Lodging of Consent Decree Pursuant to the Clean Air Act

Federal RegisterMay 5, 1994

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DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States v. Bank IV

Kansas, N.A. and Taylor Crane and Rigging, Inc., Civil Action No. 93-

2315JWL, was lodged on April 21, 1994, with the United States District

Court for the District of Kansas.

The United States brought a civil action against Bank IV, Kansas

N.A. (``Bank IV'') and Taylor Crane and Rigging, Inc. (``Taylor'')

under Section 113 of the Clean Air Act (``the Act''), 42 U.S.C. 7413,

and the National Emissions Standards for Hazardous Air Pollutants for

asbestos (the ``asbestos NESHAP''), 40 CFR part 61, subpart M. The

Complaint, filed of record July 22, 1993, alleges that Bank IV, and

Taylor committed violations of section 112 of the Act, 42 U.S.C. 7412,

and the NESHAP for asbestos, 40 CFR part 61, subpart M, Sec. 61.145, in

connection with the demolition of the ``Sunrise'' apartment building

formerly located at 101 North 10th Street, Independence, Kansas.

Further, the Complaint requests injunctive relief and a statutory civil

penalty of up to $25,000.00 per day of violation.

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, DC 20530, and should refer to United

States v. Bank IV Kansas, N.A. and Taylor Crane and Rigging, Inc., DOJ

Ref. #90-5-2-1-1841.

The proposed consent decree may be examined at the office of the

United States Attorney, 500 State Avenue, Suite 360, Kansas City,

Kansas 66101; the Region VII Office of the Environmental Protection

Agency, 726 Minnesota Avenue, Kansas City, Kansas 66101; and at the

Consent Decree Library, 1120 G Street, NW., 4th floor, Washington, DC

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, DC 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.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-10735 Filed 5-4-94; 8:45 am]

BILLING CODE 4410-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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