[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Page 63495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30420]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    On October 29, 1998, the United States lodged a proposed consent 
decree in the case of United States v. Campbell Soup Co. and Silgan Can 
Co., Civil Action No. S-95-1854 (E.D. Cal.), with the United States 
District Court for the Eastern District of California.
    The proposed consent decree resolves claims that the United States 
asserted against Campbell Soup Company and Silgan Can Company in a 
civil lawsuit first filed on October 6, 1995. The complaint in this 
case alleges that Campbell constructed or modified and then operated 
can manufacturing equipment at its facility located at 6200 Franklin 
Blvd. in Sacramento, California, without complying with the Clean Air 
Act, the state implementation plan, or with permits issued by the 
Sacramento Metropolitan Air Quality Management District. Coatings and 
other compounds used in the can manufacturing process emit Volatile 
Organic Compounds (``VOCs'') into the atmosphere, which creates ground 
level ozone and smog. Among other things, the United States' lawsuit 
alleges that Campbell operated without permits, failed to limit VOC 
emissions with Best Available Control Technology (``BACT''), and failed 
to provide offsets for the VOC emissions from its modified machinery.
    On June 2, 1998, Silgan took over operation of the can 
manufacturing facility from Campbell, and our complaint alleges that 
Silgan operated and is operating the facility with many of the same 
violations committed by Campbell. Campbell and Silgan have informed the 
United States that they intend to replace the equipment at issue in our 
complaint with a new can manufacturing line that incorporates BACT, 
resulting in the permanent shutdown of the machinery at issue in our 
lawsuit by August 1, 2000.
    The proposed Consent Decree requires Campbell to pay a civil 
penalty of $1,215,000, requires Defendants to cease operating all 
sources of VOC emissions at the three-piece can facility by August 1, 
2000, requires Defendants to limit VOC emissions from the facility 
prior to August 1, 2000, and requires Defendants to transfer Emission 
Reduction Credits to Environmental Resources Trust, a non-profit 
organization.
    The Department of Justice will accept comments relating to this 
Consent Decree for a period of thirty (30) days from the date of this 
publication. See 28 CFR 50.7. Address your comments to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and send a copy to 
Environmental Enforcement Section, U.S. Department of Justice, 301 
Howard Street, Suite 870, San Francisco, CA 94105. Your comments should 
refer to U.S. v. Campbell Soup Co. and Silgan Can Co., Civil No. S-95-
1854 (E.D. Cal.), and DOJ No. 90-5-2-1-1971.
    You may examine the proposed consent decree at the office of the 
United States Attorney, Eastern District of California, 555 Capitol 
Mall, Suite 1550, Sacramento, California 95814; or at the Consent 
Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005. You 
may also obtain a copy of the consent decree in person or by mail from 
the Consent Decree Library. Your request for a copy of the consent 
decree in U.S. v. Campbell Soup Co. and Silgan Can Co. should refer to 
that case title, Civil No. S-95-1854 (E.D. Cal.), and DOJ No. 90-5-2-1-
1971, and must include a check for $5.50 (25 cents per page 
reproduction cost) payable to the ``Consent Decree Library.''
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 98-30420 Filed 11-12-98; 8:45 am]
BILLING CODE 4410-15-M