EPA v. DEM-CON METAL RECYCLING - APO/CAFO

Case summary

U.S. EPA Region 5 issued a Consent and Final Order (CAFO) and an Administrative Consent Order (ACO) to Dem-Con Metal Recycling (Dem-Con) to address violations of the Clean Air Act (CAA). On 12/21/2020, EPA issued to Dem-Con a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Shakopee, Minnesota. The FOV alleged that Dem-Con 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 Dem-Con, in violation of regulations found at 40 CFR 82.155. The ACO requires Dem-Con 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. Dem-Con's refrigerant recovery program is estimated to recover approximately 1,721 lbs of ozone-depleting and substitute refrigerants per year per participating facility. The CAFO requires Dem-Con to pay a penalty of $140,000.

Defendants (1)

• DEM-CON METAL RECYCLINGNamed in complaintNamed in settlement

Facilities (1)

• DEM-CON METAL RECYCLING

  13142 DEM-CON DRIVE, SHAKOPEE, MN, 55379

  Registry ID: 110070551371

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• DEM-CON METAL RECYCLING - APO/CAFOentered 2023-09-26

  Primary law: CAA

  Federal penalty: $140,000

Timeline (3 milestones)

• 2023-09-26Enforcement Action Data Entered
• 2023-09-26Complaint Filed/Proposed Order
• 2023-09-26Final Order Issued