Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States versus

Fiji Sugar Corporation, Ltd., et al., Civil Action No. 94-00305-DAE,

was lodged on April 25, 1994, with the United States District Court for

the District of Hawaii. The settling defendants are Fiji Sugar

Corporation, Ltd., Industrial Iron Works Corporation, and Russell C.

McGarry, d.b.a. R & D Hawaii. The Complaint in this action, brought

under section 113(b) of the Clean Air Act, 42 U.S.C. 7413(b), alleged

that the defendants committed violations of the asbestos NESHAP

notification and work practice requirements of 40 CFR part 61, Subpart

M, during the removal of a boiler at Hamakua Sugar Company's Ookala

Sugar Mill in Ookala, Hawaii.

The proposed consent decree requires the settling defendants to pay

a civil penalty of $120,000; to inspect and sample facilities to

identify asbestos before commencing a renovation or demolition

operation; and, when hiring workers for asbestos-related projects, to

employ only persons who have successfully completed an EPA-approved

training course.

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,

Department of Justice, Washington, DC 20530, and should refer to United

States versus Fiji Sugar Corporation, Ltd., et al., DOJ Ref. #90-5-2-1-

1524.

The proposed consent decree may be examined at the Office of the

United States Attorney, District of Hawaii, room C-242, U.S.

Courthouse, 300 Ala Moana Blvd., Honolulu, Hawaii; the Region IX Office

of the Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, California 94105; and at the Consent Decree Library, 1120 G

Street, NW., Washington, DC 20005. A copy of the proposed consent

decree may be obtained in person or by mail from the Consent Decree

Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy, please refer to the referenced case and enclose a

check in the amount of $3.75 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-11809 Filed 5-13-94; 8:45 am]

BILLING CODE 4410-01-M