Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 8019-8020 [2020-02766]

Download as PDF Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Notices DEPARTMENT OF JUSTICE lotter on DSKBCFDHB2PROD with NOTICES Notice of Proposed Settlement Agreement and Draft Restoration Plan Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that the United States of America, on behalf of the Department of the Interior (‘‘DOI’’) acting through the U.S. Fish and Wildlife Service and the Commonwealth of Virginia, acting through the Virginia Department of Environmental Quality (VDEQ) on behalf of the Virginia Secretary of Natural Resources (collectively ‘‘Trustees’’), are providing an opportunity for public comment on a proposed Settlement Agreement (‘‘Settlement Agreement’’) among the Trustees and AdvanSix Resins & Chemicals, LLC and AdvanSix Inc. (‘‘AdvanSix’’). The Trustees are also providing notice of an opportunity for public comment on a draft Restoration Plan/Environmental Assessment (‘‘RP/ EA’’). The settlement resolves the civil claims of the Trustees against AdvanSix arising under their natural resource trustee authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 311 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1321, and applicable state law for injury to, impairment of, destruction of, and loss of use of natural resources as a result of releases of hazardous substances on or about November 25, 2014 and October 13, 2017 into Gravelly Run, a tributary of the James River, from the AdvanSix facility located in located in Hopewell, Virginia (the ‘‘Gravelly Run Spills’’). The November 25, 2014 spill consisted of approximately 5,500 pounds of ammonium carbonate, of which approximately 600 pounds discharged directly to an outfall on Gravelly Run, resulting in a significant fish kill. The October 13, 2017 spill involved the release of phenol, causing another fish kill. Under the proposed Settlement Agreement, AdvanSix agrees to pay $184,310 to the DOI Natural Resource Damage Assessment and Restoration Fund to be used to restore, replace, rehabilitate, or acquire the equivalent of those resources injured by the Gravelly Run Spills, as proposed in the draft RP/ EA. In addition, AdvanSix agrees to pay $70,690 to the Trustees for past assessment costs. AdvanSix will receive from the Trustees a covenant not to sue for the claims resolved by the settlement, including assessment costs. VerDate Sep<11>2014 17:03 Feb 11, 2020 Jkt 250001 In accordance with CERCLA and the CWA, the Trustees have also written a draft RP/EA that describes proposed alternatives for restoring the natural resources and natural resource services injured by the Gravelly Run Spills. The preferred restoration alternative selected by the Trustees in the Draft RP/EA is the acquisition of approximately 25 acres of marsh and upland properties along Powell Creek, a tributary of the James River and ultimate transfer to the James River National Wildlife Refuge in Prince George County, Virginia for long-term stewardship and conservation in perpetuity. The publication of this notice opens a period for public comment on the proposed Settlement Agreement and draft RP/EA. Comments on the proposed Settlement Agreement should be addressed to the Assistant Attorney General, Environment and Natural Resources Division and should refer to the AdvanSix Settlement Agreement, DJ No. 90–5–1–1–11263. 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 Settlement Agreement 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 Settlement Agreement 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 $3.75 (25 cents per page reproduction cost) payable to the United States Treasury. Comments on the draft RP/EA may be submitted to the Trustees either electronically or by mail. Written comments on the draft RP/EA should reference the AdvanSix RP/EA and be addressed to: Susan Lingenfelser, U.S. Fish and Wildlife Service, 6669 Short Lane, Gloucester, Virginia 23061 or emailed to susan_lingenfelser@fws.gov. All comments must be submitted no later than thirty (30) days after the publication date of this notice. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 8019 During the public comment period, a copy of the draft RP/EA will be available electronically at https:// www.cerc.usgs.gov/orda_docs/ DocHandler.ashx?task=get&ID=5856. A copy of the draft RP/EA may also be examined at the Virginia Field Office in Gloucester, Virginia. Arrangements to view the documents must be made in advance by contacting Susan Lingenfelser at (804) 824–2415. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–02774 Filed 2–11–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On February 6, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Guam in the lawsuit entitled United States v. Guam Power Authority and Marianas Energy Company, L.L.C., Civil Action No. 1:20– cv–00007. The United States filed this lawsuit under the Clean Air Act. The United States’ complaint seeks injunctive relief and civil penalties for violations of the emission limits and the performance testing requirements in the National Emission Standards for Hazardous Air Pollutants regulations that govern the operation of stationary reciprocating internal combustion engines and electric utility steam generating units at Guam Power Authority’s (‘‘GPA’’) Cabras and Piti power plants in Piti, Guam. The Consent Decree requires GPA to perform injunctive relief and pay a $400,000 civil penalty. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Guam Power Authority and Marianas Energy Company, L.L.C., D.J. Ref. No. 90–5–2–1–11000. 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. E:\FR\FM\12FEN1.SGM 12FEN1 8020 Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Notices Comments may be submitted either by email or by mail: To submit comments: Send them to: 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 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 $9.00 (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. 2020–02766 Filed 2–11–20; 8:45 am] 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 $21.25 (25 cents per page reproduction cost) payable to the United States Treasury. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE lotter on DSKBCFDHB2PROD with NOTICES To submit comments: [FR Doc. 2020–02738 Filed 2–11–20; 8:45 am] Notice of Lodging of Consent Decree Under the Clean Air Act BILLING CODE 4410–15–P On January 28, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Ohio in United States v. Dynegy Zimmer LLC, Civil Action No. 1:20–cv–00071. The Consent Decree settles claims brought by the United States for violations of the Clean Air Act, 42 U.S.C. 7401 et seq. in connection with a coal fired power plant owned and operated by Defendant in Moscow, Ohio. The Consent Decree requires the Defendant to undertake measures to address CAA violations and prevent future CAA violations. Defendant will also implement a mitigation project and a supplemental environmental project. Under the Consent Decree, Defendant will pay a civil penalty of $600,000. 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 v. Dynegy Zimmer LLC, D.J. Ref. No. 90–5–2–1–11425. All comments must be submitted no later than thirty (30) days after the publication date of this notice. DEPARTMENT OF LABOR VerDate Sep<11>2014 17:03 Feb 11, 2020 Jkt 250001 Employee Benefits Security Administration [Prohibited Transaction Exemption 2020– 01; Exemption Application No. D–11998] Exemption From Certain Prohibited Transaction Restrictions Involving UBS Asset 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 Global Wealth Management U.S. 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, Labor. ACTION: Notice of exemption. AGENCY: This document contains a notice of exemption issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal SUMMARY: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Revenue Code of 1986 (the Code). The exemption affects the ability of certain entities with specified relationships to UBS AG (UBS), UBS Securities Japan Co., Ltd. (UBS Securities Japan), and UBS (France) S.A. (UBS France) to continue to rely upon relief provided by Prohibited Transaction Exemption 84– 14. This exemption will be in effect for five years beginning on February 20, 2020 and ending on February 20, 2025. FOR FURTHER INFORMATION CONTACT: Mr. Brian Mica of the Department at (202) 693–8402. (This is not a toll-free number.) DATES: On September 30, 2019, the Department published a notice of proposed exemption in the Federal Register at 84 FR 51621, permitting certain entities with specified relationships to UBS to continue to rely upon the relief provided by PTE 84–14 1 for a period of five years, notwithstanding certain criminal convictions, as described herein (the Convictions) and the 2019 French Conviction. The Department is granting this exemption to ensure that Covered Plans 2 with assets managed by an asset manager within the corporate family of UBS may continue to benefit from the relief provided by PTE 84–14. This exemption will be in effect for five years from February 20, 2020 (the date the relief in PTE 2019–013 expires) through February 20, 2025. The grant of this five-year exemption does not imply, and is not intended to imply, that the Department will grant additional relief for UBS QPAMs to continue to rely on the relief in PTE 84–14 following the end of the five-year period. This exemption provides only the relief specified in the text of the exemption, and only with respect to the criminal convictions or criminal conduct described herein. It provides no relief from violations of any law other SUPPLEMENTARY INFORMATION: 1 49 FR 9494, March 13, 1984, as corrected at 50 FR 41430 (October 10, 1985), as amended at 70 FR 49305 (August 23, 2005) and as amended at 75 FR 38837 (July 6, 2010), hereinafter referred to as PTE 84–14 or the QPAM exemption. 2 ‘‘Covered Plan’’ is a plan subject to Part 4 of Title 1 of ERISA (‘‘ERISA-covered plan’’) or a plan subject to section 4975 of the Code (‘‘IRA’’) with respect to which a UBS QPAM relies on PTE 84– 14, or with respect to which a UBS QPAM (or any UBS affiliate) has expressly represented that the manager qualifies as a QPAM or relies on the QPAM class exemption (PTE 84–14). A Covered Plan does not include an ERISA-covered plan or IRA to the extent the UBS QPAM has expressly disclaimed reliance on QPAM status or PTE 84–14 in entering into its contract, arrangement, or agreement with the ERISA-covered plan or IRA. 3 See PTE 2019–01; 84 FR 6163, February 26, 2019. E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Pages 8019-8020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02766]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On February 6, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Guam in the lawsuit entitled United States v. Guam Power Authority 
and Marianas Energy Company, L.L.C., Civil Action No. 1:20-cv-00007.
    The United States filed this lawsuit under the Clean Air Act. The 
United States' complaint seeks injunctive relief and civil penalties 
for violations of the emission limits and the performance testing 
requirements in the National Emission Standards for Hazardous Air 
Pollutants regulations that govern the operation of stationary 
reciprocating internal combustion engines and electric utility steam 
generating units at Guam Power Authority's (``GPA'') Cabras and Piti 
power plants in Piti, Guam. The Consent Decree requires GPA to perform 
injunctive relief and pay a $400,000 civil penalty.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States v. Guam Power Authority and Marianas 
Energy Company, L.L.C., D.J. Ref. No. 90-5-2-1-11000. 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].

[[Page 8020]]

 
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 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 $9.00 (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. 2020-02766 Filed 2-11-20; 8:45 am]
 BILLING CODE 4410-15-P
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