[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Page 70194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24482]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act, the Comprehensive Environmental Response, Compensation, and 
Liability Act, and the Emergency Planning and Community Right-To-Know 
Act

    On October 28, 2020, the Department of Justice filed a complaint 
and lodged a proposed Consent Decree with the United States District 
Court for the District of Arizona (``Court'') in the matter of United 
States of America v. Apache Nitrogen Products, Inc., Civil Action No. 
4:20-cv-00463-BGM (D. Ariz.).
    The proposed Consent Decree resolves certain claims brought under 
Sections 112(r)(1) and 112(r)(7) of the Clean Air Act (``CAA''), 42 
U.S.C. 7412(r)(1), (r)(7); Section 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9603; and Section 304 of the Emergency Planning and Community 
Right-to-Know Act (``EPCRA''), 42 U.S.C. 11004, at the chemical 
manufacturing facility that Apache Nitrogen Products, Inc. (``Apache 
Nitrogen'') owns and operates in Cochise County, Arizona. The claims 
alleged in the complaint and resolved in the proposed Consent Decree 
concern Apache Nitrogen's prevention and mitigation of accidental 
chemical releases. The Consent Decree requires Apache Nitrogen to 
perform safety improvements at its Cochise County, Arizona facility, 
including making improvements to Apache Nitrogen's preventive 
maintenance tracking system, conducting an audit of its process safety 
culture, and upgrading its emergency response plan to include 
installation of an anhydrous ammonia monitoring system and enhanced 
public notification. The Consent Decree also documents that the company 
has replaced or upgraded equipment to improve accident prevention. The 
Consent Decree requires Apache Nitrogen to pay a civil penalty of 
$1,500,000 to the United States.
    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 of America v. Apache Nitrogen Products, 
Inc., D.J. Ref. No. 90-5-2-1-10736/1. 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.usdoj.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 $15.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-24482 Filed 11-3-20; 8:45 am]
BILLING CODE 4410-15-P