[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3155]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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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