[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Notices]
[Page 74330-74331]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-73]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Notice is hereby given that on December 14, 2007, a proposed
Consent Decree in Barbara Fisher and the United States v. Perma-Fix of
Dayton, Inc., Civil Action No. 3:04 CV 418, was lodged with the United
States District Court for the Southern District of Ohio.
This case began as a citizen suit filed by Barbara Fisher against
Perma-Fix of Dayton, Inc. (``Perma-Fix'') under section 304 of the
Clean Air Act (``CAA'' or ``Act'') for violations of provisions of the
federally enforceable Ohio State Implementation Plan (``SIP'') adopted
pursuant to section 110 of the Act, 42 U.S.C. 7410; violations of the
Title V Permit Program at section 502(a) of the Act, 42 U.S.C. 7661a,
and 40 CFR 70.5(a) and 70.7(b), and Ohio Admin. Code Chapter 3745-77;
violations of the National Emission Standards for Hazardous Air
Pollutants (``NESHAP'') for Off-Site Waste Recovery Operations (the
``OSWRO regulations'') codified at 40 CFR Part 63, Subpart DD; and
violation of the nuisance provisions at Ohio Administrative Code 3745-
15-07.
The United States intervened as a plaintiff in this action, seeking
injunctive relief and civil penalties under section 113(b) of the Act,
42 U.S.C. 7413(b), against Perma-Fix for violations of the OSWRO
NESAHAP regulations codified at 40 CFR Part 63, Subpart DD; the general
NESHAP regulations at 40 CFR Part 63, Subpart A; the Title V Permit
Program at section 502(a) of the Act, 42 U.S.C. 7661a, and 40 CFR
70.5(a) and 70.7(b), and Ohio Admin. Code Chapter 3745-77; and
provisions in the federally enforceable Ohio SIP adopted pursuant to
section 110 of the Act, 42 U.S.C. 7410. The violations occurred at
Perma-Fix's industrial waste processing facility in Dayton, Ohio.
The proposed Consent Decree resolves the United States' claims
against Perma-Fix. Under the proposed Consent Decree, Perma-Fix will
implement a compliance program that includes: Implementation of certain
[[Page 74331]]
pollution control measures at specified emission units; installation of
a continuous monitoring system at the facility's regenerative thermal
oxidizer (``RTO''); venting of certain vapor streams to the RTO; and
engineering evaluation of airflow through the closed vent system to the
RTO; visual inspection of vents, the closed vent system, and wastewater
transfer lines; the implementation of standard operating procedures for
the containment areas, the bioplant, and the solidification process;
and the submission of applications for state-issued permits to install
and an application for a Clean Air Act Title V permit. In addition,
Perma-Fix will pay a civil penalty of $360,000 and perform three
Supplemental Environmental Projects at the cost of at least $562,000.
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, Environment and Natural Resources Division, and
either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should
refer to Barbara Fisher and the United States v. Perma-Fix of Dayton,
Inc., D.J. Ref. 90-5-2-1-08318.
The proposed Consent Decree may be examined at the Office of the
United States Attorney, Room 602, Federal Building, 200 W. Second
Street, Dayton, Ohio 45402, and at U.S. EPA Region 5, 77 West Jackson
Boulevard, Chicago, IL 60604. During the public comment period, the
proposed Consent Decree may also be examined on the following
Department of Justice Web site, to http://www. usdoj.gov/enrd/Consent--
Decrees.html. A copy of the proposed Consent Decree may also be
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611 or by faxing or e-
mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax
no. (202) 514-0097, phone confirmation number (202) 514-1547. In
requesting a copy from the Consent Decree Library, please enclose a
check in the amount of $17.25 (25 cents per page reproduction cost)
payable to the U.S. Treasury or, if by e-mail or fax, forward a check
in that moment to the Consent Decree Library at the stated address.
Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-6242 Filed 12-28-07; 8:45 am]
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