[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