37798 Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Notices 

(b) The New Source Performance 

Standards (‘‘NSPS’’) provisions of the 

Act, 42 U.S.C. 7411; 

(c) Title V of the Act, 42 U.S.C. 7661 

et seq.; and 

(d) The federally-enforceable State 

Implementation Plan (‘‘SIP’’) developed 

by the Commonwealth of Kentucky. 

EKPC operates three coal-fired power 

plants in Kentucky: The Spurlock Plant, 

located near Maysville, Kentucky, the 

Dale Plant, located near Winchester, 

Kentucky, and the Cooper Plant, located 

near Somerset, Kentucky. The 

complaint filed by the United States 

alleges that EKPC modified Spurlock 

Unit 2 and Dale Units 3 and 4 without 

complying with PSD (including the 

requirements to first obtain a PSD 

permit authorizing the modifications 

and to install and operate the best 

available technology to control 

emissions of sulfur dioxide (‘‘SO2’’), 

nitrogen oxides (‘‘NOx’’), and/or 

particulate matter (‘‘PM’’)), and 

modified Dale Units 3 and 4 without 

complying the NSPS. The Complaint 

also alleges that EKPC violated Title V 

of the Act by failing to include the PSD 

and NSPS requirement triggered by its 

modifications in its Title V operating 

permits for the Spurlock and Dale 

plants. Finally, the Complaint alleges 

that EKPC illegally operated Spurlock 

Unit 2 at heat input capacities that were 

higher than allowed by its operating 

permit. 

The proposed Consent Decree would 

require EKPC to reduce SO2, NOx and 

PM emissions at its plants through the 

installation and operation of state-ofthe-art pollution control technologies 

and/or the retirement or re-powering of 

certain units. In addition, the proposed 

Consent Decree would require EKPC to 

install and operate wet electrostatic 

precipitators at its Spurlock Plant, 

which are designed to control sulfuric 

acid mist from coal-fired power plants, 

as a means of mitigating the harm 

caused by the alleged violations. 

Finally, the proposed Consent Decree 

would require EKPC to pay a $750,000 

civil penalty. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environmental 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 

20044–7611, and should refer to United 

States v. East Kentucky Power 

Cooperative, D.J. Ref. No. 90–5–2–1–

08085. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Eastern District of Kentucky, 

260 West Vine Street, Suite 300, 

Lexington, Kentucky, 40507–1612, and 

at U.S. EPA Region IV, 61 Forsyth 

Street, SW., Atlanta, Georgia, 30303–

8960. During the public comment 

period, the Consent Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Constent_Decrees.html. A copy of the 

Consent 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 $18.50 (25 cents per 

page reproduction cost) payable to the 

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

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

W. Benjamin Fisherow, 

Deputy Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–3368 Filed 7–10–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on July 3, 

2007, a proposed Remedial Design/ 

Remedial Action Consent Decree 

(‘‘Decree’’) in United States v. Findett 

Real Estate Corp., et al., Civil Action 

No. 07–1215 was lodged with the 

United States District Court for the 

Eastern District of Missouri. 

The Decree resolves claims of the 

United States and the State of Missouri 

against the settling defendants brought 

under the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, (‘‘CERCLA’’), 

42 U.S.C. 9601 et seq., for declaratory 

relief, injunctive relief, and recovery of 

response costs incurred and to be 

incurred by the United States in 

connection with the release of 

hazardous substances at operable unit 3 

(‘‘OU3’’) of the Hayford Bridge Road 

Groundwater Site located in St. Charles, 

Missouri (‘‘Site’’). The Decree requires 

six of the settling defendants to perform 

the remedy selected by EPA for OU3 

and the remaining settling defendants to 

pay their allocated share of the costs to 

implement the remedy, including EPA 

oversight costs. The work to be 

performed by the settling defendants at 

OU3 is expected cost about $1.12 

million. 

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, Environmental 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 

20044–7611, and should refer to United 

States v. Findett Real Estate Corp., et al., 

Civil Action No. 07–1215 (E.D. 

Missouri), D.J. Ref. 90–11–2–417/2. 

The Decree may be examined at the 

Office of the United States Attorney, 

Eastern District of Missouri, 111 S. 10th 

Street, 20th Floor, St. Louis, Missouri 

63102, and at U.S. EPA Region VII, 901 

N. 5th Street, Kansas City, Kansas 

66101. 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 $50.50 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by email or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. In requesting a copy exclusive 

of exhibits and defendants’ signatures, 

please enclose a check in the amount of 

$12.00 (25 cents per page reproduction 

cost) payable to the U.S. Treasury. 

Robert E. Maher, Jr., 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 07–3367 Filed 7–10–07; 8:45 am] 

BILLING CODE 4410–15–M 


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