Notice: Lodging of Consent Decree Under The Comprehensive Environmental Response, Compensation, and Liability Act

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8064 Federal Register / Vol. 73, No.

29 / Tuesday, February 12, 2008 / Notices

having a direct or indirect financial Dale Plant, located near Winchester, The Modification may be examined at
interest in underground or surface coal Kentucky, and the Cooper Plant, located the Office of the United States Attorney,
mining operations. near Somerset, Kentucky. The Eastern District of Kentucky, 260 West
Bureau Form Number: OSM–23. complaint filed by the United States Vine Street, Suite 300, Lexington,
Frequency of Collection: Entrance on alleged that EKPC modified Spurlock Kentucky, 40507–1612, and at U.S. EPA
duty and annually. Unit 2 and Dale Units 3 and 4 without Region IV, 61 Forsyth Street, SW.,
Description of Respondents: Any State complying with PSD (including the Atlanta, Georgia, 30303–8960. During
regulatory authority employee or requirements to first obtain a PSD the public comment period, the
member of advisory boards or permit authorizing the modifications Modification may also be examined on
commissions established in accordance and to install and operate the best the following Department of Justice Web
with State law or regulation to represent available technology to control site, http://www.usdoj.gov/enrd/
multiple interests who performs any emissions of sulfur dioxide (‘‘SO2’’), Consent_Decrees.html. A copy of the
function or duty under the Surface nitrogen oxides (‘‘NOX’’), and/or Modification may also be obtained by
Mining Control and Reclamation Act. particulate matter (‘‘PM’’)), and mail from the Consent Decree Library,
Total Annual Responses: 3,540 modified Dale Units 3 and 4 without P.O. Box 7611, U.S. Department of
Total Annual Burden Hours: 1,184. complying with NSPS. The Complaint Justice, Washington, DC 20044–7611 or
Dated: February 1, 2008. also alleged that EKPC violated Title V by faxing or e-mailing a request to Tonia
John R. Craynon, of the Act by failing to include the PSD Fleetwood (tonia.fleetwood@usdoj.gov),
and NSPS requirements triggered by its fax no. (202) 514–0097, phone
Chief, Division of Regulatory Support.
modifications in its Title V operating confirmation number (202) 514–1547. In
[FR Doc. 08–598 Filed 2–11–08; 8:45 am] requesting a copy from the Consent
permits for the Spurlock and Dale
BILLING CODE 4310–05–M Decree Library, please enclose a check
plants. Finally, the Complaint alleged
that EKPC illegally operated Spurlock in the amount of $1.75 (25 cents per
Unit 2 at heat input capacities that were page reproduction cost) payable to the
DEPARTMENT OF JUSTICE higher than allowed by its operating U.S. Treasury or, if by e-mail or fax,
permit. forward a check in that amount to the
Notice of Lodging of Consent Decree Consent Decree Library at the stated
Modification In United States V. East The Consent Decree entered by the
Court on September 24, 2007 requires, address.
Kentucky Power Cooperative, Inc.
Under the Clean Air Act inter alia, that EKPC reduce SO2, NOX W. Benjamin Fisherow,
and PM emissions at its plants through Deputy Chief, Environmental Enforcement
Under 28 CFR 50.7, notice is hereby the installation and operation of state- Section, Environment and Natural Resources
given that on February 5, 2008, a of-the-art pollution control technologies Division.
proposed modification (‘‘Modification’’) and/or the retirement or re-powering of [FR Doc. E8–2493 Filed 2–11–08; 8:45 am]
to a consent decree (‘‘Consent Decree’’) certain units. The proposed BILLING CODE 4410–CW–P
between East Kentucky Power Modification would extend by up to 60
Cooperative, Inc. (‘‘EKPC’’) and the days the time for EKPC to comply with
United States, Civil Action No. 04–34– the Consent Decree’s 30-day rolling DEPARTMENT OF JUSTICE
KSF, was lodged with the United States average emission rates for NOX
District Court for the Eastern District of applicable to Spurlock Unit 1. The Notice of Lodging of Consent Decree
Kentucky. extension relates to a transformer failure Under the Comprehensive
The original Consent Decree was at the Spurlock Plant that altered Environmental Response,
lodged with the United States District EKPC’s scheduled installation of a third Compensation, and Liability Act
Court for the Eastern District of catalyst layer for selective catalytic (‘‘CERCLA’’)
Kentucky on July 2, 2007, and entered reduction (‘‘SCR’’) controls at Spurlock Under the policy set out at 28 CFR
by the Court on September 24, 2007. Unit 1, which resulted in EKPC’s 50.7, notice is hereby given that on
The Consent Decree resolved claims inability to operate the SCR in time to February 7, 2008, the United States
asserted by the United States against meet the applicable 30-day rolling lodged with the United States District
EKPC pursuant to Sections 113(b) and average emission rates for NOX. The Court for the District of Montana a
167 of the Clean Air Act (the ‘‘Act’’), 42 Modification also requires EKPC to proposed consent decree (‘‘Consent
U.S.C. 7413(b) and 7477, seeking mitigate the effect of the excess Decree’’) in the case of United States v.
injunctive relief and the assessment of emissions caused by the delay, by Atlantic Richfield Company, et al., Civil
civil penalties for EKPC’s violations of: retiring NOX allowances equal to the Action No. CV–89–39–BU–SEH. The
(a) The Prevention of Significant amount of excess emissions, plus a Consent Decree pertains primarily to the
Deterioration (‘‘PSD’’) provisions in Part premium of ten percent. Clark Fork River Operable Unit (the
C of Subchapter I of the Act, 42 U.S.C. The Department of Justice will receive ‘‘Clark Fork Site’’) in southwestern
7470–92; for a period of thirty (30) days from the Montana. The settlement would resolve
(b) The New Source Performance date of this publication comments the claims brought by the United States
Standards (‘‘NSPS’’) provisions of the relating to the Modification. Comments against the Atlantic Richfield Company
Act, 42 U.S.C. 7411; should be addressed to the Assistant under Section 107 of the
(c) Title V of the Act, 42 U.S.C. 7661, Attorney General, Environment and Comprehensive Environmental
et seq.; and Natural Resources Division, and either Response, Compensation and Liability
(d) The federally-enforceable State e-mailed to pubcomment- Act of 1980, as amended (‘‘CERCLA’’),
Implementation Plan (‘‘SIP’’) developed
mstockstill on PROD1PC66 with NOTICES

ees.enrd@usdoj.gov or mailed to P.O. 42 U.S.C. 9607, for the recovery of costs


by the Commonwealth of Kentucky. Box 7611, U.S. Department of Justice, incurred and to be incurred in
See 72 FR 37797 (July 11, 2007). Washington, DC 20044–7611, and responding to releases and threatened
EKPC operates three coal-fired power should refer to United States v. East releases of hazardous substances at the
plants in Kentucky: the Spurlock Plant, Kentucky Power Cooperative, D.J. Ref. Clark Fork Site. Under the terms of the
located near Maysville, Kentucky, the No. 90–5–2–1–08085. proposed Consent Decree, Atlantic

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Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices 8065

Richfield will provide funding to a related consent decree between the —Minimize the burden of the
implement EPA’s cleanup plan for the State of Montana and the Atlantic collection of information on those who
Clark Fork Site and reimburse costs Richfield Company regarding the Clark are to respond, including through the
incurred by EPA in responding to Fork, Anaconda, and Butte Sites. use of appropriate automated,
contamination at the Clark Fork Site. electronic, mechanical, or other
Robert Brook,
The proposed Consent Decree will also, technological collection techniques or
Assistant Section Chief, Environmental
among other things, require Atlantic other forms of information technology,
Enforcement Section, Environment and
Richfield to: reimburse the U.S. Natural Resources Division. e.g., permitting electronic submission of
National Park Service for costs incurred responses.
[FR Doc. E8–2547 Filed 2–11–08; 8:45 am]
by the National Park Service in
responding to contamination at the BILLING CODE 4410–CW–P Overview of This Information
Grant-Kohrs Ranch National Historic Collection
Site, which is a National Park within the DEPARTMENT OF JUSTICE (1) Type of Information Collection:
geographic boundary of the Clark Fork Extension of a currently approved
Site; pay the National Park Service and Drug Enforcement Administration collection.
the U.S. Bureau of Land Management (2) Title of the Form/Collection:
for natural resource damages restoration [OMB Number 1117–0003]
ARCOS Transaction Reporting—DEA
work at the Grant Kohrs Ranch and at Form 333.
Agency Information Collection
certain property owned by the U.S.
Activities: Proposed Collection; (3) Agency form number, if any, and
Bureau of Land Management within the
Comments Requested the applicable component of the
Clark Fork Site; and pay the State of
Department of Justice sponsoring the
Montana for restoration work that the ACTION: 60-Day Notice of Information
State plans to conduct at the Clark Fork collection:
Collection Under Review; ARCOS
Site and at two other Superfund sites in Form Number: DEA Form 333.
Transaction Reporting—DEA Form 333.
and near Anaconda and Butte, Montana. Office of Diversion Control, Drug
The Department of Justice will receive The Department of Justice (DOJ), Drug Enforcement Administration, United
comments relating to the proposed Enforcement Administration (DEA), will States Department of Justice.
Consent Decree for a period of sixty (60) be submitting the following information (4) Affected public who will be asked
days from the date of this publication. collection request to the Office of or required to respond, as well as a brief
Comments should be addressed to the Management and Budget (OMB) for abstract:
Assistant Attorney General, review and approval in accordance with Primary: Business or other for-profit.
Environment and Natural Resources the Paperwork Reduction Act of 1995. Other: None.
Division, and either e-mailed to The proposed information collection is
pubcomment-ees.enrd@usdoj.gov or published to obtain comments from the Abstract: Controlled substances
mailed to P.O. Box 7611, U.S. public and affected agencies. Comments Manufacturers and distributors must
Department of Justice, Washington, DC are encouraged and will be accepted report acquisition/distribution
20044–7611, and should refer to United until April 14, 2008. This process is transactions to DEA to comply with
States v. Atlantic Richfield, DJ Ref. No. conducted in accordance with 5 CFR Federal law and international treaty
90–11–2–430. 1320.10. obligations. This information helps to
The proposed Consent Decree may be If you have comments, especially on ensure a closed system of distribution
examined at the office of the United the estimated public burden or for these substances.
States Attorney for the District of associated response time, suggestions, (5) An estimate of the total number of
Montana, 2929 Third Avenue North, or need a copy of the proposed respondents and the amount of time
Suite 400, Billings, Montana 59101, and information collection instrument with estimated for an average respondent to
at the U.S. EPA Region VIII Montana instructions or additional information, respond: DEA estimates that 1,173
Office, Federal Building, 10 West 15th please contact Mark W. Caverly, Chief, respondents, with 7,768 responses
Street, Suite 3200, Helena, Montana Liaison and Policy Section, Office of annually to this collection. DEA
59624. During the public comment Diversion Control, Drug Enforcement estimates that it takes 1 hour to
period, the proposed Consent Decree Administration, Washington, DC 20537. complete the form.
may also be examined on the following Written comments and suggestions (6) An estimate of the total public
Department of Justice Web site: http:// from the public and affected agencies burden (in hours) associated with the
www.usdoj.gov/enrd/ concerning the proposed collection of collection: DEA estimates this collection
Consent_Decrees.html. In addition, a information are encouraged. Your has a public burden of 7,768 hours
copy of the Consent Decree may be comments should address one or more annually.
obtained by mail from the Consent of the following four points: If additional information is required
Decree Library, P.O. Box 7611, U.S. —Evaluate whether the proposed contact: Lynn Bryant, Department
Department of Justice, Washington, DC collection of information is necessary Clearance Officer, United States
20044–7611 or by faxing or e-mailing a for the proper performance of the Department of Justice, Justice
request to Tonia Fleetwood functions of the agency, including Management Division, Policy and
(tonia.fleetwood@usdoj.gov), fax no. whether the information will have Planning Staff, Patrick Henry Building,
(202) 514–0097, phone confirmation practical utility; Suite 1600, 601 D Street, NW.,
number (202) 514–1547. In requesting a —Evaluate the accuracy of the Washington, DC 20530.
copy from the Consent Decree Library, agency’s estimate of the burden of the
mstockstill on PROD1PC66 with NOTICES

please enclose a check payable to the proposed collection of information, Dated: February 6, 2008.
U.S. Treasury in the amount of $41.75 including the validity of the Lynn Bryant,
(25 cents per page reproduction cost) for methodology and assumptions used; Department Clearance Officer, PRA,
the Consent Decree, plus $188.00 if you —Enhance the quality, utility, and Department of Justice.
want a copy of the appendices to the clarity of the information to be [FR Doc. E8–2519 Filed 2–11–08; 8:45 am]
Consent Decree and $8.75 for a copy of collected; and BILLING CODE 4410–09–P

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