Notice of Consent Judgment Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Consent Judgment Pursuant to the Clean Air Act

In accordance with Departmental Policy, 28 CFR Sec. 50.7, notice is

hereby given that a proposed consent decree in United States v. 179

South Street Venture, et al., (D. N.J.), Civil Action No. 90-4310

(JWB), was lodged with the United States District Court for the

District of New Jersey on May 25, 1994. The proposed consent decree

requires the Defendants to pay a civil penalty of $74,000 jointly for

violations of the Clean Air Act, 42 U.S.C. section 7401 et seq. (the

``Act'') (as amended 1977), and the National Emission Standards for

Hazardous Air Pollutants for Asbestos (``Asbestos NESHAP''), 40 CFR

part 61, subpart M during the removal of asbestos from pipes and a

boiler in an apartment complex in East Orange, N.J. The proposed

Consent Decree also provides for the following injunctive requirements:

Prior to any future demolition or renovation of facilities owned or

operated by Defendants, Defendants must (1) survey any facility to

determine the presence of regulated asbestos containing materials

(``RACM''); (2) notify EPA of any RACM; (3) establish an internal

program to assure compliance with asbestos NESHAP and designate an

asbestos control officer for the project; and (4) all contractors and

employees who participate in demolition or renovation involving RACM

must successfully complete an EPA approved course.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, written 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. 179 South Street Venture, et al., D.O.J. Ref. No.

90-5-2-1-1494.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, District of New Jersey, Federal Building, room

502, 970 Broad Street, Newark, New Jersey 07102 (c/o Susan Handler-

Menahem); at the Region II Office of the Environmental Protection

Agency, 26 Federal Plaza, room No. 437, New York, New York 10278; and

at the Consent Decree Library, 1120 G Street, NW., 4th floor,

Washington, DC 20005. A copy of the 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 enclose a

check in the amount of $4.50 (25 cents per page reproduction costs)

payable to Consent Decree Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-14660 Filed 6-15-94; 8:45 am]

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