BMP International, Inc., IGas USA Inc., and Scales N Stuff, Inc. (Board decision, February 17, 2023)

Read the official release (epa.gov)

Plain-English summary

BMP International, Inc., IGas USA, Inc., and Scales N Stuff, Inc., together with specified affiliated companies, were Florida corporations subject to EPA's greenhouse-gas reporting requirements. EPA alleged that BMP exceeded the 25,000 metric ton carbon-dioxide-equivalent import threshold in 2017 and did not timely report its imports for 2018 through 2020, while IGas and Scales N Stuff exceeded the threshold in 2019 and did not timely report their 2019 imports. The respondents settled without adjudication of the alleged facts and agreed to pay a $382,473 civil penalty. The EAB ratified the Consent Agreement and ordered compliance with its terms.

Decision snapshot

• Cited authorities: Clean Air Act Sections 113 and 114, 42 U.S.C. §§ 7413 and 7414; 40 C.F.R. parts 13, 19, 22, and 98
• Outcome: The Consent Agreement was ratified, the respondents were ordered to comply with its terms, and a $382,473 civil penalty was approved.
• Key point: Suppliers that exceed EPA's greenhouse-gas reporting threshold must timely file the required annual reports.

Full text (EPA EAB public release)

FILED
Feb 17, 2023

Clerk, Environmental Appeals Board
INITIALS ______

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.

)

)
In re BMP International, Inc., ) Docket No. CAA-HQ-2022-8429 IGas USA, Inc., and ) Scales N Stuff, Inc. )

)

)

FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final

Order and is hereby ratified.

The Respondents are ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: February 17, 2023

Aaron P. Avila
Environmental Appeals Judge

‘The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.
)
In re: )
) Docket No. CAA-HQ-2022-8429
)
BMP International, Inc. )
IGas USA, Inc. )
Scales N Stuff, Inc. )
)
)
)
)
)

CONSENT AGREEMENT

A. PRELIMINARY STATEMENT
This is an administrative penalty assessment proceeding brought under Section 113(d) of the Clean Air Act (the “Act” or “CAA”), 42 U.S.C. § 7413(d), and Sections 22.13 and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”) as codified at 40 C.F.R. Part 22. Complainant is the United States Environmental Protection Agency (“EPA”). On the EPA’s behalf, Mary E. Greene, Director, Air Enforcement Division, is delegated the authority to settle civil administrative penalty proceedings under Section 113(d) of the Act. Respondents are BMP International, Inc. (“BMP”), IGas USA, Inc. (“IGas”) and Scales N Stuff, Inc. (“Scales N Stuff’) (collectively, “IGas Companies”). For

purposes of these proceedings, “BMP” includes BMP International, Inc., LM Supply,

Inc., BMP USA, Inc., Assured Comfort AC, Inc. and Cool Master USA, LLC. Each of these five companies filed aggregated reports to the Greenhouse Gas Reporting Program under the name “BMP International, Inc.” during the specified timeframe. For purposes of these proceedings, “Scales N Stuff” includes Scales N Stuff, Inc. and Golden G Imports, LLC. Both companies filed aggregated reports to the Greenhouse Gas Reporting Program under the name “Scales N Stuff, Inc.” during the specified timeframe. Each Respondent is a Florida corporation headquartered in Tampa, Florida, and each Respondent is owned by a common holding company, IGas Holdings, Inc. Respondents are each “‘person[s]” as defined in Section 302(e) of the Act, 42 U.S.C.
§ 7602(e).
Complainant and Respondents (together, the “Parties”), having agreed that settlement of this action is in the public interest, consent to the issuance of the attached final order (“Final Order” or “Order’’) ratifying this consent settlement agreement (“Consent Agreement” or “Agreement”’) before taking testimony and without adjudication of any issues of law or fact herein, and Respondents agree to comply with the terms of this Consent Agreement and Final Order.

B. JURISDICTION
This Consent Agreement is entered into under Section 113(d) of the Act, as amended, 42 U.S.C. § 7413(d), and the Consolidated Rules, 40 C.F.R. Part 22. The EPA and the United States Department of Justice jointly determined that this matter, although it involves alleged violations that occurred more than one year

before the initiation of this proceeding, is appropriate for an administrative penalty

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assessment. 42 U.S.C. § 7413(d).
The Environmental Appeals Board is authorized to ratify this Consent Agreement, which memorializes a settlement between Complainant and Respondents. 40 C.F.R.
§§ 22.4(a) and 22.18(b).
The issuance of this Consent Agreement and attached Final Order simultaneously commences and concludes this proceeding. 40 C.F.R. § 22.13(b).

C. GOVERNING LAW
Section 114 of the Clean Air Act (CAA) provides the EPA with broad authority to require information that will inform the EPA’s implementation of various CAA provisions and programs. 42 U.S.C. § 7414. Under CAA Section 114(a)(1), the EPA may require emission sources, persons subject to the CAA, manufacturers of emission control or process equipment, or persons whom the EPA believes may have necessary information, to monitor and report emissions and to provide such other information as the EPA requests for the purposes of carrying out any provision of the CAA (except for a provision of title II with respect to motor vehicles). Pursuant to this legal authority, the EPA established the mandatory greenhouse gas reporting requirements, which have been effective since 2010. 40 C.F.R. Part 98. The general provisions for the mandatory greenhouse gas reporting requirements are set forth in subpart A, 40 C.F.R. §§ 98.1 — § 98.9, and Tables A-1 — A-7. 40 C.F.R. § 98.1(a) establishes greenhouse gas reporting requirements for owners and operators of certain facilities that directly emit greenhouse gases as well as for certain suppliers. For suppliers, the greenhouse gases reported are the quantity that would be

emitted from combustion or use of the products supplied.

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40 C.F.R. § 98.1(b) provides that owners, operators, and suppliers subject to 40 C.F.R. Part 98 must follow the requirements of subpart A and all applicable subparts, and if a conflict exists between a provision in subpart A and any other applicable subpart, the requirements of the applicable subpart shall take precedence.

40 C.F.R. § 98.2(a) provides that the greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements of subpart A apply to the owners and operators of any supplier that meets the requirements of paragraph (a)(4) of this section.

40 C.F.R. § 98.2(a)(4) provides that a supplier listed in Table A-5 of 40 C.F.R. Part 98, subpart A, must submit an annual report that covers all applicable products for which calculation methodologies are provided in the applicable subpart and subpart A.

40 C.F.R. Part 98, subpart OO applies to suppliers of industrial greenhouse gases. Table A-5 of 40 C.F.R. Part 98, subpart A, lists supplier categories for industrial greenhouse gas suppliers subject to 40 C.F.R. Part 98, subpart OO, including: producers of industrial greenhouse gases; and importers of industrial greenhouse gases with annual bulk imports of N2O, fluorinated greenhouse gas, and CO2 that in combination have greenhouse gas quantities equivalent to 25,000 metric tons CO2e or more. Table A-5 of 40 C.F.R. Part 98, subpart A, also states that suppliers are defined in each applicable subpart.

40 C.F.R. § 98.418 provides that all of the terms used in 40 C.F.R. Part 98 subpart OO have the same meaning given in the Clean Air Act and 40 C.F.R. Part 98 subpart A, except the terms “isolated intermediate” and “low-concentration constituent,” which are

defined in § 98.418. 40 C.F.R. § 98.418 further provides that if a conflict exists between

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a definition provided in subpart OO and a definition provided in subpart A, the definition in subpart OO shall take precedence for the reporting requirements in subpart OO. Id.

40 C.F.R. § 98.6 defines “exporter” as any person, company, or organization of record that transfers for sale or for other benefit, domestic products from the United States to another country or to an affiliate in another country, excluding any such transfers on behalf of the United States military or military purposes including foreign military sales under the Arms Export Control Act. An exporter is not the entity merely transporting the domestic products, rather an exporter is the entity deriving the principal benefit from the transaction.

40 C.F.R. § 98.6 defines “industrial greenhouse gases” as nitrous oxide or any fluorinated greenhouse gas.

40 C.F.R. § 98.6 defines “importer” as any person, company, or organization of record that for any reason brings a product into the United States from a foreign country, excluding introduction into United States jurisdiction exclusively for United States military purposes. An importer is the person, company, or organization primarily liable for the payment of any duties on the merchandise or an authorized agent acting on their behalf. The term includes, as appropriate: (1) the consignee, (2) the importer of record, (3) the actual owner, and (4) the transferee, if the right to draw merchandise in a bonded warehouse has been transferred.

40 C.F.R. § 98.6 defines “operator” as any person who operates or supervises a facility or supplier.

40 C.F.R. § 98.6 defines “owner” as any person who has legal or equitable title to, has a

leasehold interest in, or control of a facility or supplier, except a person whose legal or

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equitable title to or leasehold interest in the facility or supplier arises solely because the person is a limited partner in a partnership that has legal or equitable title to, has a leasehold interest in, or control of the facility or supplier shall not be considered an “owner” of the facility or supplier.

40 C.F.R. § 98.6 defines “supplier” as a producer, importer, or exporter in any supply category included in Table A-5 to this subpart, as defined by the corresponding subpart of this part.

40 C.F.R. § 98.410 defines source categories for suppliers of industrial greenhouse gases. 40 C.F.R. § 98.410(a) provides that “the industrial gas supplier source category consists of any facility that produces fluorinated greenhouse gases or nitrous oxide; any bulk importer of fluorinated greenhouse gases or nitrous oxide; and any bulk exporter of fluorinated greenhouse gases or nitrous oxide. Starting with reporting year 2018, this source category also consists of any facility that produces fluorinated heat transfer fluids (HTFs); any bulk importer of fluorinated HTFs; any bulk exporter of fluorinated HTFs; and any facility that destroys fluorinated greenhouse gases or fluorinated HTFs.”

40 C.F.R. § 98.411 specifies the applicable reporting threshold for 40 C.F.R. Part 98 subpart OO and requires any supplier of industrial greenhouse gases who meets the requirements of 40 C.F.R. § 98.410 and 40 C.F.R. § 98.2(a)(4) to report greenhouse gas emissions pursuant to 40 C.F.R. Part 98 subpart OO (40 C.F.R. § 98.410 — 40 C.F.R.

§ 98.418).

40 C.F.R. § 98.2(f) provides the methodology to calculate industrial greenhouse gas quantities for comparison to the 25,000 metric ton CO2e per year threshold under

40 C.F.R. § 98.2(a)(4) for importers and exporters of industrial greenhouse gases, and

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states that the imported quantities and the exported quantities must be compared separately to the 25,000 metric ton CO2e per year threshold.

40 C.F.R. § 98.2(i) provides that once a supplier is subject to the requirements of 40 C.F.R. Part 98, the supplier must for each year thereafter comply with all requirements of 40 C.F.R. Part 98, including the requirement to submit annual greenhouse gas reports, even if the supplier does not meet the applicability requirements in 40 C.F.R. § 98.2(a) in a future year.

40 C.F.R. § 98.2(i)(1) — (3) provide limited exceptions to 40 C.F.R. § 98.2(i):

(a) If reported quantity of greenhouse gases supplied are less than 25,000 metric tons CO2e per year for five consecutive years, then the owner or operator may discontinue reporting, provided that the owner or operator submits a notification to the EPA no later than March 31 of the year immediately following the fifth consecutive year that announces the cessation of reporting that explains the reasons for the reduction in quantity of greenhouse gases supplied and the owner or operator maintains the corresponding records required under § 98.3(g) for each of the five consecutive years prior to such notification and for three years following the year that reporting was discontinued. See 40 C.F.R. § 98.2(i)(1). The owner or operator must resume reporting if the annual quantity of greenhouse gases supplied in any future calendar year increases to 25,000 metric tons CO2e per year or more. Id.

(b) If the reported quantity of greenhouse gases supplied are less than 15,000 metric tons CO2e per year for three consecutive years, then the owner or operator may

discontinue reporting, provided that the owner or operator submits a notification

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to the EPA no later than March 31 of the year immediately following the third consecutive year that announces the cessation of reporting that explains the reasons for the reduction in the quantity of greenhouse gases supplied and the owner or operator maintains the corresponding records required under § 98.3(g) for each of the three consecutive years prior to such notification and for three years following the year that reporting was discontinued. See 40 C.F.R.

§ 98.2(i)(2). The owner or operator must resume reporting if the annual quantity of greenhouse gases supplied in any future calendar year increases to 25,000 metric tons CO2e per year or more. Id.

(c) If the operations of a supplier are changed such that all applicable processes and operations cease to operate, then the owner or operator may discontinue complying with this part for the reporting years following the year in which cessation of such operations occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting and certifies to the closure of all applicable processes and operations no later than March 31 of the year following such changes. 40 C.F.R. § 98.2(i)(3). Additional requirements apply in the event of a partial cessation of operation. Id.

40 C.F.R. § 98.3(b) requires the owner or operator of suppliers subject to 40 C.F.R. Part 98 to submit annual reports to the EPA no later than March 31 of each calendar year for greenhouse gas emissions in the previous calendar year, with the exception of the report

for calendar year 2010, which was due no later than September 30, 2011.

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40 C.F.R. § 98.3(c) specifies the content of each annual report, other than as provided in 40 C.F.R. § 98.3(d) for reporting year 2010, and includes any other data specified in the “Data reporting requirements” section of each applicable subpart of 40 C.F.R. Part 98.

40 C.F.R. § 98.416 provides a list of information, in addition to the information required by § 98.3(c)(1) — (3) and (5) — (13), that must be included in each annual report.

40 C.F.R. § 98.412 requires reporting of greenhouse gas emissions that would result from the release of the nitrous oxide and each fluorinated greenhouse gas that is produced, imported, exported, transformed, or destroyed during the calendar year. Starting with reporting year 2018, this section of the regulations also requires reporting of the emissions that would result from the release of each fluorinated HTF that is not also a fluorinated greenhouse gas and produced, imported, exported, transformed, or destroyed during the calendar year.

Except for certain special exceptions for reporting year 2010, 40 C.F.R. § 98.3(e) requires use of the calculation methodologies specified in the relevant subparts, in preparing the annual report. “For each source category, you must use the same calculation methodology throughout a reporting period unless you provide a written explanation of why a change in methodology was required.” 40 C.F.R. § 98.3(e).

40 C.F.R. § 98.413 prescribes the methodology to calculate the industrial greenhouse gas emissions set forth in 40 C.F.R. § 98.412.

40 C.F.R. § 98.5 requires each annual report to be submitted electronically through the “Electronic Greenhouse Gas Reporting Tool” (“e-GGRT”). Each report must be

submitted by a designated representative. See 40 C.F.R. § 98.4.

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BMP

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IGas

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Any violation of 40 C.F.R. Part 98 is a violation of the CAA, including Section 114, 42 U.S.C. § 7414. A violation includes but is not limited to failure to report greenhouse gas emissions, failure to collect data needed to calculate greenhouse gas emissions, failure to continuously monitor and test, failure to retain records needed to verify the amount of greenhouse gas emissions, and failure to calculate greenhouse gas emissions following the methodologies specified in this part. Each day of violation constitutes a separate violation. 40 C.F.R. § 98.8. See also 74 Fed. Reg. 56395 (Oct. 30, 2009).

D. ALLEGED FACTS

On March 16, 2018, BMP submitted a report for its greenhouse gas import quantities during calendar year 2017. On July 5, 2021, BMP submitted a corrected report of its greenhouse gas import quantities during calendar year 2017.

Based on the reports described in Paragraph 39, BMP imported quantities of greenhouse gases of 25,000 or more metric tons CO2e in calendar year 2017.

BMP did not submit annual reports of its greenhouse gas import quantities to EPA for calendar years 2018 through 2020 by March 31 of the subsequent year.

Prior to signing this Consent Agreement, BMP reported its greenhouse gas import quantities for calendar years 2018 through 2020 to the EPA, in accordance with 40

C.F.R. Part 98, subparts A and OO.

IGas did not submit annual reports of its greenhouse gas import quantities to the EPA by March 31 of 2020 for greenhouse gas emissions in calendar year 2019.

On June 5, 2020, IGas submitted a report for its greenhouse gas import quantities during

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calendar year 2019.
Based on the report described in Paragraph 44, IGas imported quantities of greenhouse

gases of 25,000 or more metric tons CO2e per year in calendar year 2019.

Scales N Stuff

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BMP

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Scales N Stuff did not submit an annual report of its greenhouse gas import quantities to

the EPA by March 31 of 2020 for greenhouse gas emissions in calendar year 2019.

On June 5, 2020, Scales N Stuff submitted a report for its greenhouse gas import

quantities during calendar year 2019. On July 5, 2021, Scales N Stuff submitted a

corrected report for its greenhouse gas import quantities during calendar year 2019.

Based on the reports described in Paragraph 47, Scales N Stuff imported quantities of

greenhouse gases of 25,000 or more metric tons CO2e per year in calendar year 2019. E. ALLEGED VIOLATIONS OF LAW

Each of the IGas Companies is a supplier of industrial greenhouse gases subject to the

mandatory greenhouse gas reporting requirements.

Each of the IGas Companies’ industrial greenhouse gas import quantities exceeded the

mandatory greenhouse gas reporting threshold of 25,000 metric tons CO2e per year in

one or more calendar years from 2010 to 2020.

BMP’s imports of industrial greenhouse gases exceeded the greenhouse gas reporting threshold of 25,000 or metric tons CO2e per year in 2017.

After exceeding the mandatory greenhouse gas reporting threshold of 25,000 or more metric tons CO2e per year in 2017, BMP remained subject to the reporting requirements

of 40 C.F.R. Part 98 from 2018 through 2020.

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IGas

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BMP did not timely report to the EPA its industrial greenhouse gas import quantities for at least calendar years 2018 through 2020, in violation of 40 C.F.R. Part 98, subparts A

and OO.

IGas’s imports of industrial greenhouse gases exceeded the greenhouse gas reporting threshold of 25,000 or metric tons CO2e per year in 2019. IGas did not timely report to the EPA its industrial greenhouse gas import quantities for

at least calendar year 2019, in violation of 40 C.F.R. Part 98, subparts A and OO.

Scales N Stuff

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Scales N Stuff imports of industrial greenhouse gases exceeded the greenhouse gas reporting threshold of 25,000 or metric tons CO2e per year in 2019. Scales N Stuff did not timely report to the EPA its industrial greenhouse gas import quantities for at least calendar year 2019, in violation of 40 C.F.R. Part 98, subparts A and OO. F. TERMS OF CONSENT AGREEMENT

For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondents each: (a) admit that the EPA has jurisdiction over the subject matter alleged in this

Agreement;
(b) neither admit nor deny the facts alleged in Section D; (c) consent to the assessment of a civil penalty as stated below; (d) waive any right to contest the alleged violations of law set forth in Section E of

this Consent Agreement; and

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(e)

waive their rights to appeal the Order accompanying this Agreement.

For the purpose of this proceeding, Respondents each:

(a)

(b)

()

@

agree that this Agreement states a claim upon which relief may be

granted against said Respondent;

acknowledge that this Agreement constitutes an enforcement action for purposes of considering said Respondent’s compliance history in any subsequent EPA enforcement actions brought against the Respondent;

waive any and all remedies, claims for relief and otherwise available rights to judicial or administrative review that said Respondents may have with respect to any issue of fact or law set forth in this Order, including any right of judicial review under Section 307(b)(1) of the Clean Air Act, 42 U.S.C.

§ 7607(b)(1);

consent to personal jurisdiction in any action to enforce this Agreement or Order, or both, in the United States District Court for the District of Columbia; and waive any rights they may possess at law or in equity to challenge the authority of the EPA to bring a civil action in a United States District Court to compel compliance with this Agreement or Order, or both, and to seek an additional penalty for noncompliance with this Agreement or Order, and agree

that federal law shall govern in any such civil action.

Civil Penalty. The EPA:

(a)

has determined, based on information provided by Respondents and use of the Economic Benefit (BEN) computer model, that Respondents obtained an

economic benefit below $5,000 as a result of their noncompliance in this

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matter and the case team has exercised its discretion not to pursue the economic benefit.

61. Penalty Payment. The civil penalty agreed upon by the Parties for settlement

purposes is $382,473. Respondents agree to:

(a) Pay the civil penalty of $382,473 (“EPA Penalty”) within 30 calendar days of the Effective Date of this Agreement.

(b) Pay the EPA Penalty using any method, or combination of methods, provided

on the website https://www.epa.gov/financial/additional-instructions-making-

payments-epa#Pay.gov.

(c) Identify each and every payment with the docket number of this Agreement and Final Order, No. CAA-HQ-2022-8429.

(d) Within 24 hours of payment of the EPA Penalty, send proof of payment via

electronic mail to Matthew Kryman at [email protected] and Tessa

Allen at [email protected]. “Proof of payment” means, as applicable, a copy of the check, confirmation of credit card or debit card payment, confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to the EPA requirements, in

the amount due, and identified with the docket number.

62. If Respondents fail to timely pay any portion of the penalty assessed under this
    Agreement, the EPA may:
    (a) request the Attorney General to bring a civil action in an appropriate district court to recover: the amount assessed; interest at rates established pursuant to 26

U.S.C. § 6621(a)(2); the United States’ enforcement expenses; and a 10 percent

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quarterly nonpayment penalty, 42 U.S.C. § 7413(d)(5);

(b) refer the debt to a credit reporting agency or a collection agency, 42 U.S.C.
§ 7413(d)(5), 40 C.F.R. §§ 13.13, 13.14, and 13.33;

(c) collect the debt by administrative offset (i.e., the withholding of money payableby the United States to, or held by the United States for, a person to satisfy the debt the person owes the Government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds, 40 C.F.R. Part 13, subparts C and H; and (1) suspend or revoke Respondents’ licenses or other privileges, or (2) suspend or disqualify Respondents from doing business with the EPA or engaging in programs the

EPA sponsors or funds, 40 C.F.R. § 13.17.

By signing this Agreement, Respondents acknowledge that this Agreement and Order, including identifying information such as name, federal tax ID number, mailing and e-mail address, will be available to the public when the Agreement and Certificate of Service are filed and uploaded to a searchable database and agree that this Agreement does not contain any confidential business information or personally identifiable information.

By signing this Agreement, the undersigned representative of Complainant and the undersigned representative of Respondents each certify that he or she is fully authorized to execute and enter into the terms and conditions of this Agreement and has the legal capacity to bind the entity he or she represents that is a Party to this

Agreement.

By signing this Agreement, Respondents agree to acceptance of the Complainant’s:

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(a) digital or an original signature on this Agreement; and (b) service of the fully executed Agreement on the Respondents by mail or electronically by e-mail. Complainant agrees to acceptance of the Respondents’ digital or an original signature on this Agreement.

By signing this Agreement, Respondents certify that the information they have supplied concerning this matter was at the time of submission true, accurate, and complete for each such submission, response, and statement. Respondents acknowledge that there are significant penalties for submitting false or misleading information, including the possibility of fines and imprisonment for knowing submission of such information, under 18 U.S.C. § 1001.

Except as qualified by Paragraph 62(a), each party shall bear its own attorney’s fees,

costs, and disbursements incurred in this proceeding.

G. EFFECT OF CONSENT AGREEMENT AND ATTACHED FINAL ORDER

In accordance with 40 C.F.R. § 22.18(c), completion of the terms of this Consent Agreement and Final Order resolves only Respondents’ liability for federal civil penalties for the violations listed in Section E of this Agreement.

Penalties paid pursuant to this Agreement shall not be deductible for purposes of federal taxes.

This Agreement constitutes the entire agreement and understanding of the Parties and supersedes any prior agreements or understandings among the Parties with respect to

the subject matter hereof.

The terms, conditions, and compliance requirements of this Agreement may not be

modified or amended after it is ratified except upon the written agreement of both

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Parties, and approval of the Environmental Appeals Board.

Any violation of this Order may result in a civil judicial action for an injunction, or civil penalties of up to $109,024 per day per violation, or both, as provided in Section 113(b)(2) of the Act, 42 U.S.C. § 7413(b)(2), as well as criminal sanctions as provided in Section 113(c) of the Act, 42 U.S.C. § 7413(c). The EPA may use any information submitted under this Order in an administrative, civil judicial, or criminal action. Nothing in this Agreement shall relieve Respondents of the duty to comply with all applicable provisions of the Act and other federal, state, or local laws or statutes, nor shall it restrict EPA’s authority to seek compliance with any applicable laws or regulations, nor shall it be construed to be a ruling on, or determination of, any issue related to any federal, state, or local permit.

Nothing herein shall be construed to limit the power of the EPA to undertake any action against Respondents or any person in response to conditions that may present an imminent and substantial endangerment to the public health, welfare, or the environment.

The EPA reserves the right to revoke this Agreement and settlement penalty if and to the extent that the EPA finds, after signing this Agreement, that any information provided by Respondents was materially false or inaccurate at the time such information was provided to the EPA, and the EPA reserves the right to assess and collect any and all civil penalties for any violation described herein. The EPA shall give Respondents notice of its intent to revoke, which shall not be effective until

received by Respondents in writing.

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H. EFFECTIVE DATE
Respondents and Complainant agree to the Environmental Appeals Board’s issuance of the attached Final Order. The EPA will transmit a copy of the Final Order and

ratified Consent Agreement to the Respondents.

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The foregoing Consent Agreement In the Matter of BMP International, Inc.; IGas USA, Inc.; and Scales N Stuff, Inc., Docket No. CAA-HQ-2022-8429, is Hereby Stipulated, Agreed, and Approved.

FOR RESPONDENTS:

BMP INTERNATIONAL, INC.
LM SUPPLY, INC.

BMP USA, INC.

ASSURED COMFORT AC, INC.
COOL MASTER U.S.A., LLC
IGAS USA, INC.

SCALES N STUFF, INC.
GOLDEN G IMPORTS, LLC

we January 19, 2023

Signature Date

Printed Name: Xianbin Meng

Title: President, BMP International, Inc., LM Supply, Inc., BMP USA, Inc., Assured Comfort AC, Inc., Cool Master U.S.A., LLC, IGas USA, Inc., Scales N Stuff, Inc., and Golden G Imports, LLC

Address: 8105 Anderson Rd., Tampa, FL 33634

Federal Tax Identification Numbers:

BMP International, Inc. 20-8916439
LM Supply, Inc. 47-2147224
BMP USA, Inc. 46-4371008
Assured Comfort AC, Inc. 37-1451843
Cool Master U.S.A., LLC 81-4799735
IGas USA, Inc. 36-4897416
Scales N Stuff, Inc. 84-2866328
Golden G Imports, LLC —83-4352080

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The foregoing Consent Agreement In the Matter of BMP International, Inc.; IGas USA, Inc.; and Scales N Stuff, Inc., Docket No. CAA-HQ-2022-8429 is Hereby Stipulated, Agreed, and Approved.

FOR COMPLAINANT:

Digitally signed by Greene, Mary

Greene, Mary E b.te:2022.02.08 20:13:09
-05'00"

Mary E. Greene

Director, Air Enforcement Division

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

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CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of BMP International, Inc., IGas USA, Inc., and Scales N Stuff, Inc., Docket No. CAA-HQ-2022-8429, were sent to the following persons in the manner indicated:

By Electronic Mail:

Matthew Kryman, Attorney-Advisor

Tessa Allen, Attorney-Advisor

Air Enforcement Division

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460

e-mail: [email protected]

[email protected]

Amy Wachs, Partner

Husch Blackwell

190 Carondelet Plaza, Suite 600

St. Louis, MO 63105

e-mail: [email protected]

Dated: February 17, 2023 Emilio Cortes

Emilio Cortes
Clerk of the Board