[Federal Register: July 23, 1999 (Volume 64, Number 141)]
[Notices]               
[Page 40044-40045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy99-135]                         

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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]
BILLING CODE 4410-15-M