Notice2023-17312
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
August 14, 2023
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55077-55078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17312]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean Air
Act
On August 8, 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. Mewbourne Oil Company, Civil Action
No. 23-cv-00654.
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 Mewbourne Oil Company
(``Defendant'') violated the Clean Air Act, the New Mexico Air Quality
Control Act, their implementing regulations, and the Texas State
Implementation Plan at 104 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; failing to submit a Notice
of Intent and to register for the NMED's Air Quality Bureau General
Construction Permit for Oil and Gas Facilities (``GCP'') as required by
New Mexico regulations; failing to apply for a Title V Operating
Permit; and failing to operate in accordance with provisions of the GCP
and the Texas Commission on Environmental Quality Permit by
[[Page 55078]]
Rule, as applicable. 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 $5,500,000 and to spend at least $1,000,000 on a project to
offset 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 at all 422 facilities
and, at 206 of these facilities, Defendant is further required to
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. Mewbourne Oil Company, D.J. Ref. No. 90-5-2-1-12294. 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#58282d3a3b3735353d362c753d3d2b763d362a3c182d2b3c3732763f372e"><span class="__cf_email__" data-cfemail="ec9c998e8f838181898298c189899fc289829e88ac999f888386c28b839a">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, D.C. 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 $36.00 (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. 2023-17312 Filed 8-11-23; 8:45 am]
BILLING CODE 4410-15-P
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