Findings of Facts. An arbitrator’s decision shall set forth the findings as to each of the charges and the reasons therefore. The arbitrator may sustain, modify or rescind an appealed disciplinary action as follows and subject to the following restrictions:
Findings of Facts. 11. Respondent operates a “stationary source” as that term is defined by Section 112(r)(2)(C) of the Act, 42 U.S.C. § 7412(r)(2)(C). The Respondent’s stationary source is located at 000 Xxxxx Xxxxxxxx Drive, Demopolis, Alabama 36732 (stationary source).
12. Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the stationary source.
13. On August 13, 2018, the EPA issued to Respondent a Notice of Potential Violation (NOPV), providing notice that the EPA found that Respondent had potentially committed the alleged violations described in Section V of this Agreement and providing Respondent an opportunity to confer with the EPA. On October 16, 2018 representatives of Respondent and the EPA discussed the August 13, 2018, NOPV.
14. For purposes of this Agreement:
a. Respondent operates an ammonia refrigeration system which uses anhydrous ammonia (ammonia). Ammonia is a regulated, extremely hazardous substance, under Section 112(r)(3) of the CAA and is listed at 40 C.F.R. § 68.130;
b. Respondent uses 30,345 pounds of ammonia in its process;
c. Respondent has one RMProgram level 3 covered process, which stores or otherwise uses an extremely hazardous substance in an amount exceeding its applicable threshold of 10,000 pounds;
d. On December 21, 2017, the EPA conducted an onsite inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements and the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its ammonia refrigeration process at its stationary source;
e. During a walk-through of the Facility, the EPA inspectors made the following observations:
1) Yellow natural gas piping on the roof was not properly labeled to identify its contents. The American National Standards Institute/American Society of Mechanical Engineers (ANSI/ASME) A13.1-2007 indicates, “Positive identification of the contents of a piping system shall be by lettered legend, giving the name of the contents in full or abbreviated
Findings of Facts. Respondent has 10 or more full-time employees, as defined at 40 C.F.R. § 372.3 at its Facility.
Findings of Facts. 11. Respondent is the owner and/or operator of the Facility, which is a “stationary source” as that term is defined by Section 112(r)(2)(C) of the Act, 42 U.S.C. § 7412(r)(2)(C).
12. Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility.
13. On July 5, 2019, the EPA issued to Respondent a Notice of Potential Violation and Opportunity to Show Cause (“NOPV”), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Agreement and providing Respondent an opportunity to confer with the EPA. On October 3, 2019, representatives of the Respondent and the EPA held a meeting to discuss the NOPV.
Findings of Facts. 11. Respondent is the owner and/or operator of the Facility, which is a “stationary source” as that term is defined by Section 112(r)(2)(C) of the Act, 42 U.S.C. § 7412(r)(2)(C).
12. Respondent has registered an RMPlan with the EPA for the Facility and has developed an RMProgram accidental release prevention program for the Facility.
13. On February 26, 2019, the EPA issued to Respondent a Notice of Potential Violation (“NOPV”), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Agreement and providing Respondent an opportunity to confer with the EPA. On May 21, 2019, representatives of Respondent and the EPA held a meeting to discuss the NOPV.
Findings of Facts. 16. Respondent is and at all times was a “firm” that performs “renovations” for compensation as those terms are defined by 40 C.F.R. § 745.83.
17. On August 27, 2019, an EPA inspector conducted an EPA Lead Inspection at Respondent’s business, located at 000 X. Xxxxxxxx Road, Rock Hill, South Carolina 29730 for the purpose of evaluating the Respondent’s compliance with the requirements of 40 C.F.R. Part 745, Subpart X.
18. Subsequent to the inspection, on May 21, 2020, the Respondent submitted records to the EPA for review to determine its compliance with 40 C.F.R. Part 745, Subpart E. The records show that on or about February 13, 2020, the Respondent had offered to perform and performed renovation work on a property at 000 Xxxxxx Xxxxxx, Xxxxxxx, Xxxxx Xxxxxxxx 00000 (Property). The Property was built in 1941 and is target housing. At the time of the EPA inspection on August 27, 2019, and subsequent to the EPA inspection, the Respondent was unable to provide the EPA with records demonstrating that Respondent provided the owner of the Property with an EPA- approved pamphlet no more than 60 days before renovation activities.
19. At the time of the August 27, 2019, EPA inspection, and subsequent to the EPA inspection, the Respondent had not applied to the EPA for firm certification to perform renovations on target housing.
Findings of Facts. 16. Respondent is, and was at all times relevant to this CAFO, a “firm” that performs “renovations” for compensation as those terms are defined at 40 C.F.R. § 745.83.
17. On March 5, 2024, pursuant to its authority under Section 11 of TSCA, 15 U.S.C. § 2610, an EPA inspector conducted an inspection at Respondent’s jobsite located at 0000 Xxxx Xxxx, Xxxxxxxxx, Xxxxxxx 00000. At the time of the inspection, the EPA requested Respondent to provide its records pertaining to compliance with 40 C.F.R. Part 745, Subpart X. Respondent was unable to provide its records at that time and advised the inspector that the records would be submitted to the EPA later.
18. On March 21, 2024, Respondent submitted records to the EPA for review for renovations conducted at the following locations (hereinafter, “the Properties”):
a. 0000 Xxxxx Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxx, Xxxxxxx 00000, in January of 2023;
Findings of Facts. 17. At all times relevant to this CAFO, Respondent performed services involving the removal of emissions-related devices or elements of design for various distributors and customers throughout the United States.
18. On April 29, 2021, EPA sent an information request (Request) pursuant to Section 208(a) of the Act, 42 U.S.C. § 7542(a), to Respondent regarding services Respondent performed involving the removal of emissions-related devices or elements of design on or in motor vehicles required to be installed in compliance with the Act.
19. On July 7, 2021, Respondent submitted a response to the Request by providing service invoices and documentation related to services involving the removal of emissions-related devices or elements of design on or in motor vehicles.
20. Based on Respondent’s July 7, 2021, response to the Request and additional information gathered during the EPA’s investigation, the EPA alleges that Respondent removed or tampered with the emissions-related devices or elements of design, such as exhaust gas recirculation, diesel oxidation catalysts, diesel particulate filters, selective catalytic reduction, and on-board diagnostic systems, identified in Appendix A, incorporated into this CAFO by reference.
21. On September 13, 2023, EPA sent a Notice of Potential Violation and Opportunity to Confer (NOPVOC) to the Respondent concerning the alleged violations.
22. On October 30, 2023, EPA and the Respondent held a show cause meeting to discuss the violations alleged in the NOPVOC.
23. During the show cause meeting, on October 30, 2023, the Respondent confirmed that it no longer tampers with motor vehicles or motor vehicle engines.
Findings of Facts. 18. At all times relevant to this CAFO, Respondent manufactured, sold, and/or offered to sell motor vehicle parts to various distributors and customers throughout the United States.
19. On October 7, 2019, EPA sent an information request (Request) pursuant to Section 208(a) of the Act, 42 U.S.C. § 7542(a), to Respondent regarding the aftermarket defeat devices it manufactured, sold, and/or offered for sale.
20. On December 9, 2019, Respondent submitted a response to the Request by providing sales information and documentation related to the Respondent’s manufacture, sale, and/or offer for sale of aftermarket defeat devices.
21. Based on Respondent’s December 9, 2019, response to the Request, and additional information gathered during the EPA’s investigation, the EPA alleges that Respondent manufactured, sold, and/or offered for sale aftermarket defeat devices such as the exhaust gas recirculation delete hardware, identified in Appendix A, herein incorporated in this CAFO by reference.
22. The aftermarket defeat devices were designed and marketed for use on various motor vehicles, and intended to bypass, defeat, or render inoperative emissions-related devices or elements of design, such as the exhaust gas recirculation systems, that are installed on those motor vehicles to meet the CAA emission standards.
23. On September 29, 2022, EPA sent a Notice of Potential Violation and Opportunity to Confer (NOPVOC) to the Respondent concerning the alleged violations.
24. On November 16, 2022, EPA and the Respondent held a show cause meeting to discuss the violations alleged in the NOPVOC. During the show cause meeting, Xxxxxxxxxx confirmed that it no longer manufactures, sells, and/or offers for sale aftermarket defeat devices.
Findings of Facts. 18. At all times relevant to this CAFO, Respondent sold, offered to sell, and/or installed motor vehicle parts or performed services involving the removal of emissions-related devices or elements of design for customers throughout the United States.
19. On November 10, 2021, EPA sent an information request (Request) pursuant to Section 208(a) of the Act, 42 U.S.C. § 7542(a), to Respondent regarding the aftermarket defeat devices it sold, offered for sale, and/or installed, and services Respondent performed involving the removal of emissions-related devices or elements of design on or in motor vehicles required to be installed in compliance with the Act.
20. On December 13, 2021, Respondent responded to the Request by providing invoices and documentation related to the Respondent’s sale, offer for sale, and/or installation of aftermarket defeat devices, and services involving the removal of emissions-related devices or elements of design on or in motor vehicles.
21. Based on Respondent’s December 13, 2021, response to the Request and additional information gathered during the EPA’s investigation, the EPA alleges that Respondent sold, offered for sale, and/or installed aftermarket defeat devices such as various tuner-related products, exhaust gas recirculation delete hardware, and exhaust aftertreatment delete hardware for motor vehicles, and removed/tampered with emissions-related devices or elements of design such as exhaust gas recirculation, diesel oxidation catalysts, diesel particulate filters, and selective catalytic reduction, as identified in Appendix A, herein incorporated in this CAFO by reference.
22. The aftermarket defeat devices were designed and marketed for use on various motor vehicles and intended to bypass, defeat, or render inoperative emissions-related devices or elements of design such as the exhaust gas recirculation, catalytic converters, diesel particulate filters, selective catalytic reduction, and on-board diagnostic systems that are installed on or in those motor vehicles to meet the CAA emission standards.
23. On February 23, 2024, EPA sent a Notice of Potential Violation and Opportunity to Confer (NOPVOC) to the Respondent concerning the alleged violations.
24. On March 25, 2024, EPA and the Respondent held a show cause meeting to discuss the violations alleged in the NOPVOC.
25. On March 25, 2024, Respondent confirmed that it no longer sells, offers for sale, and/or installs aftermarket defeat devices or tampers with motor veh...
