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 on June 30, 1995, a proposed Consent Decree in United

States v. Bio-Energy Corporation, Civil No. 95-327-JD, was lodged with

the United States District Court for the District of New Hampshire to

resolve this matter. The proposed Consent Decree concerns the alleged

violation by Bio-Energy at its West Hopkinton facility of the Clean Air

Act, 42 U.S.C. 7475, and the regulations for the Prevention of

Significant Deterioration (``PSD'') found at 40 CFR 51.21, and

incorporated into the New Hampshire State Implementation Plan at 40 CFR

51.1529. Bio-Energy constructed and operated a wood-fired boiler

without obtaining a major source PSD permit.

Under the terms of the Consent Decree, Bio-Energy will pay a civil

penalty of $100,000. Bio-Energy has installed equipment to reduce its

carbon monoxide and particulate matter emissions. Bio-Energy agrees to

maintain these improvements and comply with the terms of a permit to

operate issued by the State of New Hampshire.

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 of the Environment and Natural Resources Division,

Department of Justice, Ben Franklin Station, Washington, DC 20044, and

should refer to United States v. Bio-Energy Corporation, D.J. Ref. 90-

5-2-1-1131.

The proposed Consent Decree may be examined at the Region 1 Office

of the Environmental Protection Agency, One Congress Street, Boston,

Massachusetts or the Office of the United States Attorney for the

District of New Hampshire, 55 Pleasant Street, Concord, New Hampshire.

Copies of the Consent Decree may be examined at the Environmental

Enforcement Section Document Center, 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 Document Center.

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

check in the amount of $3.00 (25 cents per page reproduction cost

excluding attachments) made payable to Consent Decree Library.

Bruce Gelber,

Acting Section Chief, Environment and Natural Resources Division.

[FR Doc. 95-17656 Filed 7-18-95; 8:45 am]

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