[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Notices]
[Page 7197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3803]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under the Policy set out at 28 CFR 50.7, notice is hereby given 
that on January 24, 2002, a proposed Consent Decree (Decree) in United 
States of America v. PSEG Fossil LLC, Civil Action No. 02CV340, was 
lodged with the United States District Court for the District of New 
Jersey. This enforcement action under the Clean Air Act involves 
alleged violations of requirements intended to prevent the significant 
deterioration of air quality under the Environmental Protection 
Agency's ``New Source Review'' Program. The United States and the State 
of New Jersey sought injunctive relief and civil penalties from PSEG 
Fossil LLC (``PSEG''), which owns and operates the coal-fired electric 
generating stations known as Unit 2 of the Hudson Electricity 
Generating Station in Hudson County, New Jersey; Units 1 and 2 of the 
Mercer Electricity Generating Station in Mercer County, New Jersey; and 
Unit 2 of the Bergen Electricity Generating Station in Bergen County, 
New Jersey. The United States and New Jersey alleged that PSEG failed 
to comply with the requirements of the Clean Air Act at these 
facilities by failing to seek permits prior to making major 
modifications to parts of these facilities and by failing to install 
appropriate pollution control devices to control emissions of air 
pollutants--specifically, sulfur dioxide, nitrogen oxides, and 
particular matter--from these facilities.
    The proposed Decree requires PSEG to undertake various activities 
at the Hudson, Mercer, and Bergen Units in order to reduce the emission 
of air pollutants, including the following measures: that installation 
and operation of state-of-the-art equipment to control PSEG's emissions 
of nitrogen oxides, sulfur dioxide, and particulate matter; the 
optimization and operation of PSEG's existing pollution control 
equipment; limitations on the use of certain fuels; and the surrender 
of certain emission allowances. The Decree also requires PSEG to 
undertake a series of environmentally beneficial projects, valued at $6 
million, and to pay a civil penalty of $1.4 million.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and 
refer to United States v. PSEG Fossil LLC, DOJ Case Number 90-5-2-1-
1866/1.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the District of New Jersey, 970 Broad 
Street, Newark, New Jersey 07102, and at the Region 2 office of the 
Environmental Protection Agency, 290 Broadway, New York, New York 
10007. A copy of the proposed Consent Decree may also be obtained by 
mailing a request to the Consent Decree Library, U.S. Department of 
Justice, P.O. Box 7611, Washington, DC 20044-7611, or by faxing a 
request to Tonia Fleetwood, Department of Justice Consent Decree 
Library, fax no. (202) 616-6584; phone confirmation no. (202) 514-1547. 
In requesting a copy, please reference United States v. PSEG Fossil 
LLC, DOJ Case Number 90-5-2-1-1866/1, and enclose a check in the amount 
of $17.25 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-3803 Filed 2-14-02; 8:45 am]
BILLING CODE 4410-15-M