Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

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 v. All

American Pipeline Company, Civil Action No. 92-0444-RG (Tx) C.D.

Calif.), was lodged on July 25, 1994, with the United States District

Court for the Central District of California. This is a civil action

against All American Pipeline Company under Section 113(b) of the Clean

Air Act (``Act''), 42 U.S.C. 7413(b), for violation of provisions of

the Act for the prevention of significant deterioration of air quality

(``PSD''), including a preconstruction review program for new major

emitting facilities, 42 U.S.C. 7475 and 7479(1), and of the regulations

for New Source Performance Standards (``NSPS'') applicable to owners

and operators of stationary gas turbines, 40 C.F.R. Secs. 60.1-60.18

and 60.330-60.335.

The violation of the PSD requirement consisted of failure to obtain

a pre-construction installation permit for construction of the Cadiz

Pump Station. The violations of the NSPS regulations involved: failure

to provide written notice of the date of commencement of construction;

failure to provide written notice of the anticipated date of startup;

failure to provide written notice of the actual date of startup of the

station; and failure to conduct performance tests on the gas turbines

at the station. The Complaint sought civil penalties and injunctive

relief to ensure future compliance with the PSD and NSPS regulations.

Under the Consent Decree, All American Pipeline will pay a civil

penalty of $714,000. All American is required by the Consent Decree to

retrofit three natural gas turbines with a dry, lean-premixed

combustion system to reduce discharges of NOX (as NO2). In

addition, in lieu of paying additional penalties of $186,000, All

American Pipeline will undertake a Supplemental Environmental Project

that involves removing from operation three natural gas-fueled

internal-combustion injection-pump engines at the station and replacing

those with not more than two natural gas-fueled industrial engines that

burn more efficiently, at a cost of at least $1,000,000.

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, DC 20530, and should refer to United

States v. All American Pipeline Company, DOJ Ref. #90-5-2-1-1640.

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

United States Attorney, room 7516, Federal Building, 300 North Los

Angeles Street, Los Angeles, California 90012; 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., 4th Floor, Washington, DC, 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, NW., 4th Floor,

Washington, DC 20005. In requesting a copy please refer to the

referenced case and enclose a check in the amount of $5.75 (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. 94-18145 Filed 7-25-94; 8:45 am]

BILLING CODE 4410-01-M