[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23203-23204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11458]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modifications of the Consent Decree 
Entered in United States et al. v. Illinois Power Company and Dynegy 
Midwest Generation

    Notice is hereby given that on April 27, 2009, the United States 
lodged Proposed Consent Decree Modifications in the United States 
District Court for the Southern District of Illinois in the matter 
captioned United States et al. v. Illinois Power Company and Dynegy 
Midwest Generation, Inc. (Civil Action No. 99-833-MJR). These proposed 
modifications were jointly agreed to by the United States, the State of 
Illinois, the four citizen groups co-plaintiffs--the American Bottom 
Conservancy, Health and Environmental Justice-St. Louis, Inc., Illinois 
Stewardship Alliance, and

[[Page 23204]]

the Prairie Rivers Network--and Dynegy Midwest Generation (``DMG'').
    The proposed modifications affect Section I of Appendix A, 
Mitigation project Requirements, under which DMG is required to 
complete installation of Advanced Truck Stop Electrification 
(``ATSE''), preferably at State of Illinois-owned rest areas along 
Illinois interstate highways in the St. Louis Metro-East area. In 
accordance with this requirement, in 2006, DMG arranged for the 
development of 81 electrification units at one facility in East St. 
Louis, spending approximately $959,293 of the $1.5 million required 
project dollars. Thereafter, DMG encountered difficulties implementing 
a second ATSE project site and, in December, 2007, the Court extended 
the deadline for completion of the ATSE project for one year (i.e., 
until December 31, 2008) in recognition of the difficulties in securing 
a second truck stop location. By July, 2008, the Parties concluded 
that, despite diligent efforts, DMG was unable to complete the ATSE 
project, and thereafter agreed to seek modification of the Consent 
Decree to provide for an alternative environmental mitigation project 
to spend the balance of the project dollars. To this end, the Parties 
have agreed to two related modifications to the Consent Decree. First, 
the Parties have agreed that DMG may have until May 31, 2011 to 
complete an approved mitigation project with the remaining $540,707. 
Second, the Parties have agreed to require DMG to spend these funds to 
retrofit diesel-powered, in-service, school bus and municipal vehicles 
with technology to reduce emissions of PM, VOC and/or NO<INF>X</INF>. 
This work will be facilitated by Illinois EPA, through that agency's 
``Illinois Clean School Bus Program'' or the ``Illinois Clean Diesel 
Grant Program,'' and will be aimed at eligible fleets in southwestern 
Illinois. DMG's Baldwin Power Station is located in Randolph County, 
and the intent of the Parties is to retrofit fleets to reduce emissions 
as near to the plant as possible.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the above-
described Proposed Consent Decree Modification. Comments should be 
addressed to the Assistant Attorney General, Environmental and Natural 
Resources Division, and either e-mailed to <a href="/cdn-cgi/l/email-protection#1f6f6a7d7c7072727a716b327a7a6c317a716d7b5f6a6c7b707531787069"><span class="__cf_email__" data-cfemail="c9b9bcabaaa6a4a4aca7bde4acacbae7aca7bbad89bcbaada6a3e7aea6bf">[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. Illinois Power Company and Dynegy Midwest Generation, Inc., D.J. 
Ref. No. 90-5-2-1-06837. During the public comment period, the proposed 
modification to 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 proposed modification 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#562239383f3778303a3333222139393216232532393c78313920"><span class="__cf_email__" data-cfemail="760219181f1758101a1313020119191236030512191c58111900">[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 $4.00 
(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. E9-11458 Filed 5-15-09; 8:45 am]
BILLING CODE 4410-15-P


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