasury and all of the non-compliant engines were exported.

Defendants (1)

• Genmax Power Industrial, Inc. SB)Named in complaintNamed in settlement

Facilities (1)

• GENMAX POWER INDUSTRIAL

  6619 NORTHWEST 84TH AVENUE, MIAMI, FL, 33166

  Registry ID: 110055644496

Statutes cited

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

Enforcement conclusions (1)

• Genmax Power Industrialentered 2013-08-16

  Primary law: CAA

  Federal penalty: $3,500

Timeline (3 milestones)

• 2013-08-16Complaint Filed/Proposed Order
• 2013-08-16Final Order Issued
• 2013-08-22Enforcement Action Data Entered