[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Page 19811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10450]


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DEPARTMENT OF JUSTICE


Notice of Consent Judgment Pursuant to the Clean Air Act

    In accordance with Departmental Policy, 28 C.F.R. Sec. 50.7, 38 FR 
19029, notice is hereby given that a proposed Consent Decree in United 
States v. Big Apple Wrecking Corp., et al., 88 Civ. No. 9190 (DNE), was 
lodged in the United States District Court for the Southern District of 
New York, on March 3, 1997. The proposed Consent Decree resolves the 
United States' claims against Leon D. DeMatteis Construction Corp. 
(``DeMatteis'') and Crescent-Duane Company (``Crescent-Duane'') under 
section 112 of the Clean Air Act (``the Act''), 42 U.S.C. Sec. 7412, 
and the National Emission Standards for Hazardous Air Pollutants for 
asbestos (``the asbestos NESHAP''), 40 C.F.R. Part 61, Subpart M, for 
their failures to comply with work practice standards contained in the 
asbestos NESHAP during the removal, handling and disposal of asbestos 
from a building being demolished at 105-107 Duane Street in New York 
City (the ``Duane Street site'').
    Under the terms of the Consent Decree, the Settling Defendants will 
jointly pay to the United States a civil penalty of $25,000 and will 
comply with injunction requirements that, inter alia, (a) Prohibit 
future violations of the Act and the asbestos NESHAP, (b) require the 
Settling Defendants to provide notice to EPA of future demolition or 
renovation operations, and (c) require the Settling Defendants to 
cooperate with the United States in its prosecution of this case 
against Big Apple Wrecking. The Decree resolves only those civil claims 
alleged in the complaint against settling defendants.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, written comments relating to 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, Department of Justice, Washington, D.C. 20530, and should 
refer to United States v. Big Apple Wrecking Corp., et al., DOJ # 90-5-
2-1-1281, 88 Civ. No. 9190 (DNE).
    The proposed Consent Decree may be examined at the Office of the 
Untied States Attorney, Southern District of New York, 100 Church 
Street, 19th Floor, New York, New York 10007; at the Region II Office 
of the U.S. Environmental Protection Agency, 290 Broadway, New York, 
New York 10278; and at the Consent Decree Library, 1120 G Street, N.W., 
4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies of the 
Consent Decree may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. 
In requesting a copy, please enclose a check in the amount of $3.50 (25 
cents per page reproduction costs) payable to the Consent Decree 
Library.
Joel M. Gross,
Environmental Enforcement Section, Environment and Natural Resources 
Division.
[FR Doc. 97-10450 Filed 4-22-97; 8:45 am]
BILLING CODE 4410-15-M