[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Notices]
[Pages 56790-56791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4902]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree in United States and 
Commonwealth of Kentucky Environmental and Public Protection Cabinet v. 
East Kentucky Power Cooperative, Inc. Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on September 20, 
2007, a proposed consent decree (``Consent Decree'') was lodged in 
United States and Commonwealth of Kentucky Environmental and Public 
Protection Cabinet v. East Kentucky Power Cooperative, Inc., Civil 
Action No. 06-cv-00211-JMH, pending in 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 414 of the Clean 
Air Act (the ``Act''), 42 U.S.C. 7413(b) and 77651m, seeking injunctive 
relief and assessment of civil penalties for EKPC's violation of:
    (a) The Acid Rain provisions of the Act, 42 U.S.C. 7651 through 
7651o;
    (b) Title V of the Act, 42 U.S.C. 7661 et seq.; and
    (c) The federally-enforceable State Implementation Plan (``SIP'') 
developed by the Commonwealth of Kentucky.
    EKPC operates three coal-fired power plants in Kentucky. The 
complaint filed by the United States alleges that EKPC modified Units 1 
and 2 at its Dale facility without complying with federal

[[Page 56791]]

and state requirements for participation in emissions allowance trading 
programs, and without installing nitrogen oxide emissions controls 
required under the Acid Rain provisions of the Act.
    The complaint also alleges that EKPC violated Title V of the Act by 
operating without a permit that included Acid Rain requirements for 
Dale Units 1 and 2, and that EKPC violated Kentucky's SIP by failing to 
purchase and retire nitrogen oxide ozone season emissions allowances 
for Dale Units 1 and 2.
    The proposed Consent Decree would require EKPC to install and 
operate nitrogen oxide emissions controls on Dale Units 1 and 2, to 
continuously operate pollution monitoring equipment for those units, 
and to apply for appropriate permits. The proposed Consent Decree would 
also require EKPC to pay a fixed penalty of $11,400,000 over six years, 
with the possibility of additional penalty payments if EKPC meets 
certain thresholds of financial performance.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. Comments should be addressed to the Assistant Attorney 
General, Environment 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-
5-2-1-08835.
    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/Consent_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 $12.75 (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. 07-4902 Filed 10-3-07; 8:45 am]
BILLING CODE 4410-15-M