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27516 Federal Register / Vol. 71, No.

91 / Thursday, May 11, 2006 / Notices

Cement Clinker from Japan)—briefing under CERCLA section 106(b)(2), 42 No. 99–833–MJR). This proposed
and vote. (The Commission is currently U.S.C. 9606(b)(2), for reimbursement of Modifications was jointly agreed by the
scheduled to transmit its determination such costs. In exchange, the Plaintiffs United States, the State of Illinois, the
and Commissioners’ opinions to the covenant not to sue General Electric for four citizen groups co-plaintiffs—the
Secretary of Commerce on or before their past costs at the Site and provide American Bottom Conservancy, Health
May 31, 2006.) contribution protection for all response and Environmental Justice—St. Louse,
5. Outstanding action jackets: none. costs and response actions at the Site. Inc., Illinois Stewardship Alliance, and
In accordance with Commission The Department of Justice will receive the Prairie Rivers Network—and Dynegy
policy, subject matter listed above, not comments relating to this Consent Midwest Generation.
disposed of at the scheduled meeting, Decree for a period of thirty (30) days The proposed modification affects
may be carried over to the agenda of the from the date of this publication. Section VI of the Consent Decree, PM
following meeting. Comments should be addressed to the Emission Reductions and Controls,
By order of the Commission.
Assistant Attorney General, which establishes a variety of
Environment and Natural Resources requirements for Dynegy Midwest
Issued: May 9, 2006.
Division, P.O. Box 7611, U.S. Generation, Inc. (‘‘DMG’’) concerning
Marilyn R. Abbott, Department of Justice, Washington, DC particulate matter emissions at
Secretary to the Commission. 20044–7611, Attention: Nancy identified units in the DMG System.
[FR Doc. 06–4488 Filed 5–9–06; 3:01 pm] Flickinger, and should refer to United Under the Consent Decree, DMG is
BILLING CODE 7020–02–P States v. General Electric Co., DOJ #90– required to operate certain electric
11–3–1769. generating units so as to achieve and
The Consent Decree may be examined maintain an emissions rate of ‘‘not
DEPARTMENT OF JUSTICE at the Office of the United States greater than 0.030 lb/mmBTU’’ or to
Attorney for the District of New Jersey, undertake an alternative procedure
Notice of Lodging of Proposed 970 Broad Street, 7th Floor, Newark, NJ defined in the Decree as a ‘‘Pollution
Consent Decree under the 07102, and at U.S. EPA Region II’s Control Equipment Upgrade Analysis.’’
Comprehensive Environmental Office, 290 Broadway, New York, NY Consent Decree ¶ 86. According to the
Response, Compensation and Liability 10007–1866. During the public proposed modification, the deadline for
Act comment period, the consent decree each of the two Hennepin Units set forth
may also be examined on the following in Paragraph 86 will be changed to
Notice is hereby given that on April Department of Justice Web site, http:// December 31, 2008, and the language in
25, 2006, a proposed Consent Decree in www.usdoj.gov/enrd/open.html. A copy Paragraph 86 following the table, as well
United States v. General Electric of the consent decree may also be as Paragraph 88 in its entirety, will be
Company, Civil Action No. 03CV4668 obtained by mail from the Consent deleted. By this change, among other
(HAA), was lodged with the United Decree Library, P.O. Box 7611, U.S. things, rather than requiring the first
States District Court for the District of Department of Justice, Washington, DC Hennepin unit to meet the specified
New Jersey. In that action, the United 20044–7611 or by faxing or e-mail a emission rate in 2006 and the second
States seeks to recover from General request to Tonia Fleetwood Hennepin unit to meet that rate in 2010,
Electric Company (‘‘General Electric’’) (tonia.fleetwood@usdoj.gov), fax no. the Consent Decree will instead require
response costs incurred in connection (202) 514–0097, phone confirmation DMG to ensure that both Hennepin
with the Grand Street Mercury number (202) 514–1547. In requesting a units meet 0.030 lbs/mmBTU emissions
Superfund Site, located in Hoboken, copy from the Consent Decree Library, rate by December 31, 2008.
New Jersey (‘‘the Site’’), pursuant to please enclose a check in the amount of The Department of Justice will receive
section 107 of the Comprehensive $11.00 (25 cents per page reproduction for a period of thirty (30) days from the
Environmental Response, Compensation cost) for a full copy of the consent date of this publication comments
and Liability Act (‘‘CERCLA’’), 42 U.S.C. decree, payable to the U.S. Treasury. relating to the above-described Proposed
9607. A number of other lawsuits have Consent Decree Modification.
been filed and consolidated in Ronald Gluck, Comments should be addressed to the
connection with the release of mercury Assistant Chief, Environmental Enforcement Assistant Attorney General,
at the Site. Section, Environmental and Natural Environment and Natural Resources
As part of the settlement, General Resources Division.
Division, P.O. Box 7611, U.S.
Electric has placed $3 million into an [FR Doc. 06–4372 Filed 5–10–06; 8:45 am] Department of Justice, Washington, DC
interest-bearing court registry account. BILLING CODE 4410–15–M 20044–7611, and should refer to United
The consent decree provides that the States v. Illinois Power Company and
United States will receive $2,805,000 Dynegy Midwest Generation, Inc., D.J.
plus interest accrued on that amount, DEPARTMENT OF JUSTICE Ref. No. 90–5–2–1–06837.
and that the State of New Jersey will During the public comment period,
Notice of Lodging of Proposed
receive $195,000 plus interest accrued the proposed modification to the
Modification of the Consent Decree
on that amount. General Electric further Consent Decree may also be examined
Entered in; United States et al. v.
agrees to file motions to withdraw its on the following Department of Justice
Illinois Power Company and Dynegy
opposition to a consent decree that the Web site, http://www.usdoj.gov/enrd/
Midwest Generation
United States and the State of New open.html. A copy of the proposed
Jersey lodged in 2003 with other parties Notice is hereby given that on March modifications may also be obtained by
in Civil Action No. 96–3775 (HAA) and 20, 2006, the United States lodged a mail from the Consent Decree Library,
consolidated cases, and its opposition to Proposed Consent Decree Modification P.O. Box 7611, U.S. Department of
cchase on PROD1PC60 with NOTICES

aspects of other private settlements. in the United States District Court for Justice, Washington, DC 20044–7611 or
General Electric further agrees to give the Southern District of Illinois in the by faxing or e-mailing a request to Tonia
up its claims for costs that it incurred matter captioned United States et al v. Fleetwood (tonia.fleetwood@usdoj.gov),
in performing remediation at the Site Illinois Power Company and Dynegy fax no. (202) 514–0097, phone
and to withdraw its Petition to EPA Midwest Generation, Inc., (Civil Action confirmation number (202) 514–1547. In

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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices 27517

requesting a copy from the Consent cents per page reproduction cost) civil penalties and undertake $5 million
Decree Library, please enclose a check payable to the U.S. Treasury. in additional injunctive relief.
in the amount of $1.50 (25 cents per The Department of Justice will receive
Robert E. Maher, Jr., for a period of thirty (30) days from the
page reproduction cost) payable to the
Assistant Section Chief, Environmental date of this publication comments
U.S. Treasury. Enforcement Section. relating to the Consent Decree.
Thomas A. Mariani, Jr., [FR Doc. 06–4375 Filed 5–10–06; 8:45am] Comments should be addressed to the
Assistant Chief, Environmental Enforcement BILLING CODE 4410–15–M Deputy Assistant Attorney General,
Section, Environmental and Natural Environment and Natural Resources
Resources Division. Division, P.O. Box 7611, U.S.
[FR Doc. 06–4371 Filed 5–10–06; 8:45am] DEPARTMENT OF JUSTICE Department of Justice, Washington, DC
BILLING CODE 4410–15–M 20044–7611, and should refer to United
Notice of Lodging of Consent Decree
Sates v. Minnkota Power Cooperative,
Under the Clean Air Act Between the
Inc., DOJ Case Number 90–5–2–1–
United States, the State of North
DEPARTMENT OF JUSTICE 07717.
Dakota, Minnkota Power Cooperative, The proposed Consent Decree may be
Inc., and Square Butte Electric examined at the office of the United
Notice of Lodging of Consent Decree
Cooperative States Attorney for the District of North
Pursuant to the Comprehensive
Environmental Response, In accordance with 28 CFR 50.7, Dakota, 220 East Rosser Avenue, Suite
Compensation, and Liability Act notice is hereby given that on April 25, 372, Bismark, ND 58501, and at U.S.
2006, a proposed consent decree EPA Region VIII, 999 18th Street,
In accordance with Departmental (‘‘Consent Decree’’) between the United Denver, CO 80202. During the public
policy, 28 CFR 50.7, notice is hereby States, the State of North Dakota, comment period, the Consent Decree
given that a proposed consent decree in Minnkota Power Cooperative, Inc., may also be examined on the following
United States v. Jay James Jackson et al., (‘‘Minnkota’’) and Square Butte Electric Department of Justice Web site, http://
Civil Action No. 8:0404cv64, was Cooperative (‘‘Square Butte’’) was www.usdoj.gov/enrd/open.html. A copy
lodged with the United States District of the Consent Decree may also be
lodged on April 27, 2006 with the
Court for the District of North Dakota in obtained by mail from the Consent
United States District Court for the
Civil Action No. 1:06–CV–034. Decree Library, P.O. Box 7611, U.S.
District of Nebraska. This consent Department of Justice, Washington, DC
decree requires the defendants to The Consent Decree would resolve the
civil claims asserted by the United 20044–7611 or by faxing or e-mailing a
reimburse EPA $700,000 for past request to Tonia Fleetwood
response costs and to implement States against Minnkota and Square
Butte pursuant to sections 113(b) and (tonia.fleetwood@usdoj.gov), fax no.
institutional controls. (202) 514–0097, phone confirmation
167 of the Clean Air Act, 42 U.S.C.
The Department of Justice will 7413(b) and 7477, for injunctive relief number (202) 514– 1547. In requesting
receive, for a period of thirty (30) days and the assessment of civil penalties for a copy of the Consent Decree, please
from the date of this publication, violations of the Prevention of reference United States v. Minnkota
comments relating to the proposed Significant Deterioration provisions of Power Cooperative, Inc., DOJ Case
consent decree. Comments should be the Act, 42 U.S.C. 7470–92, Title V of Number 90–5–2–1–07717, and enclose a
addressed to the Assistant Attorney the Act, 42 U.S.C. 7661 et seq., and the check in the amount of $17.50 (25 cents
General, Environmental and Natural federally approved and enforceable per page reproduction cost) payable to
Resources Division, P.O. Box 7611, U.S. North Dakota State Implementation Plan the U.S. Treasury.
Department of States v. Jay James (the ‘‘SIP’’). Thomas Mariani,
Jackson et al., DOJ Ref. 90–11–2–07430. The United States and the State of Assistant Chief, Environmental Enforcement
The proposed consent decree may be North Dakota also filed with the Section, Environmental and Natural
Consent Decree a complaint which Resources Division.
examined at the office of the United
States Attorney, 1620 Dodge Street, alleges, among other things, that [FR Doc. 06–4374 Filed 5–10–05; 8:45am]
Suite 1400, Omaha, NE 68102–1506 and Minnkota and Square Butte modified BILLING CODE 4410–15–M

at U.S. EPA Region 7, 901 N. 5th Street, and thereafter operated two coal-fired
Kansas City, KS 66101. During the electricity generating units at the Milton
R. Young electricity generating station DEPARTMENT OF JUSTICE
comment period, the consent decree
in Center, North Dakota, without first
may be examined on the following Notice of Lodging Proposed Consent
obtaining a PSD permit authorizing the
Department of Justice Web site, http:// Decree
construction and without installing the
www.usdoj.gov/enrd/open.html. Copies best available technology to control In accordance with Departmental
of the consent decree also may be emissions of sulfur dioxide (SO2), Policy, 28 CFR 50.7, notice is hereby
obtained by mail from the Consent nitrogen oxides (NOX), and particulate given that a proposed Consent Decree in
Decree Library, P.O. Box 7611, U.S. matter (PM), as required by the Act, United States of America v. County of
Department of Justice, Washington, DC applicable federal regulations, and the Sacramento, Case Number 2:06–CV–
20044–7611 or by faxing or e-mailing a SIP. 00908 GEB–GGH, was lodged with the
request to Tonia Fleetwood Under the terms of the proposed United States District Court for the
(tonia.fleetwood@usdoj.gov), fax no. Consent Decree, Minnkota and Square Eastern District of California on April
(202) 514–0097, phone confirmation Butte will install or upgrade pollution 26, 2006.
cchase on PROD1PC60 with NOTICES

number (202) 514–1547. In requesting a controls for SO2 NOX, and PM for the This proposed Consent Decree
copy, please enclose a check in the two electricity generating units at the concerns a complaint filed by the
amount of $6.25 (without attachments) Milton R. Young facility, at an estimated United States against the County of
or $8.75 (with attachments) for United cost of over $100 million. Minnkota and Sacramento, pursuant to 33 U.S.C.
States v. Jay James Jackson, et al, (25 Square Butte will also pay $850,000 in 1311(a) and 1344, to obtain injunctive

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