[Federal Register: July 28, 1999 (Volume 64, Number 144)]
[Notices]               
[Page 40899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy99-103]                         


[[Page 40899]]

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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]
BILLING CODE 4410-15-M