The Kroger Company

Under the proposed consent decree filed with the U.S. District Court for the Southern District of Ohio, Kroger will: - Spend an estimated $100 million over three years to retrofit or replace 600 large commercial refrigeration systems - Implement a refrigerant management system to prevent and repair coolant leaks - Maintain a corporate-wide average leak rate of no more than 9.5% per year - Pay a $2.5 million civil penalty The settlement is subject to a 30-day public comment period.

The Department of Justice announced a proposed settlement with The Kroger Company resolving alleged Clean Air Act violations at its grocery stores nationwide. Kroger failed to promptly repair leaks of the ozone-depleting refrigerant R-22 (a hydrochlorofluorocarbon or HCFC) between 2014 and 2023 at its stores, and failed to keep adequate refrigeration service records.

Kroger violated Clean Air Act regulations requiring prompt repair of commercial refrigeration equipment leaks of ozone-depleting substances. The company used R-22, a powerful HCFC refrigerant, in its grocery store refrigeration systems across the country. Kroger failed to fix leaks in a timely manner and did not maintain proper documentation of refrigeration service and maintenance activities. The violations span approximately 10 years and involve hundreds of store locations nationwide.