UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901 

## JUN 1 0 2011 CERTIFIED MAIL: 7010309000012472 5131 RETURN RECEIPT REQUESTED Mr. Dennis O'Meara Manager Refrigerant Exchange, Inc. 5314 3rd Street Irwindale, California 91706 RE: Information Request Pursuant to Section 114 ofthe Clean AirAct Dear Mr. O'Meara: The United States Environmental Protection Agency, Region 9 ("EPA") hereby requires Refrigerant Exchange, Inc. ("RefEx") to provide certain information as part ofan EPA investigation to determine the Clean Air Act ("CAA" orthe "Act") compliance status ofRefEx's refrigerant-related facilities, including facilities used for refrigerant reclaiming and refrigerant storage. This request concerns all facilities owned or operated by RefEx, including those located in Irwindale, California, North Las Vegas, Nevada, and any other locations where RefEx operates in the United States. Pursuant to Section 114(a) ofthe CAA, 42 U.S.C. § 7414(a), the Administrator ofEPA is authorized to require any person who owns and/or operates an emission source to establish and maintain records, make reports and provide such other information as he or she may reasonably require for the purposes of determining whether such person is in violation ofany provision ofthe Act. In orderfor EPA to determine whether a violation has occurred, you are hereby required, pursuant to Section 1l4(a)ofthe CAA and this information request, to provide responses to the following requests for information regarding RefEx facilities. Please see Enclosure 1for instructions and definitions. 1. Provide a list ofall shipments ofrefrigerant received by RefEx in the 12 months prior to the date ofthis letter, including:
a. the date the shipment was received; b. the name and address ofthe source;
c. the refrigerant type (e.g. R-11, R-12, R-22 etc); d. the quantity ofmaterial received (i.e. the mass ofrefrigerant 

### + contaminants); and,

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e. ifthis refrigerant transaction represents an import, documents demonstrating that appropriate allowances were obtained per40 CFR 82.4(d) or40 CFR 82.15(b).
2. For each shipment ofrefrigerant sold or otherwise distributed ortransferred by RefEx in the 2 years prior to the date ofthis letter, provide:
a. the date the refrigerant was sold, distributed or transferred; b. the name and location ofthe buyer 

### Irecipient;
c. therefrigeranttype (e.g. R-11, R-12, R-22 etc); d. the quantity ofrefrigerant;
e. documentation that verifies that the shipment met the ARI 700 standard, including thirdparty analytical lab results.
IfRefEx seeks to withhold any documents based on a claim ofattorney-client communications privilege or the attorney workproductdoctrine in its response to this information request, provide a privilege log for each document containing the following information: (i) the date, author(s), every individual to whom the document was originally sent, everyindividual who subsequently acquired the document, the purpose for which the document was sent to or obtained by those individuals, and the employmenttitles ofthe authors and recipients; (ii) the subject matter ofthe document; (iii) the privilege claimed for the document and all facts supporting the claim ofprivilege; (iv) the primary purpose(s), including any business purposes, for which the document was made; (v) the question(s) in this information request that the document is responsive to; and (vi) all facts contained in the documentthat are responsiveto a question in this informationrequest. EPA requires RefEx to postmark its full response to this information request no later than fourteen (14) calendardays afterreceipt ofthis letter. Please submit your response to this information requestto: Ms. Deborah Jordan Director Environmental Protection Agency 75 Hawthorne Street San Francisco, California 94105 ATTN: Joe Westersund (Air-5) The response to this information request must be certified by a duly authorized officer or agent of RefEx by signing the enclosed Statement ofCertification (see Enclosure 2) and returning it with the Page 2Dennis O'Meara Refrigerant Exchange, Inc. response. All information submitted in response to this informationrequest must be certified as true, correct, accurate, and complete by an individual with sufficientknowledge and authority to make such representations onbehalfofRefEx. Ifyou anticipate not being able to respond fully to this information request within the timeperiod specified, you must submit a statement by a responsible corporate official within ten (10) calendar days after your receipt ofthis letter specifying what information will be provided withinthetime specified, describing what efforts have been/are being made to obtain other responsive information and providing a detailed schedule ofwhen such other responsive information can be provided. Upon receipt and based upon such declaration, EPA may extend thetime in which responsive information must be provided. Based upon such notification, EPAmay modifythe scope ofdocuments required to be produced. Please be advised that under Section 113(a) ofthe Act, failure to provide the information required by this letter may result in an Orderrequiring compliance, an Order assessing an administrativepenalty, or a civil actionfor appropriate relief. In addition, Section 113(c) ofthe Act provides criminal penalties for knowingly making any false statements or omissionin any response required underthe Act. EPA may also seek criminal penalties from any person who knowingly alters, destroys, mutilates, conceals, covers up, falsifies, ormakes a false entry in any record, document, ortangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within thejurisdiction ofEPA or in relation to orcontemplation ofany such matter or case. See 18 U.S.C. § 1519 (2004). The information provided by you may be used by the United States in administrative, civil, orcriminal proceedings. You may, ifyou desire, assert a businessconfidentiality claim on behalfofRefEx coveringpart or all ofthe informationprovided to EPA in response to this letter. Any such claim to confidentiality must conform to the requirements set forth in 40 C.F.R. part 2, especially40 C.F.R. § 2.203. You are advised that certain information may be made available to the publicpursuant to 42 U.S.C. 

### §7414(c) and 40 C.F.R. § 2.301, notwithstanding a claim that such information is entitled to confidential treatment. Ifno claim ofconfidentiality is received with your reply, the information may be made available to the public without noticeto RefEx. The requirements ofthis letter are not subject to the Paperwork Reduction Act of 1980, 44 U.S.C. § 3501 etseq.

Page 3Dennis O'Meara Refrigerant Exchange, Inc.
Ifyou have any questions regarding this information request, please contact Joe Westersund ofmy staffat (415) 972-3841, orhave your attorney contact DanReich ofour Office ofRegional Counsel at (415) 972-3911. Sincerely, 

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Deborah Jordan Director, Air Division

Enclosures: Instructions and Definitions Statement ofCertification

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