Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

Notice is hereby given that a Superseding Consent Decree in United

States v. Virgin Islands Water and Power Authority, Civil Action No.

83-85, was lodged on October 17, 1995 with the United States District

Court for the District of the Virgin Islands.

The complaint in this action was filed in March, 1983 against the

Virgin Islands Water and Power Authority (``VIWAPA'') pursuant to

Section 113(b) of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(b)

for penalties and injunctive relief for violations of the Act and the

provisions of Air Quality Implementation Plan for the United States

Virgin Islands (the ``SIP'') established pursuant to Section 110 of the

Act, 42 U.S.C. 7410. The complaint alleged, inter alia, that VIWAPA

violated the Act by failing to comply with the Prevention of

Significant Deterioration of Air Quality (``PSD'') regulations set

forth in 40 C.F.R. 52.21, with respect to its installation and

subsequent operation of two gas turbines, one located on St. Thomas and

one located on St. Croix. In April, 1983,

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the Court entered a Final Judgment (On Consent) in the action which set

forth a compliance schedule for PSD applicability requests and PSD

permit applications in the event EPA determined the two gas turbines

were subject to PSD review.

In 1992, the Court entered into an Amendment to the Final Judgment

(On Consent) (``Amendment''). The Amendment established revised

compliance schedules for permit applications and fuel burning

requirements to be imposed upon VIWAPA to bring VIWAPA's two gas

turbines into compliance with the PSD regulations.

The proposed Superseding Consent Decree embodies an agreement by

VIWAPA to pay a civil penalty in the amount of $50,000 within 20 days

of entry of the Decree and place $100,000 into an escrow account within

15 days of lodging of the Decree. The $100,000, plus accrued interest,

will become payable to the United States upon specified violations set

forth in the Decree. If no such violation(s) occur before the

expiration of the Decree, the $100,000, plus accrued interest, will be

returned to VIWAPA. In addition, VIWAPA has agreed to obtain and comply

with PSD permits for two of its gas turbines on St. Thomas and two of

its gas turbines on St. Croix and undertake a maintenance program to

ensure continued compliance with these permits.

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. Virgin Islands Water and Power Authority, DOJ Ref. #

90-5-2-1-568A.

The proposed Consent Decree may be examined at the Region II Office

of the Environmental Protection Agency, 290 Broadway, New York, New

York, at the United States Attorney's Office located at the Federal

Building and U.S. Courthouse, Charlotte Amalie, St. Thomas, Virgin

Islands, and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202) 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 in the amount of $5.25 payable to the Consent Decree Library.

Joel M. Gross,

Acting Section Chief, Environmental Enforcement Section.

[FR Doc. 95-26250 Filed 10-23-95; 8:45 am]

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