[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26705-26706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11948]


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DEPARTMENT OF JUSTICE


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

    On May 29, 2019, the Department of Justice lodged a proposed Fifth 
Joint Modification To 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 the original Consent Decree, entered by the Court on December 
10, 2007, American Electric Power Service Corp., et al. (AEP) agreed to 
substantially reduce sulfur dioxide (SO2) and nitrogen 
oxides (NOX) emissions from the AEP Eastern System that was 
then comprised of sixteen coal-fired power plants. As part of the 
original Consent Decree, AEP was required to install flue gas 
desulfurization (FGD) technology to reduce SO2 on two 
electric generating units located at AEP's Rockport, Indiana power 
plant. The original Consent Decree required AEP to install FGD 
technology on Rockport Unit 1 by December 31, 2017 and on Rockport Unit 
2 by December 31, 2019. The Consent Decree's requirements for Rockport 
Unit 1 and Rockport Unit 2 were later modified by the Third Joint 
Modification to the Consent Decree that was entered by the Court on May 
14, 2013. Under the Third Joint Modification to the Consent Decree, AEP 
was required to retrofit, refuel, or re-power one Rockport Unit by 
December 31, 2025 and the second Rockport Unit by December 31, 2028.
    Under the proposed Fifth Joint Modification to Consent Decree, the 
deadline for AEP to retrofit, refuel, or re-power Rockport Unit 1 is 
extended until December 31, 2028 and the requirement to retrofit, 
refuel, or re-power Rockport Unit 2 is removed. In exchange, AEP agrees 
to do the following: (1) Install enhanced dry sorbent injection 
technology to reduce SO2 emissions on Rockport Unit 1 by 
December 31, 2020 and Rockport Unit 2 by June 1, 2020; (2) comply with 
a 30-day rolling average emission rate of 0.15 pounds of SO2 
per million British thermal units of heat input at the Rockport Units 
for years 2021 and beyond; (3) reduce the AEP Eastern System-wide 
annual tonnage limitations for SO2 for years 2021 and 
beyond; (4) reduce the Rockport Plant-wide annual tonnage limitations 
for SO2 for years 2021 and beyond; (5) install selective 
catalytic reduction NOX control technology on Rockport Unit 
2 by June 1, 2020; (6) comply with a 30-day rolling average emission 
rate of 0.09 pounds of NOX per million British thermal units 
of heat input at the Rockport Units for years 2021 and beyond; (7) 
reduce the AEP Eastern System-wide annual tonnage limitations for 
NOX for years 2018 and beyond; (8) provide the State Co-
Plaintiffs with an additional $4 million in mitigation funding; (9) 
provide the Citizen Co-Plaintiffs with an additional $3.5 million in 
mitigation funding; and (10) retire Rockport Unit 1 by December 31, 
2028.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the Fifth 
Joint Modification to Consent Decree. Comments should be addressed to 
the Assistant Attorney General for the Environmental 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 days after the 
publication date of this notice.

[[Page 26706]]

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 Fifth Joint Modification may be 
examined and downloaded at this Department of Justice website: http://www.justice.gov/enrd/consent-decrees.
    We will provide a paper copy of the Fifth Joint 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 $9.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment & Natural Resources Division.
[FR Doc. 2019-11948 Filed 6-6-19; 8:45 am]
 BILLING CODE 4410-15-P