EPA v. GUAM POWER AUTHORITY

Case summary

GUAM POWER AUTHORITY (GPA), AN AGENCY OF THE GOVERNMENT OF GUAM, CREATED IN 1968, OWNSS AND OPERATES THE CABRAS STEAM PLANT, A POWER GENERATING FACILITY WHICH CONSISTS OF TWO 66-MEGAWATT FUEL OIL-FIRED UNITS. THEY SUPPLY ELECTRI- CAL POWER TO THE ISLAND OF GUAM. THIS IS A CASE WITH A 12 YEAR HISTORY . IN 1972 EPA NOTIFIED GPA THAT THE NEW CABRAS PLANT WOULD HAVE TO COMPLY WITH THE SULFUR DIOXIDE NSPS FOR FOSSIL-FUEL-FIRED STEAM GENERATORS (40CFR PART 60, SUBPART D). SINCE THEN THE FOL- LOWING ACTIONS HAVE BEEN TAKEN: - EPA DENIED A GPA REQUEST FOR A 'VARIANCE' - EPA ISUED A NOTICE OF VIOLATION (NOV) AND ORDER - GPA FILED AN ACTION SEEKING AN INJUNCTION AGAINST ENFORCEMENT OF THE ORDER - EPA FILED AN ENFORCEMENT ACTION - A CONSENT ORDER WAS ISSUED - THE ORDER WAS AMENDED THREE TIMES - A DELAYED COMPLIANCE ORDER (DCO) WAS ISSUED GPA IS NOW IN VIOLATION OF THE EXISTING CONSENT ORDER AND DCO AND IS LISTED IN CDS AS A SIGNIFICANT VIOLATOR WITHIN THE MEANING OF SPMS. SPECIFICALLY, GPA IS IN VIOLATION OF PAR 6(A) & 6(B) OF THE CONSENT ORDER IN THE FOLLOWING WAYS: - GPA FAILED TO ADVISE EPA BY 8/15/82 WHETHER IT HAD ENTERED INTO A FIRM UNDERTAKING FOR THE INSTALLATION OF A SEAWATER SCRUBBER. IN FACT, GPA HAS NOT ENTERED INTO SUCH AN UNDERTAKING. - GPA FAILED TO COMMENCE THE INSTALLATION BY 11/15/82. CONSEQUENTLY, REGION 9 RECOMMENDED THAT AN ACTION FOR CIVIL CONTEMPT BE FILED AGAINST GPA IN US DISTRICT COURT IN GUAM. HOWEVER, BECAUSE OF THREE EQUITABLE FACTORS IN GUAM'S DEFENSE---NAMELY 1. THAT THERE IS LITTLE ENVIRONMENTAL HARM SINCE DURING THE 5% OF THE TIME THE WIND BLOWS ON-SHORE, THE PLANT BURNS LOW-SULFUR FUEL, 2. THAT GPA IS IMPOVERISHED, AND 3. THAT THE CABRAS PLANT IS NEEDED TO PROVIDE ELECTRICAL POWER TO THE ISLAND OF GUAM. REGION 9 HAS NOT PROPOSED ANY SHUTDOWN OR ANY PARTICULAR REMEDY FOR THE CONSENT ORDER AND ITS VIOLATIONS. INSTEAD, REGION 9 BELIEVES THAT THE GOVERN- MENT OF GUAM SHOULD BRING THE VIOLATIONS TO THE ATTENTION OF THE JUDGE VIA AN APPLICATION FOR AN ORDER TO SHOW CAUSE, THEN LEAVING IT TO THE JUDGE TO FASHION A REMEDY.

Defendants (1)

• GUAM POWER AUTHORITYNamed in complaint

Facilities (1)

• GUAM POWER AUTHORITY - CABRAS POWER PLANT

  CABRAS HIGHWAY - POWER PLANT ACCESS ROAD, PITI, GU, 96925

  Registry ID: 110007501499

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Timeline (6 milestones)

• 1983-04-14Referred To Headquarters
• 1983-07-01Referred To Dept Of Justice
• 1983-08-28Referred TO U.S. Attorney
• 1983-09-01Complaint Filed With Court
• 1986-03-31Concluded
• 1986-03-31Enforcement Action Closed