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 is

hereby given that a proposed Partial Consent Decree in United States v.

Consolidated Rail Corp. (``Conrail''), Civil Action No.

[[Page 33430]] 94-1437 (E.D.Pa.), was lodged on June 20, 1995, with the

United States District Court for the Eastern District of Pennsylvania.

The decree addresses Conrail's violations of Section 112 of the Clean

Air Act (the ``Act''), 42 U.S.C. 7412, and certain provisions of the

National Emission Standard for Hazardous Air Pollutants for asbestos

(``Asbestos NESHAP'') which occurred at the Port Richmond Grain

Elevator facility located at 2870 E. Allegheny Avenue, Philadelphia,

PA. Conrail owns the Grain Elevator, which was being renovated during

the time the violations occurred, in late 1992 and early 1993.

Conrail's violations included failure to notify the City of

Philadelphia or EPA of asbestos removal activities involved in the

renovation, failure to wet adequately the asbestos that was being

removed from the facility, and failure to assure that no visible

emissions were released into the outdoor atmosphere.

Under the proposed Partial Consent Decree, Conrail has agreed to

pay a civil penalty of $800,000 to resolve its liability in the instant

District Court action as well as its liabilities in an unrelated

administrative asbestos NESHAP action involving another Conrail

facility in Philadelphia.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Partial Consent Decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States v. Consolidated Rail Corp., DOJ Ref. #90-5-2-1-

1883.

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

United States Attorney, 615 Chestnut Street, 13th Floor, Suite 1300,

Philadelphia Life Building, 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, N.W., 4th Floor, Washington, D.C. 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, N.W.,

4th Floor, Washington, D.C. 20005. In requesting a copy please refer to

the referenced case and enclose a check in the amount of $7.00 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Bruce S. Gelber,

Acting Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 95-15777 Filed 6-27-95; 8:45 am]

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