[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51877-51878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24250]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On October 31, 2017, 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 of America and the 
State of Colorado v. PDC Energy, Inc., Civil Action No. 1:17-cv-01552-
MSK-MJW.
    The lawsuit seeks injunctive relief and civil penalties for 
violations of the Clean Air Act, the Colorado Air

[[Page 51878]]

Pollution Prevention and Control Act (``Colorado Act''), Colorado's 
federally approved State Implementation Plan (``Colorado SIP''), and 
Colorado Air Quality Control Commission Regulation Number 7 
(``Regulation No. 7'') at tank batteries (referred to in the consent 
decree as ``Tank Systems'') owned and operated by PDC Energy, Inc. 
(``PDC'') in a portion of the Denver-Julesburg Basin in Colorado (known 
as the ``8-hour Ozone Control Area'') designated as non-attainment with 
the National Ambient Air Quality Standards for ground-level ozone. The 
violations relate to alleged failures to adequately design, operate, 
and maintain vapor control systems at the Tank Systems, resulting in 
emissions of volatile organic compounds (``VOC'') and other pollutants 
to the atmosphere.
    The proposed consent decree covers PDC's Tank Systems in the 8-hour 
Ozone Control Area equipped with vapor control systems pursuant to 
Regulation No. 7 to achieve required system-wide emission reductions 
(more than 600 Tank Systems). The proposed decree requires PDC to 
perform injunctive relief, including conducting engineering evaluations 
of the vapor control systems at each of the Tank Systems and completing 
any necessary corrective actions to ensure that the vapor control 
systems are adequately designed and sized. PDC must also complete two 
environmental mitigation projects at a cost of $1.7 million and pay a 
$2.5 million civil penalty, $1 million of which is anticipated to be 
used to perform one or more State-Only Supplemental Environmental 
Projects. Entering into and fully complying with the proposed consent 
decree will release PDC from past civil liability at the Tank Systems 
and associated vapor control systems for violations of the Colorado SIP 
and Regulation No. 7 relating to VOC emissions from condensate storage 
tanks.
    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, et al. v. PDC Energy, Inc., D.J. Ref. 
No. 90-5-2-1-11467. 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, D.C.
                                             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: 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 $25.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-24250 Filed 11-7-17; 8:45 am]
 BILLING CODE 4410-15-P