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 Se