Occidental Chemical Company and Vulcan Materials Company; Analysis of Agreement Containing Consent Order To Aid Public Comment, 34481-34483 [05-11746]
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Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05–11747 Filed 6–13–05; 8:45 am]
BILLING CODE 6750–01–C
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Jkt 205001
FEDERAL TRADE COMMISSION
[File No. 051 0009]
Occidental Chemical Company and
Vulcan Materials Company; Analysis of
Agreement Containing Consent Order
To Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
SUMMARY: The consent agreement in this
matter settles alleged violations of
Federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
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describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
Comments must be received on
or before July 2, 2005.
DATES:
Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Occidental
Chemical Company, et al., File No. 051
0009,’’ to facilitate the organization of
comments. A comment filed in paper
form should include this reference both
in the text and on the envelope, and
should be mailed or delivered to the
ADDRESSES:
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For Further Information Contact:
Sandra M. Peay, Contact Representative
or Renee Hallman, Case Management
Assistant, Federal Trade Commission,
Premerger Notification Office, Bureau of
Competition, Room H–303, Washington,
DC 20580, (202) 326–3100.
34481
34482
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
following address: Federal Trade
Commission/Office of the Secretary,
Room 159–H, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
Comments containing confidential
material must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with Commission
Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The
FTC is requesting that any comment
filed in paper form be sent by courier or
overnight service, if possible, because
U.S. postal mail in the Washington area
and at the Commission is subject to
delay due to heightened security
precautions. Comments that do not
contain any nonpublic information may
instead be filed in electronic form as
part of or as an attachment to e-mail
messages directed to the following email box: consentagreement@ftc.gov.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. All timely and responsive
public comments, whether filed in
paper or electronic form, will be
considered by the Commission, and will
be available to the public on the FTC
Web site, to the extent practicable, at
https://www.ftc.gov. As a matter of
discretion, the FTC makes every effort to
remove home contact information for
individuals from the public comments it
receives before placing those comments
on the FTC Web site. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: John
Warden, Room NJ–6129, (202) 326–
2147, or Susan Huber, Room NJ–6115,
(202) 326–3331, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 2.34 of the Commission
Rules of Practice, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
1 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See
Commission Rule 4.9(c), 16 CFR 4.9(c).
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Jkt 205001
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for June 3, 2005), on the
World Wide Web, at https://www.ftc.gov/
os/2005/06/index.htm. A paper copy
can be obtained from the FTC Public
Reference Room, Room 130–H, 600
Pennsylvania Avenue, NW.,
Washington, DC 20580, either in person
or by calling (202) 326–2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
should be filed as prescribed in the
ADDRESSES section above, and must be
received on or before the date specified
in the DATES section.
Analysis of Agreement Containing
Consent Order To Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, an Agreement
Containing Consent Orders (‘‘Consent
Agreement’’) from Occidental Chemical
Company (‘‘OxyChem’’) and Vulcan
Materials Company (‘‘Vulcan’’)
(collectively ‘‘Respondents’’). The
Consent Agreement is intended to
resolve anticompetitive effects
stemming from OxyChem’s proposed
acquisition of the chemical assets of
Vulcan. The Consent Agreement
includes a proposed Decision and Order
(‘‘Order’’) which requires Respondents
to divest Vulcan’s facility in Port
Edwards, Wisconsin and assets relating
to the research, development,
marketing, sales, and production of
chemicals produced at the facility
including chlorine, caustic soda
(sodium hydroxide), KOH (potassium
hydroxide), APC (anhydrous potassium
carbonate), and hydrochloric acid (‘‘Port
Edwards business’’). The Order calls for
divestiture of the Port Edwards business
to ERCO Worldwide (‘‘ERCO’’) or, in the
event the Commission requires recision
of such acquisition, another approved
buyer. The Consent Agreement also
includes an Order to Maintain Assets,
which requires Respondents to preserve
the Port Edwards business as a viable,
competitive, and ongoing operation
until the divestiture is achieved.
The Consent Agreement, if finally
accepted by the Commission, would
settle charges that OxyChem’s proposed
acquisition of Vulcan’s chemical assets
may have substantially lessened
competition in the markets for KOH,
potassium carbonate, and APC. The
Commission has reason to believe that
OxyChem’s proposed acquisition of
Vulcan’s Port Edwards business would
have violated Section 7 of the Clayton
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Act and Section 5 of the Federal Trade
Commission Act.
II. The Proposed Complaint
According to the Commission’s
proposed complaint, the relevant
product markets in which to analyze the
effects of OxyChem’s proposed
acquisition of Vulcan’s chemical assets
are the production and sale of KOH,
potassium carbonate, and APC. KOH is
the raw material for the production of
many potassium chemicals, such as
potassium permanganate, citrate,
acetate, cyanide, benzoate, iodide, and
sorbate. The largest end use of KOH is
the production of potassium carbonate,
commonly known as potash. End uses
for potassium carbonate include
nutrition supplements for dairy cattle,
video glass for television and computer
monitors, other specialty glass,
potassium silicates, fertilizers, gas
processing, industrial intermediaries,
photographic development processes,
detergents; and food products.
Potassium carbonate can be produced in
liquid or flake (solid) form. Over 90% of
total potcarb production in the United
States is of the flake form, known as
APC. For most APC customers, liquid
potassium carbonate is not an
economically viable substitute.
The proposed complaint alleges that
the markets for KOH, potcarb, and APC
are highly concentrated and that
OxyChem and Vulcan have been the
primary competitors in these markets
for many years and are the only
producers of APC in the U.S. As the
proposed Complaint describes,
customers have relied on the
competition between these companies
to maintain competitive pricing levels.
The proposed complaint alleges that
OxyChem’s proposed acquisition of
Vulcan’s chemical assets would reduce
competition by eliminating direct
competition between these two
companies. The proposed complaint
further alleges that entry into the
relevant markets would not be timely,
likely, or sufficient to deter or offset the
acquisition’s adverse competitive
effects.
III. Terms of the Proposed Order
The proposed Order also requires
that, within 10 days of OxyChem’s
acquisition of Vulcan’s chemical assets,
OxyChem divest the Port Edwards
business to ERCO Worldwide (USA)
Inc., an indirect subsidiary of Superior
Plus, Inc., a Canadian company. The
Port Edwards business will become part
of ERCO Worldwide, a division of
Superior Plus whose parent, Superior
Plus Income Fund, is a Canadian
income fund. Superior Plus, Inc. has
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Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices
four divisions: Superior Propane; ERCO
Worldwide; Winroc; and Superior
Energy Management. The market value
of the fund is Cdn $2.5 billion. ERCO’s
total revenues in 2004 were Cdn $396
million.
The assets to be divested under the
proposed Order include Port Edwards’s
manufacturing facilities, related
transportation assets (including railcars
and terminal contracts), raw material
supply agreements, and customer
contracts. Port Edwards is Vulcan’s only
manufacturing facility that has the
capacity to produce KOH and APC. The
divested assets are sufficient to allow
ERCO to effectively continue the
production and marketing of KOH, APC,
HCl, caustic soda, and chlorine at Port
Edwards in amounts, and under terms,
equivalent to the historical production
and sale of these chemicals from the
facility.
The Order further provides that if, at
the time the Commission makes this
Order final, the Commission notifies
Respondents that ERCO is not an
acceptable acquirer of the Port Edwards
business or that the manner in which
the divestiture was accomplished is not
acceptable, then, the divestiture to
ERCO shall be rescinded and within a
six-month period, OxyChem shall divest
the Port Edwards business to an
acquirer acceptable to the Commission.
If, following this six month period, the
Port Edwards Assets have not been
divested, then the Commission may
appoint a Divestiture Trustee to divest
the assets in a manner acceptable to the
Commission.
The proposed Order to Maintain
Assets that is also included in the
Consent Agreement requires that
Respondents maintain the Port Edwards
business as a viable and competitive
operation until the business is
transferred to ERCO or another
Commission-approved acquirer.
Furthermore, the order contains
measures designed to ensure that no
material confidential information is
exchanged between Respondents and
the Port Edwards business (except as
otherwise provided in the Order to
Maintain Assets) and measures designed
to prevent interim harm to competition
in the relevant markets pending
divestiture.
The proposed Order also provides for
the Commission to appoint a Monitor
Trustee to oversee OxyChem’s
compliance with the terms of the order,
and in the Order to Maintain Assets, the
Commission appoints Richard M. Klein
as Monitor Trustee. Mr. Klein has a
Ph.D in Inorganic Chemistry and was
the President and CEO of Sybron
Chemicals from 1979 to 2001. He serves
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on the boards of a number of companies
and has been appointed by the
Commission as Monitor Trustee or Hold
Separate Trustee in other FTC matters.
Within thirty (30) days after the date
this Order becomes final, and every
sixty (60) days thereafter until
Respondents have fully divested the
Port Edwards business, Respondents are
required to submit a verified written
report describing how they are
complying, have complied, and intend
to comply with the terms of the Order.
Further, within thirty (30) days after the
date this Order is issued, and annually
for ten (10) years on the anniversary of
the date this Order is issued,
Respondent OxyChem must submit a
verified written report to the
Commission describing how it is
complying, has complied, and intends
to comply with the terms of the Order.
Finally, within thirty (30) days after the
date this Order is issued and annually
for two (2) years on the anniversary of
the date this Order is issued,
Respondent Vulcan shall submit to the
Commission a verified written report
describing how it has complied, is
complying, and will comply with this
Order; however, if either Paragraph II.B
or Paragraph V of the Order come into
effect, Respondent Vulcan shall submit
annual reports for five (5) years on the
anniversary of the date this Order is
issued.
IV. Opportunity for Public Comment
The proposed Order has been placed
on the public record for thirty (30) days
to receive comments by interested
persons. Comments received during this
period will become part of the public
record. After thirty (30) days, the
Commission will review the Consent
Agreement and comments received and
decide whether to withdraw its
agreement or make final the Consent
Agreement’s proposed Order and Order
to Maintain Assets.
The purpose of this analysis is to
facilitate public comment on the
proposed Order. This analysis is not
intended to constitute an official
interpretation of the Consent
Agreement, the proposed Order, or the
Order to Maintain Assets, or in any way
to modify the terms of the Consent
Agreement, the proposed Order, or the
Order to Maintain Assets.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05–11746 Filed 6–13–05; 8:45 am]
BILLING CODE 6750–01–P
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34483
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Creutzfeldt-Jakob Disease—
Nationwide Education and
Communication
Announcement Type: New.
Funding Opportunity Number:
AA109.
Catalog of Federal Domestic
Assistance Number: 93.283.
Key Dates: Letter of Intent Deadline:
June 24, 2005.
Application Deadline: July 14, 2005.
I. Funding Opportunity Description
Authority: 42 U.S.C. 247b(k)(2).
Background: Creutzfeldt-Jakob disease
(CJD) is an incurable brain disorder that
occurs with an incidence of one case per
million annually. The majority of
patients die within six months of illness
onset. The disease causes damage to the
brain leaving patients completely
dependent on their caregivers for the
most basic needs of daily living. In
1996, a variant form of CJD emerged in
the United Kingdom, which was
causally linked to bovine spongiform
encephalopathy (BSE). Over 170 variant
CJD cases have been identified
worldwide, including one case in the
United States.
Purpose: The purpose of this program
is to enhance national surveillance for
CJD and its emerging variants by (1)
facilitating interaction of researchers
with family members of CJD patients (2)
increasing awareness about CJD and (3)
increasing the number of autopsies of
suspected CJD cases. This program
addresses the ‘‘Healthy People 2010’’
focus area of Infectious Diseases.
Increasing awareness about CJD can
be achieved by facilitating dialogue
among CJD researchers, family
members, and health care professionals.
Increasing awareness empowers CJD
families to make the appropriate
decisions about the care of their loved
ones. Learning more about prion
diseases through autopsy study of CJD
cases would assist in the surveillance of
potentially emerging forms of the
disease and would facilitate the
development of a pre-mortem diagnostic
test or treatment for CJD. Increasing
autopsy rates is critical because CJD can
only be confirmed after an autopsy.
Measurable outcomes of the program
will be in alignment with the following
performance goal for the National
Center for Infectious Diseases (NCID):
Protect Americans from infectious
diseases.
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]]>Agencies
[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34481-34483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11746]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 051 0009]
Occidental Chemical Company and Vulcan Materials Company;
Analysis of Agreement Containing Consent Order To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed Consent Agreement.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of Federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint and the terms of the consent order--embodied in the consent
agreement--that would settle these allegations.
DATES: Comments must be received on or before July 2, 2005.
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Occidental Chemical Company, et al., File
No. 051 0009,'' to facilitate the organization of comments. A comment
filed in paper form should include this reference both in the text and
on the envelope, and should be mailed or delivered to the
[[Page 34482]]
following address: Federal Trade Commission/Office of the Secretary,
Room 159-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
Comments containing confidential material must be filed in paper form,
must be clearly labeled ``Confidential,'' and must comply with
Commission Rule 4.9(c). 16 CFR 4.9(c) (2005).\1\ The FTC is requesting
that any comment filed in paper form be sent by courier or overnight
service, if possible, because U.S. postal mail in the Washington area
and at the Commission is subject to delay due to heightened security
precautions. Comments that do not contain any nonpublic information may
instead be filed in electronic form as part of or as an attachment to
e-mail messages directed to the following e-mail box:
consentagreement@ftc.gov.
---------------------------------------------------------------------------
\1\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See Commission Rule 4.9(c),
16 CFR 4.9(c).
---------------------------------------------------------------------------
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. All timely and responsive public comments, whether filed
in paper or electronic form, will be considered by the Commission, and
will be available to the public on the FTC Web site, to the extent
practicable, at https://www.ftc.gov. As a matter of discretion, the FTC
makes every effort to remove home contact information for individuals
from the public comments it receives before placing those comments on
the FTC Web site. More information, including routine uses permitted by
the Privacy Act, may be found in the FTC's privacy policy, at https://
www.ftc.gov/ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: John Warden, Room NJ-6129, (202) 326-
2147, or Susan Huber, Room NJ-6115, (202) 326-3331, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec. 2.34 of
the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given
that the above-captioned consent agreement containing a consent order
to cease and desist, having been filed with and accepted, subject to
final approval, by the Commission, has been placed on the public record
for a period of thirty (30) days. The following Analysis to Aid Public
Comment describes the terms of the consent agreement, and the
allegations in the complaint. An electronic copy of the full text of
the consent agreement package can be obtained from the FTC Home Page
(for June 3, 2005), on the World Wide Web, at https://www.ftc.gov/os/
2005/06/index.htm. A paper copy can be obtained from the FTC Public
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington,
DC 20580, either in person or by calling (202) 326-2222.
Public comments are invited, and may be filed with the Commission
in either paper or electronic form. All comments should be filed as
prescribed in the ADDRESSES section above, and must be received on or
before the date specified in the DATES section.
Analysis of Agreement Containing Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, an Agreement Containing Consent
Orders (``Consent Agreement'') from Occidental Chemical Company
(``OxyChem'') and Vulcan Materials Company (``Vulcan'') (collectively
``Respondents''). The Consent Agreement is intended to resolve
anticompetitive effects stemming from OxyChem's proposed acquisition of
the chemical assets of Vulcan. The Consent Agreement includes a
proposed Decision and Order (``Order'') which requires Respondents to
divest Vulcan's facility in Port Edwards, Wisconsin and assets relating
to the research, development, marketing, sales, and production of
chemicals produced at the facility including chlorine, caustic soda
(sodium hydroxide), KOH (potassium hydroxide), APC (anhydrous potassium
carbonate), and hydrochloric acid (``Port Edwards business''). The
Order calls for divestiture of the Port Edwards business to ERCO
Worldwide (``ERCO'') or, in the event the Commission requires recision
of such acquisition, another approved buyer. The Consent Agreement also
includes an Order to Maintain Assets, which requires Respondents to
preserve the Port Edwards business as a viable, competitive, and
ongoing operation until the divestiture is achieved.
The Consent Agreement, if finally accepted by the Commission, would
settle charges that OxyChem's proposed acquisition of Vulcan's chemical
assets may have substantially lessened competition in the markets for
KOH, potassium carbonate, and APC. The Commission has reason to believe
that OxyChem's proposed acquisition of Vulcan's Port Edwards business
would have violated Section 7 of the Clayton Act and Section 5 of the
Federal Trade Commission Act.
II. The Proposed Complaint
According to the Commission's proposed complaint, the relevant
product markets in which to analyze the effects of OxyChem's proposed
acquisition of Vulcan's chemical assets are the production and sale of
KOH, potassium carbonate, and APC. KOH is the raw material for the
production of many potassium chemicals, such as potassium permanganate,
citrate, acetate, cyanide, benzoate, iodide, and sorbate. The largest
end use of KOH is the production of potassium carbonate, commonly known
as potash. End uses for potassium carbonate include nutrition
supplements for dairy cattle, video glass for television and computer
monitors, other specialty glass, potassium silicates, fertilizers, gas
processing, industrial intermediaries, photographic development
processes, detergents; and food products. Potassium carbonate can be
produced in liquid or flake (solid) form. Over 90% of total potcarb
production in the United States is of the flake form, known as APC. For
most APC customers, liquid potassium carbonate is not an economically
viable substitute.
The proposed complaint alleges that the markets for KOH, potcarb,
and APC are highly concentrated and that OxyChem and Vulcan have been
the primary competitors in these markets for many years and are the
only producers of APC in the U.S. As the proposed Complaint describes,
customers have relied on the competition between these companies to
maintain competitive pricing levels. The proposed complaint alleges
that OxyChem's proposed acquisition of Vulcan's chemical assets would
reduce competition by eliminating direct competition between these two
companies. The proposed complaint further alleges that entry into the
relevant markets would not be timely, likely, or sufficient to deter or
offset the acquisition's adverse competitive effects.
III. Terms of the Proposed Order
The proposed Order also requires that, within 10 days of OxyChem's
acquisition of Vulcan's chemical assets, OxyChem divest the Port
Edwards business to ERCO Worldwide (USA) Inc., an indirect subsidiary
of Superior Plus, Inc., a Canadian company. The Port Edwards business
will become part of ERCO Worldwide, a division of Superior Plus whose
parent, Superior Plus Income Fund, is a Canadian income fund. Superior
Plus, Inc. has
[[Page 34483]]
four divisions: Superior Propane; ERCO Worldwide; Winroc; and Superior
Energy Management. The market value of the fund is Cdn $2.5 billion.
ERCO's total revenues in 2004 were Cdn $396 million.
The assets to be divested under the proposed Order include Port
Edwards's manufacturing facilities, related transportation assets
(including railcars and terminal contracts), raw material supply
agreements, and customer contracts. Port Edwards is Vulcan's only
manufacturing facility that has the capacity to produce KOH and APC.
The divested assets are sufficient to allow ERCO to effectively
continue the production and marketing of KOH, APC, HCl, caustic soda,
and chlorine at Port Edwards in amounts, and under terms, equivalent to
the historical production and sale of these chemicals from the
facility.
The Order further provides that if, at the time the Commission
makes this Order final, the Commission notifies Respondents that ERCO
is not an acceptable acquirer of the Port Edwards business or that the
manner in which the divestiture was accomplished is not acceptable,
then, the divestiture to ERCO shall be rescinded and within a six-month
period, OxyChem shall divest the Port Edwards business to an acquirer
acceptable to the Commission. If, following this six month period, the
Port Edwards Assets have not been divested, then the Commission may
appoint a Divestiture Trustee to divest the assets in a manner
acceptable to the Commission.
The proposed Order to Maintain Assets that is also included in the
Consent Agreement requires that Respondents maintain the Port Edwards
business as a viable and competitive operation until the business is
transferred to ERCO or another Commission-approved acquirer.
Furthermore, the order contains measures designed to ensure that no
material confidential information is exchanged between Respondents and
the Port Edwards business (except as otherwise provided in the Order to
Maintain Assets) and measures designed to prevent interim harm to
competition in the relevant markets pending divestiture.
The proposed Order also provides for the Commission to appoint a
Monitor Trustee to oversee OxyChem's compliance with the terms of the
order, and in the Order to Maintain Assets, the Commission appoints
Richard M. Klein as Monitor Trustee. Mr. Klein has a Ph.D in Inorganic
Chemistry and was the President and CEO of Sybron Chemicals from 1979
to 2001. He serves on the boards of a number of companies and has been
appointed by the Commission as Monitor Trustee or Hold Separate Trustee
in other FTC matters.
Within thirty (30) days after the date this Order becomes final,
and every sixty (60) days thereafter until Respondents have fully
divested the Port Edwards business, Respondents are required to submit
a verified written report describing how they are complying, have
complied, and intend to comply with the terms of the Order. Further,
within thirty (30) days after the date this Order is issued, and
annually for ten (10) years on the anniversary of the date this Order
is issued, Respondent OxyChem must submit a verified written report to
the Commission describing how it is complying, has complied, and
intends to comply with the terms of the Order. Finally, within thirty
(30) days after the date this Order is issued and annually for two (2)
years on the anniversary of the date this Order is issued, Respondent
Vulcan shall submit to the Commission a verified written report
describing how it has complied, is complying, and will comply with this
Order; however, if either Paragraph II.B or Paragraph V of the Order
come into effect, Respondent Vulcan shall submit annual reports for
five (5) years on the anniversary of the date this Order is issued.
IV. Opportunity for Public Comment
The proposed Order has been placed on the public record for thirty
(30) days to receive comments by interested persons. Comments received
during this period will become part of the public record. After thirty
(30) days, the Commission will review the Consent Agreement and
comments received and decide whether to withdraw its agreement or make
final the Consent Agreement's proposed Order and Order to Maintain
Assets.
The purpose of this analysis is to facilitate public comment on the
proposed Order. This analysis is not intended to constitute an official
interpretation of the Consent Agreement, the proposed Order, or the
Order to Maintain Assets, or in any way to modify the terms of the
Consent Agreement, the proposed Order, or the Order to Maintain Assets.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05-11746 Filed 6-13-05; 8:45 am]
BILLING CODE 6750-01-P
