[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