# 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%3A96-8040

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** April 3, 1996
- **Citation:** 61 FR 14811

## 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, 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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-8040. Public record. Not legal advice.