[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Page 26458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12077]



-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with Departmental policy, notice is hereby given that 
a proposed partial consent decree (``Decree'') with Chico Dairy Co. 
(``Chico'') in United States of America v. Chico Dairy Co. and David 
Marshall, C.A. No. 1:94CV28 (D.N.W.Va) was lodged on May 3, 1995 with 
the United States District Court for the Northern District of West 
Virginia. This proposed Decree will, if entered, settle claims filed 
against Chico in the above proceeding by the United States, on behalf 
of the Environmental Protection Agency (``EPA''), pursuant to Section 
113 of the Clean Air Act (``CAA''), 42 U.S.C. Sec. 7401 et seq., for 
violations of the National Emission Standard for Hazardous Air 
Pollution (``NESHAP'') for asbestos. (The United States is not settling 
its claims against David Marshall, which were brought in the same 
proceeding for violations of the Asbestos NESHAP.)
    The proposed Decree requires Chico to pay a civil penalty of 
$130,000 and to comply hereafter with the Asbestos NESHAP. The Decree 
binds Chico to detailed notification procedures, should Chico demolish 
or renovate (or contract for the demolition or renovation of) any 
building containing sufficient amounts of asbestos to cause the 
Asbestos NESHAP to apply. Further, Chico must inspect any building it 
seeks to demolish or renovate (or have demolished or renovated) to 
determine the amounts of regulated asbestos material contained therein 
and permit EPA entry to any such demolition or renovation site. In the 
event the Asbestos NESHAP should apply to any such demolition or 
renovation site, Chico is bound to appoint an onsite representative, 
whose qualifications and duties are set forth in detail in the Decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed 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 
of America v. Chico Dairy Co. and David Marshall, C.A. No. 1:94CV28 
(D.N.W.Va), DOJ Ref. #90-5-2-1-1877. The proposed Decree may be 
examined at the Office of the United States Attorney for the Northern 
District of West Virginia, 1125-1141 Chapline Street, Wheeling, West 
Virginia 26003; the Region III Office of the Environmental Protection 
Agency, 841 Chestnut Building, Philadelphia, Pennsylvania 19107; 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 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 $5.25 
(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. 95-12077 Filed 5-16-95; 8:45 am]
BILLING CODE 4410-01-M