Notice of Lodging of Consent Decree Pursuant to the Clean Air Act and the National Emissions Standards for Hazardous Air Pollutants for Asbestos

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

and the National Emissions Standards for Hazardous Air Pollutants for

Asbestos

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States of America

v. City of Rolla, et al. Civil Action No. 2:98CV00061DJS, was lodged on

October 19, 1998 with the United States District Court for the Eastern

District of Missouri.

The Consent Decree settles civil penalty and injunctive claims

asserted against the City of Rolla, Missouri (``the City'') and Don

Maggi, Inc. (``Don Maggi'') under the Clean Air Act, 42 U.S.C. 7412 and

the National Emission Standards for Hazardous Air Pollutants for

asbestos, 40 CFR part 61, subpart M. The Complaint alleges that in the

course of the March of 1995 demolition of a City-owned building known

as the ``Old Police Station,'' the City and its demolition contractor,

Don Maggi, violated the notice and inspection requirements of the

asbestos NESHAP, 40 CFR 61.145(a) and (b).

The Consent Decree settles all the claims asserted in the

Complaint. It provides that the City and Don Maggi will pay civil

penalties of $24,700 and $22,000 respectively and also requires them to

undertake an asbestos training and monitoring program.

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 of the Environment and Natural Resources Division,

Department of Justice, PO Box 7611, Ben Franklin Station, Washington,

DC 20044. Comments should refer to United States of America v. City of

Rolla, et al., DOJ Ref. No. 90-5-21-2190.

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

United States Attorney, Eastern District of Missouri, 1114 Market

Street, St. Louis, MO 63101; the Region VII Office of the Environmental

Protection Agency, 726 Minnesota Avenue, Kansas City, KS 66101; and at

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

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.

In requesting a copy, please enclose a check in the amount of $8.50

(25 cents per page reproduction cost) payable to the ``Consent Decree

Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-31005 Filed 11-19-98; 8:45 am]

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