[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Page 27517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4374]


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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 North Dakota, Minnkota Power 
Cooperative, Inc., and Square Butte Electric Cooperative

    In accordance with 28 CFR 50.7, notice is hereby given that on 
April 25, 2006, a proposed consent decree (``Consent Decree'') between 
the United States, the State of North Dakota, Minnkota Power 
Cooperative, Inc., (``Minnkota'') and Square Butte Electric Cooperative 
(``Square Butte'') was lodged with the United States District Court for 
the District of North Dakota in Civil Action No. 1:06-CV-034.
    The Consent Decree would resolve the civil claims asserted by the 
United States against Minnkota and Square Butte pursuant to sections 
113(b) and 167 of the Clean Air 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 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 North Dakota State Implementation 
Plan (the ``SIP'').
    The United States and the State of North Dakota also filed with the 
Consent Decree a complaint which alleges, among other things, that 
Minnkota and Square Butte modified and thereafter operated two coal-
fired electricity generating units at the Milton R. Young electricity 
generating station in Center, North Dakota, 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 particulate 
matter (PM), as required by the Act, applicable federal regulations, 
and the SIP.
    Under the terms of the proposed Consent Decree, Minnkota and Square 
Butte will install or upgrade pollution controls for SO2 
NOX, and PM for the two electricity generating units at the 
Milton R. Young facility, at an estimated cost of over $100 million. 
Minnkota and Square Butte will also pay $850,000 in civil penalties and 
undertake $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 Deputy 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 Sates v. Minnkota Power Cooperative, Inc., DOJ Case Number 
90-5-2-1-07717.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the District of North Dakota, 220 East 
Rosser Avenue, Suite 372, Bismark, ND 58501, and at U.S. EPA Region 
VIII, 999 18th Street, Denver, CO 80202. 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 of the 
Consent Decree, please reference United States v. Minnkota Power 
Cooperative, Inc., DOJ Case Number 90-5-2-1-07717, and enclose a check 
in the amount of $17.50 (25 cents per page reproduction cost) payable 
to the U.S. Treasury.

Thomas Mariani,
Assistant Chief, Environmental Enforcement Section, Environmental and 
Natural Resources Division.
[FR Doc. 06-4374 Filed 5-10-05; 8:45am]
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