[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Page 47980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18925]


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DEPARTMENT OF JUSTICE


Notice of Lodging Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that, on August 12, 
2008, a proposed Consent Decree in United States v. Salt River Project 
Agricultural Improvement and Power District [``SRP''], Civil Action No. 
2:08-cv-1479-JAT (D. Ariz.), was lodged with the United States District 
Court for the District of Arizona. The Consent Decree addresses alleged 
violations of the Clean Air Act, 42 U.S.C. 7401-7671 et seq., and state 
and federal implementing regulations, which occurred at Units 1 and 2 
of the Coronado Generating Station, a coal-fired power plant owned and 
operated by SRP in St. Johns, Arizona. The alleged violations arise 
from the construction of modifications to the power plant without 
obtaining appropriate permits under the Prevention of Significant 
Deterioration provisions of the Clean Air Act, 42 U.S.C. 7475, and 
Title V of the Act, 42 U.S.C. 7661 et seq., and without installing and 
applying best available control technology at the plant to control 
emissions of various air pollutants.
    The proposed Consent Decree would resolve the claims alleged in the 
Complaint filed in this matter in exchange for SRP's commitment to 
perform injunctive relief including: (1) Installation of appropriate 
pollution control technology to control emissions of nitrogen oxides 
(NOX), sulfur dioxide (SO2), and particulate 
matter (PM)--including flue gas desulfurization devices to control 
SO2 on Units 1 and 2 at the Coronado Station and 
installation of selective catalytic reduction to control NOX 
on one of the two units; (2) meet specified emission rates or removal 
efficiencies for SO2, NOX, and PM; (3) comply 
with a plant-wide emissions cap for NOX; and (4) perform $4 
million worth of projects to mitigate the alleged effects of its past 
violations. The proposed Consent Decree also requires SRP to pay a 
$950,000 civil penalty.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for 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 
mailed either electronically to [email protected] or in 
hard copy to the United States Department of Justice, P.O. Box 7611, 
Ben Franklin Station, Washington, DC 20044-7611. Comments should refer 
to United States v. Salt River Project Agricultural Improvement and 
Power District, Civil Action No. 2:08-cv-1479-JAT (D.Ariz.) and D.J. 
Ref. No. 90-5-2-1-09174.
    The Consent Decree may be examined at: (1) The offices of the 
United States Attorney, Two Renaissance Square, 40 N. Central Avenue, 
Suite 1200, Phoenix, AZ 85004-4408; and (2) the offices of the U.S. 
Environmental Protection Agency, Region 9, 75 Hawthorne St., San 
Francisco, CA 94105. During the public comment period, the Consent 
Decree may also be examined on the following Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Department of Justice Consent 
Decree Library, P.O. Box 7611, 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 $18.00 (72 pages at 25 cents per page 
reproduction costs) payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-18925 Filed 8-14-08; 8:45 am]
BILLING CODE 4410-15-P