[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10812]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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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 of 
hereby given that a proposed consent decree in United States v. Olin 
Corporation, Civil Action No. 1-91-472, was lodged on April 21, 1994 
with the United States District Court for the Eastern District of 
Tennessee. The United States filed a civil action against Olin 
Corporation, seeking injunctive relief and civil penalties for 
violations of section 112(c) of the Clean Air Act, as amended, 42 
U.S.C. 7412(c), the National Emission Standard for Hazardous Air 
Pollutants for mercury promulgated under the Act (the ``mercury 
NESHAP''), 40 CFR part 61, Subparts A and E, and Section 103(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended, (``CERCLA''), 42 U.S.C. 9603(a), and 40 CFR 302.6 
promulgated under CERCLA. The action was originally filed in November 
1991.
    Defendant Olin Corporation (``Olin'') owns and operates a plant in 
Charleston, Tennessee, where it uses mercury chlor-alkali cells to 
manufacture chlorine and other products, Olin's mercury chlor-alkali 
cell process includes over 400 feet of piping referred to as the 
``dilute caustic header.'' The dilute caustic header pipe is an 
``alkali metal hydroxide line'' within the meaning of the mercury 
NESHAP. Mercury, as well as other substances, flow through this piping. 
The United States alleged that Olin Corporation violated the mercury 
NESHAP by failing to maintain the header pipe and the cell room 
basement floor in good condition. The United States also alleged, among 
other things, that on or about August 22, 1988, Olin violated the 
mercury NESHAP by allowing the use of torches to cut through the header 
pipe to remove and replace it, by allowing mercury to spill from the 
header pipe, by failing to ensure that exposed employees were 
decontaminated, and by otherwise failing to ensure that the spills were 
properly contained or cleaned up.
    Under the proposed consent decree, Olin Corporation will pay a 
civil penalty of $1,000,000 to the United States in settlement of these 
claims as well as other claims relating to the incident on August 22, 
1988.
    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 decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. Olin Corporation, DOJ Ref. # 90-5-2-1-1482.
    The proposed consent decree may be examined at the office of the 
United Sates Attorney, 1110 Market Street, Suite 301 Chattanooga, 
Tennessee 37402, (615) 752-5140; United States Environmental Protection 
Agency, Region IV, 345 Courtland Street NE., Atlanta, Georgia 30365; 
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 a copy please refer to the referenced case and enclose a 
check in the amount of $2.75 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environmental and Natural 
Resources Division.
[FR Doc. 94-10812 Filed 5-4-94; 8:45 am]
BILLING CODE 4410-01-M