Enforcement Actions Under Title VI of the Clean Air Act

EPA has issued several regulations under Title VI of the Clean Air Act designed to protect the ozone layer and to provide for a smooth transition away from ozone-depleting substances.

EPA is also charged with enforcing these regulations. This page features information about enforcement actions, ranging from civil fines to criminal prosecutions. The Stratospheric Protection Division doesn't actually enforce the regulations; enforcement is performed within EPA by the Office of Enforcement and Compliance Assurance.

1. No information is presented here about ongoing investigations;
2. Even for completed cases, this page represents only the most major cases; and
3. Information comes from a variety of organizations, so it is not always formatted consistently.

If you suspect or witness unlawful releases of refrigerant or other violations of the Clean Air Act regulations, you can file a report easily and anonymously by visiting EPA's Office of Enforcement and Compliance Assurance website. EPA also has a new page to enlist the public and other law enforcement agencies in tracking down fugitives accused of violating environmental laws, including smuggling ozone-depleting substances, and evading arrest.

2009-2007 | 2006-2005 | 2004-2003 | 2002-2001 | 2000-1999 | 1998-1997 | Earlier

November 23, 2009: Kroy Corporation and James Garrido Plead Guilty to Illegal Smuggling of HCFC-22

James Garrido and Kroy Corporation each pled guilty to three counts of knowingly importing illegal HCFC-22 in violation of the provisions of the Clean Air Act. In all, from 2007 to April 2009, Kroy and Garrido illegally imported approximately 1,418,654 kilograms of restricted HCFC-22 in eleven separate shipments.  Defendant Garrido faces a possible statutory maximum term of imprisonment of 20 years and a fine of $250,000 on each count. The statutory maximum fine for Kroy Corporation is $500,000 per count. Garrido also faces a term of supervised release of three years per count of conviction, while Kroy Corporation may be placed on probation for up to five years per count.

November 4, 2009: A and B Metal Recycling agrees to EPA order; will comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to A & B Metal Recycling to comply with EPA regulations designed to protect the stratospheric ozone layer. A & B has agreed to recover ozone-depleting refrigerants from each appliance and motor vehicle air conditioner that it accepts or to verify that the refrigerants have been recovered according to EPA regulations. The company will keep a log of the details of refrigerant recovery.

November 2, 2009: Three Minnesota Companies Agree to comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued administrative consent orders to to three Minnesota scrap metal recycling companies – Leroy Iron and Metal Division of Behr Iron, Alter Trading Corp. and Timm’s Auto Salvage. The companies have agreed, among other things, to recover ozone-depleting refrigerants from each appliance and motor vehicle air conditioner that they accept or to verify that the refrigerants have been recovered according to EPA regulations. The companies will keep logs of the details of refrigerant recovery.

October 22, 2009: Illinois company agrees to EPA order: will comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to Cleveland Corp. to comply with EPA regulations designed to protect the stratospheric ozone layer. EPA cited Cleveland Corp. last November alleging the company was in violation of federal regulations because it did not recover refrigerants and did not obtain proper verification statements from suppliers of small appliances.

October 22, 2009: Toy's Scrap and Salvage agrees to EPA order; will comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to Toy's Scrap and Salvage Corp. to comply with EPA regulations designed to protect the stratospheric ozone layer. Toy's has agreed, among other things, to contract with third parties to properly recover any remaining ozone-depleting refrigerant from each small appliance and motor vehicle air conditioner it accepts or to verify that the refrigerant has been properly removed. The company will keep a log of the details of refrigerant recovery.

October 21, 2009: Milwaukee company agrees to EPA order; will comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to Midwest Iron and Metal to comply with EPA regulations designed to protect the stratospheric ozone layer. EPA cited Midwest Iron and Metal in February alleging the company was in violation of federal regulations because it did not recover refrigerant and did not obtain proper verification statements from suppliers of small appliances.

October 21, 2009: Five Cleveland companies agree to EPA orders to comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued administrative consent orders to five Cleveland, Ohio, scrap metal recycling companies - All City Recycling Inc., JBI Scrap Processors Inc., Brookside Auto Parts Inc., All Scrap Salvage Co. Inc., and Aetna Recycling. The companies agreed, among other things, to take steps to ensure that the refrigerants in all appliances they process have been recovered according to EPA regulations. The companies will be responsible for recovering the refrigerant from the appliances they accept for recycling.

October 19, 2009: BASF Corporation Agrees to Clean Air Act Upgrades to Protect Stratospheric Ozone

BASF Corporation has agreed, under a Clean Air Act settlement, to reduce the use of refrigerant chemicals that destroy the earth’s stratospheric ozone layer. The company will spend more than an estimated $250,000 to retrofit one refrigeration unit that currently uses HCFCs, replacing them with environmentally-friendly alternatives, and will either retrofit or retire two other units. BASF will also pay a civil penalty of $384,200 to resolve allegations that the company violated Clean Air Act regulations by preventing excessive leaks of ozone-depleting refrigerants from industrial coolers at BASF’s plants.

October 6, 2009: EPA reaches agreement with Metal Recycling Systems on clean-air violations 

U.S. Environmental Protection Agency Region 5 has reached an agreement with Metal Recycling Systems Inc. on alleged clean-air violations at the company’s scrap recycling facility. The agreement, which includes a $30,000 penalty and an environmental project costing $30,000, resolves EPA allegations that MRS failed to comply with EPA regulations designed to protect the stratospheric ozone layer. In March 2008, EPA cited MRS for failing to recover or to verify recovery of ozone-depleting refrigerants from small appliances that it accepted and processed at its facility. EPA discovered the alleged violations during a January 2008 facility inspection and a subsequent request for information.

August 13, 2009: Auto and Scrap Recyclers agrees to EPA order to comply with Clean Air Act

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to Auto and Scrap Recyclers to comply with EPA regulations designed to protect the stratospheric ozone layer at the company's scrap metal recycling facility. EPA cited Auto and Scrap last December for alleged violations of EPA regulations requiring recovery of ozone-depleting refrigerants from small appliances before they are recycled.

July 16, 2009: Midway Iron agrees to EPA order to comply with federal rules to protect stratospheric ozone

U.S. Environmental Protection Agency Region 5 has issued an administrative consent order to Midway Iron and Metals Inc. to comply with EPA regulations designed to protect the stratospheric ozone layer.  EPA alleges that Midway Iron accepted small appliances and motor vehicle air conditioning units and crushed them without properly verifying that ozone-depleting chlorofluorocarbon refrigerants were removed before they were crushed and sent for recycling. Midway agrees, among other things, to begin recovering any remaining refrigerant from each appliance and motor vehicle air conditioning unit or to verify that the refrigerant has been previously removed from the appliances.

December 1, 2008: PVC Manufacturers Agree to Reduce Air Pollutants and Strengthen Control of Hazardous Wastes

Shintech, Inc. and its subsidiary K-Bin, Inc., have agreed in a settlement by the Justice Department and EPA to spend $4.8 million to comply with the Clean Air Act and the Resource Conservation and Recovery Act (RCRA) at their manufacturing facilities in Freeport, Texas. The companies’ actions will reduce harmful chlorofluorocarbon emissions and improve hazardous waste management at these facilities beyond the requirements imposed by environmental laws. The companies also have agreed to pay a $2.585 million civil penalty to resolve environmental violations under the Clean Air Act, RCRA, and the Clean Water Act, and to perform $4.7 million worth of supplemental environmental projects.

August 19, 2008: EPA fines Imperial Toy for selling ozone-depleting novelty confetti string product

The U.S. Environmental Protection Agency recently fined Imperial Toy LLC, located in North Hills, CA, $66,180 for selling "Spray-A-String," which contained R-22, an ozone-depleting substance.

July 8, 2008: Bristol-Myers Squibb agrees to Clean Air Act upgrades

Bristol-Myers Squibb, an international pharmaceutical manufacturer, has agreed to reduce the output of ozone-depleting refrigerants at multiple industrial facilities around the country at a combined cost of $3.65 million to resolve violations of the Clean Air Act.

March 18, 2008: EPA reaches agreement with Kerry on clean-air violations

U.S. Environmental Protection Agency Region 5 has reached an agreement with Kerry Inc. on alleged violations of EPA regulations to protect stratospheric ozone at the company's bread crumb manufacturing plant in Millstadt, Ill. The agreement, which includes a $169,822 penalty and an $811,097 environmental project, resolves EPA allegations that Kerry failed to repair refrigeration equipment that leaked excessive amounts of ozone-depleting chlorofluorocarbons, or CFCs. In addition, EPA said the company violated testing, notification, retrofitting, replacement and retirement planning requirements for the equipment.

November 19, 2007: U.S. EPA Fines Air Conditioning Service Company for the Illegal Import of HCFC-22

The U.S. Environmental Protection Agency fined JWS Refrigeration & Air Conditioning, Ltd., a Tamuning, Guam refrigeration and heating equipment services company, $53,481 for allegedly importing banned refrigerants in violation of the Clean Air Act. The company allegedly imported 25,402 kg of hydrochlorofluorocarbon (HCFC)-22 or R-22, an ozone-depleting substance, from sources outside the United States, in violation of the stratospheric ozone protection regulations.

October 10, 2007: U.S. EPA Fines Industrial Bakery for Refrigerant Leak Repair Violations

A baking company in Malden, Mass. has agreed to pay a fine of $50,000 for Clean Air Act Violations and will spend $25,000 to purchase renewable energy credits. Piantedosi Baking Company, a manufacturer of bread products, owns and operates two facilities in Malden, Mass. EPA inspected the two facilities to evaluate the company’s compliance with the federal stratospheric ozone protection regulations. EPA found that Piantedosi had failed to document the type of repairs that were conducted on its refrigeration equipment and failed to document that leak repair verification tests had been performed.

October 1, 2007: U.S. EPA settles with Carrier Guam for $63,922 for illegal importation of ozone-depleting substances

The U.S. Environmental Protection Agency reached a settlement with Carrier Guam, of Tamuning, a refrigeration and heating equipment services company, for allegedly importing 32,356 kilograms of hydrochlorofluorocarbon refrigerants regulated by the Clean Air Act. A May 2006 inspection by the Guam EPA, in consultation with the U.S. EPA, identified the alleged violations of the stratospheric ozone protection regulations committed by Carrier Guam.

July 10, 2007: Target Corporation to Pay Fine for Violating Clean Air Act

The United States Environmental Protection Agency (EPA) announced today that Target Corporation will pay a civil penalty of $120,000 for distributing and selling Horrible Spooky String; a children's product containing ozone-depleting substances in violation of the Clean Air Act. EPA had previously ordered five national retail chains to pull from their shelves cans of illegally imported confetti string products that contain banned hydrochlorofluorocarbons (HCFCs). These substances deplete the earth's protective stratospheric ozone layer and increase the risk of skin cancer. Millions of cans of these novelty items, many imported from other countries and known by various names such as Horrible Spooky String, Zany String, Crazy String, and Party Streamer, etc., have been sold illegally in the United States.

April 5, 2007: Rolls Royce Corporation to Pay a Settlement Over Alleged Industrial Process Refrigeration Leak Repair Violations

The U.S. Environmental Protection Agency has reached an agreement with Rolls Royce Corp. on alleged clean-air violations at the company's helicopter engine manufacturing plant in Indianapolis, Indiana. The agreement, which includes an $18,329 penalty, resolves EPA allegations that Rolls Royce violated federal regulations to protect the stratospheric ozone layer by failing to follow proper repair and recordkeeping procedures for three pieces of industrial process refrigeration equipment that contained ozone-depleting hydrofluorocarbon refrigerant, R-22.

2009-2007 | 2006-2005 | 2004-2003 | 2002-2001 | 2000-1999 | 1998-1997 | Earlier