EPA v. CF Moto PowerSports

Case summary

This case involves violations of the Clean Air Act (CAA) by CFMOTO Powersports, Inc.; CFMOTO America, Inc.; Zhejiang CFMOTO Power Co., Ltd.; and Chunfeng Holding Group Co., Ltd. (collectively CFMOTO). The violations stem from alleging the importation and sale of approximately 1,688 Chinese-made highway motorcycles, recreational vehicles, and engines that do not comply with the CAA’s environmental requirements for vehicles. Recreational vehicles, motorcycles, and small gasoline engines emit carbon monoxide, as well as volatile organic compounds and oxides of nitrogen that contribute to the formation of ground-level ozone, or smog. The illegal vehicles and engines imported by CFMOTO have contributed to excess emissions of these pollutants. Exposure to even low levels of ozone can cause respiratory problems, and repeated exposure can aggravate pre-existing respiratory diseases. The EPA and U.S. Department of Homeland Security’s Bureau of Customs and Border Protection discovered the violations through an inspection conducted at the Seattle Service Port and through a comprehensive review of importation documents provided to the EPA by CFMOTO. Emission standards for highway motorcycles and recreational vehicles became effective in 1977 and 1995, respectively. The Act prohibits any vehicle from being imported and sold in the United States unless it is covered by an EPA-issued certificate of conformity indicating that the vehicle meets applicable emission standards. As part of the settlement, CFMOTO will pay a $725,000 civil penalty to the United States Treasury, will implement a recall and fuel tank replacement program and will correct the vehicle emission control information label on some of the recreational vehicles which were improperly labeled.

Defendants (4)

• Zhejiang CFMOTO Power Co., Ltd.Named in complaintNamed in settlement
• CFMOTO Powersports, Inc.Named in complaintNamed in settlement
• CFMOTO AMERICA, INC.Named in complaintNamed in settlement
• Chunfeng Holding Group Co., Ltd.Named in complaint

Facilities (1)

• CF MOTO POWERSPORTS INC

  3555 HOLLY LN STE 30, PLYMOUTH, MN, 55447

  Registry ID: 110040072621

Statutes cited

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

Enforcement conclusions (1)

• CF Moto PowerSportsentered 2014-02-27

  Primary law: CAA

  Federal penalty: $725,000

Timeline (3 milestones)

• 2013-04-01Complaint Filed/Proposed Order
• 2013-07-08Enforcement Action Data Entered
• 2014-02-27Final Order Issued