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

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Published

January 13, 2022

Issuing agencies

Justice Department

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<title>Federal Register, Volume 87 Issue 9 (Thursday, January 13, 2022)</title>
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[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2184-2185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00624]


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DEPARTMENT OF JUSTICE


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

    On January, 7, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Texas in the lawsuit entitled United States of America v. 
Derichebourg Recycling USA, Inc., Civil Action No. 22-cv-00060.
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency, filed a Complaint alleging violations 
at three of Defendant's scrap metal recycling facilities in Texas of 
the Clean Air Act's Recycling and Emission Reduction regulations, 40 
CFR part 82, which were promulgated pursuant to the Clean Air Act's 
title VI stratospheric ozone protection provisions (``Title VI''), 42 
U.S.C. 7671-7671q,. In the Complaint, the U.S. alleges that the company 
violated title VI of the Clean Air Act and the regulations promulgated 
thereunder by failing to ensure that any refrigerant contained in the 
appliances and motor vehicles it accepted for recycling was

[[Page 2185]]

properly recovered. Specifically, the United States alleges that 
Defendant accepted appliances and motor vehicles that contained (or 
once contained) refrigerant and failed to either recover the 
refrigerant or ensure that it had been properly recovered, as required.
    Under the proposed settlement, the Defendant agrees to pay 
$442,500.00 in civil penalties and perform certain injunctive relief to 
ensure that all ten of its facilities in Texas and Oklahoma are 
operating in compliance with applicable federal laws and regulations.
    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 of America v. Derichebourg Recycling 
USA, Inc., D.J. Ref. No. 90-5-2-1-12352. 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............................  <a href="/cdn-cgi/l/email-protection#11616473727e7c7c747f653c7474623f747f6375516462757e7b3f767e67"><span class="__cf_email__" data-cfemail="cdbdb8afaea2a0a0a8a3b9e0a8a8bee3a8a3bfa98db8bea9a2a7e3aaa2bb">[email&#160;protected]</span></a>.
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 proposed Consent Decree may 
be examined and downloaded at this Justice Department website: <a href="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $15.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-00624 Filed 1-12-22; 8:45 am]
BILLING CODE 4410-15-P


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