Region 9 submitted a referral alleging violations of CFC regulations at facilities in its region. The Defendant failed to properly perform leak repair and recordkeeping required under Title VI of the Clean Air Act (CAA) for the refrigeration equipment in its grocery stores. Specifically, regulations found at 40 CFR Part 82, Subpart F, Recycling and Emission Reductions require owner and operators of systems using ozone depleting substances (ODSs) to reduce the use and emission of ODSs to their lowest achievable level and maximize the recapture and recycling of such substances. In addition, the United States alleges the Defendant failed to provide a complete response to an information request, in violation of Section 114 of the CAA.
Under the settlement, the Defendant shall implement a refrigerant compliance management plan that provides for better management of refrigerant repairs and leaks. The plan includes several Next Generation Compliance tools such as advanced monitoring and electronic reporting. The Defendant must also achieve a company-wide average refrigerant leak rate that is at or below 12.1 percent in calendar years 2017, 2018, and 2019. At all new stores and major remodels, the Defendant must use only refrigerant that is non-ozone depleting and has a low global warming potential (GWP). The Defendant is also required to pay a penalty.