Region 5 will be entering into a Consent Agreement and Final Order (CAFO) commencing and concluding an action against Aurora St. LukeÂs Medical Center of Aurora Health Care Metro, Inc. (St. LukeÂs), under Section 113(d) of the Clean Air Act (the Act), 42 U.S.C. § 7413(d). Specifically, St. LukeÂs is subject to requirements at 40 C.F.R. Part 82, Subpart F because the facility owns and operates equipment containing class I and class I substances, as defined by 40 C.F.R. Part 82, Subpart F. The facility owns and operates two SPX ProMax refrigerant recovery devices. EPA requested a copy of the Refrigerant Recovery Device Acquisition Certification Form for each refrigerant recovery device in a Section 114 Information Request dated January 28, 2011. St. LukeÂs provided a copy of the completed certification form in a response dated February 28, 2011. The certification form was signed by the owner/responsible party on February 8, 2011. St. LukeÂs had not provided a certification form prior to that February 8, 2011 signed form. St. LukeÂs was using two uncertified refrigerant recovery devices.
Under the CAFO, St. LukeÂs agrees to pay a civil penalty of $3,425 to resolve this matter. The civil penalty is based upon consideration of St. LukeÂs cooperation in this matter, the facts of the case, prompt return to compliance, and agreement to improve the facilityÂs refrigerant program. The facility improvements include: an upgrade of the facilityÂs third party refriger