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)

Page Range		11248-11248
FR Document		2018-05184

Federal Register, Volume 83 Issue 50 (Wednesday, 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

11248 Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

covenants not to sue to the Defendants, DEPARTMENT OF JUSTICE modification to the consent decree.
as well as to numerous other potentially Comments should be addressed to the
responsible parties (‘‘Other Settling Notice of Lodging of Proposed Assistant Attorney General,
Parties’’) who have previously entered Modification to Consent Decree Under Environment and Natural Resources
into settlement agreements with one or The Clean Air Act Division, and should refer to United
more of the Defendants and, in most States, et al. v. Westar Energy, Inc., D.J.
On March 6, 2018, the Department of
instances, received indemnifications Ref. No. 90–5–2–1–08242. All
Justice lodged with the United States
from them, provided that such Other comments must be submitted no later
District Court for the District of Kansas
Settling Parties (listed in Appendix E of than thirty (30) days after the
a proposed modification to the consent
the consent decree) submit signature publication date of this notice.
decree entered by the Court on March
pages agreeing to be bound by the Comments may be submitted either by
26, 2010 in the lawsuit entitled United
email or by mail:
consent decree and, if they own States of America, et al. v. Westar
property likely affected by the remedial Energy, Inc., Civil Action No. 2:09–cv– To submit
action, cooperate in the implementation 02059–JAR. Send them to:
comments:
of the consent decree. The consent decree resolved claims
asserted by the United States against By email ....... pubcomment-ees.enrd@
The publication of this notice opens usdoj.gov.
Westar Energy, Inc. (‘‘Westar’’) under
a period for public comment on the By mail ......... Assistant Attorney General,
various provisions of the Clean Air Act
proposed consent decree. Comments (‘‘Act’’). Those claims related to U.S. DOJ—ENRD, P.O.
should be addressed to the Assistant Westar’s operation of the Jeffrey Energy Box 7611, Washington, DC
Attorney General, Environment and 20044–7611.
Center (‘‘JEC’’), a coal-fired power plant
Natural Resources Division, and should in St. Marys, Kansas with three electric
refer United States v. Bridgestone During the public comment period,
generating units, numbered 1 through 3. the modification to the consent decree
Americas Tire Operations et al., Case The United States alleged in primary may be examined and downloaded at
No. 3:18–cv–00054 (S.D. Ohio), D.J. Ref. part that Westar made major this Justice Department website: https://
No. 90–11–3–11076. All comments must modifications to JEC without obtaining www.justice.gov/enrd/consent-decrees.
be submitted no later than thirty (30) a permit under the Prevention of We will provide a paper copy of the
days after the publication date of this Significant Deterioration program. modification to the consent decree upon
notice. Comments may be submitted The Consent Decree requires Westar, written request and payment of
either by email or by mail: among other things, to install and reproduction costs. Please mail your
operate Selective Catalytic Reduction request and payment to: Consent Decree
To submit Send them to:
(‘‘SCR’’) on one of the JEC units and, at Library, U.S. DOJ—ENRD, P.O. Box
comments: Westar’s election, either install a second 7611, Washington, DC 20044–7611.
SCR or meet a plant-wide 30-day rolling Please enclose a check or money order
By email ....... pubcomment-ees.enrd@ average emission rate of 0.100 lb/
usdoj.gov. for $4.25 (25 cents per page
mmBTU NOX. Westar installed the SCR reproduction cost) payable to the United
By mail ......... Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
on JEC Unit 1 and elected to meet a States Treasury.
Box 7611, Washington, plant-wide 30-day rolling average
emission rate of 0.100 lb/mmBTU NOX. Susan M. Akers,
D.C. 20044–7611.
To meet this limit, Westar must operate Assistant Section Chief, Environmental
JEC Unit 1 (the unit with the SCR) at all Enforcement Section, Environment and
During the public comment period, Natural Resources Division.
times when it is available, even when it
the proposed consent decree may be would not otherwise be dispatched by [FR Doc. 2018–05184 Filed 3–13–18; 8:45 am]
examined and downloaded at this the Regional Transmission BILLING CODE 4410–15–P
Justice Department website: https:// Organization. This results in
www.usdoj.gov/enrd/consent- unnecessary emissions of NOX, sulfur
decrees.html. We will also provide a dioxide, particulate matter and other DEPARTMENT OF LABOR
paper copy of the proposed consent pollutants from JEC.
decree upon written request and The proposed modification to the Office of the Secretary
payment of reproduction costs. Please Consent Decree would require Westar to
mail your request and payment to: meet a 30-Day Rolling Average Unit Agency Information Collection
Consent Decree Library, U.S. DOJ— Emission Rate for NOX of 0.150 lb/ Activities; Submission for OMB
mmBTU, on an individual unit basis, Review; Comment Request; Davis-
ENRD, P.O. Box 7611, Washington, DC
when JEC Unit 1 is not operating. Bacon Certified Payroll
20044–7611.
Please enclose a check or money order Overall emissions from JEC, including ACTION:Notice of availability; request
for $84.50 (338 pages at 25 cents per emissions of NOX, are expected to for comments.
decrease as a result of the change
page reproduction cost) payable to the SUMMARY: The Department of Labor
because JEC Unit 1 would no longer be
United States Treasury. For a paper (DOL) is submitting the Wage and Hour
forced to operate to meet the Consent
copy without the Appendices and Division (WHD) sponsored information
Decree NOX Plant-Wide Operating Day
signature pages, the cost is $20.75. emission limitation. To help ensure that collection request (ICR) titled, ‘‘Davis-
daltland on DSKBBV9HB2PROD with NOTICES

Randall M. Stone, NOX emissions do not increase, the Bacon Certified Payroll,’’ to the Office of
Acting Assistant Section Chief, modification would also require Westar Management and Budget (OMB) for
Environmental Enforcement Section, to comply with a new NOX 12-Month review and approval for continued use,
Environment and Natural Resources Division. Rolling Tonnage Limitation for JEC without change, in accordance with the
[FR Doc. 2018–05140 Filed 3–13–18; 8:45 am] Units 2 and 3. Paperwork Reduction Act of 1995
The publication of this notice opens (PRA). Public comments on the ICR are
BILLING CODE 4410–15–P
a period for public comment on the invited.

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Document Created: 2018-03-14 01:06:46
Document Modified: 2018-03-14 01:06:46

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		83 FR 11248