[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Page 45877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23115]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed Partial Consent Decree in United States v.
Consolidated Rail Corp., Civil Action No. 94-1437 (E.D.Pa.), was lodged
on August 21, 1997, with the United States District Court for the
Eastern District of Pennsylvania. The decree addresses Conrail's
violations of Section 112 of the Clean Air Act (the ``Act''), 42 U.S.C.
7412, and the National Emission Standards for Hazardous Air Pollutants
for asbestos (``Asbestos NESHAP'') which occurred in 1993 at its Port
Richmond Grain Elevator facility located at 2870 E. Allegheny Avenue,
Philadelphia, PA. Conrail's violations included failure to notify the
City of Philadelphia or EPA of asbestos removal activities involved in
the renovation, failure to wet adequately the asbestos that was being
removed from the facility, and failure to assure that no visible
emissions were released into the outdoor atmosphere.
Under the proposed Partial Consent Decree, Conrail has agreed to
pay a civil penalty of $389,100 to resolve its liability in the instant
District Court action as well as its liabilities in an unrelated
administrative asbestos NESHAP action involving another Conrail
facility in Philadelphia. Conrail has agreed, in addition, to perform
Supplemental Environmental Projects (``SEPs'') valued at $410,900. The
SEPs are referred to in Section VII of the new Decree and described in
detail in the Settlement Conditions Document attached to the Decree.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Agreement. 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. Consolidated Rail Corp., DOJ Ref. #90-5-2-1-1883.
The proposed Agreement may be examined at the Office of the United
States Attorney, 615 Chestnut Street, Suite 1300, Philadelphia, PA
19106; the Region III Office of the Environmental Protection Agency,
841 Chestnut Building, Philadelphia, Pennsylvania 19107; and at the
Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC
20005, (202) 624-0892. A copy of the proposed Agreement may be obtained
in person or by mail from the Consent Decree Library, 1120 G Street,
NW., 4th Floor, Washington, DC 20005. In requesting a copy please refer
to the referenced case and enclose a check in the amount of $15.75 (25
cents per page reproduction costs), payable to the Consent Decree
Library.
Walker B. Smith,
Deputy Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 97-23115 Filed 8-28-97; 8:45 am]
BILLING CODE 4410-15-M
