[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Notices]
[Page 68866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30723]


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DEPARTMENT OF JUSTICE


Notice of Lodging of the ``Cinergy'' Proposed Partial Consent 
Decree under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on December 
22, 2009, a proposed partial Consent Decree (``Consent Decree'') in 
United States of America, et al. v. Cinergy Corporation, et al., Civil 
Action No. 1:99-cv-01693-LJM-JMS, was lodged with the United States 
District Court for the Southern District of Indiana.
    In this civil enforcement action under the Federal Clean Air Act 
(``Act''), PSI Energy, Inc. (now Duke Energy Indiana (``Duke'')), was 
found to have modified Units 1 and 3 at the Gallagher Generating 
Station (``Gallagher'') in New Albany, Indiana in violation of the 
sulfur dioxide (``SO2'') New Source Review requirements of 
the Act. The Consent Decree lodged with the Court requires Duke to 
reduce SO2 emissions from Gallagher Units 1 and 3, 
culminating in the repowering or shutdown of the units. The Decree 
further requires substantial reductions in SO2 emissions 
from Units 2 and 4 at Gallagher. Other relief includes $6.25 million in 
environmental mitigation projects and a $1.75 million civil penalty. 
The States of Connecticut, New Jersey, and New York have joined the 
settlement as co-plaintiffs, as have two citizens groups, Hoosier 
Environmental Council and Ohio Environmental Council.
    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 of America, et al. v. Cinergy Corporation, et al., D.J. 
Ref. 90-5-2-1-06965.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Southern District of Indiana, located at 10 
West Market Street, Suite 2100, Indianapolis, Indiana 46204-3048; or at 
U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604-4590. 
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 $17.75 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-30723 Filed 12-28-09; 8:45 am]
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