[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2317]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Amended Consent Decree Under the Clean Air 
Act

     In accordance with 28 CFR 50.7, notice is hereby given that on 
January 21, 2003, a proposed ``Consent Decree in United States v. 
Dominick's Finer Foods, L.L.C., Civil Action No. 04C 0471, was lodged 
with the United States District Court for the Northern District of 
Illinois.
     In a Complaint filed simultaneously with the lodging of the 
proposed Consent Decree, the United States sought injunctive relief and 
civil penalties for violations of the commercial refrigerant repair, 
recordkeeping, and reporting regulations at 40 CFR 82.152-82.166 
(Recycling and Emission Reduction) promulgated by the Environmental 
Protection Agency (``EPA'') under Subchapter VI of the Act 
(Stratospheric Ozone Protection, 42 U.S.C. 7671-7671q, at some or all 
of the twenty-nine Dominick's stores listed in the Complaint, which are 
in or near Chicago, Illinois. In the proposed Consent Decree, 
Dominick's agrees to (1) replace or retrofit all commercial 
refrigeration units (units having a charge of more than 50 pounds of 
refrigerant) in the twenty-nine stores within two years to use only 
non-ozone depleting refrigerants; (2) in all stores that it constructs 
in the future, use only non-ozone depleting refrigerant systems; (3) 
participate in an EPA study of refrigeration systems in the food 
industry; and (4) pay a civil penalty of $85,000 to the United States.
     The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. 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. Dominick's Finer foods, L.L.C., D.J. Ref. 
90-5-2-1-07951.
     The Consent Decree may be examined at the Office of the United 
States Attorney for the Northern District of Illinois, 219 South 
Dearborn Street, Chicago, Illinois 60604, and at U.S. EPA Region 5, 77 
West Jackson Blvd., Chicago, IL 60604. During the public comment period 
the proposed Consent Decree may also be examined on the following 
Department of Justice Web site, http://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 ([email protected]), 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 $6.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-2317 Filed 2-4-04; 8:45 am]
BILLING CODE 4410-15-M