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

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[Federal Register: January 17, 2002 (Volume 67, Number 12)]
[Notices]
[Page 2455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja02-86]

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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 failing 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 Envirotect 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 now 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 comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. As a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments that are addressed to the Department of Justice in 
Washington, DC and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in a timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, U.S. Department of 
Justice, and sent: (1) C/o Robert D. Mullaney, U.S. Department of 
Justice, 301 Howard St., Suite 1050, San Francisco, CA 94105; and/or 
(2) by facsimile to (202) 353-0296; and/or (3) by overnight delivery, 
other than through the U.S. Postal Service, to Chief, Environmental 
Enforcement Section, 1425 New York Avenue, NW., 13th Floor, Washington, 
DC 20005. Each communication should refer on its face to United States 
v. Texaco Exploration and Production Inc. and Envirotech Inc., DOJ Ref. 
90-5-2-1-06466.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 185 South State Street, Suite 400, Salt Lake 
City, Utah 84111, and at the Region IX Office of the Environmental 
Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105. A copy 
of the proposed Consent Decree may also be obtained by faxing a request 
to Tonia Fleetwood, Department of Justice Consent Decree Library, fax 
no. (202) 616-6584; phone confirmation no. (202) 514-1547. There is a 
charge for the copy (25 cent per page reproduction cost). Upon 
requesting a copy, please mail a check payable to the ``U.S. 
Treasury,'' in the amount of $6.75 to: Consent Decree Library, U.S. 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611. The 
check should refer to United States v. Texaco Exploration and 
Production Inc. and Envirotech Inc., DOJ Ref. 90-5-2-1-06466.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-1177 Filed 1-16-02; 8:45 am]
BILLING CODE 4410-15-M

 
 

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