Notice of Lodging of Consent Decree Under the Asbestos NESHAP

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Asbestos NESHAP

Under 28 CFR 50.7, notice is hereby given that on August 7, 1998, a

proposed Consent Decree in United States v. M.K. Moore and Sons, Inc.,

Civil Action No. c 3-96-319, was lodged with the United States District

Court for the Southern District of Ohio.

In this action, the United States sought penalties and injunctive

relief for claims under the Asbestos National Emissions Standard for

Hazardous Air Pollutants (``NESHAP''), 40 CFR part 61, Subpart M,

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

7412, for inspection, notice, work practice and waste disposal

violations. The claims arose in connection with M.K. Moore and Son's

asbestos renovation or pre-demolition projects at eight facilities in

and around the Dayton, Ohio area. Under the Consent Decree, M.K. Moore

and Sons will pay a civil penalty of $70,000 in four equal

installments, will comply with the Asbestos NESHAP, and will undertake

other injunctive actions, including designating an Asbestos Program

Manager, training all supervisors, inspectors, and workers, providing

monthly reports of its activities to U.S. EPA and the local air

pollution control authority, and undertaking work practices to assure

ease of monitoring of activities.

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

days from the date of this publication comments relating to the Consent

Decree. comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, DC 20530, and should refer to United States v.

M.K. Moore and Sons, Inc., D.J. Ref. No. 90-5-2-1-2072.

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

States Attorney, 602 Federal Building, 200 W. Second St., Dayton, OH

45402, at the Region 5 Office of the United States Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, IL 60604-3590,

and at the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005. A copy of the 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 above-referenced case and enclose a check in the amount of $10.25

($.25 per page reproduction costs) payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-21915 Filed 8-13-98; 8:45 am]

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