[Federal Register Volume 77, Number 230 (Thursday, November 29, 2012)]
[Notices]
[Page 71196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28884]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On November 20, 2012, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the Middle 
District of Louisiana in the lawsuit entitled United States and 
Louisiana Department of Environmental Quality v. Louisiana Generating 
LLC, Civ. No. 09-100-JJB (M.D. La.).
    The United States filed a complaint in February 2009, seeking 
injunctive relief and civil penalties for violations of the Prevention 
of Significant Deterioration (``PSD'') provisions of the Clean Air Act 
(``CAA''), 42 U.S.C. 7470-92; the federally approved PSD regulations 
contained in the Louisiana State Implementation Plan (``SIP''); and the 
federally approved Louisiana Title V program, 42 U.S.C. 7661a-76661f 
(``Title V'') at the Big Cajun II, the Defendant's coal fired power 
plant in New Roads, Louisiana.. The Louisiana Department of 
Environmental Quality (``LDEQ'') filed a complaint in February 2010 
alleging the same violations as are in the United States' complaint.
    The complaints allege that Louisiana Generating failed to obtain 
appropriate permits and failed to install and operate required 
pollution control devices to reduce emissions of various air pollutants 
at two coal-fired generating units at the company's Big Cajun II plant. 
The proposed consent decree would require Louisiana Generating to 
reduce harmful emissions of sulfur dioxide (SO2) and 
nitrogen oxides (NOX) through emission control requirements 
and limitations specified by the proposed Decree, including 
installation and operation of new pollution controls, natural gas 
conversion, and annual emission caps at all three units at the Big 
Cajun II plant. Louisiana Generating will also spend $10.5 million to 
fund environmental mitigation projects that will further reduce 
emissions and benefit communities adversely affected by pollution from 
the Big Cajun II plant, and pay a civil penalty of $3.5 million. The 
State of Louisiana will receive $1.75 million, one-half of the $3.5 
million civil penalty.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and Louisiana Department of 
Environmental Quality v. Louisiana Generating LLC, Civ. No. 09-100-JJB 
(M.D. La.) D.J. Ref. No. 90-5-2-1-08529. All comments must be submitted 
no later than thirty (30) days after the publication date of this 
notice. Comments may be submitted either by email or by mail:

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       To submit comments:                     Send them to:
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By e-mail........................  [email protected].
By mail..........................  Assistant Attorney General
                                   U.S. DOJ--ENRD
                                   P.O. Box 7611
                                   Washington, D.C. 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed consent decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ-ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $19.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-28884 Filed 11-28-12; 8:45 am]
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