[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Page 1883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00232]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On January 4, 2013, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Eastern 
District of Wisconsin in the lawsuit entitled United States v. 
Wisconsin Public Service Corporation, Civ. No. 13-C-10 (E.D. Wis.).
    In this civil enforcement action under the federal Clean Air Act, 
the United States alleges that Wisconsin Public Service Corporation 
(``WPS'') failed to comply with certain requirements of the Act 
intended to protect air quality. The complaint seeks injunctive relief 
and civil penalties for violations of the Prevention of Significant 
Deterioration (``PSD'') and Title V provisions of the Clean Air Act, 42 
U.S.C. 7470-92 and 42 U.S.C. 7661a-76661f, and related state and 
federal implementing regulations. The complaint alleges that WPS failed 
to obtain appropriate permits and failed to install and operate 
required pollution control devices to reduce emissions of various air 
pollutants at the Weston Generation Station, a coal-fired power plant 
in Marathon County, Wisconsin.
    The proposed consent decree would resolve past Clean Air Act 
violations and would require WPS to reduce harmful emissions of sulfur 
dioxide (``SO2''), nitrogen oxides (``NOX''), and 
particular matter (``PM'') emissions, at the Weston Generation Station, 
as well as the Pulliam Generation Station, a coal-fired power plant 
located in Brown County, Wisconsin. The 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 both the Weston and 
Pulliam plants. WPS will also spend $6 million to fund environmental 
mitigation projects that will further reduce emissions and benefit 
communities adversely affected by pollution from its plants, and pay a 
civil penalty of $1.2 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 v. Wisconsin Public Service 
Corporation, Civ. No. 13-C-10 (E.D. Wis.), D.J. Ref. No. 90-5-2-1-1230/
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:

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        To submit comments:                     Send them to:
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By e-mail.........................  [email protected].
By mail...........................  Assistant Attorney General
                                    U.S. DOJ--ENRD
                                    P.O. Box 7611
                                    Washington, DC 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We 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 $19.00 (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. 2013-00232 Filed 1-8-13; 8:45 am]
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