“Compliance with the Clean Air Act protects human health,” said Adam Gustafson, principal deputy assistant attorney general of the Justice Department’s Environment and Natural Resources Division (ENRD). “Fixing leaks of ozone-depleting refrigerants makes a real difference in protecting all Americans from the harmful effects of solar radiation.”

The settlement resolves Kroger’s failure to promptly repair refrigerant equipment leaks of the refrigerant R-22 between 2014 and 2023. According to the DOJ, Kroger also failed to keep adequate refrigeration service records.

If entered by the court, the settlement requires Kroger to retrofit or replace 600 large commercial refrigeration systems at its stores to reduce ozone-depleting emissions. Kroger must also implement a refrigerant management system to help prevent and repair coolant leaks and keep its corporate-wide average leak rate to no more than 9.5% per year.

The consent decree was filed with the U.S. District Court for the Southern District of Ohio and is subject to a 30-day public comment period.

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