27786 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Notices

designation and should be filed with the

Commission by June 9, 1995. Comments

shall include the following: The

commenter’s position in support of or in

opposition to the proposed transaction;

any and all evidence, including verified

statements, in support of or in

opposition to the proposed transaction;

and specific reasons why approval

would or would not be in the public

interest. Interested persons who do not

intend to participate formally in the

proceeding but who desire to comment

may also file statements, also subject to

the filing and service requirements

specified above. Persons must state

specifically whether they intend to

participate actively in the proceeding or

whether they wish only to be advised of

all decisions issued by the Commission.

Failure to state an intention to

participate as an active party will result

in the person being placed in the latter

category.

Because WFSC’s responsive

application contains proposed

conditions to approval of the primary

application in Finance Docket No.

32549, the Commission will entertain

no requests for affirmative relief to this

proposal. Parties may only participate in

direct support of or direct opposition to

WFSC’s responsive application as filed.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: May 17, 1995.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioners

Simmons and McDonald.

Vernon A. Williams,

Secretary.

[FR Doc. 95–12889 Filed 5–24–95; 8:45 am]

BILLING CODE 7035–01–P

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 asbestoscontaining 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]

BILLING CODE 4410–10–M

Notice of Lodging of Consent Decree

Pursuant to the Clean Water Act

In accordance with Departmental

policy, 28 CFR 50.7, 38 Fed. Reg. 19029,

notice is hereby given that on May 16,

1995, a proposed Consent Decree in

United States v. James River Paper

Company, Civil Action No. 95–258–JD

was lodged with the United States

District Court for the District of New

Hampshire resolving the matters alleged

in a complaint filed simultaneously

with the Consent Decree. The proposed

Consent Decree concerns alleged

violations by James River of Sections

309(b) and (d) of the Clean Water Act

(‘‘CWA’’), 33 U.S.C. 1319(b) and (d),

Sections 3008(a) and (g) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’), 42 U.S.C. 6928(a) and (g),

Section 109(c) of the Comprehensive

Environmental Response,

Compensation, and Liability Act

(‘‘CERCLA’’), 42 U.S.C. 9609(c), and

Section 325(b)(3) of the Emergency

Planning and Community Right-toKnow Act (‘‘EPCRA’’), 42 U.S.C.

11045(b)(3), at pulp and paper mills

operated by James River in Gorham and

Berlin, New Hampshire.

The CWA violations alleged in the

complaint include: violations of the

federal pretreatment standards and

National Prohibited Discharge Standard;

the unauthorized discharge of pollutants

without a permit; and the discharge of

pollutants in excess of levels allowed

under a permit. The RCRA violation

alleged in the complaint includes the

disposal of hazardous waste without a

permit. Finally, the CERCLA and

EPCRA violations alleged in the

complaint include the failure to timely

report the spill of sulfuric acid at the

pulp mill.

Under the terms of the Consent

Decree, the defendant will pay a civil

penalty of $200,000 to the United States

and will be required to comply with the

Clean Water Act. In addition, the

defendant will be required to install

equipment at the pulp mill necessary to

reduce certain sulfur emissions from

wastewater effluent.

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, Environment and Natural

Resources Division, U.S. Department of

Justice, Washington, D.C. 20530, and

should refer to United States v. James

River Paper Company, D.J. Ref. 90–5–1–

1–4123.

The proposed Consent Decree may be

examined at the Region I Office of the

Environmental Protection Agency, One

Congress Street, Boston, Massachusetts,

and at the office of the United States

Attorney, District of New Hampshire, 55

Pleasant Street, Concord, New

Hampshire, c/o Gretchen L. Witt,

Assistant U.S. Attorney. Copies of the

Consent Decree may also be examined at

the Consent Decree Library, 1120 G.