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 50.7, notice is

hereby given that a proposed consent decree with Defendant Spitzer

Great Lakes, Ltd. (``Spitzer'') in United States v. Cleveland Asbestos

Abatement, et al., Case No. 1:93CV1317, was lodged on September 30,

1996 with the United States District Court for the Northern District of

Ohio. The proposed consent decree settles claims against Spitzer

pursuant to the Clean Air Act for violation of the asbestos NESHAP, 40

CFR Part 61, Subpart M, in the course of asbestos removal activities at

a building owned by Spitzer. The decree requires Spitzer to pay a civil

penalty of $5,000, to comply with the asbestos NESHAP in the future,

and to implement a compliance program including inspection and sampling

for asbestos containing materials, employee training, and detailed

recordkeeping requirements.

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. Cleveland Asbestos Abatement, Inc., et al., Case No.

1:93CV1317, and the Department of Justice Reference No. 90-5-2-1-1825.

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

United States Attorney, Northern District of Ohio, 1800 Bank One

Center, 600 Superior Ave., Cleveland, Ohio 44114; the Region 5 Office

of the Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604-3590; 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 $4.25 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Bruce M. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-27012 Filed 10-21-96; 8:45 am]

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