[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Notices]
[Pages 51170-51171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23923]


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DEPARTMENT OF JUSTICE


Notice of Lodging Consent Decree Under the Clean Air Act

    Pursuant to 28 CFR Sec.  50.7, notice is hereby given that, on 
September 24, 2009, a proposed Consent Decree in United States v. 
Pacific Gas & Electric Company [``PG&E''], Civil Action No. 09-4503 
(N.D. Cal.), was lodged with the United States District Court for the 
Northern District of California. The Consent Decree addresses an 
alleged violation of the Clean Air Act, 42 U.S.C. 7401-7671 et seq., 
which occurred at

[[Page 51171]]

the Gateway Generating Station, a natural gas fired power plant located 
near Antioch, California. The alleged violation arises from the 
construction of the plant by PG&E allegedly without an appropriate 
permit in violation of the Prevention of Significant Deterioration 
provisions of the Clean Air Act, 42 U.S.C. 7475, and without installing 
and applying best available control technology at the plant to control 
emissions of various air pollutants.
    The proposed Consent Decree would resolve the claim alleged in the 
Complaint filed in this matter in exchange for PG&E's commitment to 
perform injunctive relief including: (1) Achieving more stringent 
limits for emissions of nitrogen oxides (NO<INF>X</INF>) and carbon 
monoxide; and (2) installing and operating two computer software 
programs that are designed to limit the number of start-ups and shut-
downs that the Gateway plant will experience and to further reduce 
NO<INF>X</INF> emissions. The proposed Consent Decree also requires 
PG&E to pay a $20,000 civil penalty.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
mailed either electronically to <a href="/cdn-cgi/l/email-protection#2656534445494b4b4348520b434355084348544266535542494c08414950"><span class="__cf_email__" data-cfemail="b5c5c0d7d6dad8d8d0dbc198d0d0c69bd0dbc7d1f5c0c6d1dadf9bd2dac3">[email protected]</span></a> or in 
hard copy to the United States Department of Justice, P.O. Box 7611, 
Ben Franklin Station, Washington, DC 20044-7611. Comments should refer 
to United States v. Pacific Gas & Electric Company, Civil Action No. 
09-4503 (N.D. Cal.) and D.J. Ref. No. 90-5-2-1-09753.
    The Consent Decree may be examined at: (1) The offices of the 
United States Department of Justice, 301 Howard Street, San Francisco, 
California 94105; and (2) the offices of the U.S. Environmental 
Protection Agency, Region 9, 75 Hawthorne St., San Francisco, CA 94105. 
During the public comment period, the Consent Decree may also be 
examined on the following Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail 
from the Department of Justice Consent Decree Library, P.O. Box 7611, 
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood (<a href="/cdn-cgi/l/email-protection#51253e3f38307f373d343425263e3e35112422353e3b7f363e27"><span class="__cf_email__" data-cfemail="9febf0f1f6feb1f9f3fafaebe8f0f0fbdfeaecfbf0f5b1f8f0e9">[email protected]</span></a>), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $5.25 
(21 pages at 25 cents per page reproduction costs) payable to the U.S. 
Treasury.

Maureen M. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-23923 Filed 10-2-09; 8:45 am]
BILLING CODE 4410-15-P


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