[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