EPA v. JIMMIE WILLOUGHBY D/B/A UNDER CAR SPECIALISTS

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A)(3), AS AMENDED. 2. JIMMIE WILLOUGHBY D/B/A/ UNDER CAR SPECIALISTS 1416 FAIRFIELD AVENUE SHREVEPORT CADDO PARISH, LOUISIANA 71101 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 RETROFITTING CARS TO USE THE REFRIGERANT R-134A AND MORE THAN JUST TOPPING OFF MVACS WITH R-134A, WITHOUT THE STATUTORILY REQUIRED RE- CYCLING EQUIPMENT FOR THAT REFRIGERANT 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 THE ORDER, RESPONDENT SHALL NOT ENGAGE IN ANY OF THE REPAIR AND/OR SERVICE AC- TIVITIES INVOLVING ALTERNATIVE REFRIGERANTS OR 2) BY MAY 30, 1998, RESPONDENT SHALL DEMONSTRATE COMPLIANCE IN ONE OF THE FOLLOWING WAYS: A) PURCHASE APPROVED RECYCLING E- QUIPMENT REQUIRED TO SERVICE AND/OR REPAIR MVACS INVOLV- ING R-134A, VERIFYING PURCHASE OF EQUIPMENT, INSTALLATION AT THE FACILITY, AND THAT EQUIPMENT IS FUNCTIONING PROP- ERLY; 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 PERFORM ANY OF THE AC- TIVITIES 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 C) PRO- VIDE EPA A SWORN STATEMENT WHICH DETAILS ANY AGREEMENT BETWEEN RESPONDENT AND ANOTHER TO BRING AUTOMOBILES TO A FACILITY WITH A MOBILE RECOVERY AND RECYCLING UNIT WHEN- EVER RESPONDENT PERFORM ANY OF THE ACTIVITIES INVOLVING R-134A, CERTIFYING THAT THE WORK INVOLVING R-134A WILL BE PERFORMED BY A PROPERLY CERTIFIED TECHNICIAN AND THE EQUIPMENT IS APPROVED FOR R-134A; OR D) IF RESPONDENT DOES NORT CHOSE TO PURCHASE THE REQUIRED EQUIPMENT, SUB- MIT A SWORN STATEMENT TO EPA THAT IT WILL NOT ENGAGE IN ANY OF THE REPAIR AND/OR SERVICE ACTIVITIES INVOLVING R-134A.

Defendants (1)

• JIMMIE WILLOUGHBYNamed in complaintNamed in settlement

Facilities (1)

• UNDER CAR SPECIALIST

  1416 FAIRFIELD AVENUE, SHREVEPORT, LA, 71101

  Registry ID: 110001252304

Statutes cited

• CAA SUBCHP6 — Clean Air Act

Enforcement conclusions (1)

• JIMMIE WILLOUGHBY D/B/A/ UNDER CAR SPECIALISTSentered 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
• 1998-09-02Compliance Achieved
• 1998-09-02Enforcement Action Closed