[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Notices]
[Page 28065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13472]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree in Clean Air Act Civil 
Enforcement Action

    In accordance with the Departmental Policy, 28 CFR Sec. 50.7, 
notice is hereby given that a Consent Decree in United States v. 
Westinghouse Electric Corp., Waste Resource Energy, Inc., and York 
Resource Energy, Inc., Civil Action No. 97-3287, was lodged with the 
United States District Court for the Eastern District of Pennsylvania 
on May 8, 1997.
    The United States filed a complaint on May 8, 1997, against 
Westinghouse Electric Corp., Waste Resource Energy, Inc., and York 
Resource Energy, Inc. (``defendants''), alleging violations of the 
Clean Air Act, 42 U.S.C. Sec. 7401 et seq., occurring at defendants' 
municipal solid waste incinerators located in Chester and York, 
Pennsylvania. The complaint alleges that the defendants violated the 
Clean Air Act by emitting air pollutants, including hydrochloric acid, 
carbon monoxide, and sulphur dioxide in amounts in excess of the limits 
established in the defendants' Prevention of Significant Deterioration 
(``PSD'') permits, which were issued to defendants by the Pennsylvania 
Department of Environmental Protection (``PADEP''). The Commonwealth of 
Pennsylvania, on behalf of PADEP, filed a complaint in intervention in 
the action brought by the United States.
    The proposed Consent Decree resolves the defendants' liability to 
the United States and to the Commonwealth of Pennsylvania for the 
violations alleged in the complaints. The Decree requires the 
defendants to: (1) comply with the terms of their PSD permits; (2) 
operate and maintain their incinerators in compliance with certain 
terms of the Decree; (3) perform certain supplemental environmental 
projects valued at $300,000; and (4) pay a civil penalty of $50,000 to 
the United States and $50,000 to the Commonwealth of Pennsylvania.
    The Department of Justice will accept written comments on the 
proposed Consent Decree for thirty (30) days from the date of 
publication of this notice. Please address comments to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin station, Washington, 
DC 20044 and refer to United States v. Westinghouse Electric Corp., 
Waste Resource Energy, Inc., and York Resource Energy, Inc., DOJ Nos. 
90-5-2-1-1980 and 90-5-2-1-1980A.
    Copies of the proposed Consent Decree may be examined at the Office 
of the United States Attorney, Eastern District of Pennsylvania, 615 
Chestnut Street, Twelfth Floor, Philadelphia, Pennsylvania; Region III 
Office of EPA, 841 Chestnut Building, Philadelphia, Pennsylvania 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. When 
requesting a copy of the proposed Consent Decree, please enclose a 
check to cover the twenty-five cents per page reproduction costs 
payable to the ``Consent Decree Library'' in the amount of $14.50, and 
please reference DOJ Nos. 90-5-2-1-1980 and 90-5-2-1-1980A.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division, U.S. Department of Justice.
[FR Doc. 97-13472 Filed 5-21-97; 8:45 am]
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