[Federal Register Volume 75, Number 19 (Friday, January 29, 2010)]
[Notices]
[Pages 4847-4848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1773]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on January 25, 
2010, a proposed Consent Decree in United States of America, et al. v. 
Westar Energy, Inc., Civil Action No. 2:09-CV-2059-JAR-DJW, was lodged 
with the United States District Court for the District of Kansas.
    The Consent Decree would resolve claims asserted by the United 
States against Westar Energy (``Westar'') 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 
Westar'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;
    (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 State of Kansas.
    Westar operates three coal-fired power plants in Kansas. One of 
those plants, the Jeffrey Energy Center (``Jeffrey Plant''), has three 
electric generating units and is located near St. Marys in Pottawatomie 
County, Kansas. Only the Jeffrey Plant is the subject of this 
settlement. The complaint filed by the United States alleges that 
Westar modified and thereafter operated all three units at the Jeffrey 
Plant without complying with the PSD requirements of the Act (including 
the requirements to first obtain a PSD permit authorizing the 
modifications and to install and operate the best available control 
technology to control emissions of sulfur dioxide (``SO2''), 
nitrogen oxides (``NOX''), and/or particulate matter 
(``PM'')). The complaint also alleges that Westar violated Title V of 
the Act by failing to include the PSD requirements triggered by its 
modifications in its Title V operating permit for the Jeffrey Plant.
    The proposed Consent Decree would require Westar to reduce 
SO2, NOX and PM emissions at all three Jeffrey 
Units through the installation, upgrade, and/or operation of pollution 
control technologies. In addition, the proposed complaint would require 
Westar to spend $6 million on environmental mitigation projects, namely 
retrofitting diesel engines to reduce emissions from vehicles owned by 
or operated for public entities in Kansas with emission control 
equipment, installing new wind turbines that provide electricity for 
the benefit of schools or non-profits, installing advanced truck stop 
electrification, installing plug-in hybrid infrastructure, and 
converting vehicles in Westar's fleet by retrofitting diesel vehicles 
and purchasing hybrid vehicles. Finally, the proposed Consent Decree 
would require Westar to pay a $3 million civil penalty. The State of 
Kansas has joined the settlement as co-plaintiff.
    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 of America, et al. v. Westar Energy, Inc., D.J. Ref. 
90-5-2-1-08242.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the District of Kansas, 500 State Avenue, Suite 
360, Kansas City, KS 66101, and at U.S. EPA Region 7, 901 N. 5th 
Street, Kansas City, KS 66101. 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/ConsentDecrees.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 $16.00 (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.

[[Page 4848]]


Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-1773 Filed 1-28-10; 8:45 am]
BILLING CODE 4410-15-P