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[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Notices]
[Pages 56930-56931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19403]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on September 13, 
2005, a Consent Decree in the matter of United States, et al. v. Clean 
Harbors Services, et al., Civil Action No. 05 C 5234 was lodged with 
the United States District Court for the Northern District of Illinois.
    In a complaint that was filed simultaneously with the Consent 
Decree, the United States, the State of Illinois, and the State of 
Louisiana sought injunctive relief and penalties against ten affiliated 
companies of Clean Harbors Environmental Services, Inc. (``Clean 
Harbors''), pursuant to Sections 113(b) and 304(a) of the Clean Air Act 
(``CAA''), 42 U.S.C. 7413(b), 7604(a), for alleged violations of the 
Benzene Waste Operations National Standard for Hazardous Air 
Pollutants, 40 CFR 63.340 et seq., (``Benzene Waste NESHAP'') occurring 
at facilities owned and operated by Clean Harbors at the following 
locations: Chicago, Illinois; Cincinnati, Ohio; Braintree, 
Massachusetts; Bristol, Connecticut; Baton Rouge, Louisiana; 
Plaquemine, Louisiana; Pa Porte, Texas; Deer Park, Texas; Kimball, 
Nebraska; and Aragonite, Utah.
    Under the settlement, Clean Harbors, inter alia, will calculate 
benzene waste quantities at the point where the waste enters each 
facility; will either directly sample waste or use the highest benzene 
concentration value--instead of the middle value--when a generator 
lists a ``range'' of benzene concentrations in the waste being shipped; 
and will implement a sampling program for waste shipments in order to 
confirm the accuracy of the benzene quantities entering the facilities. 
Clean Harbors also will pay a civil penalty of $300,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General,

[[Page 56931]]

Environmental and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
the United States, et al. v. Clean Harbors Services, et al., D.J. Ref. 
No. 90-5-2-1-06949.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 219 W. Dearborn St., Chicago, IL 60604, and at U.S. 
EPA Region 5, 77 W. Jackson St., Chicago, IL 60604. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 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 ([email protected]), fax number (202) 514-
0097, phone confirmation number (202) 514-1547. In requesting a copy 
from the Consent Decree Library, pleas enclose a check in the amount of 
$13.00 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

William D. Brighton,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-19403 Filed 9-28-05; 8:45 am]
BILLING CODE 4410-15-M
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