[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15739-15740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05601]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Third Modification to Consent
Decree Under the Clean Air Act
On February 22, 2013, the Department of Justice lodged a proposed
third modification to a 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 a 2007 consent decree, American Electric Power Service Corp.,
et al. (``AEP'') agreed to substantially reduce sulfur dioxide
(SO2) and nitrogen oxides (NOX) from the AEP
Eastern System which was then comprised of sixteen coal-fired power
plants. The original consent decree requires AEP to install flue gas
desulfurization (FGD) technology on Rockport Unit 1 by December 31,
2017 and on Rockport Unit 2 by December 31, 2019.
[[Page 15740]]
Under the third modification that was lodged on February 22, 2013,
in exchange for providing AEP an extension of time for the installation
of FGD technology on Units 1 and 2 at the Rockport Plant, AEP agrees to
the following: (1) To install interim emission controls that will begin
to reduce SO2 emissions from the Rockport Plant earlier than
required under the original Consent Decree; (2) to accept a declining
annual tonnage limitation for SO2 for the Rockport Plant;
(3) to substantial reductions in the System-Wide SO2
emission cap provided for in the original consent decree; (4) to
shutdown, repower or control three units (Big Sandy Unit 2, Muskingum
River 5 and Tanners Creek Unit 4); (5) to the installation of 200 MW of
renewable energy; (6) to provide the State Co-Plaintiffs with $6
million in additional mitigation funding; and (7) to provide the
Citizen Plaintiffs with $2.5 million in mitigation funding for Indiana
specific projects.
The publication of this notice opens a period of public comment on
the third modification. Comments should be addressed to the Assistant
Attorney General, Environment 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 (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 third modification may be
examined and downloaded at this Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the third modification 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 in the amount of $7.50 (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. 2013-05601 Filed 3-11-13; 8:45 am]
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