[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3154]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF JUSTICE
 

Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with Departmental policy, 28 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. Guam 
Power Authority, Civil Action No. CIV-94-0004 (D. Guam), was lodged on 
January 24, 1994 with the United States District Court for the District 
of Guam. This is a civil action against Guam Power Authority under 
section 113(b) of the Clean Air Act (``Act''), 42 U.S.C. 7413, for 
violation of the Prevention of Significant Deterioration (``PSD'') 
requirements of part C of the Clean Air Act, 42 U.S.C. 7470-7491, and 
the regulations promulgated thereunder at 40 CFR 52.21 (``the PSD 
regulations''), 40 CFR 52.21 that are incorporated into the Guam State 
Implementation Plan (``SIP''), and the New Source Performance Standards 
(``NSPS'') for gas turbines promulated pursuant to Section 111 of the 
Act, 42 U.S.C. 7411, and found in 40 CFR part 60.
    The Complaint seeks civil penalties and injunctive relief to ensure 
future compliance with the PSD regulations and the NSPS. The alleged 
violations involved failure to obtain an installation permit under the 
PSD regulations for construction of the Dededo Power Station (``the 
Station''); failure to provide written notice of the date of 
commencement of that construction pursuant to the NSPS; failure to 
provide written notice of the anticipated date of the initial startup 
of the Station pursuant to the NSPS; failure to provide written notice 
of the actual date of initial startup of the Station pursuant to the 
NSPS; and failure to conduct performance test(s) on gas turbines at the 
Station pursuant to the NSPS. Guam Power Authority is the owner and 
operator of the Station where the violation occurred. Guam Power 
Authority will pay a civil penalty of $150,000 and is enjoined to 
comply with all of the provision of the PSD permit issued by EPA with 
regard to a natural gas-fired turbine designated CT-1; and with all 
provisions of the NSPS Regulations applicable to CT-1; and to retest 
CT-1 pursuant to the requirements of 40 CFR 60.335(c) within sixty days 
of the lodging of the Consent Decree.
    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. Guam Power Authority, DOJ Ref. # 90-5-2-1-1831.
    The proposed consent decree may be examined at the office of the 
United States Attorney, suite 502-A, Pacific News Buildings, 238 
Archbishop Flores Street, Agana, Guam 96910; 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 
the proposed consent decree 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 please refer to the referenced case and 
enclose a check in the amount of $3.25 (25 cents per page reproduction 
costs), payable to the Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 94-3154 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-01-M