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)

[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:

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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]
 BILLING CODE 4410-15-P