EPA v. Pau Hana Place ESA

Case summary

The gasoline powered car washer described below (with nonroad, small spark-ignition engines) was found to be imported by Pau Hana Place in violation of Sections 203(a)(1) and 213(d) of the Clean Air Act (CAA), 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), which collectively prohibit the importation of engines or equipment containing these engines, unless they are covered by a valid EPA certificate of conformity (COC) or are properly exempted or excluded. Since the gasoline powered car washer was not covered by a COC, it is considered uncertified. In addition, the EPA has found no evidence that the engine is exempt or excluded from coverage. Hence, the gasoline powered car washer cannot legally be imported into the United States

Defendants (1)

• Mark EvensonNamed in complaintNamed in settlement

Facilities (1)

• PAU HANA PLACE

  1651 ALA MOANA BLVD, HONOLULU, HI, 96815

  Registry ID: 110071399189

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• Pau Hana Place ESAentered 2023-05-15

  Primary law: CAA

  Federal penalty: $54

Timeline (3 milestones)

• 2023-05-15Final Order Issued
• 2023-05-15Complaint Filed/Proposed Order
• 2023-06-27Enforcement Action Data Entered