Notice of Lodging of Consent Decree Under the Clean Air Act Pursuant to 28 CFR 50.7

Federal RegisterNov 2, 1998

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Clean Air Act

Pursuant to 28 CFR 50.7

Notice is hereby given that a proposed consent decree in the case

of United States v. Cytec Industries, Inc., et al., Civil Action No. C-

2-98-1020, was lodged on October 5, 1998 with the United States

District Court for the Southern District of Ohio. The proposed consent

decree resolves the United States' claims against Cytec Industries,

Inc. (``Cytec'') and R. Baker and Sons All Industrial Services, Inc.

(``Baker'') under Section 113(b) of the Clean Air Act, 42 U.S.C.

7413(b), for violations of Section 112(c) of the Act, 42 U.S.C.

7412(c), and the National Emission Standard for Hazardous Air

Pollutants (NESHAP) for asbestos, 40 CFR Part 61, Subpart M, as

[[Page 58770]]

a result of an asbestos removal project at a Cytec facility located in

Marietta, Ohio.

In the proposed settlement, Cytec and Baker agree to: achieve full

compliance with the National Emission Standards for Hazardous Air

Pollutants for asbestos (the ``asbestos__NESHAP''); implement an

Asbestos Control Program as provided in the consent decree; and pay

civil penalties of $176,135 and $49,518, for Cytec and Baker

respectively.

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 Section

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, Department of Justice, Washington, DC 20530, and

should refer to United States v. Cytec Industries, Inc., et al., No. C-

2-98-1020, DOJ Ref. #90-5-2-1-2223.

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

United States Attorney, 2 Nationwide Plaza, 280 N. High St., Fourth

Floor, Columbus, Ohio 43215; the Region 5 Office of the Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604;

and at the Consent Decree Library, 1120 G Street, NW., 3rd Floor,

Wahsington, 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., 3rd Floor, Washington, DC 20005. In

requesting a copy please refer to the referenced case and decree and

enclose a check in the amount of $6.25 (25 cents per page reproduction

costs) for the consent decree.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-29203 Filed 10-30-98; 8:45 am]

BILLING CODE 4410-15-M

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