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, please

be advised that a proposed Consent Decree was lodged on March 12, 1997,

in United States v. Camden Iron & Metal, Inc., and S.P.C. Corporation,

C.A. No. 96-2972, with the United States District Court for the Eastern

District of Pennsylvania (``District Court''). The proposed consent

decree addresses alleged violations of the National Recycling and

Emission Reduction Program, which is found in Section 608 of the Clean

Air Act, 42 U.S.C. Sec. 7671g, and the regulations promulgated

thereunder at 40 C.F.R. part 82, subpart F. The alleged violations took

place at the defendants' scrap metal recycling facility in

Philadelphia, Pennsylvania.

A complaint filed in May of 1996 alleged that the defendants

violated the Clean Air Act's National Recycling and Emission Reduction

Program by failing to either (a) Evacuate all chlorofluorocarbon (CFC)-

containing refrigerants from appliances prior to disposal, or (b)

verify that the suppliers of the appliances had properly evacuated the

CFC refrigerant prior to sending the appliances to the facility. The

Complaint also alleged that the defendants violated Section 114 of the

Clean Air Act by failing to provide timely and complete responses to

information requests made by EPA.

Under the terms of the Consent Decree, the defendants will pay a

penalty of $125,000, and will spend $375,000 on a supplemental

environmental project (SEP). The SEP requires the defendants to work

with municipalities in the Philadelphia metropolitan area to establish

programs to recover CFC refrigerant from discarded and abandoned

appliances, such as refrigerators and air conditioning units.

Comments regarding this settlement 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. Camden Iron & Metal, Inc. and S.P.C. Corp.,

DOJ Ref. # 90-5-2-1-2028. The proposed consent decree may be examined

at the Office of the United States Attorney, 615 Chestnut Street, 13th

Floor, Suite 1300, Philadelphia, Pennsylvania 19106 and the Region III

Office of the Environmental Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107. A copy of the proposed consent decree

[[Page 26569]]

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.

The proposed decree contains 40 pages, without attachments. The

attachments constitute an additional 109 pages. To obtain a copy of the

decree, please enclose a check in the amount of $8.50 (25 cents per

page reproduction costs). Please make the check payable to the Consent

Decree Library, and refer to the case by its title and DOJ Ref. # 90-5-

2-1-2028.

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-12566 Filed 5-13-97; 8:45 am]

BILLING CODE 4410-15-M