Notice of Lodging of Proposed Consent Decree Under the Clean Air Act, 36879-36880 [2020-13141]

Download as PDF Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Telemanagement Forum Notice is hereby given that, on May 19, 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’’), TM Forum, A New Jersey Non-Profit Corporation (‘‘The Forum’’) 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, the following entities have become members of the Forum: Optiva Inc., Mississauga, CANADA; International Free and Open Source Solutions Foundation, Pleasanton, CA; Future Internet Consulting and Development Solutions S.L., Madrid, SPAIN; Ulster University, Newtownabbey, UNITED KINGDOM; MDS Global Ltd, Warrington, UNITED KINGDOM; Eastwind, Ekaterinburg, RUSSIA; Triple-Innovations Ltd, Zagreb, CROATIA; SoftBank Corp, Minato-ku, JAPAN; Brightcomms, Miami, FL; ONIS Solutions, San Pedro Garza Garcı´a, MEXICO; Nile University, Giza, EGYPT; Calicsi LTD, MUSCAT, OMAN; Tekpaths, Riyadh, SAUDI ARABIA; Sorbonne University, Paris, FRANCE; Sarathi Softech Pvt. Ltd., ¨ BITAK BILGEM Pune, INDIA; TU Software Research Technologies Institute, Gebze, TURKEY; Scorecard Systems Inc., Stouffville, CANADA; Red Dawn Consulting, Northwood, UNITED KINGDOM; Meiji University, Tokyo, JAPAN; Vanrise Solutions, Beirut, LEBANON; OmniSci, San Francisco, CA; Consilience Technologies, Naperville, IL; Bartr Technologies Limited, Birmingham, UNITED KINGDOM; Avistas, Irving, TX; AWTG Ltd, London, UNITED KINGDOM; Creativity Software, Kingston upon Thames, UNITED KINGDOM; Compax Software Development GmbH, Vienna, AUSTRIA; SATEC GROUP, Madrid, SPAIN; Software AG (UK) Ltd, Derby, UNITED KINGDOM; Norconsult Telematics, Riyadh, SAUDI ARABIA; Symbox Ltd, Theale, UNITED KINGDOM; Telecom Egypt, Giza, EGYPT. Also, the following members have changed their names: OSSEra, Inc. to OSSEra, Sacramento, CA; GCI to GCI VerDate Sep<11>2014 17:40 Jun 17, 2020 Jkt 250001 Communication Corp, Anchorage, AK; Torry Harris Integrated Solutions Pvt Ltd to Torry Harris Integration Solutions, Bangalore, INDIA; Mahindra Comviva to Comviva, Haryana, INDIA. In addition, the following parties have withdrawn as parties to this venture: BASE Company, Brussels, BELGIUM; Biplus Vietnam Software Solution JSC, Hanoi, VIETNAM; Business-intelligence of Oriental Nations Corporation Ltd., Beijing, PEOPLES’ REPUBLIC OF CHINA; China Mobile Online Service Company Limited Yunnan Branch, Kunming, PEOPLES’ REPUBLIC OF CHINA; Clementvale, Dublin, IRELAND; Corporate Software, Casablanca, MOROCCO; Couchbase Limited, London, UNITED KINGDOM; Emersion Software, Melbourne, AUSTRALIA; ePLDT Inc., Makati City, PHILIPPINES; gen-E, Irvine, CA; Mercato, Birmingham, UNITED KINGDOM; NetYCE, Amsterdam, NETHERLANDS; Optix Pakistan (Pvt.) Limited, Lahore, PAKISTAN; Polaris Technology, Amman, JORDAN; SAS Institute, Inc, Cary, NC; Sitronics Telecom Solutions Co. (Pvt.) Ltd, Lahore, PAKISTAN; Synchronoss Technologies, Inc., Bridgewater, NJ; Tawhiri Networks, Brewster, NY; Tel Aviv University— Urban Innovation and Sustainability Lab, Tel Aviv, ISRAEL; Telecom Personal (Paraguay), Asuncion, PARAGUAY; Telenet NV, Mechelen, BELGIUM; Tempest IT services a. s., Bratislava, SLOVAKIA; Unitel one source limited, London, UNITED KINGDOM; VenKizmet PERU SAC, Lima, PERU; Virgin Media, Hook, UNITED KINGDOM; Wavelength Communications Ltd, St Albans, UNITED KINGDOM. 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 January 14, 2020. A notice was published in the Federal PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 36879 Register pursuant to Section 6(b) of the Act on February 5, 2020 (85 FR 6575). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. [FR Doc. 2020–13171 Filed 6–17–20; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On May 28, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Kansas in the lawsuit entitled United States and State of Kansas, ex rel. Kansas Department of Health and Environment v. HollyFrontier El Dorado Refining LLC, Civil Action No. 2:20–cv–2270. On June 10, 2020, the Department of Justice lodged a corrected proposed Consent Decree with the United States District Court for the District of Kansas in the same action to correct cross-reference errors in the appendices to the proposed Consent Decree. In the filed Complaint, the United States on behalf of the United States Environmental Protection Agency (‘‘EPA’’), and the State of Kansas, on behalf of the Kansas Department of Health and Environment (‘‘KDHE’’), allege that HollyFrontier El Dorado Refining LLC (‘‘HollyFrontier’’) has violated and, in some instances, continues to violate, the following environmental statutes, regulations, and permits applicable to the petroleum refining industry: (a) The Clean Air Act (‘‘CAA’’), 42 U.S.C. 7401 et seq., specifically Section 110 of the CAA, 42 U.S.C. 7410, and the Kansas State Implementation Plan (‘‘SIP’’) issued thereunder; Section 111 of the CAA, 42 U.S.C. 7411, and the New Source Performance Standards (‘‘NSPS’’), 40 CFR part 60; Section 112 of the CAA, 42 U.S.C. 7412, and the National Emission Standards For Hazardous Air Pollutants (‘‘NESHAPs’’), 40 CFR part 63; Section 112(r)(1) of the CAA, 42 U.S.C. 7412(r)(1); and Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), and the Risk Management Program, 40 CFR part 68; (b) the Kansas Air Quality Act (‘‘KAQA’’), Kan. Stat. Ann. section 65– 3001 et seq., and Kan. Admin. Regs. sections 28–19–302, 28–19–650, and 28–19–20; and (c) the federally enforceable permits issued to HollyFrontier by KDHE pursuant to Title V of the CAA, 42 U.S.C. 7661–7661f; the KAQA, Kan. E:\FR\FM\18JNN1.SGM 18JNN1 36880 Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Notices Stat. Ann. section 65–3001 et seq.; and the regulations promulgated thereunder. The Consent Decree requires HollyFrontier El Dorado Refining LLC to implement injunctive relief at its petroleum refinery in El Dorado, Kansas, and to pay a $4 million civil penalty for a covenant-not-to-sue for some of the claims in the filed Complaint. The injunctive relief includes, but is not limited to: (1) Installation and operation of a new flare tip; (2) installation of an additional compressor on the flare gas recovery system; and (3) internal and third-party audits. The proposed Consent Decree does not resolve the United States’ claims for civil penalties for the alleged violations of Section 112(r)(1) of the CAA, 42 U.S.C. 7412(r)(1); and Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), and the Risk Management Program, 40 CFR part 68. 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 State of Kansas, ex rel. Kansas Department of Health and Environment v. HollyFrontier El Dorado Refining LLC, D.J. Ref. No. 90–5–2–1–08660/1. 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 proposed 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 proposed 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 $20.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy VerDate Sep<11>2014 17:40 Jun 17, 2020 Jkt 250001 without the exhibits and signature pages, the cost is $13.00. Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–13141 Filed 6–17–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Employee Benefits Security Administration [Application No. D–12010] Z–RIN: 1210–ZA28 Prohibited Transactions Involving Pooled Employer Plans Under the SECURE Act and Other Multiple Employer Plans Employee Benefits Security Administration, U.S. Department of Labor. ACTION: Request for information. AGENCY: The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) amended the Employee Retirement Income Security Act of 1974 (ERISA) to allow for pooled employer plans (PEPs). PEPs are required to designate a pooled plan provider who is a named fiduciary of the PEP. As a fiduciary, the pooled plan provider is subject to standards and restrictions in ERISA and the Internal Revenue Code, including the prohibited transaction provisions restricting fiduciaries of plans from engaging in conflict of interest transactions. This document requests information on the possible parties, business models, and conflicts of interest that respondents anticipate will be involved in the formation and ongoing operation of PEPs. This document also requests information on similar issues involving multiple employer plans sponsored by employer groups or associations or professional employer organizations (referred to herein as ‘‘MEPs’’). The Department of Labor (the Department) is considering whether to propose a class exemption on its own motion to cover prohibited transactions involving PEPs and MEPs. DATES: Comments should be submitted to the Department on or before July 20, 2020. ADDRESSES: You may submit written comments to the Office of Exemption Determinations by any of the following methods, identified by Z–RIN 1210– ZA28: Federal eRulemaking Portal: https:// www.regulations.gov at Docket ID SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 number: EBSA–2020–0001. Follow the instructions for submitting comments. Email to: e-OED@dol.gov. See SUPPLEMENTARY INFORMATION below for additional information regarding comments. FOR FURTHER INFORMATION CONTACT: Erin Hesse, telephone (202) 693–8546, Office of Exemption Determinations, Employee Benefits Security Administration, U.S. Department of Labor (this is not a tollfree number). SUPPLEMENTARY INFORMATION: Comment Instructions All comments received must include the agency name and Regulation Identifier Number (Z–RIN) for this request for information. In light of the current circumstances surrounding the COVID–19 pandemic caused by the novel coronavirus which may result in disruption to the receipt of comments by U.S. Mail or hand delivery/courier, persons are encouraged to submit all comments electronically and not to follow with paper copies. Comments will be available to the public, without charge, online at https:// www.regulations.gov and https:// www.dol.gov/agencies/ebsa, and at the Public Disclosure Room, Employee Benefits Security Administration, Suite N–1513, 200 Constitution Avenue NW, Washington, DC 20210. Warning: All comments and hearing requests will be made available to the public. Do not include any personally identifiable information (such as Social Security number, name, address, or other contact information) or confidential business information that you do not want publicly disclosed. All comments and hearing requests may be posted on the internet and can be retrieved by most internet search engines. The Department of Labor (the Department) is considering whether to propose a class exemption on its own motion to cover prohibited transactions involving PEPs and MEPs under the authority of section 408(a) of ERISA, and section 4975(c)(2) of the Internal Revenue Code of 1986, as amended, and in accordance with the procedures set forth in 29 CFR part 2570, subpart B (76 FR 66637, 66644, October 27, 2011). I. Background A. Setting Every Community Up for Retirement Enhancement Act (SECURE Act) The SECURE Act was signed into law on December 20, 2019. It amended the Employee Retirement Income Security Act of 1974 (ERISA) to allow for a type of employee benefit plan called a pooled E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Notices]
[Pages 36879-36880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13141]


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

DEPARTMENT OF JUSTICE


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

    On May 28, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Kansas in the lawsuit entitled United States and State of Kansas, ex 
rel. Kansas Department of Health and Environment v. HollyFrontier El 
Dorado Refining LLC, Civil Action No. 2:20-cv-2270. On June 10, 2020, 
the Department of Justice lodged a corrected proposed Consent Decree 
with the United States District Court for the District of Kansas in the 
same action to correct cross-reference errors in the appendices to the 
proposed Consent Decree. In the filed Complaint, the United States on 
behalf of the United States Environmental Protection Agency (``EPA''), 
and the State of Kansas, on behalf of the Kansas Department of Health 
and Environment (``KDHE''), allege that HollyFrontier El Dorado 
Refining LLC (``HollyFrontier'') has violated and, in some instances, 
continues to violate, the following environmental statutes, 
regulations, and permits applicable to the petroleum refining industry:
    (a) The Clean Air Act (``CAA''), 42 U.S.C. 7401 et seq., 
specifically Section 110 of the CAA, 42 U.S.C. 7410, and the Kansas 
State Implementation Plan (``SIP'') issued thereunder; Section 111 of 
the CAA, 42 U.S.C. 7411, and the New Source Performance Standards 
(``NSPS''), 40 CFR part 60; Section 112 of the CAA, 42 U.S.C. 7412, and 
the National Emission Standards For Hazardous Air Pollutants 
(``NESHAPs''), 40 CFR part 63; Section 112(r)(1) of the CAA, 42 U.S.C. 
7412(r)(1); and Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), and 
the Risk Management Program, 40 CFR part 68;
    (b) the Kansas Air Quality Act (``KAQA''), Kan. Stat. Ann. section 
65-3001 et seq., and Kan. Admin. Regs. sections 28-19-302, 28-19-650, 
and 28-19-20; and
    (c) the federally enforceable permits issued to HollyFrontier by 
KDHE pursuant to Title V of the CAA, 42 U.S.C. 7661-7661f; the KAQA, 
Kan.

[[Page 36880]]

Stat. Ann. section 65-3001 et seq.; and the regulations promulgated 
thereunder.
    The Consent Decree requires HollyFrontier El Dorado Refining LLC to 
implement injunctive relief at its petroleum refinery in El Dorado, 
Kansas, and to pay a $4 million civil penalty for a covenant-not-to-sue 
for some of the claims in the filed Complaint. The injunctive relief 
includes, but is not limited to: (1) Installation and operation of a 
new flare tip; (2) installation of an additional compressor on the 
flare gas recovery system; and (3) internal and third-party audits. The 
proposed Consent Decree does not resolve the United States' claims for 
civil penalties for the alleged violations of Section 112(r)(1) of the 
CAA, 42 U.S.C. 7412(r)(1); and Section 112(r)(7) of the CAA, 42 U.S.C. 
7412(r)(7), and the Risk Management Program, 40 CFR part 68.
    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 State of Kansas, ex rel. Kansas 
Department of Health and Environment v. HollyFrontier El Dorado 
Refining LLC, D.J. Ref. No. 90-5-2-1-08660/1. 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 proposed 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 proposed 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 $20.25 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits and signature pages, the cost is $13.00.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-13141 Filed 6-17-20; 8:45 am]
BILLING CODE 4410-15-P


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