Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 24777 [2013-09909]

Download as PDF Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices DEPARTMENT OF JUSTICE erowe on DSK2VPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On April 22, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Wisconsin in the lawsuit entitled United States, et al. v. Wisconsin Power and Light, et al., Case. No. 13–cv–266 (W.D. Wis.). The Sierra Club is a coplaintiff in the case. In this civil enforcement action under the federal Clean Air Act (‘‘Act’’), the United States alleges that Wisconsin Power and Light, Inc. (‘‘WPL’’), Wisconsin Public Service Corporation (‘‘WPSC’’), Madison Gas and Electric (‘‘MGE’’), and Wisconsin Electric Power Company (‘‘We Energies’’) (collectively ‘‘Defendants’’), failed to comply with certain requirements of the Act intended to protect air quality at three Wisconsin power plants: The Columbia Generating Station located near Portage in Columbia County, Wisconsin; the Edgewater Generating Station located near Sheboygan in Sheboygan County, Wisconsin; and the Nelson Dewey Generating Station located near Cassville in Grant County. WPL is the operator and co-owner of the power plants; the remaining defendants are current or former co-owners. The Complaint seeks injunctive relief and civil penalties for violations of the Act’s Prevention of Significant Deterioration (‘‘PSD’’) provisions, 42 U.S.C. 7470–92, and the Act’s Title V permit provisions (‘‘Title V’’), 42 U.S.C. 7661a–76661f, and related state and federal implementing regulations at the three coal-fired power plants. Specifically, the Complaint alleges that the Defendants modified various units at the Columbia, Edgewater, and Nelson Dewey plants under the PSD program, and that the Defendants thereafter operated the plants, as modified, without complying with Best Available Control Technology (‘‘BACT’’) requirements for sulfur dioxide (‘‘SO2’’), nitrogen oxides (‘‘NOX’’), and/or particular matter (‘‘PM’’). The Complaint further alleges that WPL failed to submit a complete application for Title V operating permits for the Columbia, Edgewater, and Nelson Dewey Generating Stations and identify all applicable requirements, accurately certify compliance with such requirements, and include a compliance plan for all applicable requirements for which each source was not in compliance (including the requirement to meet BACT pursuant to a VerDate Mar<15>2010 14:46 Apr 25, 2013 Jkt 229001 determination under the PSD program). Similarly, the Complaint alleges that WPL failed to obtain proper or adequate Title V operating permits for the three plants that contained emission limitations for SO2, NOX, and/or PM that met BACT. Finally, the Complaint alleges that WPL thereafter operated the three power plants without meeting such emission limitations and without having a valid operating permit that required compliance with such limitations or that contained a compliance plan for all applicable requirements for which the source was not in compliance. The proposed Consent Decree would resolve violations for certain provisions of the Act through December 31, 2018, and would require the Defendants to reduce harmful SO2, NOX, and PM emissions, at the three power plants. The emission reductions would be achieved through emission control requirements and limitations specified by the proposed consent decree, including installation and operation of pollution controls; retirement, refueling, or repowering of certain generating units; and annual emission caps at the power plants. The Defendants will also spend $8.5 million to fund environmental mitigation projects that will further reduce emissions and benefit communities adversely affected by the pollution from the three plants, and pay a civil penalty of $2.45 million. The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et al. v. Wisconsin Power and Light, et al., Case No. 13–cv– 266 (W.D. Wis.), D.J. Ref. No. 90–5–2– 1–09878. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail .. pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ...... During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. The Justice Department will provide a paper copy of the proposed Consent Decree upon PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 24777 written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $34.75 (25 cents per page reproduction cost) payable to the United States Treasury. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–09909 Filed 4–25–13; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On April 16, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Washington in the lawsuit entitled United States and the State of Washington v. King County, Washington, Civil Action No. 2:13–cv– 00677. In this action the United States sought civil penalties and injunctive relief for violations of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1251 et seq., in connection with King County, Washington (‘‘County’’) operation of its wastewater treatment and collection system in King County and surrounding areas. The proposed consent decree requires the County to construct and implement a series of storage tanks or pipes and treatment facilities, as set forth in its approved Long Term Control Plan, by no later than December 31, 2030, and a system-wide operation program plan to maximize the treatment and storage of wet weather flow. The County will also pay a total of $400,000.00 in civil penalties: $200,000 to the United States and $200,000 to the State of Washington. The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. King County, Washington, D.J. Ref. No. 90–5–1–1– 10030. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Page 24777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09909]



[[Page 24777]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On April 22, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Wisconsin in the lawsuit entitled United States, et al. v. 
Wisconsin Power and Light, et al., Case. No. 13-cv-266 (W.D. Wis.). The 
Sierra Club is a co-plaintiff in the case.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that Wisconsin Power and Light, 
Inc. (``WPL''), Wisconsin Public Service Corporation (``WPSC''), 
Madison Gas and Electric (``MGE''), and Wisconsin Electric Power 
Company (``We Energies'') (collectively ``Defendants''), failed to 
comply with certain requirements of the Act intended to protect air 
quality at three Wisconsin power plants: The Columbia Generating 
Station located near Portage in Columbia County, Wisconsin; the 
Edgewater Generating Station located near Sheboygan in Sheboygan 
County, Wisconsin; and the Nelson Dewey Generating Station located near 
Cassville in Grant County. WPL is the operator and co-owner of the 
power plants; the remaining defendants are current or former co-owners. 
The Complaint seeks injunctive relief and civil penalties for 
violations of the Act's Prevention of Significant Deterioration 
(``PSD'') provisions, 42 U.S.C. 7470-92, and the Act's Title V permit 
provisions (``Title V''), 42 U.S.C. 7661a-76661f, and related state and 
federal implementing regulations at the three coal-fired power plants. 
Specifically, the Complaint alleges that the Defendants modified 
various units at the Columbia, Edgewater, and Nelson Dewey plants under 
the PSD program, and that the Defendants thereafter operated the 
plants, as modified, without complying with Best Available Control 
Technology (``BACT'') requirements for sulfur dioxide 
(``SO2''), nitrogen oxides (``NOX''), and/or 
particular matter (``PM'').
    The Complaint further alleges that WPL failed to submit a complete 
application for Title V operating permits for the Columbia, Edgewater, 
and Nelson Dewey Generating Stations and identify all applicable 
requirements, accurately certify compliance with such requirements, and 
include a compliance plan for all applicable requirements for which 
each source was not in compliance (including the requirement to meet 
BACT pursuant to a determination under the PSD program). Similarly, the 
Complaint alleges that WPL failed to obtain proper or adequate Title V 
operating permits for the three plants that contained emission 
limitations for SO2, NOX, and/or PM that met 
BACT. Finally, the Complaint alleges that WPL thereafter operated the 
three power plants without meeting such emission limitations and 
without having a valid operating permit that required compliance with 
such limitations or that contained a compliance plan for all applicable 
requirements for which the source was not in compliance.
    The proposed Consent Decree would resolve violations for certain 
provisions of the Act through December 31, 2018, and would require the 
Defendants to reduce harmful SO2, NOX, and PM 
emissions, at the three power plants. The emission reductions would be 
achieved through emission control requirements and limitations 
specified by the proposed consent decree, including installation and 
operation of pollution controls; retirement, refueling, or repowering 
of certain generating units; and annual emission caps at the power 
plants. The Defendants will also spend $8.5 million to fund 
environmental mitigation projects that will further reduce emissions 
and benefit communities adversely affected by the pollution from the 
three plants, and pay a civil penalty of $2.45 million.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States, et al. v. Wisconsin Power and Light, 
et al., Case No. 13-cv-266 (W.D. Wis.), D.J. Ref. No. 90-5-2-1-09878. 
All comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

------------------------------------------------------------------------
        To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail..........................  pubcomment-ees.enrd@usdoj.gov.
By mail............................  Assistant Attorney General, U.S.
                                      DOJ-ENRD, P.O. Box 7611,
                                      Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. The Justice Department will 
provide a paper copy of the proposed Consent Decree upon written 
request and payment of reproduction costs. Please mail your request and 
payment to: Consent Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, 
Washington, DC 20044-7611.
    Please enclose a check or money order for $34.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-09909 Filed 4-25-13; 8:45 am]
BILLING CODE 4410-15-P
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