83 FR 11248 - Notice of Lodging of Proposed Modification to Consent Decree Under The Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 50 (March 14, 2018)

[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Page 11248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05184]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modification to Consent Decree 
Under The Clean Air Act

    On March 6, 2018, the Department of Justice lodged with the United 
States District Court for the District of Kansas a proposed 
modification to the consent decree entered by the Court on March 26, 
2010 in the lawsuit entitled United States of America, et al. v. Westar 
Energy, Inc., Civil Action No. 2:09-cv-02059-JAR.
    The consent decree resolved claims asserted by the United States 
against Westar Energy, Inc. (``Westar'') under various provisions of 
the Clean Air Act (``Act''). Those claims related to Westar's operation 
of the Jeffrey Energy Center (``JEC''), a coal-fired power plant in St. 
Marys, Kansas with three electric generating units, numbered 1 through 
3. The United States alleged in primary part that Westar made major 
modifications to JEC without obtaining a permit under the Prevention of 
Significant Deterioration program.
    The Consent Decree requires Westar, among other things, to install 
and operate Selective Catalytic Reduction (``SCR'') on one of the JEC 
units and, at Westar's election, either install a second SCR or meet a 
plant-wide 30-day rolling average emission rate of 0.100 lb/mmBTU 
NOX. Westar installed the SCR on JEC Unit 1 and elected to 
meet a plant-wide 30-day rolling average emission rate of 0.100 lb/
mmBTU NOX. To meet this limit, Westar must operate JEC Unit 
1 (the unit with the SCR) at all times when it is available, even when 
it would not otherwise be dispatched by the Regional Transmission 
Organization. This results in unnecessary emissions of NOX, 
sulfur dioxide, particulate matter and other pollutants from JEC.
    The proposed modification to the Consent Decree would require 
Westar to meet a 30-Day Rolling Average Unit Emission Rate for 
NOX of 0.150 lb/mmBTU, on an individual unit basis, when JEC 
Unit 1 is not operating. Overall emissions from JEC, including 
emissions of NOX, are expected to decrease as a result of 
the change because JEC Unit 1 would no longer be forced to operate to 
meet the Consent Decree NOX Plant-Wide Operating Day 
emission limitation. To help ensure that NOX emissions do 
not increase, the modification would also require Westar to comply with 
a new NOX 12-Month Rolling Tonnage Limitation for JEC Units 
2 and 3.
    The publication of this notice opens a period for public comment on 
the modification to the 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. Westar Energy, 
Inc., D.J. Ref. No. 90-5-2-1-08242. 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 modification to the consent 
decree may be examined and downloaded at this Justice Department 
website: https://www.justice.gov/enrd/consent-decrees. We will provide 
a paper copy of the modification to the 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 $4.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-05184 Filed 3-13-18; 8:45 am]
 BILLING CODE 4410-15-P