Notice of Lodging of Consent Decree Pursuant to the Clean Air Act, 39335-39336 [05-13386]
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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Clean Air Act, the
Clean Water Act, the Resource
Conservation and Recovery Act, the
Emergency Planning and Community
Right To Know Act, and the
Comprehensive Environmental
Response, Compensation and Liability
Act
Notice is hereby given that a consent
decree in United States and the State of
Delaware v. Formosa Plastics
Corporation, Delaware, Civil Action No.
05–443 (D. Del.) was lodged with the
court on June 28, 2005.
The proposed consent decree resolves
alleged violations of the Clean Air Act,
the Clean Water Act, the Resource
Conservation and Recovery Act, the
Emergency Planning and Community
Right to Know Act and the
Comprehensive Environmental
Response, Compensation and Liability
Act that occurred at Formosa’s Delaware
City, Delaware PVC manufacturing
facility. It requires the defendant to pay
a civil penalty of $225,000 to the United
States and $225,000 to the State; to meet
detailed requirements designed to
prevent future violations of each of the
above statutes; to reduce emissions of
vinyl chloride to the ambient Air to
levels substantially below those
otherwise allowed by law; and to carry
out a supplemental environmental
project that will protect against the
chance of an accidental release of vinyl
chloride gas.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the proposed
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, PO Box 7611, U.S.
Department of Justice, Washington, DC
2004, and should refer to United States
and the State of Delaware v. Formosa
Plastics Corporation, Delaware, Civil
Action No. 05–443 (D. Del.), DOJ Ref. #
90–5–2–1–08297.
The proposed consent decree may be
examined and copied at the Office of the
United States Attorney, 1007 North
Orange Street, Suite 700, Wilmington,
DE 19899–2046; or at the Region III
Office of the Environmental Protection
Agency, c/o Joyce Howell, Senior
Assistant Regional Counsel, 1650 Arch
Street, Philadelphia, PA 19103. During
the public comment period, the
amended consent decree may also be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/open.html. A copy
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of the amended decree may also be
obtained by mail from the Consent
Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or e-mailing a
request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax No.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please enclose a check in the amount of
$13.75 (25 cents per page reproduction
cost) payable to the U.S. Treasury.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 05–13388 Filed 7–6–05; 8:45 am]
BILLING CODE 4410–15–M
39335
Department of Justice Web site, https://
www.usdoj.gov/enrd/open.html. A copy
of the Consent Decree may also be
obtained by mail from the Consent
Decree Library, PO Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or e-mailing a
request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. In requesting a
copy from the Consent Decree Library,
please enclose a check in the amount of
$68.50 (25 cents per page reproduction
cost) payable to the U.S. Treasury. In
requesting a copy exclusive of exhibits,
please enclose a check in the amount of
$5.75 (25 cents per page reproduction
cost) payable to the U.S. Treasury.
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 05–13387 Filed 7–6–05; 8:45 am]
BILLING CODE 4410–15–M
Under 28 CFR 50.7 notice is hereby
given that on June 27, 2005, a proposed
Consent Decree in United States v.
Metal Masters Foodservice Equipment
Company, Inc., Civil Action No. 05–430
was lodged with the United States
District Court for the District of
Delaware.
In this action the United States sought
reimbursement of response costs
incurred in connection with property
known as the Tyler Site located at 655
Glenwood Avenue in Smyrna,
Delaware. The Consent Decree provides
that the defendant pay $100,000 to the
EPA Hazardous Substance Superfund to
resolve its liability in connection with
its releases of hazardous substances at
the Tyler Site.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, PO Box 7611, U.S. Department
of Justice, Washington, DC 20044–7611,
and should refer to United States v.
Metal Masters Foodservice Equipment
Company, Inc., D.J. Ref. 90–11–3–
06700.
The Consent Decree may be examined
at the Office of the United States
Attorney, District of Delaware, 1007
Orange Street, Suite 700, Wilmington,
Delaware 19801, and at U.S. EPA Region
III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. During the public
comment period, the Consent Decree
may also be examined on the following
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Pursuant to the Clean Air Act
Notice is hereby given that on June
16, 2005, a proposed consent decree in
United States v. Morton Int’l, Inc., Civil
Action No. 05–3088 (DMC), was lodged
with the United States District Court for
the District of New Jersey.
The proposed consent decree will
settle the United States’ claims for
failure to comply with the general duty
clause of the Clean Air Act, 42 U.S.C.
7412(r)(l), on behalf of the
Environmental Protection Agency
(‘‘EPA’’) against Morton International,
Inc. (‘‘Morton’’), relating to its violations
of regulations applicable at its former
facility in Patterson, New Jersey, which
occurred through April 1998. Pursuant
to the proposed consent decree, Morton
will pay $50,000.00 as a civil penalty
and complete a Supplemental
Environmental Project (‘‘SEP’’) of up to
$200,000.00 by supplying Passaic
County Department of Health with
equipment that is useful in identifying
potentially dangerous circumstances
and in responding thereto. Should the
SEP cost less than $200,000, the
difference between that amount and the
actual cost of SEP will be paid as an
additional civil penalty.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication accept
comments relating to the proposed
consent decree. Comments should be
addressed to the Assistant Attorney
General of the Environmental and
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07JYN1
39336
Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Notices
Natural Resources Division, Department
of Justice, Washington, DC 20530, and
should refer to United States v. Morton
Int’l, Inc., Civil Action No. 05–3088
(DMC), D.J. Ref. 90–5–2–1–07513.
The proposed consent decree may be
examined at the Office of the United
States Attorney, District of New Jersey,
970 Broad Street, Newark, New Jersey
07102. During the public comment
period, the proposed consent decree
may also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/open.html. A copy
of the proposed consent decree may also
be obtained by mail from the Consent
Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or e-mailing a
request to Tonia Fleetwood
(tonia.fleetwood@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–1547. If requesting a
copy of the proposed consent decree,
please so note and enclose a check in
the amount of $5.75 (25 cents per page
reproduction cost) payable to the U.S.
Treasury.
Ronald Gluck,
Assistant Chief, Environmental Enforcement
Section, Environmental and Natural
Resources Division.
[FR Doc. 05–13386 Filed 7–6–05; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
[Civil No.: 04–CV–5829]
Public Comment and Response on
Proposed Final Judgment United
States v. Eastern Mushroom Marketing
Cooperative, Inc.
Pursuant to the Antitrust Procedures
and Penalties Act, 15 U.S.C. 16(b)–(h),
the United States of America hereby
publishes below the comment received
on the proposed Final Judgment in
United States v. Eastern Mushroom
Marketing Cooperative, Inc., Civil
Action No.: 04–CV–5829 (TNO), which
was filed in the Untied States District
Court for the Eastern District of
Pennsylvania, together with the United
States’s response to the comment.
Copies of the comment and response
are available for inspection at the U.S.
Department of Justice, Antitrust
Division, 325 7th Street, NW., Room
200, Washington, DC 20530, (telephone:
(202) 514–2481), and at the Office of the
Clerk of the United States District Court
for the Eastern District of Pennsylvania,
601 Market Street, Room 2609,
Philadelphia, Pennsylvania 19106–
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1797. Copies of any of these materials
may be obtained upon request and
payment of a copying fee.
Dorothy B. Fountain,
Deputy Director of Operations, Antitrust
Division.
1/5/05
Roger W. Fones,
Chief, Transportation, Energy & Agriculture
Section, U.S. Department of Justice,
Antitrust Division, 325 7th Street, NW.,
Suite 500, Washington DC 20530
Dear Mr. Fones: This letter is in response
to the investigation of the Eastern Mushroom
Marketing Cooperative (EMMC). These
grower packers have pulled the wool over the
eyes of the customers, consumers, and the
Department of Justice. This group has forced
many members to be in the EMMC or they
would not do business with them. In the
community each company would sell fresh
mushrooms to each other to fill daily needs.
If you were not a member a great deal of
pressure was put on these people. From not
selling to overcharging and even trying to
limit the picking containers they could pick
in. Any one that tried to start to sell fresh
mushrooms in the new period of the EMMC
were shut down in other means within the
industry. This has not been an ethical
business plan.
As far as the growing houses (Farms) what
the U.S. Government has come up with is a
token. These growing houses have been
pillaged stripped to no value to any one new
that wants to purchase as a growing facility.
The grower farmers are very smart and only
will give information to the government that
it wants them to know. No fault of the
government which would have no way of
knowing anything about the growing
facilities.
First this group purchased the growing
farms. Threatened anyone that competed for
the facilities. The Group would go into the
marketing area and give out low quotes on
fresh mushrooms even when they were
raising the pricing in the home markets.
Second when they acquired these growing
farms they would go in and strip the houses
of anything useful to grow mushrooms and
just leave the walls. This was a guarantee no
one would start these back up. This is the
insurance police on top of the restriction.
Growing of mushrooms is a specialized
process. Not just planting in field. Must be
air conditioned and very sanitary. Compost
facilities with specialized equipment. Not
something that is easy. This is why pulling
the restrictions mean absolutely nothing. The
damage is done when they take all the
special equipment out.
Currently this group is trying to purchase
the Money’s farms that are shutting down but
waiting for them to close. The plan is to
purchase these farms and pillage so they will
never be able to grow mushrooms again. This
is a way to get what they want and insult the
U.S. Government. Think about it. Many
businesses have suffered and many
consumers have overpaid for mushrooms.
They have created a false market. If this was
not true how can people purchase for
millions and sit on them if they are not
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taking an unfair advantage of the market
place.
JUST SIT BACK AND ASK THE
QUESTION OF HOW AND WHY THESE
PEOPLE ARE DOING THIS. PURE GREED
Judge: Thomas N. O’Neill, Jr.
Response of the United States to Public
Comments on the Proposed Final
Judgment
Pursuant to the Antitrust Procedures
and Penalties Act, 15 U.S.C. 16(b)
(‘‘Tunney Act’’), the United States of
America hereby files comments received
from a member of the public concerning
the proposed Final Judgment in this
civil antitrust action and the Response
of the United States to those comments.
The United States continues to believe
that the proposed Final Judgment will
provide an effective and appropriate
remedy for the antitrust violations
alleged in the Complaint. The United
States will move the Court for entry of
the proposed Final Judgment after the
public comment and Response have
been published in the Federal Register,
pursuant to 15 U.S.C. 16(d).
I. Factual Background
A. The Defendant, the Eastern
Mushroom Marketing Cooperative
(‘‘EMMC’’).
The EMMC was incorporated in the
Commonwealth of Pennsylvania on
December 21, 2000, and began
operations in January 2001. At the time
the Complaint was filed in this case, the
EMMC had 15 members with a single
staff person, an executive director. The
EMMC is made up of entities that grow,
buy, package, and ship Agaricus and
specialty mushrooms to retail and food
service outlets across the United States.
The EMMC members each grow some of
their own product, but they also buy
mushrooms from each other and from
nonmembers. Shortly after it began
operations, the EMMC adopted
minimum prices at which its members
could sell their mushrooms to
customers in various geographic regions
throughout the United States. The
minimum prices, with periodic
adjustments, were published regularly
among members.
According to the United States
Department of Agriculture, 844 million
pounds of mushrooms were produced
nationwide during the 2001–2002
growing season with an approximate
value of $908 million. The EMMC
members’ estimated collective share of
that national market was 60%, with
their share estimated to be higher in the
East region.
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Agencies
[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Notices]
[Pages 39335-39336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13386]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
Notice is hereby given that on June 16, 2005, a proposed consent
decree in United States v. Morton Int'l, Inc., Civil Action No. 05-3088
(DMC), was lodged with the United States District Court for the
District of New Jersey.
The proposed consent decree will settle the United States' claims
for failure to comply with the general duty clause of the Clean Air
Act, 42 U.S.C. 7412(r)(l), on behalf of the Environmental Protection
Agency (``EPA'') against Morton International, Inc. (``Morton''),
relating to its violations of regulations applicable at its former
facility in Patterson, New Jersey, which occurred through April 1998.
Pursuant to the proposed consent decree, Morton will pay $50,000.00 as
a civil penalty and complete a Supplemental Environmental Project
(``SEP'') of up to $200,000.00 by supplying Passaic County Department
of Health with equipment that is useful in identifying potentially
dangerous circumstances and in responding thereto. Should the SEP cost
less than $200,000, the difference between that amount and the actual
cost of SEP will be paid as an additional civil penalty.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication accept comments relating to the
proposed consent decree. Comments should be addressed to the Assistant
Attorney General of the Environmental and
[[Page 39336]]
Natural Resources Division, Department of Justice, Washington, DC
20530, and should refer to United States v. Morton Int'l, Inc., Civil
Action No. 05-3088 (DMC), D.J. Ref. 90-5-2-1-07513.
The proposed consent decree may be examined at the Office of the
United States Attorney, District of New Jersey, 970 Broad Street,
Newark, New Jersey 07102. During the public comment period, the
proposed consent decree may also be examined on the following
Department of Justice Web site, https://www.usdoj.gov/enrd/open.html. A
copy of the proposed consent decree may also be obtained by mail from
the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice,
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. If requesting a copy of the
proposed consent decree, please so note and enclose a check in the
amount of $5.75 (25 cents per page reproduction cost) payable to the
U.S. Treasury.
Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environmental and
Natural Resources Division.
[FR Doc. 05-13386 Filed 7-6-05; 8:45 am]
BILLING CODE 4410-15-M