[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25045-25046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08927]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On April 21, 2022, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Massachusetts, in a lawsuit entitled United States v. Schnitzer
Steel Industries, Inc., Civil Action No. 1:22-cv-10604.
The United States filed this lawsuit under Section 113(b) of the
Clean Air Act (``CAA''), 42 U.S.C. 7613(b). The Complaint seeks civil
penalties, injunctive relief, and mitigation for violations of Title V
of the CAA, 42 U.S.C. 7671-7671q, and its implementing regulations at
40 CFR part 82, subpart F, designed to protect stratospheric ozone from
the effects of refrigerant emissions, at 40 metal recycling facilities
throughout the United States owned and operated by Schnitzer. The
alleged violations include, among other things, (a) failing to recover
refrigerants from small appliances, motor vehicle air conditioners
(``MVACs''), and MVAC-like appliances (collectively, ``appliances'')
prior to recycling; (b) failing to verify that all refrigerants had
been properly recovered from appliances prior to their delivery to
Schnitzer's facilities; and (c) accepting signed refrigerant recovery
statements or contracts from scrap material suppliers knowing or having
reason to know they were false.
Under the proposed consent decree, Schnitzer will pay the United
States a civil penalty of $1,550,000, plus interest, and implement
compliance measures at all 40 facilities worth over $1,700,000. For
example, the decree requires Schnitzer to, among other things,
implement an EPA-approved refrigerant recovery management program
(``RRMP''), including the provision of refrigerant recovery services,
screening procedures for scrap appliances and vehicles, and related
employee training. The decree also requires Schnitzer to perform a
mitigation project involving the destruction of all R-12 refrigerant
recovered from scrap appliances at its 40 facilities. R-12, which
contains chlorofluorocarbons (CFCs), has a global warming potential
10,000 times that of carbon dioxide.
The publication of this notice opens a period for public comment on
the proposed consent decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Schnitzer Steel Industries, Inc.,
D.J. Ref. No. 90-5-2-1-12074. All comments must be submitted no later
than 30 days after the publication date of this notice. Comments may be
submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. Paper copies of the consent
decree are available upon written request and payment of reproduction
costs. Such requests and payments should be
[[Page 25046]]
addressed to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
With each such request, please enclose a check or money order for
$9.75 (25 cents per page reproduction cost) per paper copy, payable to
the United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-08927 Filed 4-26-22; 8:45 am]
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