EPA v. U.S. v. Guam Power Authority and Marianas Energy Company

Case summary

Civil Judicial Referral. Cabras Units 1 and 2 failed to comply with the Mercury and Air Toxics ( MATS ) rule by the compliance date of April 16, 2015. Cabras Units 3 and 4 and Piti Units 8 and 9 failed to comply with the RICE NESHAP rule by the compliance date of May 3, 2013. The settlement requires GPA to retire Cabras Units 1 and 2 and replace these units with 180 MW of new electric generating capacity and to permanently retire Cabras Units 3 and 4. In addition, the settlement requires GPA to permanently retire 2 steam EGU units at the Tanguisson Power Plant. As additional injunctive relief, the settlement requires GPA to build 100 MW of solar energy generating capacity with an associated 40 MW of battery energy storage capacity. The settlement requires MEC to convert Piti Units 8 and 9 from residual fuel oil-fired to ultra-low sulfur diesel fuel-fired and to retrofit the Piti units with oxidation catalysts. The Defendants are responsible for achieving and maintaining complete compliance with all applicable federal, State, and local laws, regulations, and permits; and the Defendants compliance with this Consent Decree shall be no defense to any action commenced pursuant to any such laws, regulations, or permits, except as set forth herein. The United States does not, by its consent to the entry of this Consent Decree, warrant or aver in any manner that the Defendants' compliance with any aspect of this Consent Decree will result in compliance with provisions of the Act, 42 U.S.C. Section 7401, et seq., or with any other provisions of federal, State, or local laws, regulations, or permits.

Defendants (2)

• Guam Power AuthorityNamed in complaintNamed in settlement
• Marianas Energy CompanyNamed in complaintNamed in settlement

Facilities (3)

• MARIANAS ENERGY COMPANY PITI 8 & 9

  180 CABRAS HWY, PITI, GU, 96915

  Registry ID: 110032613401

• MARIANAS ENERGY COMPANY PITI 8 & 9

  180 CABRAS HWY, PITI, GU, 96915

  Registry ID: 110032613401

• GPA CABRAS

  RTE 1 & 1A, CABRAS, PITI, GU, 96915

  Registry ID: 110007501499

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• U.S. v. Guam Power Authority and Marianas Energy Companyentered 2020-04-20

  Primary law: CAA

  Federal penalty: $400,000

Timeline (7 milestones)

• 2013-09-30Referred To Dept Of Justice
• 2013-10-30Enforcement Action Data Entered
• 2015-05-18Supplemental Referral-Adding parties, counts
• 2020-02-07Complaint Filed With Court
• 2020-02-07Final Order Lodged
• 2020-04-20Final Order Entered
• 2020-04-20Air Resolved