2/24/06 - COMPLIANCE ORDER ISSUED.
PURSUANT TO 40 CFR 82.156(f), PERSONS WHO TAKE THE FINAL STEP IN THE DISPOSAL PROCESS (INCLUDING BUT NOT LIMITED TO SCRAP RECYCLERS AND LANDFILL OPERATORS) OF A SMALL APPLIANCE, ROOM AIR CONDITIONING, MOTOR VEHICLE AIR CONDITIONING (MVAC), OR MVAC-LIKE APPLIANCES MUST EITHER RECOVER ANY REMAINING REFRIGERANT FROM THE APPLIANCE OR VERIFY THAT THE REFRIGERANT HAS BEEN EVACUATED FROM THE APPLIANCE OR SHIPMENT OF APPLIANCES BEFORE RECEIPT.
UNDER SECTION 114(a) OF THE ACT, THE ADMINISTRATOR OF EPA IS AUTHORIZED TO REQUIRE ANY PERSON WHO OWNS OR OPERATES ANY EMISSION SOURCE, OR WHO IS SUBJECT TO ANY REQUIREMENT OF THE ACT, TO ESTABLISH AND MAINTAIN SUCH RECORDS, MAKE SUCH REPORTS, AND PROVIDE SUCH OTHER INFORMATION AS HE MAY REASONABLY REEQUIRE, FOR THE PURPOSES OF DETERMINING WHETHER SUCH PERSON IS IN VIOLATION OF ANY PROVISION OF THE ACT. THIS AUTHORITY HAS BEEN DELEGATED BY THE ADMINISTRATOR TO THE REGIONAL ADMINISTRATOR OF EPA REGION 4, WHO IS TURN DELEGATED IT TO THE COMPLAINANT.
ON AUGUST 9, 2005, THE COMPLAINANT ISSUED AN INFORMATION REQUEST PURSUANT TO SECTION 114(a) OF THE ACT, REQUIRING THE SUBMISSION OF CERTAIN INFORMATION FOR PURPOSES OF DETERMINING WHETHER THE RESPONDENT WAS IN VIOLATION OF THE REQUIREMENT OF 40 CFR PART 82.
ACCORDING TO EPA CERTIFIED MAIL RETURN RECEIPT RECORDS, THE SECTION 114(a) REQUEST LETTER WAS RECEIVED BY RESPONDENT ON AUGUST 12, 2005.
ACCORDING TO EPA RECORDS, AS OF JANUARY 13, 2006, RESPOND