[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Page 57764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23778]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on September 7, 2011, a proposed 
Consent Decree (``Decree'') in United States v. PSC Metals, Inc., Civil 
Action No. 1:11-cv-01886, 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 PSC Metals, 
Inc. (``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 $199,000. The Decree also requires Defendant to 
implement the following measures at all eleven (11) of its scrap yards 
in Ohio: (1) Purchase equipment to recover refrigerant or contract for 
such services and provide for such recovery at no additional cost; (2) 
no longer accept small appliances, motor vehicle air conditioners 
(``MVACs''), or MVAC-like appliances with cut lines unless the supplier 
can provide appropriate written verification (e.g., that all 
refrigerant that had not leaked previously was properly evacuated); (3) 
require its suppliers to use the verification statement provided in 
Appendix B that contains the information required by the regulations, 
unless it has an existing written agreement with that supplier 
regarding verification; and (4) keep a refrigerant recovery log to 
document details regarding refrigerant that is recovered by Defendant 
in the form provided in Appendix A. If Defendant stops accepting small 
appliances, MVACs and MVAC-like appliances for recycling, it shall be 
subject to stipulated penalties.
    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. PSC Metals, Inc., D.J. Ref. 90-5-2-1-09606. The Decree 
may be examined at the Office of the United States Attorney, Northern 
District of Ohio, 801 West Superior Avenue, Suite 400, Cleveland, OH 
44113 (contact Assistant U.S. Attorney Steven Paffilas, (216) 622-
3698)) and 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 $7.50 (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. 2011-23778 Filed 9-15-11; 8:45 am]
BILLING CODE 4410-15-P