EPA v. WAL-MART STORES, INC.

Case summary

9/30/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $199,000, DUE WITHIN 30 DAYS. ALLEGATIONS: AN EPA INVESTIGATION OF A VARIETY OF PARTY STRING PRODUCTS BEING SOLD IN THE U.S. BY VARIOUS RETAILERS REVEALED THAT SOME OF THESE AEROSOL PRODUCTS AND PRESSURIZED DISPENSERS CONTAINED CLASS I AND/OR CLASS II SUBSTANCES AS A PROPELLANT. IN NOV 2005 AND JAN 2006, EPA INVESTIGATORS PURCHASED TWO CANS OF THE PARTY STRING PRODUCT GLOW-IN-THE-DARK LOONEY STRING FROM RESPONDENT'S WAL-MART STORE IN HANOVER, MARYLAND, AND HAD THE CONTENTS ANALYZED BY AN EPA LAB USING INFRARED ABSORPTION (IR) AND GAS CHROMATOGRAPH-MASS SPECTROMETRY (GC/MS). ANALYTICAL RESULTS SHOWED THAT BOTH CANS OF THE LOONEY STRONG CONTAINED R22, A BANNED CLASS II SUBSTANCE, AS PART OF THE PROPELLANT. EPA'S R4 AIR ENFORCEMENT DIVISION WAS ASSIGNED TO FURTHER INVESTIGATE RESPONDENT'S PURCHASE AND SALE OF PARTY STRING PRODUCTS THAT MAY HAVE CONTAINED BANNED ODS. ON JAN 30, 2007, EPA SENT A REQUEST FOR INFO TO RESPONDENT REQUESTING INFO AND DOCUMENTATION RELATED OT THE SALE AND DISTRIBUTION OF ANY PART STRONG PRODUCTION THAT CONTAINED ODS FROM ALL WAL-MART STORES LOCATED IN THE U.S. IN ITS RESPONSE, RESPONDENT INDICATED THAT BETWEEN APPROX AUGUST 5, 2005 AND JANUARY 6, 2007, IT PURCHASED APPROX 474,874 CANS OF HALLOWEEN GLOW STRING, INCLUDING CANS OF GLOW-IN-THE-DARK LOONEY STRING FROM A SUPPLIER IN TAIWAN AND SOLD THE CAN AT VARIOUS STORES IN THE U.S. RESPONDENT FURTHER ASSERTED THAT THE PRODUCT WAS MANUFACTURED IN TAIWAN AND SUPPLIED TO WAL-MART AND IF IT DID CONTAIN ODS, IT WOULD HAVE BEEN IN VIOLATION OF THE TERMS AND CONDITIONS OF THE WAL-MART CONTRACT PROHIBITING THE USE OF UNLAWFUL SUBSTANCES IN PRODUCTS SUPPLIED TO IT. RESPONDENT'S DISTRIBUTION AND SALE OF THE PARTY STRING PRODUCT CONTAINING A BANNED ODS WAS IN VIOLATION OF CAA SEC 610 AND THE REGULATIONS FOUND AT 40 CFR PART 82. EPA ACKNOWLEDGES THAT UPON BEING NOTIFIED BY EPA ABOUT THE VIOLATION, RESPONDENT TOOK ACTION TO INVESTIGATE THE CAUSES OF THE VIOLATION, TO COME INTO COMPLIANCE, AND TO ENSURE THAT THE VIOLATION DOES NOT RECUR. ADDITIONALLY, EPA ACKNOWLEDGES THAT RESPONDENT HAS FULLY COOPERATED WITH EPA DURING THE INVESTIGATION AND HAS NEGOTIATED THIS CAFO IN GOOD FAITH.

Defendants (1)

• WAL-MART STORES, INC.Named in complaintNamed in settlement

Facilities (1)

• WALMART CORP INC

  702 W 8TH & HWY 71, BENTONVILLE, AR, 72716

  Registry ID: 110010653541

Statutes cited

• CAA 610 — Non Essential Products Containing Chlorofluorocarbons

Enforcement conclusions (1)

• WAL-MART STORES, INC.entered 2008-09-30

  Primary law: CAA

  Federal penalty: $199,000

Timeline (4 milestones)

• 2008-09-30Complaint Filed/Proposed Order
• 2008-09-30Enforcement Action Data Entered
• 2008-09-30Final Order Issued
• 2008-10-27Enforcement Action Closed