EPA v. BEREA METALS AND RECYCLING

Case summary

U.S. EPA Region 5 issued an Administrative Consent Order (ACO) to Berea Metals and Recycling and Butternut Auto to address violations of the Clean Air Act (CAA). On March 2, 2020, EPA issued to Berea a Finding of Violation (FOV) pertaining to two of its scrap metal recycling facilities in Brook Park and Elyria, Ohio. The FOV alleged that Berea 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 Berea, in violation of regulations found at 40 CFR 82.155. The ACO requires Berea Metals and Recycling and Butternut Auto 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 both facilities empty of refrigerant, notification to customers about proper refrigerant recovery, and documentation of compliance. Berea Metals and Recycling's refrigerant recovery program is estimated to recover approximately 228 lbs of ozone-depleting and substitute refrigerants per year per participating facility. The CAFO requires Berea to pay a penalty of $25,000 and resolves the FOV issued to Berea on March 2, 2020.

Defendants (1)

• BEREA METALS AND RECYCLINGNamed in complaintNamed in settlement

Facilities (1)

• BEREA METALS AND RECYCLING

  5201 W 164TH, BROOK PARK, OH, 44142

  Registry ID: 110070560908

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• BEREA METALS AND RECYCLINGentered 2021-04-09

  Primary law: CAA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2021-04-09Complaint Filed/Proposed Order
• 2021-04-09Final Order Issued
• 2021-04-19Enforcement Action Data Entered