Notice of Lodging a Final Judgment by Consent Pursuant to the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging a Final Judgment by Consent Pursuant to the

Clean Air Act, Clean Water Act, and Resource Conservation and Recovery

Act

Notice is hereby given that on August 23, 1995, a proposed consent

decree in United States and Commonwealth of Pennsylvania v. Horsehead

Industries, Inc., et al., Civ. A. No. 1: CV-92-0008, was lodged in the

United States District Court for the Middle District of Pennsylvania.

The complaint in this action seeks civil penalty and injunctive relief

under the Clean Air Act (CAA), 42 U.S.C. 7401 et seq., the Clean Water

Act (CWA), 33 U.S.C. 1251 et seq., and the Resource Conservation and

Recovery Act (RCRA), 42 U.S.C. 6901 et seq., for alleged violations of

these Acts at defendants' Palmerton, Pennsylvania facility.

Under the proposed decree, Horsehead Industries, Inc. and Horsehead

Resource Development Company (collectively, Horseheads),

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recyclers of electric arc furnace dust, have agreed to pay the United

States and the Commonwealth a civil penalty of $5.6 million, and to

invest in extensive capital improvements and operational changes at the

Palmerton facility to minimize the release of contaminants such as

lead, cadmium and zinc. Under the decree Horseheads will upgrade

operations to limit dust and visible emissions from their processing

equipment, and construct buildings to hold materials containing

hazardous substances which are awaiting processing. Horseheads has also

agreed to apply for a recycling permit from the Commonwealth to govern

its hazardous waste recycling activities in Palmerton. Horseheads will

also implement pollution reduction technologies designed to reduce the

contact of waters that are discharged into Acquishicola Creek and

Lehigh River from the facility with soils contaminated with metals. In

return, upon payment of the penalty, Horseheads will receive a covenant

not to sue for enforcement actions under RCRA, CWA and CAA seeking

civil penalties and/or injunctive relief for the specific violations

alleged in the Complaint occurring between January 1987 and the date of

lodging of the Decree.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,

Washington, D.C. 20044, and should refer to United States and

Commonwealth of Pennsylvania v. Horsehead Industries, Inc., et al., DOJ

Reference No. 90-7-1-353.

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

United States Attorney for the Middle District of Pennsylvania, Federal

Building, 228 Walnut Street, Suite 1152, Harrisburg, Pa. 11754; Region

III Office of the Environmental Protection Agency, 841 Chestnut Street,

Philadelphia, Pa.; 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 decree may be obtained in person or by mail from the

Consent Decree Library at the address listed above. In requesting a

copy, please refer to the referenced case and number, and enclose a

check in the amount of $41.00 ($82.00 with appendices) (25 cents per

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

Joel M. Gross,

Acting Chief, Environmental Enforcement Section.

[FR Doc. 95-21645 Filed 8-30-95; 8:45 am]

BILLING CODE 4410-01-M