EPA v. RUBBERMAID INC & IGNITE USA LLC / NEWELL RUBBERMAID APO/CAFO

Case summary

The Labeling Requirements, found at 40 C.F.R. Part 82 Subpart E, require containers or products containing a class I or class II ozone-depleting substance to bear the following warning statement and meet requirements for the statement's placement and form: WARNING: Contains [or Manufactured with, if applicable] [insert name of substance], a substance which harms public health and environment by destroying ozone in the upper atmosphere. Rubbermaid Incorporated and Ignite USA, LLC are consumer goods companies that operate under a common parent and import and sell, among other products, insulated beverage containers such as travel mugs. In an e-mail to EPA Acting Deputy Administrator Stan Meiburg on April 21, 2015, and in letters dated April 28, 2015, and May 14, 2015, Respondents disclosed to EPA that travel mugs they had imported to the U.S. between January 1, 2015 and about April 15, 2015, contained the class II foam-blowing agent HCFC-141b and did not bear the warning statement as required by 40 C.F.R. ? 82.106 (a). To resolve the violations, this CAFO requires Respondents to pay a penalty of $106,157 and, pursuant to meeting the requirements for consideration under the Audit Policy and recognizing the infeasibility of recovering the HCFC-141b from the imported travel mugs, perform a Remediation Action providing for the retrofitting of at least 447 outdoor light fixtures at two of its facilities, from high-intensity discharge (HID) bulbs to light-emitting diode (LED) bulbs. Respondents have also made supply chain changes to eliminate the use of HCFC-141b in its travel mugs and to avoid future violations.

Defendants (1)

• RUBBERMAID INC & IGNITE USA LLCNamed in complaintNamed in settlement

Facilities (1)

• RUBBERMAID INC & IGNITE USA LLC / NEWELL RUBBERMAID

  3 GLENLAKE PKWY NE, ATLANTA, GA, 30328

  Registry ID: 110070106799

Statutes cited

• CAA 611 — CFC Labeling
• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• RUBBERMAID INC & IGNITE USA LLC / NEWELL RUBBERMAID APO/CAFOentered 2017-09-22

  Primary law: CAA

  Federal penalty: $106,157

Timeline (3 milestones)

• 2017-09-22Final Order Issued
• 2017-09-22Complaint Filed/Proposed Order
• 2017-10-02Enforcement Action Data Entered