Notice of Lodging of Joint Motion for Modification of Amended Consent Decree, Which Resolved Action Under the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Joint Motion for Modification of Amended

Consent Decree, Which Resolved Action Under the Clean Air Act

In accordance with Departmental policy, 28 CFR 50.7, please be

advised that a proposed Joint Motion for Modification of Amended

Consent Decree was lodged on November 9, 1998, in United States v. Ohio

Power Company, C.A. No. 5:94-CV-100 (N.D.WVa), with the United States

District Court for the Northern District of West Virginia (``District

Court''). The Joint Motion extends a deadline of November 1, 1998,

contained in the Amended Consent Decree. That deadline sets forth the

date by which defendant must come into compliance at its Kammer power

plant in Marshall County, West Virginia, with the sulfur dioxide

limitation presently contained in the West Virginia State

Implementation Plan (``SIP''), in the event that the State does not

submit a revised SIP by October 1, 1999. Should the State fail to

submit the SIP by that date, defendant must comply with the current

sulfur dioxide limitation by December 31, 1999. The Amended Consent

Decree resolved an action which the United States brought in 1994

against Ohio Power under section 113 of the Clean Air Act, 42 U.S.C.

7413.

Any 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 v.

Ohio Power Company, DOJ Ref. #90-5-2-1-1958. The proposed Joint Motion

may be examined at the Office of the United States Attorney, 1100 Main

Street, Room 200, Wheeling, West Virginia 26003, and the Region III

Office of the Environmental Protection Agency, 1650 Arch Street,

Philadelphia, Pennsylvania 19103. A copy of the proposed Joint Motion

may be obtained in person or by mail from the Consent Decree Library,

1120 G Street, NW, 4th Floor, Washington, DC 20005, (202) 624-0892. The

proposed Joint Motion contains 74 pages, including attachments. To

obtain the Joint Motion, with attachments, please enclose a check for

$18.50. Please make the check payable to the Consent Decree Library,

and refer to the case by its title and DOJ Ref. #90-5-2-1-1958.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-30998 Filed 11-19-98; 8:45 am]

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