EPA v. ANDERSEN SALES & SALVAGE - ACO

Case summary

On November 29, 2022, EPA issued an FOV to Andersen's Sales & Salvage (AS&S). AS&S failed to verify, using a signed statement or contract, that all refrigerant that had not leaked previously had been recovered from the appliance or shipment of appliance, in violation of the regulations for the Protection of Stratospheric Ozone at 40 C.F.R. Part 82, Subpart F. A CAFO will be filed concurrently with this ACO. This Administrative Consent Order (ACO) for AS&S requires AS&S to comply with the following at its Greeley, Colorado scrapyard facility to address the violations set forth in the FOV: 1. AS&S must only accept small appliances, MVACs, or MVAC-like appliances provided AS&S either uses appropriate refrigerant recovery equipment to recover any remaining refrigerant from items with intact refrigerant lines in accordance with 40 C.F.R. ? 82.155(a) or certifies that the refrigerant was properly recovered prior to delivery to AS&S; 2. AS&S must have refrigerant recovered by only a properly trained individual. AS&S must ensure that any employee or contractor recovering refrigerant use, and is properly trained to use, appropriate refrigerant recovery equipment; 3. AS&S must keep a copy of all signed verification statements or contracts obtained as a requirement of 40 C.F.R. ? 82.155(b)(2) for three years; 4. AS&S must notify its suppliers in writing that it will not accept small appliances, MVACs, or MVAC-like appliances with cut or dismantled refrigerant lines, unless the supplier can certify that the refrigerant was properly recovered; 5. AS&S must ensure that its website properly reflects the requirements of 40 C.F.R. ? 82.155; 6. AS&S must document the number of small appliances, MVACs, or MVAC-like appliances it rejects, the date the small appliance, MVAC, or MVAC-like appliance was rejected, and the reason for rejecting the item(s); 7. AS&S must keep a log of every small appliance, MVAC, or MVAC-like appliance accepted at the facility where it was determined that the item?s refrigerant ?leaked out? in accordance with 40 C.F.R. ? 82.155(b)(2)(iii); and 8. AS&S must implement a written refrigerant management plan that incorporates the requirements of the ACO. AS&S must provide training on the refrigerant management plan to all employees and must make the plan available to employees and contractors that play any role in the contracting, purchasing, accepting, handling, or processing of small appliances, MVACs, or MVAC-like appliances.

Defendants (1)

• ANDERSEN SALES & SALVAGENamed in settlement

Facilities (1)

• ANDERSEN SALES AND SALVAGE

  CO 263 AND CR 43, GREELEY, CO, 80631

  Registry ID: 110064728255

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• ANDERSEN SALES & SALVAGE - ACOentered 2024-04-29

  Primary law: CAA

Timeline (2 milestones)

• 2024-04-29Final Order Issued
• 2024-05-21Enforcement Action Data Entered