[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Pages 75272-75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9669]


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DEPARTMENT OF JUSTICE


Notice of Filing of Proposed Amendment to the Consent Decree 
Between the United States, the State of New Jersey, and PSEG Fossil LLC 
To Resolve Certain Alleged Violations of the Clean Air Act

    Notice is hereby given that on November 30, 2006, the United States 
filed with the United States District Court for the District of New 
Jersey, in Case No. 02-CV-340, a motion for judicial approval of a 
proposed amendment (``Amendment'') to the consent decree entered on 
July 26, 2002 (the ``Consent Decree'') which resolved certain claims of 
the United States and New Jersey against PSEG Fossil LLC (``PSEG'') 
under the Prevention of Significant Deterioration and New Source Review 
provisions of the Clean Air Act, 42 U.S.C. 7470-7492.
    The Amendment follows a request by PSEG for additional time in 
which to install and commence operation of the pollution control 
technologies specified

[[Page 75273]]

in the Consent Decree at Unit 2 of its Hudson plant, the largest coal-
fired electricity generating unit in PSEG's New Jersey fleet. In 
exchange for allowing PSEG to follow a revised compliance schedule that 
will delay the installation of controls at this unit, the United States 
and New Jersey have secured commitments from PSEG to install and 
operate emission controls and implement emission reductions measures at 
this unit and at other units in the PSEG system to ensure that the 
Amendment's emission reductions are equivalent to, and certain aspects 
superior to, the original Consent Decree. the proposed amendment also 
requires PSEG to pay a civil penalty of $6 million for PSEG's failure 
to timely comply with the Consent Decree's schedule for installing and 
operating the emission controls at Hudson Unit 2. In addition, the 
Amendment requires PSEG to spend $3.25 million on environmentally 
beneficial projects in New Jersey. The State of New Jersey is a 
signatory to the Consent Decree and the proposed Amendment.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Amendment. 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. PSEG Fossil LLC, D.J. Ref. No. 90-5-2-1-1866/
1.
    The proposed Amendment, as well as a copy of the original Consent 
Decree cross-referenced in the Amendment, may be examined at the Office 
of the United States Attorney, District of New Jersey, Peter Rodino 
Federal Building, 970 Broad Street, 7th Floor, Newark, New Jersey 
07102, and at U.S. EPA Region II, 290 Broadway, New York, New York 
10007. During the public comment period, the proposed Amendment and the 
Consent Decree 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 Amendment and the Consent Decree may 
also be obtained by faxing or e-mailing a request to Tonia Fleetwood 
(<a href="/cdn-cgi/l/email-protection#20544f4e49410e464c454554574f4f44605553444f4a0e474f56"><span class="__cf_email__" data-cfemail="671308090e0649010b0202131008080327121403080d49000811">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy of the Amendment from the 
Consent Decree Library, please enclose a check in the amount of $8 (25 
cents per page reproduction cost) payable to the U.S. Treasury. In 
requesting a copy of the original Consent Decree from the Consent 
Decree Library, please enclose a check in the amount of $17.25 (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. 06-9669 Filed 12-13-06; 8:45 am]
BILLING CODE 4410-15-M


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