[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74330-74331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6242]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on December 14, 2007, a proposed 
Consent Decree in Barbara Fisher and the United States v. Perma-Fix of 
Dayton, Inc., Civil Action No. 3:04 CV 418, was lodged with the United 
States District Court for the Southern District of Ohio.
    This case began as a citizen suit filed by Barbara Fisher against 
Perma-Fix of Dayton, Inc. (``Perma-Fix'') under section 304 of the 
Clean Air Act (``CAA'' or ``Act'') for violations of provisions of the 
federally enforceable Ohio State Implementation Plan (``SIP'') adopted 
pursuant to section 110 of the Act, 42 U.S.C. 7410; violations of the 
Title V Permit Program at section 502(a) of the Act, 42 U.S.C. 7661a, 
and 40 CFR 70.5(a) and 70.7(b), and Ohio Admin. Code Chapter 3745-77; 
violations of the National Emission Standards for Hazardous Air 
Pollutants (``NESHAP'') for Off-Site Waste Recovery Operations (the 
``OSWRO regulations'') codified at 40 CFR Part 63, Subpart DD; and 
violation of the nuisance provisions at Ohio Administrative Code 3745-
15-07.
    The United States intervened as a plaintiff in this action, seeking 
injunctive relief and civil penalties under section 113(b) of the Act, 
42 U.S.C. 7413(b), against Perma-Fix for violations of the OSWRO 
NESAHAP regulations codified at 40 CFR Part 63, Subpart DD; the general 
NESHAP regulations at 40 CFR Part 63, Subpart A; the Title V Permit 
Program at section 502(a) of the Act, 42 U.S.C. 7661a, and 40 CFR 
70.5(a) and 70.7(b), and Ohio Admin. Code Chapter 3745-77; and 
provisions in the federally enforceable Ohio SIP adopted pursuant to 
section 110 of the Act, 42 U.S.C. 7410. The violations occurred at 
Perma-Fix's industrial waste processing facility in Dayton, Ohio.
    The proposed Consent Decree resolves the United States' claims 
against Perma-Fix. Under the proposed Consent Decree, Perma-Fix will 
implement a compliance program that includes: Implementation of certain

[[Page 74331]]

pollution control measures at specified emission units; installation of 
a continuous monitoring system at the facility's regenerative thermal 
oxidizer (``RTO''); venting of certain vapor streams to the RTO; and 
engineering evaluation of airflow through the closed vent system to the 
RTO; visual inspection of vents, the closed vent system, and wastewater 
transfer lines; the implementation of standard operating procedures for 
the containment areas, the bioplant, and the solidification process; 
and the submission of applications for state-issued permits to install 
and an application for a Clean Air Act Title V permit. In addition, 
Perma-Fix will pay a civil penalty of $360,000 and perform three 
Supplemental Environmental Projects at the cost of at least $562,000.
    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 Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to Barbara Fisher and the United States v. Perma-Fix of Dayton, 
Inc., D.J. Ref. 90-5-2-1-08318.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, Room 602, Federal Building, 200 W. Second 
Street, Dayton, Ohio 45402, and at U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604. During the public comment period, the 
proposed Consent Decree may also be examined on the following 
Department of Justice Web site, to http://www. usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood ([email protected]), fax 
no. (202) 514-0097, phone confirmation number (202) 514-1547. In 
requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $17.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that moment to the Consent Decree Library at the stated address.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-6242 Filed 12-28-07; 8:45 am]
BILLING CODE 4410-15-M