[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23985]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Amended Consent Decree Under the
Clean Air Act
On October 25, 2018, the Department of Justice lodged a proposed
Amended 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 original Consent Decree resolved the Clean Air Act violations
as 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, entered by the Court on September 30, 2016,
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
required a $1,300,000 penalty, which VIWAPA has paid. The proposed
Amended Consent Decree makes certain changes to the Consent Decree,
including: Updating references to current operating units; adding new
units called reciprocating internal combustion engines to the
requirements of Paragraph 13 and any requirements associated with the
requirements of Paragraph 13; updating aspects of the Consent Decree
that have become outdated and are no longer relevant to its
enforcement; addressing the current status of the St. John Unit; edits
to Paragraph 21 regarding the Atomizer on Unit 14; and adding a date
certain for the performance of a stack test.
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 e-mail........................... [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 website: http://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 Maher,
Assistant Section Chief, Environmental Enforcement Section, Environment
& Natural Resources Division.
[FR Doc. 2018-23985 Filed 11-1-18; 8:45 am]
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