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 C.F.R. Sec. 50.7,

notice is hereby given that on November 29, 1996, a partial consent

decree in United States v. Hercules Incorporated et al., Civil Action

No. 95-1044-R was lodged with the United States District Court for the

Western District of Virginia.

This partial consent decree settles claims brought against Carver

Massie Carver, Inc (``CMC'') and Hansford R. Massie III (jointly, the

``CMC defendants'') pursuant to the Clean Air Act (the ``Act''), 42

U.S.C. Sec. Sec. 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

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the demolition of a building owned by Hercules Incorporated in

Covington, Virginia. Under the terms of the consent decree, the CMC

defendants agree not to participate in any construction, repair,

demolition, or renovation activities involving structures containing

asbestos. A previous consent decree, entered by the Court on January

19, 1996, settled the United States' claims against defendant Hercules

Incorporated.

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-

1044-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 $4.00 (twenty-

five cents per page reproduction costs) payable to the ``Consent Decree

Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-32162 Filed 12-18-96; 8:45 am]

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