§Why CasetextPricing

Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

89 Fed. Reg. 86371 (Oct. 30, 2024)

Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

Download PDF
Federal RegisterOct 30, 2024
89 Fed. Reg. 86371 (Oct. 30, 2024)
Document Headings

Document headings vary by document type but may contain the following:

  • the agency or agencies that issued and signed a document
  • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
  • the agency docket number / agency internal file number
  • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions

    • See the Document Drafting Handbook for more details.

    Department of Justice

    On October 24, 2024, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Pennsylvania in the lawsuit entitled United States and Commonwealth of Pennsylvania v. XTO Energy Inc., Civil Action No. 2:24-cv-01467-RJC.

    The lawsuit seeks injunctive relief and civil penalties for violations of the Clean Air Act and the Standards of Performance for Crude Oil and Natural Gas Facilities at well pads owned and operated by XTO Energy Inc. (“XTO”) in Butler County, Pennsylvania. The violations relate to alleged failures to adequately design, operate, and maintain storage tank vapor control systems, resulting in emissions of volatile organic compounds (“VOC”) and other pollutants to the atmosphere.

    The proposed consent decree covers 30 XTO well pads in Butler County, Pennsylvania. The proposed decree requires XTO to perform injunctive relief, including conducting engineering evaluations of the vapor control systems at each of the controlled well pads to ensure that they are adequately sized and designed. XTO must also complete one environmental mitigation project, at a cost of at least $1,400,000, and pay a $4,000,000 civil penalty. Entering into and fully complying with the proposed consent decree would release XTO from past civil liability for violations of Title V and the New Source Performance Standards applicable to new and modified storage vessels and related state law at the 30 well pads subject to the proposed consent decree.

    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 Commonwealth of Pennsylvania v. XTO Energy Inc., D.J. Ref. No. 90-5-2-1-12373. 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 pubcomment-ees.enrd@usdoj.gov.
    By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.