[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Notices]
[Pages 20947-20948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08077]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On April 1, 2013, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Central
District of Illinois in the lawsuit entitled United States v. Dominion
Energy Inc., Dominion Energy Brayton Point LLC, and Kincaid Generation
LLC, Civ. No. 13-cv-3086 (C.D. Ill.).
In this civil enforcement action under the federal Clean Air Act,
the United States alleges that Defendants failed to comply with certain
requirements of the Act intended to protect air quality. The complaint
seeks injunctive relief and
[[Page 20948]]
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 Defendants
failed to obtain appropriate permits and failed to install and operate
required pollution control devices to reduce emissions of various air
pollutants at the Kincaid Power Station, a coal-fired power plant in
Kincaid, Illinois.
The proposed consent decree would resolve past Clean Air Act
violations and would require Defendants to reduce harmful emissions of
sulfur dioxide (``SO2''), nitrogen oxides
(``NOX''), and particular matter (``PM'') at the Kincaid
Power Station, as well as the Brayton Point Power Station, a coal-fired
power plant located in Somerset, Massachusetts. The reductions would be
achieved through emission control requirements and limitations
specified by the proposed consent decree, including installation and
operation of pollution controls and annual emission caps. In addition,
the proposed consent makes permanent the retirement of the State Line
Power Station, a recently shut down coal-fired power plant in Hammond,
Indiana. Defendants will also spend $9.75 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 $3.4 million. Defendants recently announced their
intention to sell the Kincaid and Brayton Point Power Stations to a
subsidiary of Energy Capital Partners, a subsidiary of which, Equipower
Resources, also owns and operates several power plants in the
Northeast. The proposed consent decree provides a process for any such
new owner to be substituted as a party to the consent decree.
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. Dominion Energy Inc., Dominion
Energy Brayton Point LLC, and Kincaid Generation LLC, Civ. No. 13-cv-
3086 (C.D. Ill.), D.J. Ref. No. 90-5-2-1-09860. 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, DC 20044-7611.
------------------------------------------------------------------------
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 $24.00 (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. 2013-08077 Filed 4-5-13; 8:45 am]
BILLING CODE 4410-15-P