[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Page 30258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15088]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with Departmental policy, 28 CFR 50.7, and pursuant 
to Section 113(g) of the Clean Air Act, 42 U.S.C. 7413(g), notice is 
hereby given that on May 22, 1996, a proposed Consent Decree in Sierra 
Club v. Public Service Company of Colorado, Inc., Civil Action No. 93-
B-1749, was lodged with the United States District Court for the 
District of Colorado. The proposed Consent Decree settles the claims of 
the plaintiff Sierra Club, and the proposed plaintiff-intervenors, the 
United States and the State of Colorado, pursuant to the Clean Air Act, 
42 U.S.C. 7401 et seq., and the State of Colorado's State 
Implementation Plan against the defendants Public Service Company of 
Colorado, Inc., Salt River Project Agricultural Improvement and Power 
District and PacifiCorp. The claims of Sierra Club, the United States 
and the State of Colorado relate to the operation of Hayden Station, a 
fossil fuel-fired power generating facility in Hayden, Colorado, owned 
and operated by the defendants.
    Under the terms of the Consent Decree, the defendant will pay a 
$2,000,000 civil penalty to the United States Treasury to resolve the 
claims of Sierra Club and the United States. The defendants must 
determine within 180 days of lodging whether the two power generating 
units at Hayden Station will be converted from combusting coal as a 
primary fuel source to combusting natural gas. If the defendants elect 
to continue combusting coal at Hayden Station, air pollution control 
equipment to reduce emissions of sulfur dioxide, nitrogen oxides and 
particulate matter must be installed at Hayden Station for Unit 1 by 
December 31, 1998 and for Unit 2 by December 31, 1999. If the 
defendants elect to convert Hayden Station to natural gas, the 
conversion must be completed by December 31, 1998. In either event, the 
Consent Decree establishes more stringent emission limitations for 
Hayden Station for sulfur dioxide, nitrogen oxides, and particulate 
matter.
    To protect and improve the air quality in the Yampa Valley where 
Hayden Station is located, the Consent Decree requires the defendants 
shall pay $2,000,000 for land conservation purposes and $250,000 for 
the conversion of wood stove and/or vehicles to natural gas in the 
Yampa Valley.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General of the Environment and Natural Resources Division, 
U.S. Department of Justice, Washington, DC 20530, and should refer to 
Sierra Club v. Public Service Company of Colorado, Inc., D.O.J. Ref. 
90-5-2-1-2069.
    The proposed Consent Decree may be examined at any of the following 
locations: The Office of the United States Attorney for the District of 
Colorado, 1961 Stout Street, Suite 1100, Denver, Colorado 80294; the 
Region VIII Office of the United States Environmental Protection 
Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-2466 
(contact Sheldon Muller, Esq. (303/312-6916)); and at the Environmental 
Enforcement Section Document Center, 1120 G Street, NW., 4th Floor, 
Washington, DC 20005 (202/624-0892). A copy of the proposed Consent 
Decree may be obtained in person or by mail from the Environmental 
Enforcement Section Document Center, 1120 G Street, NW., 4th Floor, 
Washington, DC 20005. In requesting a copy, please refer to the 
referenced case and enclose a check in the amount of $17.00 (25 cents 
per page reproduction cost) made payable to Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 96-15088 Filed 6-13-96; 8:45 am]
BILLING CODE 4410-01-M