Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, and pursuant

to section 113(g) of the Clean Air Act, 42 U.S.C. 7413(g) notice is

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

Bethlehem Steel Corporation, Civil Action No. 92-5213, was lodged on

May 5, 1994 with the United States District Court for the Eastern

District of Pennsylvania.

The Consent Decree concerns violations of the Clean Air Act, 42

U.S.C. 7401 et seq. (``the Act''), and National Emission Standard for

Hazardous Pollutants for Benzene Emissions from Coke By-Product

Recovery Plants, 40 CFR part 61, subpart L (``Benzene Coke NESHAP''),

promulgated under Section 112 of the Act, as amended, 42 U.S.C. 7412,

at the defendant's coke by-product recovery plants located in

Bethlehem, Pennsylvania and in Sparrows Point, Maryland.

The complaint in this action alleged that the defendant failed to

come into compliance with the Benzene Coke NESHAP until nine months and

three months after the respective deadlines established in compliance

waivers EPA granted to defendant for the Bethlehem and Sparrows Point

coke by-product plants. The complaint also alleged violations of

reporting requirements to which the defendant was subject under the

compliance waivers and under 40 CFR 61.10. The proposed Consent Decree

requires defendant to comply with the Benzene Coke NESHAP in its future

operations at the Bethlehem and Sparrows Point plants, and to pay a

$650,000 civil penalty, plus interest.

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. Bethlehem Steel Corporation (E.D. Pa.) DOJ Ref. #90-5-2-1-

1729.

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

United States Attorney, 615 Chestnut Street, Suite 1300 Philadelphia,

Pennsylvania 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

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 $6.00 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-12237 Filed 5-18-94; 8:45 am]

BILLING CODE 4410-01-M