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

DEPARTMENT OF JUSTICE

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

In accordance with Departmental policy, 28 CFR 50.7, and pursuant

to Section 113(g) of the Clean Air Act, 42 U.S.C. 7413(g), notice is

hereby given that on May 22, 1996, a proposed Consent Decree in Sierra

Club v. Public Service Company of Colorado, Inc., Civil Action No. 93-

B-1749, was lodged with the United States District Court for the

District of Colorado. The proposed Consent Decree settles the claims of

the plaintiff Sierra Club, and the proposed plaintiff-intervenors, the

United States and the State of Colorado, pursuant to the Clean Air Act,

42 U.S.C. 7401 et seq., and the State of Colorado's State

Implementation Plan against the defendants Public Service Company of

Colorado, Inc., Salt River Project Agricultural Improvement and Power

District and PacifiCorp. The claims of Sierra Club, the United States

and the State of Colorado relate to the operation of Hayden Station, a

fossil fuel-fired power generating facility in Hayden, Colorado, owned

and operated by the defendants.

Under the terms of the Consent Decree, the defendant will pay a

$2,000,000 civil penalty to the United States Treasury to resolve the

claims of Sierra Club and the United States. The defendants must

determine within 180 days of lodging whether the two power generating

units at Hayden Station will be converted from combusting coal as a

primary fuel source to combusting natural gas. If the defendants elect

to continue combusting coal at Hayden Station, air pollution control

equipment to reduce emissions of sulfur dioxide, nitrogen oxides and

particulate matter must be installed at Hayden Station for Unit 1 by

December 31, 1998 and for Unit 2 by December 31, 1999. If the

defendants elect to convert Hayden Station to natural gas, the

conversion must be completed by December 31, 1998. In either event, the

Consent Decree establishes more stringent emission limitations for

Hayden Station for sulfur dioxide, nitrogen oxides, and particulate

matter.

To protect and improve the air quality in the Yampa Valley where

Hayden Station is located, the Consent Decree requires the defendants

shall pay $2,000,000 for land conservation purposes and $250,000 for

the conversion of wood stove and/or vehicles to natural gas in the

Yampa Valley.

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 of the Environment and Natural Resources Division,

U.S. Department of Justice, Washington, DC 20530, and should refer to

Sierra Club v. Public Service Company of Colorado, Inc., D.O.J. Ref.

90-5-2-1-2069.

The proposed Consent Decree may be examined at any of the following

locations: The Office of the United States Attorney for the District of

Colorado, 1961 Stout Street, Suite 1100, Denver, Colorado 80294; the

Region VIII Office of the United States Environmental Protection

Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-2466

(contact Sheldon Muller, Esq. (303/312-6916)); and at the Environmental

Enforcement Section Document Center, 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 Environmental

Enforcement Section Document Center, 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 $17.00 (25 cents

per page reproduction cost) made payable to Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-15088 Filed 6-13-96; 8:45 am]

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