Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

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

hereby given that on March 4, 1997, a proposed Consent Decree in United

States v. City of Richmond, Indiana Civil Action No. IP 93-1112-C96-C-

0275-S, was lodged with the United States District Court for the

Southern District of Indiana. This consent decree represents a

settlement of the United States' claims under the Clean Air Act, 42

U.S.C. 7401 et. seq., and the particulate matter regulations of the

Indiana State Implementation Plan against the City of Richmond,

Indiana, doing business as Richmond Power & Light (``RPL''). The claims

relate to RPL's exceedances of particulate matter emission limits

imposed by the State Implementation Plan on RPL's Whitewater Valley

electric generating station (the ``Whitewater Plant''), located at 2000

U.S. Highway 27 South in the City of Richmond, Wayne County, Indiana.

Under the proposed decree, RPL agrees to conduct stack tests

annually at the Whitewater Plant and to pay $200,000 (plus accrued

interest from January 1, 1996) to resolve the injunctive relief and

civil-penalty claims alleged in the complaint and occurring prior to

the lodging of the proposed decree.

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 Chief,

Environmental Enforcement Section, Environment and Natural Resources

Division, Department of Justice, Washington, DC 20530, and should refer

to United States v. City of Richmond, Indiana, D.J. Ref. 90-5-2-1-1869.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, Southern District of Indiana, U.S. Courthouse

5th Floor, 46 East Ohio Street, Indianapolis, Indiana; at the Region 5

Office of the Environmental Protection Agency, 77 West Jackson Street,

Chicago, Illinois, 60604-3590, 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 enclose a check in

the amount of $3.75

[[Page 11919]]

(25 cents per page reproduction cost) payable to the Consent Decree

Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-6276 Filed 3-12-97; 8:45 am]

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