Notice of Lodging of Consent Decree Under the Clean Air Act, 35263-35264 [07-3150]
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Notices
units two and six of the Riverfront
Superfund Site.
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, and either emailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. the City of New Haven,
Missouri, Civil Action No.
4:06CV01429–ERW, D.J. Ref. 90–11–2–
08795.
The Consent Decree may be examined
at the Office of the United States
Attorney, Eastern District of Missouri,
111 South Tenth Street, 20th floor, St.
Louis, Missouri 63102, and at the
Environmental Protection Agency,
Region VII, 901 N. 5th Street, Kansas
City, Kansas 66101. During the public
comment period, the Consent Decree
may be examined on the following
Department of Justice Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.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 $29.50 (25 cents per
page reproduction cost) payable to the
United States Treasury for payment. In
requesting a copy exclusive of exhibits
and signature pages, please enclose a
check in the amount of $10.00 (25 cents
per page reproduction cost) payable to
the United States Treasury for payment.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division, United States
Department of Justice.
[FR Doc. 07–3149 Filed 6–26–07; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environment Response, Compensation
and Liability Act (‘‘CERCLA’’)
Notice is hereby given that on June
12, 2007, a proposed consent decree in
United States v. NCH Corporation, et
al., Civil Action No. 98–5268 (SDW) and
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United States v. FMC Corporation, et al.,
Civil Action No. 01–0476 (JCL), was
lodged with the United States District
Court for the District of New Jersey.
In these actions the United States
sought recovery of response costs
pursuant to Section 107(a) of CERCLA,
for costs incurred related to the Higgins
Farm Superfund Site in Franklin
Township, New Jersery and the Higgins
Disposal Superfund Site in Kingston,
New Jersey. The consent decree requires
Lisbeth Higgins to pay $1,323,831.80 in
reimbursement of the United States’
past and future response costs at the
Higgins Farm and Higgins Disposal Sites
and place agricultural easements on the
Higgins Farm and Higgins Disposal
properties to preserve the properties
exclusively for agricultural or
conservation use.
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, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
2044–7611, and should refer to United
States v. NCH Corporation, et al., D.J.
Ref. #90–11–3–1486/1 or United States
v. FMC Corportation, et al., D.J. Ref #90–
11–3–1486/2.
The consent decree may be exaimed
at the Office of the United States
Attorney, 970 Broad Street, Suite 700,
Newark, NJ 07102 (contact Susan Steele)
and at U.S. EPA Region II, 290
Broadway, New York, New York 10007–
1866 (contact Deborah Schwenk).
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/
Consent_Decree.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 $14.25 (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
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35263
Consent Decree Library at the stated
address.
Ronald G. Gluck,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 07–3148 Filed 6–26–07; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby
given that on June 13, 2007, a proposed
Consent Decree (‘‘Decree’’) in United
States v. Nevada Power Company, Civil
Action No. 2:07–cv–00771, was lodged
with the United States District Court for
the District of Nevada.
The Complaint filed simultaneously
with the Consent Decree was brought by
the United States against Nevada Power
Company (‘‘Nevada Power’’) 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 civil
penalties for violations of the preconstruction permitting program
required by the Prevention of
Significant Deterioration (‘‘PSD’’)
provisions of the Act, 42 U.S.C. 7470–
92, and the federally enforceable State
Implementation Plan (‘‘SIP’’) of Clark
County, Nevada. The Complaint alleges
that, in 1992, Nevada Power modified,
and thereafter operated, two combustion
turbines designated as Units 5 and 6 at
its Clark Generating Station (‘‘Clark
Station’’) in Las Vegas, Nevada without
first obtaining a PSD pre-construction
permit and a Title V Operating Permit
authorizing the modification and the
subsequent operation of these units, and
without installing and operating the
‘‘Best Available Control Technology’’ to
control emissions of oxides of nitrogen
(‘‘NOx’’).
The proposed Consent Decree would
require Nevada Power to reduce NOx
emissions through, among other things,
the installation of pollution control
technologies on Units 5 and 6 and on
two additional combustion turbines at
Clark Station, designated as Units 7 and
8. In addition, the proposed Consent
Decree would require Nevada Power to
fund $400,000 of solar arrays in Las
Vegas. Finally, the proposed Consent
Decree would require Nevada Power to
pay a $300,000 civil penalty.
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
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35264
Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Notices
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, DC
20044–7611, and should refer to United
States v. Nevada Power Company, D.J.
Ref. 90–5–2–1–07969.
The Decree may be examined at the
Office of the United States Attorney for
the District of Nevada, located at 333
South Las Vegas Blvd., Lloyd George
Federal Building, Las Vegas, Nevada,
and at U.S. EPA Region 9, located at 75
Hawthorne Street, San Francisco,
California. During the public comment
period, the Decree may also be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
ConsentDecrees.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 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 $12.75 (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. In requesting a copy exclusive
of appendices to the Decree, please
enclose a check in the amount of $12.00
(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. 07–3150 Filed 6–26–07; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–280 and 50–281]
jlentini on PROD1PC65 with NOTICES
Virginia Electric and Power Company;
Surry Power Station, Unit Nos. 1 and
2, Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of exemptions from Title 10 of
the Code of Federal Regulations (10
CFR), Part 50, Appendix G, ‘‘Fracture
Toughness Requirements’’ and 10 CFR
Part 50, Section 50.61, ‘‘Fracture
toughness requirements for protection
against pressurized thermal shock
events,’’ for Renewed Facility Operating
License Nos. DPR–32 and DPR–37,
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issued to Virginia Electric and Power
Company (the licensee), for operation of
the Surry Power Station, Unit Nos. 1
and 2 (Surry 1 and 2), located in Surry
County, Virginia. Therefore, as required
by 10 CFR 51.21, the NRC is issuing this
environmental assessment and finding
of no significant impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action, as described in
the licensee’s application dated June 13,
2006 (Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML061650080), would
allow use of an alternate method, as
described in Framatome Advanced
Nuclear Power Topical Report BAW–
2308, Revision 1, ‘‘Initial RTNDT of
Linde 80 Weld Materials,’’ for
determining the adjusted reference nilductility temperature (RTNDT) of the
Linde 80 weld materials present in the
beltline region of the Surry 1 and 2
reactor pressure vessels (RPVs). On
August 4, 2005, NRC approved the
Topical Report BAW–2308, Revision 1
(ADAMS Accession No. ML052070408).
The Need for the Proposed Action
The underlying purpose of 10 CFR
Part 50, Appendix G, and 10 CFR 50.61
is to protect the integrity of the reactor
coolant pressure boundary by ensuring
that each RPV material has adequate
fracture toughness. Per 10 CFR Part 50,
Appendix G, and 10 CFR 50.61, the
methodology for evaluating RPV
material fracture toughness is based on
Charpy V-notch and drop weight data.
This methodology has been shown to be
overly conservative when used to
predict the transition from ductile to
brittle failure in Linde 80 welds. As a
result, the licensee proposes to use an
alternate methodology as described in
the NRC approved Topical Report
BAW–2308, Revision 1, and this
alternate methodology still yields
conservative results for demonstrating
compliance with the requirements of 10
CFR Part 50, Appendix G, and 10 CFR
50.61.
Environmental Impacts of the Proposed
Action
The NRC has completed its safety
evaluation (SE) of the proposed action
and concludes that the proposed
exemptions will not present an undue
risk to the public health and safety. The
details of the NRC staff’s SE will be
provided in the exemptions that will be
issued as part of the letter to the
licensee approving the exemptions to
the regulation. The exemptions would
allow the licensee to use an alternative
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methodology to make use of fracture
toughness test data for evaluating the
integrity of the Surry 1 and 2 RPV
circumferential beltline welds; do not
compromise the safe operation of the
reactors, and ensure that RPV integrity
is maintained. Further, these
exemptions will not increase the
potential for failure of RPV due to PTS.
Therefore, these exemptions have no
significant environmental impacts.
The proposed action will not
significantly increase the probability or
consequences of accidents. No changes
are being made in the types of effluents
that may be released off site. There is no
significant increase in the amount of
any effluent released off site. There is no
significant increase in occupational or
public radiation exposure. Therefore,
there are no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential nonradiological impacts, the proposed
action does not have a potential to affect
any historic sites. It does not affect nonradiological plant effluents and has no
other environmental impact. Therefore,
there are no significant non-radiological
environmental impacts associated with
the proposed action.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the NRC staff considered denial
of the proposed action (i.e., the ‘‘noaction’’ alternative). Denial of the
application would result in no change
in current environmental impacts. The
environmental impacts of the proposed
action and the alternative action are
similar.
Alternative Use of Resources
The action does not involve the use of
any different resources than those
previously considered in the Final
Environmental Statement related to the
operation of Surry 1 and 2, May and
June 1972, respectively.
Agencies and Persons Consulted
In accordance with its stated policy,
on April 25, 2007, the NRC staff
consulted with Mr. Les Foldesi, Director
of the Bureau of Radiological Health,
Commonwealth of Virginia, regarding
the environmental impact of the
proposed action. The State official had
no comments.
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Agencies
[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Notices]
[Pages 35263-35264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3150]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Under 28 CFR 50.7, notice is hereby given that on June 13, 2007, a
proposed Consent Decree (``Decree'') in United States v. Nevada Power
Company, Civil Action No. 2:07-cv-00771, was lodged with the United
States District Court for the District of Nevada.
The Complaint filed simultaneously with the Consent Decree was
brought by the United States against Nevada Power Company (``Nevada
Power'') 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
civil penalties for violations of the pre-construction permitting
program required by the Prevention of Significant Deterioration
(``PSD'') provisions of the Act, 42 U.S.C. 7470-92, and the federally
enforceable State Implementation Plan (``SIP'') of Clark County,
Nevada. The Complaint alleges that, in 1992, Nevada Power modified, and
thereafter operated, two combustion turbines designated as Units 5 and
6 at its Clark Generating Station (``Clark Station'') in Las Vegas,
Nevada without first obtaining a PSD pre-construction permit and a
Title V Operating Permit authorizing the modification and the
subsequent operation of these units, and without installing and
operating the ``Best Available Control Technology'' to control
emissions of oxides of nitrogen (``NOx'').
The proposed Consent Decree would require Nevada Power to reduce
NOx emissions through, among other things, the installation
of pollution control technologies on Units 5 and 6 and on two
additional combustion turbines at Clark Station, designated as Units 7
and 8. In addition, the proposed Consent Decree would require Nevada
Power to fund $400,000 of solar arrays in Las Vegas. Finally, the
proposed Consent Decree would require Nevada Power to pay a $300,000
civil penalty.
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
[[Page 35264]]
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, DC 20044-7611, and should refer to United States
v. Nevada Power Company, D.J. Ref. 90-5-2-1-07969.
The Decree may be examined at the Office of the United States
Attorney for the District of Nevada, located at 333 South Las Vegas
Blvd., Lloyd George Federal Building, Las Vegas, Nevada, and at U.S.
EPA Region 9, located at 75 Hawthorne Street, San Francisco,
California. During the public comment period, the Decree may also be
examined on the following Department of Justice Web site, https://
www.usdoj.gov/enrd/ConsentDecrees.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 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 $12.75 (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. In
requesting a copy exclusive of appendices to the Decree, please enclose
a check in the amount of $12.00 (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. 07-3150 Filed 6-26-07; 8:45 am]
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