Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc. (Board decision, April 30, 2026)

Plain-English summary

Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc. imports and sells nonroad vehicles, including airport runway snow-removal plows and sweepers. EPA alleged that the company imported 28 new, compression-ignition nonroad engines from 2022 through 2025 without certificates of conformity or an applicable exemption, resulting in 28 violations of the Clean Air Act and its implementing regulations. The company settled without admitting or denying the alleged violations, agreed to pay a $466,456 civil penalty, and must apply supplemental labels to the subject engines and submit a corrective-action report. The EAB ratified the Consent Agreement and ordered compliance with its terms.

Decision snapshot

• Cited authorities: Clean Air Act §§ 203, 205, and 213; 40 C.F.R. parts 19, 22, 1039, and 1068; 42 U.S.C. §§ 7522, 7524, 7547, and 7550
• Outcome: The Consent Agreement was ratified, and Eagle Safe Surfaces was ordered to pay a $466,456 civil penalty and complete corrective labeling.
• Key point: Importers of new nonroad engines must have EPA certificates of conformity or an applicable exemption before bringing those engines into United States commerce.

Full text (EPA EAB public release)

                                                                       F I L E D
                                                                           Apr 30, 2026
                                                                      Clerk, Environmental Appeals Board
                                                                      INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.


                                           )
                                           )

In re Eagle Safe Surfaces Colorado Inc. ) Docket No. CAA-2026-8726
DBA Eagle & Myslik Inc. )
)
)

                                    FINAL ORDER



                                Decided April 30, 2026




   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.

   Order of the Board by Judge Avila:


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

 In the Matter of:
                                                                         Docket No.
 EAGLE SAFE SURFACES COLORADO INC.                                      CAA-2026-8726
 DBA EAGLE & MYSLIK INC.

 Respondent.


                                  CONSENT AGREEMENT

                                     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 the United States Environmental Protection Agency (“EPA” or

   “Complainant”). On the EPA’s behalf, Sparsh S. Khandeshi, Acting Director, Air Enforcement

   Division, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, 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).

3. Respondent in this matter is Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc.

   (“Eagle and Myslik” or “Respondent”). Respondent is a corporation organized under the laws of

   the State of Colorado with an office at 2869 S. Shoshone Street, Englewood, CO 80110. Among

   other things, the Respondent imports and sells nonroad vehicles .

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

   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 with the terms of this CAFO.

                                        Jurisdiction
   

5. This Consent Agreement is entered into under Section 205(c)(1) of the CAA, 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”).

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

   42 U.S.C. § 7524(c)(1); 40 C.F.R. § 19.4.

7. 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).

8. 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
   

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

   §§ 7521-7554, and the regulations promulgated thereunder. These laws aim to reduce emissions

   from mobile sources of air pollution, generally including non-methane hydrocarbons, particulate

   matter, oxides of nitrogen, and carbon monoxide. The Alleged Violations of Law, stated below,

   concern the illegal importation of nonroad engines, specifically runway snow sweepers.

10. Manufacturers of new motor vehicles or new motor vehicle engines are prohibited from selling,

    offering for sale, or introducing into commerce, or delivering for introduction into commerce, or

                                              2
    

    any person from importing into the United States, any new motor vehicle or new motor vehicle

    engine unless such vehicle or engine is covered by a certificate of conformity issued by the EPA

    under regulations prescribed by the CAA governing vehicle and engine emission standards. 42

    U.S.C. § 7522(a)(1).

11. Section 213(d) of the CAA, 42 U.S.C. § 7547(d), extends the prohibition in Section 203(a)(1) to

    new nonroad vehicles and engines, as Section 213(d) provides that the standards for nonroad

    vehicles and engines are required to be enforced in the same manner as the standards prescribed

    under Section 202 of the CAA for motor vehicles and motor vehicle engines. Further, Section

    213(d) states that the EPA shall revise or promulgate regulations as may be necessary to

    determine compliance with, and enforce, standards in effect under CAA Section 113.

12. “Person” is defined as including individuals, corporations, partnerships, associations, states,

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

13. “Manufacturer” is defined as “any person engaged in the manufacturing or assembling of new

    motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, or

    importing such vehicles or engines for resale, or who acts for and is under the control of any

    such person in connection with the distribution of new motor vehicles, new motor vehicle

    engines, new nonroad vehicles or new nonroad engines….” 42 U.S.C. § 7550(1). See also 40

    C.F.R. § 1068.30 (“manufacturer” includes importers that import new engines or new equipment

    into the United States for resale).

14. “Nonroad engine” is defined as “an internal combustion engine (including the fuel system) that is

    not used in a motor vehicle or a vehicle used solely for competition,” or that is not subject to

    standards applicable to new stationary sources in Section 111 of the CAA, 42 U.S.C. § 7411 or

    new motor vehicles in Section 202 of the CAA, 42 U.S.C. § 7521. 42 U.S.C § 7550(10).

                                                3
    

    16. “Nonroad vehicle” is defined as “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).

15. The EPA is required to promulgate standards for new nonroad engines that will achieve the

    greatest degree of emission reduction available and requires that the EPA consider standards

    equivalent in stringency to those applicable to comparable motor vehicles and engines. 42 U.S.C.

    § 7547(a)(3).

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

    compression-ignition (commonly called “diesel”) nonroad engines at 40 C.F.R. Part 1039.

17. The regulations at 40 C.F.R. Part 1039 apply for all new, compression-ignition nonroad engines,

    as defined in § 1039.801. 40 C.F.R. § 1039.1.

18. “Compression-ignition” is defined as “relating to a type of reciprocating, internal-combustion

    engine that is not a spark-ignition engine.” 40 C.F.R. § 1039.801.

19. “New nonroad engine” includes, among other things, an imported nonroad engine with a

    maximum engine power of 130 kilowatts and produced after January 1, 1996. 40 C.F.R.

    § 1039.801.

20. The EPA administers a certification program, under which it issues certificates of conformity, to

    ensure that every new motor vehicle and nonroad engine introduced into United States

    commerce satisfies applicable emission standards. 42 U.S.C. §§ 7525 and 7547.

21. To obtain a certificate of conformity for a given nonroad engine family and model year, the

    manufacturer must submit an application demonstrating that each nonroad engine will not exceed

    established emission standards for certain pollutants. See 40 C.F.R. §§ 1039.201, 1039.205. If

    the EPA determines the application is complete and meets the requirements of 40 C.F.R Part

    1039 and the CAA, the EPA will issue a certificate of conformity for the emission family for that

                                              4
    

    model year. 40 C.F.R. § 1039.255(a). The EPA may deny an application if it determines the

    engine family does not meet applicable requirements. 40 C.F.R. § 1039.255(b).

22. A valid certificate of conformity is one that applies for the same model year as the model year of

    the engine or equipment (except as allowed by 40 C.F.R. § 1068.105(a)), covers the appropriate

    category or subcategory of engines/equipment, and conforms to all requirements specified for

    equipment in the standard-setting part. 40 C.F.R. § 1068.101(a)(1)(i). Engines or equipment are

    not considered covered by a certificate unless they are in a configuration described in the

    application for certification. Id.

23. The requirements and prohibitions of 40 C.F.R. Part 1068, the General Compliance Provisions

    for Highway, Stationary, and Nonroad Programs, apply to everyone, including anyone who

    manufactures, imports, installs, owns, operates, or rebuilds any of the engines subject to Part

    1039, or equipment containing these engines. See 40 C.F.R. § 1039.15(b).

24. A manufacturer may not sell, offer for sale, introduce into commerce in the United States, deliver

    for introduction into commerce into the United States, or import into the United States (or cause

    any of the foregoing with respect to) a new nonroad engine unless it is covered by a certificate of

    conformity or is otherwise exempt from certification. See 40 C.F.R. §§ 1068.101(a)(1), (b)(5).

25. Manufacturers are prohibited from importing an uncertified engine or piece of equipment if it is

    defined to be new in the standard-setting part with a model year for which emission standards

    applied. 40 C.F.R. § 1068.101(b)(5).

26. 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. 42 U.S.C. § 7524(a); 40 C.F.R.

    § 1068.101(a)(1).

                                               5
    

    29. Persons violating Section 203(a)(1) of the CAA, 42 U.S.C. § 7522(a)(1), are each liable for civil

    penalties of up to $59,114 per engine for each violation occurring after November 2, 2015. 42

    U.S.C. § 7524(a); 40 C.F.R. § 19.4.

                                        Stipulated Facts
    

27. Respondent is a “person” within the meaning of 42 U.S.C. § 7602(e).

28. From 2022 through 2025, Respondent imported 28 trucks equipped with Daimler OM470LA and

    OM471LA model diesel engines into the United States. The engines each have a maximum

    engine power ranging from 456 to 530 horsepower, or approximately 335 to 390 kilowatts. The

    trucks were equipped for nonroad use as part of Øveraasen-branded snow removal plows and

    sweepers for airport runway use.

29. Collectively, the 28 trucks are referred to as the “Subject Vehicles” and the engines in the trucks

    are referred to as the “Subject Engines.” The Subject Vehicles and Subject Engines are identified

    in Exhibit A.

30. Respondent is a “manufacturer” of the Subject Engines within the meaning of 42 U.S.C.

    § 7550(1) and 40 C.F.R. § 1068.30.

31. The Subject Engines are “nonroad engines” within the meaning of 42 U.S.C § 7550(10), and

    “new, compression-ignition nonroad engines” within the meaning of 40 C.F.R. §§ 1039.1 and

    1039.801.

32. The Subject Engines were not covered by any certificates of conformity issued by the EPA under

    40 C.F.R. Part 1039, and no exemption or exclusion from the certification requirements applied

    to these engines under either Subparts C or D of 40 C.F.R. Part 1068.

                                               6
    

    Alleged Violations of Law

33. By importing the new, nonroad compression-ignition engines identified in Exhibit A without a

    valid certificate of conformity issued by the EPA under 40 C.F.R. Part 1039, or under an

    exemption or exclusion under 40 C.F.R. Part 1068, Respondent violated Sections 203(a)(1) and

    213(d) of the CAA, 42 U.S.C. §§ 7522(a)(1) and 7547(d), and the corresponding implementing

    regulations under 40 C.F.R. Parts 1039 and 1068. Each import of an uncertified engine

    constitutes a separate violation under Section 203(a)(1), resulting in 28 violations.

                                Terms of Consent 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 the subject matter alleged in this Consent
    
             Agreement;
    
         (b) admits to the stipulated facts stated above;
    
         (c) neither admits nor denies the alleged violations of law stated above;
    
         (d) consents to the assessment of a civil penalty as stated below;
    
         (e) consents to any conditions specified in this Consent Agreement;
    
         (f) waives any right to contest the alleged violations of law; and
    
         (g) waives its rights to appeal the Final Order accompanying this Consent Agreement.
    

35. For the purpose of this proceeding, Respondent:

         (a) agrees that this Consent Agreement 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 Consent Agreement, including any right of judicial
    
             review under Section 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1);
    
                                                7
    

    (c) 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 Consent Agreement and Final

Order;

(d) 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 Consent

Agreement or Order, or both, and to seek an additional penalty for such

noncompliance, and agrees that federal law shall govern in any such civil action;

(e) consents to personal jurisdiction in any action to enforce this Consent Agreement or

Order, or both, in the United States District Court for the District of Columbia;

(f) agrees that Respondent may not delegate duties under this Consent Agreement to any

other Party without the written consent of the EPA, which may be granted or withheld

at EPA’s unfettered discretion. If the EPA so consents, the Consent Agreement is

binding on the Party or Parties to whom the duties are delegated;

(g) acknowledges that this Consent Agreement constitutes an enforcement action for

purposes of considering Respondent’s compliance history in any subsequent

enforcement actions;

(h) acknowledges that this Consent Agreement and attached Final Order will be available

to the public and agree 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 Agreement (see 31

U.S.C. § 7701);

                                  8

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

             submission true, accurate, and complete; and

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

             fictitious, or fraudulent information, including the possibility of fines and

             imprisonment (see 18 U.S.C. § 1001).

39. For purposes 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 the Parties with respect to the subject matter hereof;
    
         (b) this Consent Agreement may be signed in any number of counterparts, each of which
    
             will be deemed an original and, when taken together, constitute one agreement; the
    
             counterparts are binding on each of the Parties individually as fully and completely as
    
             if the Parties had signed one single instrument, so that the rights and liabilities of the
    
             Parties will be unaffected by the failure of any of the undersigned to execute any or
    
             all of the counterparts; any signature page and any copy of a signed signature page
    
             may be detached from any counterpart and attached to any other counterpart of this
    
             Consent Agreement;
    
         (c) its undersigned representative is fully authorized by the Party whom he or she
    
             represents to bind that Party to this Consent Agreement and to execute it on behalf of
    
             that Party;
    
         (d) each Party’s obligations under this Consent Agreement and attached Final Order
    
             constitute sufficient consideration for the other Party’s obligations under this Consent
    
             Agreement and attached Final Order; and
    
                                                9
    

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

             Consent Agreement and attached Final Order.
    

40. Civil Penalty. The civil penalty agreed upon by the Parties for settlement purposes is $466,456

    (the “Civil Penalty”).

         (a) pay the Civil Penalty within thirty calendar days of the Filing Date of this Consent
    
             Agreement;
    
         (b) pay the Civil Penalty using any method provided on the following website
    
             https://www.epa.gov/financial/makepayment. For additional instructions, see:
    
             https://www.epa.gov/financial/additional-instructions-making-payments-
    
             epa#Pay.gov;
    
         (c) identify each and every payment with Docket No. CAA-2026-8726; and
    
         (d) within 24 hours of payment, email proof of payment to Conner Kingsley at
    
             [email protected]. “Proof of payment” means, as applicable, a confirmation
    
             of credit card or debit card payment, confirmation of wire or automated clearinghouse
    
             transfer, and any other information required to demonstrate that payment has been
    
             made according to EPA requirements, in the amount due, and identified with Docket
    
             No. CAA-2026-8726.
    

41. Failure to pay the full amount of the penalty assessed under this Consent Agreement and Final

    Order may subject Respondent to a civil action to collect any unpaid portion of the proposed

    civil penalty and interest. In order to avoid the assessment of interest, administrative costs, and

    late payment penalty in connection with such civil penalty, as described in the following four

    paragraphs of this Consent Agreement and Final Order, Respondent must timely pay the penalty.

42. 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

                                               10
    

    portion of the Civil Penalty per this Consent Agreement and Final Order, the entire unpaid

    balance of the Civil Penalty and all accrued interest shall become immediately due and owing,

    and the EPA is authorized to recover the following amounts.

         (a) Handling Charges. The United States’ enforcement expenses including, but not
    
             limited to, attorneys’ fees and costs of collection proceedings.
    
         (b) Late Payment Penalty. A ten percent (10%) quarterly non-payment penalty.
    

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

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

    this Consent Agreement and Final Order, the EPA may take additional actions. Such actions the

    EPA may take include, but are not limited to, the following:

         (a) request that the Attorney General bring a civil action in the appropriate district court
    
             to recover the full remaining balance of the Civil 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 Civil Penalty shall not be subject to
    
             review;
    
         (b) refer the debt to a credit reporting agency or a collection agency. See 40 C.F.R.
    
             §§ 13.13 and 13.14;
    
         (c) 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 (see 40 C.F.R. Part 13, Subparts C and H); and
    
                                               11
    

    (d) 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, per 40 C.F.R. § 13.17.
    

44. 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 Civil Penalty

    amount.

45. Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this Consent

    Agreement and Final Order shall not be deductible for purposes of federal taxes.

46. As a condition of settlement, Respondent agrees to the following:

         (a) Within 60 days of the Effective Date of this Agreement, apply to each of the Subject
    
             Engines identified in Exhibit A a supplemental label in a readily visible location
    
             adjacent to the existing emission control information label that is required by 40
    
             C.F.R. § 1039.135, and which will be durable throughout the engine’s useful life and
    
             cannot be removed without being destroyed or defaced. Each label shall state: “This
    
             engine is not EPA certified but is legal for introduction into United States commerce
    
             pursuant to the terms of a settlement agreement with the U.S. EPA, Docket No. CAA-
    
             2026-8726.”
    
         (b) Within 120 days of the Effective Date of this Agreement, Respondent must provide
    
             a corrective action report to the EPA that includes the following and otherwise
    
             demonstrates the labeling described in the foregoing subparagraph was completed:
    
                i.   A legible photograph of a representative label as applied;
    
               ii.   A list of vehicle identification numbers and corresponding engine serial
    
                     numbers that received supplemental labels; and
    
                                                12
    

    iii. Certification of the completion of the required supplemental labeling of each

                     unit as described above, signed by a corporate officer, containing the
    
                     following language:
    
                     I certify under penalty of law that I have examined and am familiar with the
                     information submitted in this document and all attachments and that this
                     document and its attachments were prepared either by me personally or
                     under my direction or supervision in a manner designed to ensure that
                     qualified and knowledgeable personnel properly gather and present the
                     information contained therein. I further certify, based on my personal
                     knowledge or on my inquiry of those individuals immediately responsible
                     for obtaining the information, that the information is true, accurate, and
                     complete. I am aware that there are significant penalties for submitting false
                     information, including the possibility of fines and imprisonment for
                     knowingly and willfully submitting a materially false statement.
    
              iv.    By its signature to this Consent Agreement, Respondent certifies that from
    
                     the date of its signature, it will not sell, offer to sell, introduce into United
    
                     States commerce, deliver for introduction into United States commerce, or
    
                     import (or cause the foregoing with respect to) any new equipment
    
                     containing uncertified or unexempted engines.
    

47. By signing this Consent Agreement, the undersigned representative of Complainant and the

    undersigned representative of Respondent each certify that he or she is fully authorized to

    execute and enter into the terms and conditions of this Agreement and has the legal capacity to

    bin the party he or she represents to this Consent Agreement.

48. By signing this Consent Agreement, Respondent agrees to acceptance of the Complainant’s (a)

    digital or an original signature on this Consent Agreement; and (b) service of the fully executed

    Consent Agreement on the Respondent by mail or electronically by e-mail. Complainant agrees

    to acceptance of the Respondent’s digital or an original signature on this Consent Agreement.

49. Except as qualified by Paragraph 43(c), each party shall bear its own attorney’s fees, costs, and

    disbursements incurred in this proceeding.

                                                13
    

    Effect of Consent Agreement and Attached Final Order

50. In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this Consent

    Agreement shall only resolve Respondent’s liability for federal civil penalties for the violations

    alleged above.

51. This Consent Agreement and attached Final Order apply to and are binding upon the

    Complainant and the 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 successor or assignee.

52. 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.

                                               14
    

    (a) 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.
    
         (b) 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.
    
         (c) 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 penalty
    
             payment is due, pursuant to Paragraph 40 of the Consent Agreement and Final Order,
    
             or within seven 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.
    
         (d) 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.
    

53. 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.

54. 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

                                                15
    

    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.

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

    request that it be incorporated into a Final Order.

56. 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.

                                               16
    

    EXHIBIT A
    Subject Vehicles and Engines

Unit 1 – Øveraasen Serial Number 32206
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96423310668437
Engine Info
Manufacturer -Daimler Truck AG
Model – OM471LA - Euro VI
Date of Manufacture – February 2023
Engine Serial Number – 471943 C 0814 179

Unit 2 – Øveraasen Serial Number 32207
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96423110756668
Engine Info
Manufacturer -Daimler Truck AG
Model – OM471LA - Euro VI
Date of Manufacture – January 2024
Engine Serial Number – 471943 C 0923 797

Unit 3 – Øveraasen Serial Number 32208
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96423910758877
Engine Info
Manufacturer -Daimler Truck AG
Model – OM471LA - Euro VI
Date of Manufacture – February 2024
Engine Serial Number – 471943 C 0926 224

Unit 4 – Øveraasen Serial Number 32209
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96423410767146
Engine Info
Manufacturer -Daimler Truck AG
Model – OM471LA - Euro VI
Date of Manufacture – March 2024
Engine Serial Number – 471943 C 0936 838

                                   17

Unit 5 – Øveraasen Serial Number 322010
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96423X10767507
Engine Info
Manufacturer -Daimler Truck AG
Model – OM471LA - Euro VI
Date of Manufacture – March 2024
Engine Serial Number – 471943 C 0937 086

Unit 6 – Øveraasen Serial Number 322011
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96423810767506
Engine Info
Manufacturer -Daimler Truck AG
Model – OM471LA - Euro VI
Date of Manufacture – March 2024
Engine Serial Number – 471943 C 0937 108

Unit 7 – Øveraasen Serial Number 32092
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440810570243
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – January 2022
Engine Serial Number – 470913 C 0698 819

Unit 8 – Øveraasen Serial Number 32190
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400510710222
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – August 2023
Engine Serial Number – 470913 C 0867 958

                                   18

Unit 9 – Øveraasen Serial Number 32191
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400610712030
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – August 2023
Engine Serial Number – 470913 C 0869 746

Unit 10 – Øveraasen Serial Number 32192
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400910712202
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – August 2023
Engine Serial Number – 470913 C 0870 101

Unit 11 – Øveraasen Serial Number 32193
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400210721839
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – September 2023
Engine Serial Number – 470913 C 0882 043

Unit 12 – Øveraasen Serial Number 32194
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400610724114
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – September 2023
Engine Serial Number – 470913 C 0884 375

                                   19

Unit 13 – Øveraasen Serial Number 32195
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400610725876
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – October 2023
Engine Serial Number – 470913 C 0887 729

Unit 14 – Øveraasen Serial Number 32200
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440610733910
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – December 2023
Engine Serial Number – 470913 C0 895 665

Unit 15 – Øveraasen Serial Number 32227
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440410778596
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – June 2024
Engine Serial Number – 470913 C 0953 086

Unit 16 – Øveraasen Serial Number 32228
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440010779474
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – June 2024
Engine Serial Number – 470913 C 0953 939

                                   20

Unit 17 – Øveraasen Serial Number 32229
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440410779882
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – June 2024
Engine Serial Number – 470913 C 0954 559

Unit 18 – Øveraasen Serial Number 32232
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400X10778595
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – May 2024
Engine Serial Number – 470913 C 0953 157

Unit 19 – Øveraasen Serial Number 32140
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810562685
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – November 2021
Engine Serial Number – 470913 C 0688825

Unit 20 – Øveraasen Serial Number 32141
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810560635
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – December 2021
Engine Serial Number – 470913 C 0685 784

                                   21

Unit 21 – Øveraasen Serial Number 32142
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810561766
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – December 2021
Engine Serial Number – 470913 C 0687 780

Unit 22 – Øveraasen Serial Number 32143
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810561983
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – December 2021
Engine Serial Number – 470913 C 0688 343

Unit 23 – Øveraasen Serial Number 32144
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810562319
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – December 2021
Engine Serial Number – 470913 C 0688 554

Unit 24 – Øveraasen Serial Number 32145
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810624319
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – August 2022
Engine Serial Number – 470913 C 0759 718

                                   22

Unit 25 – Øveraasen Serial Number 32146
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810625412
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – August 2022
Engine Serial Number – 470913 C 0760 685

Unit 26 – Øveraasen Serial Number 32147
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96400810623862
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – August 2022
Engine Serial Number – 470913 C 0758 845

Unit 27 – Øveraasen Serial Number 32011
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440410778344
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – May 2024
Engine Serial Number – 470913 C 0952 668

Unit 28 – Øveraasen Serial Number 32014
Truck Chassis Info
Manufacturer – Mercedes Benz
Serial Number – W1T96440410778344
Engine Info
Manufacturer -Daimler Truck AG
Model – OM470LA - Euro VI
Date of Manufacture – January 2020
Engine Serial Number – 470918 C 0546 845

                                   23

The foregoing Consent Agreement in the matter of Eagle Safe Surfaces Colorado Inc. dba
Eagle & Myslik Inc., Docket No. CAA-2026-8726, is Hereby Stipulated, Agreed, and
Approved for Entry.

Signature Date

Printed Name:

Title:

Address:

Respondent’s Federal Tax Identification Number:

                                       24

For Complainant:

Sparsh S. Khandeshi, Acting Director Date
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

                                    25

CERTIFICATE OF SERVICE

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

Eagle Safe Surfaces Colorado Inc. DBA Eagle & Myslik Inc. Docket No. CAA-2026-8726, were
sent to the following persons on April 30, 2026, in the manner indicated:

By E-mail:

Steve McKeown Conner Kingsley
President & CEO of Eagle & Myslik Inc. Office of Civil Enforcement
2869 S. Shoshone Street Office of Enforcement and Compliance
Englewood, CO 80110 Assurance
E-mail: [email protected] U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460
E-mail: [email protected]
Digitally signed by
TOMMIE MADISON
Date: 2026.04.30 15:30:46
-04'00'
Tommie Madison
Clerk of the Board