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

---
identifier: "/us/fr/2023-25960"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Lodging of Proposed Consent Decree Under the Clean Air Act"
title_number: 0
title_name: "Federal Register"
section_number: "2023-25960"
section_name: "Notice of Lodging of Proposed Consent Decree Under the Clean Air Act"
positive_law: false
currency: "2023-11-24"
last_updated: "2023-11-24"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Justice Department"
document_number: "2023-25960"
document_type: "notice"
publication_date: "2023-11-24"
agencies:
  - "Justice Department"
fr_citation: "88 FR 82404"
fr_volume: 88
---

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

On November 20, 2023, the Department of Justice lodged a proposed Consent Decree (“Decree”) with the United States District Court for the District of Kansas in the lawsuit entitled *United States of America and State of Kansas* v. *Coffeyville Resources Refining & Marketing, LLC,* Civil Action No. 6:04-cv-01064.

The proposed Decree will resolve violations of the Clean Air Act arising from Coffeyville Resources Refining & Marketing, LLC's (“CRRM”) operation of a petroleum refinery in Coffeyville, Kansas alleged in a supplemental complaint filed by Plaintiffs in 2020 and amended in 2023. The Decree also resolves Plaintiffs' demand for stipulated penalties under a 2012 consent decree. The Decree requires CRRM to undertake various measures to facilitate future compliance with the Clean Air Act, reduce nitrogen oxide emissions from the refinery's heaters, and build a flare gas recovery system to reduce the refinery's emissions from refinery flares. CRRM will pay $7 million in stipulated penalties and $6.25 million in civil penalties in total to the United States and the State of Kansas, as well as spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas.

The publication of this notice opens a period for public comment on the Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to *United States et al.* v. *Coffeyville Resources Refining & Marketing, LLC,* D.J. Ref. No. 90-5-2-1-07459/5. 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:

|  |  |
| --- | --- |
| By email | . |
| By mail | Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611. |

During the public comment period, the 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 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 (25 cents per page reproduction cost) payable to the United States Treasury.

Kathryn C. Macdonald,

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