Notice of Consent Decree Under the Clean Air Act, the Resource Conservation and Recovery Act, and the Emergency Planning and Community Right-to-Know Act

DEPARTMENT OF JUSTICE

Notice of Consent Decree Under the Clean Air Act, the Resource

Conservation and Recovery Act, and the Emergency Planning and Community

Right-to-Know Act

Notice is hereby given that a consent decree in United States v.

American Insulated Wire Corp., Civil Action No. 98CV10993NG (D. Mass.)

was lodged with the United States District Court for the District of

Massachusetts on May 26, 1998.

In this action the United States sought injunctive relief and civil

penalties under Section 113(b) of the Clean Air Act (``CAA''), 42

U.S.C. 7413(b), Sections 3008 (a) and (g) of the Resource Conservation

and Recovery Act (``RCRA''), 42 U.S.C. 6928 (a) and (g), and Section

325(c)(1) and (4) of the Emergency Planning and Community Right-to-Know

Act (``EPCRA''), 42 U.S.C. 11045(c) (1) and (4), against American

Insulated Wire Corp. (``AIW''). The alleged violations include failure

to obtain permits required under the CAA, failure to comply with

various hazardous waste handling requirements under RCRA (e.g., failure

to keep hazardous waste containers labelled, marked and closed as

required; failure to conduct weekly inspections), and failure to make

complete and accurate reports required under EPCRA. The consent decree

resolves these claims.

The consent decree requires AIW: to comply with the Clean Air Act,

RCRA, and EPCRA; to pay a civil penalty to the United States of

$1,400,000; and to implement two supplemental environmental projects

(``SEPs'') at an estimated cost of $994,475. The first SEP requires AIW

to retrofit the oil-fired boilers that provide power to the facility to

burn natural gas as well, and to burn only natural gas during the

period from May 1 through September 30 for two consecutive years. The

second SEP requires AIW to construct a closed-loop wastewater treatment

and recycling system at the facility.

The Department of Justice will accept written comments relating to

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,

D.C. 20044 and refer to United States v. American Insulated Wire Corp.

(D. Mass.), DJ #90-7-1-903.

Copies of the proposed consent decree may be examined at the Office

of the United States Attorney, 1003 J.W. McCormack P.O. & Courthouse,

Boston, MA 02109; at the U.S. Environmental Protection Agency, Region

I, One Congress Street, Boston, Massachusetts 02203; and at the Consent

Decree Library, 1120 G Street, NW, 4th Floor, Washington, DC 20005,

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

person or by mail at the Consent Decree Library, 1120 G Street, NW, 4th

Floor, Washington, DC 20005. When requesting a copy of the consent

decree by mail, please enclose a check in the amount of $6.50 (twenty-

five cents per page reproduction costs) payable to the ``Consent Decree

Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, U.S. Department of Justice.

[FR Doc. 98-15330 Filed 6-8-98; 8:45 am]

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