EPA’s Environmental Appeals Board rules against two Texas based companies and four Chinese manufacturers

Washington, December 19, 2014 (STAT):-The U.S. Environmental Protection Agency (EPA) announced that two Texas-based companies—Jonway Motorcycle (USA) Co., Ltd., and Shenke USA, Inc.—and four manufacturers in China violated the Clean Air Act by importing and selling more than 11,000 motorcycles and all-terrain vehicles (ATVs) that did not conform to the specifications that the companies had certified to EPA or lacked EPA certification.

EPA’s Environmental Appeals Board ruled that the companies are responsible for a $1,258,582 civil penalty for these violations. EPA also denied applications from Zhejiang Jonway Motorcycle Manufacturing Co., Ltd., Shenke USA, Inc., and a third company not part of the case decided by the Environmental Appeals Board—Huibang USA, Inc.—for certificates of conformity for model year 2015 highway motorcycles and recreational vehicles manufactured by Zhejiang Jonway Motorcycle Manufacturing Co., Ltd. Without these certificates, which are like permits, Jonway and Shenke may not lawfully sell their model year 2015 vehicles in the U.S.

“EPA’s vehicle certification regulations are an important way we help reduce air pollution and protect public health,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Failing to provide honest and accurate information to EPA compromises our ability to protect clean air for Americans.”

Jonway Motorcycle (USA) Co., Ltd. and Shenke USA, Inc., hold the certificates of conformity for uncertified vehicles. Four Chinese entities—Jonway Group Co., Ltd., Shanghai Shenke Motorcycle Co., Ltd., Zhejiang JMStar Shenke Motorcycle Co., Ltd., and Zhejiang Jonway Motorcycle Manufacturing Co., Ltd.—manufactured the vehicles.

As EPA reviews future certificate applications for these manufacturers, the agency will carefully consider all available information, including any outstanding or unresolved enforcement penalties or actions, when deciding whether to approve those applications.

The Clean Air Act requires vehicle manufacturers to certify to EPA that their products will meet applicable federal emission standards to control air pollution, and every vehicle sold in the U.S. must be covered by an EPA-issued certificate of conformity. To obtain certificates of conformity, manufacturers or importers must submit an application to EPA that describes the engine or vehicle, including its emission control system. The application must also provide emissions data demonstrating that the engines and vehicles will meet applicable federal emission standards.