[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]
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