Notice of Lodging of Consent Order Modification Pursuant to the Clean Air Act

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Order Modification Pursuant to the

Clean Air Act

In accordance with Departmental policy at 28 CFR Sec. 50.7, notice

is hereby given that on April 30, 1996 a proposed Second Consent Order

Modification in United States v. New Boston Coke Corporation, Civil

Action No. C-1-84-1427 was lodged with the United States District Court

for the Southern District of Ohio, Western Division. This Second

Consent Order Modification represents settlement of claims by the

United States against the New Boston Coke Corporation (``New Boston'')

for violations of the Clean Air Act, 42 U.S.C. 7401, and certain terms

and conditions of a Consent Order Modification entered on September 25,

1993.

Under this settlement, New Boston will implement and complete a

program for construction of a wastewater treatment system to treat all

direct contact process wastewaters from its coke recovery by-product

plant, with the treated wastewaters to be discharged to the Ohio River

pursuant to a modified National Pollution System Discharge Elimination

System (``NPDES'') permit. New Boston shall then achieve compliance

with certain limitations for total dissolved solids in its quench water

by using only river water or non-contact process cooling water as

makeup water in its quenching operations.

New Boston shall also comply with certain emission limits in

connection with activities at its coke battery. In addition, New Boston

will pay an aggregate civil penalty of $295,000. Stipulated penalties

may be imposed in the event New Boston does not comply with the

requirements of the Second Consent Order Modification.

The Department of Justice will receive comments relating to the

proposed Second Consent Order Modification for a period of thirty (30)

days from the date of this publication. Comments should be addressed to

the Assistant Attorney General of the Environment and Natural Resources

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

refer to United States v. New Boston Coke Corporation, D.J. # 90-5-2-1-

710B.

The proposed Second Consent Order Modification may be examined at

the Office of the United States Attorney, Southern District of Ohio,

220 U.S. Post Office and Courthouse, 100 East Fifth Street, Cincinnati,

Ohio 45202, and at U.S. EPA Region 5, Office of Regional Counsel, 200

West Adams, Chicago, Illinois 60604, 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 Second Consent Order Modification may be

obtained in person or by mail from the Consent Decree Library. In

requesting a copy, please enclose a check in the amount of $6.75 (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-12111 Filed 5-14-96; 8:45 am]

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