[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20650-20651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11132]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
Notice is hereby given that a proposed Consent Decree (``Decree'')
in United States v. Sunbeam Outdoor Products, Civil Action No. 96-0474-
CV-W-2, was lodged on April 6, 1998, with the United States District
Court for the Western District of Missouri.
The complaint alleges that defendant Sunbeam Outdoor Products
(``Sunbeam'') violated Missouri Air Pollution Control Rule 10 CST 10-
6.060(5) (``the Rule'') by constructing and then continuing to operate
a paintline at each of its two Neosho, Missouri manufacturing plants
without first obtaining the permits required by the Rule. EPA approved
the Rule under Section 110 of the Clean Air Act (``CAA''), 42 U.S.C.
7410, making it federally enforceable under Section 113 of the CAA, 42
U.S.C. 7413. The complaint sought injunctive relief enjoining Sunbeam
from further violations of the Rule, and civil penalties of up to
$25,000 per day for each day Sunbeam violated the Rule.
Under the proposed Decree, Sunbeam shall pay the United States a
civil penalty of $829,825.00, and refrain from further violating the
CAA. Sunbeam further agrees to operate one or both of two powder
paintlines that Sunbeam built at its Neosho plants as a result of this
enforcement action for at least one year after the effective date of
the proposed Decree. These powder paintlines, which cost Sunbeam
approximately $8 million, were not necessary for Sunbeam to achieve
compliance with the CAA. While the Decree remains in effect, Sunbeam
shall not replace the paintlines, which substantially reduce the
generation of air pollution from Sunbeam's Neosho plants, with other
technology without express written permission from EPA.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed consent decree. Comments should be addressed to the Assistant
Attorney General for the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to
United States v. Sunbeam Outdoor Products, DOJ Ref. #90-5-2-1-2066.
The proposed consent decree may be examined at the office of the
United States Attorney, Western District of Missouri, 1201 Walnut,
Suite 2300, Kansas City, MO 64106-2149, (816) 426-3131; the Region VII
Office of the Environmental Protection Agency, 726 Minnesota Avenue,
Kansas City, KS 66101, (913) 551-7010; and at the Consent Decree
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202)
624-0892. A copy of the proposed consent decree may be obtained in
person or by mail from the Consent Decree Library, 1120 G Street, N.W.,
4th Floor, Washington, D.C. 20005. In requesting a copy please refer to
the referenced case and enclose a
[[Page 20651]]
check in the amount of $6.00 (25 cents per page reproduction costs),
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-11132 Filed 4-23-98; 8:45 am]
BILLING CODE 4410-15-M
