Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 / Notices 56791 

and state requirements for participation 

in emissions allowance trading 

programs, and without installing 

nitrogen oxide emissions controls 

required under the Acid Rain provisions 

of the Act. 

The complaint also alleges that EKPC 

violated Title V of the Act by operating 

without a permit that included Acid 

Rain requirements for Dale Units 1 and 

2, and that EKPC violated Kentucky’s 

SIP by failing to purchase and retire 

nitrogen oxide ozone season emissions 

allowances for Dale Units 1 and 2. 

The proposed Consent Decree would 

require EKPC to install and operate 

nitrogen oxide emissions controls on 

Dale Units 1 and 2, to continuously 

operate pollution monitoring equipment 

for those units, and to apply for 

appropriate permits. The proposed 

Consent Decree would also require 

EKPC to pay a fixed penalty of 

$11,400,000 over six years, with the 

possibility of additional penalty 

payments if EKPC meets certain 

thresholds of financial performance. 

The Department of Justice will receive 

comments relating to the 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 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–

08835. 

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/ 

Consent_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 $12.75 (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. 07–4902 Filed 10–3–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Proposed Settlement 

Agreement Under the Park System 

Resource Protection Act 

Notice is hereby given that the United 

States Department of Justice, on behalf 

of the U.S. Department of the Interior, 

National Park Service (‘‘DOI’’) has 

reached a settlement with Alexander 

Morera regarding claims for response 

costs and damages under the Park 

System Resource Protection Act 

(‘‘PSRPA’’), 16 U.S.C. 19jj et seq. 

The United States’ claim arises from 

the grounding of the vessel ‘‘Sea Curity’’

in Biscayne National Park on February 

1, 2004. The grounding damaged the 

area’s seagrass bed and supporting 

habitat. Pursuant to the Agreement, the 

United States will recover $295,000. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Settlement Agreement. 

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 

20044–7611, and should refer to the 

Settlement Agreement between the 

United States and Alexander Morera, 

DOJ Ref. No. 90–5–1–1–08731. 

The proposed Settlement Agreement 

may be examined at Biscayne National 

Park, 9700 SW., 328th St., Homestead, 

FL 33033, and at the Department of the 

Interior, Office of the Solicitor, 

Southeast Regional Office, Richard B. 

Russell Federal Building, 75 Spring 

Street, SW., Atlanta, Georgia 30303. 

During the public comment period, the 

Settlement Agreement may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Settlement Agreement 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 

$2.50 (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. 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 07–4900 Filed 10–3–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to Toxic Substances Control 

Act 

Notice is hereby given that on 

September 18, 2007, a proposed consent 

decree in United States, et al. v. 

Transformer Services Inc., 1:07–cv–

00296–SM, was lodged with the United 

States District Court for the District of 

New Hampshire. 

The proposed Consent Decree will 

settle the United States’ claims for 

violations of the Toxic Substances 

Control Act, 15 U.S.C. 2601, et seq., 

related to Transformer Services Inc.’s, 

(‘‘TSI’’) failure to dispose of PCB waste 

within one year from the date the waste 

was designated for disposal. Pursuant to 

the proposed Consent Decree, TSI will 

continue compliance with the terms of 

the January 30, 2001 Consent Agreement 

and Order except that, beginning on the 

effective date of the proposed Consent 

Decree, TSI agrees to fund the closure 

trust fund at $1500 per month (instead 

of the current $700 per month). The 

proposed Consent Decree further sets 

forth an enforceable schedule for TSI to 

finalize a clean-up resulting from a 

minor release of PCBs at its facility. 

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 of the 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment–ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, Department of 

Justice, Washington, DC 20044-7611, 

and should refer to United States, et al. 

v. Transformer Services Inc., D.J. Ref. 

90–5–1–1–08721. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, District of New Hampshire, 55 

Pleasant Street, Concord, New 

Hampshire, and at the United States 

Environmental Protection Agency, 


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