Notice2023-06651

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

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 31, 2023

Issuing agencies

Justice Department

Full Text

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<title>Federal Register, Volume 88 Issue 62 (Friday, March 31, 2023)</title>
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[Federal Register Volume 88, Number 62 (Friday, March 31, 2023)]
[Notices]
[Page 19328]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06651]


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DEPARTMENT OF JUSTICE


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

    On March 27, 2023, 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. Matador Production Company, Civil 
Action No. 23-cv-00260.
    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 Matador Production Company 
(``Defendant'') violated the Clean Air Act, the New Mexico Air Quality 
Control Act, and the implementing regulations at 25 of Defendant's oil 
and natural gas production facilities in New Mexico by, inter alia, 
failing to comply with applicable emissions standards for VOC, 
NO<INF>X</INF> and CO and failing to submit a Notice of Intent or 
register for a General Construction Permit as required. 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 $1,150,000 (of which $650,000 is to be paid to the United 
States and $500,000 is to be paid to the State of New Mexico) and to 
spend at least $1,250,000 on a diesel emission reduction Supplemental 
Environmental Project (``SEP'') and at least $500,000 on a state aerial 
emission monitoring SEP.
    In addition, the settlement requires the Defendant to ensure 
ongoing compliance with all applicable regulatory requirements at all 
255 of its oil and natural gas production facilities in New Mexico. 
Specifically, the settlement requires the Defendant to identify and 
remedy any compromised equipment, undertake a design analysis to ensure 
adequate design and sizing of the vapor control system, install and 
operate extensive monitoring systems, implement a robust inspection and 
maintenance program, and 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. Matador Production Company, D.J. Ref. No. 90-5-2-1-12297. 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............................  <a href="/cdn-cgi/l/email-protection#f9898c9b9a9694949c978dd49c9c8ad79c978b9db98c8a9d9693d79e968f"><span class="__cf_email__" data-cfemail="9dede8fffef2f0f0f8f3e9b0f8f8eeb3f8f3eff9dde8eef9f2f7b3faf2eb">[email&#160;protected]</span></a>.
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 proposed consent decree may 
be examined and downloaded at this Justice Department website: <a href="http://www.justice.gov/enrd/consent-decrees">http://www.justice.gov/enrd/consent-decrees</a>. We will provide a paper copy of 
the proposed 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 $33.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-06651 Filed 3-30-23; 8:45 am]
BILLING CODE 4410-15-P


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Indexed from Federal Register on March 31, 2023.

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