[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