[Federal Register Volume 68, Number 186 (Thursday, September 25, 2003)]
[Notices]
[Pages 55413-55414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24301]


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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 September 16, 
2003, a proposed Consent Decree in United States v. Capital Cabinet 
Corp., Civil Action No. CV-S-03-1146-RLH-LRL, was lodged with the 
United States District Court for the District of Nevada.
    In this action the United States sought injunctive relief and civil 
penalties under section 113(b) of the Clean Air Act, 42 U.S.C. 7413(b), 
and civil penalties under section 325(c)(1) of the Emergency Planning 
and Community Right-to-Know Act, 42 U.S.C. 11045(c), concerning the 
operation by Capital Cabinet Corp. (``Capital'') of a wood furniture 
manufacturing facility in North Las Vegas, Nevada (``Facility'').
    Under the proposed Consent Decree, Capital would be required to 
limit its emissions of volatile organic compounds (``VOCs'') to twenty-
five tons per year, and three tons per month, for a minimum of five 
years, unless it were to convert all of its production coatings to 
coatings containing minimal levels of VOCs, or to install appropriate 
add-on controls, in which case the Facility would no longer be subject 
to annual or monthly VOC emissions limits. In addition, under the 
proposed Consent Decree, Capital would be required to be in full 
compliance with the National Emission Standard for Hazardous Air 
Pollutants for Wood Furniture Manufacturing Operations, codified at 40 
CFR Part 63, Subpart JJ, within six months of entry of the Consent 
Decree, and to pay a civil penalty of $142,000.

[[Page 55414]]

    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, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, with a copy to 
Matthew A. Fogelson, Trail Attorney, U.S. Department of Justice, 
Environment and Natural Resources Division, Environmental Enforcement 
Section, 301 Howard Street, Suite 1050, San Francisco, CA 94105, and 
should refer to United States v. Capital Cabinet Corp., D.J. Ref. 90-5-
2-1-07221.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 333 South Las Vegas Boulevard, Lloyd George Federal 
Building, Las Vegas, NV, and at U.S. EPA Region IX, 75 Hawthorne 
Street, San Francisco, CA. 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/open.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 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 $5.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section.
[FR Doc. 03-24301 Filed 9-24-03; 8:45 am]
BILLING CODE 4410-15-M