[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Notices]
[Pages 2454-2455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-01176]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act and 
the Emergency Planning and Community Right-to-Know Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that on December 28, 2001, a proposed consent decree in 
United States v. Texaco Exploration and Production Inc. and Envirotech 
Inc., Case No. 2:01 CV-1050 ST, was lodged with the United States 
District Court for the District of Utah.
    This consent decree represents a settlement of claims brought 
against Texaco Exploration and Production Inc. (``Texaco'') and 
Envirotech Inc. under section 113(b) of the Clean Air Act (``the 
CAA''), 42 U.S.C. 7413(b), and section 325(b)(3) of the Emergency 
Planning and Community Right-to-know Act (``EPCRA''), 42 U.S.C. 
11045(b)(3), in a civil complaint filed concurrently with the lodging 
of the consent decree. The complaint alleges that Texaco violated the 
CAA and the New Source Performance Standards, 40 CFR part 60, subparts 
A and KKK, at its Aneth gas plant by filing to monitor its equipment 
for VOC leaks, maintain records, submit reports, test its flare, and 
use a thermocouple to monitor its flare's pilot flame. The complaint 
also alleges that Texaco and Envirotech violated the CAA and the 
National Emission Standards for Hazardous Air Pollutants for asbestos, 
40 CFR part 61, subpart M, during the removal and disposal of asbestos-
containing material at the Aneth gas plant. Finally, the complaint 
alleges that Texaco violated section 304 of EPCRA, 42 U.S.C. 11004, by 
twice failing to report the release of more than 500 pounds of sulfur 
dioxide from its oil and gas production field in Aneth, Utah.
    Under the proposed settlement, Texaco will submit a certification 
that its affected facility is not in compliance with the monitoring, 
recordkeeping, and reporting requirements of 40 CFR part 60, subpart 
KKK. In addition, Texaco will pay a civil penalty of $243,725 and 
provide up to $51,275 in emergency response equipment and hazardous 
materials training to a local fire department in Montezuma Creek, Utah, 
as a supplemental environmental project. Envirotech will pay a civil 
penalty of $10,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Texaco Exploration and Production Inc. and Envirotech 
Inc., DOJ Ref. 90-5-2-1-06466. A copy of all comments should also be 
sent to Robert D. Mullaney, U.S. Department of Justice, Environment and 
Natural Resources Division, Environmental Enforcement Section, 301 
Howard Street, Suite 1050, San Francisco, CA 94105.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 185 South State Street, Suite 400, Salt Lake City, 
Utah, and at U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, 
California. A copy of the

[[Page 2455]]

Consent Decree may also be obtained by mail from the Consent Decree 
Library, PO Box 7611, U.S. Department of Justice, Washington, DC 20044-
7611. In requesting a copy, please refer to United States v. Texaco 
Exploration and Production Inc. and Envirotech Inc., Case No. 2:01 CV-
1050 ST (D. Utah), DOJ Ref. 90-5-2-1-06466, and enclose a check in the 
amount of $6.75 (25 cents per page reproduction cost) payable to the 
Consent Decree Library.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-01176 Filed 1-16-02; 8:45 am]
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