Imports of nonroad small engines that do not meet U.S. emissions standards are increasing, according to EPA, which has toughened enforcement to stem the influx.

As EPA describes the problem, U.S. companies, some of which are inexperienced in U.S. environmental regulations, are taking advantage of the easy availability of small tractors, lawnmowers, off-road motorcycles, generators, and other regulated equipment from foreign countries, mainly China, and over the Internet.

EPA says it is working with the U.S. Customs and Border Protection (CBP) to block these illegal items at the border. If equipment at the border is found to be in noncompliance with EPA emissions certification requirements, CBP detains or seizes the equipment. In addition, EPA has stepped up inspections of dealerships and online companies that import and/or sell nonroad equipment.

Under the enforcement campaign, EPA reports that in a recent 10-month period, it assessed $819,155 in penalties, including at least one criminal prosecution, for the importation of 55,832 pieces of illegal nonroad equipment valued at nearly $13 million.

EPA has three requirements for nonroad engines:

• Engines must be certified by EPA to be in compliance with federal emissions standards.
• An EPA emissions label must be permanently affixed to each engine and be readily visible.
• EPA Declaration Form 3520-21 must be properly completed for imported engines.

Both the original engine manufacturer and the importer are responsible for ensuring that engines imported to the United States comply with all certification standards and requirements. EPA recommends that importers inspect the engines they intend to import to verify that they are EPA-certified and labeled. Importers are also responsible for ensuring that the engine manufacturer will honor the emissions warranty. Depending on engine type and size, the warranty period may vary from 2 to 5 years. The importer also bears responsibility for any requirements not met by the original engine manufacturer.

Importers should bear in mind that even if equipment has identical emissions characteristics, it is not a certified engine unless it has been produced under an EPA-issued certificate and has a proper label and the required EPA emissions warranty.

Engines that do not meet these requirements are not subject to EPA audits during manufacture; neither are they subject to recall for defects.

Engines that are imported into the United States for export must also have EPA Declaration Form 3520-21, and an appropriate bond must be paid.

EPA has published an enforcement alert on federal environmental requirements for imported nonroad small engines. The alert is available at http://www.blr.com/keyword. Type in em674engines when prompted.

[Source: Environmental Manager's Compliance Advisor. Subscribe today!]