[Federal Register Volume 68, Number 94 (Thursday, May 15, 2003)]
[Notices]
[Page 26354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12053]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States and 
Wisconsin Electric Power Company Under the Clean Air Act

    Under 28 C.F.R. 50.7, notice is hereby given that on April 29, 
2003, a proposed consent decree (``Consent Decree'') between Wisconsin 
Electric Power Company (``Wisconsin Electric'') and the United States, 
Civil Action No. 2003V00451, was lodged with the United States District 
Court for the Eastern District of Wisconsin.
    The Consent Decree would resolve claims asserted by the United 
States against Wisconsin Electric pursuant to Sections 113(b) and 167 
of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(b) and 7477, seeking 
injunctive relief and the assessment of civil penalties for WE's 
violations of:
    (a) The Prevention of Significant Deterioration provisions in Part 
C of Subchapter I of the Act, 42 U.S.C. 7470-92;
    (b) The nonattainment New Source Review provisions in Part D of 
Subchapter I of the Act, 42 U.S.C. 7501-7515;
    (c) The federally-enforceable State Implementation Plan developed 
by the State of Michigan (the ``Michigan SIP''); and
    (d) The federally-enforceable State Implementation Plan developed 
by the State of Wisconsin (the ``Wisconsin SIP'').
    The complaint filed by the United States alleges, among other 
things, that between approximately 1982 and the present, Wisconsin 
Electric modified and thereafter operated certain coal-fired 
electricity generating units at its Oak Creek Generating Station in 
Milwaukee County, Wisconsin, without first obtaining a PSD permit 
authorizing the construction and without installing the best available 
technology to control emissions of sulfur dioxide, nitrogen oxides, and 
particulate matter, as required by the Act, applicable federal 
regulations, and the Michigan and Wisconsin SIPs. These major 
modifications included, but were not limited to, replacement of 
economizers, induced draft fans, waterwall tubes, reheaters and 
superheaters on one or more units at the Oak Creek Generating Station. 
These modifications resulted in significant net emissions increases, as 
defined by 40 CFR 52.2(b)(3)(i), of one or more of the following 
pollutants: NOX, SO2, and PM.
    The complaint also alleges, upon information and belief, that 
Wisconsin Electric undertook similar major modifications at one or more 
of its other facilities--namely, the Presque Isle Generating Station in 
Marquette County, Michigan, the Pleasant Prairie Generating Station in 
Kenosha County, Wisconsin, the Port Washington Generating Station in 
Ozaukee County, Wisconsin, and the Valley Generating Station in 
Milwaukee County, Wisconsin--which resulted in significant net 
emissions increases, as defined by 40 CFR 52.21(b)(3)(i), of one or 
more of the following pollutants: NOX, SO2, and 
PM.
    The proposed Consent Decree would require Wisconsin Electric to 
reduce SO2, NOX, and PM emissions across its 
coal-fired system through the installation of state-of-the-art 
pollution control technologies and the retirement of certain units. In 
addition, the proposed Consent Decree would require Wisconsin Electric 
to spend no less than $20 million to implement the TOXECON Project at 
its Presque Isle Power Plant, which is designed to implement and 
explore innovative ways to reduce mercury and PM emissions from coal-
fired power plants, as a means of mitigating the harm caused by the 
alleged violations. Finally, the proposed Consent Decree would require 
Wisconsin Electric to pay a $3.2 million civil penalty.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Wisconsin Electric, D.J. Ref. No. 90-5-2-1-07493.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Wisconsin, Federal Courthouse, 517 
East Wisconsin Ave., Milwaukee, Wisconsin 53202, and at U.S. EPA Region 
V, 77 West Jackson Blvd., Chicago, IL 60604-3507. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be obtained by mail 
from the Consent Decree Library, PO Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $18.00 
(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. 03-12053 Filed 5-14-03; 8:45 am]
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