EPA v. PowerTrain

Case summary

Mississippi-based PowerTrain, Inc. will pay a civil penalty of $2 million to resolve claims that the company imported and sold nearly 80,000 nonroad engines and equipment from China that did not meet standards under the Clean Air Act. Between 2002 and 2008, PowerTrain imported 79,830 nonroad engines or pieces of equipment into the U.S. that were not covered by a Clean Air Act-required certificate of conformity. The engines and equipment were sold to businesses and individuals through Wood Sales Company Inc. and Tool Mart, Inc. The engines and equipment were not covered by certificates of conformity because they were different models, had different power ratings, or were made by a different manufacturer than the listed on the certificate. The engines also lacked two-year emissions-related warranties, as required by law. Under the settlement, PowerTrain will implement a plan to ensure that the engines and equipment they import in the future comply with Clean Air Act requirements. They will also offset the excess emissions of hydrocarbons, nitrogen oxides, and carbon monoxide resulting from the sale of the illegal engines and equipment. As one of the offset projects, PowerTrain will spend an estimated $600,000 to provide subsidizes for consumers to replace old wood-burning appliances with efficient, EPA-certified wood stoves. EPA estimates that the PowerTrain engines that were sold to the public caused excess emissions of hydrocarbons and nitrogen oxides, which contribute to the formation of ground-level ozone (smog). Ground level ozone can trigger a variety of health problems, including chest pain, coughing, throat irritation and congestion. It can also worsen bronchitis, emphysema and asthma. More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/powertrain.html

Defendants (3)

• Powertrain, Inc.Named in complaintNamed in settlement
• Wood Sales Company, Inc.Named in complaintNamed in settlement
• Tool Mart, Inc.Named in complaintNamed in settlement

Facilities (1)

• POWERTRAIN, INC

  154 MAIN STREET, PO BOX 543, GOLDEN, MS, 38847 - 9705

  Registry ID: 110037080949

Statutes cited

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

Enforcement conclusions (1)

• PowerTrainentered 2011-05-09

  Primary law: CAA

  Federal penalty: $2,000,000

Timeline (6 milestones)

• 2007-09-28Referred To Dept Of Justice
• 2007-10-02Enforcement Action Data Entered
• 2009-05-28Complaint Filed With Court
• 2011-02-28Final Order Lodged
• 2011-05-09Final Order Entered
• 2016-08-19Enforcement Action Closed