[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Page 32210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13501]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on May 28, 2010, a proposed Consent 
Decree (``Decree'') in United States v. The Scrap Yard, LLC, d/b/a/
Cleveland Scrap, Civil Action No. 1:10-cv-01206, was lodged with the 
United States District Court for the Northern District of Ohio.
    In this action the United States, on behalf of the U.S. 
Environmental Protection Agency (``U.S. EPA''), sought penalties and 
injunctive relief under the Clean Air Act (``CAA'') against The Scrap 
Yard, LLC, d/b/a/Cleveland Scrap (``Defendant'') relating to 
Defendant's Cleveland, Ohio facility (``Facility''). The Complaint 
alleges that Cleveland Scrap has violated Section 608(b)(1) of the CAA, 
42 U.S.C. 7671g(b)(1) (National Recycling and Emission Reduction 
Program), and the regulations promulgated thereunder, 40 CFR part 82, 
subpart F, by failing to follow the requirement to recover or verify 
recovery of refrigerant from appliances it accepts for disposal. The 
Consent Decree provides for a civil penalty of $5,000 based upon 
ability to pay. The Decree also requires Defendant to (1) purchase 
equipment to recover refrigerant or contract for such services and 
provide such service at no additional cost; (2) no longer accept 
appliances with cut lines unless the supplier can provide appropriate 
verification that such appliances have not leaked; (3) require its 
suppliers to use the verification statement provided in appendix A; and 
(4) keep a refrigerant recovery log regarding refrigerant that it has 
recovered.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and either e-mailed 
to [email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. The Scrap Yard, LLC, d/b/a/Cleveland Scrap, D.J. Ref. 
90-5-2-1-09613. The Decree may be examined at U.S. EPA, Region 5, 77 
West Jackson Blvd., Chicago, IL 60604. During the public comment 
period, the Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $6.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-13501 Filed 6-4-10; 8:45 am]
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