Notice of Lodging of Consent Decree Under the Clean Air Act, 66465 [05-21886]

Download as PDF Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices attachments, may be obtained for $53.00.) Ellen M. Mahan, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division, United States Department of Justice. [FR Doc. 05–21880 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on October 17, 2005, a proposed Consent Decree (‘‘Decree’’) in United States v. Lucite International, Inc., Civil Action No. 05–2773 Ma V, was lodged with the United States District Court for the Western District of Tennessee. In this action, the United States sought penalties and injunctive relief from Defendant with respect to Clean Air Act violations at its methyl methacrylate and acrylic sheeting facility on Fite Road in Memphis, Tennessee. The Complaint against Defendant alleges violations of following provisions: New Source Performance Standards (NSPS) applicable to Sulfuric Acid Plants, at 40 CFR Part 60, Subpart H; National Emissions Standards for Hazardous Air Pollutants at 40 CFR Part 63, Subparts A, F and G; and Protection of Stratospheric Ozone under Section 608 of the Act, as implemented by regulations at 40 CFR Part 82, Subpart F. The Complaint further alleges that many of these violations resulted in corresponding violations of Defendant’s Title V Permit and of Tennessee’s State Implementation Plan. The Decree resolves the claims alleged in the Complaint and requires Defendant to pay $1.8 million plus interest in civil penalties, and to install NSPS compliant controls at an estimated cost of approximately $16 million. In addition, the Decree provides for implementation of a Supplemental Environmental Project valued at $1.3 million, to reroute emissions from two sources, resulting in the reduction of emissions from those sources to a level that is only 10% of previously permitted emissions. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United VerDate Aug<31>2005 20:22 Nov 01, 2005 Jkt 208001 States v. Lucite International, Inc., D.J. Ref. 90–5–2–1–08272. The Decree may be examined at the Office of the United States Attorney, 167 North Main St., Suite 800, Memphis, Tennessee 38013, and at U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303. During the public comment period, the Decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the 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 $13.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Ellen M. Mahan, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21886 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to CERCLA Notice is hereby given that on October 17, 2005, the United States lodged a proposed Consent Decree between the United States, the State of Arkansas, the Signature Combs plaintiffs, and OakleyKeesee Ford, Inc. (‘‘Oakley-Keesee’’) with the United States District Court for the Eastern District of Arkansas in United States et al. v. Oakley-Keesee Ford, Nos. 3:98CV00362, 3:98CV00363, consolidated with Signature Comb, Inc. et al. v. Oakley-Keesee Ford, No. 3:02CV00125 (SMR). The proposed Consent Decree resolves the claims of the United States, the State of Arkansas, and the Signature Combs plaintiffs against Oakley-Keesee under sections 106(b) and 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, (‘‘CERCLA’’), 42 U.S.C. 9606, 9607, regarding the Gurley Pit and South 8th Street Superfund Sites located in Crittenden County, Arkansas. Under the proposed decree, Oakley-Keesee has agreed to pay the plaintiffs $260,000 within 30 days of the effective date of the Consent Decree as follows: (1) $150,000 will be paid to the Superfund in partial reimbursement of the United States’ past and future response costs at PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 66465 the Sites; (2) $100,000 will be paid to the superfund in penalties for the defendant’s failure to comply with the Unilateral Administrative Order to perform the remedial action at the South 8th Street Site; and (3) $10,000 will be paid to the State in partial reimbursement of State’s past and future response costs at the Sites. OakleyKeesee also has agreed to pay the Signature Combs plaintiffs $300,000 in partial reimbursement of response costs expended by the Signature Combs plaintiffs related to the Sites. 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 Acting Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, PO Box 7611, Ben Franklin Station, Washington, DC 20044–7611, and should refer to United States et al. v. Oakley-Keesee Ford, DJ No. 90–11–2– 196/2. The proposed Consent Decree may be examined during the public comment period 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. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $8.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. Dated: October 19, 2005. Thomas A. Mariani, Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–21883 Filed 11–1–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act Under 28 CFR 50.7, notice is hereby given that on October 19, 2005, a proposed consent decree in United States v. Seven-Up/RC Bottling Company of Southern California, Inc., Case No. CV–05–7514 AHM (CTx), was lodged with the United States District Court for the Central District of Columbia. E:\FR\FM\02NON1.SGM 02NON1

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Department of Justice

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21886]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on October 17, 2005, 
a proposed Consent Decree (``Decree'') in United States v. Lucite 
International, Inc., Civil Action No. 05-2773 Ma V, was lodged with the 
United States District Court for the Western District of Tennessee.
    In this action, the United States sought penalties and injunctive 
relief from Defendant with respect to Clean Air Act violations at its 
methyl methacrylate and acrylic sheeting facility on Fite Road in 
Memphis, Tennessee. The Complaint against Defendant alleges violations 
of following provisions: New Source Performance Standards (NSPS) 
applicable to Sulfuric Acid Plants, at 40 CFR Part 60, Subpart H; 
National Emissions Standards for Hazardous Air Pollutants at 40 CFR 
Part 63, Subparts A, F and G; and Protection of Stratospheric Ozone 
under Section 608 of the Act, as implemented by regulations at 40 CFR 
Part 82, Subpart F. The Complaint further alleges that many of these 
violations resulted in corresponding violations of Defendant's Title V 
Permit and of Tennessee's State Implementation Plan. The Decree 
resolves the claims alleged in the Complaint and requires Defendant to 
pay $1.8 million plus interest in civil penalties, and to install NSPS 
compliant controls at an estimated cost of approximately $16 million. 
In addition, the Decree provides for implementation of a Supplemental 
Environmental Project valued at $1.3 million, to reroute emissions from 
two sources, resulting in the reduction of emissions from those sources 
to a level that is only 10% of previously permitted emissions.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Lucite International, Inc., D.J. Ref. 90-5-2-1-08272.
    The Decree may be examined at the Office of the United States 
Attorney, 167 North Main St., Suite 800, Memphis, Tennessee 38013, and 
at U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303. 
During the public comment period, the Decree may also be examined on 
the following Department of Justice Web site, https://www.usdoj.gov/
enrd/open.html. A copy of the 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 $13.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-21886 Filed 11-1-05; 8:45 am]
BILLING CODE 4410-15-M

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