EPA v. MILSCO MANUFACTURING COMPANY

Case summary

Milsco Manufacturing Company (Milsco) manufactures seats for construction, marine, commercial, and residential vehicles at 9009 North 51st Street, Milwaukee, Wisconsin. In a letter dated November 16, 2009, pursuant to the U.S. Environmental Protection Agency policy, Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations (the Audit Policy), counsel for Milsco disclosed to EPA that Milsco sold products containing hydrochlorofluorocarbon-141b (HCFC-141b) after January 1, 1994. Per Section 610(d)(1)(B) of the Clean Air Act (the Act), 42 U.S.C. § 7671i(d)(1)(B), and the implementing regulations at 40 C.F.R. Part 82, Subpart C, Ban on Nonessential Products Containing Class I Substances and Ban on Nonessential Products Containing or Manufactured with Class II Substances, effective January 1, 1994, no person shall sell or distribute, or offer for sale or distribution, in interstate commerce and plastic foam product which contains, or is manufactured with, a class II substance. HCFC-141b is a class II substance under Section 602(b) of the Act, 42 U.S.C. § 7671a(b), and 40 C.F.R. Part 82, Subpart A, Appendix B. EPA is issuing the Administrative Penalty Order concurrently with this Consent Agreement and Final Order (CAFO). Based on the November 16, 2009 letter and Milsco's March 1, 2010 response to an information request, EPA determined that Milsco met all of the conditions of the Audit Policy except systematic discovery of violations and thus was eligible for 75 percent reduction of the gravity-based penalty amount. Milsco demonstrated compliance by instructing its manufacturer/supplier to cease immediately the incorporation of HCFC-141b in its products and to substitute HCFC-134a or similar instead. Under this CAFO, Milsco will pay a penalty of $15,000.

Defendants (1)

• MILSCO MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MILSCO MFG CO

  9009 N 51ST ST, MILWAUKEE, WI, 53295

  Registry ID: 110001923839

Statutes cited

• CAA 610 — Non Essential Products Containing Chlorofluorocarbons

Enforcement conclusions (1)

• MILSCO MANUFACTURING COMPANYentered 2011-09-14

  Primary law: CAA

  Federal penalty: $15,000

Timeline (3 milestones)

• 2011-09-14Final Order Issued
• 2011-09-14Complaint Filed/Proposed Order
• 2011-09-15Enforcement Action Data Entered