Notice of Lodging of Consent Decree Pursuant to the Clean Air Act; J.F. Shea, Inc.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air

Act; J.F. Shea, Inc.

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States v. J.F.

Shea, Inc., Civil Action No. 94-2100 GEB (E.D. Calif.), was lodged on

December 21, 1994, with the United States District Court for the

Eastern District of California. This is a civil action against J.F.

Shea, Inc., under Section 113(b) of the Clean Air Act (``Act''), 42

U.S.C. 7413(b), for violation of provisions of the Act and of the

regulations for New Source Performance Standards (``NSPS'') applicable

to owners and operators of hot mix asphalt facilities, 40 CFR Part 60,

Subpart I.

The violations of the NSPS regulations involved emissions of

excessive particulate matter at J.F. Shea, Inc.'s hot mix asphalt

facility at Redding, California. The Complaint sought civil penalties

and injunctive relief to ensure future compliance with the NSPS

regulations. Under the Consent Decree, J.F. Shea will pay a civil

penalty of $100,000. J.F. Shea is required by the Consent Decree to

conduct a source performance test within one year to establish

continued compliance with the applicable particulate matter emission

limitation.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. J.F. Shea, Inc., DOJ Ref. #90-5-2-1-1904.

The proposed consent decree may be examined at the office of the

United States Attorney, Eastern District of California, 555 Capitol

Mall, Suite 1550, Sacramento, California 95814; the Region IX Office of

the Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, California 94105; and at the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of

the proposed consent decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington,

DC 20005. In requesting a copy please refer to the referenced case and

enclose a check in the amount of $4.75 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-189 Filed 1-4-95; 8:45 am]

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