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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-10812

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** May 5, 1994

## Text

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-10812. Public record. Not legal advice.