Notice of Lodging of Stipulation Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Stipulation Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, and Section

113(g) of the Clean Air Act, 42 U.S.C. 7413(g), notice is hereby given

that a proposed Stipulation in United States v. Commonwealth of

Pennsylvania and Pennsylvania Department of Corrections, Civil Action

No. 4:CV-96-0563, was lodged on November 26, 1997 with the United

States District Court for the Middle District of Pennsylvania. The

proposed Stipulation is intended to settle an action that the United

States brought on behalf of the United States Environmental Protection

Agency under Section 113(b) of the Clean Air Act, 42 U.S.C. 7413(b),

against the Commonwealth of Pennsylvania and the Pennsylvania

Department of Corrections (``defendants'') seeking civil penalties and

injunctive relief to redress defendants' alleged violations of

emissions limits promulgated by Pennsylvania and incorporated into the

Pennsylvania State Implementation Plan (SIP) under Section 110(a) of

the Clean Air Act, 42 U.S.C. 7410(a). The alleged violations concern

particulate matter emitted in connection with the operation of three

coal-fired boilers at the State Correctional Institute at Camp Hill,

Pennsylvania. Under the terms of the proposed Stipulation, the

defendants will be required to (1) pay a civil penalty of $192,500, (2)

install new pollution control equipment for their coal-fired boilers by

January 31, 1998, (3) demonstrate compliance with the applicable

particulate matter emission limits by March 15, 1998, using the new

control equipment, and (4) continue to operate in compliance with those

emission limits in the interim using temporary fuel-oil boilers that

were installed at the facility in July 1997.

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

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

proposed Stipulation. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Commonwealth of Pennsylvania and Pennsylvania Department of

Corrections, DOJ Ref. No. 90-5-2-1-2058.

The proposed Stipulation may be examined at the office of the

United States Attorney for the Middle District of Pennsylvania, Federal

Building, 228 Walnut Street, Room 217, Harrisburg, PA 17108; 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 Stipulation 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 $4.75 (25 cents

per page reproduction costs) payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-32477 Filed 12-11-97; 8:45 am]

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