Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and Oil Pollution Act, 26705 [2019-11981]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
DEPARTMENT OF JUSTICE
jbell on DSK3GLQ082PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act and Oil Pollution Act
On June 3, 2019, 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, State of Washington
through the Washington Department of
Ecology, Suquamish Tribe, and Tulalip
Tribes v. Port of Everett, Civil Action
No. 2:19–cv–00843.
The proposed Consent Decree
resolves claims alleged by the U.S.
Department of the Interior, the National
Oceanic and Atmospheric
Administration, the State of
Washington, the Suquamish Tribe, and
the Tulalip Tribes (‘‘the Port Gardner
Bay Trustees’’) against the Defendant
Port of Everett (‘‘the Port’’) for natural
resource damages caused by discharges
of hazardous substances and oil to the
Port Gardner Bay Area in Everett,
Washington. The settlement requires the
Port to construct and maintain the Blue
Heron Slough Restoration Project,
which will restore 338 acres of intertidal
estuarine and upland habitats in the
lower Snohomish River estuary, and to
resolve its liability by retiring
conservation bank credits equivalent to
approximately 35 acres of the Project.
The Port will also pay a proportionate
share of assessment costs incurred by
the Port Gardner Bay Trustees, totaling
$703,496. The United States, on behalf
of the U.S. Navy, will make a payment
of $789,840 to be used towards
construction of the Project, and pay
assessment costs totaling $135,931. In
exchange for the payment from the Navy
and prior settlement payments from
other parties, the Port will retire
additional conservation bank credits
equivalent to approximately 36
additional acres of the Project. The Port
and the Navy will receive covenants not
to sue under federal statutory law and
state statutory or common law, for
natural resource damages caused by
discharges of hazardous substances and
oil from their facilities (identified in
Appendix B to the Decree) to the Port
Gardner Bay Area.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States, State of Washington
through the Washington Department of
Ecology, Suquamish Tribe, and Tulalip
Tribes v. Port of Everett, D.J. Ref. No.
VerDate Sep<11>2014
18:13 Jun 06, 2019
Jkt 247001
90–11–3–10859/1. 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.
By mail .........
During the public comment period,
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
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 $47.00 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without appendices, the cost is $19.00.
Susan Akers,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2019–11981 Filed 6–6–19; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Fifth
Joint Modification to Consent Decree
Under the Clean Air Act
On May 29, 2019, the Department of
Justice lodged a proposed Fifth Joint
Modification To Consent Decree with
the United States District Court for the
Southern District of Ohio in the lawsuit
entitled United States, et al. v.
American Electric Power Service Corp.,
et al., Civil Action Nos. 99–1182 (EAS)
and 99–1250 (EAS).
Under the original Consent Decree,
entered by the Court on December 10,
2007, American Electric Power Service
Corp., et al. (AEP) agreed to
substantially reduce sulfur dioxide
(SO2) and nitrogen oxides (NOX)
emissions from the AEP Eastern System
that was then comprised of sixteen coalfired power plants. As part of the
original Consent Decree, AEP was
required to install flue gas
desulfurization (FGD) technology to
reduce SO2 on two electric generating
units located at AEP’s Rockport, Indiana
PO 00000
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Fmt 4703
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26705
power plant. The original Consent
Decree required AEP to install FGD
technology on Rockport Unit 1 by
December 31, 2017 and on Rockport
Unit 2 by December 31, 2019. The
Consent Decree’s requirements for
Rockport Unit 1 and Rockport Unit 2
were later modified by the Third Joint
Modification to the Consent Decree that
was entered by the Court on May 14,
2013. Under the Third Joint
Modification to the Consent Decree,
AEP was required to retrofit, refuel, or
re-power one Rockport Unit by
December 31, 2025 and the second
Rockport Unit by December 31, 2028.
Under the proposed Fifth Joint
Modification to Consent Decree, the
deadline for AEP to retrofit, refuel, or repower Rockport Unit 1 is extended until
December 31, 2028 and the requirement
to retrofit, refuel, or re-power Rockport
Unit 2 is removed. In exchange, AEP
agrees to do the following: (1) Install
enhanced dry sorbent injection
technology to reduce SO2 emissions on
Rockport Unit 1 by December 31, 2020
and Rockport Unit 2 by June 1, 2020; (2)
comply with a 30-day rolling average
emission rate of 0.15 pounds of SO2 per
million British thermal units of heat
input at the Rockport Units for years
2021 and beyond; (3) reduce the AEP
Eastern System-wide annual tonnage
limitations for SO2 for years 2021 and
beyond; (4) reduce the Rockport Plantwide annual tonnage limitations for SO2
for years 2021 and beyond; (5) install
selective catalytic reduction NOX
control technology on Rockport Unit 2
by June 1, 2020; (6) comply with a 30day rolling average emission rate of 0.09
pounds of NOX per million British
thermal units of heat input at the
Rockport Units for years 2021 and
beyond; (7) reduce the AEP Eastern
System-wide annual tonnage limitations
for NOX for years 2018 and beyond; (8)
provide the State Co-Plaintiffs with an
additional $4 million in mitigation
funding; (9) provide the Citizen CoPlaintiffs with an additional $3.5
million in mitigation funding; and (10)
retire Rockport Unit 1 by December 31,
2028.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the Fifth Joint
Modification to Consent Decree.
Comments should be addressed to the
Assistant Attorney General for the
Environmental and Natural Resources
Division, and should refer to United
States, et al. v. American Electric Power
Services Corp., D. J. Ref. No. 90–5–2–1–
06893. All comments must be submitted
no later than thirty days after the
publication date of this notice.
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Page 26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11981]
[[Page 26705]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act and Oil Pollution Act
On June 3, 2019, 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, State of
Washington through the Washington Department of Ecology, Suquamish
Tribe, and Tulalip Tribes v. Port of Everett, Civil Action No. 2:19-cv-
00843.
The proposed Consent Decree resolves claims alleged by the U.S.
Department of the Interior, the National Oceanic and Atmospheric
Administration, the State of Washington, the Suquamish Tribe, and the
Tulalip Tribes (``the Port Gardner Bay Trustees'') against the
Defendant Port of Everett (``the Port'') for natural resource damages
caused by discharges of hazardous substances and oil to the Port
Gardner Bay Area in Everett, Washington. The settlement requires the
Port to construct and maintain the Blue Heron Slough Restoration
Project, which will restore 338 acres of intertidal estuarine and
upland habitats in the lower Snohomish River estuary, and to resolve
its liability by retiring conservation bank credits equivalent to
approximately 35 acres of the Project. The Port will also pay a
proportionate share of assessment costs incurred by the Port Gardner
Bay Trustees, totaling $703,496. The United States, on behalf of the
U.S. Navy, will make a payment of $789,840 to be used towards
construction of the Project, and pay assessment costs totaling
$135,931. In exchange for the payment from the Navy and prior
settlement payments from other parties, the Port will retire additional
conservation bank credits equivalent to approximately 36 additional
acres of the Project. The Port and the Navy will receive covenants not
to sue under federal statutory law and state statutory or common law,
for natural resource damages caused by discharges of hazardous
substances and oil from their facilities (identified in Appendix B to
the Decree) to the Port Gardner Bay Area.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States, State of Washington through the
Washington Department of Ecology, Suquamish Tribe, and Tulalip Tribes
v. Port of Everett, D.J. Ref. No. 90-11-3-10859/1. 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, D.C. 20044-7611.
------------------------------------------------------------------------
During the public comment period, 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 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 $47.00 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without appendices, the cost is $19.00.
Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-11981 Filed 6-6-19; 8:45 am]
BILLING CODE 4410-15-P
