[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Page 24777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09909]



[[Page 24777]]

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DEPARTMENT OF JUSTICE


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

    On April 22, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Wisconsin in the lawsuit entitled United States, et al. v. 
Wisconsin Power and Light, et al., Case. No. 13-cv-266 (W.D. Wis.). The 
Sierra Club is a co-plaintiff in the case.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that Wisconsin Power and Light, 
Inc. (``WPL''), Wisconsin Public Service Corporation (``WPSC''), 
Madison Gas and Electric (``MGE''), and Wisconsin Electric Power 
Company (``We Energies'') (collectively ``Defendants''), failed to 
comply with certain requirements of the Act intended to protect air 
quality at three Wisconsin power plants: The Columbia Generating 
Station located near Portage in Columbia County, Wisconsin; the 
Edgewater Generating Station located near Sheboygan in Sheboygan 
County, Wisconsin; and the Nelson Dewey Generating Station located near 
Cassville in Grant County. WPL is the operator and co-owner of the 
power plants; the remaining defendants are current or former co-owners. 
The Complaint seeks injunctive relief and civil penalties for 
violations of the Act's Prevention of Significant Deterioration 
(``PSD'') provisions, 42 U.S.C. 7470-92, and the Act's Title V permit 
provisions (``Title V''), 42 U.S.C. 7661a-76661f, and related state and 
federal implementing regulations at the three coal-fired power plants. 
Specifically, the Complaint alleges that the Defendants modified 
various units at the Columbia, Edgewater, and Nelson Dewey plants under 
the PSD program, and that the Defendants thereafter operated the 
plants, as modified, without complying with Best Available Control 
Technology (``BACT'') requirements for sulfur dioxide 
(``SO2''), nitrogen oxides (``NOX''), and/or 
particular matter (``PM'').
    The Complaint further alleges that WPL failed to submit a complete 
application for Title V operating permits for the Columbia, Edgewater, 
and Nelson Dewey Generating Stations and identify all applicable 
requirements, accurately certify compliance with such requirements, and 
include a compliance plan for all applicable requirements for which 
each source was not in compliance (including the requirement to meet 
BACT pursuant to a determination under the PSD program). Similarly, the 
Complaint alleges that WPL failed to obtain proper or adequate Title V 
operating permits for the three plants that contained emission 
limitations for SO2, NOX, and/or PM that met 
BACT. Finally, the Complaint alleges that WPL thereafter operated the 
three power plants without meeting such emission limitations and 
without having a valid operating permit that required compliance with 
such limitations or that contained a compliance plan for all applicable 
requirements for which the source was not in compliance.
    The proposed Consent Decree would resolve violations for certain 
provisions of the Act through December 31, 2018, and would require the 
Defendants to reduce harmful SO2, NOX, and PM 
emissions, at the three power plants. The emission 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 the power 
plants. The Defendants will also spend $8.5 million to fund 
environmental mitigation projects that will further reduce emissions 
and benefit communities adversely affected by the pollution from the 
three plants, and pay a civil penalty of $2.45 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, et al. v. Wisconsin Power and Light, 
et al., Case No. 13-cv-266 (W.D. Wis.), D.J. Ref. No. 90-5-2-1-09878. 
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. The Justice Department 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 $34.75 (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. 2013-09909 Filed 4-25-13; 8:45 am]
BILLING CODE 4410-15-P