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,