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, notice is hereby given that on March 14, 1996, a

proposed Consent Decree in United States v. Northeast Food, Inc., Civil

Action No. 96-1136 (AMW), was lodged with the United States District

Court for the District of New Jersey resolving the matters alleged in

the United States' complaint filed on that date. The proposed Consent

Decree represents a settlement of the United States' claims against

Northeast Foods, Inc. under the Clean Air Act and the New Jersey State

Implementation Plan for emissions of volatile organic compounds

(``VOCs'') in excess of the emission limit provided in Title 7, Chapter

27, Subchapter 16.6(a) and Table 4 of the New Jersey Administrative

Code, N.J.A.C. 7:27-16.16(a) (codified as amended at N.J.A.C. 7:27-1616

(1994)), from Northeast's Automatic Division located at One Gourmet

Lane, Edison, New Jersey (the ``Automatic Facility'').

Under the proposed Consent Decree the Defendant shall pay to the

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

three hundred and eighty one dollars ($81,381), plus interest, within

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

Consent Decree also requires that Northeast shall: (1) comply with the

Volatile Organic Compound (``VOC'') emissions limitations contained in

the federally approved New Jersey State Implementation Plan (``SIP''),

including any amendments thereto: (2) provide written certification to

EPA throughout the period the Decree remains in effect that documents

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

performing adequately; and (3) perform any emissions and performance

testing, pursuant to a submitted protocol for 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. Northeast Foods, Inc., D.O.J. Ref. No. 90-5-2-1-1685.

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

United States Attorney for the District of New Jersey located at 970

Broad Street, 5th Floor, Newark, New Jersey 07102; at the Region II

Office of the Environmental Protection Agency located at 290 Broadway,

New York, New York 10007; 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 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. In requesting a copy, please enclose a check

in the amount of $6.75 (25 cents per page reproduction charge) payable

to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources, Division.

[FR Doc. 96-8040 Filed 4-2-96; 8:45 am]

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