[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Page 27786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12868]



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DEPARTMENT OF JUSTICE


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

    In accordance with Department policy, 28 C.F.R. 50.7, notice is 
hereby given that a proposed consent decree in United States v. 
Barsotti's Inc. Civil Action No. C-95-20310 RMW (PVG), was lodged on 
May 10, 1995 with the United States District Court for the Northern 
District of California. The compliant seeks civil penalties and 
injunctive relief for violations of the Clean Air Act and National 
Emission Standards for Hazardous Air Pollutants (``NESHAP'') for 
asbestos. 40 C.F.R. Part 61, Subpart M (1991). The compliant alleges 
that Barsotti violated the Asbestos NESHAP's Standard for Demolition 
and Renovation, 40 C.F.R. 61.145, during the renovation of Pacific Gas 
and Electric Co.'s Moss Landing Power Plant in Moss Landing, California 
in September 1992. Barsotti violated 40 C.F.R. 61.145(b) by: (1) 
Failing to adequately wet the regulated asbestos-containing material 
(``RACM'') during the stripping operation, (2) failing to keep the RACM 
wet prior to disposal and (3) failing to carefully lower the RACM to 
the ground to prevent releases of asbestos. The consent decree requires 
Barsotti to pay a penalty of $68,000, which will be shared equally with 
the Monterey Unified Air Pollution Control District, and requires 
Barsotti to implement an asbestos management program and an asbestos 
training program if it should engage in future asbestos abatement 
activities.
    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, D.C. 20530, and should refer to 
United States v. Barsotti's, Inc. DOJ Ref. #90-5-21-1905.
    The proposed consent decree may be examined at the Office if the 
United States Attorney Nothern District of California, 450 Golden Gate 
avenue, San Francisco, CA 94102; Office of the Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94102; 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, 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 $5.50 (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. 95-12868 Filed 5-24-95; 8:45 am]
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