80 FR 42840 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 138 (July 20, 2015)

[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Page 42840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17711]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On July 15, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Iowa in the lawsuit entitled United States, et al. v. 
Interstate Power and Light Company, Civil Case No. 1:15-cv-00061 (N.D. 
Iowa). The State of Iowa, Linn County Iowa, and the Sierra Club are co-
plaintiffs in the case.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States alleges that Interstate Power and Light 
Company (``Defendant''), failed to comply with certain requirements of 
the Act intended to protect air quality at power plants in Iowa. The 
complaint seeks injunctive relief and civil penalties for violations of 
the Clean Air Act's Prevention of Significant Deterioration (``PSD'') 
provisions, 42 U.S.C. 7470-92, and various Clean Air Act implementing 
regulations. Specifically, the complaint alleges that Defendant failed 
to obtain appropriate permits and failed to install and operate 
required pollution control devices to reduce emissions of sulfur 
dioxide (``SO2'') and/or nitrogen oxides 
(``NOX'') at the company's Ottumwa and Lansing plants.
    The proposed Consent Decree would resolve violations for certain 
provisions of the Act at the Ottumwa and Lansing plants as well as 
Defendant's five other coal-fired power plants in Iowa: The Burlington, 
Dubuque, M.L. Kapp, Prairie Creek, and Sutherland plants. The proposed 
Consent Decree would require the Defendant to reduce harmful 
SO2, NOX, and particulate matter emissions from 
these seven plants through the installation and operation of pollution 
controls and conversions to natural gas or retirements. The Defendant 
will also spend $6,000,000 to fund environmental mitigation projects 
that will further reduce emissions and benefit communities adversely 
affected by the pollution from the plants, and pay a civil penalty of 
$1,100,000.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States, et al. v. Interstate Power and Light 
Company, Civil Case No. 1:15-cv&00061 (N.D. Iowa), D.J. Ref. No. 90-5-
2-1-10594. All comments must be submitted no later than thirty (30) 
days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed 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 Consent Decree 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 $ 29.50 (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. 2015-17711 Filed 7-17-15; 8:45 am]
BILLING CODE 4410-15-P