[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21886]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on October 17, 2005, 
a proposed Consent Decree (``Decree'') in United States v. Lucite 
International, Inc., Civil Action No. 05-2773 Ma V, was lodged with the 
United States District Court for the Western District of Tennessee.
    In this action, the United States sought penalties and injunctive 
relief from Defendant with respect to Clean Air Act violations at its 
methyl methacrylate and acrylic sheeting facility on Fite Road in 
Memphis, Tennessee. The Complaint against Defendant alleges violations 
of following provisions: New Source Performance Standards (NSPS) 
applicable to Sulfuric Acid Plants, at 40 CFR Part 60, Subpart H; 
National Emissions Standards for Hazardous Air Pollutants at 40 CFR 
Part 63, Subparts A, F and G; and Protection of Stratospheric Ozone 
under Section 608 of the Act, as implemented by regulations at 40 CFR 
Part 82, Subpart F. The Complaint further alleges that many of these 
violations resulted in corresponding violations of Defendant's Title V 
Permit and of Tennessee's State Implementation Plan. The Decree 
resolves the claims alleged in the Complaint and requires Defendant to 
pay $1.8 million plus interest in civil penalties, and to install NSPS 
compliant controls at an estimated cost of approximately $16 million. 
In addition, the Decree provides for implementation of a Supplemental 
Environmental Project valued at $1.3 million, to reroute emissions from 
two sources, resulting in the reduction of emissions from those sources 
to a level that is only 10% of previously permitted emissions.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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, and should refer to 
United States v. Lucite International, Inc., D.J. Ref. 90-5-2-1-08272.
    The Decree may be examined at the Office of the United States 
Attorney, 167 North Main St., Suite 800, Memphis, Tennessee 38013, and 
at U.S. EPA Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303. 
During the public comment period, the Decree may also be examined on 
the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 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 $13.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-21886 Filed 11-1-05; 8:45 am]
BILLING CODE 4410-15-M