EPA v. V.I. WATER & POWER

Case summary

NATURE OF THE CASE: VIWAPA OPERATES OIL-FIRED POWER GENERATION & DESALINI- ZATION FACILITIES ON THE ISLANDS OF ST. TOMAS & ST.CROIX. THESE INSTALLATIONS ARE STATIONARY SOURCES OF AIR POLLUTION EMISSIONS &, AS SUCH, ARE SUBJECT TO THE REQUIREMENTS OF THE CAA & THE REGULATIONS PROMULGATED THEREUNDER. VIWAPA ACQUIRED 2 GENERAL ELECTRIC STATIONARY GAS TUR- BINES IN LATE 1980 AS A CONSEQUENCE OF AN ISLAND-WIDE POWER CRISIS. THESE ARE ELECTRIC-GENERATING TURBINES POWERED BY HOT GASES, USALLY FROM A DIESEL-FUELED COMBUSTION SOURCE. THEREAFTER, EPA REGN 2 ISSUED NOTICES OF VIOL TO VIWAPA IN CONNECTION W/ITS CONSTRUCTION & SUBSEQUENT OPERATION OF TURBINES AT THE ST. THOMAS & ST.CROIX POWER INSTALLATIONS IN VIOL OF THE REQUIREMENTS OF THE USVI IMPLEMENTATION PLAN & THE PSD & NSPS REGULATIONS. EPA REGN 2 HAS HAD NUMEROUS CONFERENCES W/REPS OF VIWAPA SUBSEQUENT TO THE ISSUANCE OF THE AFOREMENTIONED NOVS. THESE DISCUSSIONS HAVE RECENTLY RESULTED IN AN AGREE- MENT, THE TERMS OF WHICH HAVE BEEN INCORPORATED IN THE PROPOSED CD. ************************************************************ ENTERED CONSENT DECREE IN CDETS #02-82-C004 ************************************************************ *ENFORCEMENT OF CONSENT DECREE ENTERED NOVEMBER 7, 1988. VIOLATIONS UPON WHICH ACTION IS BASED: THE VIRGIN ISLANDS WATER AND POWER AUTHORITY (VIWAPA) AGREED IN THE FINAL JUDGEMENT (ON CONSENT) TO OPERATE TWO GAS TURBINES IN ACCORDANCE WITH PERMITS TO BE ISSUED BY THE DEPT. OF PLANNING AND NATURAL RESOURCES. THESE PERMITS, ISSUED IN FEBRUARY 1987, SET FUEL LIMITATIONS FOR THE TWO TURBINES. VIWAPA EXCEEDED THE LIMITATIONS ON BOTH OF THE TURBINES. PROPOSED RELIEF TO BE SOUGHT: THE FINAL JUDGEMENT PROVIDES FOR STIPULATED PENALTIES EQUALING $1,000 PER DAY. VIWAPA HAS EXCEEDED THE FUEL LIMI- TATIONS SET OUT IN THEIR PERMITS FOR A TOTAL OF 15 MONTHS, OR APPROXIMATELY 466 DAYS. THE RESULTANT PENALTY MAY BE UN- OBTAINABLE BECAUSE OF TWO OTHER ENFORCEMENT ACTIONS AGAINST VIWAPA AND VIWAPA'S ECONOMIC PROBLEMS. THE LITIGATION TEAM MAY WISH TO WEIGH THE LITIGATION RISKS OF ATTEMPTING TO COLLECT THE FULL STIPULATED PENALTIES IN LIGHT OF THESE CONSIDERATIONS.

Defendants (1)

• VIRGIN ISLANDS WATER & POWER AUTHORITYNamed in complaintNamed in settlement

Facilities (7)

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  ESTATE RICHMOND, SAINT CROIX, VI, 00821

  Registry ID: 110000602866

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  ESTATE RICHMOND, SAINT CROIX, VI, 00821

  Registry ID: 110000602866

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  ESTATE RICHMOND, SAINT CROIX, VI, 00821

  Registry ID: 110000602866

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  ESTATE RICHMOND, SAINT CROIX, VI, 00821

  Registry ID: 110000602866

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

Statutes cited

• CAA PARTC — Prevention of Significant Deterioration of Air Quality
• CAA 111 — New Source Performance Standards

Enforcement conclusions (2)

• VIRGIN ISLANDS WTR & PWR AUTHentered 1983-04-13

  Primary law: CAA

  Federal penalty: $75,000

• VIRGIN ISLANDS WTR & PWR AUTHentered 1996-01-25

  Primary law: CAA

  Federal penalty: $150,000

Timeline (8 milestones)

• 1982-09-30Referred To Headquarters
• 1982-11-24Referred To Dept Of Justice
• 1983-03-18Referred TO U.S. Attorney
• 1983-03-28Complaint Filed With Court
• 1996-01-25Final Order Lodged
• 1996-01-25Final Order Entered
• 1996-01-25Concluded
• 1998-10-17Enforcement Action Closed