EPA v. PSC METALS

Case summary

U.S. EPA Region 5 entered into a Consent Decree (CD) with PSC Metals, Inc. (PSC) to resolve violations of the Clean Air Act (CAA). On June 24, 2008, EPA issued to PSC a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Cleveland, Ohio. The FOV alleged that PSC accepted for recycling automobiles and small appliances such as refrigerators and room air conditioners that contained or once contained ozone-depleting refrigerants, without either recovering the refrigerant from the vehicles and appliances or verifying that the refrigerant had been properly recovered prior to sale to PSC, in violation of regulations found at 40 CFR 82.156. The CD requires PSC to obtain refrigerant recovery equipment and to properly recover the refrigerant from vehicles and appliances it accepts for scrap recycling at all 11 of its Ohio facilities. PSC's refrigerant recovery program is estimated to recover at least 200 pounds of ozone-depleting refrigerants per year, per facility, for a total of 2200 pounds of refrigerant per year. Since the refrigerants used in vehicle air conditioning systems and small appliances also are potent global-warming gases, these resolutions will, in addition to protecting the ozone layer, have the added benefit of reducing the emissions of greenhouse gases equivalent to removing approximately 1100 SUVs from the road for a year.

Defendants (1)

• PSC METALSNamed in complaintNamed in settlement

Facilities (1)

• PSC METALS, INC.

  4250 E 68TH ST, CLEVELAND, OH, 44105

  Registry ID: 110037078612

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• PSC METALSentered 2011-10-31

  Primary law: CAA

  Federal penalty: $199,000

Timeline (7 milestones)

• 2008-09-18Referred To Dept Of Justice
• 2008-09-30Enforcement Action Data Entered
• 2011-09-07Complaint Filed With Court
• 2011-10-31Final Order Lodged
• 2011-10-31Final Order Entered
• 2016-01-28Enforcement Action Closed
• 2016-01-28Air Resolved