EPA v. GUAM POWER AUTHORITY

Case summary

GUAM POWER AUTHORITY OWNS AND OPERATES ELECTRIC GENERATING FACILITIES IN THE CABRAS-PITI AREA OF GUAM. IN AUGUST 1993, EPA GRANTED TO GPA A WAIVER FROM CERTAIN REQUIREMENTS OF THE ACT. THE 1993 WAIVER, GRANTED PURSUANT TO SECTION 325 OF THE ACT, INVOLVED GPA'S ELECTRIC GENERATING FACILITIES IN THE CABRAS-PITI AREA. THE MAIN PURPOSE OF THE 1993 WAIVER WAS TO ADDRESS EXCEEDENCES OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR SO2 IN THE CABRAS-PITI AREA WHILE ALLOWING GPA TO AVOID VERY EXPENSIVE COMPLIANCE OPTIONS WHICH OTHERWISE WOULD BE REQUIRED. EPA PLACED CONDITIONS ON THE 1993 WAIVER, INCLUDING ADHERENCE TO A FUEL-SWITCHING PROTOCOL DEVELOPED FOR THE CABRAS-PITI ELECTRIC GENERATING FACILITIES AND SUBMISSION OF BURN FUEL OIL WITH A LOWER SULFUR CONTENT ON THE OCCURRENCE OF ADVERSE WIND CONDITIONS. THE REPORTS TO BE SUBMITTED BY GPA WOULD ALLOW EPA TO OVERSEE GPA'S ADHERENCE TO THE CONDITIONS REQUIRED BY THE 1993 WAIVER. GPA VIOLATED THE CONDITIONS ATTACHED TO THE 1993 WAIVER BY FAILING TO FUEL SWITCH DURING SOME ADVERSE WIND CONDITIONS AND BY FAILING TO SUBMIT THE REQUIRED REPORTS IN A TIMELY MANNER. REGION 9 IS SEEKING A MINIMUM CIVIL PENALTY OF $70,500 AND INJUNCTIVE RELIEF REQUIRNIG GPA TO COMPLY WITH THE CONDITIONS OF THE 1993 WAIVER. REGION 9 BELIEVES THAT GPA WILL BE WILLING TO REACH A SETTLEMENT REGARDING THE VIOLATIONS AND WILL AGREE TO A CONSENT DECREE WHICH INCLUDES A CIVIL PENALTY AND STIPULATED PENALTIES TO ENSURE GPA'S COMPLIANCE WITH THE CONDITIONS OF THE 1993 WAIVER.

Defendants (1)

• GUAM POWER AUTHORITYNamed in settlement

Facilities (1)

• GUAM POWER AUTHORITY - CABRAS POWER PLANT

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

  Registry ID: 110007501499

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• GUAM POWER AUTHORITYentered 1999-02-25

  Primary law: CAA

  Federal penalty: $170,000

Timeline (5 milestones)

• 1995-05-18Enforcement Action Data Entered
• 1995-09-29Referred To Dept Of Justice
• 1999-01-25Final Order Lodged
• 1999-01-25Complaint Filed With Court
• 1999-02-25Final Order Entered