[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Page 45877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23115]


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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 is 
hereby given that a proposed Partial Consent Decree in United States v. 
Consolidated Rail Corp., Civil Action No. 94-1437 (E.D.Pa.), was lodged 
on August 21, 1997, with the United States District Court for the 
Eastern District of Pennsylvania. The decree addresses Conrail's 
violations of Section 112 of the Clean Air Act (the ``Act''), 42 U.S.C. 
7412, and the National Emission Standards for Hazardous Air Pollutants 
for asbestos (``Asbestos NESHAP'') which occurred in 1993 at its Port 
Richmond Grain Elevator facility located at 2870 E. Allegheny Avenue, 
Philadelphia, PA. Conrail's violations included failure to notify the 
City of Philadelphia or EPA of asbestos removal activities involved in 
the renovation, failure to wet adequately the asbestos that was being 
removed from the facility, and failure to assure that no visible 
emissions were released into the outdoor atmosphere.
    Under the proposed Partial Consent Decree, Conrail has agreed to 
pay a civil penalty of $389,100 to resolve its liability in the instant 
District Court action as well as its liabilities in an unrelated 
administrative asbestos NESHAP action involving another Conrail 
facility in Philadelphia. Conrail has agreed, in addition, to perform 
Supplemental Environmental Projects (``SEPs'') valued at $410,900. The 
SEPs are referred to in Section VII of the new Decree and described in 
detail in the Settlement Conditions Document attached to the Decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Agreement. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Consolidated Rail Corp., DOJ Ref. #90-5-2-1-1883.
    The proposed Agreement may be examined at the Office of the United 
States Attorney, 615 Chestnut Street, Suite 1300, Philadelphia, PA 
19106; the Region III Office of the Environmental Protection Agency, 
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 Agreement 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 $15.75 (25 
cents per page reproduction costs), payable to the Consent Decree 
Library.
Walker B. Smith,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 97-23115 Filed 8-28-97; 8:45 am]
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