U.S. EPA issued an FOV to Elyria Recycling Company (Elyria) on September 28, 2004, citing them for violations of the Recycling and Emissions Reduction Provisions for the Protection of Stratospheric Ozone at 40 C.F.R. Part 82, Subpart F. Specifically, the alleged violations included Elyria's failure to recover refrigerant from appliances or verify that refrigerant had been removed from appliances before disposal, failure to maintain complete copies of signed verification statements, and failure to maintain copies of these records on-site for a minimum of three years. During the time of violation, Elyria did not own any refrigerant removal equipment, and therefore, chose to have customers sign forms stating that refrigerant had already been removed. However, these verification statements did not include all required information, such as the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered.
Shortly after the 113 conference (held on October 21, 2004), Elyria designed a new verification form that has all the required information, which will be filled out in full by each customer for each delivery of scrap, and will be kept by Elyria on-site for at least three years. And, even though it wasn't necessary, Elyria purchased a refrigerant removal device (Envirotech Systems Model 160-60) to test for and recover refrigerant from appliances when customers can't verify that refrigerant has been removed previously themselves.