[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58887-58888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5126]


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DEPARTMENT OF JUSTICE


Notice of Lodging of the ``AEP'' Proposed Consent Decree Under 
the Clean Air Act

    Pursuant to 28 CFR 50.7, notice is hereby given that on October 9, 
2007 a proposed Consent Decree (``Consent Decree'') in United States, 
et al. v. American electric Power Service Corporation, et al., Civil 
Actions Nos. C2-99-1182, C2-99-1250, C2-04-1098, and C2-05-360, was 
lodged with the United States District Court for the Southern District 
of Ohio.
    In these civil enforcement actions under the federal Clean Air Act 
(``Act''), the United States alleges that several American Electric 
Power subsidiaries (collectively (``AEP'') failed to comply with the 
New Source Review provisions of the Act and the State Implementation 
Plans of Indiana, Ohio, Virginia, and West Virginia. The complaints 
allege that AEP violated the Act by failing to (i) seek permits prior 
to making major modifications and (ii) install appropriate pollution 
control devices to reduce emissions of air pollutants from units at the 
following power plants: Tanners Creek in Indiana; Cardinal, Conesville, 
and Muskingum River in Ohio; Clinch River in Virginia; Amos, Kammer, 
Mitchell, and Sporn in West Virginia. The complaints seek both 
injunctive relief and civil penalty.
    The Consent Decree lodged with the Court addresses all units at the 
nine power plants listed above as well as all units at the following 
seven AEP plants that were not part of the litigation: Rockport in 
Indiana; Big Sandy in Kentucky; Gavin and Picway in Ohio; Glen Lyn in 
Virginia; and Kanawha River and Mountaineer in West Virginia. The 
Consent Decree requires installation, upgrading, and continuous 
operation of pollution control devices on a number of the 46 units at 
the sixteen plants addressed in the settlement. The Consent Decree also 
imposes emissions caps that limit the total amount of nitrogen oxides 
and sulfur dioxide that can be collectively emitted by all 46 units at 
these plants, with a series of increasingly stringent limits beginning 
in 2009.
    The Consent Decree also requires AEP to pay the United States a 
civil fine of $15 million and to pay $60 million for environmental 
mitigation projects, including projects to acquire and restore 
ecologically sensitive land in eastern states downwind of AEP plants, 
restore or improve watersheds and forests in national parks affected by 
past emissions, reduce nitrogen loading in Chesapeake Bay, reduce 
emissions from sources in AEP's vehicle fleet, and other projects to be 
directed by settling states.
    The States of Connecticut, Maryland, New Hampshire, New Jersey, New 
York, Rhode Island, Vermont, and the Commonwealth of Massachusetts have 
signed the Consent Decree as co-plaintiffs, as have the following 
citizens groups: Citizens Action Coalition of Indiana, Clean Air 
Council, Hossier Environmental Council, Indiana Wildlife Federation, 
Izaak Walton League of America, League of Ohio Sportsmen, National 
Wildlife Federation, Natural Resources Defense Council, Inc., Ohio 
Citizen Action, Ohio Valley Environmental Coalition, Sierra Club, 
United States Public Interest Research Group, and West Virginia 
Environmental Council.
    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, 
Environment and Natural Resources Division, and either emailed to 
<a href="/cdn-cgi/l/email-protection#bacacfd8d9d5d7d7dfd4ce97dfdfc994dfd4c8defacfc9ded5d094ddd5cc"><span class="__cf_email__" data-cfemail="acdcd9cecfc3c1c1c9c2d881c9c9df82c9c2dec8ecd9dfc8c3c682cbc3da">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. 
department of Justice. Washington, DC 20044-7611, and should refer to 
United States, et al, v. American Electric Power Service Corporation, 
et al., D.J. Ref. 90-5-2-1-06893.
    The Consent Decree may be examined at the Office of the United 
States Attorney for the Southern District of Ohio, located at 303 
Marconi Boulevard, Suite 200, Columbus, Ohio 43215; at U.S. EPA Region 
3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029; at U.S. EPA 
Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960; or at U.S. EPA Region 5, 77 W. Jackson 
Blvd., Chicago, Illinois 60604-4590. 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 (<a href="/cdn-cgi/l/email-protection#cabea5a4a3abe4aca6afafbebda5a5ae8abfb9aea5a0e4ada5bc"><span class="__cf_email__" data-cfemail="d6a2b9b8bfb7f8b0bab3b3a2a1b9b9b296a3a5b2b9bcf8b1b9a0">[email protected]</span></a>, fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In

[[Page 58888]]

requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $30.25 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 07-5126 Filed 10-16-07; 8:45 am]
BILLING CODE 4410-15-M


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