[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Notices]
[Pages 12381-12382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03293]


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DEPARTMENT OF JUSTICE


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

    On February 13, 2024, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of New Mexico in the lawsuit entitled United States of America and New 
Mexico Environment Department v. Apache Corporation, Civil Action No. 
24-cv-00149.
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency, and the New Mexico Environment 
Department filed a complaint alleging that Apache Corporation 
(``Defendant'') violated the Clean Air Act, the New Mexico Air Quality 
Control Act, their implementing regulations, and the Texas State 
Implementation Plan at 23 of Defendant's oil and natural gas production 
facilities in New Mexico and Texas by failing to comply with 
requirements of the Federal New Source Performance Standards set forth 
at 40 CFR part 60, subpart OOOO and OOOOa, and failing to operate its 
facilities in accordance with applicable permits, namely, the New 
Mexico General Construction Permit for Oil and Gas Facilities and the 
Texas Commission on Environmental Quality Permit by Rule and Standard 
Permit. The complaint seeks an Order enjoining Defendant from further 
violating applicable requirements and requiring Defendant to remedy, 
mitigate, and offset the harm to public health and the environment 
caused by the violations and to pay a civil penalty.
    Under the proposed settlement, Defendant agrees to pay a civil 
penalty of $4,000,000 and to perform a project that will offset the 
excess emissions resulting from the violations. In addition, the 
settlement requires the Defendant to ensure ongoing compliance with all 
applicable regulatory requirements at 422 of its oil and natural gas 
production facilities in New Mexico and Texas. Specifically, the 
settlement requires the Defendant to undertake a field survey to 
identify and remedy any compromised equipment, to undertake a design 
analysis to ensure adequate design and sizing of the vapor control 
system, to install and operate extensive monitoring systems, to 
implement a robust inspection and maintenance program, and to hire an 
independent third party to verify compliance.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and New Mexico Environment Department 
v. Apache Corporation, D.J. Ref. No. 90-5-2-1-12523. 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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    Any comments submitted in writing may be filed by the United States 
in whole or in part on the public court docket without notice to the 
commenter. During the public comment period, the proposed consent 
decree may be

[[Page 12382]]

examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. If you require assistance 
accessing the proposed consent decree, you may request assistance by 
email or by mail to the addresses provided above for submitting 
comments.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-03293 Filed 2-15-24; 8:45 am]
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