Notice of Lodging of Proposed Partial Consent Decree Under the Clean Air Act, 6576-6577 [2020-02249]

Download as PDF 6576 Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices In addition, the following parties have withdrawn as parties to this venture: ABITEL Consulting GmbH, Du¨sseldorf, GERMANY; Agama Technologies, Linko¨ping, SWEDEN; ALTIMA d.o.o., Zagreb, CROATIA; Apigate Sdn Bhd, Kuala Lumpur Sentral, SRI LANKA; Axiros GmbH, Munich Hoehenkirchen, GERMANY; City of Utrecht, Utrecht, NETHERLANDS; Ekinno Lab Sp. Z o.o., Gliwice, POLAND; GeoSpock Ltd., Cambridge, UNITED KINGDOM; Guangzhou Sunrise Technology Co., Ltd., Guangzhou, PEOPLE’S REPUBLIC OF CHINA; HCL Hong Kong SAR Limited, Wan Chai, HONG KONG– CHINA; ITS Telco Services GmbH, Ko¨ln, GERMANY; John P. Reilly Sole Trader, Plano, TX; Minim Inc., Manchester, NH; NEtComp, Lima, PERU; NetScout Systems, Westford, MA; NetworkedAssets GmbH, Berlin, GERMANY; NTS Retail KG, Wilhering, AUSTRIA; Open Systems S.A., Quito, ECUADOR; OS Group, St.Petersburg, RUSSIA; Pinplay, Seoul, SOUTH KOREA; Skylogic S.p.A., Torino, ITALY; Steward Bank, Harare, ZIMBABWE; The OpenNMS Group, Inc., Apex, NC; TV–7, Seversk, RUSSIA; VF Consulting SAC, Lima, PERU. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open and The Forum intends to file additional written notifications disclosing all changes in membership. On October 21, 1988, The Forum filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 8, 1988 (53 FR 49615). The last notification was filed with the Department on November 25, 2019. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on December 20, 2019 (84 FR 70210). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2020–02221 Filed 2–4–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 4410–11–P VerDate Sep<11>2014 18:54 Feb 04, 2020 Jkt 250001 DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Countering Weapons of Mass Destruction Notice is hereby given that, on January 16, 2020, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Countering Weapons of Mass Destruction (‘‘CWMD’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Apogee Group, LLC, Kennewick, WA; Blackthorne Services Group, Hanover, MA; eSpin Technologies, Inc., Chattanooga, TN; Lufburrow & Company, Inc., Havre De Grace, MD; Polestar Technologies, Inc., Needham Heights, MA; Proportional Technologies, Inc., Houston, TX; RingIR, Inc., Albuquerque, NM; Shipcom Federal Solutions, Balcamp, MD; Signalscape, Inc., Cary, NC; Systems Planning and Analysis, Inc. (SPA), Alexandria, VA; The Arizona Board of Regents, University of Arizona, Tuscon, AZ; University of Michigan, Ann Arbor, MI; Xilectric, Inc., Fall River, MA; and Xtallized Intelligence, Inc., Nashville, TN; have been added as parties to this venture. Also, CogniTech Corporation, Salt Lake City, UT; CritiTech Particle Engineering Solutions, LLC, Lawrence, KS; Forge AI, Cambridge, MA; Interclypse, Inc., Annapolis Junction, MD; Management Services Group, Inc., dba Global Technical Systems, Virginia Beach, VA; Offset Strategic Serivices, Fayetteville, TN; and Strategic Alliances Group, Inc., Havre de Grace, MD; have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open and CWMD intends to file additional written notifications disclosing all changes in membership. On January 31, 2018, CWMD filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 12, 2018 (83 FR 10750). PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 The last notification was filed with the Department on October 23, 2019. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 18, 2019 (83 FR 63678). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2020–02222 Filed 2–4–20; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Partial Consent Decree Under the Clean Air Act On January 30, 2020, the Department of Justice lodged a partial consent decree (‘‘Partial Consent Decree’’) with the United States District Court for the Northern District of California in the lawsuit entitled United States et al. v. Kohler Co., Civil Action No. C 20– 00683. The complaint in this case was filed against Defendant Kohler Co. (‘‘Kohler’’) concurrently with the lodging of the Partial Consent Decree and a separate consent decree to which Kohler and the People of the State of California, ex rel. California Air Resources Board (‘‘CARB’’) are parties (‘‘State CD’’). The complaint alleges that Kohler is liable for violations of Section 203 of the Clean Air Act (‘‘Act’’), 42 U.S.C. 7522. The People of the State of California, ex rel. CARB also alleges in the complaint that Kohler is liable for violations of California law. Together, the Partial Consent Decree and the State CD would fully address Kohler’s alleged manufacture and sale of millions of small, nonroad, nonhandheld, spark-ignition engines that did not conform to the certification applications Kohler submitted covering the engines. Some of these engines were also equipped with a fueling strategy that is alleged to have significantly reduced emissions of oxides of nitrogen (‘‘NOX’’) during certification testing when compared to real-world operation (commonly referred to as a ‘‘defeat device’’). The United States and California seek civil penalties and injunctive relief for the violations jointly alleged in the complaint. Separately, the People of the State of California, ex rel. CARB seeks civil penalties and injunctive relief for alleged violations of California’s evaporative emissions standards. The Partial Consent Decree is entered into by the United States, the People of the State of California, ex rel. CARB and Kohler. It would require Kohler to pay E:\FR\FM\05FEN1.SGM 05FEN1 Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices a $20 million civil penalty for all violations alleged in the complaint except for the California evaporative emissions standards violations. The Partial Consent Decree would require Kohler to forfeit over three million kilograms of hydrocarbon plus nitrogen oxide (‘‘HC + NOX’’) emission credits, implement an emissions testing validation plan that includes third-party observation and emissions verification testing, conduct annual audits, implement corporate governance reforms, and conduct compliance training of its employees. The publication of this notice opens a period for public comment on the proposed Partial Consent Decree. Comments on the Partial Consent Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States et al. v. Kohler Co., D.J. Ref. No. 90–5–2–1–11892. 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 ......... jbell on DSKJLSW7X2PROD with NOTICES During the public comment period, the Partial Consent 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 Partial 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 $14.25 (25 cents per page reproduction cost) payable to the United States Treasury. Lori Jonas, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–02249 Filed 2–4–20; 8:45 am] BILLING CODE 4410–15–P VerDate Sep<11>2014 18:54 Feb 04, 2020 Jkt 250001 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act; Comprehensive Environmental Response, Compensation, and Liability Act; and Emergency Planning and Community Right-To-Know Act On January 29, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Ohio in the lawsuit entitled United States and the State of Ohio v. BP Products North America Inc. and BP-Husky Refining LLC, Civil Action No. 3:20–cv–190. The proposed Consent Decree resolves claims that the Defendants violated the Clean Air Act; Comprehensive Emergency Response, Compensation, and Liability Act; and Emergency Planning and Community Right-to-Know Act at their petroleum refinery located in Oregon, Ohio (the ‘‘Toledo Refinery’’). The Consent Decree also resolves claims for stipulated penalties for the Toledo Refinery’s alleged violations of a consent decree entered in 2001 in U.S. et al. v. BP Exploration & Oil Co. et al. Civ. No. 2:96–cv–095 (N.D. Ind.) (the ‘‘2001 Consent Decree’’). Under the proposed Consent Decree, the Defendants will pay a total of $2.6 million in civil and stipulated penalties. The Defendants will pay $1.7 million in civil penalties, $200,000 of which will be paid to the State of Ohio, and the remainder to the United States. The Defendants will also pay $900,000 in stipulated penalties to the United States to resolve their alleged violations of the 2001 Consent Decree at the Toledo Refinery. The Defendants will also perform a $1.2 million supplemental environmental project to reduce childhood exposure to lead-based paint hazards. The Consent Decree also requires injunctive relief related to the Toledo Refinery’s continuous emissions monitoring systems, leak detection and repair program, wastewater collection systems, and hazardous substance release reporting procedures. The Defendants will also perform a mitigation project involving the refinery’s sulfur recovery plant. 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 the State of Ohio v. BP Products North America Inc. and BP-Husky Refining LLC, D.J. Ref. No. 90–5–2–1–09244/2. All comments PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 6577 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 Consent 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 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 $32.75 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the appendices and signature pages, the cost is $19.50. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–02182 Filed 2–4–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1773] Meeting of the Federal Advisory Committee on Juvenile Justice Office of Juvenile Justice and Delinquency Prevention. ACTION: Notice of meeting. AGENCY: The Office of Juvenile Justice and Delinquency Prevention has scheduled a meeting of the Federal Advisory Committee on Juvenile Justice (FACJJ). DATES: Friday March 6th, 2020 at 9 a.m.–4:30 p.m. EST. ADDRESSES: The meeting will take place in the third floor video conference room at the U.S. Department of Justice, Office of Justice Programs, 810 7th St. NW, Washington, DC 20531. FOR FURTHER INFORMATION CONTACT: Visit the website for the FACJJ at www.facjj.ojp.gov or contact Elizabeth Wolfe, Designated Federal Official SUMMARY: E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6576-6577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02249]


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DEPARTMENT OF JUSTICE


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

    On January 30, 2020, the Department of Justice lodged a partial 
consent decree (``Partial Consent Decree'') with the United States 
District Court for the Northern District of California in the lawsuit 
entitled United States et al. v. Kohler Co., Civil Action No. C 20-
00683.
    The complaint in this case was filed against Defendant Kohler Co. 
(``Kohler'') concurrently with the lodging of the Partial Consent 
Decree and a separate consent decree to which Kohler and the People of 
the State of California, ex rel. California Air Resources Board 
(``CARB'') are parties (``State CD''). The complaint alleges that 
Kohler is liable for violations of Section 203 of the Clean Air Act 
(``Act''), 42 U.S.C. 7522. The People of the State of California, ex 
rel. CARB also alleges in the complaint that Kohler is liable for 
violations of California law.
    Together, the Partial Consent Decree and the State CD would fully 
address Kohler's alleged manufacture and sale of millions of small, 
nonroad, nonhandheld, spark-ignition engines that did not conform to 
the certification applications Kohler submitted covering the engines. 
Some of these engines were also equipped with a fueling strategy that 
is alleged to have significantly reduced emissions of oxides of 
nitrogen (``NOX'') during certification testing when 
compared to real-world operation (commonly referred to as a ``defeat 
device''). The United States and California seek civil penalties and 
injunctive relief for the violations jointly alleged in the complaint. 
Separately, the People of the State of California, ex rel. CARB seeks 
civil penalties and injunctive relief for alleged violations of 
California's evaporative emissions standards.
    The Partial Consent Decree is entered into by the United States, 
the People of the State of California, ex rel. CARB and Kohler. It 
would require Kohler to pay

[[Page 6577]]

a $20 million civil penalty for all violations alleged in the complaint 
except for the California evaporative emissions standards violations. 
The Partial Consent Decree would require Kohler to forfeit over three 
million kilograms of hydrocarbon plus nitrogen oxide (``HC + 
NOX'') emission credits, implement an emissions testing 
validation plan that includes third-party observation and emissions 
verification testing, conduct annual audits, implement corporate 
governance reforms, and conduct compliance training of its employees.
    The publication of this notice opens a period for public comment on 
the proposed Partial Consent Decree. Comments on the Partial Consent 
Decree should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and should refer to United 
States et al. v. Kohler Co., D.J. Ref. No. 90-5-2-1-11892. 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............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Partial Consent 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 Partial 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 $14.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-02249 Filed 2-4-20; 8:45 am]
 BILLING CODE 4410-15-P