82_FR_61838 82 FR 61590 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

82 FR 61590 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range61590-61591
FR Document2017-27944

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017) 
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61590-61591]
From the Federal Register Online  [www.thefederalregister.org]
[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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    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]
 BILLING CODE 4410-15-P

61590 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices Liquid nitrated polyol and Potassium chlorate and lead sulfocyanate Water-bearing explosives having salts of trimethylolethane. explosive. oxidizing acids and nitrogen bases, sulfates, Liquid oxygen explosives. Potassium nitrate explosive mixtures. or sulfamates (cap sensitive). M Potassium nitroaminotetrazole. Water-in-oil emulsion explosive Magnesium ophorite explosives. Pyrotechnic compositions. compositions. Mannitol hexanitrate. Pyrotechnic fuses. X MDNP [methyl 4,4-dinitropentanoate]. PYX [2,6-bis(picrylamino)] 3,5- Xanthomonas hydrophilic colloid MEAN [monoethanolamine nitrate]. dinitropyridine. explosive mixture. Mercuric fulminate. R Mercury oxalate. RDX [cyclonite, hexogen, T4, cyclo-1,3,5,- Thomas E. Brandon, Mercury tartrate. trimethylene-2,4,6,-trinitramine; hexahydro- Deputy Director. Metriol trinitrate. 1,3,5-trinitro-S-triazine]. [FR Doc. 2017–28010 Filed 12–27–17; 8:45 am] Minol-2 [40% TNT, 40% ammonium S nitrate, 20% aluminum]. Safety fuse. BILLING CODE 4410–FY–P MMAN [monomethylamine nitrate]; Salts of organic amino sulfonic acid methylamine nitrate. explosive mixture. Mononitrotoluene-nitroglycerin mixture. Salutes (bulk). DEPARTMENT OF JUSTICE Monopropellants. Silver acetylide. N Silver azide. Notice of Lodging of Proposed NIBTN [nitroisobutametriol trinitrate]. Silver fulminate. Consent Decree Under the Clean Air Nitrate explosive mixtures. Silver oxalate explosive mixtures. Act Nitrate sensitized with gelled nitroparaffin. Silver styphnate. Nitrated carbohydrate explosive. Silver tartrate explosive mixtures. On December 20, 2017, the Nitrated glucoside explosive. Silver tetrazene. Department of Justice lodged a proposed Nitrated polyhydric alcohol explosives. Slurried explosive mixtures of water, consent decree with the United States Nitric acid and a nitro aromatic compound inorganic oxidizing salt, gelling agent, fuel, District Court for the District of Arizona explosive. and sensitizer (cap sensitive). in the lawsuit entitled United States v. Nitric acid and carboxylic fuel explosive. Smokeless powder. Sodatol. Apache Nitrogen Products, Inc., Civil Nitric acid explosive mixtures. Nitro aromatic explosive mixtures. Sodium amatol. Action No. 4:17–cv–00612–RCC. Nitro compounds of furane explosive Sodium azide explosive mixture. The proposed consent decree resolves mixtures. Sodium dinitro-ortho-cresolate. claims set forth in a filed complaint for Nitrocellulose explosive. Sodium nitrate explosive mixtures. civil penalties and injunctive relief Nitroderivative of urea explosive mixture. Sodium nitrate-potassium nitrate explosive against Apache Nitrogen Products, Inc. Nitrogelatin explosive. mixture. (‘‘Apache’’ or ‘‘ANPI’’) for allegedly Nitrogen trichloride. Sodium picramate. violating the Arizona State Nitrogen tri-iodide. Squibs. Implementation Plan (the ‘‘Arizona Nitroglycerine [NG, RNG, nitro, glyceryl Styphnic acid explosives. SIP’’), including the requirements for trinitrate, trinitroglycerine]. T Nitroglycide. Tacot [tetranitro-2,3,5,6-dibenzo-1,3a,4,6a the Prevention of Significant Nitroglycol [ethylene glycol dinitrate, tetrazapentalene]. Deterioration (‘‘PSD’’), as set forth in EGDN]. TATB [triaminotrinitrobenzene]. Arizona Administrative Code (‘‘AAC’’), Nitroguanidine explosives. TATP [triacetonetriperoxide]. which has been approved by the Nitronium perchlorate propellant mixtures. TEGDN [triethylene glycol dinitrate]. Environmental Protection Agency Nitroparaffins Explosive Grade and Tetranitrocarbazole. (‘‘EPA’’) under Section 110 of the Clean ammonium nitrate mixtures. Tetrazene [tetracene, tetrazine, 1(5- Air Act, 42 U.S.C. 7410, and for Nitrostarch. tetrazolyl)-4-guanyl tetrazene hydrate]. allegedly violating a federal standard of Nitro-substituted carboxylic acids. Tetrazole explosives. performance for new sources (‘‘NSPS’’) Nitrourea. Tetryl [2,4,6 tetranitro-N-methylaniline]. O Tetrytol. for nitric acid plants (40 CFR part 60, Octogen [HMX]. Thickened inorganic oxidizer salt slurried subpart G) promulgated under Section Octol [75 percent HMX, 25 percent TNT]. explosive mixture. 111 of the Clean Air Act, 42 U.S.C. Organic amine nitrates. TMETN [trimethylolethane trinitrate]. 7411. Organic nitramines. TNEF [trinitroethyl formal]. Under the decree, Apache will P TNEOC [trinitroethylorthocarbonate]. perform a computer-simulated air flow PBX [plastic bonded explosives]. TNEOF [trinitroethylorthoformate]. study for a nitric acid production unit Pellet powder. TNT [trinitrotoluene, trotyl, trilite, triton]. called ‘‘AOP–4’’ to determine, at a Penthrinite composition. Torpex. minimum, the feasibility of Selective Pentolite. Tridite. Catalytic Reduction as a control Perchlorate explosive mixtures. Trimethylol ethyl methane trinitrate Peroxide based explosive mixtures. composition. technology. The results of the study will PETN [nitropentaerythrite, pentaerythrite Trimethylolthane trinitrate-nitrocellulose. be submitted to Arizona Department of tetranitrate, pentaerythritol tetranitrate]. Trimonite. Environmental Quality (‘‘ADEQ’’), the Picramic acid and its salts. Trinitroanisole. permitting authority under the Arizona Picramide. Trinitrobenzene. SIP, and ADEQ will make a Best Picrate explosives. Trinitrobenzoic acid. Available Control Technology Picrate of potassium explosive mixtures. Trinitrocresol. determination and issue an appropriate Picratol. Trinitro-meta-cresol. sradovich on DSK3GMQ082PROD with NOTICES permit based on its finding. Under the Picric acid (manufactured as an explosive). Trinitronaphthalene. proposed consent decree, Apache also Picryl chloride. Trinitrophenetol. Picryl fluoride. Trinitrophloroglucinol. will pay a civil penalty of $600,000. PLX [95% nitromethane, 5% Trinitroresorcinol. The publication of this notice opens ethylenediamine]. Tritonal. a period for public comment on the Polynitro aliphatic compounds. U consent decree. Comments should be Polyolpolynitrate-nitrocellulose explosive Urea nitrate. addressed to the Assistant Attorney gels. W General, Environment and Natural VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1

Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices 61591 Resources Division, and should refer to emissions. At the Ponca City facility in reproduction cost) payable to the United United States v. Apache Nitrogen Oklahoma and the Phenix City facility States Treasury. Products, Inc., D.J. Ref. No. 90–5–2–1– in Alabama, these pollution control Thomas Carroll, 10736. All comments must be submitted requirements included, among other Assistant Section Chief, Environmental no later than thirty (30) days after the requirements, installation of Dry Gas Enforcement Section, Environment and publication date of this notice. Scrubber or Wet Gas Scrubber (‘‘DGS’’ Natural Resources Division. Comments may be submitted either by or ‘‘WGS’’) systems designed to reduce [FR Doc. 2017–28102 Filed 12–27–17; 8:45 am] email or by mail: sulfur dioxide emissions, and Selective BILLING CODE 4410–15–P Catalytic Reduction (‘‘SCR’’) systems to To submit Send them to: reduce nitrogen oxide emissions. The comments: sulfur dioxide reduction systems are DEPARTMENT OF JUSTICE By email ....... pubcomment-ees.enrd@ also expected to result in an ancillary usdoj.gov. reduction in particulate matter Notice of Lodging of Proposed By mail ......... Assistant Attorney General, emissions. Consent Decree Under the Clean Air U.S. DOJ—ENRD, P.O. Act Box 7611, Washington, DC The parties have now agreed to 20044–7611. modify certain Consent Decree On December 22, 2017, the deadlines. The modification resolve Department of Justice lodged a proposed During the public comment period, issues regarding the feasibility of the Consent Decree with the United States the consent decree may be examined affected deadlines and resolves a District Court for the Western District of and downloaded at this Justice Louisiana in the lawsuit entitled United potential dispute between the parties Department website: https:// States and the State of Louisiana v. concerning them. The modification does www.justice.gov/enrd/consent-decrees. Orion Engineered Carbons, LLC (W.D. not change Defendant’s ultimate La.), Civil Action No. 6:17–cv–01660. We will provide a paper copy of the obligation to install and operate In this civil enforcement action under consent decree upon written request pollution controls at its facilities. the federal Clean Air Act (‘‘Act’’), the and payment of reproduction costs. Please mail your request and payment The publication of this notice opens United States and the State of Louisiana to: Consent Decree Library, U.S. DOJ— a period for public comment on the allege that Orion Engineered Carbons, ENRD, P.O. Box 7611, Washington, DC proposed modification to the Consent LLC (‘‘Defendant’’), failed to comply 20044–7611. Decree. Comments should be addressed with certain requirements of the Act Please enclose a check or money order to the Assistant Attorney General, intended to protect air quality at four for $ 15.50 (25 cents per page Environment and Natural Resources carbon black manufacturing facilities in reproduction cost) payable to the United Division, and should refer to United Franklin, Louisiana, Borger, Texas, States Treasury. Orange, Texas, and Belpre, Ohio. The States et al. v. Continental Carbon complaint seeks injunctive relief and Henry S. Friedman, Company, Civil Case No. 5:15–cv– civil penalties for violations of the Act’s Assistant Section Chief, Environmental 00290–F (W.D. Okla.), D.J. Ref. No. 90– Prevention of Significant Deterioration Enforcement Section, Environment and 5–2–1–09729. All comments must be provisions, 42 U.S.C. 7470–92, the Act’s Natural Resources Division. submitted no later than thirty (30) days Nonattainment New Source Review [FR Doc. 2017–27944 Filed 12–27–17; 8:45 am] after the publication date of this notice. provisions, 42 U.S.C. 7501–7515, the BILLING CODE 4410–15–P Comments may be submitted either by Act’s Title V permit provisions and email or by mail: certain operating permit requirements, 42 U.S.C. 7661a–76661f, and various DEPARTMENT OF JUSTICE To submit Clean Air Act implementing regulations. Send them to: comments: Notice of Lodging of Proposed The complaint alleges that Defendant Modification of Consent Decree Under By email ....... pubcomment-ees.enrd@ failed to obtain appropriate permits and the Clean Air Act usdoj.gov. failed to install and operate required By mail ......... Assistant Attorney General, pollution control devices to reduce On December 22, 2017, the U.S. DOJ—ENRD, P.O. emissions of sulfur dioxide (‘‘SO2’’), Department of Justice lodged a proposed Box 7611, Washington, nitrogen oxides (‘‘NOX’’), and/or modification to a Consent Decree with D.C. 20044–7611. particulate matter (‘‘PM’’) at its four the United States District Court for the carbon black facilities. Western District of Oklahoma in United During the public comment period, The proposed Consent Decree would States and the Oklahoma Department of the proposed modification to the resolve violations for certain provisions Environmental Quality and the State of Consent Decree may be examined and of the Act at the four facilities, and Alabama v. Continental Carbon downloaded at this Justice Department would require the Defendant to reduce Company, Civil Case No. 5:15–cv– website: https://www.justice.gov/enrd/ harmful SO2, NOX, and PM emissions 00290–F (W.D. Okla.). through the installation and operation of The original Consent Decree was consent-decrees. We will provide a pollution controls. The Defendant will entered on May 7, 2015, and resolved paper copy of the proposed also spend $550,000 to fund civil claims under the Clean Air Act at modification upon written request and environmental mitigation projects that the Defendant’s three carbon black payment of reproduction costs. Please sradovich on DSK3GMQ082PROD with NOTICES will further reduce emissions and manufacturing facilities located in mail your request and payment to: benefit communities adversely affected Oklahoma, Alabama, and Texas. The Consent Decree Library, U.S. DOJ— by the pollution from the facilities, and Consent Decree imposed various ENRD, P.O. Box 7611, Washington, DC pay a civil penalty of $800,000. pollution control requirements on 20044–7611. The publication of this notice opens Defendant’s facilities, including Please enclose a check or money order a period for public comment on the requirements related to sulfur dioxide, for $4.75 (25 cents per page proposed Consent Decree. Comments nitrogen oxides, and particulate matter should be addressed to the Assistant VerDate Sep<11>2014 18:14 Dec 27, 2017 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1


Document Created: 2017-12-28 00:44:10
Document Modified: 2017-12-28 00:44:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 61590 
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