Notice of Lodging of Consent Decrees Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the Clean Air

Act

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

hereby given that separate consent decrees were lodged in U.S. v.

Nevada Cogeneration Associates, #1, et al., Civil Action No. CV-S-99-

00107-PMP (D. Nev.) on June 29, 1999, with the United States District

Court for the District of Nevada. The case is a civil action under

section 113(b) of the Clean Air Act (``Act''), 42 U.S.C. 7413(b), for

violation of provisions of the Act and of the regulations for

Prevention of Significant Deterioration (``PSD'') that require owners

and operators of any new stationary source to install and operate Best

Available Control Technology (``BACT'') to control emissions of

relevant air pollutants.

The violations of the PDS regulations involved construction and

operation of five gas turbines at two facilities near Las Vegas,

Nevada, on which Defendants failed to install and operate BACT.

The Complaint in the civil action seeks injunctive relief to ensure

future compliance with the PSD regulations. Under the consent decrees,

the defendants will install and operate selective catalytic reduction

units ``(SCRs'') to control emissions of oxides of nitrogen

(``NOX''). After retrofitting the turbines with SCRs, each

defendant is required to operate the emissions control equipment

specified by its consent decree in compliance with the

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Clean Air Act and its consent decree and is required to obtain

necessary revised authority to construct permits from the Clark County

Health District for the SCRs. In addition the defendants will pay a

civil penalty of $200,000.

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,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Nevada Cogeneration Associates #1, et al., DOJ No. 90-5-2-1-

2130.

The proposed consent decrees may be examined at the office of the

United States Attorney, District of Nevada, 701 East Bridger Avenue,

Suite 800, Las Vegas 8910; at the Region IX Office of the Environmental

Protection Agency, 75 Hawthorne Street, San Francisco, California

94105; and at the Consent Decree Library, 1120 G Street, NW, 4th Floor,

Washington, DC 20005, (202) 624-0892. A copy of any of the proposed

consent decrees 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 the consent decree in United States v. Nevada

Cogeneration Associates, #1, et al., please refer to that case and DOJ

No. 90-5-2-1-2130 and enclose a check in the amount of $7.50 (25 cents

per page reproduction costs). Your check should be payable to the

Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-18090 Filed 7-14-99; 8:45 am]

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