[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61590-61591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27944]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On December 20, 2017, the Department of Justice lodged a proposed
consent decree with the United States District Court for the District
of Arizona in the lawsuit entitled United States v. Apache Nitrogen
Products, Inc., Civil Action No. 4:17-cv-00612-RCC.
The proposed consent decree resolves claims set forth in a filed
complaint for civil penalties and injunctive relief against Apache
Nitrogen Products, Inc. (``Apache'' or ``ANPI'') for allegedly
violating the Arizona State Implementation Plan (the ``Arizona SIP''),
including the requirements for the Prevention of Significant
Deterioration (``PSD''), as set forth in Arizona Administrative Code
(``AAC''), which has been approved by the Environmental Protection
Agency (``EPA'') under Section 110 of the Clean Air Act, 42 U.S.C.
7410, and for allegedly violating a federal standard of performance for
new sources (``NSPS'') for nitric acid plants (40 CFR part 60, subpart
G) promulgated under Section 111 of the Clean Air Act, 42 U.S.C. 7411.
Under the decree, Apache will perform a computer-simulated air flow
study for a nitric acid production unit called ``AOP-4'' to determine,
at a minimum, the feasibility of Selective Catalytic Reduction as a
control technology. The results of the study will be submitted to
Arizona Department of Environmental Quality (``ADEQ''), the permitting
authority under the Arizona SIP, and ADEQ will make a Best Available
Control Technology determination and issue an appropriate permit based
on its finding. Under the proposed consent decree, Apache also will pay
a civil penalty of $600,000.
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
[[Page 61591]]
Resources Division, and should refer to United States v. Apache
Nitrogen Products, Inc., D.J. Ref. No. 90-5-2-1-10736. 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 website: https://www.justice.gov/enrd/consent-decrees. 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 $ 15.50 (25 cents per
page reproduction cost) payable to the United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2017-27944 Filed 12-27-17; 8:45 am]
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