Notice of Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act and the Emergency Planning and Community Right-to-Know Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Resource

Conservation and Recovery Act and the Emergency Planning and Community

Right-to-Know Act

In accordance with the policy of the Department of Justice, 18

U.S.C. Sec. 50.7, notice is hereby given that a proposed consent decree

in United States v. American National Can Co., Civ. No. 2-95-CV-71-RL,

was lodged with the United States District Court for the Northern

District of Indiana, on April 30, 1997. That action sought civil

penalties and injunctive relief for violations of Subchapter III of the

Resource Conservation and Recovery Act, as amended (``RCRA''), 42

U.S.C. Sec. 6921 et seq., and its implementing hazardous management

regulations at 40 CFR part 260 et seq., and civil penalties for

violations of the Emergency Planning and Community Right-To-Know Act

(``EPCRA''), 42 U.S.C. Sec. 11001 et seq., and its implementing

regulations at 40 CFR part 372, at defendant's former Hammond, Indiana

facility. The decree requires American National Can Co. to pay $400,000

in civil penalties to the United States and certify that it has fully

transferred its ownership interest in its Hammond, Indiana facility.

Since American National Can Co. sold its Hammond, Indiana Facility in

1995, the consent decree does not require injunctive relief.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of 30 days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resource Division, Department of

Justice, Washington, D.C. 20530. All comments should refer to United

States v. American National Can Co., D.J. Ref. 90-7-1-751.

The proposed consent decree may be examined at the office of the

United States Attorney for the Northern District of Indiana, 1001 Main

Street, Suite A, Dyer, Indiana 46311, at the Region V office of the

United States Environmental Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604, and at the Consent Decree Library,

1120 G Street, N.W., 4th floor, Washington, D.C. 20005, telephone no.

(202) 624-0892. A copy of the proposed consent decree may be obtained

in person or by mail from the Consent Decree Library. In requesting a

copy, please enclose a check in the amount of $3.75 for the decree (25

cents per page reproduction costs) payable to the Consent Decree

Library. When requesting a copy, please refer to United States v.

American National Can Co., D.J. Ref. 90-7-1-751.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-12967 Filed 5-16-97; 8:45 am]

BILLING CODE 4410-15-M