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

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]

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