[Federal Register Volume 75, Number 119 (Tuesday, June 22, 2010)]
[Notices]
[Pages 35506-35507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15009]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Amendment to Consent Decree Under 
the Clean Air Act

    Notice is hereby given that on June 14, 2010, a proposed Consent 
Decree, pertaining to United States v. Silgan Containers LLC, Civ. No. 
2:1-cv-00498, was lodged with the United States District Court for the 
Eastern District of Wisconsin.
    In this action, the United States seeks civil penalties and 
injunctive relief for alleged violations of the Clean Air Act 
(``CAA''), 42 U.S.C. 7401 to 7671q, and the requirements adopted as 
part of applicable State Implementation Plans at sixteen canning 
facilities that are currently or were formerly owned and/or operated 
(directly or indirectly) by Silgan Containers LLC (``Silgan''). In 
several cases, Silgan is the successor to a company that owned a 
facility at the time of the violations in question. The alleged 
violations were reported by Silgan following a nationwide audit of its 
facilities. The facilities involved in this action are located in 
Tarrant, Alabama; Broadview and Rochelle, Illinois; Hammond, Indiana; 
Ft. Dodge, Iowa; Benton Harbor, Michigan; St. Paul, Minnesota; St. 
Joseph and Mt. Vernon, Missouri; Edison, New Jersey; Lyons, New York; 
Maxton, North Carolina; Toppenish, Washington (within the Yakama Nation 
Indian Reservation); and Oconomowoc, Menomonie, and Menomonee Falls, 
Wisconsin.
    The proposed Consent Decree would require Silgan to: (a) Pay a 
civil penalty of $365,000; (b) undertake injunctive relief in the form 
of capital improvements at Oconomowoc, Wisconsin, at a cost of 
approximately $1.1 million; (c) obtain a Non-Title V minor source 
permit at its Toppenish, Washington facility (within the Yakama Nation 
Indian Reservation); (d) shut down two manufacturing lines at 
Hoopeston, Illinois; and (e) retire certain emission credits issued by 
the San Joaquin Valley Air Pollution Control District (resulting in VOC 
emission reductions of 22.26 tpy). The complaint does not allege any 
violations at Silgan's Hoopeston Facility; however, to compensate for 
harm to the environment at Oconomowoc, Silgan will shut down two can 
lines at Hoopeston, resulting in VOC emission reductions of 2.87 tons 
per year. Additionally, Silgan's retirement of emission credits issued 
by the San Joaquin Valley Air Pollution Control District is part of the 
overall settlement package and does not relate to any reported 
violations in California or U.S. EPA Region 9.
    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, and either e-
mailed to [email protected] or mailed to P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Silgan Containers LLC, D.J. Ref. 90-5-2-1-08620. 
The proposed Consent Decree may be examined at the Office of the United 
States Attorney for the Eastern District of Wisconsin, 530 Federal 
Courthouse, 517 E. Wisconsin Avenue, Milwaukee, Wisconsin 53202 
(contact Asst. U.S. Attorney Susan M. Knepel (414-297-1700). During the 
public comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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

[[Page 35507]]

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 $11.50 (25 cents per 
page reproduction cost), for the consent decree alone, or in the amount 
of $14.75(for the consent decree and all appendices) payable to the 
U.S. Treasury or, if by email or fax, forward a check in that amount to 
the Consent Decree Library at the stated address.

Maureen Katz,
Assistant Chief, Environmental, Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-15009 Filed 6-21-10; 8:45 am]
BILLING CODE 4410-15-P