The Consent Decree resolves violations of the Recycling and Emissions Reduction regulations at three of Derichebourg's Texas facilities. Derichebourg failed to either (1) recover refrigerant from appliances and motor vehicle air conditioners (MVACs) before disposal as required, or (2) verify from the supplier of the item that the refrigerant had been properly recovered prior to delivery by using signed statements or contracts as required.
The settlement will require the company to pay a civil penalty of $442,500 and implement compliance measures at ten facilities in Texas and Oklahoma. Under the settlement, Derichebourg will be required to implement a Refrigerant Recovery Management Program at its ten U.S. facilities; provide notice to its suppliers that all refrigerant, if not being recovered by Derichebourg, must be recovered properly from appliances and motor vehicle air conditioners; reject any appliance or vehicle where there is evidence of unlawful refrigerant venting; and provide an educational handout to its customers on compliant handling of refrigerant-containing items. Derichebourg is also required to complete an environmental mitigation project that involves ensuring the destruction of all R-12 refrigerant that Derichebourg collects at its ten facilities for the duration of the consent decree.
The settlement is expected to reduce emissions of refrigerants including R-12, R-22, R-134a, and R-410a. Some of these refrigerants are ozone-depleting substances an