Phoenix Fire Systems, LLC, d/b/a Basic Fire Protection (Board decision, February 5, 2025)

In re Phoenix Fire Systems, LLC, d/b/a Basic Fire Protection (EAB CAA Appeal No. 25-04C): HFC-import settlement approved

Decision type
Board decision
Docket
CAA 25-04C
Decided
February 5, 2025
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21

Apply this precedent to your situation

This is citable Board precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified the Consent Agreement, ordered Phoenix Fire Systems, LLC to comply with its terms, and approved a $5,430 civil penalty. The full text below is the official EPA release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Read the official release (epa.gov)

Plain-English summary

Phoenix Fire Systems, LLC, doing business as Basic Fire Protection, imported approximately 186.4 kilograms of HFC-23 from Canada on October 4, 2022. EPA alleged that Phoenix Fire and the importer of record did not possess or expend the required allowances or receive a non-objection notice for the bulk HFCs. The shipment was transported in five cylinders and was later re-exported after EPA issued a denial recommendation to Customs and Border Protection. Phoenix Fire agreed to settle the alleged 186 violations and pay a $5,430 civil penalty. The EAB ratified the Consent Agreement and ordered compliance.

Decision snapshot

  • Cited authorities: American Innovation and Manufacturing Act; 42 U.S.C. §§ 7413, 7602, and 7675; 40 C.F.R. parts 13, 19, 22, and 84
  • Outcome: The Consent Agreement was ratified, Phoenix Fire was ordered to comply with its terms, and a $5,430 civil penalty was assessed.
  • Key point: A consignee may be treated as an importer for HFC allowance requirements, and each kilogram imported can count as a separate violation under the applicable rule.

Full text (EPA EAB public release)

                                                                       F I L E D
                                                                           Feb 05, 2025
                                                                      Clerk, Environmental Appeals Board
                 ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.

                                           )
                                           )

In re Phoenix Fire Systems, LLC, d/b/a Docket No. CAA-2025-8463
)
Basic Fire Protection )
)
)
)

                                   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 Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So ordered. 1

                                                ENVIRONMENTAL APPEALS BOARD

Dated: February 5, 2025 ________
Aaron P. Avila
Environmental Appeals Judge

   1
    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-2025-8463
 Phoenix Fire Systems, LLC d/b/a Basic Fire       )
 Protection                                       )
                                                  )
                                                  )


                                  CONSENT AGREEMENT

                             A. PRELIMINARY STATEMENT
  1. This is an administrative penalty assessment proceeding brought for alleged violations of

      the American Innovation and Manufacturing Act of 2020 (“AIM Act”), 42 U.S.C.
    
      § 7675, which governs the import of bulk hydrofluorocarbons (HFCs), under Section
    
      113(d) of the Clean Air Act (the “Act” or “CAA”), 42 U.S.C. § 7413(d), which
    
      authorizes the EPA to bring administrative civil enforcement actions.
    
  2. HFCs are potent greenhouse gases that accelerate climate change. The United States has

      committed, as a signatory of the Kigali Amendment to the Montreal Protocol, to reduce
    
      its production and consumption of HFCs by 85% in a stepwise manner by the year 2036.
    
  3. Complainant is Mary E. Greene, Director, Air Enforcement Division, of the United States

      Environmental Protection Agency.
    
  4. Respondent is Phoenix Fire Systems, LLC d/b/a Basic Fire Protection (“Phoenix

      Fire”), an Illinois corporation headquartered in Frankfort, Illinois. Respondent is a
    
      “person” as defined in Section 302(e) of the Act, 42 U.S.C. § 7602(e).
    
  5. Complainant and Respondent (together, the “Parties”), having agreed that settlement of

      this action is in the public interest, consent to the issuance of the attached final order
    
                   Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    (“Final Order” or “Order”) ratifying this Consent Agreement (“Consent Agreement” or

    “Agreement”) without adjudication of any issues of law or fact herein, and Respondent

    agrees to comply with the terms of this Agreement and Final Order.

                                 B. JURISDICTION
    
  6. 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 of Practice Governing the

    Administrative Assessment of Civil Penalties and the Revocation/Termination or

    Suspension of Permits, 40 C.F.R. Part 22.

  7. 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

    assessment. 42 U.S.C. § 7413(d).

  8. The Environmental Appeals Board is authorized to ratify this Consent Agreement,

    which memorializes a settlement between Complainant and Respondent. 40 C.F.R.

    §§ 22.4(a) and 22.18(b).

  9. 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
    
  10. This proceeding arises under the AIM Act, 42 U.S.C. § 7675, and the regulations

    promulgated thereunder, which impose limits on HFC production and consumption.

  11. The EPA is authorized to enforce the AIM Act and any regulation promulgated

    thereunder pursuant to the federal enforcement authorities established by Section 113 of

    the CAA, 42 U.S.C. § 7413, as though the AIM Act was expressly included in Title VI of

                                            2
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    the CAA. 42 U.S.C. § 7675(k)(1)(C).

  12. The regulations at 40 C.F.R. Part 84, Subpart A, implement the AIM Act requirement to

    phase down HFC production and consumption.

  13. The regulations at 40 C.F.R. Part 84, Subpart A, apply to anyone who imports a regulated

    substance. 40 C.F.R. § 84.1(b).

  14. The regulations at 40 C.F.R. Part 84, Subpart A, contain the following definitions:

    (a) An “application-specific allowance” is “a limited authorization granted in

         accordance with subsection (e)(4)(B)(iv) of the AIM Act for the production or
    
         import of a regulated substance for use in the specifically identified applications
    
         that are listed in that subsection and in accordance with the restrictions contained
    
         at § 84.5(c).” 40 C.F.R. § 84.3.
    

    (b) “Bulk” is defined as: “[A] regulated substance of any amount that is in a container

         for the transportation or storage of that substance such as cylinders, drums, ISO
    
         tanks, and small cans. A regulated substance that must first be transferred from a
    
         container to another container, vessel, or piece of equipment in order to realize its
    
         intended use is a bulk substance. A regulated substance contained in a
    
         manufactured product such as an appliance, an aerosol can, or a foam is not a bulk
    
         substance.” 40 C.F.R. § 84.3.
    

    (c) “Consumption allowances” are “a limited authorization to produce and import

         regulated substances; however, consumption allowances may be used to produce
    
         regulated substances only in conjunction with production allowances.” 40 C.F.R.
    
         § 84.3.
    

    (d) “Exchange value equivalent” (“EVe”) is defined as “the exchange value-weighted

                                            3
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    amount of a regulated substance obtained by multiplying the mass of a regulated

    substance by the exchange value of that substance.” 40 C.F.R. § 84.3.

(e) “Import” is defined as “to land on, bring into, or introduce into, or attempt to land

  on, bring into, or introduce into, any place subject to the jurisdiction of the United

  States, regardless of whether that landing, bringing, or introduction constitutes an

  importation within the meaning of the customs laws of the United States.

  Offloading used regulated substances recovered from equipment aboard a marine

  vessel, aircraft, or other aerospace vehicle during servicing is not considered an

  import.” 40 C.F.R. § 84.3.

(f) “Importer” is defined as: “[A]ny person who imports a regulated substance into

  the United States. ‘Importer’ includes the person primarily liable for the payment

  of any duties on the merchandise or an authorized agent acting on his or her

  behalf. The term also includes: (1) [t]he consignee; (2) [t]he importer of record;

  (3) [t]he actual owner; or (4) [t]he transferee, if the right to draw merchandise in a

  bonded warehouse has been transferred.” 40 C.F.R. § 84.3.

(g) “Person” is defined as “any individual or legal entity, including an individual,

  corporation, partnership, association, state, municipality, political subdivision of a

  state, Indian tribe; any agency, department, or instrumentality of the United

  States; and any officer, agent, or employee thereof.” 40 C.F.R. § 84.3.

(h) “Regulated substance” is defined as: “[A] hydrofluorocarbon listed in the table

  contained in subsection (c)(1) of the AIM Act and a substance included as a

  regulated substance by the Administrator under the authority granted in

  subsection (c)(3).” 40 C.F.R. § 84.3.


                                    4
       Consent Agreement and Final Order – Docket No. CAA-2025-8463

15. From January 1, 2022, to September 17, 2023, 40 C.F.R. § 84.5(b)(1) (2022) provided

     that “[n]o person may import bulk regulated substances, except by expending, at the time

     of the import, consumption or application-specific allowances in a quantity equal to the

     exchange-value weighted equivalent of the regulated substances imported.”1
  1. A current list of regulated substances, their chemical formulas, and their exchange values

     can be found in Appendix A to 40 C.F.R. Part 84. See 40 C.F.R. § 84.3.
    
  2. The compound HFC-23 is regulated by the AIM Act and has an exchange value of

     14,800. 40 C.F.R. Part 84, Appendix A.
    
  3. “Each person meeting the definition of importer for a particular regulated substance

     import transaction is jointly and severally liable for a violation of paragraph (b)(1) of this
    
     section, unless they can demonstrate that another party who meets the definition of an
    
     importer met one of the exceptions set forth in paragraph (b)(1).”2 40 C.F.R. § 84.5(b)(2)
    
     (2022).
    
  4. “Every kilogram of bulk regulated substances imported … constitutes a separate violation

     of this subpart.” 40 C.F.R. § 84.5(b)(6) (2022).3
    
  5. Sections 113(a)(3)(A) and 113(d)(1) of the CAA, 42 U.S.C. § 7413(a)(3)(A) 7413(d)(1),

     authorizes the Administrator of the EPA to assess a civil administrative penalty of not
    

1
Effective September 18, 2023, 40 C.F.R. § 84.5(b)(1) was revised to: “[n]o person may import bulk regulated substances, either as a single component or a multicomponent substance, except . . . [i]f the importer of record possesses at the time they are required to submit reports to EPA pursuant to § 84.31(c)(7), and expends at the time of ship berthing for vessel arrivals, border crossing for land arrivals such as trucks, rails, and autos, and first point of terminus in U.S. jurisdiction for arrivals via air, consumption or application-specific allowances in a quantity equal to the exchange-value weighted equivalent of the regulated substances imported, whether present as a single component or a multicomponent blend.” 2 Effective September 18, 2023, this provision was edited to be found under 40 C.F.R. § 84.5(b)(3) and now states, “Each person meeting the definition of importer for a particular regulated substance import transaction is jointly and severally liable for a violation of paragraph (b)(1) of this section, unless they can demonstrate that the importer of record possessed and expended allowances in accordance with the requirement outlined in paragraph (b)(1)(i) or (v) of this section or another party who meets the definition of an importer met one of the exceptions set forth in paragraph paragraphs (b)(1)(ii) through (iv) of this section.” ).” 3 Effective September 18, 2023, this provision was edited to be found under 40 C.F.R. § 84.5(b)(7).

                                                       5
                     Consent Agreement and Final Order – Docket No. CAA-2025-8463

more than $25,000 per day of violation of Title VI of the CAA, or regulations

  promulgated thereunder. Pursuant to the Federal Civil Penalties Inflation Adjustment Act

  of 1990, Pub. L. 101-410, as amended, and its implementing regulation, the Civil

  Monetary Penalty Inflation Adjustment Rule, codified at 40 C.F.R. Part 19, the statutory

  maximum civil administrative penalty has subsequently been raised to $57,617 per day of

  violation. 40 C.F.R. § 19.4, Table 1.

                              D. STIPULATED FACTS
  1. Phoenix Fire owns and operates a facility that provides sells fire protection systems and

    provides fire protection system contract work and is incorporated under the laws of the

    State of Illinois. Respondent has its headquarters in Frankfort, Illinois.

  2. On or about October 4, 2022, Phoenix Fire was the consignee for an import shipment,

    which included approximately 186.4 kg of HFC-23, from Canada under Customs Entry

    Number MK8-57482162 (“Subject HFCs”).

  3. The importer of record, Ward’s Hydraulic Services, LTD, located at 224 Cayer St #1,

    Coquitlam, British Columbia V3K 5B1, Canada, did not possess or expend any

    consumption or application-specific allowances, nor did it receive a non-objection notice

    from the EPA for the Subject HFCs.

  4. Respondent did not possess or expend any allowances when importing the Subject

    HFCs, nor did it receive a non-objection notice from the EPA for the Subject HFCs.

  5. Using the formula provided by 40 C.F.R. § 84.3, the metric tons of exchange value

    equivalent (“MTEVe”) of regulated substances are calculated by multiplying the mass

    of the regulated substance in kg by the exchange value of the regulated substance and

    dividing the product by 1,000. Under this formula, 186.4 kg of HFC-23 is equivalent to

                                            6
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    about 2,758.7 MTEVe.

  6. The Subject HFCs were transported in five cylinders.

  7. Respondent is a “person,” as that term is defined in 40 C.F.R. § 84.3.

  8. As consignee for the import of the Subject HFCs, Phoenix Fire was an “importer” of the

    Subject HFCs within the meaning of 40 C.F.R. § 84.3.

  9. The Subject HFCs are bulk regulated substances as defined above at 40 C.F.R. § 84.3.

  10. On or about October 27, 2022, the EPA issued a denial recommendation letter to U.S.

    Customs and Border Protection for the Subject HFCs, and the Subject HFCs were re-

    exported on or about November 8, 2022.

                       31.     ALLEGED VIOLATIONS OF LAW
    
  11. Pursuant to 40 C.F.R. § 84.5(b)(6) (2022), every kilogram of the Subject HFCs imported

    on October 4, 2022 constitutes a separate violation of 40 C.F.R. § 84.5(b) (2022).

  12. The Subject HFCs imported by Respondent on October 4, 2022 are approximately 186.4

    kg, which constitutes 186 violations of 40 C.F.R. § 84.5(b)(1) (2022).

                     E. TERMS OF CONSENT AGREEMENT
    
  13. For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2),

    Respondent:

    (a) admits that the EPA has jurisdiction over the subject matter alleged in

         this Consent Agreement;
    

    (b) admits to the stipulated facts stated in Section D of this Consent Agreement;

    (c) neither admits nor denies the violations alleged in Section E of this Consent

         Agreement;
    

    (d) consents to the assessment of a civil penalty as stated below;

                                             7
                Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    (e) waives any right to contest the alleged violations of law; and

    (f) waives its rights to appeal the Final Order accompanying this Consent Agreement.

  14. For the purpose of this proceeding, Respondent:

    (a) agrees that this Consent Agreement states a claim upon which relief

         may be granted against Respondent;
    

    (b) acknowledges that this Consent Agreement constitutes an enforcement action

         for purposes of considering Respondent’s compliance history in any subsequent
    
         enforcement actions related to the Respondent;
    

    (c) waives its right to request a hearing as provided at 40 C.F.R. § 22.15(c), any

         right to contest the allegations in this Consent Agreement and Final Order,
    
         and its right to appeal this Consent Agreement and Final Order;
    

    (d) waives any rights or defenses that Respondent has or may have for this matter

         to be resolved in federal court, including but not limited to any right to a jury
    
         trial, and waives any right to challenge the lawfulness of the Final Order
    
         accompanying this Consent Agreement;
    

    (e) consents to personal jurisdiction in any action to enforce this Consent Agreement

         or Order, or both in the United States District Court for the District of Columbia;
    
         and
    

    (f) waives any rights it 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 the Consent Agreement or Final Order, or both, and to seek
    
         an additional penalty for noncompliance with the Consent Agreement or Final
    
         Order, and agrees that federal law shall govern in any such civil action.
    
                                            8
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    (g) acknowledges that this Consent Agreement and attached Final Order will be

         available to the public and agree that it does not contain any confidential
    
         business information or personally identifiable information.
    

    (h) acknowledges that its tax identification number may be used for collecting or

         reporting any delinquent monetary obligation arising from this Consent
    
         Agreement (see 31 U.S.C. § 7701);
    

    (i) certifies that the information it has supplied concerning this matter was at the

         time of submission true, accurate, and complete; and
    

    (j) acknowledges that there are significant penalties for knowingly submitting

         false, fictitious, or fraudulent information, including the possibility of fines
    
         and imprisonment (see 18 U.S.C. § 1001).
    
  15. Civil Penalty. The civil penalty agreed upon by the Parties for settlement purposes is

    $5,430 (the “Assessed Penalty”).

  16. Penalty Payment. Respondent agrees to pay the Assessed Penalty to the United States in

    the manner specified below:

    (a) pay the Assessed Penalty within 30 calendar days of the Effective Date of this

         Agreement.
    

    (b) pay the Assessed Penalty using any method, or combination of methods,

         provided on the following website https://www.epa.gov/financial/additional-
    
         instructions-making-payments-epa#Pay.gov.
    

    (c) identify each and every payment with Docket No. CAA-2025-8643; and

    (d) within 24 hours of payment of the EPA Penalty, email proof of payment to Hallie

         Lipsey at [email protected]. “Proof of payment” means, as applicable, a copy
    
                                            9
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    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 Docket No. CAA-2025-8463.
    
  17. Failure to pay the full amount of the penalty assessed under this Consent Agreement may

    subject Respondent to a civil action to collect any unpaid portion of the proposed civil

    penalty and interest. In order to avoid the assessment of interest, administrative costs, and

    late payment penalty in connection with such civil penalty, as described in the following

    four paragraphs of this Consent Agreement, Respondent must timely pay the penalty.

  18. Interest, Charges, and Penalties on Late Payments. Pursuant to 42 U.S.C. § 7524(c)(6), 31

    U.S.C. § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely

    pay any portion of the Assessed Penalty per this Agreement, the entire unpaid balance of

    the Assessed Penalty and all accrued interest shall become immediately due and owing,

    and the EPA is authorized to recover the following amounts.

       (a) Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is
    
           paid in full within 30 days, interest accrued is waived. If the Assessed Penalty is
    
           not paid in full within 30 days, interest will continue to accrue until any unpaid
    
           portion of the Assessed Penalty as well as any accrued interest, penalties, and
    
           other charges are paid in full. Per 42 U.S.C. § 7524(c)(6), interest will be
    
           assessed pursuant to 26 U.S.C. § 6621(a)(2), that is the IRS standard
    
           underpayment rate, equal to the Federal short-term rate plus 3 percentage points.
    
       (b) Handling Charges. The United States’ enforcement expenses including, but not
    
           limited to, attorneys’ fees and costs of collection proceedings.
    
                                           10
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    (c) Late Payment Penalty. A 10% quarterly non-payment penalty.

  19. Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if

    Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other

    charges and penalties per this Consent Agreement and attached Final Order, the EPA may

    take additional actions. Such actions the EPA may take include, but are not limited to, the

    following:

       (a) Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R.
    
           §§ 13.13 and 13.14;
    
       (b) Collect the debt by administrative offset (i.e., the withholding of money payable
    
           by the United States government to, or held by the United States government
    
           for, a person to satisfy the debt the person owes the United States government),
    
           which includes, but is not limited to, referral to the Internal Revenue Service for
    
           offset against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H.
    
       (c) Suspend or revoke Respondent’s licenses or other privileges, or suspend or
    
           disqualify Respondent from doing business with the EPA or engaging in
    
           programs the EPA sponsors or funds, 40 C.F.R. § 13.17.
    
       (d) Request that the Attorney General bring a civil action in the appropriate district
    
           court to recover the full remaining balance of the Assessed Penalty, in addition
    
           to interest and the amounts described above, per 42 U.S.C. § 7524(c)(6). In any
    
           such action, the validity, amount, and appropriateness of the Assessed Penalty
    
           shall not be subject to review.
    
  20. Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a

    partial payment of debt will be applied first to outstanding handling charges, second to

                                             11
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    late penalty charges, third to accrued interest, and last to the principal that is the

    outstanding Assessed Penalty amount.

  21. Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this

    Consent Agreement and attached Final Order shall not be deductible for purposes of

    federal taxes.

  22. By signing this Agreement, the undersigned representative of Complainant and the

    undersigned representative of Respondent 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 party he or she represents to this Agreement.

  23. By signing this Agreement, Respondent agrees to acceptance of the Complainant’s:

    (a) digital or an original signature on this Agreement; and (b) service of the fully

    executed Agreement on the Respondent by mail or electronically by e-mail.

    Complainant agrees to acceptance of the Respondent’s digital or an original signature

    on this Agreement.

  24. Except as specified by paragraph 40(b), each party shall bear its own attorney’s fees,

    costs, and disbursements incurred in this proceeding.

    F. EFFECT OF CONSENT AGREEMENT AND ATTACHED FINAL ORDER

  25. In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this

    Consent Agreement shall only resolve Respondent’s liability for federal civil

    penalties for the violations alleged in Section E of this Consent Agreement.

  26. This Consent Agreement and attached Final Order apply to and are binding upon

    the Complainant and the Respondent. Successors and assigns of Respondent are

    also bound if they are owned, in whole or in part, directly or indirectly, or

                                              12
                 Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    otherwise controlled by Respondent. Nothing in the previous sentence adversely

    affects any right of the EPA under applicable law to assert successor or assignee

    liability against Respondent’s successor or assignee.

  27. This Consent Agreement constitutes the entire agreement and understanding of the

    Parties andsupersedes any prior agreements or understandings among the Parties with

    respect to the subject matter hereof.

  28. This Consent Agreement may be signed in any number of counterparts, each of which

    will be deemed an original and, when taken together, constitute one agreement; the

    counterparts are binding on each of the Parties individually as fully and completely as if

    the Parties had signed one single instrument, so that the rights and liabilities of the

    Parties will be unaffected by the failure of any of the undersigned to execute any or all

    of the counterparts; any signature page and any copy of a signed signature page may be

    detached from any counterpart and attached to any other counterpart of this Consent

    Agreement.

  29. Nothing in this Agreement shall relieve Respondent 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 the 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.

  30. Nothing herein shall be construed to limit the power of the EPA to undertake any action

    against Respondent or any person in response to conditions that may present an

    imminent and substantial endangerment to the public health, welfare, or the

    environment.

                                             13
                Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    52. The EPA reserves the right to revoke this Consent Agreement and settlement penalty if

    and tothe extent that the EPA finds, after signing this Consent Agreement, that any

    information provided by Respondent 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 Respondent notice of its intent to revoke, which shall not be effective until

    received by Respondent in writing.

                               G. EFFECTIVE DATE
    
  31. Respondent and Complainant agree to the Environmental Appeals Board’s issuance of

    the attached Final Order ratifying the Agreement. The effective date of the Agreement

    shall be the date of issuance of the Final Order. The EPA will transmit a copy of the

    Final Order and ratified Consent Agreement to the Respondent.

                                           14
               Consent Agreement and Final Order – Docket No. CAA-2025-8463
    

    CERTIFICATE OF SERVICE

    I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the
    matter of Phoenix Fire Systems, LLC, d/b/a Basic Fire Protection, Docket No. CAA-2025-8463, were sent to the following persons in the manner indicated:

By E-mail:

Hallie Lipsey, 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]

Kirk Humbrecht
Phoenix Fire Systems, LLC, d/b/a Basic Fire Protection
744 Nebraska Street
Frankfort, IL 60423-1701
e-mail: [email protected]

      Feb 05, 2025

Dated: ____ ______
Tommie Madison
Clerk of the Board

Does this precedent still control your case?

Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace