[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Page 15803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6385]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Stipulated Order Regarding Modification 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 March 12, 2012, a 
proposed Stipulated Order Regarding Modification of Consent Decree 
(``Stipulated Order'') 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 original consent decree, which was entered by the court on 
March 17, 2009, resolved a complaint filed by the United States on 
March 14, 2007. The complaint had alleged that Kentucky Utilities 
violated Prevention of Significant Deterioration and other provisions 
of the Clean Air Act, 42 U.S.C. 7401, et seq., in connection with its 
operation of the E.W. Brown Generating Station in Mercer County, 
Kentucky. Under the consent decree, Kentucky Utilities agreed to 
perform various compliance measures at the E.W. Brown Generating 
Station, and committed to pay a civil penalty of $1.4 million and 
complete certain environmental mitigation projects at a cost of $3 
million. For reasons beyond Kentucky Utilities' control, however, it 
could not perform one of the mitigation projects--spending $1,000,000 
to retrofit diesel school buses in Kentucky with EPA-verified emissions 
control technologies. Therefore, the Stipulated Order outlines 
substitute mitigation projects that Kentucky Utilities shall perform to 
fulfill its obligations under the Consent Decree. Specifically, 
Kentucky Utilities shall spend approximately $400,000 on the 
procurement of plug-in electric vehicles for its corporate fleet, and 
approximately $600,000 on the replacement of one or more coal-fired 
boilers at Kentucky public schools. Finally, if needed, it will spend 
up to $200,000 in funding forest restoration activities by the United 
States Forest Service.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Stipulated Order. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed 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 v. Kentucky Utilities Company, Case 
No. 5:07-cv-00075, D.J. Ref. 90-5-2-1-08850.
    During the public comment period, the Stipulated Order may be 
examined on the following Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html, maintained by the Department of Justice. A copy of the 
Stipulated Order 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 emailing a request to ``Consent Decree 
Copy'' ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $21.50 
(@ 25 cents per page reproduction cost) payable to the U.S. Treasury 
or, if by email or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-6385 Filed 3-15-12; 8:45 am]
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