Notice of Lodging of Consent Decree in United States v. East Kentucky Power Cooperative, Inc. Under the Clean Air Act, 37797-37798 [07-3368]

Download as PDF Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Notices CONNECTICUT Putnam County Hartford County Hoge, James W., House, Hoge Ln., Winfield, 07000783 Glastonbury Knitting Company, 64 Addison Rd., Glastonbury, 07000770 WISCONSIN IOWA Kenosha County Marion County Kenosha North Pierhead Light, (Light Stations of the United States MPS), North pier at Kenosha harbor entry, 0.1 mi. E of Simmons Island Park, Kenosha, 07000787 A request for a MOVE has been made for the following resource: Pedrick Store House part of the Knoxville WPA Athletic Field Historic District, Bounded by Linocln St., Robinson St., Stadium St. and Marion St., Knoxville, 07000775 NEW YORK Dutchess County MASSACHUSETTS Martin, Hendrick, House, 65 Willowbrook Ln., Red Hook, 07000776 Essex County Richmond County Temple Emanu-El, 984 Post Ave., Staten Island, 07000778 Westchester County Marblehead Historic District, Roughly bounded by Marblehead Harbor, Waldron Court, Essex, Elm, Pond, and Norman Sts., Marblehead, 84002402 [FR Doc. E7–13388 Filed 7–10–07; 8:45 am] BILLING CODE 4312–51–P Plashbourne Estate, 51 Carlton Rd., Yonkers, 07000777 DEPARTMENT OF JUSTICE OREGON Benton County Whiteside, Charles and Ibby, House, 344 SW 7th St., Corvallis, 07000774 Multnomah County Yeon, John, Speculative House, 3922 N. Lombard St., Portland, 07000771 WEST VIRGINIA Boone County Madison National Bank, 375 Main St., Madison, 07000779 Cabell County Hawthorne Historic District, Roughly Hawthorne Way and portions of South, Whitaker Blvd., Huntington, 07000786 Kenwood, 619 Ridgewood Rd., Huntington, 07000784 Fayette County Boyd Avenue Historic District, Boyd Ave., E and W sides, N of Queen St., Martinsburg, 07000781 Mount Hope Historic District, Portions of Maine, Tennessee, Montana, Virginia Sts., Fayette, Mountain Aves, Stadium Dr., N. Pax Ave., N. Maryland, Mount Hope, 07000785 jlentini on PROD1PC65 with NOTICES Jefferson County Duffields Depot, 45 Melvin Rd., Shenandoah Junction, 07000780 Kanawha County McClung’s Price Place, 699 Savannah Ln., Lewisburg, 07000782 VerDate Aug<31>2005 19:21 Jul 10, 2007 Jkt 211001 Notice of Lodging of Settlement Agreement in In re Collins & Aikman Corporation, et al. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) Notice is hereby given that on July 5, 2007, a proposed Settlement Agreement was lodged with the United States Bankruptcy Court for the Eastern District of Michigan in In re Collins & Aikman Corporation, et al., Case No. 05–55927. The Settlement Agreement between the United States on behalf of U.S. EPA, Debtor Collins & Aikman Corporation and its Debtor subsidiaries, and Marmon Wire & Cable LLC, relates to certain liabilities under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. and Section 7003 of the Resource Conservation and Recovery Act (‘‘RCRA’’), at 42 U.S.C. 6973, in connection with the Mosaic Tile Plant Dump Site in Zanesville, Ohio. The Department of Justice will receive comments relating to the Settlement Agreement for a period of thirty (30) days from the date of this publication. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 37797 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 In re Collins & Aikman Corporation, et al., DJ Ref. No. 90–11–2–08595. The Settlement Agreement may be examined at the Office of the United States Attorney for the Eastern District of Michigan, 211 W. Fort Street, Suite 2001, Detroit, MI 48226, by request to Assistant U.S. Attorney Julia Pidgeon, and at the U.S. EPA Region V, 77 West Jackson Blvd., Chicago, IL 60604. During the public comment period, the Settlement Agreement may also be examined on the following Department of Justice Web site, https:// www.usdoj.gov/enrd/open.html. A copy of the Settlement Agreement 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 $6.25 (25 cents per page reproduction cost) payable to the U.S. Treasury. William D. Brighton, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 07–3370 Filed 7–10–07; 8:45 am] BILLING CODE 4410–15–M DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree in United States v. East Kentucky Power Cooperative, Inc. Under the Clean Air Act Under 28 CFR 50.7, notice is hereby given that on July 2, 2007, a proposed consent decree (‘‘Consent Decree’’) between East Kentucky Power Cooperative, Inc. (‘‘EKPC’’) and the United States, Civil Action No. 04–34– KSF, was lodged with the United States District Court for the Eastern District of Kentucky. The Consent Decree would resolve claims asserted by the United States against EKPC 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 EKPC’s violations of: (a) The Prevention of Significant Deterioration (‘‘PSD’’) provisions in Part C of Subchapter I of the Act, 42 U.S.C. 7470–92; E:\FR\FM\11JYN1.SGM 11JYN1 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]
[Pages 37797-37798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3368]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree in United States v. East 
Kentucky Power Cooperative, Inc. Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on July 2, 2007, a 
proposed consent decree (``Consent Decree'') between East Kentucky 
Power Cooperative, Inc. (``EKPC'') and the United States, Civil Action 
No. 04-34-KSF, was lodged with the United States District Court for the 
Eastern District of Kentucky.
    The Consent Decree would resolve claims asserted by the United 
States against EKPC 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 EKPC's violations of:
    (a) The Prevention of Significant Deterioration (``PSD'') 
provisions in Part C of Subchapter I of the Act, 42 U.S.C. 7470-92;

[[Page 37798]]

    (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-of-the-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.
    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

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