EPA v. TERRY ST. PIERRE, D/B/A THE MUFFLER SHOPPE

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A)(3) 2. TERRY ST. PIERRE, D/B/A THE MUFFLER SHOP 1141 SOUTH TREADAWAY ABILENE, TAYLOR COUNTY, TEXAS 79602 3. RESPONDENT WAS IN VIOLATION OF SECTION 609 OF THE CAA BY ENGAGING IN SERVICE AND/OR REPAIR OF MOTOR VEHICLE AIR CONDITIONERS (MVACS) INVOLVING THE REFRIGERANT R-134A, INCLUDING RETROFITTING CARS TO USE R-134A AND INVOLVING MORE THAN JUST TOPPING OFF R-134A REFRIGERANT IN MVACS, WITHOUT THE STATUTORILY REQUIRED RECYCLING EQUIPMENT FOR R-134A. 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 THE ACO, RESPONDENT SHALL NOT ENGAGE IN ANY OF THE REPAIR AND/OR SERVICE AC- TIVITIES INVOLVING R-134A, AND 2) BY MAY 30, 1998, RE- SPONDENT SHALL DEMONSTRATE COMPLIANCE IN ONE OF THE FOL- LOWING WAYS: A) PURCHASE APPROVED RECYCLING EQUIPMENT TO SERVICE AND/OR REPAIR MVACS INVOLVING R-134A, VERIFYING PURCHASE OF EQUIPMENT, INSTALLATION AT THE FACILITY AND THAT IT IS FUNCTIONING PROPERLY; OR B) PROVIDE EPA A SWORN STATEMENT WHICH DETAILS ANY AGREEMENT BETWEEN RE- SPONDENT AND ANOTHER TO HAVE A MOBILE RECOVERY AND RECYC- LING UNIT COME TO ITS FACILITY TO BE UTILIZED WHENEVER RESPONDENT PERFORMS ANY OF THE ACTIVITIES INVOLVING R- 134A, CERTIFYING THAT THE WORK TO BE PERFORMED WILL BE DONE BY A PROPERLY CERTIFIED TECHNICIAN AND THAT THE E- QUIPMENT IS APRROVED FOR 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, CERTIFYING THAT THE WORK TO BE PERFORMED WILL BE DONE BY A PROPERLY CERTIFIED TECHNICIAN AND THAT THE EQUIPMENT IS APPROVED FOR R-134A; OR D) IF RESPONDENT DOES NOT CHOSE TO PURCHASE THE REQUIRED EQUIPMENT, SUBMIT A SWORN STATE- MENT TO EPA THAT IT WILL NOT ENGAGE IN ANY OF THE REPAIR AND/OR SERVICE ACTIVITIES INVOLVING R-134A.

Defendants (1)

• TERRY ST. PIERRENamed in complaintNamed in settlement

Facilities (2)

• MUFFLER SHOPPE

  1141 S TREADAWAY BLVD, ABILENE, TX, 796023938

  Registry ID: 110010734615

• MUFFLER SHOPPE

  1141 S TREADAWAY BLVD, ABILENE, TX, 796023938

  Registry ID: 110010734615

Statutes cited

• CAA SUBCHP6 — Clean Air Act

Enforcement conclusions (1)

• TERRY ST. PIERRE, D/B/A/ THE MUFFLER SHOPPEentered 1998-04-16

  Primary law: CAA

Timeline (5 milestones)

• 1998-04-16Complaint Filed/Proposed Order
• 1998-04-16Final Order Issued
• 1998-04-17Enforcement Action Data Entered
• 1998-05-26Compliance Achieved
• 1998-07-17Enforcement Action Closed