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 consent decree in United States v.

Franklin Smelting & Refining Corp., Civil Action No. 97-0821, was

lodged on February 4, 1997 with the United States District Court for

the Eastern District of Pennsylvania.

The complaint, filed contemporaneously with the lodging of the

proposed consent decree, sought civil penalties and injunctive relief

against Franklin Smelting & Refining Corporation (``Franklin

Smelting'') under the Clean Air Act. The complaint alleged that

Franklin Smelting has violated the Clean Air Act, 42 U.S.C. Sec. 7401

et seq., and the Pennsylvania Implementation Plan.

Under the proposed consent decree, Franklin Smelting has agreed to

install and operate pollution control equipment, including building

enclosures and baghouse systems at its facility at Castor Avenue of

Richmond Street, Philadelphia, Pennsylvania, and pay $50,000 in civil

penalties. The settlement is based on a demonstration by Franklin

Smelting of its financial inability to pay the United States for any

additional civil penalties.

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

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

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

U.S. Department of Justice, 950 Pennsylvania Avenue, NW., Washington,

DC 20530-0001 and should refer to United States v. Franklin Smelting &

Refining Corp., DOJ Ref. #90-5-2-1-2041.

The proposed consent decrees may be examined at the United States

Attorney's Office, Eastern District of Pennsylvania, 615 Chestnut

Street, Suite 1250, Philadelphia, PA 19106-4476; Region III Office of

the Environmental Protection Agency, 841 Chestnut Street, Philadelphia,

Pennsylvania 19107-4431; and at the Consent Decree Library, 1120 ``G''

Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of

the proposed decrees may be obtained in person or by mail from the

Consent Decree Library at the address listed above. In requesting a

copy, please refer to the referenced case and number, and enclose a

check in the amount of $30.50 (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. 97-3637 Filed 2-12-97; 8:45 am]

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