[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Page 16306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6303]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Air Act
Under the policy set out at 28 CFR 50.7, notice is hereby given
that on March 18, 2005, the United States lodged with the United States
District Court for the Southern District of Ohio a proposed consent
decree (``Consent Decree'') in the case of United States, et al v. Ohio
Edison Co., et al., Civ. A. No. 2:99-CV-1181. The Consent Decree
settles claims under the Clean Air Act (``Act'') by the United States
and the States of New York, New Jersey and Connecticut against Ohio
Edison Company (``Ohio Edison''), a subsidiary of FirstEnergyCorp.
(``FirstEnergy''), regarding its W.H. Sammis Station coal-fired power
plant (``Sammis plant'') in Stratton, Ohio.
The settlement resolves a lawsuit filed in 1999 alleging that Ohio
Edison undertook construction projects at the Sammis plant in violation
of the Prevention of Significant Deterioration provisions of the Act,
42 U.S.C. 7470-7492, and the New Source Review provisions of the Act,
42 U.S.C. 7501-7515. In a 2003 trial on liability, the U.S. District
Court for the Southern District of Ohio upheld the Clean Air Act
violations. The Consent Decree settles the remedy phase of the
litigation, averting a second trial.
Under the Consent Decree, Ohio Edison agrees to significantly
reduce its annual emissions of sulfur dioxide (``SO2'') and
nitrogen oxide (``NOX'') by installing state-of-the-art
pollution controls on the two largest steam-generating units of the
Sammis plant (Units 6 and 7); installing other pollution controls on
the five smaller Sammis units (Units 1 to 5); and capping its annual
SO2 and NOX emissions from the Sammis plant. In
addition, Ohio Edison agrees to undertake pollution reduction measures
at several other FirstEnergy coal-fired plants.
As part of the settlement, Ohio Edison agrees to pay a civil
penalty of $8.5 million. Ohio Edison also agrees to undertake projects
to mitigate past harm to the environment including renewable energy
projects valued at approximately $14.4 million, involving electricity
generated by wind power (or, with the governments' approval, landfill
gas). In addition, Ohio Edison agrees to fund $10 million worth of
environmentally beneficial projects in the States of New York, New
Jersey and Connecticut. Finally, Ohio Edison agrees to fund a solar
energy project in Allegheny County, Pennsylvania, and a project
addressing air quality in the Shenandoah National Park.
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, D.C. 20044-7611, and should refer to
United States, et al. v. Ohio Edison Co., et al., DOJ Ref. No. 90-5-2-
1-06894.
The Consent Decree may be examined at the offices of the United
States Attorney, Southern District of Ohio, 280 North High Street,
Fourth Floor, Columbus, Ohio 43215, and at the offices of U.S. EPA
Region 5, 77 W. Jackson Boulevard, Chicago, Illinois 60604-3590.
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 $20 (25 cents per page reproduction cost)
payable to the U.S. Treasury.
Catherine R. McCabe,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 05-6303 Filed 3-29-05; 8:45 am]
BILLING CODE 4410-15-M