EPA v. Baja

Case summary

This case addresses violations of the Clean Air Act (CAA) by Baja, Inc., a motorcycle importer and retailer based in Phoenix, AZ. Between January 2010 and August 2010 Baja imported 2907 off-road motorcycles. EPA inspectors determined that all of these motorcycles had one or more adjustible parameters such as adjustable air-fuel mixtures screws. However the certificates of conformity for the motorcycles all state that there are no adjustible parameters on the motorcycles. Adjustible parameters may affect emissions or engine performance during emission testing or normal in-use operation. The CAA requires, among other things, that nonroad equipment be covered by an EPA issued Certificate of Conformity (COC) and that they conform in all material respects to the design specified in the corresponding COC application (see 40 C.F.R. section 1068.101 and 40 C.F.R. section 1051). As part of the settlement with EPA, Baja has agreed to pay a $35,000 civil penalty. Baja also agreed to export, destroy or remediate all of the motorcycles in violation.

Defendants (1)

• Baja Inc.Named in complaintNamed in settlement

Facilities (1)

• BAJA MOTORSPORTS LLC

  4602 E HAMMOND LN, PHOENIX, AZ, 85034

  Registry ID: 110042347804

Statutes cited

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

Enforcement conclusions (1)

• Bajaentered 2011-02-22

  Primary law: CAA

  Federal penalty: $35,000

Timeline (3 milestones)

• 2011-02-22Complaint Filed/Proposed Order
• 2011-02-22Final Order Issued
• 2011-03-17Enforcement Action Data Entered