EPA SEEKS A CIVIL PENALTY FOR DEFENDANT'S VIOLATIONS OF SECT/ 111 OF THE CLEAN AIR ACT, 42 USC 7411, AS ADOPTED BY EPA UNDER THE NEW SOURCE PERFORMANCE STANDARDS ( NSPS ), EN- TITLED STANDARDS OF PERFORMANCE FOR STATIONARY GAS TUR- BINES, 40 CFR PART 60, SUBPART GG. EPA HAS ALSO ADOPTED REGULATIONS UNDER SECT 111 OF THE ACT WHICH ARE ENTITLED GENERAL PROVISIONS AND WHICH ARE APPLICABLE TO ALL STATIONARY SOURCES THAT ARE SUBJECT TO A NSPS. THESE REGU- LATIONS ARE SET FORTH AT 40 CFR PART 60 SUBPART A. EPA ALSO SEEKS A CIVIL PENALTY FOR VIOLATIONS TO THE PSD PERMIT ISSUE ISSUED TO ECOEL?CTRICA ON OCT. 1, 1996 UNDER 40 CFR/52.21. DEFENDANT FAILED TO INSTALL AND OPERATE THE CONTROL EQUIP- MENT FOR NOX, FAILED TO INSTALL AND OPERATE THE CONTINUOUS EMISSION MONITORING EQUIPMENT, EXCEEDED THE NOX AND CO EMISSIONS AND FAILED TO TIMELY REPORT THE EXCESS EMISSIONS, AS REQUIRED BY THE PSD PERMIT AND 40 C.F.R. 52.21. * EcoElectrica failed to comply with the notification requirements of NESHAPS and failed to conduct initial performance testing as required by NESHAPS. EcoElectrica is now in compliance, therefore, no injunctive relief is warranted. The Defendant paid the penalty in its entirety on 12/03/03. The Defendant is in compliance with all other terms settlement is closed as of Dec. 5, 2003.