CFMOTO Powersports, Inc., CFMOTO America Inc., Zhejiang CFMOTO Power Co., Ltd., and ChunFeng Holding Group Co., Ltd. (Board decision, February 27, 2014)

Plain-English summary

CFMOTO Powersports, Inc., CFMOTO America Inc., Zhejiang CFMOTO Power Co., Ltd., and ChunFeng Holding Group Co., Ltd. resolved an EPA Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice. The respondents were ordered to comply with every term of the agreement immediately.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated and ratified, and the respondents were ordered to comply with its terms immediately.
• Key point: Ratification made the Consent Agreement an immediately effective Final Order.

Full text (EPA EAB public release)

               BEFORE THE ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.

                                          )

In re: )
)
CFMOTO POWERSPORTS, INC., )
CFMOTO AMERICA INC., ) Docket No. CAA-HQ-2013-8062
ZHEJIANG CFMOTO POWER )
CO., LTD. and CHUNFENG )
HOLDING GROUP CO., LTD., )
-------------------------- )

                                    FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA's Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final

Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

      So ordered.¹

Date: February 27, 2014 ENVIRONMENTAL APPEALS BOARD

                                                             Randolph L. Hill
                                                      Judge, Environmental Appeals Board


    ¹ The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Leslye M. Fraser, Randolph L. Hill, and Catherine R. McCabe.

                              CERTIFICATE OF SERVICE

I certify that the foregoing "Consent Agreement" and "Final Order," In the Matter of CFMOTO
Powersports, Inc., CFMOTO America, Inc., Zhejiang CFMOTO Power Co., Ltd., and ChunFeng
Holding Group Co. Ltd., Docket No. CAA-HQ-2013-8062, were filed and copies of the same
were mailed to the parties as indicated below.

Via Interoffice Mail:

   Meetu Kaul, US EPA, Air Enforcement Division
   1200 Pennsylvania Avenue, N.W.
   Mail Code 2242A
   William Jefferson Clinton Building South Room 3151A
   Washington, D.C. 20460

Via U.S.P.S. Certified Mail:

   Boris Parker
   Parker & Wenner, P.A.
   100 South Fifth Street
   2100 Fifth Street Towers
   Minneapolis, MN 55402
   Attorney for Respondents


                                             Annette Duncan, Secretary
                                       U.S. Environmental Protection Agency
                                            Environmental Appeals Board


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