[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Notices]
[Pages 28016-28017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12789]


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DEPARTMENT OF JUSTICE


Notice of Lodging of the ``VEPCO'' Proposed Consent Decree Under 
the Clean Air Act

    Notice is hereby given that on April 21, 2003, a proposed Consent 
Decree (``proposed Decree'') in United States v. Virginia Electric and 
Power Co. (``VEPCO''), Civil Action No. 03-517-A, was lodged with the 
United States District Court for the Eastern District of Virginia.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that VEPCO--an electric utility--
failed to comply with certain requirements of the Act intended to 
prevent deterioration of air quality. The complaint alleges that for 
some of the units at two of its coal-fired, energy generation 
stations--Mount Storm (located in northeastern West Virginia) and 
Chesterfield (located in Chesterfield County, Virginia)--VEPCO failed 
to seek permits prior to making major modifications to units at those 
stations and also failed to install appropriate pollution control 
devices to reduce emissions of air pollutants from units at those 
stations. The complaint seeks both injunctive relief and civil penalty.
    The proposed Decree lodged with the Court addresses units at the 
Mount Storm and Chesterfield Stations as well as units at these other 
energy generation stations owned or operated by VEPCO: Bremo Power 
Station (in Fluvanna County, Virginia), Chesapeake Energy Center (near 
Chesapeake, Virginia), Clover Power Station (in Halifax County, 
Virginia), North Branch Power Station (in northeastern West Virginia), 
Possum Point Power Station (about 25 miles south of Washington, D.C.), 
and Yorktown Power Station (in Yorktown, Virginia).
    The proposed Decree requires installation, upgrading, and operation 
of pollution control devices on a number of the units at these various 
VEPCO generation stations on a schedule running through 2012. Some of 
the control and emission requirements and conditions specified by the 
proposed Decree cover particular units while others address the 
aggregate performance of the units subject to the proposed Decree.
    VEPCO also will carry out under the Decree a series of 
environmental mitigation projects. They are described in the proposed 
Decree and are valued at about $13.9 million. VEPCO also will pay the 
United States a civil penalty of $5.3 million.
    Joining in the proposed Decree as co-plaintiffs are the States of 
New York,

[[Page 28017]]

New Jersey, Connecticut, and West Virginia, as well as the Commonwealth 
of Virginia.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to, United States v. Virginia Electric and Power Co., D.J. Ref. 90-5-2-
1-07122.
    The proposed Decree may be examined at the offices of the United 
States Attorney, Eastern Division of Virginia, 2100 Jamieson Avenue, 
Alexandria, Virginia, and at the offices of U.S. EPA, Region 3, 1650 
Arch Street, Philadelphia, PA 19103-2029.
    During the public comment period, the proposed Decree may also be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the proposed Decree may also be 
obtained by mail from the consent Decree Library, P.O. 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 $29.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-12789 Filed 5-21-03; 8:45 am]
BILLING CODE 4410-15-M