Notice of Lodging of Consent Decree Pursuant to Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Clean Air Act

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

hereby given that on November 14, 1994, a proposed consent decree in

United States v. Little Rock School District, Temporary Civil Action

No. LR-C-94-0, was lodged with the United States District Court for the

Eastern District of Arkansas. The proposed consent decree concerns a

complaint filed by the United States on November 14, 1994, which

alleged violations of the Clean Air Act, 42 U.S.C. 7401 et seq., the

National Emission Standards for Hazardous Air Pollutants for Asbestos

(the ``asbestos NESHAP''), codified at 40 CFR part 61, subpart M, and

Section 103 of CERCLA, 42 U.S.C. 9603, at the Panky Exceptional School

and Watson Elementary School which are located in Little Rock,

Arkansas.

The complaint alleged that during the period July 1990 to January

1991, Defendant conducted renovation/demolition operations at the Panky

and Watson school facilities. Both the Watson and Panky school

facilities contained friable asbestos materials. During the renovation/

demolition operations at the school facilities, Defendant failed to

remove and dispose of friable asbestos material from various structures

in and outside of the buildings in violation of the work practice

requirements of the asbestos NESHAP. In addition, Defendant failed to

report its intent to demolish the Watson School in violation of the

notice requirements of the asbestos NESHAP. Defendant also failed to

report the release from Panky School of asbestos in an amount greater

than the reportable quantity of one pound as required under Section 103

of CERCLA, 42 U.S.C. 9603. The complaint sought injunctive relief to

enjoin further violations of the Clean Air Act, the asbestos NESHAP

regulations and Section 103 of CERCLA, and sought the imposition of

civil penalties for Defendant's past violations of same.

The Consent Decree requires the LRSD to pay a civil penalty of

$45,680 in settlement of the United States' claims for civil penalties

against it.

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, D.C. 20530, and should refer

to United States v. Little Rock School District, Ref. No. 90-5-2-1-

1603.

The proposed consent decree may be examined at the following

locations: (a) Office of the United States Attorney for the Eastern

District of Arkansas, P.O. Box 1229, Little Rock, Arkansas 72203; (b)

the Region 6 Office of Regional Counsel, United States Environmental

Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202; and (c) the

Consent Decree Library, 1120 G Street NW., 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 NW., 4th Floor,

Washington, D.C. 20005. In requesting a copy of the decree, please

enclose a check for copying costs in the amount of $1.75 (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. 94-29591 Filed 11-30-94; 8:45 am]

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