Geason Enterprises, L.L.C., GE Ventures, L.P., Hammerhead Off-Road, Inc., TJ Power Sports L.L.C., Shanghai Howhit Machinery Manufacture Co., Ltd., and Shanghai Tong Jian Sports Equipment Co., Ltd. (Board decision, March 31, 2015)

Plain-English summary

Geason Enterprises, L.L.C., GE Ventures, L.P., Hammerhead Off-Road, Inc., TJ Power Sports L.L.C., Shanghai Howhit Machinery Manufacture Co., Ltd., and Shanghai Tong Jian Sports Equipment Co., Ltd. resolved an EPA Clean Air Act matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the settling parties to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not state the underlying allegations or any penalty amount.

Decision snapshot

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

Full text (EPA EAB public release)

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

In re: )
)
Geason Enterprises, L.L.C., GE )
Ventures, L.P., Hammerhead Off- ) Docket No. CAA-HQ-2013-8050
Road, Inc., TJ Power Sports L.L.C., )
Shanghai Howhit Machinery )
Manufacture Co., Ltd., and Shanghai )
Tong Jian Sports Equipment Co., Ltd. )

Respondents

                                    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 Settling Parties, as specified in the Consent Agreement, are ORDERED to comply with all terms of the Consent Agreement, effective immediately.

      So ordered.¹

                                               ENVIRONMENTAL APPEALS BOARD

Dated: March 31, 2015 By: [illegible]
Kathie A. Stein
Environmental Appeals Judge

      ¹
    The two-member panel ratifying this matter is composed of Environmental Appeals Judges Leslye M. Fraser and Kathie A. Stein.

                           CERTIFICATE OF SERVICE

I certify that the foregoing “Consent Agreement” and “Final Order,” In the Matter of Geason Enterprises, L.L.C., GE Ventures, L.P., Hammerhead Off-Road, Inc., TJ Power Sports L.L.C., Shanghai Howhit Machinery Manufacture Co., Ltd., and Shanghai Tong Jian Sports Equipment Co., Ltd., Docket No. CAA-HQ-2013-8050, 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 1117A
Washington, D.C. 20460

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

Jason B. Hutt Ronald Tenpas
Bracewell & Giuliani LLP Morgan, Lewis & Bockius LLP
2000 K St. N.W. Suite 500 1111 Pennsylvania Ave. N.W.
Washington, DC 20006 Washington, DC 20004
[email protected] [email protected]
Counsel for Geason Enterprises, L.L.C., Counsel for Shanghai Howhit Machinery
GE Ventures, L.P., Hammerhead Off-Road, Manufacture Co., Ltd.
Inc., and TJ Power Sports, L.L.C.

                                       U.S. Environmental Protection Agency
                                            Environmental Appeals Board
       MAR 31 2015

                                                               [illegible]
                                                        Annette Duncan, Secretary