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, notice is

hereby given that a proposed Consent Decree in United States v.

Kirkwood Gas and Electric Company, (E.O. Cal.) was lodged with the

United States District Court for the Eastern District of California on

November 18, 1997 (CIV-S-97-2164, DFL PAN). The proposed Consent Decree

resolves the United States' claims against Kirkwood Gas and Electric

Company (KG&E) pursuant to Section 113(b) of the Clean Air Act for

KG&E's failure to obtain a Prevention of Significant Deterioration

permit before construction of its facility. The alleged violation

occurred at the diesel generator facility at Kirkwood Ski and Summer

Resort in Alpine County, California. Under the Consent Decree, KG&E

agrees to install a selective catalytic reduction control system and a

continuous emission monitor to monitor emissions of oxides of nitrogen,

to conduct source testing and to practice good air pollution control

practices. KG&E also agrees to raise the height of its powerhouse

exhaust stacks. KG&E also agrees to pay a penalty of $13,671.

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,

U.S. Department of Justice, P.O. Box 7611, Washington, D.C. 20044; and

refer to United States v. Kirkwood Gas and Electric Company, DOJ Ref. #

90-5-2-1-2123.

The proposed settlement agreement may be examined at the Office of

the United States Attorney, Eastern District of California, 650 Capitol

Mall, Sacramento, California 95814 and at the office of the

Environmental Protection Agency, 75 Hawthorne Street, San Francisco,

California 94105; and at the

[[Page 65444]]

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 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, N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy

please refer to the referenced case and enclose a check in the amount

of $5.50 (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. 97-32478 Filed 12-11-97; 8:45 am]

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