[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Page 60723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24511]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On September 28, 2012, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Colorado in the lawsuit entitled United States v. Elm Ridge 
Exploration Company LLC, Civil Action No. 12-cv-02584.
    The Consent Decree resolves alleged violations of the Clean Air 
Act's hazardous air pollutant control program at 42 U.S.C. 7412, and 
its Title V federal operating permits program at 42 U.S.C. 7661 at Elm 
Ridge's Ignacio Gas Treating Plant in La Plata County, Colorado, within 
the exterior boundaries of the Southern Ute Indian Reservation. The 
Consent Decree requires: (1) Payment of a civil penalty of $207,150; 
(2) performance of a $150,000 SEP to replace 50 residential wood stoves 
on the Reservation with cleaner wood or pellet stoves; (3) $67,850 paid 
to EPA's Title V fee fund to recover unpaid Title V permit fees; (4) 
mitigation of past violations by replacing four engines not presently 
covered by the HAP regulations with newer, cleaner engines at a cost of 
approximately $1,050,000; (5) injunctive provisions to ensure forward 
compliance with the Act's HAP control program on all eight engines at 
the Facility; (6) replacement of existing instrument gas systems with 
instrument air systems at a cost of $125,000; and (7) a requirement 
that Elm Ridge submit an updated Title V permit application to the 
Southern Ute Indian Tribe, which has recently obtained delegated Title 
V authority.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Elm Ridge Exploration Company LLC, 
D.J. Ref. No. 90-5-2-1-10362. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

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            To submit comments:                     Send them to:
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By email..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to:

Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 
20044-7611.

    Please enclose a check or money order for $10.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-24511 Filed 10-3-12; 8:45 am]
BILLING CODE 4410-15-P