[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Page 23278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9268]



[[Page 23278]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on April 12, 2012, a proposed Consent 
Decree (``Decree'') in United States v. South East Metals, Inc., Civil 
Action No. 1:11-cv-00751, 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 South East 
Metals, Inc., d/b/a Southeast Metals (``Defendant'') relating to 
Defendant's Bedford Heights, 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 
Complaint also alleges that Defendant failed to respond to an 
information request issued pursuant to Section 114 of the CAA, 42 
U.S.C. 9614. The Consent Decree provides for a civil penalty of $15,000 
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. South East Metals, Inc., D. J. Ref. 90-5-2-1-09775. 
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 ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. 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 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. 2012-9268 Filed 4-17-12; 8:45 am]
BILLING CODE 4410-15-P