Notice of Consent Judgment Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Consent Judgment Pursuant to the Clean Air Act

In accordance with Departmental Policy, 28 C.F.R. Sec. 50.7, 38 FR

19029, notice is hereby given that a proposed Consent Decree in United

States v. Big Apple Wrecking Corp., et al., 88 Civ. No. 9190 (DNE), was

lodged in the United States District Court for the Southern District of

New York, on March 3, 1997. The proposed Consent Decree resolves the

United States' claims against Leon D. DeMatteis Construction Corp.

(``DeMatteis'') and Crescent-Duane Company (``Crescent-Duane'') under

section 112 of the Clean Air Act (``the Act''), 42 U.S.C. Sec. 7412,

and the National Emission Standards for Hazardous Air Pollutants for

asbestos (``the asbestos NESHAP''), 40 C.F.R. Part 61, Subpart M, for

their failures to comply with work practice standards contained in the

asbestos NESHAP during the removal, handling and disposal of asbestos

from a building being demolished at 105-107 Duane Street in New York

City (the ``Duane Street site'').

Under the terms of the Consent Decree, the Settling Defendants will

jointly pay to the United States a civil penalty of $25,000 and will

comply with injunction requirements that, inter alia, (a) Prohibit

future violations of the Act and the asbestos NESHAP, (b) require the

Settling Defendants to provide notice to EPA of future demolition or

renovation operations, and (c) require the Settling Defendants to

cooperate with the United States in its prosecution of this case

against Big Apple Wrecking. The Decree resolves only those civil claims

alleged in the complaint against settling defendants.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, written 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. Big Apple Wrecking Corp., et al., DOJ # 90-5-

2-1-1281, 88 Civ. No. 9190 (DNE).

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

Untied States Attorney, Southern District of New York, 100 Church

Street, 19th Floor, New York, New York 10007; at the Region II Office

of the U.S. Environmental Protection Agency, 290 Broadway, New York,

New York 10278; and at the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies of the

Consent 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 enclose a check in the amount of $3.50 (25

cents per page reproduction costs) payable to the Consent Decree

Library.

Joel M. Gross,

Environmental Enforcement Section, Environment and Natural Resources

Division.

[FR Doc. 97-10450 Filed 4-22-97; 8:45 am]

BILLING CODE 4410-15-M