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

Federal RegisterNov 4, 1996

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DEPARTMENT OF JUSTICE

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

Notice is hereby given that on August 29, 1996, a proposed Consent

Decree was lodged with the United States District Court for the

District of Alaska in United States v. Ketchikan Pulp Company, Civil

Action No. A96 313 CIV. The proposed Consent Decree settles claims

asserted by the United States at the request of the United States

Environmental Protection Agency (``EPA'') in a complaint filed on the

same day. The United States filed its complaint pursuant to Section 113

of the Clean Air Act (``CAA'' or ``Act''), 42 U.S.C. Sec. 7413(b). The

complaint requested the assessment of civil penalties against defendant

Ketchikan Pulp Company (``KPC'') for the following: (1) violations of

the CAA's prevention of significant deterioration (``PSD'') program as

set forth in Part C of Title I, 42 U.S.C. Sec. 7471 et seq., and in the

regulations promulgated thereunder, 40 CFR Sec. 52.21; and (2)

violations of a Compliance Order issued by EPA Region 10 under Section

113 of the CAA, 42 U.S.C. Sec. 7413(a). The United States alleges that

the violations occurred in connection with the construction and

operation of equipment at KPC's Annette Hemlock Sawmill which is

located on the Annette Island Indian Reservation in southeast Alaska.

Under the proposed Consent Decree, KPC will pay a civil penalty of

$359,000 to the United States to resolve EPA's claims as set forth in

the Complaint. In

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addition, KPC maintains responsibility for complete compliance with all

federal or state laws, regulations, and permits applicable to the

Sawmill.

The Department of Justice will receive written comments relating to

the proposed Consent Decree for thirty (30) 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, U.S. Department of Justice, Washington, D.C. 20530, and

should refer to United States v. Ketchikan Pulp Company, DOJ #90-5-2-1-

1957. The proposed Consent Decree may be examined at the Region 10

Office of EPA, 7th Floor Records Center, 1200 Sixth Avenue, Seattle, WA

98101. A copy of the Consent Decree may be obtained in person or by

mail from the Consent Decree Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005 (202) 624-0892. In requesting copies, please

enclose a check in the amount of $3.50 (25 cents per page copy cost)

payable to the ``Consent Decree Library.''

Joel Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-28153 Filed 11-1-96; 8:45 am]

BILLING CODE 4410-01-M

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