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

Pursuant to 28 C.F.R. Sec. 50.7, notice is hereby given that a

proposed consent decree in United States v. General Electric Co., Civil

Action No. 96-10605-DPW, was lodged on March 22, 1996 with the United

States District Court for the District of Massachusetts. The complaint

in this action was filed against the General Electric Company (``GE''),

pursuant to Section 113(d) of the Clean Air Act (``Act''), 42 U.S.C.

7413(b). The complaint sought penalties and injunctive relief for

violations by GE at its Lynn, Massachusetts facility

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(``Lynn Facility'') of Section 165(a) of the Act, 42 U.S.C. 7475(a),

the Prevention of Significant Deterioration (``PSD'') regulations found

at 40 CFR Sec. 52.21 (b) through (v), Section 111 of the Act, 42 U.S.C.

7411, and the New Source Performance Standards (``NSPS'') found at 40

CFR Sec. 60.44(b). The complaint alleges that GE failed to obtain PSD

permits in connection with the construction of two jet engine test

cells in 1981 and 1982, the modification of two jet engine test cells

in 1986 and 1987, the installation of a new steam-generating boiler in

1986. The complaint also alleges that the steam-generating boiler

violated the NSPS limitations for the emission of nitrogen oxides

(``NOX'') during certain periods of time in 1991 and 1992.

Pursuant to the proposed consent decree, GE has agreed to pay a

civil penalty of $225,000 and to implement a Supplemental Environmental

Project that involves the replacement of an oil-based coolant with a

water-based coolant for some of the lathing and milling machinery at

the Lynn Facility. GE has also agreed to a cap on the overall annual

NOX emissions from its 29 jet engine test cells, as well as a cap

on the overall annual NOX and SO2 emissions from its four

steam-generating boilers.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Consent Decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. General Electric Co., DOJ Ref. # 90-5-2-1-1892.

The proposed Consent Decree may be examined at the New England

office of the Environmental Protection Agency, One Congress Street,

Boston, Massachusetts (contact Greg Dain at 617-565-3318) and at the

Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC

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, DC 20005. In requesting a copy,

please refer to the referenced case and enclose a check in the amount

of $14.00 ($0.25 per page reproduction costs) payable to the Consent

Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section.

[FR Doc. 96-8859 Filed 4-10-96; 8:45 am]

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