Notice of Lodging of Proposed Consent Decree and Proposed First Amendment to Another Consent Decree Under the Clean Air Act, 81157-81158 [2016-27623]

Download as PDF Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices Dated: November 14, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2016–27648 Filed 11–16–16; 8:45 am] BILLING CODE 4410–FY–P DEPARTMENT OF JUSTICE asabaliauskas on DSK3SPTVN1PROD with NOTICES Notice of Proposed Administrative Settlement Order on Consent and Bona Fide Prospective Purchaser Agreement The United States Department of Justice, on behalf of the Environmental Protection Agency (‘‘United States’’), proposes to enter into an Administrative Settlement Order on Consent and Bona Fide Prospective Purchaser Agreement (‘‘BFPP Agreement’’) with Star Forge, LLC (‘‘Purchaser’’) regarding real property located at 8531 East Marginal Way South in Seattle, Washington (the ‘‘Property’’). The Property is located in and part of the ‘‘Lower Duwamish Waterway Superfund Site’’ (the ‘‘LDW Site’’). Under the BFPP Agreement, Purchaser agrees to perform a removal action in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675, at the Property. Additionally, Purchaser agrees to pay $500,000 to an escrow account to be established by Purchaser and dedicated to the ongoing cleanup of the LDW Site. The proposed BFPP Agreement helps to ensure the timely performance of all response actions EPA has selected for the Property by specifying that the Purchaser cooperate with the United States to satisfy remaining obligations under an existing Administrative Order between EPA, the current owner of the Property (Jorgensen Forge Corporation, in bankruptcy), and an adjoining landowner. The BFPP Agreement also requires Purchaser to institute and abide by appropriate institutional controls at the Property and requires Purchaser to exercise due care in its future operations to ensure that those operations will not exacerbate or contribute to existing contamination. In exchange, EPA provides the Buyer with a covenant not to sue for response costs, and potential response costs, incurred in connection with existing contamination at the Facility. The BFPP expressly reserves EPA’s rights against the Purchaser for any activities that result in new releases of hazardous substances or aggravation of existing contamination at or from the Property. The proposed settlement, including the $500,000 payment, represents fair VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 consideration for the covenant provided to the Purchaser, given the Purchaser’s limited potential liability for existing contamination. The publication of this notice opens a period for public comment on the proposed Administrative Settlement and Bona Fide Prospective Purchaser Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In the Matter of Lower Duwamish Waterway Superfund Site, ADMINISTRATIVE SETTLEMENT ORDER ON CONSENT AND BONA FIDE PROSPECTIVE PURCHASER AGREEMENT, DJ Reference Number 90– 11–3–07227/9. All comments must be submitted no later than seven (7) 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. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the proposed Settlement Agreement and Bona Fide Prospective Purchaser Agreement may be examined and downloaded at this Justice Department Web site: https://www.justice.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 $ 5.25 (25 cents per page reproduction cost, excluding attachments) payable to the United States Treasury. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016–27624 Filed 11–16–16; 8:45 am] BILLING CODE 4410–16–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree and Proposed First Amendment to Another Consent Decree Under the Clean Air Act On November 10, 2016, the Department of Justice lodged a proposed Consent Decree with the United States PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 81157 District Court for the Northern District of Illinois in the lawsuit entitled United States v. CITGO Petroleum Corp., et al., Civil Action No. 16 C 10484. In a related filing, on that same date, the Department of Justice lodged a proposed First Amendment to Consent Decree with the United States District Court for the Southern District of Texas in the lawsuit entitled United States, et al. v. CITGO Petroleum Corp., et al., Civil Action No. 4:04–cv–3883. Under the proposed Consent Decree lodged with the Northern District of Illinois (‘‘Lemont Refinery Consent Decree’’), CITGO will install low nitrogen oxide burners on three heaters at one of its refineries in Lemont, Illinois (‘‘Lemont Refinery’’); comply with a stringent limit for particulate matter emissions from the Lemont Refinery’s fluid catalytic cracking unit; develop and implement operation and maintenance plans to improve operations and prevent violations at the Lemont Refinery’s sulfur recovery plant; implement a flare minimization and flare efficiency program; implement an enhanced leak detection and repair program; and use carbon canisters to control benzene emissions from purged process fluids and samples. CITGO also will implement a $650,000 fence line monitoring supplemental environmental project and a $350,000 ‘‘green lighting’’ supplemental environmental project at the local school district. As a mitigation project, CITGO will control a benzene waste stream that it is not otherwise required to control at a cost of approximately $1.14 million. CITGO will pay a civil penalty of $1,955,000. Under the proposed First Amendment to Consent Decree lodged with the Southern District of Texas (‘‘First Amendment’’), a consent decree that the Southern District of Texas entered in 2005 (‘‘2005 Consent Decree’’) that covered six refineries that CITGO then owned will be amended to terminate all provisions therein related to the Lemont Refinery. CITGO demonstrated to EPA that it had complied with the vast majority of the 2005 Consent Decree provisions related to the Lemont Refinery and CITGO agreed to have the remaining few, outstanding provisions transferred to the new, stand-alone Lemont Refinery Consent Decree filed in the Northern District of Illinois. Under the First Amendment, CITGO will also pay a stipulated penalty of $323,500, split equally between the United States and Illinois, for alleged violations of the 2005 Consent Decree at the Lemont Refinery. The publication of this notice opens a period for public comment on the Lemont Refinery Consent Decree and E:\FR\FM\17NON1.SGM 17NON1 81158 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices the First Amendment to the 2005 Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. CITGO Petroleum Corp. et al., D.J. Ref. No. 90–5–2–1–07277/4. 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. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Lemont Refinery Consent Decree and the First Amendment may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Lemont Refinery Consent Decree and/or the First Amendment to the 2005 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. For the Lemont Refinery Consent Decree, please enclose a check or money order for $68.00 (25 cents per page reproduction cost) payable to the United States Treasury. For the First Amendment to the 2005 Consent Decree, please enclose a check or money order for $2.00 (25 cents per page reproduction cost) payable to the United States Treasury. For both, one check or money order in the amount of $70.00 can be enclosed. Robert D. Brook, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016–27623 Filed 11–16–16; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 4410–15–P VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 DEPARTMENT OF LABOR Employee Benefits Security Administration [Application No. D–11863] Notice of Proposed Exemption Involving UBS Assets Management (Americas) Inc.; UBS Realty Investors LLC; UBS Hedge Fund Solutions LLC; UBS O’Connor LLC; and Certain Future Affiliates in UBS’s Asset Management and Wealth Management Americas Divisions (Collectively, the Applicants or the UBS QPAMs) Located in Chicago, Illinois; Hartford, Connecticut; New York, New York; and Chicago, Illinois, Respectively Employee Benefits Security Administration, U.S. Department of Labor. ACTION: Notice of Proposed Temporary Exemption. AGENCY: This document contains a notice of pendency before the Department of Labor (the Department) of a proposed temporary individual exemption from certain prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974, as amended (ERISA), and the Internal Revenue Code of 1986, as amended (the Code). The proposed temporary exemption, if granted, would affect the ability of certain entities with specified relationships to UBS AG (UBS) to continue to rely upon the relief provided by Prohibited Transaction Class Exemption 84–14. DATES: This proposed temporary exemption will be effective for the period beginning on the Conviction Date, and ending on the earlier of: The date that is twelve months following the Conviction Date; or the effective date of a final agency action made by the Department in connection with Exemption Application No. D–11907, an application for long-term exemptive relief for the covered transactions described herein. Written comments and requests for a public hearing on the proposed exemption should be submitted to the Department within five days from the date of publication of this Federal Register Notice. Given the short comment period, the Department will consider comments received after such date, in connection with its consideration of more permanent relief. ADDRESSES: Comments should state the nature of the person’s interest in the proposed exemption and the manner in which the person would be adversely affected by the exemption, if granted. A SUMMARY: PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 request for a hearing can be requested by any interested person who may be adversely affected by an exemption. A request for a hearing must state: (1) The name, address, telephone number, and email address of the person making the request; (2) the nature of the person’s interest in the exemption and the manner in which the person would be adversely affected by the exemption; and (3) a statement of the issues to be addressed and a general description of the evidence to be presented at the hearing. The Department will grant a request for a hearing made in accordance with the requirements above where a hearing is necessary to fully explore material factual issues identified by the person requesting the hearing. A notice of such hearing shall be published by the Department in the Federal Register. The Department may decline to hold a hearing where: (1) The request for the hearing does not meet the requirements above; (2) the only issues identified for exploration at the hearing are matters of law; or (3) the factual issues identified can be fully explored through the submission of evidence in written (including electronic) form. All written comments and requests for a public hearing concerning the proposed exemption should be directed to the following addresses: Office of Exemption Determinations, Employee Benefits Security Administration, Suite 400, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, Attention: Application No. D–11863. Interested persons may also submit comments and/or hearing requests to EBSA via email to moffitt.betty@dol.gov, by FAX to (202) 219–0204, or online through https:// www.regulations.gov. Any such comments or requests should be sent by the end of the scheduled comment period. The application for exemption and the comments received will be available for public inspection in the Public Disclosure Room of the Employee Benefits Security Administration, U.S. Department of Labor, Room N–1515, 200 Constitution Avenue NW., Washington, DC 20210. Warning: All comments and hearing requests received will be included in the public record without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential or other information whose disclosure is restricted by statute. If you submit a comment, EBSA recommends that you include your name and other contact information in the body of your E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81157-81158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27623]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree and Proposed First 
Amendment to Another Consent Decree Under the Clean Air Act

    On November 10, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Illinois in the lawsuit entitled United States v. CITGO 
Petroleum Corp., et al., Civil Action No. 16 C 10484. In a related 
filing, on that same date, the Department of Justice lodged a proposed 
First Amendment to Consent Decree with the United States District Court 
for the Southern District of Texas in the lawsuit entitled United 
States, et al. v. CITGO Petroleum Corp., et al., Civil Action No. 4:04-
cv-3883.
    Under the proposed Consent Decree lodged with the Northern District 
of Illinois (``Lemont Refinery Consent Decree''), CITGO will install 
low nitrogen oxide burners on three heaters at one of its refineries in 
Lemont, Illinois (``Lemont Refinery''); comply with a stringent limit 
for particulate matter emissions from the Lemont Refinery's fluid 
catalytic cracking unit; develop and implement operation and 
maintenance plans to improve operations and prevent violations at the 
Lemont Refinery's sulfur recovery plant; implement a flare minimization 
and flare efficiency program; implement an enhanced leak detection and 
repair program; and use carbon canisters to control benzene emissions 
from purged process fluids and samples. CITGO also will implement a 
$650,000 fence line monitoring supplemental environmental project and a 
$350,000 ``green lighting'' supplemental environmental project at the 
local school district. As a mitigation project, CITGO will control a 
benzene waste stream that it is not otherwise required to control at a 
cost of approximately $1.14 million. CITGO will pay a civil penalty of 
$1,955,000.
    Under the proposed First Amendment to Consent Decree lodged with 
the Southern District of Texas (``First Amendment''), a consent decree 
that the Southern District of Texas entered in 2005 (``2005 Consent 
Decree'') that covered six refineries that CITGO then owned will be 
amended to terminate all provisions therein related to the Lemont 
Refinery. CITGO demonstrated to EPA that it had complied with the vast 
majority of the 2005 Consent Decree provisions related to the Lemont 
Refinery and CITGO agreed to have the remaining few, outstanding 
provisions transferred to the new, stand-alone Lemont Refinery Consent 
Decree filed in the Northern District of Illinois. Under the First 
Amendment, CITGO will also pay a stipulated penalty of $323,500, split 
equally between the United States and Illinois, for alleged violations 
of the 2005 Consent Decree at the Lemont Refinery.
    The publication of this notice opens a period for public comment on 
the Lemont Refinery Consent Decree and

[[Page 81158]]

the First Amendment to the 2005 Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to United States v. CITGO 
Petroleum Corp. et al., D.J. Ref. No. 90-5-2-1-07277/4. 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.
------------------------------------------------------------------------

    During the public comment period, the Lemont Refinery Consent 
Decree and the First Amendment may be examined and downloaded at this 
Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Lemont Refinery Consent 
Decree and/or the First Amendment to the 2005 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.
    For the Lemont Refinery Consent Decree, please enclose a check or 
money order for $68.00 (25 cents per page reproduction cost) payable to 
the United States Treasury. For the First Amendment to the 2005 Consent 
Decree, please enclose a check or money order for $2.00 (25 cents per 
page reproduction cost) payable to the United States Treasury. For 
both, one check or money order in the amount of $70.00 can be enclosed.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-27623 Filed 11-16-16; 8:45 am]
 BILLING CODE 4410-15-P
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