[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Page 63495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30420]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
On October 29, 1998, the United States lodged a proposed consent
decree in the case of United States v. Campbell Soup Co. and Silgan Can
Co., Civil Action No. S-95-1854 (E.D. Cal.), with the United States
District Court for the Eastern District of California.
The proposed consent decree resolves claims that the United States
asserted against Campbell Soup Company and Silgan Can Company in a
civil lawsuit first filed on October 6, 1995. The complaint in this
case alleges that Campbell constructed or modified and then operated
can manufacturing equipment at its facility located at 6200 Franklin
Blvd. in Sacramento, California, without complying with the Clean Air
Act, the state implementation plan, or with permits issued by the
Sacramento Metropolitan Air Quality Management District. Coatings and
other compounds used in the can manufacturing process emit Volatile
Organic Compounds (``VOCs'') into the atmosphere, which creates ground
level ozone and smog. Among other things, the United States' lawsuit
alleges that Campbell operated without permits, failed to limit VOC
emissions with Best Available Control Technology (``BACT''), and failed
to provide offsets for the VOC emissions from its modified machinery.
On June 2, 1998, Silgan took over operation of the can
manufacturing facility from Campbell, and our complaint alleges that
Silgan operated and is operating the facility with many of the same
violations committed by Campbell. Campbell and Silgan have informed the
United States that they intend to replace the equipment at issue in our
complaint with a new can manufacturing line that incorporates BACT,
resulting in the permanent shutdown of the machinery at issue in our
lawsuit by August 1, 2000.
The proposed Consent Decree requires Campbell to pay a civil
penalty of $1,215,000, requires Defendants to cease operating all
sources of VOC emissions at the three-piece can facility by August 1,
2000, requires Defendants to limit VOC emissions from the facility
prior to August 1, 2000, and requires Defendants to transfer Emission
Reduction Credits to Environmental Resources Trust, a non-profit
organization.
The Department of Justice will accept comments relating to this
Consent Decree for a period of thirty (30) days from the date of this
publication. See 28 CFR 50.7. Address your comments to the Assistant
Attorney General for the Environment and Natural Resources Division,
Department of Justice, Washington, DC 20530, and send a copy to
Environmental Enforcement Section, U.S. Department of Justice, 301
Howard Street, Suite 870, San Francisco, CA 94105. Your comments should
refer to U.S. v. Campbell Soup Co. and Silgan Can Co., Civil No. S-95-
1854 (E.D. Cal.), and DOJ No. 90-5-2-1-1971.
You may examine the proposed consent decree at the office of the
United States Attorney, Eastern District of California, 555 Capitol
Mall, Suite 1550, Sacramento, California 95814; or at the Consent
Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005. You
may also obtain a copy of the consent decree in person or by mail from
the Consent Decree Library. Your request for a copy of the consent
decree in U.S. v. Campbell Soup Co. and Silgan Can Co. should refer to
that case title, Civil No. S-95-1854 (E.D. Cal.), and DOJ No. 90-5-2-1-
1971, and must include a check for $5.50 (25 cents per page
reproduction cost) payable to the ``Consent Decree Library.''
Joel Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-30420 Filed 11-12-98; 8:45 am]
BILLING CODE 4410-15-M
