EPA v. THALMES RACINE, D/B/A RACINE AUTO REPAIR

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A)(3). 2. THALMAS RACINE, D/B/A/ RACINE AUTO REPAIR 617 PINE STREET ALEXANDRIA, RAPIDES PARISH, LOUISIANA 71301 3. RESPONDENT WAS IN VIOLATION OF 609 OF THE CAA BY PERFORM- ING SERVICE AND/OR REPAIR OF MOTOR VEHICLE AIR CONDITION- ERS (MVACS), INCLUDING RETROFITTING CARS TO USE R-134A REFRIGERANT, AND INVOLVING MORE THAN JUST TOPPING OFF R-134A REFRIGERANT IN MVACS, WITHOUT THE REQUIRED R-134A RECYCLING EQUIPMENT AT ITS FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(A)(3), EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RESPONDENT TO: 1) WITHIN 10 DAYS OF THE EFFECTIVE DATE OF THE ACO, RESPONDENT SHALL NOT EN- GAGE IN ANY REPAIR AND/OR SERVICE ACTIVITIES INVOLVING ALTERNATIVE REFRIGERANTS UNTIL RESPONDENT COMPLIES WITH ONE OF THE FOLLOWING OPTIONS; 2) BY MAY 30, 1998, RESPON- DENT SHALL DEMONSTRATE ITS COMPLIANCE IN ONE OF THE FOL- LOWING WAYS: A) RESPONDENT SHALL PURCHASE APPROVED RE- CYCLING EQUIPMENT, PROVIDE EPA WITH WRITTEN VERIFICATION THAT THE REQUIPMENT HAS BEEN PURCHASED, AND A STATEMENT VERIFYING THAT EQUIPMENT HAS BEEN INSTALLED AT FACILITY AND IS FUNCTIONING 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 FACILITY TO BE UTILIZED WHENEVER RESPONDENT PERFORMS ANY OF THE ACTIVITIES INVOLVING R-134A, CERTIFI- CATION THAT THE WORK INVOLVING R-134 WILL BE PERFORMED BY A PROPERLY CERTIFIED TECHNICIAN, AND VERIFICATION THE E- QUIPMENT IS APPROVED FIR R-134A; OR C) PROVIDE EPA A SWORN STATEMENT WHICH DETAILS ANY AGREEMENT BETWEEN RE- SPONDENT AND ANOTHER TO BRING AUTOMOBILES TO A FACILITY WITH A MOBILE RECOVERY AND RECYCLING UNIT WHENEVER RE- SPONDENT PERFORMS ANY OF THE ACTIVITIES INVOLVING R-134A, CERTIFICATION THAT THE WOTK INVOLVING R-134A WILL BE PER- FORMED BY A PROPERLY CERTIFIED TECNICIAN, AND VERIFICA- TION THAT THE EQUIPMENT IS APPROVED; OR D) IF RESPONDENT DOES NOT CHOSE TO PURCHASE THE REQUIRED EQUIPMENT, THEN IT WILL SUBMIT A SWORN STATEMENT TO EPA THAT IT WILL NOT ENGAGE IN ANY OF THE REPAIR AND/OR SERVICE ACTIVITIES IN- VOLVING R-134A.

Defendants (1)

• THALMES RACINENamed in complaintNamed in settlement

Facilities (1)

• RACINES AUTO RPR

  617 PINE ST, ALEXANDRIA, LA, 71301

  Registry ID: 110003301944

Statutes cited

• CAA SUBCHP6 — Clean Air Act

Enforcement conclusions (1)

• THALMES RACINE, D/B/A/ RACINE AUTO REPAIRentered 1998-03-17

  Primary law: CAA

Timeline (5 milestones)

• 1998-03-17Complaint Filed/Proposed Order
• 1998-03-17Final Order Issued
• 1998-04-02Enforcement Action Data Entered
• 1998-04-06Compliance Achieved
• 1998-07-16Enforcement Action Closed