[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Page 39737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16353]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree With Dairyland Power 
Cooperative Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on June 28, 
2012, a proposed Consent Decree in United States of America v. 
Dairyland Power Cooperative (``Dairyland''), Civil Action No. 12-cv-
462, was lodged with the United States District Court for the Western 
District of Wisconsin.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that Dairyland--an electric 
utility--failed to comply with certain requirements of the Act intended 
to protect air quality. The complaint alleges that Dairyland violated 
the Prevention of Significant Deterioration (``PSD'') and Title V 
provisions of the Act, 42 U.S.C. 7401-7671 et seq., and related state 
and federal implementing regulations, at the Alma/J.P. Madgett 
Generating Station, a coal-fired power plant in Buffalo County, 
Wisconsin, and the Genoa Generating Station, a coal-fired power plant 
in Vernon County, Wisconsin. The alleged violations arise from the 
construction of modifications at the power plants and operation of the 
plants in violation of PSD and Title V requirements. The complaint 
alleges that Dairyland failed to obtain appropriate permits and failed 
to install and apply required pollution control devices to reduce 
emissions of various air pollutants. The complaint seeks both 
injunctive relief and civil penalties.
    The proposed Decree lodged with the Court requires installation and 
operation of certain pollution control devices at the Alma/J.P. Madgett 
and Genoa plants, and the permanent cessation of operations of certain 
units at the Alma/J.P. Madgett plant. The settlement will reduce 
emissions of sulfur dioxide (``SO2''), nitrogen oxides 
(``NOX''), and particular matter (``PM'') through emission 
control requirements and limitations specified by the proposed Decree. 
Dairyland will also fund environmental projects at a cost of at least 
$5 million to mitigate the alleged adverse effects of its past 
violations, and will pay a civil penalty of $950,000.
    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, 
Environment and Natural Resources Division, and either emailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Dairyland Power Cooperative, D.J. Ref. 90-5-2-1-10163.
    During the public comment period, the Consent Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_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 emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. If requesting a copy from the Consent Decree 
Library by mail, please enclose a check in the amount of $24.25 (25 
cents per page reproduction cost) payable to the U.S. Treasury or, if 
requesting by email or fax, forward a check in that amount to the 
Consent Decree Library at the address given above.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-16353 Filed 7-3-12; 8:45 am]
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