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 Department policy, 28 C.F.R. 50.7, notice is

hereby given that a proposed consent decree in United States v.

Barsotti's Inc. Civil Action No. C-95-20310 RMW (PVG), was lodged on

May 10, 1995 with the United States District Court for the Northern

District of California. The compliant seeks civil penalties and

injunctive relief for violations of the Clean Air Act and National

Emission Standards for Hazardous Air Pollutants (``NESHAP'') for

asbestos. 40 C.F.R. Part 61, Subpart M (1991). The compliant alleges

that Barsotti violated the Asbestos NESHAP's Standard for Demolition

and Renovation, 40 C.F.R. 61.145, during the renovation of Pacific Gas

and Electric Co.'s Moss Landing Power Plant in Moss Landing, California

in September 1992. Barsotti violated 40 C.F.R. 61.145(b) by: (1)

Failing to adequately wet the regulated asbestos-containing material

(``RACM'') during the stripping operation, (2) failing to keep the RACM

wet prior to disposal and (3) failing to carefully lower the RACM to

the ground to prevent releases of asbestos. The consent decree requires

Barsotti to pay a penalty of $68,000, which will be shared equally with

the Monterey Unified Air Pollution Control District, and requires

Barsotti to implement an asbestos management program and an asbestos

training program if it should engage in future asbestos abatement

activities.

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, D.C. 20530, and should refer to

United States v. Barsotti's, Inc. DOJ Ref. #90-5-21-1905.

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

United States Attorney Nothern District of California, 450 Golden Gate

avenue, San Francisco, CA 94102; Office of the Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94102; 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 consent 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 $5.50 (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. 95-12868 Filed 5-24-95; 8:45 am]

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