[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Pages 37797-37798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3368]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree in United States v. East 
Kentucky Power Cooperative, Inc. Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on July 2, 2007, a 
proposed consent decree (``Consent Decree'') between East Kentucky 
Power Cooperative, Inc. (``EKPC'') and the United States, Civil Action 
No. 04-34-KSF, was lodged with the United States District Court for the 
Eastern District of Kentucky.
    The Consent Decree would resolve claims asserted by the United 
States against EKPC 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 EKPC's violations of:
    (a) The Prevention of Significant Deterioration (``PSD'') 
provisions in Part C of Subchapter I of the Act, 42 U.S.C. 7470-92;

[[Page 37798]]

    (b) The New Source Performance Standards (``NSPS'') provisions of 
the Act, 42 U.S.C. 7411;
    (c) Title V of the Act, 42 U.S.C. 7661 et seq.; and
    (d) The federally-enforceable State Implementation Plan (``SIP'') 
developed by the Commonwealth of Kentucky.
    EKPC operates three coal-fired power plants in Kentucky: The 
Spurlock Plant, located near Maysville, Kentucky, the Dale Plant, 
located near Winchester, Kentucky, and the Cooper Plant, located near 
Somerset, Kentucky. The complaint filed by the United States alleges 
that EKPC modified Spurlock Unit 2 and Dale Units 3 and 4 without 
complying with PSD (including the requirements to first obtain a PSD 
permit authorizing the modifications and to install and operate the 
best available technology to control emissions of sulfur dioxide 
(``SO2''), nitrogen oxides (``NOx''), and/or 
particulate matter (``PM'')), and modified Dale Units 3 and 4 without 
complying the NSPS. The Complaint also alleges that EKPC violated Title 
V of the Act by failing to include the PSD and NSPS requirement 
triggered by its modifications in its Title V operating permits for the 
Spurlock and Dale plants. Finally, the Complaint alleges that EKPC 
illegally operated Spurlock Unit 2 at heat input capacities that were 
higher than allowed by its operating permit.
    The proposed Consent Decree would require EKPC to reduce 
SO2, NOx and PM emissions at its plants through 
the installation and operation of state-of-the-art pollution control 
technologies and/or the retirement or re-powering of certain units. In 
addition, the proposed Consent Decree would require EKPC to install and 
operate wet electrostatic precipitators at its Spurlock Plant, which 
are designed to control sulfuric acid mist from coal-fired power 
plants, as a means of mitigating the harm caused by the alleged 
violations. Finally, the proposed Consent Decree would require EKPC to 
pay a $750,000 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, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. East Kentucky Power Cooperative, D.J. Ref. No. 90-5-2-
1-08085.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Eastern District of Kentucky, 260 West Vine Street, 
Suite 300, Lexington, Kentucky, 40507-1612, and at U.S. EPA Region IV, 
61 Forsyth Street, SW., Atlanta, Georgia, 30303-8960. 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/Constent_Decrees.html. A copy of the 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 $18.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury or, if by e-mail or fax, forward a check 
in that amount to the Consent Decree Library at the stated address.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-3368 Filed 7-10-07; 8:45 am]
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