Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Clean Air Act

In accordance with Departmental policy, 28 C.F.R. 50.7, and section

113(g) of the Clean Air Act, 42 U.S.C. 7413(g), notice is hereby given

that a proposed consent decree in United States v. Department of

Housing Preservation and Development of the City of New York, Civil

Action No. CV-99-3781, was lodged on July 6, 1999, with the United

States District Court for the Eastern District of New York. The

proposed consent decree would settle a civil action that the United

States brought on behalf of the United States Environmental Protection

Agency under Section 113 of the Clean Air Act, 42 U.S.C. 7413, against

the Department of Housing Preservation and Development of the City of

New York (``the defendant'') seeking civil penalties and injunctive

relief to redress the defendant's alleged violations of Sections 112

and 114 of the Clean Air Act, 42 U.S.C. 7412, 7414, and the National

Emission Standard for Hazardous Air Pollutants for asbestos, 40 C.F.R.

part 61, subpart M (``the asbestos NESHAP''). Specifically, the United

States' complaint alleged that the defendant violated these provisions

by failing to notify EPA of the removal of asbestos during demolition

operations the defendant contracted to have performed at 272 sites

throughout New York City in or about 1993-95.

Under the terms of the proposed consent decree, the defendant (1)

Must pay a civil penalty of $110,000, and (2) will be enjoined to

comply with the Clean Air Act and the asbestos NESHAP.

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, Washington, D.C. 20530, and should refer to

United States v. Department of Housing Preservation and Development of

the City of New York, DOJ Ref, No. 90-5-2-1-2085.

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

United States Attorney for the Eastern District of New York, One

Pierrepont Plaza, 14th Floor, Brooklyn, New York 11201; the Region II

Office of the Environmental Protection Agency, 290 Broadway, New York,

New York 10007-1866; and at the Consent Decree Library, 1120 G Street,

NW, 3rd Floor, Washington, D.C. (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, D.C. 20005.

In requesting a copy, please refer to the referenced case and enclose a

check in the amount of $3.50 (25 cents

[[Page 40045]]

per page reproduction costs) payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-18813 Filed 7-22-99; 8:45 am]

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