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

DEPARTMENT OF JUSTICE

Notice of Lodging of Amended Consent Decree Pursuant to the Clean

Air Act

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

hereby given that a proposed amended consent decree in United States

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

April 8, 1996, with the United States District Court for the Northern

District of West Virginia. The proposed amended consent resolves this

action 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.

The proposed amended consent decree, which supersedes and replaces

the partial consent decree entered in the same court on January 23,

1995, extends until November 1998 the final deadline for defendant's

compliance with the sulfur dioxide (``SO2'') emission limitation

of its West Virginia State Implementation Plan (``SIP''), in order to

allow West Virginia time to submit to EPA a comprehensive, multiple-

source SIP revision request. The decree also sets interim SO2

limits; requires defendant to perform two supplemental environmental

projects consisting of the installation of two low nitrogen oxide

(``NOX'') burners in another facility owned by defendant; and

provides for the payment of a cash penalty of $200,000.

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

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

amended 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 versus Ohio Power Company, DOJ Ref. 90-5-2-1-1958.

The proposed amended 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, WV 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 amended 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 $16.75 (25 cents

per page reproduction costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-9121 Filed 4-11-96; 8:45 am]

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