Notice of Lodging of Consent Decree in Clean Air Act Civil Enforcement Action

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree in Clean Air Act Civil

Enforcement Action

In accordance with the Department Policy, 28 CFR 50.7, notice is

hereby given that a conset Decree in United States and Commonwealth of

Pennsylvania v. Celotex Corporation, Civil Action No. 4CV-97-0256, was

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

Pennsylvania on July 30, 1998. The United States filed a complaint on

Febuary 20, 1997, against Celotex, alleging violations of the Clean Air

Act, 42 U.S.C. 7401 et seq., occurring at Celotex's fiberboard

manufacturing facility located in Sunbury, Pennsylvania. The United

States' compaint alleged that Celotex violated the Clean Air Act by

emitting air pollutants in excess of the standards for visible

emissions and fugitive emissions established in the federally-approved

and federally-enforceable Pennsylvania State Implementation Plan

(``SIP''). The Commonwealth of Pennsylvania intervened in the action

filed by the United States, alleging the same violations.

The proposed Consent Decree resolves Celotex's liability to the

United States and the Commonwealth of Pennsylvania for violations

alleged in the complaints. The Decree requires Celotex to: (1) make

modifications to and install air pollution control equipment at its

Sunbury facility; (2) comply with the fugitive and visible emissions

provisions of the Pennsylvania SIP; and (3) pay a civil penalty of

$200,000 to the United States and $200,000 to the Commonwealth of

Pennsylvania.

The Department of Justice will accept written comments on 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 Frankin station, Washington,

D.C. 22044 and refer to United States and Commonwealth of Pennsylvania

v. Celotex Corporation, DOJ No. 90-5-2-1-2112.

Copies of the proposed Consent Decree may be examined at the office

of the United States Attorney, Middle District of Pennsylvania, Federal

Building, Room 1162, 228 Walnut Street, Harrisburg, Pennsylania; Region

III Office of EPA, 841 Chestnut Building, Philadelphia, Pennsylvania

19107; and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the proposed

Consent Decree may be obtained in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005.

When requesting a copying of the proposed Consent Decree, please

enclose a check to cover the twenty-five cents per page reproduction

costs payable to the ``Consent Decree Library'' in the amount of

$12.75, and please reference DOJ No. 90-2-1-2112.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Nature

Resources Division, U.S. Department of Justice.

[FR Doc. 98-21496 Filed 8-10-98; 8:45 am]

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