[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