83 FR 55206 - Notice of Lodging of Proposed Amended Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 213 (November 2, 2018)

[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55206]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 4410-15-P