Pacific Rim International West, Inc. (Board decision, August 15, 2025)

Plain-English summary

Pacific Rim International West, Inc. imports and sells recreational nonroad vehicles, including dirt bikes. EPA alleged that Pacific Rim imported, sold, or offered for sale at least 61,741 off-highway motorcycles that were not covered by a competition exemption between October 1, 2020, and December 31, 2022. The alleged violations concerned the Clean Air Act prohibition on importing or selling new nonroad vehicles without a certificate of conformity or a valid exemption. Pacific Rim agreed to settle, admitted the stipulated facts, waived the right to contest the alleged violations, and agreed to pay a $300,000 civil penalty based on its limited ability to pay. The Board ratified the Consent Agreement and ordered Pacific Rim to comply with its terms.

Decision snapshot

• Cited authorities: Clean Air Act §§ 203, 204, 205, 206, 213, and 216; 42 U.S.C. §§ 7457, 7522, 7523, 7524, 7525, 7547, 7550, and 7602; 40 C.F.R. parts 13, 19, 22, 85, 1051, and 1068
• Outcome: The Consent Agreement was ratified, Pacific Rim was ordered to comply with its terms, and a $300,000 civil penalty was assessed.
• Key point: A competition exemption does not cover imported dirt bikes beyond the quantities and conditions approved by EPA.

Full text (EPA EAB public release)

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

                                            )
                                            )

In re Pacific Rim International West, Inc. ) Docket No. CAA-2025-8718
)
)
)
)

                                    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


                                                ENVIRONMENTAL APPEALS BOARD

Dated: August 15, 2025 ______
Mary Kay Lynch
Environmental Appeals Judge

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

Judges Aaron P. Avila, Mary Kay Lynch, and Ammie Roseman-Orr. BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

 In the Matter of:
                                                              Docket No.
 PACIFIC RIM INTERNATIONAL WEST,                             CAA-2025-8718
 INC.

 Respondent.


                       CONSENT AGREEMENT AND FINAL ORDER


                                    Preliminary Statement

1. This is a civil administrative penalty assessment proceeding instituted under Section 205(c)(1) of

   the Clean Air Act (“CAA”), 42 U.S.C. § 7524(c)(1). The issuance of this Consent Agreement

   and attached Final Order (“CAFO”) simultaneously commences and concludes this proceeding.

   40 C.F.R. § 22.13(b).

2. Complainant in this matter is Mary E. Greene, Director, Air Enforcement Division, Office of

   Civil Enforcement, Office of Enforcement and Compliance Assurance, of the United States

   Environmental Protection Agency (“EPA” or “Complainant”). 40 C.F.R. § 22.3(a). On the EPA’s

   behalf, the Air Enforcement Division Director is authorized by lawful delegation to institute and

   settle civil administrative penalty assessment proceedings under Section 205(c)(1) of the CAA,

   42 U.S.C. § 7524(c)(1). EPA Delegation 7-6A.

3. Respondent in this matter is Pacific Rim International West, Inc. (“Pacific Rim” or

   “Respondent”). Respondent is a Domestic For-Profit Corporation organized under the laws of the

   State of California with an office at 10580 Mulberry Ave, Fontana, California 92337. Among

   other things, the Respondent imports and sells recreational nonroad vehicles, including dirt bikes.

4. The EPA and Respondent (referred to collectively as “Parties” and individually as “Party”),

Consent Agreement and Final Order, CAA-2025-8718 Page 1 of 18 having agreed to settle this action, consent to the entry of this CAFO.

5. The Parties agree to settle this case without taking testimony and without adjudication of any

   issues of law or fact herein and agree to comply with the terms of this CAFO.

                                        Jurisdiction
   

6. This Consent Agreement is entered into under Sections 205(c)(1), 42 U.S.C. § 7524(c)(1) and the

   “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and

   the Revocation/Termination or Suspension of Permits,” 40 C.F.R. Part 22 (“Consolidated

   Rules”).

7. The EPA may administratively assess a civil penalty if the penalty sought is less than $472,901.

   CAA § 205(c)(1); 40 C.F.R. § 19.4.

8. The Consolidated Rules provide that where the Parties agree to settlement of one or more causes

   of action before the filing of a complaint, a proceeding may be simultaneously commenced and

   concluded by the issuance of a CAFO. 40 C.F.R. §§ 22.13(b), 22.18(b).

9. The Environmental Appeals Board is authorized to issue consent orders memorializing

   settlements between the EPA and Respondent resulting from administrative enforcement actions

   under the CAA, and to issue final orders assessing penalties under the CAA. 40 C.F.R.

   §§ 22.4(a)(1), 22.18(b)(3).

                                      Governing Law
   

10. This proceeding arises under Part A of Title II of the CAA, CAA §§ 202-219, 42 U.S.C.

    §§ 7521–54, and the regulations promulgated thereunder. These laws aim to reduce emissions

    from mobile sources of air pollution, generally including non-methane hydrocarbons (“NMHC”),

    particulate matter (“PM”), oxides of nitrogen (“NOx”), and carbon monoxide (“CO”). The

    Alleged Violations of Law, stated below, concern the illegal importation of nonroad engines,

    specifically diesel dirt bikes.

11. Section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), prohibits a vehicle manufacturer from

Consent Agreement and Final Order, CAA-2025-8718 Page 2 of 18 selling a new motor vehicle or engine in the United States unless the vehicle or engine is covered

  by a certificate of conformity (“COC”).

12. Section 213(d) of the Act, U.S.C. § 7457(d), extends the prohibition in Section 203(a)(1) to new

    nonroad vehicles and engines. 42 U.S.C. § 7457(d).

13. The term “manufacturer,” as defined under Section 216 of the Act, includes persons who import

    vehicles or engines for resale. 42 U.S.C. § 7550.

14. The term “new,” as defined under Section 216 of the Act, includes any imported motor vehicle

    that was manufactured after the effective date of a regulation that first set standards for such

    vehicles. 42 U.S.C. § 7550(3).

15. The term “motor vehicle,” as defined in Section 216 of the CAA, means “any self-propelled

    vehicle designed for transporting persons or property on a street or highway.” 42 U.S.C. §

    7550(2); see also 40 C.F.R. § 85.1703 (further defining “motor vehicle”).

16. The term “nonroad vehicle,” as defined in Section 216 of the CAA, means “a vehicle that is

    powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for

    competition.” 42 U.S.C. § 7550(11); see also CAA § 216(10), 42 U.S.C § 7550(10) (defining

    “nonroad engine”).

17. The EPA issues COCs to vehicle and engine manufacturers (also known as “original equipment

    manufacturers” or “OEMs”) under section 206(a) of the CAA, 42 U.S.C. § 7525(a), to certify

    that a particular group of motor vehicles and/or nonroad engines conforms to applicable EPA

    requirements governing motor vehicle emissions.

18. Under section 213 of the CAA, 42 U.S.C. § 7547, the EPA promulgated emission standards for

    HC + NOx, and CO emissions from recreational vehicles, as well as evaporative emissions. See

    generally 40 C.F.R. Part 1051.

19. To obtain a COC for a given nonroad engine family, the OEM must demonstrate that each

    nonroad vehicle or nonroad engine will not exceed established emission standards for certain

Consent Agreement and Final Order, CAA-2025-8718 Page 3 of 18 pollutants. 40 C.F.R. § 1051.101.

20. New recreational vehicles, which include dirt bikes, are regulated under the provisions at 40

    C.F.R. Part 1051 for the Control of Emissions from Recreational Engines and Vehicles. 40

    C.F.R. § 1051.1(a)(2).

21. 40 C.F.R. § 1051.15(c) provides that anyone who manufactures, imports, installs, owns,

    operates, or rebuilds any of the vehicles (or vehicles containing applicable engines) subject to 40

    C.F.R. Part 1051 is also subject to the General Compliance Provisions for Highway, Stationary,

    and Nonroad Programs under 40 C.F.R. Part 1068.

22. A manufacturer may not sell, offer for sale, introduce into commerce, deliver for introduction

    into commerce, or import (or cause any of the foregoing with respect to) a recreational nonroad

    vehicle unless it is covered by a COC or is otherwise exempt from certification. 40 C.F.R.

    § 1068.101(a)(1).

23. Under 40 C.F.R. § 1051.620(b)(1), off-highway motorcycles, such as dirt bikes, that are

    marketed and labeled as only for competitive use and that meet certain criteria may qualify for an

    exemption from the COC requirements. Manufacturers requesting a competition exemption must

    specify the model year of the vehicle or engine they are applying for, and which of the four or

    more criteria they qualify under. If the EPA requests it, manufacturers must provide any

    information the EPA needs to determine whether the vehicles are used solely for competition. 40

    C.F.R. § 1051.620(e).

24. Any violation of section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), is a separate offense with

    respect to each new nonroad vehicle or engine. CAA § 205(a), 42 U.S.C. § 7524(a).

25. Under Sections 204(a) and 205(a) of the Act, 42 U.S.C. §§ 7523(a) and 7524(a), and 40 C.F.R.

    § 19.4, persons violating section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), are each liable

    for injunctive relief and civil penalties of up to $59,114 per vehicle for each violation occurring

    after November 2, 2015.

Consent Agreement and Final Order, CAA-2025-8718 Page 4 of 18 26. Under the CAA, the term “person” includes individuals, corporations, partnerships, associations,

  states, municipalities, and political subdivisions of a states. 42 U.S.C. § 7602(e).

                                        Stipulated Facts

27. Respondent is a person as the term is defined in section 302(e) of the CAA, 42 U.S.C. § 7602(e).

28. From 2020 to 2022, Respondent submitted applications for and received at least 8 competition

    exemptions for its imported dirt bike engines, see Appendix A of this CAFO. To meet the

    exemption requirement, Respondent represented that, among other criteria, a manufacturer

    warranty would not be offered for the imported engines.

29. On March 10, 2022, the EPA and Pacific Rim signed an Expedited Settlement Agreement (“the

    2022 ESA”) regarding Pacific Rim’s importation of 1,259 dirt bike engines that did not meet the

    requirements of its competition exemption and therefore were not covered by the exemption at

    the time of importation. Specifically, Respondent did not meet the requirements of its exemption

    because, at the time of import, the Respondent’s commercial websites offered a manufacturer

    warranty for all the relevant dirt bike engines. Under the 2022 ESA, in addition to paying a

    monetary penalty, Respondent provided documentation to the EPA showing that the dirt bikes at

    issue are no longer being offered for sale with a manufacturer warranty, and committed to

    notifying dealers affirming that there is no manufacturer warranty for the dirt bikes.

30. In its competition exemption applications, Respondent represented that it would import 18,370

    dirt bikes, with specific quantities per model year and model type, as identified in Appendix A of

    this CAFO. Accordingly, the competition exemptions granted by the EPA’s Office of

    Transportation and Air Quality specified that they covered those same quantities per certain

    model year and model type.

31. According to quarterly reports submitted for calendar years 2020 through 2022, Respondent

    imported 76,501 dirt bikes, with specific quantities per model year and model type, as identified

    in Appendix A of this CAFO.

Consent Agreement and Final Order, CAA-2025-8718 Page 5 of 18 Alleged Violations of Law

32. Based on information obtained from the Respondent described in Paragraphs 27 through 31,

    above, the EPA alleges that between October 1, 2020, and December 31, 2022, Respondent

    imported, sold, and/or offered for sale, at least 61,741 off-highway motorcycles not covered by a

    competition exemption. See Appendix A of this CAFO.

33. The EPA alleges that, between October 1, 2021, and December 31, 2022, Respondent committed

    at least 61,741 violations of section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1).

                                    Terms of Agreement
    

34. For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondent:

    (a) admits that the EPA has jurisdiction over this matter as stated above;
    
    (b) admits to the stipulated facts stated above;
    
    (c) consents to the assessment of a civil penalty as stated below;
    
    (d) consents to the conditions specified in this CAFO;
    
    (e) waives any right to contest the allege violations of law; and
    
    (f) waives its rights to appeal the CAFO.
    

35. For the purpose of this proceeding, Respondent:

    (a) agrees that this CAFO states a claim upon which relief may be granted against
    
         Respondent;
    
    (b) waives any and all remedies, claims for relief and otherwise available rights to judicial or
    
         administrative review that Respondent may have with respect to any issue of fact or law
    
         set forth in this CAFO, including any right of judicial review under section 307(b)(1) of
    
         the CAA, 42 U.S.C. § 7607(b)(1);
    
    (c) waives any rights it may possess at law or in equity to challenge the authority of the EPA
    
         to bring a civil action in a United States District Court to enforce this CAFO, and to seek
    
         an additional penalty for noncompliance with this CAFO, and agrees that federal law
    

Consent Agreement and Final Order, CAA-2025-8718 Page 6 of 18 shall govern in any such civil action;

    (d) waives any rights or defenses that Respondent has or may have for this matter to be

         resolved in federal court, including but not limited to any right to a jury trial, and waives

         any right to challenge the lawfulness of the final order accompanying the consent

         agreement.

    (e) consents to personal jurisdiction in any action to enforce this CAFO in the United States

         District Court for the District of Columbia;

    (f) agrees that Respondent may not delegate duties under this CAFO to any other Party

         without the written consent of the EPA, which may be granted or withheld at the EPA’s

         unfettered discretion. If the EPA so consents, the CAFO is binding on the Party or Parties

         to whom the duties are delegated;

    (g) acknowledges that this CAFO constitutes an enforcement action for purposes of

         considering Respondent’s compliance history in any subsequent enforcement actions;

    (h) acknowledges that this CAFO will be available to the public and agrees that it does not

         contain any confidential business information or personally identifiable information;

    (i) acknowledges that its tax identification number may be used for collecting or reporting

         any delinquent monetary obligation arising from this CAFO (see 31 U.S.C. § 7701);

    (j) certifies that the information it has supplied concerning this matter was at the time of its

         submission true, accurate, and complete; and

    (k) acknowledges that there are significant penalties for knowingly submitting false,

         factitious, or fraudulent information, including the possibility of fines and imprisonment

         (see 18 U.S.C. § 1001).

36. For the purpose of this proceeding, the parties each agree that:

    (a) this Consent Agreement constitutes the entire agreement and understanding of the parties
    
         and supersedes any prior agreements or understandings, whether written or oral, among
    

Consent Agreement and Final Order, CAA-2025-8718 Page 7 of 18 the parties with respect to the subject matter hereof;

     (b) the undersigned representative is fully authorized by the Party whom he or she represents

          to bind that Party to this Consent Agreement and execute it on behalf of that Party;

     (c) each Party’s obligations under this CAFO constitute sufficient consideration for the other

          party’s obligations under this Consent Agreement; and

     (d) each party will bear their own costs and attorney fees in the action resolved by this

          CAFO.

37. Respondent agrees to pay a civil penalty in the amount of $300,000 (“Assessed Penalty”) within

    30 calendar days after the date the Final Order ratifying this Agreement is filed with Clerk of the

    Environmental Appeals Board (“Ratifying Date”). The EPA conducted an analysis of financial

    information submitted by the Respondent and determined Respondent has a limited ability to

    pay. Consequently, in accord with applicable law, the EPA determined that the Assessed Penalty

    is an appropriate amount to settle this action.

38. Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due using

    any method, or combination of appropriate methods, as provided at the following EPA website:

    https://www.epa.gov/financial/makepayment. For additional instructions, visit the following

    webpage: https://www.epa.gov/financial/additional-instructions-making-payments-epa.

39. When making a payment, Respondent shall:

    (a)   Identify every payment with Respondent’s name and the docket number of this
    
          Agreement, “Docket No. CAA-2025-8718.”
    
    (b)   Concurrently with any payment or within 24 hours of payment, Respondent shall send
    
          proof of such payment to the following persons:
    
      Clerk of the Board
      U.S. Environmental Protection Agency
      Environmental Appeals Board
      Via electronic mail to:
      [email protected]
    

Consent Agreement and Final Order, CAA-2025-8718 Page 8 of 18 Victor Aguilar, Environmental Engineer
U.S. Environmental Protection Agency
Office of Enforcement and Compliance Assurance
Via electronic mail to:
[email protected]

      U.S. Environmental Protection Agency
      Cincinnati Finance Division
      Via electronic mail to:
      [email protected].


  “Proof of payment” means, as applicable, a copy of the check, confirmation of credit card or

  debit card payment, confirmation of wire or automated clearinghouse transfer, and any other

  information required to demonstrate the payment has been made according to the EPA

  requirements, in the amount due, and identified with the Respondent’s name and “Docket No.

  CAA-2025-8460.”

40. Interest, Charges, and Penalties on Late Payments. Pursuant to 42 U.S.C. § 7524(c)(6), 31 U.S.C.

    § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely pay any portion

    of the Assessed Penalty per this Agreement, the entire unpaid balance of the Assessed Penalty

    and all accrued interest shall become immediately due and owing, and the EPA is authorized to

    recover the following amounts.

    (a)   Interest. Interest begins to accrue from the Ratifying Date. If the Assessed Penalty is paid
    
          in full within 30 days, interest accrued is waived. If the Assessed Penalty is not paid in
    
          full within 30 days, interest will continue to accrue until any unpaid portion of the
    
          Assessed Penalty as well as any accrued interest, penalties, and other charges are paid in
    
          full. Per 42 U.S.C. § 7524(c)(6), interest will be assessed pursuant to 26 U.S.C.
    
          § 6621(a)(2), that is the IRS standard underpayment rate, equal to the Federal short-term
    
          rate plus 3 percentage points.
    

Consent Agreement and Final Order, CAA-2025-8718 Page 9 of 18 (b) Handling Charges. The United States’ enforcement expenses including, but not limited

          to, attorneys’ fees and costs of collection proceedings.

     (c) Late Payment Penalty. A 10% quarterly non-payment penalty.

41. Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if Respondent

    fails to timely pay any portion of the Assessed Penalty, interest, or other charges and penalties

    per this CAFO, the EPA may take additional actions. Such actions the EPA may take include,

    but are not limited to, the following:

    (d)   Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. §§ 13.13
    
          and 13.14;
    
    (e)   Collect the debt by administrative offset (i.e., the withholding of money payable by the
    
          United States government to, or held by the United States government for, a person to
    
          satisfy the debt the person owes the United States government), which includes, but is not
    
          limited to, referral to the Internal Revenue Service for offset against income tax refunds,
    
          per 40 C.F.R. Part 13, Subparts C and H.
    
    (f)   Suspend or revoke Respondent’s licenses or other privileges, or suspend or disqualify
    
          Respondent from doing business with the EPA or engaging in programs the EPA
    
          sponsors or funds, 40 C.F.R. § 13.17.
    
    (d)   Request that the Attorney General bring a civil action in the appropriate district court to
    
          recover the full remaining balance of the Assessed Penalty, in addition to interest and the
    
          amounts described above, per 42 U.S.C. § 7524(c)(6). In any such action, the validity,
    
          amount, and appropriateness of the Assessed Penalty shall not be subject to review.
    

42. Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a partial

    payment of debt will be applied first to outstanding handling charges, second to late penalty

    charges, third to accrued interest, and last to the principal that is the outstanding Assessed

    Penalty amount.

Consent Agreement and Final Order, CAA-2025-8718 Page 10 of 18 43. Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this CAFO

  shall not be deductible for purposes of federal taxes.

44. Pursuant to 26 U.S.C. § 6050X and 26 C.F.R. § 1.6050X-1, the EPA is required to annually send

    to the Internal Revenue Service (“IRS”) a completed IRS Form 1098-F (“Fines, Penalties, and

    Other Amounts”) with respect to any court order or settlement agreement (including

    administrative settlements) that require a payor to pay an aggregate amount that the EPA

    reasonably believes will be equal to, or in excess of, $50,000 for the payor’s violation of any law

    or the investigation or inquiry into the payor’s potential violation of any law, including amounts

    paid for “restitution or remediation of property” or to come “into compliance with a law.” The

    EPA is further required to furnish a written statement, which provides the same information

    provided to the IRS, to each payor (i.e., a copy of IRS Form 1098-F). Respondent’s failure to

    comply with providing IRS Form W-9 or Tax Identification Number (“TIN”), as described

    below, may subject Respondent to a penalty, per 26 U.S.C. § 6723, 26 U.S.C. § 6724(d)(3), and

    26 C.F.R. § 301.6723-1. To provide the EPA with sufficient information to enable it to fulfill

    these obligations, Respondent shall complete the following actions as applicable.

    (g)   Respondent shall complete an IRS Form W-9 (“Request for Taxpayer Identification
    
          Number and Certification”), which is available at https://www.irs.gov/pub/irspdf/
    
          fw9.pdf.
    
    (h)   Respondent shall therein certify that its completed IRS Form W-9 includes Respondent’s
    
          correct TIN or that Respondent has applied and is waiting for issuance of a TIN.
    
    (i)   Respondent shall email its completed Form W-9 to the EPA’s Cincinnati Finance
    
          Division at [email protected], on or before the date that Respondent’s initial penalty
    
          payment is due, pursuant to Paragraph 38 of the CAFO, or within 7 days should the order
    
          become effective between December 15 and December 31 of the calendar year. The EPA
    
          recommends encrypting IRS Form W-9 email correspondence.
    

Consent Agreement and Final Order, CAA-2025-8718 Page 11 of 18 (j) In the event that Respondent has certified in its completed IRS Form W-9 that it does not

           yet have a TIN but has applied for a TIN, Respondent shall provide the EPA’s Cincinnati

           Finance Division with Respondent’s TIN, via email, within five (5) days of Respondent’s

           receipt of a TIN issued by the IRS.

45. Certification of Compliance. As a condition of settlement, Respondent agrees to the following:

    By signing this CAFO, Respondent certifies that from the date of its signature, Respondent will

    not sell, offer for sale, introduce, or deliver for introduction, into commerce, or import (or cause

    any of the foregoing with respect to) any new nonroad vehicle or nonroad engine unless such

    vehicle or engine is covered by a COC or is properly exempted.

                   Effect of Consent Agreement and Attached Final Order
    

46. In accord with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this CAFO shall only

    resolve Respondent’s liability for federal civil penalties for the violations and facts alleged

    above.

47. Penalties paid pursuant to this Consent Agreement are not deductible for federal tax purposes.

    28 U.S.C. § 162(f).

48. This CAFO applies to and is binding upon the Complainant and Respondent. Successors and

    assigns of Respondent are also bound if they are owned, in whole or in part, directly or

    indirectly, or otherwise controlled by Respondent. Nothing in the previous sentence adversely

    affects any right of the EPA under applicable law to assert successor or assignee liability against

    Respondent’s successors or assignees.

49. Nothing in this Consent Agreement shall relieve Respondent of the duty to comply with all

    applicable provisions of the CAA or other federal, state, or local laws or statutes, nor shall it

    restrict the EPA’s authority to seek compliance with any applicable laws or regulations, nor shall

    it be construed to be a ruling on, or determination of, any issue related to any federal, state, or

    local permit.

Consent Agreement and Final Order, CAA-2025-8718 Page 12 of 18 50. The EPA reserves the right to revoke this Consent Agreement and accompanying settlement

  penalty if and to the extent the EPA finds, after signing this Consent Agreement, that any

  information provided by Respondent was or is materially false or inaccurate, and the EPA

  reserves the right to pursue, assess, and enforce legal and equitable remedies for the Alleged

  Violations of Law. The EPA shall give Respondent written notice of such termination, which will

  be effective upon mailing.

51. The Parties agree to submit this Consent Agreement to the Environmental Appeals Board with a

    request that it be incorporated into a Final Order.

                                         Effective Date
    

52. Respondent and Complainant agree to issuance of the attached Final Order. Upon filing, the EPA

    will transmit a copy of the filed Consent Agreement to the Respondent. This Consent Agreement

    and attached Final Order shall become effective after execution of the Final Order by the

    Environmental Appeals Board and filing with the Hearing Clerk.

Consent Agreement and Final Order, CAA-2025-8718 Page 13 of 18 APPENDIX A
PACIFIC RIM INTERNATIONAL WEST, INC. VIOLATIONS OF 42 U.S.C § 7522
FOR THE PERIOD OF OCTOBER 1, 2020, THROUGH DECEMBER 31, 2022, FOR IMPORTING, OFFERING FOR SALE, OR SALE OF 61,741 DIRT BIKES NOT COVERED BY A CERTIFICATE OF CONFORMITY

            Competition                    Quantity     Quantity Listed Quantity Imported
            Exemption     Model   Model   Approved in    on Quarterly     in Excess of

Importer Number Year Type Exemption Reports Approved Amount

Pacific Rim 2020-JULY-
International MCATV- 2021 T2 20 60 40 West Inc. COMP-13397

Pacific Rim 2020-JULY-
International MCATV- 2021 T4 20 25 5 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 K6-R 150 100 0 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 K2 150 1579 1429 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 K4 150 548 398 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 K6 150 319 169 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 KMB 150 244 94 West Inc. COMP-13397 Pacific Rim 2020-JULY-
TSD11
International MCATV- 2021 150 0 0
0
West Inc. COMP-13397
Pacific Rim 2020-JULY-
International MCATV- 2021 TS125 150 0 0 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 K5 20 0 0 West Inc. COMP-13397 Pacific Rim 2020-JULY- International MCATV- 2021 KT250 150 425 275 West Inc. COMP-13397

Consent Agreement and Final Order, CAA-2025-8718 Page 14 of 18 Competition Quantity Quantity Listed Quantity Imported
Exemption Model Model Approved in on Quarterly in Excess of
Importer Number Year Type Exemption Reports Approved Amount Pacific Rim 2020-JULY- International MCATV- 2021 K6 EFI 60 137 77 West Inc. COMP-13397
2020-
Pacific Rim
SEPTEMBER- PAD60
International 2021 650 352 0
MCATV- -1
West Inc.
COMP-13580
2020-
Pacific Rim
SEPTEMBER- PAD70
International 2021 120 0 0
MCATV- -1
West Inc.
COMP-13580
2020-
Pacific Rim
SEPTEMBER- PAD12
International 2021 650 2395 1745
MCATV- 5-1F
West Inc.
COMP-13580
2020-
Pacific Rim
SEPTEMBER- PAD12
International 2021 650 2352 1702
MCATV- 5-3
West Inc.
COMP-13580
2020-
Pacific Rim
SEPTEMBER- PAD12
International 2021 120 0 0
MCATV- 5-2
West Inc.
COMP-13580
2020-
Pacific Rim
SEPTEMBER- KXD70
International 2021 3050 23721 20671
MCATV- 1A
West Inc.
COMP-13610
2020-
Pacific Rim
SEPTEMBER- KXD70
International 2021 2020 7453 5433
MCATV- 6A
West Inc.
COMP-13610
2020-
Pacific Rim
SEPTEMBER- KXD00
International 2021 510 629 119
MCATV- 8A
West Inc.
COMP-13610
2020-
Pacific Rim
SEPTEMBER- KXD70
International 2021 510 434 0
MCATV- 2A
West Inc.
COMP-13610
2020-
Pacific Rim
SEPTEMBER- KXD00
International 2021 510 384 0
MCATV- 8A ES
West Inc.
COMP-13610

Consent Agreement and Final Order, CAA-2025-8718 Page 15 of 18 Competition Quantity Quantity Listed Quantity Imported
Exemption Model Model Approved in on Quarterly in Excess of
Importer Number Year Type Exemption Reports Approved Amount
2020-
Pacific Rim
SEPTEMBER- KXD70
International 2021 510 1860 1350
MCATV- 1A ES
West Inc.
COMP-13610
2020-
Pacific Rim
NOVEMBER- PAD60
International 2021 400 1015 615
MCATV-M- -1
West Inc.
13834
Pacific Rim 2021-APRIL-
KMB6
International MCATV-M- 2022 200 5104 4904
0
West Inc. 14407
Pacific Rim 2021-APRIL-
International MCATV-M- 2022 TS90 200 4485 4285 West Inc. 14407 Pacific Rim 2021-APRIL-
TSD11
International MCATV-M- 2022 50 0 0
0
West Inc. 14407
Pacific Rim 2021-APRIL-
International MCATV-M- 2022 TD125 200 4487 4287 West Inc. 14407 Pacific Rim 2021-APRIL- International MCATV-M- 2022 TT125 200 3059 2859 West Inc. 14407 Pacific Rim 2021-APRIL- International MCATV-M- 2022 TT140 200 3214 3014 West Inc. 14407 Pacific Rim 2021-AUGUST-
PAD50
International MCATV-M- 2022 1000 6824 5824
-1P
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD50
International MCATV-M- 2022 1000 1330 330
-2
West Inc. 14966
Pacific Rim 2021-AUGUST-
PPB50-
International MCATV-M- 2022 100 209 109
1P
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD50
International MCATV-M- 2022 100 0 0
-3
West Inc. 14966
Pacific Rim 2021-AUGUST-
PPB50-
International MCATV-M- 2022 100 0 0
1ES
West Inc. 14966

Consent Agreement and Final Order, CAA-2025-8718 Page 16 of 18 Competition Quantity Quantity Listed Quantity Imported
Exemption Model Model Approved in on Quarterly in Excess of
Importer Number Year Type Exemption Reports Approved Amount Pacific Rim 2021-AUGUST-
PAD50
International MCATV-M- 2022 100 147 47
-1ES
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD60
International MCATV-M- 2022 300 1520 1220
-1
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD50
International MCATV-M- 2022 100 0 0
-8
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD12
International MCATV-M- 2022 500 0 0
5-2
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD12
International MCATV-M- 2022 500 0 0
5-3
West Inc. 14966
Pacific Rim 2021-AUGUST-
PAD12
International MCATV-M- 2022 500 0 0
5-1F
West Inc. 14966
2021-
Pacific Rim
NOVEMBER- PAD60
International 2022 50 0 0
MCATV- -1
West Inc.
COMP-15306
2021-
Pacific Rim
NOVEMBER- PAD70
International 2022 50 0 0
MCATV- -1
West Inc.
COMP-15306
2021-
Pacific Rim
NOVEMBER- PAD12
International 2022 500 768 268
MCATV- 5-1F
West Inc.
COMP-15306
2021-
Pacific Rim
NOVEMBER- PAD12
International 2022 500 644 144
MCATV- 5-3
West Inc.
COMP-15306
2021-
Pacific Rim
NOVEMBER- PAD12
International 2022 50 0 0
MCATV- 5-2
West Inc.
COMP-15306
2021-
Pacific Rim
NOVEMBER- PAD12
International 2022 300 0 0
MCATV- 5-V2
West Inc.
COMP-15306

Consent Agreement and Final Order, CAA-2025-8718 Page 17 of 18 Competition Quantity Quantity Listed Quantity Imported
Exemption Model Model Approved in on Quarterly in Excess of
Importer Number Year Type Exemption Reports Approved Amount
2021-
Pacific Rim
NOVEMBER- PAD14
International 2022 300 340 40
MCATV- 0-V2
West Inc.
COMP-15306
2021-
Pacific Rim
NOVEMBER- PAD19
International 2022 50 338 288
MCATV- 0-V2
West Inc.
COMP-15306
Pacific Rim 2022-MARCH-
PAD50
International MCATV-M- 2022 200 0 0
-1Z
West Inc. 16060
TOTAL 18,370 76,501 61,741

Consent Agreement and Final Order, CAA-2025-8718 Page 18 of 18 For Complainant:

                   Digitally signed by MARY

MARY GREENE GREENE
Date: 2025.07.16 09:10:23 -04'00'

Mary E. Greene, Director
Air Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001

Consent Agreement and Final Order, CAA-2025-8718
 CERTIFICATE OF SERVICE

   I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the

matter of Pacific Rim International West, Inc., Docket No. CAA-2025-8718, were sent to the following persons in the manner indicated:

By Email:

William M. Guerry Jr., Of Counsel
Kelley Drye & Warren LLP
[email protected]

Kayla Steinberg
Office of Civil Enforcement
U.S. EPA Office of Enforcement and
Compliance Assurance
[email protected]

                                                                    Digitally signed by
                                                                    PATRICK CHANG
                                                                    Date: 2025.08.15
                                                                    10:42:57 -04'00'

                                                         Patrick S. Chang
                                                          Senior Counsel