Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 24777 [2013-09909]
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices
DEPARTMENT OF JUSTICE
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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