[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Notices]
[Pages 26617-26618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10840]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Under a 28 CFR 50.7, notice is hereby given that on April 22, 2004, 
a proposed Consent Decree in United States of America, State of 
California, and South Coast Air Quality Management District v. Keysor-
Century Corporation, Civil Action Number 04-2823-CAS (RCx), was lodged 
with the United States District Court for the Central District of 
California.
    The consent decree resolves claims against one defendant, Keysor-
Century Corporation (``Keysor''), brought by the United States on 
behalf of the Environmental Protection Agency (``EPA''), by the State 
of California on behalf of the Department of Toxic Substances Control 
and the California Regional Water Quality Control Board, Los Angeles 
Region, and by the South Coast Air Quality Management District under 
four statutes: Clean Air Act (``CAA''), 42 U.S.C. 7401-7671q; Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901-6992k; 
Emergency Planning and Community

[[Page 26618]]

Right-to-Know Act (``EPCRA''), 42 U.S.C. 1101-11050; and Clean Water 
Act (``CWA''), 33 U.S.C. 1251-1387, and their implementing regulations. 
The complaint alleges numerous violations of federal and state 
environmental laws that occurred at Defendant's polyvinyl chloride 
(``PVC'') manufacturing and resin compounding plant, which was formerly 
located at 26000 Springbrook Avenue, Saugus, Los Angeles County, 
California (the ``Facility'').
    Under the proposed Consent Decree, all civil claims in the 
Complaint are resolved for the following payments to be made by Keysor 
in Keysor's Chapter 11 bankruptcy liquidation proceeding: a $307,000 
administrative expense payment; the allowance of $735,420 classified as 
a subordinated allowed general unsecured claim; and the allowance of 
$168,855 classified as an allowed general unsecured claim. In addition, 
Keysor is subjected to injunctive relief, including: cessation of 
discharges of pollutants from the Facility; certification that the 
vinyl chloride plant was shut down and will not be re-opened; general 
certification that the defendant is currently in compliance with all 
provisions of CAA, RCRA, EPCRA, and CWA; and an agreement that emission 
reductions resulting from the shutdown of the Facility shall not be 
banked or otherwise used as emission reduction credits to offset new 
emissions from other facilities in the District.
    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, Environmental and Natural Resources Division, PO Box 7611, 
U.S. Department of Justice, Washington, D.C. 20044-7611, and should 
refer to United States of America, State of California, and South Coast 
Air Quality Management District v. Keysor-Century Corporation, DOJ Ref. 
90-5-2-1-07856/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 300 North Los Angeles Street, Los Angeles, California 
90012, and the Region IX Office of the Environmental Protection Agency, 
75 Hawthorne Street, San Francisco, CA 94105. 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, PO 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 $15.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury, to 
obtain a copy of the Consent Decree.

Ellen Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 04-10840 Filed 5-12-04; 8:45 am]
BILLING CODE 4410-15-M