[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37302-37303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15952]


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DEPARTMENT OF JUSTICE


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

    On June 24, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Mexico in the lawsuit entitled United States v. Arizona Public 
Service Company, et al., Civil Case No. 1:15-cv-00537 (D. N.M.).
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that Arizona Public Service 
Company, El Paso Electric Company, Public Service Company of New 
Mexico, Salt River Project Agricultural Improvement and Power District, 
Tucson Electric Power Company, and Southern California Edison Company 
(collectively the ``Defendants''), failed to comply with certain 
requirements of the Act intended to protect air quality at the Four 
Corners Power Plant located near Shiprock, New Mexico. The complaint 
seeks injunctive relief and civil penalties for violations of the Clean 
Air Act's Prevention of Significant Deterioration (``PSD'') provisions, 
42 U.S.C. 7470-92, and various Clean Air Act 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 sulfur dioxide (``SO2'') and/
or nitrogen oxides (``NOX'') at the Four Corners Power 
Plant.
    The proposed Consent Decree would resolve violations for certain 
provisions of the Act at the Four Corners Power Plant, and would 
require the Defendants to reduce harmful SO2, 
NOX, and particulate matter emissions through the 
installation and operation of pollution controls. The Defendants will 
also spend $6,700,000 to fund environmental mitigation projects that 
will further reduce emissions and benefit communities adversely 
affected by the pollution from the plant, and pay a civil penalty of 
$1,500,000.
    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. Arizona Public Service Company, et 
al., Civil Case No. 1:15-cv-00537 (D. N.M.), D.J. Ref. No. 90-5-2-1-
10300. 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:

[[Page 37303]]



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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.justice.gov/enrd/consent-decrees. 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 $23.50 (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. 2015-15952 Filed 6-29-15; 8:45 am]
 BILLING CODE 4410-15-P