[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Page 16958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7241]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act 
Between the United States, the State of South Carolina, and the South 
Carolina Public Service Authority

    Under 28 CFR 50.7, notice is hereby given that on March 16, 2004, a 
proposed consent decree (``Consent Decree'') between the United States, 
the South Carolina Department of Health and Environmental Control 
(``DHEC''), and the South Carolina Public Service Authority (``Santee 
Cooper''), Civil Action No. 2-04-0822-18, was lodged with the United 
States District Court for the District of South Carolina.
    The Consent Decree would resolve the civil claims asserted by the 
United States against Santee Cooper pursuant to Sections 113(b) and 167 
of the Clean Air Act (``the Act''), 42 U.S.C. 7413(b) and 7477, for 
injunctive relief and the assessment of civil penalties for violations 
of the Prevention of Significant Deterioration (``PSD'') provisions of 
the Act, 42 U.S.C. 7470-92, title V of the Act, 42 U.S.C. 7661, et 
seq., and the federally approved and enforceable South Carolina State 
Implementation Plan (the ``SIP'').
    The complaint filed by the United States alleges, among other 
things, that between 1980 and the present, Santee Cooper modified and 
thereafter operated certain coal-fired electricity generation units 
without first obtaining a PSD permit authorizing the construction and 
without installing the best available technology to control emissions 
of sulfur dioxide (SO2), nitrogen oxides (NOX), 
and particular matter (PM), as required by the Act, applicable Federal 
regulations, and the SIP. In addition, in late 2002 and 2003, Santee 
Cooper commenced and continued construction of a wholly new coal-fired 
electricity generating unit without first obtaining a PSD SIP.
    The proposed Consent Decree covers Santee Cooper's four coal-fired 
power plants in South Carolina: the Cross Plant located in Pineville, 
Berkeley County; the Grainger Plant located in Conway, Horry County; 
the Jefferies Plant located in Moncks Corner, Berkeley County; and the 
Winyah Plant located in Georgetown, Georgetown County. Under the terms 
of the proposed Consent Decree, Santee Cooper will install or upgrade 
pollution controls for SO2, NOX, and PM at more 
than 80% of the electricity-generating capacity of these four plants. 
Santee Cooper will also pay $2.0 million in civil penalties and to 
undertake $4.5 million in additional injunctive relief.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. South Carolina Public Service Authority, D.J. Ref. No. 
90-5-2-1-07492.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of South Carolina, 151 Meeting Street, 2d 
Floor, Charleston, SC 29402. During the public comment period, the 
Consent Decree, may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $26.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-7241 Filed 3-30-04; 8:45 am]
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