[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66465]
From the Federal Register Online via the Government Publishing 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, http://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 ([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 $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