[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Pages 108-109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32218]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Clean Air Act

    Notice is hereby given that a consent decree in United States v. 
Kenneth McDonald and Nicholas Menegatos, C.A. No. 3:CV-01-0510, was 
lodged on September 11, 2001, with the United States District Court for 
the Middle District of Pennsylvania. This notice was previously 
published in the Federal Register on October 4, 2001 and the public was 
given 30 days to comment. No comments were received. However, because 
of severe disruption in the mail service, the United States is unable 
to conclude with certainty that any comments mailed in response to that 
notice would have been received. As a result, the United States is 
providing this opportunity for any prior persons who previously 
submitted comments to resubmit their comments as directed below.
    The consent decree resolves the United States' claims against 
Defendant Nicholas Menegatos for violations of the Clean Air Act, 42 
U.S.C. 7401-7671q, and the National Emission Standards for Hazardous 
Air Pollutants for asbestos (``asbestos NESHAP''), 40 CFR part 61, with 
respect to the partial demolition of a facility, located in 
Tannersville, Pennsylvania.
    Under the consent decree, Defendant Menegatos, based upon his 
ability-to-pay, has agreed to pay a civil penalty in the amount of 
$2700 and has agreed to take a training course that will familiarize 
him with the Clean Air Act and the asbestos NESHAP regulations.
    The Department of Justice will receive, for a period of twenty (20) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments previously submitted by mail should 
be resubmitted to the Acting Assistant Attorney General for the 
Environment and Natural Resources Division, Department of Justice, 
Washington, DC 20530, and should refer to United States v. Kenneth 
McDonald and Nicholas Menegatos, C.A. No. 3:CV-01-0510, DOJ Reference 
No. 90-5-2-1-2217. The comments should be faxed to the Acting Assistant 
Attorney General at 202/616-6583.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 228 Walnut Street, Harrisburg, Pennsylvania 
17108; and the Region III Office of the Environmental Protection 
Agency, 1650 Arch Street, Philadelphia, Pennsylvania 19103. A copy of 
the proposed consent decree may be obtained by mail from the

[[Page 109]]

Department of Justice Consent Decree Library, P.O. Box 7611, 
Washington, DC 20044. In requesting a copy, please refer to the 
referenced case and enclose a check in the amount of $5.75 (.25 cents 
per page production costs), payable to the Consent Decree Library.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-32218 Filed 12-31-01; 8:45 am]
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