EPA v. Sixdan Technology Co. Ltd.

Case summary

Respondent imported 66 marine spark-ignition engines on or about October 16, 2019. Authorized federal inspectors examined the Subject Engines and were unable to find an Emission Control Information (ECI) label indicating EPA certification. A Certificate of Conformity (COC) was provided to EPA in follow-up communications. However, EPA confirmed with the COC holder that their engines are not used in the Subject Engines, and there is no business relationship with the equipment manufacturer. The EPA has found no further evidence indicating the Subject Engines are certified, exempt or otherwise excluded from coverage under Title II the Clean Air Act (CAA) and its implementing regulations. Accordingly, by importing the Subject Engines, Respondent has committed 63 violations of CAA Section 203(a)(1) and 213(d), 42 U.S.C. 7522(a)(1) and 7547(d), and the regulations codified at 40 C.F.R. 1068.101(a)(1) and (b)(5). In addition to paying the monetary penalty, Respondent must provide to the EPA documentation showing that the Subject Engine(s) has/have been destroyed, exported to a country other than Canada or Mexico, or are under exclusive control by U.S. Customs and Border Protection (CBP) pending exportation or destruction.

Defendants (1)

• Sixdan Technology Co. Ltd.Named in complaintNamed in settlement

Facilities (1)

• SIXDAN TECHNOLOGY (MOBILE SOURCE)

  1150 POLARIS ST, PORT ELIZABETH MARINE TERMINAL, NJ, 07201

  Registry ID: 110070864701

Statutes cited

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

Enforcement conclusions (1)

• Sixdan Technology Co. Ltd.entered 2020-02-18

  Primary law: CAA

  Federal penalty: $1,828

Timeline (4 milestones)

• 2020-02-18Enforcement Action Closed
• 2020-02-18Complaint Filed/Proposed Order
• 2020-02-18Final Order Issued
• 2020-10-15Enforcement Action Data Entered