19726 Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Notices 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Under 28 CFR 50.7, notice is hereby 

given that on March 29, 2007, a 

proposed consent decree with defendant 

MidAmerican Energy Company was 

lodged in the civil action United States 

v. MidAmerican Energy Company, Civil 

Action No. 07–2019, in the United 

States District Court for the Northern 

District of Iowa. 

In this action the United States 

sought, pursuant to Sections 106 and 

107 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (‘‘CERCLA’’), 42 U.S.C. 

9606 & 9607, to recover costs incurred 

in response to releases of hazardous 

substances at the Waterloo Coal-Gas 

Superfund Site (‘‘the Site’’) in Waterloo, 

Iowa, and to require defendant 

MidAmerican to implement EPA’s 

selected remedy at the Site. 

The proposed consent decree will 

resolve the United States’ claims against 

defendant MidAmerican. Under the 

terms of the proposed consent decree, 

defendant MidAmerican will implement 

the remedy for the Site as required in 

the proposed consent decree, and pay 

$87,117.25 to the United States. 

In return, the United States will grant 

MidAmerican a covenant not to sue 

under CERCLA with respect to the Site. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the proposed consent decree. 

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 the 

proposed consent decree with defendant 

MidAmerican Energy Company in 

United States v. MidAmerican Energy 

Company, D.J. Ref. 90–11–08733. 

The proposed consent decree may be 

examined at the office of the United 

States Attorney, 401 First Street, SE., 

Suite 400, Cedar Rapids, IA 52401–

1825. During the public comment 

period, the Consent Decree may be 

examined on the following Department 

of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html and may be 

obtained upon request from the Consent 

Decree Library, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611 or by faxing a request to 

Tonia Fleetwood, fax no. (202) 514–

0097, phone confirmation number (202) 

514–1547. In requesting a copy please 

refer to the referenced case and enclose 

a check in the amount of $26.75 (25 

cents per page reproduction costs), 

payable to the U.S. Treasury. 

Public comments may be submitted 

by e-mail to the following e-mail 

address: pubcommentees.enrd@usdoj.gov. 

Robert Maher, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–1925 Filed 4–18–07; 8:45 am] 

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DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on April 

3, 2007, a proposed Consent Decree 

(‘‘Decree’’) in United States and Nevada 

Division of Environmental Protection v. 

Nevada Power Company, Civil Action 

No. 2:07–CV–417, was lodged with the 

United States District Court for the 

District of Nevada. 

In this action the United States 

asserted claims against Nevada Power 

Company (‘‘NPC’’), pursuant to Section 

113(b) of the Clean Air Act (the ‘‘Act’’), 

42 U.S.C. 7413(b), as amended, for 

injunctive relief and the assessment of 

civil penalties for violations of the Act 

and the Act’s implementing regulations, 

including requirements established in 

the State of Nevada’s State 

Implementation Plan and NPC’s Title V 

Operating Permit, for numerous 

violations of visible air pollutants limits 

(opacity limits), as well as numerous 

additional violations of sampling, 

testing, monitoring, recordkeeping, and 

reporting requirements, facility 

operating requirements, New Source 

Performance Standards, and sulfur and 

sulfur dioxide emissions limits at NPC’s 

Reid Gardner Generating Station, 

located near Moapa, Nevada (‘‘Reid 

Gardner Station’’), approximately 50 

miles northeast of Las Vegas, Nevada. 

The Nevada Division of Environmental 

Protection (‘‘NDEP’’) joins the United 

States in the complaint and in the 

Decree. 

The Decree requires that NPC pay a 

$1.11 million civil penalty, $340,000 to 

be paid to the United States and 

$770,000 to be paid to NDEP. The 

Decree further requires that NPC 

undertake injunctive relief tailored to 

prevent future opacity violations at Reid 

Gardner Station, including the 

installation of natural gas igniters for 

Units 1–4, construction of a gas pipeline 

to the facility, and the addition of 

baghouses to control emissions from 

Units 1, 2, and 3. The Decree specifies 

that NPC must implement an 

Environmental Management Plan at 

Reid Gardner Station and conduct an 

audit to assess its compliance with its 

Title V Permit and the Act. Under the 

terms of the settlement NPC will also 

perform a supplemental environmental 

project for the United States, requiring 

the permanent retirement of a minimum 

of 282 tons of annual NOx emissions 

from Reid Gardner Station. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Decree. Comments should 

be addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and either e-mailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

2044–7611, and should refer to United 

States and Nevada Division of 

Environmental Protection v. Nevada 

Power Company, D.J. Ref. 90–5–2–1–

08653. 

The Decree may be examined at the 

Office of the United States Attorney for 

the District of Nevada, located at 333 

South Las Vegas Blvd., Lloyd George 

Federal Building, Las Vegas, Nevada, 

and at U.S. EPA Region 9, located at 75 

Hawthorne Street, San Francisco, 

California. During the public comment 

period, the Decree, may also be 

examined on the following Department 

of Justice Web-Site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov.), 

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 $24,.00 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or faxed, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. In requesting a copy exclusive 

of appendices to the Decree, please 

enclose a check in the amount of $11.25 

(25 cents per page reproduction costs) 

payable to the U.S. Treasury. 

Henry Friedman, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division. 

[FR Doc. 07–1924 Filed 4–18–07; 8:45 am] 

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