[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Page 27786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12868]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
In accordance with Department policy, 28 C.F.R. 50.7, notice is
hereby given that a proposed consent decree in United States v.
Barsotti's Inc. Civil Action No. C-95-20310 RMW (PVG), was lodged on
May 10, 1995 with the United States District Court for the Northern
District of California. The compliant seeks civil penalties and
injunctive relief for violations of the Clean Air Act and National
Emission Standards for Hazardous Air Pollutants (``NESHAP'') for
asbestos. 40 C.F.R. Part 61, Subpart M (1991). The compliant alleges
that Barsotti violated the Asbestos NESHAP's Standard for Demolition
and Renovation, 40 C.F.R. 61.145, during the renovation of Pacific Gas
and Electric Co.'s Moss Landing Power Plant in Moss Landing, California
in September 1992. Barsotti violated 40 C.F.R. 61.145(b) by: (1)
Failing to adequately wet the regulated asbestos-containing material
(``RACM'') during the stripping operation, (2) failing to keep the RACM
wet prior to disposal and (3) failing to carefully lower the RACM to
the ground to prevent releases of asbestos. The consent decree requires
Barsotti to pay a penalty of $68,000, which will be shared equally with
the Monterey Unified Air Pollution Control District, and requires
Barsotti to implement an asbestos management program and an asbestos
training program if it should engage in future asbestos abatement
activities.
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 for the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to
United States v. Barsotti's, Inc. DOJ Ref. #90-5-21-1905.
The proposed consent decree may be examined at the Office if the
United States Attorney Nothern District of California, 450 Golden Gate
avenue, San Francisco, CA 94102; Office of the Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94102; and at
the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,
D.C. 20005, (202) 624-0892. A Copy of the proposed consent decree may
be obtained in person or by mail from the Consent Decree Library, 1120
G Street, N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy
please refer to the referenced case and enclose a check in the amount
of $5.50 (25 cents per page reproduction costs), payable to the Consent
Decree Library.
Joel M. Gross,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-12868 Filed 5-24-95; 8:45 am]
BILLING CODE 4410-10-M
