Notice of Lodging of Partial Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Partial Consent Decree Pursuant to the Clean

Air Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed partial consent decree in United States v.

Ohio Power Company, Civil Action No. 5:94-CV-100, was lodged on

November 15, 1994 with the United States District Court for the

Northern District of West Virginia. The proposed partial consent

resolves the injunctive relief portion of this case brought under the

Clean Air Act against Ohio Power Company, the owner and operator of an

electrical generation facility, known as the Kammer Power Plant,

located near Moundsville, West Virginia, and reserves the United

States' claims for civil penalties. The proposed partial consent was

lodged simultaneously with the filing of a complaint, which alleges

sulfur dioxide emissions in excess of the limitation imposed under the

federally-enforceable West Virginia State Implementation Plan, and

seeks civil penalties and injunctive relief. The proposed partial

consent decree requires Ohio Power Company to achieve compliance with

the West Virginia State Implementation Plan by September 1, 1995. It

also contains interim emission limits.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed consent decree. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Ohio Power Company, DOJ Ref. 90-5-2-1-1958.

The proposed consent decree may be examined at the Office of the

United States Attorney, Northern District of West Virginia, 1125-1141

Chapline Street, Room 238, Wheeling, W. VA 26003; the Region III Office

of the Environmental Protection Agency, 941 Chestnut Street,

Philadelphia, PA 19107; and at the Consent Decree Library, 1120 G

Street, NW., 4th Floor, Washington, DC 20005, 202-624-0892. A copy of

the proposed consent decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington,

DC 20005. In requesting a copy, please refer to the referenced case and

enclose a check in the amount of $8.00 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-29232 Filed 11-25-94; 8:45 am]

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