[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 73029-73030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23743]


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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 November 17, 
2005, a proposed consent decree in United States et al. v. Atlas 
Roofing Corporation, Case No. CV 05-8180JFW (RZx), was lodged with the 
United States District Court for the Central District of California.
    In this action, the United State and the South Coast Air Quality 
Management District, (``SCAQMD'') sought injunctive relief and civil 
penalties under Section 113 of the Clean Air Act and Cal. Health & 
Safety Code Sec. Sec.  42401, 42402.1 against Atlas Roofing Corporation 
(``Atlas'') at its expanded polystyrene (``EPS'') foam manufacturing 
facility in Los Angeles, California, for: (1) Failure to demonstrate 
that the emission control system at the facility complied with SCAQMD 
Rule 1175, a part of the California State Implementation Plan; (2) 
failure to comply with a permit condition limiting the pentane content 
of the polystyrene beads used at the facility; (3) failure to comply 
with a permit condition regarding the operation of the control device; 
(4) violation of SCAQMD Hearing Board's Order limiting the pentane 
content of the polystyrene beads; and (5) violation of SCAQMD Hearing 
Board's Order for Abatement regarding the operation of the control 
device. The consent decree requires Atlas to: (1) Pay a civil penalty 
of $221,400 to the United States; (2) pay a civil penalty of $147,000 
to SCAQMD; and (3) cease all EPS foam operations regulated by SCAQMD 
1175 at the facility by December 31, 2005.
    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, D.C. 20044-7611, with a copy to Ann 
Hurley, U.S. Department of Justice, 301 Howard Street, Suite 1050, San 
Francisco, CA 94105, and should refer to United States et al. v. Atlas 
Roofing Corporation, D.J. Ref. 90-5-2-1-08415.
    The consent decree may be examined at U.S. EPA Region 9, Office of 
regional Counsel, 75 Hawthorne Street, San Francisco, California. 
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

[[Page 73030]]

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 $5.00 (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. 05-23743 Filed 12-7-05; 8:45 am]
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