RESPONDENT, THE STATE OF DELAWARE DEPARTMENT OF CORRECTION, OWNED AND OPERATES A CORRECTIONAL INSTITUTION LOCATED IN SMYRNA, DELAWARE (THE FACILITY ). FOR A NUMBER OF YEARS, RESPONDENT HAS ENGAGED IN THE MAINTENANCE, SERVICING OR REPAIR OF APPLIANCES, INCLUDING REFRIGERATION EQUIPMENT, AT THE FACILITY AND IS SUBJECT TO THE STRATOSPHERIC OZONE PROTECTION REQUIREMENTS OF SECTION 608(A) OF THE CAA, 42 U.S.C. SECTION 7671G(A), AND THE NATIONAL RECYCLING AND EMISSIONS REDUCTION RULE, PROMULGATED THEREUNDER, AND CODIFIED AT 40 C.F.R. PART 82, SUBPART F (THE REGULATIONS ) DURING A MULTI-MEDIA INSPECTION ON JULY 26TH & 27TH, 2001, EPA INSPECTORS EXAMINED TWO REFRIGERANT RECOVERY SYSTEMS IN THE FACILITY'S MAINTENANCE SHOP. THE TWO UNITS WERE: MODEL NRPFFIUL SERIOAL NUMBER 12229901 AND MODEL NRPGS2 SERIOAL NUMBER R98H3333. A SUBSEQUENT REVIEW OF EPA REGION III'S REFRIGERANT RECOVERY DATA BASE AT SEPTEMBER 27TH, 2001 DETERMINED THAT THE ABOVE UNITS WERE NOT REGISTERED WITH EPA