[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Page 56604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22435]


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DEPARTMENT OF JUSTICE


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

    On September 16, 2014, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Michigan in the lawsuit entitled United States v. Consumers 
Energy Company., Civil Case. No. 14-13580 (E.D. Mich.).
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that Consumers Energy Co. 
(``Defendant''), failed to comply with certain requirements of the Act 
intended to protect air quality at five Michigan power plants: The J.H. 
Campbell Plant in West Olive, Michigan; the B.C. Cobb Plant in 
Muskegon, Michigan; the D.E. Karn Plant in Essexville, Michigan; and 
the J.C. Weadock Plant in Essexville, Michigan. The complaint seeks 
injunctive relief and civil penalties for violations of the Act's 
Prevention of Significant Deterioration (``PSD'') provisions, 42 U.S.C. 
7470-92, the Act's Title V permit provisions (``Title V''), 42 U.S.C. 
7661a-76661f, and certain visible air pollutant (``opacity'') and 
particulate matter (``PM'') limitations contained in Defendant's Title 
V permits and as set forth in various implementing regulations. The 
complaint alleges that Defendant failed to obtain appropriate permits 
and failed to install and operate required pollution control devices to 
reduce emissions of sulfur dioxide (``SO2'') and/or nitrogen 
oxides (``NOX'') at the Campbell, Cobb, Karn, and Weadock 
plants, and that Defendant has operated certain units at the plants 
while exceeding opacity and PM limitations.
    The proposed Consent Decree would resolve violations for certain 
provisions of the Act at the Campbell, Cobb, Karn, and Weadock plants, 
as well as the Whiting Plant in Luna Pier, Michigan, through December 
31, 2017, and would require the Defendant to reduce harmful 
SO2, NOX, and PM emissions, at the five power 
plants. The emission reductions would be achieved through emission 
control requirements and limitations specified by the proposed consent 
decree, including installation and operation of pollution controls; 
retirement or refueling of certain generating units; and annual 
emission caps at the power plants. The Defendant will also spend $7.7 
million to fund environmental mitigation projects that will further 
reduce emissions and benefit communities adversely affected by the 
pollution from the five plants, and pay a civil penalty of $2.75 
million.
    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 v. Consumers Energy Company., Civil 
Case. No. 14-13580 (E.D. Mich.), D.J. Ref. No. 90-5-2-1-09771. 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 email........................  [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 proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. The Justice Department 
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 $28.75 (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. 2014-22435 Filed 9-19-14; 8:45 am]
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