EPA v. St. Luke's Medical Center

Case summary

Region 5 will be entering into a Consent Agreement and Final Order (CAFO) commencing and concluding an action against Aurora St. Luke’s Medical Center of Aurora Health Care Metro, Inc. (St. Luke’s), under Section 113(d) of the Clean Air Act (the Act), 42 U.S.C. § 7413(d). Specifically, St. Luke’s is subject to requirements at 40 C.F.R. Part 82, Subpart F because the facility owns and operates equipment containing class I and class I substances, as defined by 40 C.F.R. Part 82, Subpart F. The facility owns and operates two SPX ProMax refrigerant recovery devices. EPA requested a copy of the Refrigerant Recovery Device Acquisition Certification Form for each refrigerant recovery device in a Section 114 Information Request dated January 28, 2011. St. Luke’s provided a copy of the completed certification form in a response dated February 28, 2011. The certification form was signed by the owner/responsible party on February 8, 2011. St. Luke’s had not provided a certification form prior to that February 8, 2011 signed form. St. Luke’s was using two uncertified refrigerant recovery devices. Under the CAFO, St. Luke’s agrees to pay a civil penalty of $3,425 to resolve this matter. The civil penalty is based upon consideration of St. Luke’s cooperation in this matter, the facts of the case, prompt return to compliance, and agreement to improve the facility’s refrigerant program. The facility improvements include: an upgrade of the facility’s third party refrigerant management software, creation of cross-reference fields in building maintenance and refrigerant management software to verify complete work documentation, semiannual refresher training for technicians, and the addition of a procedure for follow-up verification tests on refrigerant system repairs at least 24 hours after the repair occurs.

Defendants (1)

• St. Luke's Medical CenterNamed in complaintNamed in settlement

Facilities (1)

• ST. LUKE'S MEDICAL CENTER

  2900 W OKLAHOMA AVE, MILWAUKEE, WI, 532154330

  Registry ID: 110041488636

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• St. Luke's Medical Centerentered 2012-01-31

  Primary law: CAA

  Federal penalty: $3,425

Timeline (3 milestones)

• 2012-01-31Complaint Filed/Proposed Order
• 2012-01-31Final Order Issued
• 2012-02-03Enforcement Action Data Entered