[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Notices]
[Pages 67647-67648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28238]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act and 
the Emergency Planning and Community Right-To-Know Act

    Under 28 CFR 50.7, notice is hereby given that on October 21, 2002, 
a proposed Consent Decree (``Consent Decree'') in United States v. 
Color Communications, Inc., Civil Action No. 99 C 4489, was lodged with 
the United States District Court for the Northern District of Illinois.
    The United States' complaint in this action asserts claims against 
Color Communications, Inc. (``CCI'') for injunctive relief and civil 
penalties for violations of the Clean Air Act, 42 U.S.C. 7401 et seq. 
(``CAA''), and applicable provisions of a Federal Implementation Plan 
and a State Implementation Plan governing sources that emit volatile 
organic materials to the ambient air within the Chicago Metropolitan 
Area Ozone Non Attainment Area. The complaint also alleges that CCI 
failed to comply with the reporting requirements of the Emergency 
Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq. 
(``EPCRA'') The State of Illinois intervened as a plaintiff in this 
action and asserted additional claims against

[[Page 67648]]

CCI. Since the action was filed, CCI implemented measures that brought 
its facility into compliance with requirements that were the subject of 
this action. As a result, the relief provided under the proposed Decree 
addresses the alleged liability of CCI for civil penalties for past 
violations of applicable requirements under the CAA and EPCRA. The 
Consent Decree requires CCI to pay civil penalties totalling $435,000, 
plus interest, to the United States and the Plaintiff-Intervenor State 
of Illinois, in three separate installments,the last of which will be 
due two years after entry of the Consent Decree. Of this amount, CCI 
will pay $243,931, plus interest, to the United States, and $191,069, 
plus interest, to the State of Illinois. In addition, the proposed 
Consent Decree provides for CCI to implement Supplemental Environmental 
Projects, including the surrender of certain Illinois emission trading 
credits that CCI received by reducing facility emissions below levels 
otherwise allowed by law.
    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, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20444-7611, and should refer to 
United States v. Color Communications, Inc., D.J. Ref. 90-5-2-1-2105.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 219 South Dearborn Street, Chicago, IL 60604, and at 
U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. A copy 
of the 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 a request to Tonia Fleetwood, fax no. (202) 
514-0097, phone confirmation number (202) 514-1547. In requesting a 
copy, please enclose a check in the amount of $5.50 (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. 02-28238 Filed 11-5-02; 8:45 am]
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