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 July 12, 1999, the United States lodged a proposed consent

decree in the case of United States v. Tomkins Industries, Inc., and

Lasco Bathware, Inc., Civil Action No. CV-S-99-0865-JBR-LRL (D.

Nevada), with the United States District Court for the District of

Nevada.

The proposed consent decree resolves claims that the United States

asserted against Tomkins Industries, Inc. and Lasco Bathware, Inc. in a

civil lawsuit filed concurrently with the lodging of the consent decree

on July 12, 1999. The compliant in this case alleges that defendants

constructed and then operated two production lines at their Lasco

Bathware facility located in the Hidden Valley Industrial Park in

Moapa, Nevada, without complying with the Clean Air Act, the State

Implementation Plan, or permits issued by the Clark County Board of

Health, Air Pollution Control Division. Resins containing styrene used

in the manufacture of bathtubs and shower stalls emit Volatile Organic

Compounds (``VOCs'') into the atmosphere, which create ground level

ozone and smog. Among other things, the United States' lawsuit alleges

that defendants operated without valid permits, failed to limit VOC

emissions with Best Available Control Technology (``BACT''), and failed

to comply with permit requirements.

The proposed Consent Decree requires defendants to pay a civil

penalty of $575,000. In addition, Defendants are required to install a

Regenerative Thermal Oxidizer on Line 1 at the Lasco Bathware facility,

and to cease operating any equipment on Line 2 at the Lasco Bathware

facility that would cause the emission of air contaminants within eight

months of the effective date of the Consent Decree.

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 the

Environmental Enforcement Section, U.S. Department of Justice, 301

Howard Street, Suite 870, San Francisco, CA 94105. Your comments should

refer to United States v. Tomkins Industries, Inc., and Lasco Bathware,

Inc., Civil Action No. CV-S-99-0865-JBR-LRL (D. Nevada), and DOJ No.

90-5-2-1-2128.

You may examine the proposed consent decree at the office of the

United States Attorney, District of Nevada, 701 East Bridger Avenue,

Suite 600, Las Vegas, Nevada 89101; 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

should refer to United States v. Tomkins Industries, Inc., and Lasco

Bathware, Inc., Civil No. CV-S-99-0865-JBR-LRL (D. Nevada), and DOJ No.

90-5-2-1-2128, and must include a check for $9.50 (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. 99-19205 Filed 7-27-99; 8:45 am]

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