Notice of Consent Decree in Action Brought Under the Clean Air Act

Federal RegisterMar 21, 1995

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DEPARTMENT OF JUSTICE

Notice of Consent Decree in Action Brought Under the Clean Air

Act

Notice is hereby given that a proposed Consent Decree in United

States v. Lafarge, et al., Civil Action No. 4-94CV-356Y, was lodged

with the United States District Court for the Northern District of

Texas on February 15, 1995. This Consent Decree resolves a Complaint

filed by the United States against Art O'Shea pursuant to Section 112

of the Clean Air Act, 42 U.S.C. 7412.

The United States Department of Justice brought this action on

behalf of the U.S. Environmental Protection Agency, seeking to impose

civil penalties and injunctive relief on Lafarge, Inc., Victor Yorstoun

and Art O'Shea for their alleged violations of the National Emission

Standards for Hazardous Air Pollutants (``the NESHAP'') for asbestos

during demolition activities at a mill building at the Lafarge cement

manufacturing and distribution facility in Fort Worth, Texas. The

NESHAP for asbestos consists of regulations promulgated by EPA pursuant

to the Clean Air Act.

The settlement in this case requires defendant O'Shea to pay a

civil penalty of $500 and comply with the asbestos NESHAP in all future

demolition and activities which he owns or operates.

The Department of Justice will accept written comments relating to

this proposed Consent Decree for thirty (30) days from the date of

publication of this notice. Please address comments to the Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

DC 20044 and refer to United States v. Lafarge, DOJ number 90-5-2-1-

1865.

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

of the United States Attorney, Northern District of Texas, 801 Cherry

Street, Suite 1700, Forth Worth, Texas 76102, and at the U.S.

Environmental Protection Agency, Office of the Regional Counsel, Region

VI, 1445 Ross Avenue, Dallas, Texas 75202. Copies of the proposed

Consent Decree may also be obtained from the Consent Decree Library,

1120 G Street, NW., 4th Floor, Washington, DC 20005. A copy of the

proposed Consent Decree may be obtained by mail or in person from the

Consent Decree Library. When requesting a copy of the Consent Decree,

please enclose a check in the amount of $3.00 (25 cents per page

reproduction costs) payable to the Consent Decree Library.

Joel Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-6893 Filed 3-20-95; 8:45 am]

BILLING CODE 4410-01-M

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