EPA v. APACHE NITROGEN PRODUCTS

Case summary

REFERRAL AGAINST APACHE NITROGEN PRODUCTS INCORPORATED FOR VIOLATIONS OF THE NSPS AT ITS TWO NITRIC ACID PLANTS AOP-3 AND AOP-4. VIOLATIONS HAVE BEEN ONGOING SINCE APPROX JULY 1999. ANP HAS EMITTED NITROGEN OXIDES (NOX) IN THE FORM OF NITROGEN OXIDE AND NITROGEN DIOXIDE. EMISSION HAS BEEN IN EXCESS OF THE LIMIT SET FORTH IN NSPS SUBPART G DURING PERIODS OF STARTUP AT PLANTS AOP-3 AND AOP-4. THESE EXCESS EMISSIONS VIOLATE THE OPERATION AND MAINTENANCE PROVISION AT 40 CFR 60.11(D), WHICH REQUIRES AN OWNER OR OPERATOR TO MAINTAIN AND OPERATE AN AFFECTED FACILITY IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICE AT ALL TIMES, INCLUDING PERIODS OF STARTUP, SHUTDOWN, AND MALFUNCTION.

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 PRODUCTS Consent Decreeentered 2005-01-06

  Primary law: CAA

  Federal penalty: $40,000

Timeline (6 milestones)

• 2000-09-29Referred To Dept Of Justice
• 2000-10-25Enforcement Action Data Entered
• 2004-09-09Complaint Filed With Court
• 2004-09-09Final Order Lodged
• 2005-01-06Final Order Entered
• 2005-02-17Enforcement Action Closed