[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28221]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees Pursuant to the Clean Air
Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that proposed consent decrees with defendants Peora Coal
Company (``Peora''), and RPM Resources, Inc. (``RPM''), defendants in
United States v. Peora Coal Company and RPM Resources, Inc., Civil
Action No. 90-104-C, were lodged on October 24, 1994, with the United
States District Court for the Northern District of West Virginia. The
proposed consent decrees resolve an action for civil penalties and
injunctive relief brought by the United States under Section 113(b) of
the Clean Air Act, 42 U.S.C. 7413(b), for violations of the National
Emission Standards for Hazardous Air Pollutants (NESHAP) (Asbestos).
The violations occurred in 1990 during an asbestos removal project at a
coal preparation plant owned by Peoria in Enterprise, West Virginia.
The proposed settlement with Peora provides that Peora will pay a
civil penalty of $32,500 and take steps to ensure future compliance
with the NESHAP requirements. The proposed settlement with RPM provides
that RPM will pay a civil penalty of $10,000 and ensure future
compliance. In May, 1992 RPM filed a voluntary petition for bankruptcy
under Chapter 7 of the Bankruptcy Code (Bankruptcy Ct., W.D. Pa.).
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 decrees. Comments should be addressed to the Acting
Assistant Attorney General for the Environment and Natural Resources
Division, Department of Justice, Washington, DC 20530, and should refer
to United States v. Peora Coal Company and RPM Resources, Inc., DOJ
Ref. #90-5-2-1-1517. The proposed consent decrees may be examined at
the Office of the United States Attorney for the Northern District of
West Virginia, Room 326, Federal Building, 300 3rd Street, Elkins, West
Virginia 26241; the Region III Office of the Environmental Protection
Agency, 841 Chestnut Street, Philadelphia, PA 19107; and at the Consent
Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 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, NW.,
4th Floor, Washington, DC 20005. In requesting copies, please refer to
the referenced case and enclose a check in the amount of $4.50 for the
Peora consent decree and $5.00 for the RPM consent decree (25 cents per
page reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 94-28221 Filed 11-15-94; 8:45 am]
BILLING CODE 4410-01-M
