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 C.F.R. Sec. 50.7, 38

Fed. Reg. 19029, and 42 U.S.C. Sec. 7413(g) notice is hereby given that

on January 10, 1995, a proposed Consent Decree in United States v.

Borden, Inc., Civil Action No. 95-10054REK, was lodged with the United

States district Court for the District of Massachusetts resolving the

matters alleged in the United States' complaint file on that date. The

proposed Consent Decree represents a settlement of the United States'

claims against Borden under the Clean Air Act and the Massachusetts SIP

for emissions of violative organic compounds (``VOCs'') in excess of

the emission limit provided in 310 CMR Sec. 7.18(16), from the vinyl

coating lines at Borden's Vernon Plastics Division (the ``Vernon

facility'') located on Shelley Road in Haverhill, Massachusetts.

Under the proposed Consent Decree the Defendant shall pay to the

United States a civil penalty in the amount of eighty-two thousand, two

hundred and seventy eight dollars ($82.278), plus interest, within

fifteen (15) days of entry of the Consent Decree. The proposed Consent

Decree also requires that Borden shall (1) comply with the VOC

emissions limitations for vinyl surface coating contained in the

Massachusetts federally approved SIP, 310 CMR Sec. 7.18(16), including

any amendments thereto; (2) provide written certification to EPA

throughout the period the Consent Decree remains in effect that

documents the emissions capture, enclosure, and/or incinerator devices

are performing adequately; and (3) submit protocols for emissions and

performance testing and perform any emissions and performance testing

within thirty days of receipt of notification from EPA of a testing

requirement.

The Department of Justice will receive, for thirty (30) days from

the date of publication of this notice, written comments relating to

the Consent Decree. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division, U.S.

Department of Justice, Washington, D.C. 20530 and should refer to

United States v. Borden, Inc., D.O.J. Ref. No. 90-5-2-1-1525.

The proposed Consent Decree may be examined at the Office of the

United States Attorney for the District of Massachusetts, 1107 J.W.

McCormack Post Office and Courthouse, Boston, Massachusetts 02109; at

the Region I Office of the Environmental Protection Agency, JFK Federal

Building, Boston, Massachusetts, 02203; and at the Consent Decree

Library, 1120 G Street NW., 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 NW.,

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

enclose a check in the amount of $3.72 (25 cents per page reproduction

charge) payable to Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-2462 Filed 1-31-95; 8:45 am]

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