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

DEPARTMENT OF JUSTICE

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

In accordance with Departmental policy, 28 CFR Sec. 50.7, and

Section 113(g) of the Clean Air Act, 42 U.S.C. Sec. 7413(g), notice is

hereby given that on August 9, 1995, a proposed Consent Decree in

United States v. Performance Abatement Services, Inc., et al., Civil

Action No. 95-73203-DT, was lodged with the United States District

Court for the Eastern District of Michigan. This consent decree

represents a settlement of claims against Performance Abatement

Services, Inc., Rudolph-Libbe, Inc. and Warner-Lambert, Co. for

violations of the Clear Air Act, 42 U.S.C. Sec. 7413(b), and the

National Emissions Standard for Hazardous Air Pollutants for asbestos,

40 CFR Subpart M. The claims arose during a March, 1993 asbestos

renovation operation by Performance Abatement Services, Inc. and

Rudolph-Libbe, Inc. of a building owned by Warner-Lambert Company's

Parke-Davis Pharmaceutical Research in Ann Arbor, Michigan.

Under this settlement, Performance Abatement Services, Inc.,

Rudolph-Libbe, Inc. and Warner-Lambert, Co. will pay the United States

a civil penalty of $25,000. In addition, the Consent Decree requires

the Settling Defendants to comply with the Clean Air Act and, in

particular, to comply with specific notice and training requirements

for one year. Stipulated penalties may be imposed in the event the

Settling Defendants do not comply with the requirements of the Consent

Decree.

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 of the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Performance Abatement Services, Inc., et al., D.J.

Ref. 90-5-2-1-1959.

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

United States Attorney, Eastern District of Michigan, 817 Federal

Building, 231 West LaFayette Detroit, Michigan; at the Region V Office

of the Environmental Protection Agency, 77 West Jackson Blvd. Chicago,

Illinois 60604-3590; 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 enclose a check in the amount of

$4.50 (25 cents per page reproduction cost) payable to the Consent

Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-20833 Filed 8-22-95; 8:45 am]

BILLING CODE 4410-01-M