# Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-2462

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 1, 1995
- **Citation:** 60 FR 6292

## Text

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-2462. Public record. Not legal advice.