Notice of Lodging of Settlement Agreement Under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Emergency Planning and Right To Know Act, and Toxic Substance Control Act

Federal RegisterOct 16, 1998

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DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Agreement Under the Clean Air

Act, Clean Water Act, Resource Conservation and Recovery Act, Emergency

Planning and Right To Know Act, and Toxic Substance Control Act

Notice is hereby given that the United States, on behalf of the

United States Environmental Protection Agency (``EPA'') lodged a

proposed Consent Decree in the United States District Court for the

Eastern District of Kentucky, in United States v. Ashland, Inc., Civil

Action No. 98-157, on October 1, 1998. This Consent Decree resolves the

claims of the United States against Ashland, pursuant to the Clean Air

Act, 16 U.S.C. Sec. 1431, et seq., the Clean Water Act, 33 U.S.C.

Secs. 1251, et seq., the Resource Conservation and Recovery Act,

Secs. 6901, et seq., the Emergency Planning and Community Right-to-Know

Act, 42 U.S.C. Secs. 11011, et seq., the Toxic Substances Control Act,

15 U.S.C. Sec. 2601, et seq., state permits, related state laws, and

state and federal regulations. The consent decree concerns Ashland's

operation of petroleum refineries in Canton, Ohio, Catlettsburg,

Kentucky, and St. Paul Park, Minnesota.

The Consent Decree provides that Ashland will pay $5,864,000 in

cash penalties and will spend approximately $15 million implementing

four Supplemental Environmental Projects (``SEPs''). In addition,

Ashland has agreed to undertake injunctive work at its three

facilities. The cost of this work totals approximately $12 million. The

consent decree further provides for the payment of interest from the

date of lodging the decree and stipulated penalties should Ashland fail

to comply with the decree including failure to complete any of the

injunctive work or SEPs.

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

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

proposed Settlement Agreement. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States v. Ashland, Inc. DOJ #90-7-1-906.

The proposed Settlement Agreement may be examined at the following

offices: United States Attorney, Eastern District of Kentucky, 110 West

Vine Street, Suite 400, Lexington, KY 40596-3077, United States

Attorney for the Northern District of Ohio, 1800 Bank One Center, 600

Superior Ave., E., Cleveland, Ohio 44114-2600; United States Attorney

for the District of Minnesota, 300 South 4th St., Suite 600,

Minneapolis, Minnesota 55415; and at the Consent Decree Library, 1120 G

Street, N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A copy

of the proposed Settlement Agreement may be obtained in person or by

mail from the Consent Decree Library, 1120 G Street, N.W., 3rd Floor,

Washington, D.C. 20005. In requesting a copy please refer to the

reference given above and enclose a check in the amount of $9.75 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-27853 Filed 10-15-98; 8:45 am]

BILLING CODE 4410-15-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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