[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3155]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to Clean Air Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that on January 12, 1994, a proposed consent decree in
United States v. Williams Pipe Line Company, et al., Civil Action No.
89-1393-T, was lodged with the United States District Court for the
District of Kansas. The proposed consent decree concerns a complaint
filed by the United States on July 25, 1989, which alleged violations
of the Clean Air Act, 42 U.S.C. 7401 et seq., and its implementing
regulations codified at 40 CFR part 61, subpart M, at the Augusta
Refinery which is located in Augusta, Kansas.
The complaint alleged that defendants Derby Refining Company
(Derby), Blackburn, Inc. (Blackburn), and Ventech Engineers, Inc.
(Ventech) failed to adequately wet friable asbestos material while
being stripped or removed as well as failing to adequately wet friable
asbestos material which had been removed or stripped from the facility
while awaiting collection and disposal in accordance with the NESHAP
workplace standards. The complaint also alleged that defendant ARC and
Derby failed to give proper notice of its intent to remove friable
asbestos from the facility in violation of the NESHAP notice provision.
The complaint sought injunctive relief to require compliance with the
asbestos NESHAP standards and civil penalties for past violations.
The Consent Decree requires Defendants, jointly and severally, to
pay $45,000 in settlement of the United States' claims for civil
penalties against them. In addition, the decree requires each
defendants ARC and Derby to develop and implement an Asbestos Control
Program described in Attachment 1 to the Consent Decree.
The Department of Justice will receive for a period of thirty (30)
days from the date of the publication comments relating to the proposed
consent decree. Comments should be addressed to the Assistant Attorney
General of the Environment and Natural Resources Division, United
States Department of Justice, Washington, DC 20530, and should refer to
United States v. Williams Pipe Line Company, et al., Ref. No. 90-5-2-1-
1268.
The proposed consent decree may be examined at the following
locations: (a) Office of the United States Attorney for the District of
Kansas, 306 U.S. Courthouse, 401 North Market Street, Wichita, Kansas
67202; (b) the Region VII Office of the Environmental Protection
Agency, 726 Minnesota Avenue, Kansas City, Kansas 66101; and (c) the
Consent Decree Library, 1120 G Street NW., 4th Floor, Washington, DC
20005, (202) 624-0892. A copy of the proposed consent decrees may be
obtained in person or by mail from the Consent Decree Library. In
requesting a copy of the Consent Decree, please enclose a check for
copying costs in the amount of $4.25 (25 cents per page reproduction
costs), payable to the Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section.
[FR Doc. 94-3155 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-01-M
