Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

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 of

hereby given that a proposed consent decree in United States v. Olin

Corporation, Civil Action No. 1-91-472, was lodged on April 21, 1994

with the United States District Court for the Eastern District of

Tennessee. The United States filed a civil action against Olin

Corporation, seeking injunctive relief and civil penalties for

violations of section 112(c) of the Clean Air Act, as amended, 42

U.S.C. 7412(c), the National Emission Standard for Hazardous Air

Pollutants for mercury promulgated under the Act (the ``mercury

NESHAP''), 40 CFR part 61, Subparts A and E, and Section 103(a) of the

Comprehensive Environmental Response, Compensation, and Liability Act

of 1980, as amended, (``CERCLA''), 42 U.S.C. 9603(a), and 40 CFR 302.6

promulgated under CERCLA. The action was originally filed in November

1991.

Defendant Olin Corporation (``Olin'') owns and operates a plant in

Charleston, Tennessee, where it uses mercury chlor-alkali cells to

manufacture chlorine and other products, Olin's mercury chlor-alkali

cell process includes over 400 feet of piping referred to as the

``dilute caustic header.'' The dilute caustic header pipe is an

``alkali metal hydroxide line'' within the meaning of the mercury

NESHAP. Mercury, as well as other substances, flow through this piping.

The United States alleged that Olin Corporation violated the mercury

NESHAP by failing to maintain the header pipe and the cell room

basement floor in good condition. The United States also alleged, among

other things, that on or about August 22, 1988, Olin violated the

mercury NESHAP by allowing the use of torches to cut through the header

pipe to remove and replace it, by allowing mercury to spill from the

header pipe, by failing to ensure that exposed employees were

decontaminated, and by otherwise failing to ensure that the spills were

properly contained or cleaned up.

Under the proposed consent decree, Olin Corporation will pay a

civil penalty of $1,000,000 to the United States in settlement of these

claims as well as other claims relating to the incident on August 22,

1988.

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 for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Olin Corporation, DOJ Ref. # 90-5-2-1-1482.

The proposed consent decree may be examined at the office of the

United Sates Attorney, 1110 Market Street, Suite 301 Chattanooga,

Tennessee 37402, (615) 752-5140; United States Environmental Protection

Agency, Region IV, 345 Courtland Street NE., Atlanta, Georgia 30365;

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. In

requesting a copy please refer to the referenced case and enclose a

check in the amount of $2.75 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environmental and Natural

Resources Division.

[FR Doc. 94-10812 Filed 5-4-94; 8:45 am]

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