[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Notices]
[Page 39743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14401]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Consistent with 28 CFR 50.7, notice is hereby given that on May 17, 
2002, proposed consent decrees (``Consent Decrees'' in United States v. 
Catalina Furniture Co., Inc., and Capital Cabinet Corporation, Civil 
Action No. CIV-02-03974 (GHK)(RZx) were lodged with the United States 
District Court for the Central District of California.
    The Consent Decrees resolve claims that the United States asserted 
against Catalina and Capital in a civil complaint filed concurrently 
with the lodging of the Consent Decrees. The complaint alleges 
violations of the Clean Air Act at a facility located in La Mirada, 
California owned by Capital and operated by Catalina. Catalina operated 
a wood furniture manufacturing facility. Catalina leased the facility 
along with four spray booths from Capital. Capital transferred its 
permits for the spray booths to Catalina. Catalina installed an 
additional eleven spray booths. The complaint alleges that Catalina 
failed to obtain permits to construct or operate the spray booths; that 
Catalina failed to install equipment to meet the Lowest Achievable 
Emissions Rate; that Catalina failed to obtain emission reduction 
credits; that Capital allowed the operation of its spray booths without 
obtaining permits or installing necessary control equipment; and that 
Capital illegally attempted to transfer its permits, all in violation 
of the Clean Air Act and the State Implementation Plan. Catalina has 
ceased operations at the facility and its assets have been sold.
    The Consent Decrees requires Catalina to pay a civil penalty of 
$50,000, plus interest and Capital to pay a civil penalty of $30,000 
plus interest. Capital must surrender its permits for the four spray 
booths and relinquish any right to emission reduction credits. Catalina 
agrees not to re-commence operations at the La Mirada facility. 
Catalina also agrees that if it begins operations of coating equipment 
in the South Coast Air Basin in California it will obtain permits and 
limit emissions by using ultra-low VOC content coatings.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decrees. 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. Catalina Furniture Co., Inc. and Capital Cabinet 
Corporation, Civil Action No. CIV-02-03974 (GHK)(RZx) and D.J. Ref. 90-
5-2-1-06468.
    The Consent Decrees may be examined at the Office of the United 
States Attorney, Federal Building, Suite 7516, 300 North Los Angeles 
Street, Los Angeles, California 90015 or at EPA Region 9, 75 Hawthorne 
Street, San Francisco, California 94105. 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 by 
faxing a request to Tonia Fleetwood, fax number (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy, please 
enclose a check in the amount of $3.00 (for the Capital Decree) or 
$5.00 (for the Catalina Decree) (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 02-14401 Filed 6-7-02; 8:45 am]
BILLING CODE 4410-15-M