[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Pages 30110-30111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14867]



Notice of Lodging of Consent Decree Under the Toxic Substances 
Control Act

    Notice is hereby given that on June 16, 2009 a proposed Consent 
Decree in United States v. Wallside, Inc., Civil Action No. 2:09-12317-
AC-DAS, was lodged with the United States District Court for the 
Eastern District of Michigan. The consent decree settles claims against 
a window manufacturing and replacement corporation located outside of 
Detroit, Michigan. The claims were brought on behalf of the 
Environmental Protection Agency (``U.S. EPA'') under the Toxic 
Substances Control Act, 15 U.S.C. 2601 et seq., and on behalf of the 
State of Michigan Department of Community Health (``Michigan DCH'') 
under the Michigan Lead Abatement Act, 1998 Mich. Pub. Acts 219 1 et 
seq., Mich. Comp. Laws Ann. 333.5451 et seq. The Plaintiffs allege in 
the complaint that the Settling Defendant failed to make one or more of 
the disclosures or to complete one or more of the disclosure activities 
required by Title IV, 406(b) of the Toxic Substances Control Act.
    Under the Consent Decree, the Settling Defendant will pay a civil 
penalty of $100,000 and will certify that it is now in compliance and 
will continue to comply with residential lead based paint hazard 
notification requirements. The Settling Defendant will also perform two 
Supplemental Environmental Projects (``SEPs''). For one SEP the 
Settling Defendant will provide $350,000 worth of windows to the State 
of Michigan for installation in housing built before 1978. For the 
other SEP, the Settling Defendant will voluntarily employ lead safe 
work practices in advance of being subject to Federal regulations which 
will become effective in April of 2010 imposing similar lead safe work 
practices requirements on all renovators of pre-1978 properties.
    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, Environment and Natural Resources Division, and 
either e-mailed to [email protected] or mailed to U.S. 
Department of Justice, Washington, DC 20044-7611 P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Wallside, Inc., D.J. Ref.  90-5-1-1-08899.
    The Proposed Consent Decree may be examined at the office of the 
United States Attorney for the Eastern District of Michigan, 211 Fort 
Street, Suite 2001, Detroit, MI 48226 (Attn. Assistant United States 
Attorney Carolyn Bell-Harbin); and at U.S. EPA Region 5, 77 W. Jackson 
Blvd., Chicago, IL 60604. During the public comment period, the Consent 
Decree may also be examined on the following Department of Justice Web 
site, available at http://

[[Page 30111]]

www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
no. (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $11.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-14867 Filed 6-23-09; 8:45 am]