[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15739-15740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05601]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Third Modification to Consent 
Decree Under the Clean Air Act

    On February 22, 2013, the Department of Justice lodged a proposed 
third modification to a consent decree with the United States District 
Court for the Southern District of Ohio in the lawsuit entitled United 
States, et al. v. American Electric Power Service Corp., et al., Civil 
Action Nos. 99-1182 (EAS) and 99-1250 (EAS).
    Under a 2007 consent decree, American Electric Power Service Corp., 
et al. (``AEP'') agreed to substantially reduce sulfur dioxide 
(SO2) and nitrogen oxides (NOX) from the AEP 
Eastern System which was then comprised of sixteen coal-fired power 
plants. The original consent decree requires AEP to install flue gas 
desulfurization (FGD) technology on Rockport Unit 1 by December 31, 
2017 and on Rockport Unit 2 by December 31, 2019.

[[Page 15740]]

    Under the third modification that was lodged on February 22, 2013, 
in exchange for providing AEP an extension of time for the installation 
of FGD technology on Units 1 and 2 at the Rockport Plant, AEP agrees to 
the following: (1) To install interim emission controls that will begin 
to reduce SO2 emissions from the Rockport Plant earlier than 
required under the original Consent Decree; (2) to accept a declining 
annual tonnage limitation for SO2 for the Rockport Plant; 
(3) to substantial reductions in the System-Wide SO2 
emission cap provided for in the original consent decree; (4) to 
shutdown, repower or control three units (Big Sandy Unit 2, Muskingum 
River 5 and Tanners Creek Unit 4); (5) to the installation of 200 MW of 
renewable energy; (6) to provide the State Co-Plaintiffs with $6 
million in additional mitigation funding; and (7) to provide the 
Citizen Plaintiffs with $2.5 million in mitigation funding for Indiana 
specific projects.
    The publication of this notice opens a period of public comment on 
the third modification. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States, et al. v. American Electric Power 
Services Corp., D. J. Ref. No. 90-5-2-1-06893. 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, DC 20044-7611.
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    During the public comment period, the third modification may be 
examined and downloaded at this Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the third modification 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 in the amount of $7.50 (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. 2013-05601 Filed 3-11-13; 8:45 am]
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