[Federal Register Volume 60, Number 21 (Wednesday, February 1, 1995)]
[Notices]
[Page 6292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2462]



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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 C.F.R. Sec. 50.7, 38 
Fed. Reg. 19029, and 42 U.S.C. Sec. 7413(g) notice is hereby given that 
on January 10, 1995, a proposed Consent Decree in United States v. 
Borden, Inc., Civil Action No. 95-10054REK, was lodged with the United 
States district Court for the District of Massachusetts resolving the 
matters alleged in the United States' complaint file on that date. The 
proposed Consent Decree represents a settlement of the United States' 
claims against Borden under the Clean Air Act and the Massachusetts SIP 
for emissions of violative organic compounds (``VOCs'') in excess of 
the emission limit provided in 310 CMR Sec. 7.18(16), from the vinyl 
coating lines at Borden's Vernon Plastics Division (the ``Vernon 
facility'') located on Shelley Road in Haverhill, Massachusetts.
    Under the proposed Consent Decree the Defendant shall pay to the 
United States a civil penalty in the amount of eighty-two thousand, two 
hundred and seventy eight dollars ($82.278), plus interest, within 
fifteen (15) days of entry of the Consent Decree. The proposed Consent 
Decree also requires that Borden shall (1) comply with the VOC 
emissions limitations for vinyl surface coating contained in the 
Massachusetts federally approved SIP, 310 CMR Sec. 7.18(16), including 
any amendments thereto; (2) provide written certification to EPA 
throughout the period the Consent Decree remains in effect that 
documents the emissions capture, enclosure, and/or incinerator devices 
are performing adequately; and (3) submit protocols for emissions and 
performance testing and perform any emissions and performance testing 
within thirty days of receipt of notification from EPA of a testing 
requirement.
    The Department of Justice will receive, for thirty (30) days from 
the date of publication of this notice, written comments relating to 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, U.S. 
Department of Justice, Washington, D.C. 20530 and should refer to 
United States v. Borden, Inc., D.O.J. Ref. No. 90-5-2-1-1525.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney for the District of Massachusetts, 1107 J.W. 
McCormack Post Office and Courthouse, Boston, Massachusetts 02109; at 
the Region I Office of the Environmental Protection Agency, JFK Federal 
Building, Boston, Massachusetts, 02203; and at the Consent Decree 
Library, 1120 G Street NW., 4th Floor, Washington, D.C., 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, D.C., 20005. In requesting a copy, please 
enclose a check in the amount of $3.72 (25 cents per page reproduction 
charge) payable to Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-2462 Filed 1-31-95; 8:45 am]
BILLING CODE 4410-01-M