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 the Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v.

Atlantic Richfield Company and Vastar Resources, Inc., Civil Action No.

97-B-35, was lodged on January 9, 1997, with the United States District

Court for the District of Colorado.\1\ The proposed Consent Decree

addresses the Clean Air Act violations of Vastar Resources, Inc. at

Vastar's coalbed degasification operations in the Ignacio Blanco

Fruitland field, which is part of the South Ute Indian Reservation in

LaPlata County, Colorado. Specifically, the complaint filed with the

settlements alleges that Vastar violated the Prevention of Significant

Deterioration (``PSD'') regulations, 40 CFR 52.21 (b)-(w), of the Clean

Air Act, 42 U.S.C. 7413 et seq. by failing to install proper pollution

control equipment to limit emissions of carbon monoxide from engines

used in the natural gas production operations it took over the

operations from the Atlantic Richfield Company (``ARCO'') in 1993.

These violations of the Clean Air Act were discovered by the company

during a routine environmental audit and were disclosed to the

government in October 1995 pursuant to EPA's interim ``Incentives for

Self-Policing'' policy.

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\1\ The United States' claims against the Atlantic Richfield

Company in this case were resolved by Stipulation which is not

subject to public comment pursuant to 28 CFR 50.7.

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The proposed Consent Decree requires Vastar Resources, Inc. to pay

a penalty of $137,949.00 pursuant to EPA's Incentives for Self-Policing

Policy. Under the Consent Decree, until EPA issues final PSD permits to

Vastar, Vastar is required to maintain and operate the control

equipment already in place at the facilities in a manner consistent

with that set forth in its pending permit applications and undertake

any additional injunctive relief ordered by EPA to meet the PSD

requirements. Once PSD permits are issued to Vastar, Vastar must

maintain and operate the facilities in a manner consistent with the

terms of the permits.

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

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

proposed settlement. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044, and should refer to United States v. Atlantic Richfield

Company and Vastar Resources, Inc., DOJ Ref. #90-5-2-1-2073.

The proposed settlement document may be examined at the Office of

the United States Attorney, District of Colorado, 1961 Stout Street,

Suite 1200, Denver, Colorado; Region VIII Office of the Environmental

Protection Agency, 999 18th Street, Denver, Colorado; 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 at the

address listed above. In requesting a copy, please refer to the

referenced case and number, the document requested (Consent Decree) and

enclose a check in the amount of $3.00 for the Consent Decree (25 cents

per page reproduction costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-2662 Filed 2-3-97; 8:45 am]

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