[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Notices]
[Pages 26146-26147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10241]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act of 
1970, as Amended

    Pursuant to 28 CFR 50.7, notice is hereby given that on April 29, 
2008, a proposed consent decree in United States v. Sun State Builders, 
Inc., Civil Action No. 2:08-CV-00816-HRH, was lodged with the United 
States District Court for the District of Arizona.
    This Consent Decree will resolve claims asserted by the United 
States against Sun State for injunctive relief and civil penalties 
based on violations of Maricopa County dust control regulations 
incorporated in the Arizona State Implementation Plan under the Clean 
Air Act (``the Act''). The complaint in this action seeks civil 
penalties and injunctive relief under

[[Page 26147]]

Section 113(b) of the Act, 42 U.S.C. 7413(b), against the Defendant for 
failure to install suitable trackout control devices, failure to 
immediately clean up trackout, failure to implement dust control 
measures, and failure to operate a water application system while 
conducting earth moving, in violation of Rule 310 of Regulation 3 of 
the Maricopa County Air Quality Department (MCAQD), which is 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 settles these claims by providing for 
payment by the Defendant of $106,000 in civil penalties to the United 
States. The Consent Decree also requires implementation of measures 
designed to abate fugitive dust emissions, including the designation of 
qualified dust control coordinators at sites with five acres or more of 
disturbed surface area and requiring dust control training for 
employees whose job responsibilities involve dust generating 
operations.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 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 either e-mailed 
to [email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Sun State Builders, Inc., D.J. Ref. 90-5-2-1-
09146.
    The consent decree may be examined at the Office of the United 
States Attorney for the District of Arizona, 40 N. Central Ave., Suite 
1200, Phoenix, Arizona 85004, and at U.S. EPA 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/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 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $5.00 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-10241 Filed 5-7-08; 8:45 am]
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