Notice of Lodging of Proposed Modification to Consent Decree Under The Clean Air Act, 11248 [2018-05184]

Download as PDF 11248 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices covenants not to sue to the Defendants, as well as to numerous other potentially responsible parties (‘‘Other Settling Parties’’) who have previously entered into settlement agreements with one or more of the Defendants and, in most instances, received indemnifications from them, provided that such Other Settling Parties (listed in Appendix E of the consent decree) submit signature pages agreeing to be bound by the consent decree and, if they own property likely affected by the remedial action, cooperate in the implementation of the consent decree. 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 United States v. Bridgestone Americas Tire Operations et al., Case No. 3:18–cv–00054 (S.D. Ohio), D.J. Ref. No. 90–11–3–11076. 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 email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611. daltland on DSKBBV9HB2PROD with NOTICES By mail ......... During the public comment period, the proposed consent decree may be examined and downloaded at this Justice Department website: https:// www.usdoj.gov/enrd/consentdecrees.html. We will also 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 $84.50 (338 pages at 25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the Appendices and signature pages, the cost is $20.75. Randall M. Stone, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–05140 Filed 3–13–18; 8:45 am] BILLING CODE 4410–15–P VerDate Sep<11>2014 18:17 Mar 13, 2018 Jkt 244001 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Modification to Consent Decree Under The Clean Air Act On March 6, 2018, the Department of Justice lodged with the United States District Court for the District of Kansas a proposed modification to the consent decree entered by the Court on March 26, 2010 in the lawsuit entitled United States of America, et al. v. Westar Energy, Inc., Civil Action No. 2:09–cv– 02059–JAR. The consent decree resolved claims asserted by the United States against Westar Energy, Inc. (‘‘Westar’’) under various provisions of the Clean Air Act (‘‘Act’’). Those claims related to Westar’s operation of the Jeffrey Energy Center (‘‘JEC’’), a coal-fired power plant in St. Marys, Kansas with three electric generating units, numbered 1 through 3. The United States alleged in primary part that Westar made major modifications to JEC without obtaining a permit under the Prevention of Significant Deterioration program. The Consent Decree requires Westar, among other things, to install and operate Selective Catalytic Reduction (‘‘SCR’’) on one of the JEC units and, at Westar’s election, either install a second SCR or meet a plant-wide 30-day rolling average emission rate of 0.100 lb/ mmBTU NOX. Westar installed the SCR on JEC Unit 1 and elected to meet a plant-wide 30-day rolling average emission rate of 0.100 lb/mmBTU NOX. To meet this limit, Westar must operate JEC Unit 1 (the unit with the SCR) at all times when it is available, even when it would not otherwise be dispatched by the Regional Transmission Organization. This results in unnecessary emissions of NOX, sulfur dioxide, particulate matter and other pollutants from JEC. The proposed modification to the Consent Decree would require Westar to meet a 30-Day Rolling Average Unit Emission Rate for NOX of 0.150 lb/ mmBTU, on an individual unit basis, when JEC Unit 1 is not operating. Overall emissions from JEC, including emissions of NOX, are expected to decrease as a result of the change because JEC Unit 1 would no longer be forced to operate to meet the Consent Decree NOX Plant-Wide Operating Day emission limitation. To help ensure that NOX emissions do not increase, the modification would also require Westar to comply with a new NOX 12-Month Rolling Tonnage Limitation for JEC Units 2 and 3. The publication of this notice opens a period for public comment on the PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 modification to the 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. Westar Energy, Inc., D.J. Ref. No. 90–5–2–1–08242. 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 email ....... 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 modification to the consent decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the modification to the 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 $4.25 (25 cents per page reproduction cost) payable to the United States Treasury. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018–05184 Filed 3–13–18; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; DavisBacon Certified Payroll Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ‘‘DavisBacon Certified Payroll,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. SUMMARY: E:\FR\FM\14MRN1.SGM 14MRN1

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[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Page 11248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05184]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modification to Consent Decree 
Under The Clean Air Act

    On March 6, 2018, the Department of Justice lodged with the United 
States District Court for the District of Kansas a proposed 
modification to the consent decree entered by the Court on March 26, 
2010 in the lawsuit entitled United States of America, et al. v. Westar 
Energy, Inc., Civil Action No. 2:09-cv-02059-JAR.
    The consent decree resolved claims asserted by the United States 
against Westar Energy, Inc. (``Westar'') under various provisions of 
the Clean Air Act (``Act''). Those claims related to Westar's operation 
of the Jeffrey Energy Center (``JEC''), a coal-fired power plant in St. 
Marys, Kansas with three electric generating units, numbered 1 through 
3. The United States alleged in primary part that Westar made major 
modifications to JEC without obtaining a permit under the Prevention of 
Significant Deterioration program.
    The Consent Decree requires Westar, among other things, to install 
and operate Selective Catalytic Reduction (``SCR'') on one of the JEC 
units and, at Westar's election, either install a second SCR or meet a 
plant-wide 30-day rolling average emission rate of 0.100 lb/mmBTU 
NOX. Westar installed the SCR on JEC Unit 1 and elected to 
meet a plant-wide 30-day rolling average emission rate of 0.100 lb/
mmBTU NOX. To meet this limit, Westar must operate JEC Unit 
1 (the unit with the SCR) at all times when it is available, even when 
it would not otherwise be dispatched by the Regional Transmission 
Organization. This results in unnecessary emissions of NOX, 
sulfur dioxide, particulate matter and other pollutants from JEC.
    The proposed modification to the Consent Decree would require 
Westar to meet a 30-Day Rolling Average Unit Emission Rate for 
NOX of 0.150 lb/mmBTU, on an individual unit basis, when JEC 
Unit 1 is not operating. Overall emissions from JEC, including 
emissions of NOX, are expected to decrease as a result of 
the change because JEC Unit 1 would no longer be forced to operate to 
meet the Consent Decree NOX Plant-Wide Operating Day 
emission limitation. To help ensure that NOX emissions do 
not increase, the modification would also require Westar to comply with 
a new NOX 12-Month Rolling Tonnage Limitation for JEC Units 
2 and 3.
    The publication of this notice opens a period for public comment on 
the modification to the 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. Westar Energy, 
Inc., D.J. Ref. No. 90-5-2-1-08242. 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 email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the modification to the consent 
decree may be examined and downloaded at this Justice Department 
website: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the modification to the 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 $4.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-05184 Filed 3-13-18; 8:45 am]
 BILLING CODE 4410-15-P


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