EPA v. APACHE NITROGEN PRODUCTS, INC.

Case summary

THE APACHE POWDER COMPANY ( APACHE ) OPERATES A NITRIC ACID PLANT WHICH IS GOVERNED BY 40 C.F.R. PART 60, SUBPART G PURSUANT TO 40 C.F.R. 60.11(D), APACHE IS REQUIRED TO OPERATE AND MAINTAIN THEIR EQUIPMENT IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICES FOR MINIMIZING EMISSIONS. APACHE'S FAILURE TO SHUTDOWN THE NITRIC ACID PRODUCTION UNIT IN OCTOBER 1988, DURING A CONTROL EQUIPMENT MALFUNCTION WHICH RESULTED IN EMISSIONS IN EXCESS OF THE NSPS NOX LIMIT, CONSTITUTES A VIOLATION OF 40 C.F.R. 60.11 (D). EPA'S POSITION THAT A MALFUNCTIONING UNIT MUST BE IMMEDIATELY REPAIRED OR SHUTDOWN UNTIL REPAIRS ARE COMPLETED IS REFLECTED IN THE PREAMBLE TO THE PROMULGATION OF 40 C.F.R PART 60, SUBPART A WHICH STATES THAT THE PROVISION OF 60.11(D) REQUIRES THAT GOOD OPERATING AND MAINTENANCE PRACTICES BE FOLLOWED AND THEREBY PRECLUDES CONTINUED OPERATION IN A MALFUNCTIONING CONDITION. REGION IX IS REQUESTING AUTHORIZATION TO CONDUCT PRE- REFERRAL NEGOTIATIONS AND PLANS TO RESOLVE THIS CASE VIA A CONSENT DECREE THAT WILL CALL FOR INJUNCTIVE RELIEF, A PENALTY OF $57,796, AND STIPULATED PENALTIES FOR ANY FUTURE VIOLATIONS.

Defendants (1)

• APACHE NITROGEN PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (2)

• APACHE NITROGEN PRODUCTS INCORPORATED

  1436 SOUTH APACHE POWDER ROAD, BENSON, AZ, 856020700

  Registry ID: 110017427033

• APACHE NITROGEN PRODUCTS INCORPORATED

  1436 SOUTH APACHE POWDER ROAD, BENSON, AZ, 856020700

  Registry ID: 110017427033

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• APACHE NITROGEN PRODUCTSentered 1994-04-08

  Primary law: CAA

  Federal penalty: $55,000

Timeline (8 milestones)

• 1989-08-01Enforcement Action Data Entered
• 1989-09-29PRN Sent
• 1992-03-06Referred To Dept Of Justice
• 1992-06-04Complaint Filed With Court
• 1994-04-08Final Order Lodged
• 1994-04-08Final Order Entered
• 1994-04-08Concluded
• 1995-04-08Enforcement Action Closed