EPA v. THERMOFLUID TECHNOLOGIES, INC (RED TEK) ACO

Case summary

Thermofluid historically sold hydrocarbon refrigerant products called ?Red Tek 12a,? ?Red Tek 22a,? and ?Red Tek 502a.? Thermofluid designed these refrigerants as ?direct replacements? for the Class I ODS CFC-12 (also known as R-12), the Class II ODS HCFC-22 (also known as R-22), and the Class I ODS R-502, which is a blend of R-22 and R-115 (a Class I substance). As required by 40 C.F.R. ? 82.176(a), a notice of intent must be submitted to EPA 90 days prior to introduction of a new substitute into interstate commerce, which allows EPA to review the proposed substitute against environmental, health, safety and other criteria before approving the substitute, approving with use restrictions, or disapproving it. Under 40 C.F.R. ? 82.174(b) it is illegal for a person to use a substitute which a person knows or has reason to know was manufactured, processed, or imported in violation of SNAP program regulations. No notice of intent for ?Red Tek 12a,? ?Red Tek 22a? or ?Red Tek 502a? has been submitted to EPA for the required review, therefore, EPA has not approved ?Red Tek 12a? as a substitute for R-12, ?Red Tek 22a? as a substitute for R-22, nor ?Red Tek 502a? as a substitute for R-502. As such, Thermofluid introduced ?Red Tek 12a,? ?Red Tek 22a? and ?Red Tek 502a? into commerce before the expiration of 90 days after initial submission to EPA of the notice of intent, in violation of the SNAP regulations at 40 C.F.R. ? 82.174(a) and has used ?Red Tek 12a,? ?Red Tek 22a? and ?Red Tek 502a? in violation of the SNAP regulations at 40 C.F.R. ? 82.174(b). This ACO requires Thermofluid to achieve, demonstrate, and maintain compliance with SNAP regulations, notify all past domestic customers of ?Red Tek 12a,? ?Red Tek 22a,? and ?Red Tek 502a? of their status as unacceptable substitutes, create new labels for ?Red Tek 12a,? ?Red Tek 22a,? and ?Red Tek 502a? sold internationally to include the following statement: ?Not for use or sale in the United States? and separate it?s website into two distinct sections, one of domestic sales and one for international sales. These actions address the violations set forth in the Finding of Violation (FOV) issued to Thermofluid on September 22, 2017.

Defendants (1)

• THERMOFLUID TECHNOLOGIES, INCNamed in settlement

Facilities (1)

• THERMOFLUID TECHNOLOGIES, INC (RED TEK)

  3031 TOPSIDE BUSINESS PARK DRIVE, LOUISVILLE, TN, 37777

  Registry ID: 110070071772

Statutes cited

• CAA 612 — Safe Alternatives Policies

Enforcement conclusions (1)

• THERMOFLUID TECHNOLOGIES, INC (RED TEK) ACOentered 2020-02-21

  Primary law: CAA

Timeline (2 milestones)

• 2020-02-21Final Order Issued
• 2020-03-03Enforcement Action Data Entered