Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 53784-53785 [2013-21181]

Download as PDF 53784 Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Notices the Four Southern Tribes of Arizona and the Huhugam. The term Hohokam is an English adaption of Huhugam and has become known in the larger society as an archeological culture. Determinations Made by the Colorado College Officials of the Colorado College have determined that: • Pursuant to 25 U.S.C. 3001(3)(B), the three cultural items described above are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony and are believed, by a preponderance of the evidence, to have been removed from a specific burial site of a Native American individual. • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the unassociated funerary objects and the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O’odham Nation of Arizona; and the Zuni Tribe of the Zuni Reservation, New Mexico. tkelley on DSK3SPTVN1PROD with NOTICES Additional Requestors and Disposition Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to claim these cultural items should submit a written request with information in support of the claim to Jermyn Davis, Chief of Staff, President’s Office, Colorado College, 14 E. Cache La Poudre, Colorado Springs, CO 80903, telephone (719) 389–6201, email Davis@ ColoradoCollege.edu, by September 30, 2013. After that date, if no additional claimants have come forward, transfer of control of the unassociated funerary objects to Gila River Indian Community of the Gila River Indian Reservation, Arizona, may proceed. The Colorado College is responsible for notifying the Ak Chin Indian Community of the Maricopa (Ak Chin) Indian Reservation, Arizona; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; Tohono O’odham Nation of Arizona; and the Zuni Tribe of the Zuni Reservation, New Mexico, that this notice has been published. VerDate Mar<15>2010 18:00 Aug 29, 2013 Jkt 229001 Dated: August 6, 2013. Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. 2013–21261 Filed 8–29–13; 8:45 am] BILLING CODE 4312–50–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On June 26, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Illinois in the lawsuit entitled United States, et al. v. Gateway Energy & Coke Company, et al., Civil Action No. 3:13– cv–00616–DRH–SCW. The United States, on behalf of the U.S. Environmental Protection Agency, has filed a complaint under the Clean Air Act asserting claims relating to two Midwestern heat recovery coking facilities, one of which is located in Granite City, Illinois (the ‘‘Gateway Facility’’), and the other of which is located in Franklin Furnace, Ohio (the ‘‘Haverhill Facility’’). The United States seeks civil penalties and injunctive relief against the owners and operators of the Gateway and Haverhill Facilities. The Haverhill Coke Company, LLC, formerly known as the Haverhill North Coke Company, is an owner and operator of the Haverhill Facility along with SunCoke Energy, Inc. (‘‘SunCoke’’) (together ‘‘the Haverhill Defendants’’). The Gateway Energy & Coke Company, LLC is an owner and operator of the Gateway Facility along with SunCoke (together ‘‘the Gateway Defendants’’). The States of Illinois and Ohio are coplaintiffs in this action. The State of Illinois asserts claims in this action relating to the Gateway Facility under the Illinois Environmental Protection Act (‘‘Illinois Act’’), 415 ILCS 5/1 et seq. (2010), and seeks injunctive relief and civil penalties against the Gateway Defendants for violations of the Illinois Act. The State of Ohio asserts claims in this action relating to the Haverhill Facility under Chapter 3745 of the Ohio Revised Code (‘‘ORC’’), and the rules adopted thereunder, and seeks injunctive relief and civil penalties against the Haverhill Defendants for violations of ORC Chapter 3704. The Complaint alleges that the Gateway Defendants operated the Gateway Facility and the Haverhill Defendants operated the Haverhill Facility in excess of bypass venting limits specified in their Prevention of Significant Deterioration permits, and that the Haverhill Defendants failed to comply PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 with emissions monitoring and reporting requirements. The Consent Decree would require (1) Installation of process equipment to provide redundancy that will allow hot coking gases to be routed to a pollution control device instead of vented directly to the atmosphere in the event of equipment downtime; (2) installation of continuous emissions monitoring systems for sulfur dioxide, at one bypass vent per process unit (two at the Haverhill Facility and one at the Gateway Facility); (3) payment of a civil penalty of $1.995 million, of which $1.27 million will go to the United States, $575,000 to the State of Illinois, and $150,000 to the State of Ohio; and (4) performance of a lead hazard abatement supplemental environmental project at a cost of $255,000 at the Gateway Facility. In a Federal Register Notice published on July 2, 2013, the Department of Justice announced its intention to receive comments relating to the Consent Decree for a period of thirty (30) days from the date of that publication. 78 Fed. Reg. 39,770 (July 2, 2013). That period was extended in response to a request to September 3, 2013. The United States has received another request for an extension and is therefore extending the public comment period for thirty (30) additional days, until October 3, 2013. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et al. v. Gateway Energy & Coke Company, et al., D.J. Ref. Nos. 90–5–2–1–09890 and 90–5–2–1–10065. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ........... pubcommentees.enrd@usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ............... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https:// www.usdoj.gov/enrd/ Consent_Decrees.html. 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 $29.75 (25 cents per page E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 78, No. 169 / Friday, August 30, 2013 / Notices reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $16.25. Maureen Katz, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2013–21181 Filed 8–29–13; 8:45 am] BILLING CODE 4410–15–P OFFICE OF MANAGEMENT AND BUDGET OMB Sequestration Update Report to the President and Congress for Fiscal Year 2014 Executive Office of the President, Office of Management and Budget. ACTION: Notice of availability of the OMB Sequestration Update Report to the President and Congress for FY 2014. AGENCY: OMB is issuing the Sequestration Update Report to the President and Congress for FY 2014 to report on the status of pending discretionary appropriations legislation and compliance with the discretionary caps. The report finds that unless the discretionary limits are restored to the levels agreed to in the American Taxpayer Relief Act of 2012, OMB’s estimates of House action for the 12 annual appropriations bills show that a sequestration of approximately $47.9 billion in discretionary programs in the defense (or revised security) category would be required. Similarly, OMB’s estimates of appropriations action by the Senate indicate that a sequestration of approximately $54.1 billion in discretionary programs in the defense category and $34.3 billion in discretionary programs in the nondefense (or revised nonsecurity) category would be required. The report also contains OMB’s Preview Estimate of the Disaster Relief Funding Adjustment for FY 2014. DATES: Effective Date: August 20, 2013. Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, requires the Office of Management and Budget (OMB) to issue a Sequestration Update Report on August 20th of each year. With regard to this update report and to each of the three required sequestration reports, section 254(b) specifically states the following: Submission and Availability of Reports—Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:00 Aug 29, 2013 Jkt 229001 the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. ADDRESSES: The OMB Sequestration Reports to the President and Congress is available on-line on the OMB home page at: https://www.whitehouse.gov/ omb/legislative_reports/sequestration. FOR FURTHER INFORMATION CONTACT: Thomas Tobasko, 6202 New Executive Office Building, Washington, DC 20503, Email address: ttobasko@omb.eop.gov, telephone number: (202) 395–5745, FAX number: (202) 395–4768 or Jenny Winkler Murray, 6236 New Executive Office Building, Washington, DC 20503, Email address: jwinkler@omb.eop.gov, telephone number: (202) 395–7763, FAX number: (202) 395–4768. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications. Sylvia M. Burwell, Director. [FR Doc. 2013–20928 Filed 8–29–13; 8:45 am] BILLING CODE P NATIONAL CREDIT UNION ADMINISTRATION National Credit Union Administration (NCUA). ACTION: Notice and request for comments. AGENCY: The NCUA, as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to take this opportunity to comment on information collections, as required by the Paperwork Reduction Act of 1995. NCUA is soliciting comments concerning the Suspicious Activity Report (SAR). As Bank Secrecy Act (BSA) administrator, the Financial Crimes Enforcement Network (FinCEN) transitioned from a system originally designed for collecting industry specific paper forms to a modernized information technology environment centered on electronic reporting. Based on financial institution type, depository institutions, broker-dealers in securities, futures commission merchants and introducing brokers in commodities, insurance companies, mutual funds, money services businesses, and casinos PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 currently filed reports on four separate forms. FinCEN’s objective is to have one electronically-filed dynamic and interactive BSA–SAR that will be used by all filing institutions to report suspicious activity as of April 1, 2013. There are no proposed changes to the regulatory reporting criteria for information collection. Federally insured credit unions will continue to follow the regulation, interagency guidance, and filing instructions to determine when a report should be filed and what information should be included on the report. Written comments should be received on or before September 30, 2013. DATES: Interested parties are invited to submit written comments to the NCUA Contact and the OMB Reviewer listed below: NCUA Contact: Tracy Crews, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314–3428, Fax No. 703–837–2861, Email: OCIOPRA@ncua.gov. OMB Contact: Office of Management and Budget, ATTN: Desk Officer for the National Credit Union Administration, Office of Information and Regulatory Affairs, Washington, DC 20503. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Agency Information Collection Activities: Submission to OMB for Reinstatement, With Change, of a Previously Approved Collection SUMMARY: 53785 Requests for additional information, a copy of the collection, or a copy of submitted comments should be directed to Tracy Crews at the National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314–3428, or at (703) 518–6444. The interactive BSA–SAR includes several new data fields and introduces data fields from the SARs of other industries. On March 29, 2012, FinCEN released guidance 1 titled, ‘‘Filing FinCEN’s new Currency Transaction Report and Suspicious Activity Report’’. This guidance clarified expectations and notes that FinCEN is making available additional and more specific data elements (i.e., characterizations of suspicious activity and types of financial services) as a more efficient way to bring information about suspicious activity to the attention of FinCEN and law enforcement. The guidance clarified the addition of new and expanded data elements; however, the guidance does not create an expectation that financial institutions will revise internal programs, or develop new programs, to capture SUPPLEMENTARY INFORMATION: 1 https://www.fincen.gov/statutes_regs/guidance/ pdf/FIN-2012-G002.pdf. E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

Department of Justice

[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Notices]
[Pages 53784-53785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21181]


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DEPARTMENT OF JUSTICE


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

    On June 26, 2013, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Southern 
District of Illinois in the lawsuit entitled United States, et al. v. 
Gateway Energy & Coke Company, et al., Civil Action No. 3:13-cv-00616-
DRH-SCW.
    The United States, on behalf of the U.S. Environmental Protection 
Agency, has filed a complaint under the Clean Air Act asserting claims 
relating to two Midwestern heat recovery coking facilities, one of 
which is located in Granite City, Illinois (the ``Gateway Facility''), 
and the other of which is located in Franklin Furnace, Ohio (the 
``Haverhill Facility''). The United States seeks civil penalties and 
injunctive relief against the owners and operators of the Gateway and 
Haverhill Facilities. The Haverhill Coke Company, LLC, formerly known 
as the Haverhill North Coke Company, is an owner and operator of the 
Haverhill Facility along with SunCoke Energy, Inc. (``SunCoke'') 
(together ``the Haverhill Defendants''). The Gateway Energy & Coke 
Company, LLC is an owner and operator of the Gateway Facility along 
with SunCoke (together ``the Gateway Defendants'').
    The States of Illinois and Ohio are co-plaintiffs in this action. 
The State of Illinois asserts claims in this action relating to the 
Gateway Facility under the Illinois Environmental Protection Act 
(``Illinois Act''), 415 ILCS 5/1 et seq. (2010), and seeks injunctive 
relief and civil penalties against the Gateway Defendants for 
violations of the Illinois Act. The State of Ohio asserts claims in 
this action relating to the Haverhill Facility under Chapter 3745 of 
the Ohio Revised Code (``ORC''), and the rules adopted thereunder, and 
seeks injunctive relief and civil penalties against the Haverhill 
Defendants for violations of ORC Chapter 3704. The Complaint alleges 
that the Gateway Defendants operated the Gateway Facility and the 
Haverhill Defendants operated the Haverhill Facility in excess of 
bypass venting limits specified in their Prevention of Significant 
Deterioration permits, and that the Haverhill Defendants failed to 
comply with emissions monitoring and reporting requirements.
    The Consent Decree would require (1) Installation of process 
equipment to provide redundancy that will allow hot coking gases to be 
routed to a pollution control device instead of vented directly to the 
atmosphere in the event of equipment downtime; (2) installation of 
continuous emissions monitoring systems for sulfur dioxide, at one 
bypass vent per process unit (two at the Haverhill Facility and one at 
the Gateway Facility); (3) payment of a civil penalty of $1.995 
million, of which $1.27 million will go to the United States, $575,000 
to the State of Illinois, and $150,000 to the State of Ohio; and (4) 
performance of a lead hazard abatement supplemental environmental 
project at a cost of $255,000 at the Gateway Facility.
    In a Federal Register Notice published on July 2, 2013, the 
Department of Justice announced its intention to receive comments 
relating to the Consent Decree for a period of thirty (30) days from 
the date of that publication. 78 Fed. Reg. 39,770 (July 2, 2013). That 
period was extended in response to a request to September 3, 2013. The 
United States has received another request for an extension and is 
therefore extending the public comment period for thirty (30) 
additional days, until October 3, 2013. Comments should be addressed to 
the Assistant Attorney General, Environment and Natural Resources 
Division, and should refer to United States, et al. v. Gateway Energy & 
Coke Company, et al., D.J. Ref. Nos. 90-5-2-1-09890 and 90-5-2-1-10065. 
Comments may be submitted either by email or by mail:

------------------------------------------------------------------------
           To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail................................  pubcomment-ees.enrd@usdoj.gov.
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 Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. 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 $29.75 (25 cents per page

[[Page 53785]]

reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $16.25.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2013-21181 Filed 8-29-13; 8:45 am]
BILLING CODE 4410-15-P

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