Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 37798 [07-3367]

Download as PDF jlentini on PROD1PC65 with NOTICES 37798 Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Notices (b) The New Source Performance Standards (‘‘NSPS’’) provisions of the Act, 42 U.S.C. 7411; (c) Title V of the Act, 42 U.S.C. 7661 et seq.; and (d) The federally-enforceable State Implementation Plan (‘‘SIP’’) developed by the Commonwealth of Kentucky. EKPC operates three coal-fired power plants in Kentucky: The Spurlock Plant, located near Maysville, Kentucky, the Dale Plant, located near Winchester, Kentucky, and the Cooper Plant, located near Somerset, Kentucky. The complaint filed by the United States alleges that EKPC modified Spurlock Unit 2 and Dale Units 3 and 4 without complying with PSD (including the requirements to first obtain a PSD permit authorizing the modifications and to install and operate the best available technology to control emissions of sulfur dioxide (‘‘SO2’’), nitrogen oxides (‘‘NOx’’), and/or particulate matter (‘‘PM’’)), and modified Dale Units 3 and 4 without complying the NSPS. The Complaint also alleges that EKPC violated Title V of the Act by failing to include the PSD and NSPS requirement triggered by its modifications in its Title V operating permits for the Spurlock and Dale plants. Finally, the Complaint alleges that EKPC illegally operated Spurlock Unit 2 at heat input capacities that were higher than allowed by its operating permit. The proposed Consent Decree would require EKPC to reduce SO2, NOx and PM emissions at its plants through the installation and operation of state-ofthe-art pollution control technologies and/or the retirement or re-powering of certain units. In addition, the proposed Consent Decree would require EKPC to install and operate wet electrostatic precipitators at its Spurlock Plant, which are designed to control sulfuric acid mist from coal-fired power plants, as a means of mitigating the harm caused by the alleged violations. Finally, the proposed Consent Decree would require EKPC to pay a $750,000 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 Consent Decree. Comments should be addressed to the Assistant Attorney General, Environmental 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 20044–7611, and should refer to United States v. East Kentucky Power Cooperative, D.J. Ref. No. 90–5–2–1– 08085. VerDate Aug<31>2005 17:56 Jul 10, 2007 Jkt 211001 The Consent Decree may be examined at the Office of the United States Attorney, Eastern District of Kentucky, 260 West Vine Street, Suite 300, Lexington, Kentucky, 40507–1612, and at U.S. EPA Region IV, 61 Forsyth Street, SW., Atlanta, Georgia, 30303– 8960. 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/ Constent_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 $18.50 (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. W. Benjamin Fisherow, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–3368 Filed 7–10–07; 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 Notice is hereby given that on July 3, 2007, a proposed Remedial Design/ Remedial Action Consent Decree (‘‘Decree’’) in United States v. Findett Real Estate Corp., et al., Civil Action No. 07–1215 was lodged with the United States District Court for the Eastern District of Missouri. The Decree resolves claims of the United States and the State of Missouri against the settling defendants brought under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., for declaratory relief, injunctive relief, and recovery of response costs incurred and to be incurred by the United States in connection with the release of hazardous substances at operable unit 3 (‘‘OU3’’) of the Hayford Bridge Road Groundwater Site located in St. Charles, Missouri (‘‘Site’’). The Decree requires six of the settling defendants to perform the remedy selected by EPA for OU3 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 and the remaining settling defendants to pay their allocated share of the costs to implement the remedy, including EPA oversight costs. The work to be performed by the settling defendants at OU3 is expected cost about $1.12 million. 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, Environmental 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 20044–7611, and should refer to United States v. Findett Real Estate Corp., et al., Civil Action No. 07–1215 (E.D. Missouri), D.J. Ref. 90–11–2–417/2. The Decree may be examined at the Office of the United States Attorney, Eastern District of Missouri, 111 S. 10th Street, 20th Floor, St. Louis, Missouri 63102, and at U.S. EPA Region VII, 901 N. 5th Street, Kansas City, Kansas 66101. During the public comment period, the Decree, may also be examined on the following Department of Justice Web site, https:// 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 $50.50 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by email or fax, forward a check in that amount to the Consent Decree Library at the stated address. In requesting a copy exclusive of exhibits and defendants’ signatures, please enclose a check in the amount of $12.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. Robert E. Maher, Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–3367 Filed 7–10–07; 8:45 am] BILLING CODE 4410–15–M E:\FR\FM\11JYN1.SGM 11JYN1

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Department of Justice

[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Page 37798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3367]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on July 3, 2007, a proposed Remedial 
Design/Remedial Action Consent Decree (``Decree'') in United States v. 
Findett Real Estate Corp., et al., Civil Action No. 07-1215 was lodged 
with the United States District Court for the Eastern District of 
Missouri.
    The Decree resolves claims of the United States and the State of 
Missouri against the settling defendants brought under the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, (``CERCLA''), 42 U.S.C. 9601 et seq., for declaratory relief, 
injunctive relief, and recovery of response costs incurred and to be 
incurred by the United States in connection with the release of 
hazardous substances at operable unit 3 (``OU3'') of the Hayford Bridge 
Road Groundwater Site located in St. Charles, Missouri (``Site''). The 
Decree requires six of the settling defendants to perform the remedy 
selected by EPA for OU3 and the remaining settling defendants to pay 
their allocated share of the costs to implement the remedy, including 
EPA oversight costs. The work to be performed by the settling 
defendants at OU3 is expected cost about $1.12 million.
    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, 
Environmental 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 20044-7611, and should refer to 
United States v. Findett Real Estate Corp., et al., Civil Action No. 
07-1215 (E.D. Missouri), D.J. Ref. 90-11-2-417/2.
    The Decree may be examined at the Office of the United States 
Attorney, Eastern District of Missouri, 111 S. 10th Street, 20th Floor, 
St. Louis, Missouri 63102, and at U.S. EPA Region VII, 901 N. 5th 
Street, Kansas City, Kansas 66101. During the public comment period, 
the Decree, may also be examined on the following Department of Justice 
Web site, https://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 $50.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by email or 
fax, forward a check in that amount to the Consent Decree Library at 
the stated address. In requesting a copy exclusive of exhibits and 
defendants' signatures, please enclose a check in the amount of $12.00 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Robert E. Maher, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-3367 Filed 7-10-07; 8:45 am]
BILLING CODE 4410-15-M

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