EPA v. NORTHCUTT, INC

Case summary

US EPA and Department of Justice reached a settlement with Northcutt, Inc., of Wichita, Kansas, resolving alleged violations of the Significant New Alternatives Policy (SNAP) Program and Title VI of the Clean Air Act. Northcutt's operations are subject to the SNAP Program, codified at 40 C.F.R. Part 82, Subpart G (SNAP Regulations), because Northcutt has marketed, sold and distributed hydrocarbon-based refrigerants as replacements for ozone depleting substances (ODS). One of these SNAP regulations, 40 C.F.R. Part 82.176(a), prohibits the introduction into interstate commerce of any ODS substitute until a notice of intent has been submitted to EPA and 90 days have elapsed. This 90-day period enables EPA to determine, among other things, whether the ODS substitute may cause adverse effects to human health, safety, and the environment. EPA issued a Section 114 Information Request to the company on April 28, 2014. Review of responsive information indicated that the ODS substitutes being sold by Northcutt were flammable hydrocarbon refrigerants and were being marketed as direct replacements for ODS such as the refrigerant HCFC-22, which is non-flammable and commonly used in residential air conditioning and industrial process refrigeration. If used by customers as direct replacements for non-flammable refrigerants in equipment not designed and approved for such use, fires and explosions may occur. On June 26, 2014, EPA issued a Finding of Violation to Northcutt, alleging violations of the CAA and the SNAP Regulations. The alleged violations include introducing three hydrocarbon-based refrigerants into interstate commerce before the expiration of the 90-day notification period. Under the proposed Consent Decree, Northcutt will be required to: ? Cease manufacturing, marketing, advertising, and selling any refrigerant as a replacement for an ODS, unless in compliance with the SNAP Program regulations; ? Notify all known past purchasers of Northcutt refrigerants of the potential safety hazards associated with the use of hydrocarbon refrigerants in equipment not specifically designed to accommodate them; and ? Pay a civil penalty of $100,000.

Defendants (1)

• NORTHCUTT, INCNamed in complaintNamed in settlement

Facilities (2)

• NORTHCUTT INC

  5055 N BROADWAY, WICHITA, KS, 67219

  Registry ID: 110003153408

• NORTHCUTT INC

  5055 N BROADWAY, WICHITA, KS, 67219

  Registry ID: 110003153408

Statutes cited

• CAA 612 — Safe Alternatives Policies

Enforcement conclusions (1)

• NORTHCUTT, INCentered 2016-02-10

  Primary law: CAA

  Federal penalty: $100,000

Timeline (7 milestones)

• 2014-09-22Referred To Dept Of Justice
• 2014-09-26Enforcement Action Data Entered
• 2015-12-18Complaint Filed With Court
• 2015-12-18Final Order Lodged
• 2016-02-10Final Order Entered
• 2016-09-22Air Resolved
• 2021-10-01Enforcement Action Closed