[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Pages 8473-8474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4128]


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DEPARTMENT OF JUSTICE


Notice of 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. Block 
Island Power Company, Inc., Civil Action No. 98-045-ML was lodged on 
January 28, 1998, in the United States District Court for the District 
of Rhode Island. The consent decree settles an action commenced in a 
complaint filed January 28, 1998, under the Clean Air Act, 42 U.S.C. 
7401 et seq., arising out of operations at the Block Island Power 
Company, Inc. (``BIPCO'') facility on Block Island in the State of 
Rhode Island. BIPCO generates and sells electricity to the residents of 
Block Island through the use of diesel generators. The air pollutants 
emitted by the diesel generators include nitrogen oxides 
(``NOX''). NOX is an ozone precursor which means 
that, once emitted, it is transformed in the atmosphere through 
reaction with volatile organic compounds into ground-level ozone or 
``smog.''
    The complaint alleges that BIPCO failed to obtain a permit prior to 
installation of eight diesel generators as required by Prevention of 
Significant Deterioration and Non-Attainment New Source Review 
requirements of the Clean Air Act, EPA regulations, and the State of 
Rhode Island State Implementation Plan. The complaint also alleges 
violations of the acid rain provisions of the Clean Air Act.

[[Page 8474]]

    Under the consent decree, BIPCO will pay a civil penalty to the 
United States of $90,000. BIPCO will also install an underwater cable 
to supply electricity to Block Island residents in lieu of operating 
the company's diesel generators. This will have the effect of 
eliminating emissions from BIPCO's facility. Installation of the cable 
was approved by the State of Rhode Island Public Utility Commission, 
after a public hearing, in a written order issued on August 22, 1997. 
BIPCO will permit any remaining generators as emergency back-up engines 
which will not require New Source Review permits. If BIPCO fails to 
install the cable in accordance with the consent decree, BIPCO will be 
required to comply with the New Source Review requirements including 
installation of pollution control equipment reducing emissions from the 
diesel generators to the Lowest Achievable Emission Rate and obtaining 
any necessary offsetting emission reductions. The consent decree also 
requires BIPCO to comply with the acid rain provisions of the Clean Air 
Act by either obtaining a regulatory exemption or installing, 
certifying, and operating monitoring systems as required by 40 CFR 
parts 72 and 75.
    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. Block Island Power Company, Inc., DOJ Ref #90-5-1-
2021.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Westminster Square Building, 10 Dorrance 
Street, 10th Floor, Providence, Rhode Island, 02903; the Region I 
Office of the Environmental Protection Agency, J.F. Kennedy Federal 
Building, Boston, Massachusetts, 02203-2211; and at the Consent Decree 
Library, 1120 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 made payable to the Consent 
Decree Library in the amount of $9.50 (25 cents per page reproduction 
costs).
Joel M. Gross,
Section Chief Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-4128 Filed 2-18-98; 8:45 am]
BILLING CODE 4410-15-M