Notice of Lodging of Partial Consent Decree Pursuant to the Clean Air Act, 26109-26110 [06-4167]

Download as PDF Federal Register / Vol. 71, No. 85 / Wednesday, May 3, 2006 / Notices section, delete the following phrase: ‘‘to conduct site characterization studies to determine a suitable location for disposal of uranium mill site tailings’’ INTERNATIONAL TRADE COMMISSION Kent Hoffman, Deputy State Director, Division of Land and Minerals. [FR Doc. E6–6682 Filed 5–2–06; 8:45 am] Synthetic Indigo From China Determination BILLING CODE 6450–01–P DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf (OCS) Policy Committee—Notice of Renewal AGENCY: [Investigation No. 731–TA–851 (Review)] Minerals Management Service, Interior. On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty order on synthetic indigo from China would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. ACTION: Background SUMMARY: Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior (Secretary) is renewing the OCS Policy Committee. The OCS Policy Committee will provide advice to the Secretary, through the Director of the Minerals Management Service, related to the discretionary functions of the Bureau under the OCS Lands Act and related statutes. The Committee will review and comment on all aspects of leasing, exploration, development and protection of OCS resources and provide a forum to convey views representative of coastal states, local government, offshore mineral industries, environmental community, and other users of the offshore and the interested public. The Commission instituted this review on May 2, 2005 (70 FR 22701) and determined on August 5, 2005 that it would conduct a full review (70 FR 48588, August 18, 2005). Notice of the scheduling of the Commission’s review and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on September 27, 2005 (70 FR 56489). The hearing was held in Washington, DC, on February 9, 2006, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determination in this investigation to the Secretary of Commerce on April 27, 2006. The views of the Commission are contained in USITC Publication 3846 (April 2006), entitled Synthetic Indigo from China: Investigation No. 731–TA– 851 (Review). Notice of renewal of the OCS Policy Committee. FOR FURTHER INFORMATION CONTACT: Jeryne Bryant, Minerals Management Service, Offshore Minerals Management, Herndon, Virginia 20170–4817, telephone (703) 787–1213. Certification jlentini on PROD1PC65 with NOTICES I hereby certify that the renewal of the OCS Policy Committee is in the public interest in connection with the performance of duties imposed on the Department of the Interior by 43 U.S.C. 1331 et seq., 30 U.S.C. 1701 et seq., and 30 U.S.C. 1001 et seq. Dated: April 26, 2006. P. Lynn Scarlett, Acting Secretary of the Interior. [FR Doc. 06–4133 Filed 5–2–06; 8:45 am] BILLING CODE 4310–MR–M VerDate Aug<31>2005 17:19 May 02, 2006 Jkt 208001 By order of the Commission. Issued: April 27, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–6698 Filed 5–2–06; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Partial Consent Decree Pursuant to the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on April 24, 2006, the United States lodged a proposed partial 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 26109 Consent Decree (‘‘Consent Decree’’) in the United States District Court for the Northern District of Alabama in the matter captioned United States, et al. v. Alabama Power Company, (Civil Action No. 2:01–cv–00152–VEH). The Consent Decree would resolve the liability of Alabama Power Company (‘‘APC’’) relating to the Fifth Claim for Relief included in the United States’ Amended Complaint in this action, which the United States brought pursuant to Sections 113 and 167 of the Clean Air Act (‘‘the Act’’), 42 U.S.C. 7413, 7477. The United States’ Fifth Claim for Relief concerned the construction of Units 3 and 4 at Alabama Power Company’s James H. Miller, Jr. coal-fired electric power plant, located near the town of West Jefferson, in Jefferson County, Alabama (‘‘Plant Miller’’). The United States alleged in its Fifth Claim for Relief that APC violated the Prevention of Significant Deterioration (‘‘PSD’’) requirements of the Act, 42 U.S.C. 7470–92, and regulations promulgated thereunder, including the State Implementation Plan (‘‘SIP’’) approved under the Act for the State of Alabama, by failing to obtain a PSD permit from EPA for Plant Miller Unit 3, or the appropriate PSD permit for Plant Miller Unit 4, incorporating Best Available Control Technology (‘‘BACT’’) requirements. The United States alleged that these PSD permit requirements became applicable, inter alia, by virtue of APC’s failure to undertake and implement a continuous program of onsite construction and/or to complete construction of Plant Miller Units 3 and 4 within a reasonable time. In the alternative, the United States alleged that APC violated Section 111(e) of the Act by operating Plant Miller Units 3 and 4 without complying with an applicable standard of performance—40 CFR part 60, Subpart Da—promulgated by EPA pursuant to the New Source Performance Standards (‘‘NSPS’’) provisions of the Act. The United States alleged that the NSPS Subpart Da regulations became applicable by virtue of APC’s failure to commence a continuous program of on-site construction of the boilers for Plant Miller Units 3 and 4 until after September 19, 1978. Plaintiff-Intervenor Alabama Environmental Council, Inc., which is also a party to the Consent Decree, alleged similar PSD violations concerning the Plant Miller Units 3 and 4 in its Ninth and Tenth Claims for Relief included in its complaint in intervention in this action. Under the terms of the proposed Consent Decree, the civil claims for E:\FR\FM\03MYN1.SGM 03MYN1 jlentini on PROD1PC65 with NOTICES 26110 Federal Register / Vol. 71, No. 85 / Wednesday, May 3, 2006 / Notices relief concerning Plant Miller alleged by the United States and Alabama Environmental Council, Inc. in their respective complaints would be resolved, and APC would be required to (1) Commence continuous year-round operation of Selective Catalytic Reduction (‘‘SCR’’) technology at each of Plant Miller Units 3 and 4 for control of nitrogen oxide (‘‘NOX’’) emissions on a year-round basis beginning in 2008, and thereafter achieve and maintain specified NOX emission rates from those units; (2) install and begin year-round operation of Flue Gas Desulfurization (‘‘FGD’’ or ‘‘scrubber’’) technology at each of Plant Miller Units 3 and 4 for control of sulfur dioxide (‘‘SO2’’) emissions by December 31, 2011, and thereafter maintain a specified SO2 emission removal efficiency for those units; (3) achieve by December 31, 2006, and thereafter maintain a specified emission rate for particulate matter (‘‘PM’’) emissions from Plant Miller Units 3 and 4; and (4) install and operate by December 31, 2008, and thereafter report to EPA data collected from, a mercury continuous emissions monitoring system (‘‘Mercury CEMS’’) at Plant Miller Units 3 and 4. In addition, the Consent Decree would require APC to purchase and permanently retire $4.9 million worth of vintage 2007 SO2 emissions allowances, restrict APC’s right to transfer any surplus SO2 emissions allowances it may generate from Plant Miller Units 3 and 4 after the year 2020, and require APC to pay a civil penalty of $100,000. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the above-described 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, et al. v. Alabama Power Company, D.J. Ref. No. 90–5–2–1– 06994. During the public comment period, the proposed 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 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 emailing 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 VerDate Aug<31>2005 17:19 May 02, 2006 Jkt 208001 $14.50 (25 cents per page reproduction cost) payable to the U.S. Treasury. Bruce S. Gelber, Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–4167 Filed 5–2–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 Through 9675 Notice is hereby given that on April 21, 2006, a proposed consent decree (‘‘decree’’) in CoZinCo, Inc. v. The United States Environmental Protection Agency, et al., Civil Action No. 98–K– 1724 (Consolidated with 98–K–2110), was lodged with the United States District Court for the District of Colorado. In this action the United States sought past and future response costs pursuant to sections 107(a) and 113(g)(2) of CERCLA, 42 U.S.C. 9607(a) and 9613(g)(2), for groundwater contamination allegedly relating to CoZinCo’s facility located on Operable Unit 3 of the Smeltertown Superfund Site (‘‘Site’’) in Salida, Colorado. CoZinCo has pursued reimbursement claims under section 106(b) of CERCLA, 42 U.S.C. 9606(b), claims for attorneys fees, and a counterclaim under the Federal Tort Claims Act against the United States. The proposed consent decree would resolve all claims asserted, or which could be asserted, by CoZinCo against the United States at this Site in exchange for CoZinCo’s payment of $100,000 to the Environmental Protection Agency. 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 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 CoZinCo, Inc. v. The United States Environmental Protection Agency, et al., Civil Action No. 98–K–1724 (Consolidated with 98–K–2110), D.J. Ref. No. DJ #90–11–3–1522/A, 1522/2, & 90–11–6–05232. The decree may be examined at U.S. EPA Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202. During the public comment period, the decree may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. a copy PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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 $5.00 payable to the U.S. Treasury. Robert D. Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06–4168 Filed 5–2–06; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request April 27, 2006. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104– 13,44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling the Department of Labor. To obtain documentation contact Ira Mills on 202–693–4122 (this is not a toll-free number) or E-Mail: Mills.Ira@dol.gov or access the documents online at https:// www.doleta.gov/OMBCN/ OMBControlNumber.cfm. Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503, 202–395–7316 (this is not a toll free number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Notices]
[Pages 26109-26110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4167]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Partial Consent Decree Pursuant to the Clean 
Air Act

    Under 28 CFR 50.7, notice is hereby given that on April 24, 2006, 
the United States lodged a proposed partial Consent Decree (``Consent 
Decree'') in the United States District Court for the Northern District 
of Alabama in the matter captioned United States, et al. v. Alabama 
Power Company, (Civil Action No. 2:01-cv-00152-VEH).
    The Consent Decree would resolve the liability of Alabama Power 
Company (``APC'') relating to the Fifth Claim for Relief included in 
the United States' Amended Complaint in this action, which the United 
States brought pursuant to Sections 113 and 167 of the Clean Air Act 
(``the Act''), 42 U.S.C. 7413, 7477. The United States' Fifth Claim for 
Relief concerned the construction of Units 3 and 4 at Alabama Power 
Company's James H. Miller, Jr. coal-fired electric power plant, located 
near the town of West Jefferson, in Jefferson County, Alabama (``Plant 
Miller''). The United States alleged in its Fifth Claim for Relief that 
APC violated the Prevention of Significant Deterioration (``PSD'') 
requirements of the Act, 42 U.S.C. 7470-92, and regulations promulgated 
thereunder, including the State Implementation Plan (``SIP'') approved 
under the Act for the State of Alabama, by failing to obtain a PSD 
permit from EPA for Plant Miller Unit 3, or the appropriate PSD permit 
for Plant Miller Unit 4, incorporating Best Available Control 
Technology (``BACT'') requirements. The United States alleged that 
these PSD permit requirements became applicable, inter alia, by virtue 
of APC's failure to undertake and implement a continuous program of on-
site construction and/or to complete construction of Plant Miller Units 
3 and 4 within a reasonable time. In the alternative, the United States 
alleged that APC violated Section 111(e) of the Act by operating Plant 
Miller Units 3 and 4 without complying with an applicable standard of 
performance--40 CFR part 60, Subpart Da--promulgated by EPA pursuant to 
the New Source Performance Standards (``NSPS'') provisions of the Act. 
The United States alleged that the NSPS Subpart Da regulations became 
applicable by virtue of APC's failure to commence a continuous program 
of on-site construction of the boilers for Plant Miller Units 3 and 4 
until after September 19, 1978.
    Plaintiff-Intervenor Alabama Environmental Council, Inc., which is 
also a party to the Consent Decree, alleged similar PSD violations 
concerning the Plant Miller Units 3 and 4 in its Ninth and Tenth Claims 
for Relief included in its complaint in intervention in this action.
    Under the terms of the proposed Consent Decree, the civil claims 
for

[[Page 26110]]

relief concerning Plant Miller alleged by the United States and Alabama 
Environmental Council, Inc. in their respective complaints would be 
resolved, and APC would be required to (1) Commence continuous year-
round operation of Selective Catalytic Reduction (``SCR'') technology 
at each of Plant Miller Units 3 and 4 for control of nitrogen oxide 
(``NOX'') emissions on a year-round basis beginning in 2008, 
and thereafter achieve and maintain specified NOX emission 
rates from those units; (2) install and begin year-round operation of 
Flue Gas Desulfurization (``FGD'' or ``scrubber'') technology at each 
of Plant Miller Units 3 and 4 for control of sulfur dioxide 
(``SO2'') emissions by December 31, 2011, and thereafter 
maintain a specified SO2 emission removal efficiency for 
those units; (3) achieve by December 31, 2006, and thereafter maintain 
a specified emission rate for particulate matter (``PM'') emissions 
from Plant Miller Units 3 and 4; and (4) install and operate by 
December 31, 2008, and thereafter report to EPA data collected from, a 
mercury continuous emissions monitoring system (``Mercury CEMS'') at 
Plant Miller Units 3 and 4. In addition, the Consent Decree would 
require APC to purchase and permanently retire $4.9 million worth of 
vintage 2007 SO2 emissions allowances, restrict APC's right 
to transfer any surplus SO2 emissions allowances it may 
generate from Plant Miller Units 3 and 4 after the year 2020, and 
require APC to pay a civil penalty of $100,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the above-
described 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, et al. v. Alabama Power Company, D.J. Ref. No. 
90-5-2-1-06994.
    During the public comment period, the proposed 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 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 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 $14.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 06-4167 Filed 5-2-06; 8:45 am]
BILLING CODE 4410-15-M
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