[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27516-27517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4371]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Modification of the Consent Decree 
Entered in; United States et al. v. Illinois Power Company and Dynegy 
Midwest Generation

    Notice is hereby given that on March 20, 2006, the United States 
lodged a Proposed Consent Decree Modification in the United States 
District Court for the Southern District of Illinois in the matter 
captioned United States et al v. Illinois Power Company and Dynegy 
Midwest Generation, Inc., (Civil Action No. 99-833-MJR). This proposed 
Modifications was jointly agreed by the United States, the State of 
Illinois, the four citizen groups co-plaintiffs--the American Bottom 
Conservancy, Health and Environmental Justice--St. Louse, Inc., 
Illinois Stewardship Alliance, and the Prairie Rivers Network--and 
Dynegy Midwest Generation.
    The proposed modification affects Section VI of the Consent Decree, 
PM Emission Reductions and Controls, which establishes a variety of 
requirements for Dynegy Midwest Generation, Inc. (``DMG'') concerning 
particulate matter emissions at identified units in the DMG System. 
Under the Consent Decree, DMG is required to operate certain electric 
generating units so as to achieve and maintain an emissions rate of 
``not greater than 0.030 lb/mmBTU'' or to undertake an alternative 
procedure defined in the Decree as a ``Pollution Control Equipment 
Upgrade Analysis.'' Consent Decree ] 86. According to the proposed 
modification, the deadline for each of the two Hennepin Units set forth 
in Paragraph 86 will be changed to December 31, 2008, and the language 
in Paragraph 86 following the table, as well as Paragraph 88 in its 
entirety, will be deleted. By this change, among other things, rather 
than requiring the first Hennepin unit to meet the specified emission 
rate in 2006 and the second Hennepin unit to meet that rate in 2010, 
the Consent Decree will instead require DMG to ensure that both 
Hennepin units meet 0.030 lbs/mmBTU emissions rate by December 31, 
2008.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the above-
described Proposed Consent Decree Modification. 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. 
Illinois Power Company and Dynegy Midwest Generation, Inc., D.J. Ref. 
No. 90-5-2-1-06837.
    During the public comment period, the proposed modification to 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 
proposed modifications 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

[[Page 27517]]

requesting a copy from the Consent Decree Library, please enclose a 
check in the amount of $1.50 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 06-4371 Filed 5-10-06; 8:45am]
BILLING CODE 4410-15-M