[Federal Register Volume 71, Number 50 (Wednesday, March 15, 2006)]
[Notices]
[Page 13432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2510]


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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 February 
14, 2006, a proposed consent decree in United States v. Edward Kraemer 
& Sons, Inc., Civil No. CIV-06-0480-PHX-NWV, 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 Edward Kraemer & Sons, Inc. (Kraemer) 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 and failure to comply 
with their dust control plan 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 $190,000 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. Edward Kraemer & Sons, Inc., D.J. Ref. 90-5-2-1-08544.
    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 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.

Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 06-2510 Filed 3-14-06; 8:45 am]
BILLING CODE 4410-15-M