[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Notices]
[Pages 24608-24609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08796]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On April 29, 2026, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Ohio in the lawsuit entitled United States v. The Kroger 
Co., Civil Action No. 26-cv-00421 (S.D. Ohio).
    The lawsuit seeks injunctive relief and civil penalties for 
violations of the Clean Air Act and its implementing regulations at 
grocery stores owned and operated by the Kroger Co. (``Kroger'') 
nationwide containing refrigerant appliances that use ozone-depleting 
substances. The violations relate to alleged failures to (1) adequately 
repair refrigerant leaks within 30 days following discovery of such 
leaks, or to prepare a plan to retrofit or retire the leaking appliance 
and complete all retrofit or retirement work within one year; and (2) 
keep refrigerant servicing records for at least three years. The 
proposed consent decree also requires Kroger to perform injunctive 
relief to address these violations and pay $2.5 million in civil 
penalties. Entering into and fully complying with the proposed consent 
decree would release Kroger from past civil liability for violations of 
Clean Air Act regulations at its refrigerant appliances.
    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. The Kroger Co., D.J. Ref. No. 90-
5-2-1-12428. All comments must be submitted no later than thirty (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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[[Page 24609]]

    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter.
    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the proposed Consent Decree, you may request assistance by 
email or by mail to the addresses provided above for submitting 
comments.

Ruben Gomez,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2026-08796 Filed 5-5-26; 8:45 am]
BILLING CODE 4410-15-P