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 in United States v. Point

Corp., et al., Civil Action No. 3:97-0294, was lodged on March 27, 1997

with the United States District Court for the Southern District of West

Virginia. The consent decree settles claims against Point Corp.

(`'Point'') and Marshall T. Reynolds (``Reynolds'') pursuant to the

Clean Air Act, 42 U.S.C. 7401, et seq., for violations of the asbestos

NESHAP, 40 CFR part 61, subpart M, with respect to the demolition of

two buildings owned by Point. The decree requires that Point and

Reynolds pay a civil penalty of $350,000. The buildings were demolished

several years ago, and the defendants do not engage in asbestos related

operations. Accordingly, the decree does not provide for any injunctive

relief. The decree does not resolve claims against Rayburn Darst, doing

business as Environmental Protection Abatement, the asbestos removal

contractor involved in the demolition.

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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, D.C. 20530, and should refer to

United States v. Point Corp., et al., DOJ Ref. #90-5-2-1-1991.

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

United States Attorney, Room 3201, Federal Building, 500 Quarrier

Street, Charleston, West Virginia 25301; the Region III Office of the

Environmental Protection Agency, 840 Chestnut Building, Philadelphia,

Pennsylvania 19107; and the Consent Decree Library, 1120 G Street,

N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the

proposed 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 refer to the referenced case and enclose a

check in the amount of $2.25 (25 cents per page production costs),

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, Department of Justice.

[FR Doc. 97-10018 Filed 4-17-97; 8:45 am]

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