EPA v. SHAFER ENTERPRISES

Case summary

SHAFER ENTERPRISES MANUFACTURES, SELLS, AND DISTRIBUTES THE KWIK KOOL SYSTEM RACING SHIRT, AMONG OTHER THINGS. THE KWIK KOOL SYSTEM IS A T-SHIRT WITH PLASTIC TUBING SEWN TO THE OUT SIDE IN WHICH A REFRIGERANT (134A) IS SPRAYED INTO THE TUB- ING. THIS COOLS THE WEARER OF THE SHIRT, LIKE A PERSONAL COOLING SYSTEM. IT IS MOSTLY SOLD TO RACE CAR DRIVERS TO KEEP THEM COOL DURING COMPETITION. THIS PRODUCT WAS BROUGHT TO USEPA'S ATTENTION WHEN A CITIZEN SAW A REPRESENTATIVE OF SHAFER DEMONSTRATING THE T-SHIRT AT A TRADE SHOW IN INDIANA- POLIS, INDIANA. THE CITIZEN WAS CONCERNED BECAUSE THE DEMONSTRATOR VENTED THE REFRIGERANT FROM THE SHIRT WHEN HE WAS DONE USING IT. THE CITIZEN REPORTED THIS VENTING OF A SUBSTANCE WITH GLOBAL WARMING POTENTIAL TO THE REGION 5 OFFICE. SHAFER WAS CONTACTED THROUGH THE SECTION 114 AUTHORITY AND ASKED TO PROVIDE USEPA WITH SPECIFIC INFORMA- TION REGARDING THE KWIK KOOL SYSTEM, THE REFRIGERANT USED, HOW MANY UNITS HE HAD SOLD IN THE LAST YEAR, AND ALL OTHER PRODUCTS MANUFACTURED AND SOLD THAT USE REFRIGERANT AS WELL. MR. RICH SHAFER DID NOT WANT TO COMPLY WITH THE 114 REQUEST AND DISCUSSED WITH ME AN ALTERNATIVE TO ANSWERING ALL THE QUESTIONS ASKED OF HIM. AT THAT TIME, I AGREED THAT, AS AN INTERIM SOLUTION, HE COULD SEND US A SAMPLE OF THE PRODUCT, ALL CONSUMER INFORMATION THAT HE SENDS TO CUSTOMERS, INFORMA TION (MSDS) REGARDING THE REFRIGERANT, AND THE REFRIGERANT ITSELF. AFTER RECEIVING THE AFOREMENTIONED ITEMS, WE DETER- MINED THAT 134A WAS NEVER APPROVED BY USEPA TO BE USED FOR THIS PARTICULAR END-USE. WE SENT MR. SHAFER AN ADMINISTRA- TIVE ORDER (AO), ASKING HIM TO CEASE THE MANUFACTURE AND DISTRIBUTION OF THIS PRODUCT UNTIL HE APPLIES WITH THE USEPA FOR THE SPECIFIC END-USE FOR THIS REFRIGERANT, AND THE END- USE IS APPROVED. UPON RECEIVING THE AO, MR. SHAFTER CLAIMED THAT HIS COMPANY IS EXEMPT FROM THIS REPORTING REQUIREMENT BECAUSE IT IS A SMALL-VOLUME SHAFER, WE DID NOW KNOW THE VOLUME OF HIS DISTRIBUTION. WE ASKED MR. SHAFER TO SUBMIT PROOF THE USEPA THAT HE DOES INDEED SELL LESS THAN 10,000 POUNDS PER YEAR. UPON RECEIPT OF SUCH PROOF, THE USEPA WILL WITHDRAW THE AO TO SHAFER. THERE IS STILL AN ISSUE WITH THIS PRODUCT, HOWEVER, OF VENTING. THERE IS NO CAPTIVE DEVICE SOLD WITH THE KWIK KOOL SYSTEM TO RECOVER THE REFRI- GERANT WHEN THE USER IS FINISHED WEARING THE SHIRT.

Defendants (1)

• SHAFER ENTERPRISESNamed in settlement

Facilities (2)

• SHAFER ENTERPRISES

  PO BOX 712, JONESBORO, IN, 46938

  Registry ID: 110010700054

• EVANSVILLE STATE HOSPITAL

  3400 LINCOLN AVE, EVANSVILLE, IN, 47715

  Registry ID: 110001235173

Statutes cited

• CAA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• SHAFER ENTERPRISESentered 2001-06-26

  Primary law: CAA

Timeline (3 milestones)

• 2001-06-26Final Order Issued
• 2001-07-17Enforcement Action Data Entered
• 2001-07-25Enforcement Action Closed