[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Page 13822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1429]


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DEPARTMENT OF JUSTICE


Notice of Lodging of United States v. MFS, INC., (A/K/A Mineral 
Fiber Specialists), Civil Action No. 05-6656, (E.D. PA.) Under the 
Clean Air Act

    Notice is hereby given that on March 9, 2007 a proposed Consent 
Decree United States v. MFS, Inc., (a/k/a Mineral Fiber Specialists), 
Civil Action No. 05-6656, (E.D. Pa.) was lodged with the United States 
District Court for the Eastern District of Pennsylvania.
    In this action the United States sought injunctive relief and civil 
penalties pursuant to Section 113(b) of the Clean Air Act, as amended 
(``CAA'') 42 U.S.C. 7413(b), for alleged violations by Defendant MFS, 
Inc. of Section 112 of the CAA, 42 U.S.C. 7412, and the applicable 
requirements of 40 CFR part 63, subpart DDD. Defendant MFS, Inc. owns 
and operates a mineral wool production plant in the City of Bethlehem, 
Northampton County, Pennsylvania and is therefore subject to National 
Emission Standards for Hazardous Air Pollutants (``NESHAP'') for 
mineral wool manufacturers codified at 40 CFR part 63, subpart DDD 
(``Mineral Wool or MW NESHAP''), specifically Sec. Sec.  63.1175-
63.1196. The Consent Decree requires the performance of injunctive 
relief including initial performance testing of the MFS facility, 
stipulated penalties for violations of Decree requirements and the 
payment of a civil penalty to the United States in the amount of 
$109,000. The Decree authorizes MFS to use an alternative test protocol 
set forth in Appendix A to the Decree to determine compliance with the 
particulate matter (``PM'') emission limits set forth in the Mineral 
Wool NESHAP, set forth in 40 CFR subpart DDD. If EPA determines that 
MFS has not complied with the NESHAP, the Decree requires MFS to 
further submit a plan to achieve compliance with the NESHAP subject to 
EPA review and approval. The Decree provides for stipulated penalties 
for noncompliance with the Decree requirements.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the lodged 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to <a href="/cdn-cgi/l/email-protection#c7b7b2a5a4a8aaaaa2a9b3eaa2a2b4e9a2a9b5a387b2b4a3a8ade9a0a8b1"><span class="__cf_email__" data-cfemail="cebebbacada1a3a3aba0bae3ababbde0aba0bcaa8ebbbdaaa1a4e0a9a1b8">[email protected]</span></a> or mailed to P.O. Box 7611, and 
should refer to United States v. MFS, Inc. (a/k/a Mineral Fiber 
Specialists), Civil Action No. 05-6656 (E.D. Pa).
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Eastern District of Pennsylvania in 
Philadelphia, Pennsylvania, and at U.S. EPA Region III in Philadelphia, 
Pennsylvania. During the public comment period, the Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 (<a href="/cdn-cgi/l/email-protection#15617a7b7c743b7379707061627a7a71556066717a7f3b727a63"><span class="__cf_email__" data-cfemail="a6d2c9c8cfc788c0cac3c3d2d1c9c9c2e6d3d5c2c9cc88c1c9d0">[email protected]</span></a>), 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 $9 (5 cents per page reproduction cost) payable 
to the U.S. Treasury or, if by e-mail or fax, forward a check in that 
amount to the Consent Decree Library at the stated address.

Virginia Gibson,
Chief, Civil Division, United States Attorney's Office, Eastern 
District of Pennsylvania.
[FR Doc. 07-1429 Filed 3-22-07; 8:45 am]
BILLING CODE 4410-15-M


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