EPA v. COHEN RECYCLING - APO/CAFO

Case summary

EPA Region 5 entered into a Consent Agreement and Final Order (CAFO) for Cohen Brothers, Inc. (Cohen), with headquarters in Middletown, Ohio, to resolve violations regarding violations regarding the regulations for the Protection of Stratospheric Ozone found at 40 C.F.R. Part 82, Subpart F (Subpart F). Specifically, Cohen failed to reduce emissions of ozone depleting substances (ODS) and their substitutes by failing to recover refrigerants, or verify refrigerants were properly recovered, from appliances that it accepted for recycling at no fewer than seven of its scrap metal recycling facilities in Ohio and Kentucky. Cohen did not maintain work practices that are required by Subpart F to prevent the release of ODS and substitutes to the atmosphere. Region 5 conducted inspections of Cohen's facilities March 18-20, 2019, and pursued the enforcement action as the delegated authority for enforcement of Part 82 regulations nationwide. Region 5 entered into an ACO with Cohen on June 22, 2020, to implement work practices and policies to ensure compliance with the Subpart F regulations. The CAFO requires Cohen to pay a penalty of $106,000 in 12 monthly installments and resolves the FOV issued to Cohen on June 28, 2019.

Defendants (1)

• COHEN RECYCLINGNamed in complaintNamed in settlement

Facilities (8)

• COHEN BROTHERS INC - HAMILTON

  105 BLACK ST, HAMILTON, OH, 45012

  Registry ID: 110070490705

• COHEN BROTHERS INC - SHARONVILLE

  12175 READING RD, SHARONVILLE, OH, 45241

  Registry ID: 110070490709

• COHEN BROTHERS - VALLEY STREET CAR CRUSHING

  1787 VALLEY STREET, DAYTON, OH, 45404

  Registry ID: 110037436806

• COHEN BROTHERS WEST CARROLLTON

  5101 FARMERSVILLE-WEST CARROLLTON RD, MIAMISBURG, OH, 45342

  Registry ID: 110004616050

• COHEN BROTHERS INC - CINCINNATI

  4538 KELLOGG AVE, CINCINNATI, OH, 45226

  Registry ID: 110070490712

• WALTON RECYCLING INC

  13229 DIXIE HWY, WALTON, KY, 41094

  Registry ID: 110056983616

• COHEN RECYCLING - MOSKOWITZ BROTHERS INC

  5300 VINE ST, CINCINNATI, OH, 45217

  Registry ID: 110010623218

• WALTON RECYCLING INC

  13229 DIXIE HWY, WALTON, KY, 41094

  Registry ID: 110056983616

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• COHEN RECYCLING - APO/CAFOentered 2021-01-07

  Primary law: CAA

  Federal penalty: $106,000

Timeline (3 milestones)

• 2021-01-07Complaint Filed/Proposed Order
• 2021-01-07Final Order Issued
• 2021-01-25Enforcement Action Data Entered