[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67640-67641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9353]


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DEPARTMENT OF JUSTICE


Notice of Filing of Proposed Stipulation by the United States To 
Resolve Certain Alleged Violations of a Clean Air Act Consent Decree 
With Alcoa, Inc.

    Notice is hereby given that on November 15, 2006, the United States 
filed with the United States District Court for the Western District of 
Texas, in Cast No. A-03-CA-222-SS, a motion for judicial approval of a 
stipulation that it has entered into with Defendant Alcoa Inc. 
(``Alcoa'') and Intervenor-Defendant TXU Sandow Development Company LP 
(``TXU Sandow'') to resolve certain alleged violations of the Consent 
Decree in this action. The specific alleged violations addressed by the 
stipulation relate to Alcoa's failure to commence construction of one 
or more new units (the ``Replacement Sandow Units'') to replace the 
three existing electricity generating units (the ``Existing Sandow 
Units'') at Alcoa's Rockdale, Texas, facility by April 25, 2005; and 
Alcoa's anticipated failure to commence operation of the new 
replacement units by April 25, 2007. The relief provided by the 
stipulation is set forth in a proposed order (``Stipulated Order'') 
that the United States tendered with its motion. This Stipulated Order 
provides for, among other things:
    <bullet> Payment of $859,000 in stipulated penalties as part of the 
resolution of Alcoa's anticipated failure to commence timely operation 
of the Replacement Sandow Units by April 25, 2007;
    <bullet> Shutdown of the three Existing Sandow Units by December 
31, 2006, roughly four months earlier than required by the consent 
decree;
    <bullet> A commitment by Alcoa and TXU Sandow to commence operation 
of the Replacement Sandow Unit with full emission controls by no later 
than August 31, 2009;
    <bullet> A commitment by Alcoa and TXU Sandow to achieve an 
emission rate for NO<INF>X</INF> at the Replacement Sandow Unit that is 
20% lower than the rate currently provided for in the Consent Decree; 
and
    <bullet> A commitment by TXU Sandow to install selective catalytic 
reduction system (``SCR'') to eliminate most of the remaining 
NO<INF>X</INF> emissions from Sandow Unit 4--a unit not previously 
addressed by the consent decree.
    The Stipulated Order also provides for the addition of TXU Sandow 
as a party to the Consent Decree, jointly and severally liable with 
Alcoa for the obligations pertaining to the Replacement Sandow Unit, 
and solely liable for the obligations pertaining to the SCR at Sandow 
Unit 4.
    The Department of Justice will receive for a period of twenty (20) 
days from the date of this publication comments relating to the 
proposed Stipulated Order. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
and should refer to United States v. Alcoa Inc., D.J. Ref. No. 90-5-2-
1-07723/1.
    The Unites States' Motion for Approval of Stipulation to Resolve 
Certain Alleged Violations of Consent Decree, including the proposed 
Stipulated Order, may be examined at the Office of the United States 
Attorney, Western District of Texas, 816 Congress Avenue, Suite 1000, 
Austin, Texas 78701, and at U.S. EPA Region VI, 1445 Ross Avenue, 
Dallas, TX 75202-2733. During the public comment period, the Motion and 
Stipulated Order may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. In 
addition, a copy of the proposed Stipulated Order may also be obtained 
by faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#4d392223242c632b212828393a2222290d383e292227632a223b"><span class="__cf_email__" data-cfemail="abdfc4c5c2ca85cdc7cecedfdcc4c4cfebded8cfc4c185ccc4dd">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a

[[Page 67641]]

copy from the Consent Decree Library, please enclose a check in the 
amount of $5.00 (25 cents per page reproduction cost) payable to the 
U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 06-9353 Filed 11-21-06; 8:45 am]
BILLING CODE 4410-15-M


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