[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
