[Federal Register: August 4, 1998 (Volume 63, Number 149)]
[Notices]               
[Page 41592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au98-99]

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on July 23, 1998, a 
proposed Consent Decree in United States v. Day & Zimmermann Hawthorne 
Corporation and Wesley Corporation, Civil Action No. 98419 DWH RAM, was 
lodged with the United States District Court for the District of 
Nevada.
    In this action, the United States sought recovery of civil 
penalties and injunctive relief in connection with alleged violations 
of the National Emissions Standards for Hazardous Air Pollutants for 
asbestos (``asbestos NESHAP'') during the demolition of houses in the 
Babbitt Housing Area at Hawthorne Army Ammunition Plant in Hawthorne, 
Nevada, during May and June, 1993. The Consent Decree recovers a civil 
penalty of $120,000 for violations resulting from failure by defendants 
to give required notice of the demolition to EPA, failure to remove 
category II regulated asbestos containing material (``RACM'') prior to 
beginning the demolition, failure to keep such material wet until 
removed from the demolition site and failure to dispose of the RACM at 
a proper disposal site on a total of 26 days. The Consent Decree 
includes injunctive relief requirements to prevent future violations of 
the 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 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. Day 
& Zimmermann Hawthorne Corporation and Wesley Corporation, D.J. Ref. 
90-5-2-1-2013.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 100 West Liberty Street, Suite 600, Reno, Nevada, and 
at the Consent Decree Library, 1120 G Street, NW., 4th Floor, 
Washington, DC 20005, (202) 624-0892. 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 enclose a check in the amount of $4.75 (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. 98-20682 Filed 8-3-98; 8:45 am]
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