EPA v. FRANKLIN IRON AND METAL CORP - ACO

Case summary

U.S. EPA Region 5 issued an Administrative Consent Order (ACO) to Franklin Iron and Metal Corp. (Franklin) to address violations of the Clean Air Act (CAA). On May 17, 2019, EPA issued to Franklin a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Dayton, Ohio. The FOV alleged that Franklin accepted for recycling motor vehicles and small appliances such as refrigerators and room air conditioners that contained or once contained ozone-depleting and substitute refrigerants without either recovering the refrigerant from the items or verifying that the refrigerant had been properly recovered prior to delivery to Franklin, in violation of regulations found at 40 CFR 82.155. The ACO requires Franklin to develop a refrigerant management plan which will include proper refrigerant recovery from intact appliances and motor vehicles, verification of proper refrigerant recovery from such items that arrive at Franklin's facility empty of refrigerant, notification to customers about proper refrigerant recovery, and documentation of compliance. Franklin's refrigerant recovery program is estimated to recover approximately 120 lbs of ozone-depleting and substitute refrigerants per year.

Defendants (1)

• FRANKLIN IRON AND METAL - ACONamed in complaintNamed in settlement

Facilities (1)

• FRANKLIN IRON AND METAL CORP.

  1939 EAST FIRST ST, DAYTON, OH, 45403

  Registry ID: 110028008885

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• FRANKLIN IRON AND METAL CORP - ACOentered 2019-11-15

  Primary law: CAA

Timeline (2 milestones)

• 2019-11-15Final Order Issued
• 2019-11-21Enforcement Action Data Entered