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)

[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]


=======================================================================
-----------------------------------------------------------------------

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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  [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 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