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[Federal Register: July 24, 2003 (Volume 68, Number 142)]
[Notices]
[Page 43750]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy03-114]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Between the United States,
the State of Michigan, and the Wisconsin Electric Power Company Under
the Clean Air Act

     Under 28 CFR 50.7, notice is hereby given that on July 10, 2003, a
proposed Amended Consent Decree (``Amended Consent Decree'') between
the United States, Michael A. Cox, Attorney General of the State of
Michigan, ex rel. Michigan Department of Environmental Quality (``State
of Michigan''), and the Wisconsin Electric Power Company (``Wisconsin
Electric''), Civil Action No. 03-C-0371, was lodged with the United
States District Court for the Eastern District of Wisconsin.
     This Amended Consent Decree modifies the Consent Decree that was
lodged in the Eastern District of Wisconsin on April 29, 2003, notice
of which was provided at 68 FR 26354 (May 15, 2003). Like the original
proposed Consent Decree, this proposed Amended Consent Decree would
resolve claims asserted by the United States against Wisconsin Electric
pursuant to Sections 113(b) and 167 of the Clean Air Act (the ``Act''),
42 U.S.C. 7413(b) and 7477, and seeks injunctive relief and the
assessment of civil penalties for Wisconsin Electric's violations of:
     (a) The Prevention of Significant Deterioration provisions in Part
C of Subchapter I of the Act, 42 U.S.C. 7470-92;
     (b) The nonattainment New Source Review provisions in Part D of
Subchapter I of the Act, 42 U.S.C. 7501-7515;
     (c) The federally-enforceable State Implementation Plan developed
by the State of Michigan (the ``Michigan SIP''); and
     (d) The federally-enforceable State Implementation Plan developed
by the State of Wisconsin (the ``Wisconsin SIP'').
     In addition, this Amended Consent Decree would resolve claims
asserted by the State of Michigan against Wisconsin Electric pursuant
to Section 167 of the Act, 42 U.S.C. 7477, and Section 5530 of Part 55
of Michigan's Natural Resources and Environmental Protection Act
(``Part 55 of NREPA''), MCL Sec.  324.5530, for injunctive relief and
the assessment of civil fines for alleged violations of:
     (a) The Prevention of Significant Deterioration provisions in Part
C of Subchapter I of the Act, 42 U.S.C. 7470-92; and
     (b) Section 5505 of Part 55 of NREPA, MCL Sec.  324.5505.
     The proposed Amended Consent Decree incorporates two types of
changes from the original Consent Decree. First, various changes have
been made to reflect the addition of the State of Michigan as a
Plaintiff-Intervenor. Among these are changes to the Penalty and Fines
Section (Section X), in which Wisconsin Electric would be required to
pay a fine of $100,000 to the State of Michigan and a civil penalty of
$3.1 million to the United States, and changes to the Resolution of
Claims Section (Section XI), in which a Resolution of Claims parallel
to that provided by the United States is provided for claims that may
be brought by the State of Michigan. Second, clarifying changes have
been made to six paragraphs in which Wisconsin Electric's emissions
would be limited to levels that are measured as either a 30-day or 12-
month rolling average. (See paragraphs 58, 62, 63, 73, 76, and 77.)
Each of these clarifying changes is intended to eliminate any ambiguity
as to when the compliance requirement actually commences, given that,
in each provision, the emission limit is measured by reference to a
historical period (i.e., the last 30 days or 12 months).
     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. Wisconsin Electric, D.J. Ref. No. 90-5-2-1-07493.
     The Consent Decree may be examined at the Office of the United
States Attorney, Eastern District of Wisconsin, Federal Courthouse, 517
East Wisconsin Ave., Milwaukee, Wisconsin 53202, and at U.S. EPA Region
V, 77 West Jackson Blvd., Chicago, IL 60604-3507. During the public
comment period, the Consent Decree, may also be examined on the
following Department of justice Web site, <A 
HREF="http://www.usdoj.gov/enrd/open.html";>http://www.usdoj.gov/enrd/open.html</A>.
  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 (<A 
HREF="mailto:tonia.fleetwood@usdoj.gov";>tonia.fleetwood@usdoj.gov</A>), 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 $19.25
(25 cents per page reproduction cost) payable to the U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 03-18771 Filed 7-23-03; 8:45 am]
BILLING CODE 4410-15-M


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Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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