EPA v. MR. JAMES PIERCE D/B/A J & M AUTO SERVICE

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A)(3). 2. MR. JAMES PIERCE D/B/A J & M AUTO SERVICE 2166 GRAPE STREET ABILENE, TAYLOR COUNTY, TEXAS 79601 3. RESPONDENT WAS IN VIOLATION OF SECTION 609 OF THE CAA BY PERFORMING AN UNSPECIFIED NUMBER OF R-134A RETROFITS ON MOTOR VEHICLES AIR CONDITIONERS (MVACS) AND REPAIRED AND/ OR SERVICED AN UNSPECIFIED NUMBER OF MVACS THAT INVOLVED R-134A WITHOUT THE STATUTORILY REQUIRED REFRIGERANT RE- CYCLING EQUIPMENT AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(A)(3) OF THE CAA, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER (ACO) TO THE RESPONDENT. THE ACO ORDERS THE RESPONDENT TO: 1) WITH IN 10 DAYS OF THE EFFECTIVE DATE OF THIS ACO, RESPONDENT SHALL NOT ENGAGE IN ANY OF THE SERVICE AND/OR REPAIR AC- TIVITIES INVOLVING ALTERNATIVE REFRIGERANTS UNLESS AND UNTIL RESPONDENT COMPLIES WITH ONE OF THE FOLLOWING OP- TIONS, 2) BY MAY 30, 1998, RESPONDENT SHALL DEMONSTRATE ITS COMPLIANCE IN ONE OF THE FOLLOWING WAYS: A) PURCHASE APPROVED RECYCLING EQUIPMENT REQUIRED, PROVIDE A WRITTEN CERTIFICATION THAT IT HAS PURCHASED THE REQUIRED EQUIP- MENT, AND A STATEMENT VERIFYING THAT THE EQUIPMENT HAS BEEN INSTALLED AT RESPONDENT'S FACILITY AND IS FUNCTION- ING PROPERLY; OR B) PROVIDE EPA A SWORN STATEMENT WHICH DETAILS ANY AGREEMENT BETWEEN RESPONDENT AND ANOTHER TO HAVE A MOBILE RECOVERY AND RECYCLING UNIT COME TO ITS FA- CILITY TO UTILIZED WHENEVER RESPONDENT PERFORMS ANY OF THE ACTIVITIES INVOLVING R-134A, CERTIFICATION THAT THE WORK INVOLVING R-134 WILL BE PERFORMED BY A PROPERLY CER- TIFIED TECHNICIAN, AND VERIFICATION THAT THE MOBILE RE- COVERY AND RECYCLING EQUIPMENT IN THE AGREEMENT IS AP- PROVED FOR R-134A; OR C) PROVIDE EPA A SWORN STATEMENT WHICH DETAILS ANY AGREEMENT BETWEEN RESPONDENT AND A- NOTHER TO BRING AUTOMOBILES TO A FACILITY WITH A MOBILE RECOVERY AND RECYCLING UNIT WHENEVER RESPONDENT PERFORMS ANY OF THE ACTIVITIES INVOLVING R-134A, CERTIFICATION THAT THE WORK INVOLVING R-134 WILL BE PERFORMED BY A PRO- PERLY CERTIFIED TECHNICIAN, AND VERIFICATION THAT THE MOBILE RECOVERY AND RECYCLING EQUIPMENT IS APPROVED FOR R-134A; OR D) IF RESPONDENT DOES NOT CHOSE TO PURCHASE THE REQUIRED EQUIPMENT, THEN IT WILL SUBMIT A SWORN STATEMENT THAT IT WILL NOT ENGAGE OMN ANY OF THE REPAIR AND/OR SERVICES ACTIVITIES INVOLVING R-134A.

Defendants (1)

• MR. JAMES PIERCENamed in complaintNamed in settlement

Facilities (1)

• J&M AUTO SERVICE

  2166 GRAPE STREET, ABILENE, TX, 79601

  Registry ID: 110001876293

Statutes cited

• CAA SUBCHP6 — Clean Air Act

Enforcement conclusions (1)

• MR. JAMES PIERCE D/B/A A & M AUTO SERVICEentered 1998-03-17

  Primary law: CAA

Timeline (5 milestones)

• 1998-03-17Complaint Filed/Proposed Order
• 1998-03-17Final Order Issued
• 1998-03-27Enforcement Action Data Entered
• 1998-03-31Compliance Achieved
• 1998-07-17Enforcement Action Closed