[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