[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Notices]
[Pages 48502-48503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23492]


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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice 
is hereby given that a proposed consent decree in United States v. 
Merck & Co., Inc., Civil Action No. 96-1537-E (S.D. Cal.), was lodged 
on September 5, 1996 with the United States District Court for the 
Southern District of California. In the complaint in that action, the 
United States seeks from defendants Merck & Co., Inc. and Monsanto 
Company civil penalties and injunctive relief under Section 113(b) of 
the Clean Air Act (the ``Act''), 42 U.S.C. 7413(b), for their 
violations of the California State Implementation Plan by failing to: 
obtain authority to construct permits, apply lowest achievable 
emissions rates, and provide offsets for increased emissions, relating 
to modifications of the Kelco facility in San Diego, California.
    The proposed consent decree requires the defendants to perform 
specified injunctive relief by installing new emissions control 
equipment at two portions of the facility to control volatile organic 
compounds, to perform two supplemental environmental projects to 
further control fugitive emissions at one portion of the facility, and 
a monitoring project at another portion of the facility, and to pay a 
civil penalty of $1,857,395.
    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 Assistant 
Attorney General for the Environment and Natural Resources Division, 
U.S. Department of Justice, P.O. Box 7611, Washington, D.C. 20044; and 
refer to United States v. Merck & Co., Inc., DOJ Ref. # 90-5-2-1-1982.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Southern District of California, 880 Front 
Street, San Diego, California 92101; at the Region IX office of the 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, 
California 94105; and at the Consent Decree Library, 1120 G Street, 
N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the 
proposed consent decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005. In requesting a copy please refer to the referenced case 
and enclose a check in the amount of $17.00 (25 cents

[[Page 48503]]

per page reproduction costs), payable to the Consent Decree Library.
Walker Smith,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 96-23492 Filed 9-12-96; 8:45 am]
BILLING CODE 4410-01-M