[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Page 76762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31486]



Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on December 2, 2011, a proposed Consent 
Decree (``Decree'') in United States v. Jack M. Levine & Son, Inc., 
Civil Action No. 1:11-cv-00480-CAB, 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 Jack M. 
Levine & Son, Inc. (``Defendant'') relating to Defendant's Cleveland, 
Ohio facility (``Facility''). The Complaint alleged that Defendant 
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 $3,500 based upon ability to pay. The Decree also 
requires Defendant to implement the following measures at the Facility: 
(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 A 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 B.
    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 emailed 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. Jack M. Levine & Son, Inc., D.J. Ref. 90-5-2-1-09789. 
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 emailing 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 $6.50 (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. 2011-31486 Filed 12-7-11; 8:45 am]