EPA v. TERRY IVEY AND MARTHA IVEY D/B/A TERRY'S AUTO REPAIR

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A)(3). 2. TERRYIVEY AND MARTHA IVEY D/B/A TERRY'S AUTO REPAIR 4714 GREENWOD ROAD SHREVEPORT, CADDO PARISH, LOUISIANA 71109 3. RESPONDENT WAS IN VIOLATION OF SECTION 609 OF THE CAA BY ENGAGING IN THE SERVIVCE AND/OR REPAIR OF MOTOR VEHICLE AIR CONDITIONERS (MVACS), WHICH INCLUDED RETROFITTING CARS TO USE THE REFRIGERANT R-134A AND MORE THAN JUST TOPPING OFF R-134A REFRIGERANT IN MVACS, WITHOUT THE STATUTORILY REQUIRED RECYCLING EQUIPMENT FOR THE REFRIG- ERANT. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(A) OF THE CAA, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER (ACO) TO THE RESPONDENT. THE ACO ORDERS THE RESPONDENT TO: 1) WITHIN 10 DAYS OF THE EFFECTIVE DATE OF THE ORDER, CEASE ANY OF THE REPAIR AND/OR SERVICE ACTIVITIES INVOLVING ALTERNA- TIVE REFRIGERANTS, AND 2) BY MAY 30, 1998, DEMONSTRATE COMPLIANCE IN ONE OF THE FOLLOWING WAYS: A) PURCHASE AP- PROVED RECYCLING EQUIPMENT, PROVIDING VERIFICATION OFTHE PURCHASE OF THE 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 RESPONDENTS PERFORM ANY OF THE ACTIVITIES INVOLVING R-134A, CERTIFYING WORK WILL BE PERFORMED BY A PROPERLY CERTIFIED TECHNICIAN AND THAT THE EQUIPMENT IS APPROVED FOR R-134A; OR C) PROVIDE EPA A SWORN STATEMENT DETAILING ANY AGREEMENTS BETWEEN RESPONDENTS AND ANOTHER TO BRING AUTOMOBILES TO A FACILITY WITH A MOBILE RECOVERY AND RE- CYCLING UNIT WHENEVER RESPONDENTS PERFORM ANY OF THE AC- TIVITIES INVOLVING R-134A, CERTIFYING WORK WILL BE PER- FORMED BY PROPERLY CERTIFIED TECHNICIAN AND THAT EQUIP- MENT IS APPROVED FOR R-134A; OR D) IF RESPONDENT CHOSES TO NOT PURCHASE THE REQUIRED EQUIPMENT, SUBMIT A SWORN STATEMENT TO EPA THAT THEY WILL NOT ENGAGE IN ANY OF THE REPAIR AND/OR SERVICE ACTIVITIES INVOLVING R-134A.

Defendants (2)

• MARTHA IVEYNamed in complaintNamed in settlement
• TERRY IVEYNamed in complaintNamed in settlement

Facilities (1)

• TERRYS AUTO SERVICE & REPAIR

  4714 GREENWOOD ROAD, SHREVEPORT, LA, 71109

  Registry ID: 110001252420

Statutes cited

• CAA SUBCHP6 — Clean Air Act

Enforcement conclusions (1)

• TERRY IVEY AND MARTHA IVEY D/B/A TERRY'S AUTO REPAentered 1998-04-13

  Primary law: CAA

Timeline (5 milestones)

• 1998-04-13Complaint Filed/Proposed Order
• 1998-04-13Final Order Issued
• 1998-04-17Enforcement Action Data Entered
• 1998-06-01Compliance Achieved
• 1998-07-16Enforcement Action Closed