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)

Page Range		55206-55206
FR Document		2018-23985

Federal Register, Volume 83 Issue 213 (Friday, 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

55206 Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Notices

The company plans to manufacture Consent Decree also required a DEPARTMENT OF JUSTICE
the above-listed controlled substances $1,300,000 penalty, which VIWAPA has
in bulk for distribution to its customers. paid. The proposed Amended Consent U.S. Marshals Service
Dated: October 24, 2018. Decree makes certain changes to the [OMB Number 1105–0096]
John J. Martin, Consent Decree, including: Updating
Assistant Administrator. references to current operating units; Agency Information Collection
adding new units called reciprocating Activities; Proposed eCollection
[FR Doc. 2018–24006 Filed 11–1–18; 8:45 am]
internal combustion engines to the eComments Requested; Extension
BILLING CODE 4410–09–P
requirements of Paragraph 13 and any With No Changes, of a Previously
requirements associated with the Approved Collection; Sequestered
DEPARTMENT OF JUSTICE requirements of Paragraph 13; updating Juror Information Form
aspects of the Consent Decree that have
become outdated and are no longer AGENCY: U.S. Marshals Service,
Notice of Lodging of Proposed
relevant to its enforcement; addressing Department of Justice.
Amended Consent Decree Under the
Clean Air Act the current status of the St. John Unit; ACTION: 30-Day notice.
edits to Paragraph 21 regarding the SUMMARY: The Department of Justice
On October 25, 2018, the Department
Atomizer on Unit 14; and adding a date (DOJ), U.S. Marshals Service (USMS),
of Justice lodged a proposed Amended
certain for the performance of a stack will submit the following information
Consent Decree with the United States
test. collection request to the Office of
District Court of the Virgin Islands in
the lawsuit entitled United States of The Department of Justice will Management and Budget (OMB) for
America v. Virgin Islands Water and receive, for a period of thirty (30) days review and approval in accordance with
Power Authority, Civil Action No. 3:14– from the date of this publication, the Paperwork Reduction Act of 1995.
cv–00086. comments relating to the Consent The proposed information collection
The original Consent Decree resolved Decree. Comments should be addressed was previously published in the Federal
the Clean Air Act violations as alleged to the Assistant Attorney General for the Register on August 29, 2018, allowing
in the Complaint filed by the United Environmental and Natural Resources for a 60-day comment period.
States on October 30, 2014. The Division, and should refer to United DATES: Comments are encouraged and
violations alleged in the Complaint with States v. Virgin Islands Water and will be accepted for an additional 30
respect to VIWAPA’s St. Thomas facility Power Authority, DOJ Ref. # 90–5–2–1– days until December 3, 2018.
include VIWAPA’s failure to properly 10424. All comments must be submitted FOR FURTHER INFORMATION CONTACT: If
operate and/or maintain its water no later than thirty days after the you have additional comments,
injection systems on its gas turbine publication date of this notice. particularly with respect to the
units, failure to operate in compliance Comments may be submitted either by estimated public burden or associated
with NOX, sulfuric acid mist, particulate email or by mail: response time, have suggestions, need a
matter and VOC emission limits, failure
copy of the proposed information
to operate in compliance with opacity To submit Send them to: collection instrument with instructions,
limits, failure to perform required audits comments:
or desire any other additional
and maintain required quality data
By e-mail ...... pubcomment-ees.enrd@ information, please contact Nicole
availability, failure to properly operate
usdoj.gov. Timmons either by mail at CG–3, 10th
and calibrate the continuous emission
By mail ......... Assistant Attorney General, Floor, Washington, DC 20530–0001, by
monitoring systems (CEMS) for NOX
U.S. DOJ—ENRD, P.O. email at Nicole.Timmons@usdoj.gov, or
and CO, failure to conduct stack testing
Box 7611, Washington, DC by telephone at 202–236–2646. Written
every 30 months, and failure to properly 20044–7611. comments and/or suggestions can also
report non-compliance. The violations
alleged in the Complaint with respect to be directed to the Office of Management
VIWAPA’s St. John facility concern During the public comment period, and Budget, Office of Information and
VIWAPA’s failure to comply with the the Consent Decree may be examined Regulatory Affairs, Attention
RICE NESHAP regulations, failure to and downloaded at this Justice Department of Justice Desk Officer,
timely submit a Title V renewal Department website: http:// Washington, DC 20503 or sent to OIRA_
application and operation without a www.justice.gov/enrd/consent-decrees. submissions@omb.eop.gov.
Title V permit, and failure to conduct We will provide a paper copy of the SUPPLEMENTARY INFORMATION: Written
stack testing every 30 months. Consent Decree upon written request comments and suggestions from the
The Consent Decree, entered by the and payment of reproduction costs. public and affected agencies concerning
Court on September 30, 2016, requires Please mail your request and payment the proposed collection of information
VIWAPA to generate a high percentage to: Consent Decree Library, U.S. DOJ— are encouraged. Your comments should
of its KWh from liquid propane gas or ENRD, P.O. Box 7611, Washington, DC address one or more of the following
liquid natural gas and renewables, to 20044–7611. four points:
implement a spare parts inventory Please enclose a check or money order —Evaluate whether the proposed
program, to control NOX emissions for $22.75 (25 cents per page collection of information is necessary
through improved operation of its water reproduction cost) payable to the United for the proper performance of the
injection system, to maintain and States Treasury. functions of the agency, including
operate continuous emissions whether the information will have
monitoring systems on specified units, Robert Maher, practical utility;
to operate a video camera system for Assistant Section Chief, Environmental —Evaluate the accuracy of the agency’s
visible emissions, to perform stack Enforcement Section, Environment & Natural estimate of the burden of the
testing, and to conduct targeted self- Resources Division. proposed collection of information,
audits and third party audits given its [FR Doc. 2018–23985 Filed 11–1–18; 8:45 am] including the validity of the
long term compliance problems. The BILLING CODE 4410–15–P methodology and assumptions used;

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Document Created: 2018-11-02 01:09:28
Document Modified: 2018-11-02 01:09:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 55206