Notice of Lodging of Consent Decree Under the Clean Air Act

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]

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