EPA v. ENVIRO-SAFE REFRIGERANTS, INC

Case summary

U.S. EPA Region 5 and DOJ settled with Enviro-Safe Refrigerants, Inc. (Enviro-Safe) to resolve violations of the Clean Air Act (CAA) and portions of the Significant New Alternatives Policy (SNAP) Program. The two-count complaint, filed simultaneously with the settlement on May 14, 2015, in the Central District of Illinois; stated that Enviro-Safe marketed ES 22a as a direct, drop-in replacement for ozone depleting substance (ODS) HCFC-22 (R-22); and ES 502a as a direct, drop-in replacement for CFC-502 (R-502). Specifically, Enviro-Safe introduced ES 22a and ES 502a into interstate commerce before the expiration of 90 days after a notice of intent had been initially submitted to EPA; and Enviro-Safe?s ES 22a and ES 502a, flammable hydrocarbon refrigerants, were marketed for use mainly in home air conditioning units and in systems specifically designed for nonflammable refrigerants, creating the potential for explosion and fire, in violation of 40 C.F.R. Part 82, Subpart G. EPA issued a Finding of Violation to Enviro-Safe on April 29, 2013 (reissued on June 11, 2013). The Consent Decree (CD), finalized on July 24, 2015, requires Enviro-Safe to pay a penalty of $300,000. Additionally, the CD requires Enviro-Safe to cease manufacturing, marketing, advertising and sales of any refrigerant sold as a replacement for an ODS; shall not name any product using a variation of ODS refrigerant nomenclature; strike all references to ODS on its marketing, advertising and technical material; identify all use restrictions on labels for all refrigerants it sells which are SNAP-approved; notify all past customers of ES 12a, ES 22a and ES 502a of the potential safety hazards associated with using the refrigerants; and shall segregate the Enviro-Safe website into international and domestic sales for all hydrocarbon-based refrigerants.

Defendants (1)

• ENVIRO-SAFE REFRIGERANTS, INCNamed in complaintNamed in settlement

Facilities (1)

• ENVIRO-SAFE REFRIGERANTS, INC

  400 MARGARET STREET, PEKIN, IL, 61554

  Registry ID: 110046467649

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• ENVIRO-SAFE REFRIGERANTS, INCentered 2015-07-20

  Primary law: CAA

  Federal penalty: $300,000

Timeline (8 milestones)

• 2013-09-19Referred To Dept Of Justice
• 2013-09-22Enforcement Action Data Entered
• 2015-05-14Final Order Lodged
• 2015-05-14Complaint Filed With Court
• 2015-07-20Final Order Entered
• 2017-12-04Demand for Stipulated Penalties
• 2018-07-20Enforcement Action Closed
• 2018-07-20Air Resolved