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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-9121

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** April 12, 1996
- **Citation:** 61 FR 16266

## Text

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.

[[Page 16267]]

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]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-9121. Public record. Not legal advice.