[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Page 5248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2662]


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DEPARTMENT OF JUSTICE

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

    In accordance with the Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States v. 
Atlantic Richfield Company and Vastar Resources, Inc., Civil Action No. 
97-B-35, was lodged on January 9, 1997, with the United States District 
Court for the District of Colorado.\1\ The proposed Consent Decree 
addresses the Clean Air Act violations of Vastar Resources, Inc. at 
Vastar's coalbed degasification operations in the Ignacio Blanco 
Fruitland field, which is part of the South Ute Indian Reservation in 
LaPlata County, Colorado. Specifically, the complaint filed with the 
settlements alleges that Vastar violated the Prevention of Significant 
Deterioration (``PSD'') regulations, 40 CFR 52.21 (b)-(w), of the Clean 
Air Act, 42 U.S.C. 7413 et seq. by failing to install proper pollution 
control equipment to limit emissions of carbon monoxide from engines 
used in the natural gas production operations it took over the 
operations from the Atlantic Richfield Company (``ARCO'') in 1993. 
These violations of the Clean Air Act were discovered by the company 
during a routine environmental audit and were disclosed to the 
government in October 1995 pursuant to EPA's interim ``Incentives for 
Self-Policing'' policy.
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    \1\ The United States' claims against the Atlantic Richfield 
Company in this case were resolved by Stipulation which is not 
subject to public comment pursuant to 28 CFR 50.7.
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    The proposed Consent Decree requires Vastar Resources, Inc. to pay 
a penalty of $137,949.00 pursuant to EPA's Incentives for Self-Policing 
Policy. Under the Consent Decree, until EPA issues final PSD permits to 
Vastar, Vastar is required to maintain and operate the control 
equipment already in place at the facilities in a manner consistent 
with that set forth in its pending permit applications and undertake 
any additional injunctive relief ordered by EPA to meet the PSD 
requirements. Once PSD permits are issued to Vastar, Vastar must 
maintain and operate the facilities in a manner consistent with the 
terms of the permits.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed settlement. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044, and should refer to United States v. Atlantic Richfield 
Company and Vastar Resources, Inc., DOJ Ref. #90-5-2-1-2073.
    The proposed settlement document may be examined at the Office of 
the United States Attorney, District of Colorado, 1961 Stout Street, 
Suite 1200, Denver, Colorado; Region VIII Office of the Environmental 
Protection Agency, 999 18th Street, Denver, Colorado; 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 at the 
address listed above. In requesting a copy, please refer to the 
referenced case and number, the document requested (Consent Decree) and 
enclose a check in the amount of $3.00 for the Consent Decree (25 cents 
per page reproduction costs), payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 97-2662 Filed 2-3-97; 8:45 am]
BILLING CODE 4410-15-M