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09-2023-0621Administrative - FormalFinal Order IssuedFY 2023· Region 09

EPA v. Golen Dragon Farm Inc ESA

Final Order With Penalty

Case summary

The diesel-powered farming equipment described below (with nonroad, compression-ignition engine) was found to be imported by Golden Dragon Farm Inc. in violation of Sections 203(a)(1) and 213(d) of the Clean Air Act, 42 U.S.C. ?? 7522(a)(1) and 7547(d), and the regulations codified at 40 C.F.R. ?? 1068.101(a)(1), and 1068.l0l(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 an EPA certificate of conformity (COC) has not been awarded to Golden Dragon Farm Inc. for the diesel-powered farming equipment, it is considered uncertified. In addition, the EPA has found no evidence that the engine is exempt or excluded from coverage. Hence, the diesel-powered farming equipment cannot legally be imported into the United States

Defendants (1)

  • Xin GuNamed in complaintNamed in settlement

Facilities (1)

  • GOLDEN DRAGON FARM INC.

    993 IO LN #B, HONOLULU, HI, 96817

    Registry ID: 110071468156

Statutes cited

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

Enforcement conclusions (1)

  • Golden Dragon Farm Inc ESAentered 2023-09-19

    Primary law: CAA

    Federal penalty: $800

Timeline (3 milestones)

  • 2023-09-19Final Order Issued
  • 2023-09-19Complaint Filed/Proposed Order
  • 2023-09-22Enforcement Action Data Entered

Case metadata

EPA activity ID
3603722653
Case number
09-2023-0621
Lead agency
EPA
EPA region
09
Voluntary self-disclosure
No
Primary statute
Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Sourced verbatim from EPA ECHO Enforcement Case Report for case 09-2023-0621 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.