2023-08963. Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

On April 20, 2023, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Colorado in the lawsuit entitled United States and State of Colorado v. WES DJ Gathering LLC f/k/a Kerr-McGee Gathering LLC, Civil Action No. 1:20–cv–01931–RMR–MEH.

The United States and the State of Colorado jointly filed this proposed consent decree pursuant to the Clean Air Act against Defendant WES DJ Gathering LLC f/k/a Kerr-McGee Gathering LLC to resolve allegations of violations of leak detection and repair requirements at three natural gas processing plants that the company owns and operates, known as the Fort Lupton Complex, located in Weld County, Colorado. The complaint in this case, filed previously on July 1, 2020, seeks injunctive relief and civil penalties for the defendant's alleged failures to monitor and repair leaking equipment across the three natural gas processing plants. The consent decree requires the defendant to perform injunctive relief to address the alleged violations, implement mitigation projects to help offset excess emissions caused by the alleged violations, and pay a $3,500,000 civil penalty. The civil penalty will be split evenly between the United States and the State of Colorado.

The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Colorado v. WES DJ Gathering LLC f/k/a Kerr-McGee Gathering LLC, D.J. Ref. No. 90–5–2–1–11710. 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:

To submit comments:	Send them to:
By email	[e-mail].
By mail	Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044–7611.

During the public comment period, the consent decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/​enrd/​consent-decrees. We will provide a paper copy of the 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 $25.75 (25 cents per page reproduction cost) payable to the United States Treasury.

Jeffrey Sands,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.