Lodging of Consent Decree Pursuant to Clean Air Act

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