# APACHE NITROGEN PRODUCTS, INC.
> **Judicial** · FY1989 · — · Final Order With Penalty
## Case
- **Activity ID:** `52183`
- **Case Number:** 09-1989-0031
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $55K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- APACHE NITROGEN PRODUCTS, INC. (complaint) (settlement)
## 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.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*