80 FR 55379 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 178 (September 15, 2015)

Page Range		55379-55380
FR Document		2015-23142

Federal Register, Volume 80 Issue 178 (Tuesday, September 15, 2015)

[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Notices]
[Pages 55379-55380]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23142]


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DEPARTMENT OF JUSTICE


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

    On September 10, 2015, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Middle 
District of North Carolina in the lawsuit entitled United States, et 
al. v. Duke Energy Corporation, Civil Case No. 1:00-cv-1262 (M.D.N.C). 
Environmental Defense, the North Carolina Sierra Club, and Environment 
North Carolina (formerly the North Carolina Public Interest Research 
Group) are co-plaintiffs in the case.
    In this civil enforcement action under the federal Clean Air Act 
(``Act''), the United States and its co-plaintiffs allege that Duke 
Energy Corporation (``Defendant''), failed to comply with certain 
requirements of the Act intended to protect air quality at power plants 
in North Carolina. 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'') nitrogen oxides 
(``NOX''), and/or particulate matter (``PM'') at electricity 
generating units at the following North Carolina plants: the Allen and 
Riverbend plants in Gaston County, the Buck plant in Rowan County, the 
Cliffside plant in Cleveland and Rutherford Counties, and the Dan River 
plant in Rockingham County.
    The proposed Consent Decree would resolve violations for certain 
provisions of the Act at Allen Units 1 and 2, Riverbend Units 4, 6, and 
7, Buck Units 3, 4, and 5, Cliffside Units 1, 2, 3, and 4, and Dan 
River Unit 3. Eleven of these thirteen units have been recently shut 
down, and the proposed settlement would render those retirements a 
permanent obligation under the Consent Decree. At the remaining units 
(Allen Units 1 and 2), the proposed Consent Decree requires Defendant 
to operate pollution controls and meet interim emission limitations 
prior to permanently retiring the units in 2024. In addition, Duke will 
retire an additional unit at the Allen plant, and spend $4,400,000 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 $975,000.
    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. Duke Energy Corporation, 
Civil Case No. 1:00-cv-1262 (M.D.N.C), D.J. Ref. No. 90-5-2-1-07155. 
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 e-mail...........................  [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.

[[Page 55380]]

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 $18.00 (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. 2015-23142 Filed 9-14-15; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55379

propose to implement a regional Joaquin River, and no additional water (‘‘PSD’’) provisions, 42 U.S.C. 7470–92,
solution to address water supply would be supplied to Del Puerto WD or and various Clean Air Act implementing
shortages within Del Puerto WD’s the Central Valley Project Improvement regulations. Specifically, the complaint
service area on the west side of the San Act refuges. alleges that Defendant failed to obtain
Joaquin River in San Joaquin, Stanislaus A Notice of Availability of the Draft appropriate permits and failed to install
and Merced Counties. Specifically, the EIS/EIR was published in the Federal and operate required pollution control
project proposes to deliver up to 59,000 Register on January 9, 2015 (80 FR devices to reduce emissions of sulfur
acre-feet per year by 2045 of recycled 1432). The comment period on the Draft dioxide (‘‘SO2’’) nitrogen oxides
water produced by the cities to the Delta EIS/EIR ended on March 10, 2015. The (‘‘NOX’’), and/or particulate matter
Mendota Canal (DMC). After Final EIS contains responses to all (‘‘PM’’) at electricity generating units at
introduction to the DMC, the recycled comments received and reflects the following North Carolina plants: the
water would be conveyed to Del Puerto comments and any additional Allen and Riverbend plants in Gaston
WD customers, to the Central Valley information received during the review County, the Buck plant in Rowan
Project Improvement Act-designated period. County, the Cliffside plant in Cleveland
refuges or to San Luis Reservoir for and Rutherford Counties, and the Dan
storage, depending on time of year and Public Disclosure River plant in Rockingham County.
water demand. The Final EIS assesses Before including your address, phone The proposed Consent Decree would
the environmental effects of four number, email address, or other resolve violations for certain provisions
alternatives being considered, which are personal identifying information in any of the Act at Allen Units 1 and 2,
described below. In each case (except communication, you should be aware Riverbend Units 4, 6, and 7, Buck Units
for the No Action Alternative), that your entire communication— 3, 4, and 5, Cliffside Units 1, 2, 3, and
operational exchanges with the Bureau including your personal identifying 4, and Dan River Unit 3. Eleven of these
of Reclamation may be necessary in information—may be made publicly thirteen units have been recently shut
order to balance seasonal supply and available at any time. While you can ask down, and the proposed settlement
demand. us in your communication to withhold would render those retirements a
Under Alternative 1, the Combined your personal identifying information permanent obligation under the Consent
Alignment Alternative, a new pipe from public review, we cannot Decree. At the remaining units (Allen
would be constructed to deliver treated guarantee that we will be able to do so. Units 1 and 2), the proposed Consent
water from Turlock’s facilities to the Dated: June 18,2015.
Decree requires Defendant to operate
city of Modesto’s pumping plant. From pollution controls and meet interim
Pablo R. Arroyave,
there, a pipeline would be constructed emission limitations prior to
to deliver the combined water from both Deputy Regional Director, Mid-Pacific Region. permanently retiring the units in 2024.
cities west, underneath the San Joaquin Editorial Note: This document was In addition, Duke will retire an
River. The pipeline would end at a new received for publication by the Office of additional unit at the Allen plant, and
discharge structure on the DMC. The Federal Register on September 10, 2015. spend $4,400,000 to fund environmental
DMC would then be used to convey [FR Doc. 2015–23138 Filed 9–14–15; 8:45 am] mitigation projects that will further
water to downstream users. BILLING CODE 4332–90–P reduce emissions and benefit
Alternative 2, the Separate Alignment communities adversely affected by the
Alternative, is similar to Alternative 1, pollution from the plants, and pay a
except that separate pipelines would be civil penalty of $975,000.
DEPARTMENT OF JUSTICE
constructed from the Modesto and The publication of this notice opens
Turlock water treatment facilities. There Notice of Lodging of Proposed a period for public comment on the
would be two crossings underneath the Consent Decree Under the Clean Air proposed Consent Decree. Comments
San Joaquin River, and two new Act should be addressed to the Assistant
discharge structures on the DMC. Attorney General, Environment and
Under Alternative 3, the Patterson On September 10, 2015, the Natural Resources Division, and should
Irrigation District (PID) Conveyance Department of Justice lodged a proposed refer to United States, et al. v. Duke
Alternative, Modesto and Turlock Consent Decree with the United States Energy Corporation, Civil Case No.
would continue to discharge their District Court for the Middle District of 1:00–cv-1262 (M.D.N.C), D.J. Ref. No.
treated water to the San Joaquin River. North Carolina in the lawsuit entitled 90–5–2–1–07155. All comments must be
The water would be diverted by PID at United States, et al. v. Duke Energy submitted no later than thirty (30) days
their existing intake on the river, which Corporation, Civil Case No. 1:00–cv– after the publication date of this notice.
would need to be expanded, delivered 1262 (M.D.N.C). Environmental Defense, Comments may be submitted either by
to the DMC by way of an expanded PID the North Carolina Sierra Club, and email or by mail:
conveyance system, and discharged to Environment North Carolina (formerly
the DMC by way of a new outfall the North Carolina Public Interest To submit Send them to:
structure. From there, the water would Research Group) are co-plaintiffs in the comments:
be conveyed to downstream users. This case.
In this civil enforcement action under By e-mail ...... pubcomment-ees.enrd@
alternative would require an expansion usdoj.gov.
of PID’s fish screen facility and a the federal Clean Air Act (‘‘Act’’), the By mail ......... Assistant Attorney General
pipeline parallel to PID’s main canal to United States and its co-plaintiffs allege U.S. DOJ—ENRD
mstockstill on DSK4VPTVN1PROD with NOTICES

accommodate increased water volume, that Duke Energy Corporation P.O. Box 7611
but no new river crossings. (‘‘Defendant’’), failed to comply with Washington, DC 20044–7611.
Alternative 4, the No Action certain requirements of the Act intended
Alternative, represents the state of the to protect air quality at power plants in During the public comment period,
environment without implementation of North Carolina. The complaint seeks the proposed Consent Decree may be
any action alternatives. Modesto and injunctive relief and civil penalties for examined and downloaded at this
Turlock would continue to discharge violations of the Clean Air Act’s Justice Department Web site: http://
their treated municipal water to the San Prevention of Significant Deterioration www.justice.gov/enrd/consent-decrees.

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55380 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices

We will provide a paper copy of the Room 10235, 725 17th Street NW., account balances distributed from the
proposed Consent Decree upon written Washington, DC 20503; by Fax: 202– terminated plan when the participant
request and payment of reproduction 395–5806 (this is not a toll-free has failed to provide investment
costs. Please mail your request and number); or by email: OIRA_ instructions. The regulation requires the
payment to: Consent Decree Library, submission@omb.eop.gov. Commenters fiduciary to provide advance notice to
U.S. DOJ—ENRD, P.O. Box 7611, are encouraged, but not required, to participants and beneficiaries of how
Washington, DC 20044–7611. send a courtesy copy of any comments such distributions will be invested, if no
Please enclose a check or money order by mail or courier to the U.S. other investment instructions are
for $18.00 (25 cents per page Department of Labor-OASAM, Office of provided.
reproduction cost) payable to the United the Chief Information Officer, Attn: Abandoned Plan Class Exemption
States Treasury. Departmental Information Compliance (PTE 2006–06): The exemption permits
Management Program, Room N1301, a QTA terminating an abandoned plan
Maureen Katz, under the QTA regulation to receive
200 Constitution Avenue NW.,
Assistant Section Chief, Environmental Washington, DC 20210; or by email: payment for its services from the
Enforcement Section, Environment and abandoned plan and to distribute the
DOL_PRA_PUBLIC@dol.gov.
Natural Resources Division. account balance of a participant who
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–23142 Filed 9–14–15; 8:45 am] has failed to provide investment
Michel Smyth by telephone at 202–693–
BILLING CODE 4410–15–P
4129, TTY 202–693–8064, (these are not direction into an individual retirement
toll-free numbers) or by email at DOL_ account maintained by the QTA or an
PRA_PUBLIC@dol.gov. affiliate. Without the exemption,
DEPARTMENT OF LABOR financial institutions could be unable to
Authority: 44 U.S.C. 3507(a)(1)(D). receive payment for services rendered
Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR out of plan assets without violating
seeks to extend PRA authority for the Employee Retirement Income Security
Agency Information Collection Abandoned Individual Account Plan Act (ERISA) prohibited transaction
Activities; Submission for OMB Termination information collection provisions and being subject to taxes
Review; Comment Request; requirements codified in regulations 29 imposed by Internal Revenue Code of
Abandoned Individual Account Plan CFR 2520.103–11, 2550.404a–3, and 1986 section 4975; consequently,
Termination 2578 and in Prohibited Transaction without the exemption, the institutions
Exemption (PTE) 2006–06 as amended. would be highly unlikely to terminate
ACTION: Notice. More specifically the ICR supports the abandoned plans. One exemption
SUMMARY: The Department of Labor following information collections: condition requires the QTA to record
(DOL) is submitting the Employee Qualified Termination Administrator the distributions, retain the records for
Benefits Security Administration (QTA) Regulation (29 CFR 2578.1): The six (6) years, and make these records
(EBSA) sponsored information QTA regulation creates an orderly and available on request to interested
collection request (ICR) titled, efficient process by which a financial persons (including the DOL,
‘‘Abandoned Individual Account Plan institution holding assets of a plan participants, and beneficiaries). If a
Termination,’’ to the Office of deemed to have been abandoned may QTA wishes to be paid out of plan
Management and Budget (OMB) for undertake to terminate the plan and assets for services provided prior to
review and approval for continued use, distribute its assets to participants and becoming a QTA, the exemption
without change, in accordance with the beneficiaries holding accounts under requires the QTA to enter into a written
Paperwork Reduction Act of 1995 the plan, with protections and DOL agreement with a plan fiduciary or the
(PRA), 44 U.S.C. 3501 et seq. Public approval under the regulatory plan sponsor prior to receiving payment
comments on the ICR are invited. standards. The regulation requires the and provide the DOL with a copy of the
QTA to provide certain notices to the agreement.
DATES: The OMB will consider all DOL, to participants and beneficiaries, The regulations and PTE encourage
written comments that agency receives and to the plan sponsor (or service the orderly termination of an abandoned
on or before October 15, 2015. providers to the plan, if necessary), and plan and the timely distribution of plan
ADDRESSES: A copy of this ICR with to keep certain records pertaining to the assets to participants and beneficiaries.
applicable supporting documentation; termination. Participants and beneficiaries would
including a description of the likely Abandoned Plan Terminal Report likely be denied access to the money in
respondents, proposed frequency of Regulation (29 CFR 2520.103–11): The their individual account plans in the
response, and estimated total burden terminal report regulation provides an absence of these regulations and
may be obtained free of charge from the alternative method for a QTA to satisfy exemption, because financial
RegInfo.gov Web site at http:// the annual report requirement otherwise institutions holding assets of abandoned
www.reginfo.gov/public/do/ applicable to a terminating plan. The plans usually do not have the authority
PRAViewICR?ref_nbr=201508-1210-002 QTA files a simplified terminal report to take any of these steps.
(this link will only become active on the with the DOL after terminating an Because these regulations and the PTE
day following publication of this notice) abandoned plan and distributing its relate to either or both abandoned plan
or by contacting Michel Smyth by accounts to participants and termination and benefit distribution and
telephone at 202–693–4129, TTY 202– beneficiaries. rollover when no participant investment
mstockstill on DSK4VPTVN1PROD with NOTICES

693–8064, (these are not toll-free Terminated Plan Distribution election has been made, the DOL has
numbers) or by email at DOL_PRA_ Regulation (29 CFR 2550.404a–3): The combined the paperwork burden for all
PUBLIC@dol.gov. terminated plan distribution regulation of these actions into one ICR. This
Submit comments about this request establishes a safe harbor method by combination allows the public to have
by mail or courier to the Office of which a fiduciary terminating an a better understanding of the aggregate
Information and Regulatory Affairs, individual account pension plan burden imposed on the public for these
Attn: OMB Desk Officer for DOL–EBSA, (whether abandoned or not) may select related regulatory actions. ERISA
Office of Management and Budget, an investment vehicle to receive sections 101, 404, 408, and 505

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Document Created: 2015-12-15 10:09:32
Document Modified: 2015-12-15 10:09:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 55379