[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6419-6420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2588]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree in United States v. Kentucky 
Utilities Company Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on February 3, 2009, 
a proposed consent decree (``Consent Decree'') between Kentucky 
Utilities Company (``Kentucky Utilities'') and the United States in 
connection with Civil Action No. 5:07-CV-75-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 Kentucky Utilities 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 Kentucky 
Utilities' 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;
    (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.
    Kentucky Utilities Company is a Kentucky corporation headquartered 
in Lexington, Kentucky. Kentucky Utilities owns and operates five coal-
fired electrical power generating stations in Kentucky. One of those 
stations, the E.W. Brown Plant (``Brown Plant'') is located on Lake 
Herrington in Mercer County, Kentucky. The Brown Plant operates three 
coal-fired boiler units. Only Unit 3 at the Brown Plant (``Brown Unit 
3'') is the subject of this settlement. The complaint filed by the 
United States alleges that Kentucky Utilities modified Brown Unit 3 
without complying with the PSD requirements of the Act (including the 
requirements to first obtain a PSD permit authorizing the modification 
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 without 
complying with the NSPS requirements of the Act. The complaint also 
alleges that Kentucky Utilities violated Title V of the Act by failing 
to include the PSD and NSPS requirements triggered by its modifications 
in its Title V operating permit for the Brown Plant. Finally, the 
complaint alleges that Kentucky Utilities illegally operated Brown Unit 
3 at heat input capacities that were higher than allowed by its 
operating permit.
    The proposed Consent Decree would require Kentucky Utilities to 
reduce SO2, NOX and PM emissions at Brown Unit 3 through the 
installation and operation of state-of-the-art pollution control 
technologies. In addition, the proposed Consent Decree would require 
Kentucky Utilities to contribute $3 million toward environmental 
mitigation projects, including $1.8 million toward a carbon 
sequestration research project overseen by the University of Kentucky 
and the Kentucky Geological Survey, $1 million to retrofit diesel 
school buses with devices to reduce particulate matter emissions, and 
$200,000 toward the National Park Service's efforts to protect and 
restore Mammoth Caves National Park. Finally, the proposed Consent 
Decree would require Kentucky Utilities to pay a civil penalty of $1.4 
million.
    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, 
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. Kentucky Utilities Company, D.J. Ref. No. 90-5-2-1-
08850.
    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

[[Page 6420]]

requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $16.75 (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. E9-2588 Filed 2-6-09; 8:45 am]
BILLING CODE 4410-15-P