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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the Clean Air

Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that proposed consent decrees with defendants Peora Coal

Company (``Peora''), and RPM Resources, Inc. (``RPM''), defendants in

United States v. Peora Coal Company and RPM Resources, Inc., Civil

Action No. 90-104-C, were lodged on October 24, 1994, with the United

States District Court for the Northern District of West Virginia. The

proposed consent decrees resolve an action for civil penalties and

injunctive relief brought by the United States under Section 113(b) of

the Clean Air Act, 42 U.S.C. 7413(b), for violations of the National

Emission Standards for Hazardous Air Pollutants (NESHAP) (Asbestos).

The violations occurred in 1990 during an asbestos removal project at a

coal preparation plant owned by Peoria in Enterprise, West Virginia.

The proposed settlement with Peora provides that Peora will pay a

civil penalty of $32,500 and take steps to ensure future compliance

with the NESHAP requirements. The proposed settlement with RPM provides

that RPM will pay a civil penalty of $10,000 and ensure future

compliance. In May, 1992 RPM filed a voluntary petition for bankruptcy

under Chapter 7 of the Bankruptcy Code (Bankruptcy Ct., W.D. Pa.).

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 decrees. Comments should be addressed to the Acting

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, DC 20530, and should refer

to United States v. Peora Coal Company and RPM Resources, Inc., DOJ

Ref. #90-5-2-1-1517. The proposed consent decrees may be examined at

the Office of the United States Attorney for the Northern District of

West Virginia, Room 326, Federal Building, 300 3rd Street, Elkins, West

Virginia 26241; the Region III Office of the Environmental Protection

Agency, 841 Chestnut Street, Philadelphia, PA 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 copies, please refer to

the referenced case and enclose a check in the amount of $4.50 for the

Peora consent decree and $5.00 for the RPM consent decree (25 cents per

page reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-28221 Filed 11-15-94; 8:45 am]

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