[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Notices]
[Page 32504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13550]



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DEPARTMENT OF JUSTICE




Notice of Lodging of Proposed Consent Decree With American 

Municipal Power, Inc. Under the Clean Air Act



    Pursuant to 28 CFR 50.7, notice is hereby given that on May 18, 

2010, a proposed Consent Decree in United States of America v. American 

Municipal Power, Inc. (``AMP''), Civil Action No. 2:10-cv-438, was 

lodged with the United States District Court for the Southern District 

of Ohio.

    The Consent Decree addresses alleged violations of the Clean Air 

Act, 42 U.S.C. 7401-7671 et seq., and state and federal implementing 

regulations, which occurred at the R.H. Gorsuch Generating Station, a 

coal-fired power plant owned and operated by AMP in Marietta, Ohio. The 

alleged violations arise from the construction of modifications at the 

power plant and operation of the plant in violation of the Prevention 

of Significant Deterioration (PSD) and Nonattainment New Source Review 

(NNSR) provisions of the Clean Air Act, 42 U.S.C. 7475, 7503, the New 

Source Performance Standards provisions of the Clean Air Act, 42 U.S.C. 

7411, Title V of the Act, 42 U.S.C. 7661 et seq., and the Title V 

permit for the plant. The complaint alleges that AMP failed to obtain 

appropriate permits and failed to install and apply required pollution 

controls to control emissions of various air pollutants.

    The proposed Consent Decree would resolve the claims alleged in the 

Complaint filed in this matter in exchange for AMP's commitment to 

permanently shutdown and retire all four units at the Gorsuch Station, 

pay a $850,000 civil penalty, and spend $15 million on energy 

efficiency projects to mitigate the alleged adverse effects of its past 

violations.

    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 e-mailed to 

<a href="/cdn-cgi/l/email-protection#6c1c190e0f0301010902184109091f4209021e082c191f080306420b031a"><span class="__cf_email__" data-cfemail="bdcdc8dfded2d0d0d8d3c990d8d8ce93d8d3cfd9fdc8ced9d2d793dad2cb">[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 v. American Municipal Power, Inc., D.J. Ref. 90-5-2-1-

09886

    The Consent Decree may be examined at the Office of the United 

States Attorney for the Southern District of Ohio, located at 280 North 

High Street, Columbus, Ohio 43215; 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#b1c5dedfd8d09fd7ddd4d4c5c6deded5f1c4c2d5dedb9fd6dec7"><span class="__cf_email__" data-cfemail="0b7f6465626a256d676e6e7f7c64646f4b7e786f6461256c647d">[email protected]</span></a>), 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 $14.50 

(25 cents per page reproduction cost) payable to the U.S. Treasury.



Maureen Katz,

Assistant Chief, Environmental Enforcement Section, Environment and 

Natural Resources Division.

[FR Doc. 2010-13550 Filed 6-7-10; 8:45 am]

BILLING CODE 4410-15-P




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