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 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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