[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Notices]               
[Page 49489-49490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-76]                         

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DEPARTMENT OF JUSTICE

 
Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that on August 13, 2008, a proposed Consent 
Decree (the ``Decree'') in United States v. Allied Waste Services of 
Massachusetts, LLC, Civil Action No. 08-11382, was lodged with the 
United States District Court for the District of New Jersey.
    In a complaint, filed simultaneously with the Decree, the United 
States alleges that Allied Waste Services of Massachusetts, LLC 
(``Allied Waste'') violated the Clean Air Act, 42 U.S.C. 7401 et seq., 
at four of its waste-hauling depots in western Massachusetts by 
allowing some of its diesel waste-hauling trucks to idle in excess of 
five minutes, as prescribed by 30 CMR 7.11(b), a regulation included in 
the Massachusetts State Implementation Plan.
    Pursuant to the Decree, Allied will implement a number of 
compliance measures, including: Requiring a supervisor to walk-through 
the four depots where violations were found (``subject facilities'') 
twice a day to identify and rectify illegal idling; the implementation 
of a driver training program that highlights Allied Waste's anti-idling 
policy; the inclusion of the anti-idling policy as part of the subject 
facilities' daily debriefing checklist to be reviewed with each driver 
of a waste-hauling truck at the end of their route; the posting of ``No 
Idling'' signs at the subject facilities; and the certification by 
Allied Waste that all trucks equipped with automatic engine shut-offs 
are working and set to turnoff the engine at the expiration of five 
minutes of idling. If Allied Waste fails to conduct the aforementioned 
compliance measures, or is in future violation of 30 CMR 7.11(b), it 
will be subject to stipulated penalties under the terms of the Decree.
    Allied Waste will pay a $195,000 civil monetary penalty to the 
United States pursuant to the Decree.
    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

[[Page 49490]]

Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611, and 
should refer to United States v. Allied Waste Services of 
Massachusetts, LLC, D.J. Ref. 90-5-2-1-09305.
    The Decree may be examined at the Office of the United States 
Attorney, Michael J. Sullivan, District of Massachusetts, John Joseph 
Moakley Courthouse, 1 Courthouse Way Boston, Massachusetts 02210, and 
the U.S. Environmental Protection Agency, Region I, One Congress 
Street, Boston, Massachusetts 02114-2023. During the public comment 
period, the Decree may also be examined on the following Department of 
Justice website, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the 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 
(tonia.fleetwood@usdoj.gov), 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 $7.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-19341 Filed 8-20-08; 8:45 am]

BILLING CODE 4410-15-P