[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
