[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Notices]
[Pages 54518-54519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26250]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
Notice is hereby given that a Superseding Consent Decree in United
States v. Virgin Islands Water and Power Authority, Civil Action No.
83-85, was lodged on October 17, 1995 with the United States District
Court for the District of the Virgin Islands.
The complaint in this action was filed in March, 1983 against the
Virgin Islands Water and Power Authority (``VIWAPA'') pursuant to
Section 113(b) of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(b)
for penalties and injunctive relief for violations of the Act and the
provisions of Air Quality Implementation Plan for the United States
Virgin Islands (the ``SIP'') established pursuant to Section 110 of the
Act, 42 U.S.C. 7410. The complaint alleged, inter alia, that VIWAPA
violated the Act by failing to comply with the Prevention of
Significant Deterioration of Air Quality (``PSD'') regulations set
forth in 40 C.F.R. 52.21, with respect to its installation and
subsequent operation of two gas turbines, one located on St. Thomas and
one located on St. Croix. In April, 1983,
[[Page 54519]]
the Court entered a Final Judgment (On Consent) in the action which set
forth a compliance schedule for PSD applicability requests and PSD
permit applications in the event EPA determined the two gas turbines
were subject to PSD review.
In 1992, the Court entered into an Amendment to the Final Judgment
(On Consent) (``Amendment''). The Amendment established revised
compliance schedules for permit applications and fuel burning
requirements to be imposed upon VIWAPA to bring VIWAPA's two gas
turbines into compliance with the PSD regulations.
The proposed Superseding Consent Decree embodies an agreement by
VIWAPA to pay a civil penalty in the amount of $50,000 within 20 days
of entry of the Decree and place $100,000 into an escrow account within
15 days of lodging of the Decree. The $100,000, plus accrued interest,
will become payable to the United States upon specified violations set
forth in the Decree. If no such violation(s) occur before the
expiration of the Decree, the $100,000, plus accrued interest, will be
returned to VIWAPA. In addition, VIWAPA has agreed to obtain and comply
with PSD permits for two of its gas turbines on St. Thomas and two of
its gas turbines on St. Croix and undertake a maintenance program to
ensure continued compliance with these permits.
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, D.C. 20530, and should refer to
United States v. Virgin Islands Water and Power Authority, DOJ Ref. #
90-5-2-1-568A.
The proposed Consent Decree may be examined at the Region II Office
of the Environmental Protection Agency, 290 Broadway, New York, New
York, at the United States Attorney's Office located at the Federal
Building and U.S. Courthouse, Charlotte Amalie, St. Thomas, Virgin
Islands, and at the Consent Decree Library, 1120 G Street, N.W., 4th
Floor, Washington, D.C. 20005, (202) G Street, N.W., 4th Floor,
Washington, D.C. 20005, (202) 624-0892. A copy of the proposed consent
decree may be obtained in person or by mail from the Consent Decree
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In
requesting a copy, please refer to the referenced case and enclose a
check in the amount of $5.25 payable to the Consent Decree Library.
Joel M. Gross,
Acting Section Chief, Environmental Enforcement Section.
[FR Doc. 95-26250 Filed 10-23-95; 8:45 am]
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