[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Page 42132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17603]


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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 July 12, 
2010, a proposed consent decree in United States v. Summit Builders 
Construction Co., Civil No. CIV-10-1461-PHX-JAT, 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 Summit Builders Construction Co. (Summit) 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 and failure to immediately clean up trackout while 
conducting earthmoving, failure to operate a water application system 
while conducting earthmoving, and failure to implement approved dust 
control measures 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 $105,610 in 
civil penalties. The Consent Decree also includes measures designed to 
abate fugitive dust emissions; employing a dust control monitor at 
sites with 1 acre 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, or submitted to the 
following e-mail address: [email protected], and should 
refer to United States v. Summit Builders Construction Co., D.J. Ref. 
90-5-2-1-09616.
    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/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 
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.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-17603 Filed 7-19-10; 8:45 am]
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