Notice of Lodging of Consent Decree Pursuant to the Clean Air Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

and the Resource Conservation and Recovery Act

In accordance with 28 CFR 50.7, the Department of Justice gives

notice that a proposed consent decree in United States v. Refined

Metals Corporation, Civil Action No. IP 90-2077-C (S.D. Ind.), was

lodged with the United States District Court for the Southern District

of Indiana, on July 14, 1998. The proposed consent decree would resolve

the United States' civil claims against the Refined Metals Corporation

under the Clean Air Act (CAA), 42 U.S.C. 7401 et seq., and the Resource

Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., for

certain of its operations at its facility in Beech Grove, Indiana.

Under the terms of the proposed consent decree, defendant Refined

Metals Corporation will comply with all applicable requirements of the

CAA and RCRA, perform closure and corrective actions at its plant, and,

in the event the company recommences operations, install air pollution

control equipment that will prevent emissions of lead and particulate

matter in excess of the State Implementation Plan limits. In addition,

the Decree provides for the payment of a $210,000 civil penalty,

including

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interest from February 26, 1998, and stipulated penalties for failure

to comply with the CAA, RCRA, and 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 consent decree. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

United States Department of Justice, Washington, DC 20530, and should

refer to United States v. Refined Metals Corporation, Civil Action No.

IP 90-2077-C (S.D. Ind.) and DOJ Reference No. 90-11-2-469.

The proposed consent decree may be examined at: (1) the office of

the United States Attorney for the Southern District of Indiana, U.S.

Courthouse 5th Floor, 46 East Ohio Street, Indianapolis, Indian 46204,

317-226-6333; (2) the United States Environmental Protection Agency

(Region 5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590;

and (3) the U.S. Department of Justice, Environment and Natural

Resources Division Consent Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 2005-202-624-0892. In requesting a copy, please

refer to the referenced case and enclose a check in the amount of

$70.00 (pages at 25 cents per page reproduction costs), made payable to

the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-19737 Filed 7-23-98; 8:45 am]

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