[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58790-58791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24711]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On September 24, 2015, the Department of Justice lodged a proposed
Consent Decree with the United States District Court of the Virgin
Islands in the lawsuit entitled United States of America v. Virgin
Islands Water and Power Authority, Civil Action No. 3:14-cv-00086.
The Consent Decree resolves Clean Air Act violations alleged in the
Complaint filed by the United States on October 30, 2014. The
violations alleged in the Complaint with respect to VIWAPA's St. Thomas
facility include VIWAPA's failure to properly operate and/or maintain
its water injection systems on its gas turbine units, failure to
operate in compliance with NOX, sulfuric acid mist,
particulate matter and VOC emission limits, failure to operate in
compliance with opacity limits, failure to perform required audits and
maintain required quality data availability, failure to properly
operate and calibrate the continuous emission monitoring systems (CEMS)
for NOX and CO, failure to conduct stack testing every 30
months, and failure to properly report non-compliance. The violations
alleged in the Complaint with respect to VIWAPA's St. John facility
concern VIWAPA's failure to comply with the RICE NESHAP regulations,
failure to timely submit a Title V renewal application and operation
without a Title V permit, and failure to conduct stack testing every 30
months.
The Consent Decree requires VIWAPA to generate a high percentage of
its KWh from liquid propane gas or liquid natural gas and renewables,
to implement a spare parts inventory program, to control NOX
emissions through improved operation of its water injection system, to
maintain and operate continuous emissions monitoring systems on
specified units, to operate a video camera system for visible
emissions, to perform stack testing, and to conduct targeted self-
audits and third party audits given its long term compliance problems.
The Consent Decree also requires a $1,300,000 penalty to be paid within
two years of the Effective Date of the Consent Decree. The penalty
amount was based upon VIWAPA's limited financial ability to pay a
penalty.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
Consent Decree. Comments should be addressed to the Assistant Attorney
General for the Environmental and Natural Resources Division, and
should refer to United States v. Virgin Islands Water and Power
Authority, DOJ Ref. # 90-5-2-1-10424. All comments must be submitted no
later than thirty days after the publication date of this notice.
Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department Web site: http://
[[Page 58791]]
www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611. Please
enclose a check or money order for $22.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement Section, Environment &
Natural Resources Division.
[FR Doc. 2015-24711 Filed 9-29-15; 8:45 am]
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