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, notice is hereby given that

a proposed partial consent decree (``Decree'') with Chico Dairy Co.

(``Chico'') in United States of America v. Chico Dairy Co. and David

Marshall, C.A. No. 1:94CV28 (D.N.W.Va) was lodged on May 3, 1995 with

the United States District Court for the Northern District of West

Virginia. This proposed Decree will, if entered, settle claims filed

against Chico in the above proceeding by the United States, on behalf

of the Environmental Protection Agency (``EPA''), pursuant to Section

113 of the Clean Air Act (``CAA''), 42 U.S.C. Sec. 7401 et seq., for

violations of the National Emission Standard for Hazardous Air

Pollution (``NESHAP'') for asbestos. (The United States is not settling

its claims against David Marshall, which were brought in the same

proceeding for violations of the Asbestos NESHAP.)

The proposed Decree requires Chico to pay a civil penalty of

$130,000 and to comply hereafter with the Asbestos NESHAP. The Decree

binds Chico to detailed notification procedures, should Chico demolish

or renovate (or contract for the demolition or renovation of) any

building containing sufficient amounts of asbestos to cause the

Asbestos NESHAP to apply. Further, Chico must inspect any building it

seeks to demolish or renovate (or have demolished or renovated) to

determine the amounts of regulated asbestos material contained therein

and permit EPA entry to any such demolition or renovation site. In the

event the Asbestos NESHAP should apply to any such demolition or

renovation site, Chico is bound to appoint an onsite representative,

whose qualifications and duties are set forth in detail in the Decree.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed 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

of America v. Chico Dairy Co. and David Marshall, C.A. No. 1:94CV28

(D.N.W.Va), DOJ Ref. #90-5-2-1-1877. The proposed Decree may be

examined at the Office of the United States Attorney for the Northern

District of West Virginia, 1125-1141 Chapline Street, Wheeling, West

Virginia 26003; the Region III Office of the Environmental Protection

Agency, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; 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 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 $5.25

(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. 95-12077 Filed 5-16-95; 8:45 am]

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