February 23, 2004—EPA Region 5 recently notified 18 companies of alleged violations of federal or federally enforceable state clean-air regulations. Five of these companies allegedly violated laws specific to ozone-depleting chemicals and/or refrigerant recordkeeping requirements.
Companies cited with allegedly violating federal clean-air regulations received a Finding of Violation (FOV) and companies alleged to have violated federally enforceable state regulations received a Notice of Violation (NOV). Four companies received both.
These are preliminary findings of violations. To resolve them, EPA may issue compliance orders, assess administrative penalties or bring suit against the companies. The companies have 30 days from receipt of the notices to request meetings with EPA to discuss resolving the allegations.
“EPA’s mission is to protect public health and the environment,” said Region 5 Administrator Thomas V. Skinner. “We will take whatever steps are needed to ensure compliance with the Clean Air Act.”
Current penalties for companies, who fail to meet compliance standards, are $27,500 per day, per violation. The EPA has proposed, and Congress is currently reviewing, whether to increase this amount to $32,500 per day, per violation.
EPA cited a large manufacturer of air conditioning compressors and components in Ohio for failing to comply with federal stratospheric ozone standards at its compressor and condenser manufacturing plant.
A large paper mill in Wisconsin was also cited under stratospheric ozone rules governing the use and safe disposal of ozone-depleting substances at its plant, for violating leak repair, testing, planning and retrofitting or retiring requirements for commercial and industrial refrigeration units.
EPA also alleges that two Michigan companies: a large pharmaceutical and nutritional products manufacturer and a large chemical producer, violated work practice, reporting and record-keeping requirements and failed to repair leaks of ozone-depleting chemicals in violation of federal stratospheric ozone rules. Lastly, a large pharmaceutical company in North Chicago was cited for allegedly violating leak repair, testing, planning and retrofitting or retiring requirements for chillers.
