[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29591]
[[Page Unknown]]
[Federal Register: December 1, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to Clean Air Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that on November 14, 1994, a proposed consent decree in
United States v. Little Rock School District, Temporary Civil Action
No. LR-C-94-0, was lodged with the United States District Court for the
Eastern District of Arkansas. The proposed consent decree concerns a
complaint filed by the United States on November 14, 1994, which
alleged violations of the Clean Air Act, 42 U.S.C. 7401 et seq., the
National Emission Standards for Hazardous Air Pollutants for Asbestos
(the ``asbestos NESHAP''), codified at 40 CFR part 61, subpart M, and
Section 103 of CERCLA, 42 U.S.C. 9603, at the Panky Exceptional School
and Watson Elementary School which are located in Little Rock,
Arkansas.
The complaint alleged that during the period July 1990 to January
1991, Defendant conducted renovation/demolition operations at the Panky
and Watson school facilities. Both the Watson and Panky school
facilities contained friable asbestos materials. During the renovation/
demolition operations at the school facilities, Defendant failed to
remove and dispose of friable asbestos material from various structures
in and outside of the buildings in violation of the work practice
requirements of the asbestos NESHAP. In addition, Defendant failed to
report its intent to demolish the Watson School in violation of the
notice requirements of the asbestos NESHAP. Defendant also failed to
report the release from Panky School of asbestos in an amount greater
than the reportable quantity of one pound as required under Section 103
of CERCLA, 42 U.S.C. 9603. The complaint sought injunctive relief to
enjoin further violations of the Clean Air Act, the asbestos NESHAP
regulations and Section 103 of CERCLA, and sought the imposition of
civil penalties for Defendant's past violations of same.
The Consent Decree requires the LRSD to pay a civil penalty of
$45,680 in settlement of the United States' claims for civil penalties
against it.
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, D.C. 20530, and should refer
to United States v. Little Rock School District, Ref. No. 90-5-2-1-
1603.
The proposed consent decree may be examined at the following
locations: (a) Office of the United States Attorney for the Eastern
District of Arkansas, P.O. Box 1229, Little Rock, Arkansas 72203; (b)
the Region 6 Office of Regional Counsel, United States Environmental
Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202; and (c) the
Consent Decree Library, 1120 G Street NW., 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 NW., 4th Floor,
Washington, D.C. 20005. In requesting a copy of the decree, please
enclose a check for copying costs in the amount of $1.75 (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. 94-29591 Filed 11-30-94; 8:45 am]
BILLING CODE 4410-01-M