EPA v. Virgin Islands Water and Power Authority - Estate Richmond

Case summary

Defendant, as an owner and operator of the Estate Richmond facility comprised of four (4) oil-fired gas turbines and two (2) heat recovery steam generating (HRSG) units is subject to the provisions of Sections 110, 111, 114 and 165 of the Act. Defendant is also subject to the Prevention of Significant Deterioration of Air Quality regulations (PSD regulations), 40 C.F.R. 52.21, the New Source Performance Standards (NSPS General Provisions), Subpart GG (Stationary Gas Turbine NSPS), 40 C.F.R. Part 60, the federal regulations NSPS regulations and the federal PSD regulations promulgated. Since at least October 2005 to the present, the Defendant has continued to fall below the data-availability requirements for almost every quarter, for one parameter or other, on one or more units. Throughout this period, the Defendant has failed to operate in compliance with the required NOX emission limits, by operating either without water/steam injection or without proper maintenance of the required water/steam-to-fuel ratio. During this time period, the Defendant has also failed to continuously comply with continuous emission monitoring system (CEMS) and continuous opacity monitoring system (COMS) availability requirements, CEMS/COMS monitoring requirements and CEMS/COMS calibration requirements. Additionally, the Defendant has failed to identify noncompliance with the facility's PSD Permit in the facility's Quarterly PSD Reports and to identify noncompliance in the facility's NSPS Semiannual Reports. EPA requests that DOJ, pursuant to Section 113(b) of the Act, initiate a civil action to resolve the violations found at the Estate Richmond facility. A Consent Decree (CD) should require injunctive relief, civil penalties and stipulated penalties for non-compliance with the CD. The settlement, entered on August 12, 2014, requires the Defendant to comply with all applicable provisions of the New Source Performance Standards (NSPS), the SIP and conditions of the facility PSD and title V Operating Permits, which requires, among other things: (1) operation and maintenance of the water to fuel injection pollution control system within established required operating ranges; (2) quarterly quality assurance control testing of and operation and maintenance of the NOX and CO CEMS and the Opacity COMS in accordance with data availability requirements; and (3) stack/performance testing every 60 months. To assure compliance, the Consent Decree also requires: (1) third party audits and self-audits on alternating years; (2) development and maintenance of a Spare Parts Inventory Program for the facility's water to fuel injection system, CEMS and COMS; (3) installation of audible alarms to ensure maintenance of compliance within the established, required, operating ranges and (4) retention of a third party contractor for at least three years to enable proper operation of the facility's CEMS and COMS. The Defendant will also pay a $700,000 penalty to resolve the past violations and are subject to stipulated penalties for violating terms in the Consent Decree.

Defendants (1)

• Virgin Islands Water and Power AuthorityNamed in complaintNamed in settlement

Facilities (4)

• ESTATE RICHMOND GENERATING PLANT

  ESTATE RICHMOND, CHRISTIANSTED, ST. CROIX, VI, 00821-

  Registry ID: 110000602866

• ESTATE RICHMOND GENERATING PLANT

  ESTATE RICHMOND, CHRISTIANSTED, ST. CROIX, VI, 00821-

  Registry ID: 110000602866

• ESTATE RICHMOND GENERATING PLANT

  ESTATE RICHMOND, CHRISTIANSTED, ST. CROIX, VI, 00821-

  Registry ID: 110000602866

• ESTATE RICHMOND GENERATING PLANT

  ESTATE RICHMOND, CHRISTIANSTED, ST. CROIX, VI, 00821-

  Registry ID: 110000602866

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 114 — Record keeping, Inspection, Information Request
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• Virgin Islands Water and Power Authority - Estate Richmondentered 2014-08-12

  Primary law: CAA

  Federal penalty: $700,000

Timeline (8 milestones)

• 2011-09-27Referred To Dept Of Justice
• 2011-09-29Enforcement Action Data Entered
• 2013-03-25Complaint Filed With Court
• 2013-07-09Amended Complaint
• 2014-04-23Final Order Lodged
• 2014-08-12Concluded
• 2014-08-12Final Order Entered
• 2024-05-07Enforcement Action Closed