Lodging of Consent Decree Pursuant to the Clean Air Act

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]

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