[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Page 9107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3597]


=======================================================================
-----------------------------------------------------------------------

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 
February 9, 2005, a proposed Consent Decree in United States v. Jewel 
Food Stores, Inc., Civil Action No. 05C-0809, 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 194 Jewel stores listed in Appendices A, B, and C to the Consent 
Decree, which are in or near Chicago, Illinois. In the proposed Consent 
Decree, Jewel agrees to (1) install hydroflurocarbon (HFC or non-ozone 
depleting refrigerants) refrigeration systems in any new stores it 
opens in the Chicago Metropolitan Area after the effective date of the 
settlement; (2) implement a recordkeeping refrigerant management system 
directed at compliance with the regulations governing ozone-depleting 
refrigerants; (3) convert or retire any unit that uses a regulated 
refrigerant to a non-ozone depleting refrigerant, if that unit has more 
than 3 leaks in one year that leak at above an annualized rate of 35%; 
(4) convert either 75% of all scheduled ``major remodels'' (those 
remodels exceeding $2.5 million in costs), or 25 of its stores, 
whichever is greater, to use a non-ozone depleting refrigerant by the 
end of the year 2007; (5) retrofit all of its current 
chloroflurocarbons (CFCs) and HCFC refrigeration systems to non-ozone 
depleting refrigerants at twelve additional stores specified in the 
Consent Decree within three years from the date of entry of the 
proposed Decree; and (6) pay a civil penalty of $100,000 for its past 
violations.
    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, PO Box 
7611, U.S. Department of Justice, Washington, D.C. 20044-7611, and 
should refer to: United States v. Jewel Food Stores, Inc., D.J. Ref. 
90-5-2-1-08098.
    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, PO 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. 05-3597 Filed 2-23-05; 8:45 am]
BILLING CODE 4410-15-M