Notice of Lodging of Consent Decree in Clean Air Act Civil Enforcement Action

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree in Clean Air Act Civil

Enforcement Action

In accordance with the Departmental Policy, 28 CFR Sec. 50.7,

notice is hereby given that a Consent Decree in United States v.

Westinghouse Electric Corp., Waste Resource Energy, Inc., and York

Resource Energy, Inc., Civil Action No. 97-3287, was lodged with the

United States District Court for the Eastern District of Pennsylvania

on May 8, 1997.

The United States filed a complaint on May 8, 1997, against

Westinghouse Electric Corp., Waste Resource Energy, Inc., and York

Resource Energy, Inc. (``defendants''), alleging violations of the

Clean Air Act, 42 U.S.C. Sec. 7401 et seq., occurring at defendants'

municipal solid waste incinerators located in Chester and York,

Pennsylvania. The complaint alleges that the defendants violated the

Clean Air Act by emitting air pollutants, including hydrochloric acid,

carbon monoxide, and sulphur dioxide in amounts in excess of the limits

established in the defendants' Prevention of Significant Deterioration

(``PSD'') permits, which were issued to defendants by the Pennsylvania

Department of Environmental Protection (``PADEP''). The Commonwealth of

Pennsylvania, on behalf of PADEP, filed a complaint in intervention in

the action brought by the United States.

The proposed Consent Decree resolves the defendants' liability to

the United States and to the Commonwealth of Pennsylvania for the

violations alleged in the complaints. The Decree requires the

defendants to: (1) comply with the terms of their PSD permits; (2)

operate and maintain their incinerators in compliance with certain

terms of the Decree; (3) perform certain supplemental environmental

projects valued at $300,000; and (4) pay a civil penalty of $50,000 to

the United States and $50,000 to the Commonwealth of Pennsylvania.

The Department of Justice will accept written comments on the

proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Please address comments to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin station, Washington,

DC 20044 and refer to United States v. Westinghouse Electric Corp.,

Waste Resource Energy, Inc., and York Resource Energy, Inc., DOJ Nos.

90-5-2-1-1980 and 90-5-2-1-1980A.

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

of the United States Attorney, Eastern District of Pennsylvania, 615

Chestnut Street, Twelfth Floor, Philadelphia, Pennsylvania; Region III

Office of EPA, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;

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. When

requesting a copy of the proposed Consent Decree, please enclose a

check to cover the twenty-five cents per page reproduction costs

payable to the ``Consent Decree Library'' in the amount of $14.50, and

please reference DOJ Nos. 90-5-2-1-1980 and 90-5-2-1-1980A.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, U.S. Department of Justice.

[FR Doc. 97-13472 Filed 5-21-97; 8:45 am]

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