80_FR_37428 80 FR 37303 - Notice Lodging of Proposed Joint Stipulation To Modify Consent Decree Under the Clean Air Act

80 FR 37303 - Notice Lodging of Proposed Joint Stipulation To Modify Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37303-37303
FR Document2015-16021

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Page 37303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16021]


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DEPARTMENT OF JUSTICE


Notice Lodging of Proposed Joint Stipulation To Modify Consent 
Decree Under the Clean Air Act

    On June 25, 2015, the Department of Justice lodged a proposed Joint 
Stipulation to Modify Consent Decree with the United States District 
Court for the Northern District of Alabama in the lawsuit entitled 
United States v. Alabama Power Company, Civil Action No. 2:01-cv-00152-
VEH.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleged that Alabama Power Company failed 
to comply with certain requirements of the Act intended to protect air 
quality at coal-fired electric generating stations located in Alabama. 
Specifically, the complaint requested injunctive relief and civil 
penalties for violations of the Clean Air Act's Prevention of 
Significant Deterioration provisions, 42 U.S.C. 7470-92, and various 
Clean Air Act implementing regulations. On April 25, 2006, the District 
Court entered a partial consent decree settling some of the claims 
alleged in the complaint. The proposed Joint Stipulation to Modify 
Consent Decree would modify the partial consent decree to settle the 
remaining claims in the litigation to secure additional reductions in 
emissions of sulfur dioxide and nitrogen oxides through the operation 
of emissions controls and unit retirements and conversions to natural 
gas operation. Alabama Power will also pay a civil penalty of $100,000 
and pay $1,500,000 to fund environmental mitigation projects that will 
further reduce emissions and benefit communities in Alabama.
    The publication of this notice opens a period for public comment on 
the proposed Joint Stipulation to Modify Consent Decree. Comments 
should be addressed to the Assistant Attorney General, Environment and 
Natural Resources Division, and should refer to United States v. 
Alabama Power Company, D.J. Ref. No. 90-5-2-1-06994. All comments must 
be submitted no later than thirty (30) days after the publication date 
of this notice. Comments may be submitted by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Joint Stipulation to 
Modify Consent Decree may be examined and downloaded at this Justice 
Department Web site: http://www.justice.gov/enrd/consent-decrees. We 
will provide a paper copy of the proposed modification upon written 
request and payment of reproduction costs. Please mail your request and 
payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, 
Washington, DC 20044-7611.
    Please enclose a check or money order for $ 6.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-16021 Filed 6-29-15; 8:45 am]
 BILLING CODE 4410-19-P



                                                                                      Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                               37303

                                                    To submit                                                  emissions of sulfur dioxide and nitrogen                 DEPARTMENT OF LABOR
                                                                         Send them to:
                                                    comments:                                                  oxides through the operation of
                                                                                                               emissions controls and unit retirements                  Employment and Training
                                                    By email .......     pubcomment-ees.enrd@                                                                           Administration
                                                                                                               and conversions to natural gas
                                                                           usdoj.gov.
                                                    By mail .........    Assistant Attorney General,           operation. Alabama Power will also pay
                                                                                                               a civil penalty of $100,000 and pay                      [TA–W–85,562]
                                                                           U.S. DOJ–ENRD, P.O. Box
                                                                           7611, Washington, DC                $1,500,000 to fund environmental
                                                                                                                                                                        Unimin Corporation, Gleason,
                                                                           20044–7611.                         mitigation projects that will further                    Tennessee; Notice of Affirmative
                                                                                                               reduce emissions and benefit                             Determination Regarding Application
                                                      During the public comment period,                        communities in Alabama.
                                                    the proposed Consent Decree may be                                                                                  for Reconsideration
                                                    examined and downloaded at this                              The publication of this notice opens
                                                                                                               a period for public comment on the                          By application dated December 3,
                                                    Justice Department Web site: http://                                                                                2014, a worker requested administrative
                                                    www.justice.gov/enrd/consent-decrees.                      proposed Joint Stipulation to Modify
                                                                                                                                                                        reconsideration of the negative
                                                    We will provide a paper copy of the                        Consent Decree. Comments should be
                                                                                                                                                                        determination regarding workers’
                                                    proposed Consent Decree upon written                       addressed to the Assistant Attorney
                                                                                                                                                                        eligibility to apply for worker
                                                    request and payment of reproduction                        General, Environment and Natural                         adjustment assistance applicable to
                                                    costs. Please mail your request and                        Resources Division, and should refer to                  workers and former workers of Unimin
                                                    payment to: Consent Decree Library,                        United States v. Alabama Power                           Corporation, Gleason, Tennessee
                                                    U.S. DOJ–ENRD, P.O. Box 7611,                              Company, D.J. Ref. No. 90–5–2–1–                         (subject firm). The determination was
                                                    Washington, DC 20044–7611.                                 06994. All comments must be submitted                    issued on November 7, 2014. The
                                                      Please enclose a check or money order                    no later than thirty (30) days after the                 Department’s Notice of Determination
                                                    for $23.50 (25 cents per page                              publication date of this notice.                         was published in the Federal Register
                                                    reproduction cost) payable to the United                   Comments may be submitted by email                       on November 21, 2014 (79 FR 69535).
                                                    States Treasury.                                           or by mail:                                                 Pursuant to 29 CFR 90.18(c)
                                                    Maureen Katz,                                                                                                       reconsideration may be granted under
                                                    Assistant Section Chief, Environmental                     To submit                                                the following circumstances:
                                                                                                                                    Send them to:
                                                    Enforcement Section, Environment and                       comments:                                                   (1) If it appears on the basis of facts
                                                    Natural Resources Division.                                                                                         not previously considered that the
                                                                                                               By email .......     pubcomment-ees.enrd@
                                                    [FR Doc. 2015–15952 Filed 6–29–15; 8:45 am]
                                                                                                                                      usdoj.gov.                        determination complained of was
                                                    BILLING CODE 4410–15–P                                     By mail .........    Assistant Attorney General,         erroneous;
                                                                                                                                      U.S. DOJ—ENRD, P.O.                  (2) If it appears that the determination
                                                                                                                                      Box 7611, Washington, DC          complained of was based on a mistake
                                                    DEPARTMENT OF JUSTICE                                                             20044–7611.                       in the determination of facts not
                                                                                                                                                                        previously considered; or
                                                    Notice Lodging of Proposed Joint                                                                                       (3) If in the opinion of the Certifying
                                                    Stipulation To Modify Consent Decree                         During the public comment period,
                                                                                                               the proposed Joint Stipulation to Modify                 Officer, a misinterpretation of facts or of
                                                    Under the Clean Air Act                                                                                             the law justified reconsideration of the
                                                                                                               Consent Decree may be examined and
                                                      On June 25, 2015, the Department of                                                                               decision.
                                                                                                               downloaded at this Justice Department
                                                    Justice lodged a proposed Joint                                                                                        The initial investigation resulted in a
                                                                                                               Web site: http://www.justice.gov/enrd/
                                                    Stipulation to Modify Consent Decree                                                                                negative determination based on the
                                                                                                               consent-decrees. We will provide a
                                                    with the United States District Court for                                                                           findings that the subject firm did not
                                                                                                               paper copy of the proposed                               increase imports or shift production
                                                    the Northern District of Alabama in the
                                                                                                               modification upon written request and                    abroad.
                                                    lawsuit entitled United States v.
                                                    Alabama Power Company, Civil Action                        payment of reproduction costs. Please                       The request for reconsideration
                                                    No. 2:01–cv–00152–VEH.                                     mail your request and payment to:                        asserts that increased imports of articles
                                                      In this civil enforcement action under                   Consent Decree Library, U.S. DOJ—                        directly competitive with the ‘‘slurry’’
                                                    the federal Clean Air Act (‘‘Act’’), the                   ENRD, P.O. Box 7611, Washington, DC                      articles produced at the subject firm
                                                    United States alleged that Alabama                         20044–7611.                                              contributed to worker separations and,
                                                    Power Company failed to comply with                          Please enclose a check or money order                  consequently, that the Department’s
                                                    certain requirements of the Act intended                   for $ 6.25 (25 cents per page                            initial investigation was too limited in
                                                    to protect air quality at coal-fired                       reproduction cost) payable to the United                 scope.
                                                    electric generating stations located in                    States Treasury.                                            The Department of Labor has carefully
                                                    Alabama. Specifically, the complaint                                                                                reviewed the request for reconsideration
                                                    requested injunctive relief and civil                      Maureen Katz,                                            and the existing record, and has
                                                    penalties for violations of the Clean Air                  Assistant Section Chief, Environmental                   determined that the Department will
                                                    Act’s Prevention of Significant                            Enforcement Section, Environment and                     conduct further investigation to
                                                    Deterioration provisions, 42 U.S.C.                        Natural Resources Division.                              determine if the workers meet the
                                                    7470–92, and various Clean Air Act                         [FR Doc. 2015–16021 Filed 6–29–15; 8:45 am]              eligibility requirements of the Trade Act
                                                    implementing regulations. On April 25,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                               BILLING CODE 4410–19–P                                   of 1974.
                                                    2006, the District Court entered a partial
                                                    consent decree settling some of the                                                                                 Conclusion
                                                    claims alleged in the complaint. The                                                                                  After careful review of the
                                                    proposed Joint Stipulation to Modify                                                                                application, I conclude that the claim is
                                                    Consent Decree would modify the                                                                                     of sufficient weight to justify
                                                    partial consent decree to settle the                                                                                reconsideration of the U.S. Department
                                                    remaining claims in the litigation to                                                                               of Labor’s prior decision. The
                                                    secure additional reductions in                                                                                     application is, therefore, granted.


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Document Created: 2018-02-22 11:17:04
Document Modified: 2018-02-22 11:17:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 37303 

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