[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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