[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 (<a href="/cdn-cgi/l/email-protection#baced5d4d3db94dcd6dfdfcecdd5d5defacfc9ded5d094ddd5cc"><span class="__cf_email__" data-cfemail="7a0e1514131b541c161f1f0e0d15151e3a0f091e1510541d150c">[email protected]</span></a>), 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


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