[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Page 57083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21312]



[[Page 57083]]

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Notice is hereby given that, on September 7, 2004, a proposed 
Consent Decree in United States v. Apache Nitrogen Products, Inc., 
Civil Action No. 04-448 TUC DCB, was lodged with the United States 
District Court for the District of Arizona.
    In this action, the United States brought suit against Apache 
Nitrogen Products (``ANP'') pursuant to section 113(b) of the Clean Air 
Act (``CAA''), 42 U.S.C. 7413(b), and 40 CFR 60.11(d) for civil 
penalties and injunctive relief associated with ANP's violation of 
EPA's New Source Performance Standards. The complaint alleges that on 
numerous occasions between 1999 and 2002, ANP violated the NSPS by 
failing to maintain and operate its nitric acid facility, located in 
St. David, Arizona, in a manner consistent with good air pollution 
control practice for minimizing emissions.
    Under the terms of the Consent Decree filed simultaneously with the 
complaint, ANP agrees to pay a $40,000 civil penalty and to implement 
certain injunctive relief provisions. Specifically, in order to control 
NOX below the NSPS emission standard, Apache will operate a 
newly installed advanced NOX emissions control device at its 
facility. In addition, ANP agrees to: (1) Comply with the EPA approved 
operation and maintenance plan for the H2O2 
System; (2) submit any proposed revisions to the 
H2O2 System plan to the EPA; (3) comply with EPA 
requested revisions to the H2O2 System plan; (4) 
provide training to all employees involving in operating and 
maintaining the H2O2 System and maintain the 
plans in an area accessible to employees. If ANP fails to abide by the 
provisions of the Consent Decree, ANP will be subject to stipulated 
penalties.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, P.O. Box 7611, 
U.S. Department of Justice, Washington, DC 20044-7611, and should refer 
to United States v. Apache Nitrogen Products, Inc., D.J. Ref. 
90-5-2-1-1438/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 405 W. Congress Street, Suite 4800, Tucson, AZ 85701-
5040. During the public comment period, the Consent Decree, may also be 
examined on the following Department of Justice Web site http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, PO Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611 or by faxing a request 
to Tonia Fleetwood, fax no. (202) 514-0097, phone confirmation number 
(202) 514-1547. In requesting a copy from the Consent Decree Library, 
please enclose a check in the amount of $5.00 (25 cents per page 
reproduction cost) for the Consent Decree, payable to the U.S. 
Treasury.

Ellen M. Mahan,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-21312 Filed 9-22-04; 8:45 am]
BILLING CODE 4410-15-M