EPA v. SOUTHEAST METALS INC. (SB)

Case summary

U.S. EPA Region 5 entered into a Consent Decree (CD) with South East Metals, Inc. to resolve violations of the Clean Air Act (CAA). On August 11, 2008 , EPA issued to South East Metals a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Bedford Heights, OH. The FOV alleged that South East Metals 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 South East Metals, in violation of regulations found at 40 CFR 82.156. The monetary penalty was determined to be $2,250,000, but an inability to pay determination was made by the Department of Justice. Due to this inability to pay, the penalty was reduced to $15,000. The CD requires South East Metals or their agent to properly recover the refrigerant from vehicles and appliances it accepts for scrap recycling at its Bedford Heights facility. South East Metals' refrigerant recovery program is estimated to recover approximately 120 lbs of ozone-depleting refrigerants 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 60 large passenger vehicles from the road for one year.

Defendants (1)

• SOUTHEAST METALSNamed in complaintNamed in settlement

Facilities (1)

• ROB RYAN INCORPORATED

  5141 RICHMOND ROAD, CLEVELAND, OH, 44146

  Registry ID: 110037079700

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• SOUTHEAST METALS INC. (SB)entered 2012-05-31

  Primary law: CAA

  Federal penalty: $15,000

Timeline (8 milestones)

• 2009-06-18Referred To Dept Of Justice
• 2009-07-08Enforcement Action Data Entered
• 2010-08-04Supplemental Referral-Adding parties, counts
• 2011-04-19Complaint Filed With Court
• 2012-04-18Final Order Lodged
• 2012-05-31Final Order Entered
• 2018-01-15Enforcement Action Closed
• 2018-01-15Air Resolved