EPA v. MCCALL'S INCORPORATED OF JOHNSONVILLE

Case summary

3/26/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000 DUE WITHIN 30 DAYS. ALLEGATIONS: PURSUANT TO CAA 607(c) AND 40 CFR 82.23, A PERSON (TRANSFEROR) MAY TRANSFER TO ANY OTHER PERSON (TRANSFEREE) ANY QUANTITY OF THE TRANSFEROR'S CLASS II CONSUMPTION ALLOWANCES, PRODUCTION ALLOWANCES, EXPORT PRODUCTION ALLOWANCES, OR ARTICLE 5 ALLOWANCES FOR THE SAME TYPE OF ALLOWANCE. ON AUG 2, 2008, RESPONDENT IMPORTED 11,400 CYLINDERS OF HCFC-22 INTO THE PORT OF CHARLESTON, SC. ON OR ABOUT AUG 24, 2008, U.S. CUSTOMS AND BORDER PROTECTION (CBP) DETAINED THE SHIPMENT OF HCFC-22 TO DETERMINE ADMISSIBILITY IN TO THE U.S.. ON OCT 20, 2008, CBP SEIZED THE SHIPMENT AFTER RECEIVING CONFIRMATION FROM EPA ON SEPT 23, 2008 THAT AT THE TIME, RESPONDENT DID NOT HOLD ANY ALLOWANCES FOR THE SHIPMENT OF HCFC-22. ON NOV 7, 2008, RESPONDENT SUBMITTED A PETITION TO THE CBP FOR THE RELEASE OF THE SHIPMENT. BASED ON CBP'S REVIEW OF THE INFO, THE DECISION WAS MADE TO RELEASE THE SHIPMENT CONTINGENT UPON RESPONDENT'S AGREEMENT TO PAY A FINE AND EXPORT THE SHIPMENT TO A NON-CONTIGUOUS COUNTRY UNDER CBP SUPERVISION. ON FEB 17, 2008, PURSUANT TO 40 CFR 82.23, RESPONDENT OBTAINED APPROVAL FROM EPA TO OBTAINA TRANSFER OF CLASS CONSUMPTION ALLOWANCES. ON FEB 19, 2009, EPA ISSUED AN INFO REQUEST LETTER TO RESPODNENT, PURSUANT TO CAA 114(a). RESPONDENT SUBMITTED A RESPONSE TO EPA'S INFO REQUEST ON MARCH 3, 2009. AT THE TIME THE RESPONDENT IMPORTED THE SHIPMENT OF HCFC-22, RESPONDENT WAS NOT LISTED IN THE TABLE IN 40 CFR 82.19 AS A COMPANY WHO WAS APPORTIONED BASELINE CONSUMPTION ALLOWANCES FOR HCFC-22. AT THE TIME OF THE IMPORTATION OF THE SHIPMENT OF HCFC-22 ON AUG 28, 2008, RESPONDENT HAD NOT RECEIVED TRANSFER CONSUMPTION ALLOWANCES AS REQUIRED BY 40 CFR 82.23(a). RESPONDENT VIOLATED 40 CFR 82.15(b)(1) BY IMPORTING 155,050 KG OF HCFC022 WITHOUT ANY CONSUMPTION ALLOWANCES OR TRANSFER ALLOWANCES.

Defendants (1)

• MCCALL'S, INCORPORATED OF JOHNSONVILLENamed in complaintNamed in settlement

Facilities (1)

• MCCALL'S, INC., OF JOHNSONVILLE

  294 LAKE CITY HIGHWAY, JOHNSONVILLE, SC, 29555

  Registry ID: 110045465536

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program
• CAA 610 — Non Essential Products Containing Chlorofluorocarbons

Enforcement conclusions (1)

• MCCALL'S INCORPORATED OF JOHNSONVILLEentered 2012-03-26

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2012-03-26Complaint Filed/Proposed Order
• 2012-03-26Final Order Issued
• 2012-04-02Enforcement Action Data Entered
• 2012-04-04Enforcement Action Closed