An owner of a vehicle covered by voided certificates is not responsible for wrongdoing and can continue to use it.
The United States, on behalf of the U.S. Environmental Protection Agency (EPA), today filed a civil complaint against MotorScience, Inc. and the owner of the company for allegedly causing the importation of more than 24,000 uncertified vehicles from China that do not comply with the Clean Air Act’s requirements.
In a statement, EPA said that engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone, or smog.
In June of 2010 EPA withdrew its approval of the import and sale of 200,000 gas-powered off-road motorcycles and all-terrain vehicles from China. Today’s legal action grows out of that investigation. That was the first time EPA voided certificates of conformity for off-road or all-terrain vehicles. Moreover, it is only the second time the agency had done so for any type of vehicle.
The complaint alleges that MotorScience, an engine certification services consulting firm located in California, used false or incomplete information to obtain Clean Air Act certificates of conformity for its Chinese clients. The complaint says that vehicles imported under these voided certificates violate the Clean Air Act. The complaint further alleges that MotorScience caused its clients to fail to create and maintain records, which its clients were required to keep under the Clean Air Act.
The Clean Air Act prohibits any vehicle or engine from being imported and sold in the United States unless it is covered by an EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable emission standards. The certificate of conformity is the primary way EPA ensures that imported vehicles and engines meet emission standards.
The complaint seeks civil penalties and actions by the company to remedy the violations and mitigate any excess pollutant emissions caused by the violations. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and equipment comply with the Clean Air Act’s requirements.
EPA issued certificates in 2006 and 2007 to the U.S. counterparts of four of China’s largest manufacturers including Hensim USA (City of Industry, Calif.), Loncin USA (Hayward, Calif.), Peace Industry Group (Norcross, Ga.), and Seaseng (Pomona, Calif.). The certificates were issued based on applications compiled by their consultant, MotorScience Enterprise.
A person who owns a model that was covered by these voided certificates is not responsible for the wrongdoing and can continue to use the vehicle, EPA said.
