Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

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]

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