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

Notice is hereby given that a proposed consent decree in United

States v. Virgin Islands Water and Power Authority and Pressure Vessel

Services, Inc., Civil Action No. 1989-337, was lodged on October 17,

1995 with the United States District Court for the District of the

Virgin Islands.

The complaint in this action was filed on December 8, 1989 against

the Virgin Islands Water and Power Authority (``VIWAPA'') and Pressure

Vessel Services, Inc. (``PV''), pursuant to Section 113(b) of the Clean

Air Act (``Act''), 42 U.S.C. 7413(b). The complaint sought penalties

and injunctive relief for violations of Section 112(c) of the Act, 42

U.S.C. 7412(c), and of the National Emission Standard for Hazardous Air

Pollutants for asbestos, 40 CFR part 61, subpart M (``Asbestos

NESHAP''). The complaint alleged that violations of the Asbestos NESHAP

occurred in connection with a demolition project at VIWAPA's

desalinization plant (``D-plant'') on the Island of St. Thomas, within

the District of the Virgin Islands, that took place in August, 1988. PV

performed this demolition work for VIWAPA.

The proposed consent decree embodies an agreement by VIWAPA to pay

a civil penalty in the amount of $35,000. In addition, VIWAPA has

agreed to implement certain measures to reduce the likelihood of future

violations of the Asbestos NESHAP.

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. Virgin Islands Water and Power Authority, DOJ Ref. #90-5-2-1-

1341.

The proposed Consent Decree may be examined at the Region II Office

of the Environmental Protection Agency, 290 Broadway, New York, New

York, at the United States Attorney's Office located at the Federal

Building and U.S. Courthouse, Charlotte Amalie, St. Thomas, Virgin

Islands, 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 $3.50 payable to the Consent Decree Library.

Joel M. Gross,

Acting Section Chief, Environmental Enforcement Section.

[FR Doc. 95-26249 Filed 10-23-95; 8:45 am]

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