[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Notices]
[Page 17434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08329]
[[Page 17434]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On April, 19, 2019, 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 and State of Colorado
v. HighPoint Operating Corporation, Civil Action No. 1:19-cv-01151.
The lawsuit seeks injunctive relief and civil penalties for
violations of the Clean Air Act, the Colorado Air 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'') that
are, or were until recently, owned and operated by HighPoint Operating
Corporation (``HighPoint'') 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 HighPoint'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
(50 tank batteries). Under the terms of the proposed Consent Decree
HighPoint will ensure vapor control systems adequately capture and
control potential VOC emissions from storage tanks by performing
engineering evaluations of the vapor control systems and either making
any necessary modifications to ensure adequate capture and control or
installing an automated system that will monitor Tank System pressure
and automatically control oil and gas flow rates into the Tank Systems
and shut in equipment (including wells) to avoid excess emissions.
HighPoint will also conduct monthly optical gas-imaging infrared camera
(IR camera) inspections of all Tank Systems and implement a directed
inspection and preventative maintenance program. The Decree will result
in substantial reductions in VOC emissions from HighPoint Tank Systems
throughout the ozone nonattainment area. The EPA and Colorado
Department of Health and Environment (``CDPHE'') estimate the Decree's
injunctive relief requirements to modify vapor control system design,
improve operations and maintenance practices, and increase monitoring
will reduce emissions from HighPoint's tank systems by approximately
350 tons per year (tpy). Additionally, HighPoint will complete a
mitigation project it estimates will reduce emissions of VOC by
approximately another 50 tpy.
HighPoint will pay a civil penalty of $330,000, of which $275,000
will go to the United States, and $55,000 to Colorado. Colorado and
HighPoint have agreed that HighPoint will perform a state-only
supplemental environmental project (to be designated) that will cost up
to $220,000. Entering into and fully complying with the proposed
Consent Decree will release HighPoint 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 and State of Colorado v. HighPoint
Operating Corporation, D.J. Ref. No. 90-5-2-1-11484. 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 $34.75 (25 cents per page
reproduction cost) payable to the United States Treasury for a copy of
the Consent Decree without appendices. For a paper copy without the
appendices, the cost is $21.25.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-08329 Filed 4-24-19; 8:45 am]
BILLING CODE 4410-15-P