[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39596-39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16777]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given, in accordance with that on June 18, 2003, 
the United States lodged a proposed Consent Decree with the United 
States District Court for the Western District of Wisconsin, United 
States v. Northern States Power Co., a Wisconsin corporation, doing 
business, as Xcel Energy, Case No. 03-C-0330-C (W.D. Wis.), under the 
Clean Air Act (``CAA''). The proposed consent Decree resolves specific 
allegations and claims of the United States Against Northern States 
Power Co. (``NSP''), arising out of the company's operation of an 
electricity generating facility in La Crosse, Wisconsin. The French 
Island Plant is located on the Mississippi River at 200 South 
Bainbridge Street, La Crosse, La Crosse County, Wisconsin, which is 
within the Western District of Wisconsin.
    The consent Decree requires NSP to install and operate pollution 
control equipment on each municipal waste combustor (``MWC'') necessary 
to come into compliance with emission limits for large MWC's, with the 
exception the carbon monoxide (``CO'') emission limitation. NSP has 
already installed a dry lime injection scrubber and pulse jet baghouse 
on each MWC, and installed a Selective Noncatalytic Reduction process 
to control nitrous oxide (``NOX'') emissions. NSP has also 
installed continuous emission monitoring systems for both sulfur 
dioxide (``SO2'') and NOX on each MWC. With the 
exception of the CO emission limitation, this pollution control 
equipment has brought NSP into compliance with pollutant emission 
limitations set forth in the large MWC regulations.
    In addition, NSP will complete all training requirements no later 
than 6 months from the lodging date of the Consent Decree, and will 
comply with applicable recordkeeping and recording requirements. It has 
also agreed to implement a plan to minimize CO emissions during the 
pendency of the Decree.
    NSP is currently unable to meet the large MWC CO emission 
limitation of 100 ppmv consistently. On July 8, 2002, NSP submitted a 
Petition to EPA's Administrator to modify the CO emission limitation in 
the large MWC regulations. The Consent Decree requires that, during the 
pendency of the petition, NSP undertake significant steps to minimize 
the potential for CO exceedences. NSP is also required to

[[Page 39597]]

report any CO emission limitation exceedance. Moreover, if EPA does not 
agree to modify the CO emission limitation included in the large MWC 
regulations, the Consent Decree reserves EPA's right to requires NSP to 
install further control equipment upgrades or other facility changes 
necessary to comply with the then applicable CO emission limit.
    Under the terms of the proposed settlement, NSP will pay a civil 
penalty of $500,000 to the United States.
    The Department of Justice will accept written comments relating to 
the proposed Consent Decree for 30 days after publication of this 
Notice. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, United States Department of 
Justice, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044-
7611, and should refer to United States v. NSP, Case Number 03-C-0330-C 
(W.D. Wis.), DJ Ref. 90-5-2-1-07638. The proposed Consent 
Decree may be examined at the Office of the United States Attorney for 
the Western District of Wisconsin, Madison, Wisconsin, and at the 
Regional 5 Office of the United States Environmental Protection Agency, 
77 West Jackson Boulevard, Chicago, Illinois 60604. 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 proposed consent decree may also be obtained 
by mail from the U.S. Department of Justice, Consent Decree Library, 
P.O. Box 7611, Washington, DC 20044-7611 or by faxing a request to 
Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy, please 
enclose a check for reproduction costs (at 25 cents per page) in the 
amount of $8.75 for the decree, payable to the United States Treasury.

William D. Brighton,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-16777 Filed 7-1-03; 8:45 am]
BILLING CODE 4410-15-M