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Is There a Chinese Import Nightmare Looming from Nonroad Equipment?

BY R. Paul Roecker
November 30, 2009

Small, spark-ignited nonroad engines from China are the latest imports that run afoul of U.S. standards, as many do not meet the requirements of the Clean Air Act (“the Act”). Examples of such products include landscaping and lawn-mowing equipment; gas or diesel-powered tools such as chainsaws, power-washers and snow blowers; warehousing equipment, such as forklifts and conveyor systems; generators; and other construction equipment, such as pumps, earthmovers, and tractors. Diesel-powered golf carts and other recreation vehicles may also contain imported engines. Thus, the scope of the problem with imported engines may vastly exceed the issues previously raised by other imported Chinese goods.

The Problem

Why these engines, and why now? The Environmental Protection Agency (“EPA”) has been criticized for the lack of enforcement of the small, nonroad air emissions requirements of the Act, and has promised more vigilant enforcement going forward. The emissions from these engines include particulate matter, volatile organic compounds, air toxics, and nitrates of oxygen. In fact, on-road and nonroad engines contribute to nearly half of the air pollution in the United States. The EPA established emission standards to reduce the impact from these emissions, and recent testing suggests that an imported engine properly certified under the Act emits two to three times fewer emissions than a noncertified engine.

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