August 7, 2009


With the new push for car owners to trade in their old cars under the “Cars for Clunkers” program, special care needs to be taken with the scrap vehicles and their components that may be subject to regulation under certain environmental laws.


The U.S. Environmental Protection Agency (EPA) Region 5 has jurisdiction over Clean Air Act violations that occur in the State of Minnesota.  Companies that are subject to regulation may be inspected by federal, state and local authorities.  The Region 5 August 3, 2009 Weekly Activity Report summarizes the following enforcement action recently taken against a St. Paul, Minnesota scrap yard.


EPA’s Region 5 reports the following:


“On June 16, 2009, U.S. EPA Region 5 signed an agreement with Midway Iron.  This enforcement action was part of Region 5’s targeted enforcement of scrap yards in the Minneapolis/St. Paul, Minnesota metropolitan area for compliance with the Clean Air Act refrigerant recovery requirements at scrap yards.  Midway owns and operates a scrap metal recycling facility in St. Paul, Minnesota.  From September 1, 2007 to September 30, 2008 it processed an estimated 12,000,000 pounds of crushed automobiles without recovering refrigerant or verifying the recovery of refrigerant.  In addition to complying with the Clean Air Act refrigerant recovery regulations Midway agreed to reject appliances with cut lines or where individuals identified themselves as the person responsible for refrigerant recovery. Additionally, it agreed to provide U.S. EPA with copies of verification statements it accepts and information on loads it has rejected over a two year period.”


At Hessian & McKasy P.A., the lawyers in the Environmental Law Attorney Practice Group assist clients in determining their compliance status and provide advice as to which laws and regulations apply to operations.  Our environmental attorneys work with clients to develop audit and compliance programs to address ongoing compliance matters.  For more information about our services, please see:


The views expressed here are my own and do not reflect the views of my employer, Hessian & McKasy. P.A.


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