[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Notices]
[Pages 26109-26110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4167]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on April 24, 2006, 
the United States lodged a proposed partial Consent Decree (``Consent 
Decree'') in the United States District Court for the Northern District 
of Alabama in the matter captioned United States, et al. v. Alabama 
Power Company, (Civil Action No. 2:01-cv-00152-VEH).
    The Consent Decree would resolve the liability of Alabama Power 
Company (``APC'') relating to the Fifth Claim for Relief included in 
the United States' Amended Complaint in this action, which the United 
States brought pursuant to Sections 113 and 167 of the Clean Air Act 
(``the Act''), 42 U.S.C. 7413, 7477. The United States' Fifth Claim for 
Relief concerned the construction of Units 3 and 4 at Alabama Power 
Company's James H. Miller, Jr. coal-fired electric power plant, located 
near the town of West Jefferson, in Jefferson County, Alabama (``Plant 
Miller''). The United States alleged in its Fifth Claim for Relief that 
APC violated the Prevention of Significant Deterioration (``PSD'') 
requirements of the Act, 42 U.S.C. 7470-92, and regulations promulgated 
thereunder, including the State Implementation Plan (``SIP'') approved 
under the Act for the State of Alabama, by failing to obtain a PSD 
permit from EPA for Plant Miller Unit 3, or the appropriate PSD permit 
for Plant Miller Unit 4, incorporating Best Available Control 
Technology (``BACT'') requirements. The United States alleged that 
these PSD permit requirements became applicable, inter alia, by virtue 
of APC's failure to undertake and implement a continuous program of on-
site construction and/or to complete construction of Plant Miller Units 
3 and 4 within a reasonable time. In the alternative, the United States 
alleged that APC violated Section 111(e) of the Act by operating Plant 
Miller Units 3 and 4 without complying with an applicable standard of 
performance--40 CFR part 60, Subpart Da--promulgated by EPA pursuant to 
the New Source Performance Standards (``NSPS'') provisions of the Act. 
The United States alleged that the NSPS Subpart Da regulations became 
applicable by virtue of APC's failure to commence a continuous program 
of on-site construction of the boilers for Plant Miller Units 3 and 4 
until after September 19, 1978.
    Plaintiff-Intervenor Alabama Environmental Council, Inc., which is 
also a party to the Consent Decree, alleged similar PSD violations 
concerning the Plant Miller Units 3 and 4 in its Ninth and Tenth Claims 
for Relief included in its complaint in intervention in this action.
    Under the terms of the proposed Consent Decree, the civil claims 
for

[[Page 26110]]

relief concerning Plant Miller alleged by the United States and Alabama 
Environmental Council, Inc. in their respective complaints would be 
resolved, and APC would be required to (1) Commence continuous year-
round operation of Selective Catalytic Reduction (``SCR'') technology 
at each of Plant Miller Units 3 and 4 for control of nitrogen oxide 
(``NOX'') emissions on a year-round basis beginning in 2008, 
and thereafter achieve and maintain specified NOX emission 
rates from those units; (2) install and begin year-round operation of 
Flue Gas Desulfurization (``FGD'' or ``scrubber'') technology at each 
of Plant Miller Units 3 and 4 for control of sulfur dioxide 
(``SO2'') emissions by December 31, 2011, and thereafter 
maintain a specified SO2 emission removal efficiency for 
those units; (3) achieve by December 31, 2006, and thereafter maintain 
a specified emission rate for particulate matter (``PM'') emissions 
from Plant Miller Units 3 and 4; and (4) install and operate by 
December 31, 2008, and thereafter report to EPA data collected from, a 
mercury continuous emissions monitoring system (``Mercury CEMS'') at 
Plant Miller Units 3 and 4. In addition, the Consent Decree would 
require APC to purchase and permanently retire $4.9 million worth of 
vintage 2007 SO2 emissions allowances, restrict APC's right 
to transfer any surplus SO2 emissions allowances it may 
generate from Plant Miller Units 3 and 4 after the year 2020, and 
require APC to pay a civil penalty of $100,000.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the above-
described Consent 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, et al. v. Alabama Power Company, D.J. Ref. No. 
90-5-2-1-06994.
    During the public comment period, the proposed 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 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 $14.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 06-4167 Filed 5-2-06; 8:45 am]
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