[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Page 4708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01275]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On January 21, 2020, 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. K.P. Kauffman Company, Inc., Civil Action No.
1:18-cv-02559-RBJ.
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
condensate tank systems (referred to in the consent decree as ``tank
systems'') owned and operated by K.P. Kauffman Company, Inc. (``KPK'')
in the Denver-Julesburg Basin in Colorado, an area designated as non-
attainment for 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 requires KPK to implement injunctive
relief at 67 condensate tank systems to ensure that its vapor control
systems adequately capture and control potential VOC emissions. The
consent decree design, inspection, and preventative maintenance
measures are intended to result in substantial reductions in VOC
emissions from KPK tank systems throughout Colorado's Denver-Julesburg
Basin. In addition to injunctive relief, the proposed Consent Decree
requires KPK to pay a $1 million civil penalty, split evenly between
the United States and the State of Colorado, and to undertake projects
to mitigate environmental harm. Entering into and fully complying with
the proposed consent decree will release KPK 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. K.P. Kauffman Company, Inc.,
D.J. Ref. No. 90-5-2-1-11478. 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 $31.25 (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. 2020-01275 Filed 1-24-20; 8:45 am]
BILLING CODE 4410-15-P