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 and 28 CFR 50.7, notice is

hereby given that on October 12, 1995, a partial consent decree in

United States v. Hercules Incorporated et al., Civil Action 95-1094-R,

was lodged with the United States District Court for the Western

District of Virginia.

This partial consent decree settles claims brought against Hercules

Incorporated (``Hercules'') pursuant to the Clean Air Act (the

``Act''), 42 U.S.C. 7401 et seq., and the National Emission Standard

for Hazardous Air Pollutants for asbestos (``asbestos NESHAP''), in

connection with allegations that asbestos was improperly handled during

the demolition of a building owned by Hercules in Covington, Virginia.

Under the terms of the consent decree, Hercules has agreed to pay a

civil penalty of $1.2 million and to take certain enumerated actions to

facilitate compliance with the asbestos NESHAP at all of its facilities

throughout the United States. The partial consent decree does not

settle the United States' claims against Carver Massie Carver, Inc.,

the contractor named as a co-defendant in this action.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General, Environment and Natural Resources Division,

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

United States v. Hercules Incorporated et. al., Civil Action No. 95-

1094-R Ref. No. 90-5-2-1-1897. The proposed consent decree may be

examined at the office of the United States Attorney, Western District

of Virginia, Thomas B. Mason Building, 105 Franklin Road, S.W.,

Roanoke, Virginia 24011. Copies of the consent decree may also be

examined and obtained by mail at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, D.C. 20005 (202-624-0892) and the

offices of the Environmental Protection Agency, Region III, 841

Chestnut Building, Philadelphia, Pennsylvania 19107. When requesting a

copy by mail, please enclose a check in the amount of $6.50 (twenty-

five 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. 95-26254 Filed 10-23-95; 8:45 am]

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