Notice of Lodging of Consent Decree Between the United States and Illinois Power Company and Dynegy Midwest Generation Under the Clean Air Act, 12898-12899 [05-5198]

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 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices technologies and compliance with specified emission limits of Natural Resources. Finally, the proposed Consent Decree would require Dynegy Midwest Generation to pay a $9.0 million civil penalty. The United States was joined in the settlement by Plaintiff-Intervenors the State of Illinois and four citizen groups—the American Bottom Conservancy; Health and Environmental Justice—St. Louis; Illinois Stewardship Alliance; and the Prairie Rivers Network. The Department of Justice will receive for a period of thirty (30) days from the date of this 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. Illinois Power Company and Dynegy Midwest Generation, Inc., D.J. Ref. No. 90–5–2–1–06837. The Consent Decree may be examined at the Office of the United States Attorney, Southern District of Illinois, 9 Executive Drive, Suite 300, Fairview Heights, IL 62208, and at U.S. EPA Region V, 77 West Jackson Blvd., Chicago, IL 60604–3507. 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. 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 (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 $21.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. W. Benjamin Fisherow, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–5198 Filed 3–15–05 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Resource Conservation and Recovery Act Notice is hereby given that, on February 16, 2005, a proposed Consent Decree in United States v. Shell Oil VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 Company, et al., Civil Action No. 05– 1175 FMC PJWx, was lodged with the United States District Court for the Central District of California Western Division. In this action, the United States brought suit against Shell Oil Company, Shell Oil Products LLC (as successor in interest to Shell Oil Products Company), Equilon Enterprises LLC, Shell Pipeline Company LP (for itself and as successor in interest to Equilon Pipeline Company), TRM Company (formerly known as Texaco Refining & Marketing Company, ChevronTexaco Corporation, Chevron USA Inc., Exxon Mobil Corporation, Mobil Oil Corporation, ExxonMobil Corporation, Thrifty Oil Co., and Best California Gas, Ltd. (‘‘Oil Companies’’) pursuant to section 9003(h)(2) and section 9003(h)(6)(A) of the Resource Conservation and Recovery Act (‘‘RCRA’’), 42 U.S.C. 6991b(h)(2) and 6991b(h)(6)(A), seeking reimbursement of costs incurred in connection with the Charnock Sub-Basin located in the vicinity of Santa Monica, California. The complaint alleges that the releases of petroleum containing MTBE and other constituents from underground storage tanks owned or operated by Defendants contributed to the contamination of the Charnock SubBasin. Under the terms of the Consent Decree, the Oil Companies agree to pay $1.5 million to reimburse the United States’ costs relating to the Charnock Sub-Basin. Pursuant to 28 CFR 50.7, the Department of Justice will receive, for a period of thirty (30) days from the date of this 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. Shell Oil Company, et al., D.J. Ref. #90–11–3–1727. The Consent Decree may be examined during the public comment period on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ open.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, 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. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $10.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Additional information on the Charnock PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 12899 MTBE contamination site and the current status of the cleanup may be found at https://www.epa.gov/region09/ charnock. Ellen M. Mahan, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 05–5197 Filed 3–15–05; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Amendments to Partial Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Notice is hereby given that on March 8, 2005, proposed Amendments to Partial Consent Decree were lodged with the United States District Court for the Western District of Tennessee in United States v. Velsicol Chemical Corp., No. 91–2815–G (W.D. Tenn.). The proposed Amendments entered into among the United States on behalf of the Environmental Protection Agency, Velsicol Chemical Corporation (‘‘Velsicol’’), and the City of Memphis would substitute the Custodial Trust created in the bankruptcy settlement agreement in In re Fruit of the Loom, Inc., No. 99–4497 (Bankr. D. Del.) for Velsicol and would resolve Velsicol’s obligations under the Partial Consent Decree as provided in the Amendments and the bankruptcy settlement agreement. The 1991 Partial Consent Decree concerns the North Hollywood Dump Site located in Memphis, Tennessee. The Department of Justice will receive comments relating to the proposed Amendments for a period of thirty (30) days from the date of this publication. 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. Velsicol Chemical Corp., DJ Ref. No. 90–11–2–629. The proposed Amendments may be examined at the Office of the United States Attorney for the Western District of Tennessee, 800 Clifford Davis Federal Office Building, 167 N. Main Street, Memphis, Tennessee 38103, and at the Region 4 Office of the United States Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303. During the public comment period, the proposed Amendments may also be examined on the following E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12898-12899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5198]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States and 
Illinois Power Company and Dynegy Midwest Generation Under the Clean 
Air Act

    Under 28 CFR 50.7, notice is hereby given that on March 7, 2005, a 
proposed consent decree (``Consent Decree'') between Illinois Power 
Company, Dynegy Midwest Generation, Inc. and the United States, Civil 
Action No. 99-833-MJR, was lodged with the United States District Court 
for the Southern District of Illinois.
    The Consent Decree would resolve claims asserted by the United 
States against Illinois Power Company and Dynegy Midwest Generation in 
a Complaint filed against Illinois Power Company on November 3, 1999 
and in Amended Complaints filed against both Illinois Power Company and 
Dynegy Midwest Generation, Inc. in 2001, 2002 and 2003, pursuant to 
sections 113(b) 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

[[Page 12899]]

technologies and compliance with specified emission limits of Natural 
Resources. Finally, the proposed Consent Decree would require Dynegy 
Midwest Generation to pay a $9.0 million civil penalty.
    The United States was joined in the settlement by Plaintiff-
Intervenors the State of Illinois and four citizen groups--the American 
Bottom Conservancy; Health and Environmental Justice--St. Louis; 
Illinois Stewardship Alliance; and the Prairie Rivers Network.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this 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. Illinois Power Company and Dynegy Midwest Generation, 
Inc., D.J. Ref. No. 90-5-2-1-06837.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Illinois, 9 Executive Drive, 
Suite 300, Fairview Heights, IL 62208, and at U.S. EPA Region V, 77 
West Jackson Blvd., Chicago, IL 60604-3507. 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. 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 (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 $21.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-5198 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.