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 CFR 50.7, notice is

hereby given that a proposed Partial Consent Decree in United States v.

Consolidated Rail Corp., Civil Action No. 94-1437 (E.D.Pa.), was lodged

on August 21, 1997, with the United States District Court for the

Eastern District of Pennsylvania. The decree addresses Conrail's

violations of Section 112 of the Clean Air Act (the ``Act''), 42 U.S.C.

7412, and the National Emission Standards for Hazardous Air Pollutants

for asbestos (``Asbestos NESHAP'') which occurred in 1993 at its Port

Richmond Grain Elevator facility located at 2870 E. Allegheny Avenue,

Philadelphia, PA. Conrail's violations included failure to notify the

City of Philadelphia or EPA of asbestos removal activities involved in

the renovation, failure to wet adequately the asbestos that was being

removed from the facility, and failure to assure that no visible

emissions were released into the outdoor atmosphere.

Under the proposed Partial Consent Decree, Conrail has agreed to

pay a civil penalty of $389,100 to resolve its liability in the instant

District Court action as well as its liabilities in an unrelated

administrative asbestos NESHAP action involving another Conrail

facility in Philadelphia. Conrail has agreed, in addition, to perform

Supplemental Environmental Projects (``SEPs'') valued at $410,900. The

SEPs are referred to in Section VII of the new Decree and described in

detail in the Settlement Conditions Document attached to the Decree.

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

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

proposed Agreement. 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. Consolidated Rail Corp., DOJ Ref. #90-5-2-1-1883.

The proposed Agreement may be examined at the Office of the United

States Attorney, 615 Chestnut Street, Suite 1300, Philadelphia, PA

19106; the Region III Office of the Environmental Protection Agency,

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 Agreement 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 $15.75 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Walker B. Smith,

Deputy Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 97-23115 Filed 8-28-97; 8:45 am]

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