Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act, 12898 [05-5196]

Download as PDF 12898 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices General of the Environment and Natural Resources Division, U.S. Department of Justice, c/o David L. Weigert, Esq., Environmental Enforcement Section, Wyoming P.O. Box 7611, Ben Franklin Station, Washington, DC 20044–7611, and • Murie Ranch Historic District, should refer to United States v. Teton County, WY Lombardi Realty Inc., Civil Action No. Proposals for Withdrawal of 98–CV–591, DJ # 90–11–3–06538. Designation: The proposed Consent Decree may be Illinois examined at the Office of the United • Grant Park Stadium (Soldier Field), States Attorney, District of Rhode Island, Fleet Center, 50 Kennedy Plaza, Chicago, IL Providence, RI and office of the U.S. Maryland Environmental Protection Agency • Resurrection Manor, St. Mary’s Region I, One Congress Street, Boston, County, MD MA. During the public comment period, the Consent Decree may also be Dated: February 25, 2005. examined on the following Department Carol D. Shull, of Justice Web site, https:// Chief, National Historic Landmarks Survey and Keeper of the National Register of Historic www.usdoj.gov/enrd/open.html. Copies of the proposed Consent Decree may Places; National Park Service, Washington, also be obtained by mail from the DC. Consent Decree Library, P.O. Box 7611, [FR Doc. 05–5115 Filed 3–15–05; 8:45 am] U.S. Department of Justice, Washington, BILLING CODE 4312–51–P DC 20044–7611, or by faxing or emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax number DEPARTMENT OF JUSTICE (202) 514–0097, phone confirmation number (202) 514–1547. If requesting a Notice of Lodging of Consent Decree copy of the proposed Consent Decree, Pursuant to Comprehensive please enclose a check in the amount of Environmental Response, $3 (25 cents per page reproduction cost) Compensation, and Liability Act payable to the U.S. Treasury. Notice is hereby given that on March Ronald G. Gluck, 1, 2005, a proposed Consent Decree in Assistant Section Chief, Environmental United States v. Domenic Lombardi Enforcement Section, Environment and Realty Inc., Civil Action No. 98–CV– Natural Resources Division, U.S. Department 591, was lodged with the United States of Justice. District Court for the District of Rhode [FR Doc. 05–5196 Filed 3–15–05; 8:45 am] Island. BILLING CODE 4410–15–M The proposed Consent Decree resolves a claim for reimbursement of response costs, pursuant to section DEPARTMENT OF JUSTICE 107(a) of the Comprehensive Environmental Response, Notice of Lodging of Consent Decree Compensation, and Liability Act Between the United States and Illinois (‘‘CERCLA’’), 42 U.S.C. 9607(a), against Power Company and Dynegy Midwest Domenic Lombardi Realty, Inc. Generation Under the Clean Air Act (‘‘Lombardi’’), in connection with the Robin Hollow Road Superfund Site, in Under 28 CFR 50.7, notice is hereby West Greenwich, Rhode Island (‘‘Site’’). given that on March 7, 2005, a proposed Under the proposed Decree, Lombardi consent decree (‘‘Consent Decree’’) will: (1) Pay $650,000 in two between Illinois Power Company, installments—$400,000 within 30 days, Dynegy Midwest Generation, Inc. and and $250,000 within six months, after the United States, Civil Action No. 99– entry (without interest); and (2) 833–MJR, was lodged with the United covenant not to appeal or otherwise States District Court for the Southern challenge any judgment issued in this District of Illinois. The Consent Decree would resolve case. To become effective, the Consent claims asserted by the United States Decree must be approved by the United against Illinois Power Company and States District Court for the District of Dynegy Midwest Generation in a Rhode Island. For a period of thirty (30) days after Complaint filed against Illinois Power the date of this publication, the U.S. Company on November 3, 1999 and in Department of Justice will accept Amended Complaints filed against both comments relating to the proposed Illinois Power Company and Dynegy Consent Decree. Comments should be Midwest Generation, Inc. in 2001, 2002 addressed to the Assistant Attorney and 2003, pursuant to sections 113(b) Tennessee • Graceland (Elvis Presley Home), Memphis, TN VerDate jul<14>2003 18:35 Mar 15, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 and 167 of the Clean Air Act (the ‘‘Act’’), 42 U.S.C. 7413(b) and 7477, seeking injunctive relief and the assessment of civil penalties for violations at the Baldwin Generating Station of: (a) The Prevention of Significant Deterioration provisions in part C of subchapter I of the Act, 42 U.S.C. 7470– 92; (b) The New Source Performance Standards provision in part A of subchapter I of the Act, 42 U.S.C. 7411; and (c) The federally-enforceable State Implementation Plan developed by the State of Illinois (the ‘‘Illinois SIP’’). In addition, the proposed Consent Decree would require Dynegy Midwest Generation to spend no less than $15 million to implement mitigation projects that will finance the installation of enhanced mercury reduction technology, the acquisition and preservation of ecologically valuable lands and habitat in the St. Louis Metro East area and along the Illinois River, municipal building energy conservation, advanced truck stop electrification to reduce air emissions from diesel exhaust, and the transfer of an approximately 1,135 acre parcel of land along the Middle Fork of the Vermillion River in Vermillion County, Illinois, to the State of Illinois, Department The Complaints filed by the United States allege, among other things, that between approximately 1982 and the present, Illinois Power Company modified and thereafter operated the three coal-fired electricity generating units at the Baldwin Generating Station in Baldwin, Illinois, without first obtaining a PSD permit authorizing the construction and without installing the best available technology to control emissions of sulfur dioxide, nitrogen oxides, and particulate matter, as required by the Act, applicable Federal regulations, and the Illinois SIP. These modifications resulted in significant net emissions increases, as defined by 40 CFR 52.21(b)(3)(i), of none or more of the following pollutants: NOX, SO2, and PM. The proposed Consent Decree would require the current owner and operator of the Baldwin Generating Station, Dynegy Midwest Generation, to reduce SO2, NOX and PM emissions at the Baldwin Generating Station, as well as at four other coal-fired plants it owns in Illinois—the Havana Generating Station in Havana, IL, the Hennepin Generating Station in Hennepin, IL, the Vermilion Generating Station in Oakwood, IL, and the Wood River Generating Station in Alton, Illinois—through the installation of state-of-the-art pollution control E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Page 12898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5196]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on March 1, 2005, a proposed Consent 
Decree in United States v. Domenic Lombardi Realty Inc., Civil Action 
No. 98-CV-591, was lodged with the United States District Court for the 
District of Rhode Island.
    The proposed Consent Decree resolves a claim for reimbursement of 
response costs, pursuant to section 107(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607(a), against Domenic Lombardi Realty, Inc. 
(``Lombardi''), in connection with the Robin Hollow Road Superfund 
Site, in West Greenwich, Rhode Island (``Site''). Under the proposed 
Decree, Lombardi will: (1) Pay $650,000 in two installments--$400,000 
within 30 days, and $250,000 within six months, after entry (without 
interest); and (2) covenant not to appeal or otherwise challenge any 
judgment issued in this case. To become effective, the Consent Decree 
must be approved by the United States District Court for the District 
of Rhode Island.
    For a period of thirty (30) days after the date of this 
publication, the U.S. Department of Justice will accept comments 
relating to the proposed Consent Decree. Comments should be addressed 
to the Assistant Attorney General of the Environment and Natural 
Resources Division, U.S. Department of Justice, c/o David L. Weigert, 
Esq., Environmental Enforcement Section, P.O. Box 7611, Ben Franklin 
Station, Washington, DC 20044-7611, and should refer to United States 
v. Lombardi Realty Inc., Civil Action No. 98-CV-591, DJ  90-
11-3-06538.
    The proposed Consent Decree may be examined at the Office of the 
United States Attorney, District of Rhode Island, Fleet Center, 50 
Kennedy Plaza, Providence, RI and office of the U.S. Environmental 
Protection Agency Region I, One Congress Street, Boston, MA. During the 
public comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, https://www.usdoj.gov/enrd/
open.html. Copies of the proposed 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 (tonia.fleetwood@usdoj.gov), fax number 
(202) 514-0097, phone confirmation number (202) 514-1547. If requesting 
a copy of the proposed Consent Decree, please enclose a check in the 
amount of $3 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division, U.S. Department of Justice.
[FR Doc. 05-5196 Filed 3-15-05; 8:45 am]
BILLING CODE 4410-15-M
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.