[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]


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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:

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        To submit comments:                     Send them to:
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By email..........................  [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 $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]
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