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2006-2005 Enforcement Actions Under Title VI of the Clean Air Act

December 4, 2006: Tween Brands Inc. (formerly known as Too Inc.) to Pay a Settlement of $109,849 Over Alleged Sale of Banned Products Containing Ozone-Depleting Substances
The U.S. Environmental Protection Agency announced a settlement with Tween Brands Inc. over allegations that the company sold, or offered to sell, plastic party streamers propelled by ozone-depleting chlorofluorocarbons (CFCs). The Environmental Protection Agency's stratospheric ozone regulations prohibit the sale, distribution, or offer for sale or distribution into interstate commerce, of certain nonessential products containing CFCs and hydrochlorofluorocarbons (HCFCs).
October 4, 2006: Archer Daniels Midland Co. to Pay a Settlement of $325,000 Over Alleged Refrigerant Leak Repair Violations
The U.S. Environmental Protection Agency announced a settlement with Archer Daniels Midland Co. (ADM) over allegations that the company's grain processing plant in Decatur, IL violated the Environmental Protection Agency's refrigerant leak repair regulations. EPA alleges that ADM failed to track leaks of chlorofluorocarbon (CFC) refrigerant from chillers at its industrial process facility.
October 4, 2006: Three Bay Area Auto Repair Shops Pay a Collective $35,000 Over Alleged Clean Air Act Violations
The U.S. Environmental Protection Agency announced a settlement with three automobile repair shops in California's bay area over allegations that each shop violated the service technician certification requirements of the Clean Air Act. Hayward Ford of Hayward, South City Motors of South San Francisco and Broadway Motors of Oakland failed to employ Section 609 EPA-certified service technicians. To settle these allegations, Hayward Ford has agreed to pay a $10,000 penalty; South City Motors has agreed to pay a $20,000 penalty; and Broadway Motors has agreed to pay a $5,416 penalty.
October 4, 2006: American Greeting Corp. to Pay a Settlement of $84,854 Over Alleged Sale of Banned Products Containing Ozone-Depleting Substances
The U.S. Environmental Protection Agency announced a settlement with American Greetings Corp. over allegations that the company sold, or offered to sell, plastic party streamers propelled by ozone-depleting chlorofluorocarbons (CFCs). The Environmental Protection Agency's stratospheric ozone regulations prohibit the sale, distribution, or offer for sale or distribution in interstate commerce, of certain nonessential products containing CFCs and hydrochlorofluorocarbons (HCFCs).
August 7, 2006: New York City Transit Authority to Pay a Settlement of $165,000 over Alleged Leaks of CFCs
The U.S. Environmental Protection Agency announced a settlement with New York Transit Authority over allegations that the upkeep of "Redbird" subway cars violated Environmental Protection Agency stratospheric ozone regulations. The 2004 complaint alleged that on a number of occasions, dating from 1998, the New York Transit Authority failed to maintain service records and repair leaks of the Redbird subway car air-conditioning systems.
May 8, 2006: EPA Reaches Agreement with a National Baking Company to Reduce Emissions of Stratospheric Ozone-Depleting Refrigerants
The Department of Justice and the U.S. Environmental Protection Agency announced a settlement with Chicago-based Newly Weds Foods, Inc. over allegations that the company violated EPA regulations regarding industrial refrigerant leak repair, testing, recordkeeping and reporting. Newly Weds Foods, Inc. owns and operates facilities in Chicago, IL; Watertown MA; Cleveland, TN; Gerald, MO; Horn Lake, MS; Bethlehem, PA; Springdale, AK; and Modesto, CA. Per the agreement, Newly Weds Foods, Inc. will retrofit or retire all of its 39 industrial refrigeration equipment systems in the United States that are designed to hold more than 50 pounds of HCFC refrigerants with systems that use only non­ozone-depleting refrigerant substitutes by July 1, 2008. The company will also pay a civil penalty of $125,000 for alleged past violations of the ozone-depleting refrigerant leak repair provisions.
August 4, 2005: New Jersey Businessmen Convicted in Scheme to Evade $1.9 Million in Taxes on the Sales of Ozone-Depleting Substances
Dov Shellef and William Rubenstein were convicted of conspiring to evade approximately $1.9 million in excise taxes due on the sales of CFC-113. The importation of the ozone-depleting solvent has been banned under the Clean Air Act since 1996. The IRS imposed an excise tax on the domestic sales of CFCs in an effort to discourage the continued use of chlorofluorocarbons and promote the use of non-ODS substitutes. Shellef and Rubenstein were convicted of multiple counts of wire fraud, tax evasion, subscribing to false tax returns, and money laundering.
May 31, 2005: EPA Reaches Agreement with W.W. Grainger, Inc. over the Sale of Banned Products Containing Ozone-Depleting Substances
U.S. Environmental Protection Agency has reached an agreement with W.W. Grainger Inc. to settle allegations that the facilities maintenance supply company distributed banned productions made with the ozone-depleting substance, HCFC-141b. EPA assessed a $177,156 penalty for the violations that apply to Grainger's business headquartered in Lake Forest, Illinois.
May 2, 2005: EPA Reaches Agreement with DuPont Over Alleged Refrigerant Leak Repair Violations
The Department of Justice and the U.S. Environmental Protection Agency announced a settlement with Delaware-based DuPont to resolve alleged refrigerant leak repair violations at DuPont's titanium dioxide manufacturing facility in New Johnsonville, Tennessee. DuPont will perform injunctive relief valued at $1.1 million, pay $250,000 in civil penalties, and perform a Supplemental Environmental Project valued at $1.2 million. This settlement will prevent the release of over 20,000 pounds of ozone-depleting refrigerants into the environment each year.
April 22, 2005: EPA Reaches Agreement with Fort James Operating Company Over Alleged Refrigerant Leak Repair Violations
U.S. Environmental Protection Agency Region 5 has reached an agreement with Fort James Operating Co. over alleged violations of EPA refrigerant leak repair regulations at the company's Green Bay, Wisconsin pulp and paper mill. EPA assessed a $14,500 penalty, and Fort James agreed to complete a $43,500 environmental project to convert two refrigeration units at its mill to refrigerants that are less damaging to the stratospheric ozone layer.
April 12, 2005: EPA Reaches Agreement with Strong Steel Products, LLC Over Alleged Appliance Disposal Violations
The U.S. Environmental Protection Agency reached an agreement with Strong Steel Products LLC to settle alleged violations of EPA regulations to protect stratospheric ozone at the company's scrap metal processing plant in Detroit, Michigan. Strong Steel has agreed to a $500,000 penalty, and will build an auto processing facility to remove refrigerant from motor vehicle air-conditioners prior to disposal.
February 22, 2005: EPA Fines the University of California for Refrigerant Leak Repair Violations
The U.S. Environmental Protection Agency reached a $118,404 settlement with the University of California over violations of the refrigerant leak repair regulations. The civil penalty stems from ozone-depleting refrigerant leak repair violations identified during inspections of U.C.'s Berkeley and Davis campuses in 2002.
February 9, 2005: U.S. reaches agreement with Jewel Food Stores
The U.S. Department of Justice and the Environmental Protection Agency reached an agreement with Jewel Food Stores, Inc. of Chicago, Illinois to resolve alleged violations of EPA refrigerant leak repair regulations. Jewel will pay a civil penalty of $100,000 and take steps that will prevent the future release of over 145,000 pounds of ozone-depleting refrigerant. Jewel has agreed to covert 37 of its supermarkets in and around Chicago with systems that use non-ozone-depleting refrigerants. The company also committed to construct all new stores with refrigeration systems that use non-ozone-depleting refrigerants.

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