EPA v. Turtle Rock RV Resort Expedited Settlement Agreement

Case summary

Turtle Rock RV Resort LLC (Respondent) imported one (1) compression ignition tractor (the Subject Engine) on December 13, 2021. Authorized federal inspectors examined the Subject Engine and were unable to find an Emission Control Information (ECI) label indicating EPA certification. Inspectors observed that the engine was manufactured by Shandong Huayan Laidong Engine Co., Ltd. in 7/2021, and the equipment was built by Shandong Sadin Heavy Industries Co., Ltd. in 9/2021. Respondent did not submit a valid EPA Certificate of Conformity (COC). Respondent provided an EPA Declaration Form 3520-21, claiming the Subject Engine was a nonroad spark-ignition engine at or below 19kw that met a personal-use exemption for small spark-ignition engines. However, the Subject Engine is a nonroad compression-ignition engine which does not meet any exemptions for specific engine categories or other special cases approved by the EPA. The EPA?s search through its certification database found that EPA has not provided a COC for any engines manufactured by Shandong Sadin Heavy Industries Co., Ltd. or Shandong Huayan Laidong Engine Co., Ltd. during Model Year 2021. The EPA has found no further evidence indicating the Subject Engine is exempt or otherwise excluded from coverage under Title II of the Clean Air Act (CAA) and its implementing regulations. Hence, it cannot legally be imported into the United States. Accordingly, by importing the Subject Engine, Respondent committed one (1) violation of CAA Sections 203(a)(1) and 213(d), 42 U.S.C. subsection 7522(a)(1) and 7547(d), and the regulations codified at 40 C.F.R. section 1068.101(a)(1) and (b)(5).

Defendants (1)

• Jason RamseyNamed in complaintNamed in settlement

Facilities (1)

• TURTLE ROCK RV RESORT LLC

  28788 HUNTER CREEK LOOP, GOLD BEACH, OR, 97444

  Registry ID: 110071234918

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• Turtle Rock RV Resort Expedited Settlement Agreemententered 2022-03-07

  Primary law: CAA

  Federal penalty: $570

Timeline (3 milestones)

• 2022-03-07Complaint Filed/Proposed Order
• 2022-03-07Final Order Issued
• 2022-03-10Enforcement Action Data Entered