EPA v. CSP Trading

Case summary

This case addresses violations of the Clean Air Act (CAA) by CSP Trading Company ( CSP), located in Silverthorne, Colorado. On April 22, 2008 CSP imported from China five nonroad wheel loaders with 98 Hp compression ignition engines into Denver, Colorado. CSP subsequently posted and offered the wheel loaders for sale on eBay. After receiving information from Environment Canada (the Canadian equivalent of EPA) about construction equipment imported into Canada containing uncertified nonroad engines, EPA discovered that the same brand of equipment was being sold on eBay, and inspected the vehicles at a storage facility in Denver. The inspection revealed the engines in the equipment lacked vehicle emission control information labels. EPA subsequently concluded that the engines are not covered by EPA approved certificates of conformity based upon the lack of certification data for engines this size and from this manufacturer. Two of the models also lacked any labels identifying the engine manufacturer. Because the engines are not covered by a certificate of conformity, CSP imported the engines in violation of Sections 203(a) and 213(d) of the CAA, 42 U.S.C. §§ 7522(a) and 7547(d), and the regulations at 40 C.F.R. §§ 89.105 and 89.110. As a result of this enforcement matter, CSP has decided to review its importing practices. Prior to EPA’s inspection of the engines at issue in this case, CSP sold one of the five vehicles to a private third party through eBay. As part of this settlement, CSP paid an $8,400 civil penalty to the United States Treasury and destroyed the remaining 4 vehicles. EPA pursued this matter based upon the desire to coordinate enforcement with Canada.

Defendants (1)

• CSP Trading Company (SB)Named in complaintNamed in settlement

Facilities (1)

• CASEY PAJAK DBA CSP TRADING COMPANY

  361 TANGLEWOOD LN, SILVERTHORNE, CO, 80498

  Registry ID: 110037243934

Statutes cited

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

Enforcement conclusions (1)

• CSP Tradingentered 2012-06-14

  Primary law: CAA

  Federal penalty: $8,400

Timeline (4 milestones)

• 2010-09-03Enforcement Action Data Entered
• 2012-06-14Complaint Filed/Proposed Order
• 2012-06-14Enforcement Action Closed
• 2012-06-14Final Order Issued