[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Pages 58127-58128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5027]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Pursuant to 28 CFR 50.7, notice is hereby given that on September
20, 2007, a proposed consent decree in United States v. Richmond
American Homes of Arizona, Inc., Civil No. CIV-07-1796-PHX-LOA, was
lodged with the United States District Court for the District of
Arizona.
This Consent Decree will address claims asserted by the United
States in a complaint filed contemporaneously with the Consent Decree
against Richmond American Homes of Arizona, Inc. (Richmond American)
for civil penalties and injunctive relief under section 113(b) of the
Clean Air Act (the Act), 42 U.S.C. 7413(b), for failure to install
suitable trackout control devices, failure to immediately clean up
trackout, failure to implement dust control measures, and failure to
operate water application while conducting earthmoving in violation of
Rule 2 Regulation 1, and Rule 310 of Regulation 3 of the Maricopa
County Air Quality Department (MCAQD) which are part of the federally
approved and federally enforceable State Implementation Plan (SIP)
submitted to EPA by the State of Arizona pursuant to section 110 of the
Act, 42 U.S.C. 7410.
The proposed Consent Decree provides for the payment of $155,000 in
civil penalties. The Consent Decree also includes measures designed to
abate fugitive dust emissions which include installation of trackout
control devices at its work sites; employing a dust control monitor at
sites with 50 acres or more of surface; and requiring dust control
training for employees and certain employees of sub-contractors whose
job responsibilities involve dust generating operations.
The Department of Justice will receive for a period of thirty (30)
days from the date of the publication comments relating to the Consent
Decree. Comments should be addressed to the Assistant Attorney General,
Environment and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. Richmond American Homes of Arizona, Inc., D.J. Ref.
90-5-2-1-08574.
The Consent Decree may be examined at the Office of the United
States Attorney for the District of Arizona, Two Renaissance Square, 40
N. Central Avenue, Suite 1200, Phoenix, Arizona 85004-4408, and at U.S.
Environmental Protection Agency, Region 9, Office of Regional Counsel,
75 Hawthorne Street, San Francisco, California 94105. During the public
comment period, the Consent Decree may also be examined on the
following Department of Justice Web site: http://www.usdoj.gov/enrd/open.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
[[Page 58128]]
Fleetwood ([email protected]), fax number (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $4.75
(25 cents per page reproduction cost) payable to the U.S. Treasury.
Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 07-5027 Filed 10-11-07; 8:45 am]
BILLING CODE 4410-15-M