[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Page 38550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16099]



Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on June 28, 2010, a proposed Consent 
Decree (``Decree'') in United States v. West Side Metals Corp., Civil 
Action No. 1:10-cv-01427, 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 West Side 
Metals Corp. (``Defendant'') relating to Defendant's Cleveland, Ohio 
facility (``Facility''). The Complaint alleges that Defendant 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 $10,000 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, et al. v. West Side Metals Corp., D.J. Ref. 90-5-2-1-
09619. 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 email 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. 2010-16099 Filed 7-1-10; 8:45 am]