EPA Reaches Settlements Over Clean Air Act Violations at Ports in California and Hawaii

 USEPA News Release:

EPA Reaches Settlements Over Clean Air Act Violations at Ports in California and Hawaii

Media Contact: Joshua Alexander, alexander.joshua@epa.gov, 415-214-5940

SAN FRANCISCO (December 18, 2023) – The U.S. Environmental Protection Agency (EPA) has entered into settlements with nine companies or individuals regarding claims of violation of the Clean Air Act. The companies and individuals, all based in California or Hawaii, violated the legal ban on importing into the U.S. any motor vehicle, motor vehicle engine, nonroad engine or equipment that does not conform to EPA emission standards and requirements. Uncertified vehicles and engines can emit harmful air pollutants at 30% or more above allowable standards.

"The illegal importing of vehicles and engines circumvents controls put in place to protect us all – and our environment -- from hazardous air pollution,” said EPA Pacific Southwest Regional Administrator Martha Guzman. "These settlements will serve to prevent pollution from unlawful vehicles and engines, helping to improve air quality and prevent asthma and other respiratory and health harms.”

Since 2008, there has been a steady flow of illegally imported uncertified motorcycles, equipment containing small gasoline-powered engines (e.g., generators, mowers, chainsaws, etc.), and recreational vehicles. EPA is working with U.S. Customs to stop such illegal vehicles and engines at ports of entry and require exportation or destruction.

The EPA’s expedited settlement agreement (ESA) policy for the Clean Air Act Vehicle and Engine Import program is an efficient, standardized process to resolve violations by first-time violators in matters with lower penalties.

Details of the nine agreements:

1. On June 27, 2023, EPA ratified an ESA with PACCAR Inc. for importing one heavy-duty diesel engine at the Port of Calexico, located on the US-Mexico border. The company paid a penalty of $4,545 and, as required, returned the uncertified engine to Mexico. This enforcement initiative was funded by a US-Mexico-Canada Agreement grant to prevent illegal imports from entering the United States through the Southern Border. 
2. On June 27, 2023, EPA ratified an ESA with Dar-Yih David Wu, Shenzhen Senlinyun Technology Co. Ltd. for importing 50 gasoline sweepers at the Port of Los Angeles. The company paid a $2,500 penalty and, as required, exported the uncertified equipment to a country other than Canada or Mexico.
3. On July 21, 2023, EPA ratified an ESA with One Dreamworks Inc. for importing 480 chainsaws and 30 hedge trimmers at the Port of Los Angeles. The company paid a penalty of $8,018 and, as required, destroyed the uncertified equipment.
4. On August 15, 2023, EPA ratified an ESA with E-Speed Inc. for importing 40 dirt bikes at the Port of Los Angeles. E-Speed paid a penalty of $3,200 and, as required, destroyed the uncertified equipment.
5. On September 19, 2023, EPA ratified an ESA with Golden Dragon Farm Inc. for importing one piece of diesel-powered farming equipment at the Port of Honolulu. The company paid a penalty of $800 and forfeited the equipment to U.S. Customs and Border Protection for destruction.
6. On September 25, 2023, EPA ratified an ESA with Springbrook SGC LLC for importing two highway vehicles at the Port of Los Angeles. The company paid a penalty of $300 and, as required, destroyed the uncertified vehicles.
7. On October 31, 2023, EPA ratified an ESA with Eddie Hardister for importing one gasoline plate vibrating machine engine at the Port of Honolulu. Eddie Hardister paid a penalty of $140 and forfeited the engine to U.S. Customs and Border Protection for destruction.
8. On November 1, 2023, EPA ratified an ESA with KCK Builders LLC for importing one gasoline forklift at the Port of Honolulu. The company paid a penalty of $2,860 and forfeited the engine to U.S Customs and Border Protection.
9. On November 1, 2023, EPA ratified an ESA with Pro Motion Racing Productions Inc. for importing 92 gasoline engines intended to be used in uncertified, ridable scooters into the Port of Los Angeles. The company paid a penalty of $2,583 and U.S. Customs and Border Protection facilitated the re-export of the engines.

The denial of entry into the United States of these uncertified engines resulted in the prevention of 21,495 pounds of hydrocarbons and nitrogen oxides, 736 pounds of particulate matter, and 51,139 pounds of carbon monoxide. Hydrocarbons and nitrogen oxide react with other chemicals in the air to form both particulate matter and ozone, and can aggravate respiratory diseases, particularly asthma.

Read more about the EPA’s Expedited Settlement Agreement National Program for Clean Air Act Vehicle and Engine Violations - Imports

Learn about the EPA basics on enforcement and the Clean Air Act.

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