[Federal Register Volume 60, Number 169 (Thursday, August 31, 1995)]
[Notices]
[Pages 45493-45494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21645]
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DEPARTMENT OF JUSTICE
Notice of Lodging a Final Judgment by Consent Pursuant to the
Clean Air Act, Clean Water Act, and Resource Conservation and Recovery
Act
Notice is hereby given that on August 23, 1995, a proposed consent
decree in United States and Commonwealth of Pennsylvania v. Horsehead
Industries, Inc., et al., Civ. A. No. 1: CV-92-0008, was lodged in the
United States District Court for the Middle District of Pennsylvania.
The complaint in this action seeks civil penalty and injunctive relief
under the Clean Air Act (CAA), 42 U.S.C. 7401 et seq., the Clean Water
Act (CWA), 33 U.S.C. 1251 et seq., and the Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. 6901 et seq., for alleged violations of
these Acts at defendants' Palmerton, Pennsylvania facility.
Under the proposed decree, Horsehead Industries, Inc. and Horsehead
Resource Development Company (collectively, Horseheads),
[[Page 45494]]
recyclers of electric arc furnace dust, have agreed to pay the United
States and the Commonwealth a civil penalty of $5.6 million, and to
invest in extensive capital improvements and operational changes at the
Palmerton facility to minimize the release of contaminants such as
lead, cadmium and zinc. Under the decree Horseheads will upgrade
operations to limit dust and visible emissions from their processing
equipment, and construct buildings to hold materials containing
hazardous substances which are awaiting processing. Horseheads has also
agreed to apply for a recycling permit from the Commonwealth to govern
its hazardous waste recycling activities in Palmerton. Horseheads will
also implement pollution reduction technologies designed to reduce the
contact of waters that are discharged into Acquishicola Creek and
Lehigh River from the facility with soils contaminated with metals. In
return, upon payment of the penalty, Horseheads will receive a covenant
not to sue for enforcement actions under RCRA, CWA and CAA seeking
civil penalties and/or injunctive relief for the specific violations
alleged in the Complaint occurring between January 1987 and the date of
lodging of the Decree.
The Department of Justice will receive comments relating to the
proposed consent decree for a period of thirty days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,
Washington, D.C. 20044, and should refer to United States and
Commonwealth of Pennsylvania v. Horsehead Industries, Inc., et al., DOJ
Reference No. 90-7-1-353.
The proposed consent decree may be examined at the Office of the
United States Attorney for the Middle District of Pennsylvania, Federal
Building, 228 Walnut Street, Suite 1152, Harrisburg, Pa. 11754; Region
III Office of the Environmental Protection Agency, 841 Chestnut Street,
Philadelphia, Pa.; and at the Consent Decree Library, 1120 ``G''
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy
of the proposed decree may be obtained in person or by mail from the
Consent Decree Library at the address listed above. In requesting a
copy, please refer to the referenced case and number, and enclose a
check in the amount of $41.00 ($82.00 with appendices) (25 cents per
page reproduction costs), payable to the Consent Decree Library.
Joel M. Gross,
Acting Chief, Environmental Enforcement Section.
[FR Doc. 95-21645 Filed 8-30-95; 8:45 am]
BILLING CODE 4410-01-M
