Notice of Lodging of Proposed First Modification of The Consent Decree Under The Clean Air Act, 53849-53850 [2020-19160]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Notices
Emergency Action Plan. Prepare
schedules of these activities as
applicable. Describe what studies are
necessary to accomplish the
hydroelectric power development and
how the studies would be implemented.
Environmental Impact: Discuss
potentially significant adverse impacts
from the proposed project on
biophysical or sociocultural resource
parameters on the Columbia Basin
Project as a whole. Of concern are
potential impacts on land use adjacent
to proposed facilities, recreation at the
surrounding areas, cultural resources,
and Indian Trust assets, and impacts on
any protected aquatic or terrestrial
wildlife species or associated protected
habitat.
Discuss potential adverse impacts
based on available information. Provide
information on the types and severity of
expected impacts and proposed
methods of resolving or mitigating these
impacts. Describe also any potentially
beneficial environmental effects that
may be expected from the proposed
project, including such perspectives as
energy conservation or using available
water resources in the public interest.
As necessary, describe studies required
to adequately define the extent,
potential severity, and potential
approaches to mitigation of impacts that
may be associated with the proposed
development.
Other Study and/or Permit
Requirements: Describe planned
response to other applicable regulatory
requirements, including the NHPA,
Clean Water Act, ESA, and state and
local laws and licensing requirements.
Also describe any known potential for
impact on lands or resources of
American Indian tribes, including trust
resources.
Project Development Costs and
Economic Analysis: Estimate the costs
of development, including the cost of
studies to determine feasibility,
environmental compliance, project
design, construction, financing, and the
amortized annual cost of the
investment. Estimate annual operation
and maintenance, replacement
expenses, annual payments to the
United States, and those potentially
associated with the Columbia Basin
Project. Estimate costs associated with
any anticipated additional transmission
or wheeling services. Identify proposed
methods of financing the project. The
anticipated return on investment should
be estimated and an economic analysis
should be presented that compares the
present worth of all benefits and the
costs of the project.
Performance Guarantee and
Assumption of Liability: Describe plans
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for (1) providing the government with
performance bonds or irrevocable letter
of credit covering completion of the
proposed project; (2) assuming liability
for damage to the structural integrity of
North Dam or any other Reclamation
asset physically altered as part of
proposed project; (3) assuming liability
for damage to the operational integrity
of John Keys Pump Generating Plant,
Grand Coulee Dam, Lake Roosevelt and
Banks Lake reservoirs, or other aspects
of the Columbia Basin Project caused by
construction, operation and/or
maintenance of the hydropower
development; and (4) obtaining general
liability insurance.
Other Information: This final
paragraph is provided for the applicant
to include additional information
considered relevant to Reclamation’s
selection process in this matter.
53849
Notice and Time Period To Enter Into
LOPP
Reclamation will notify, in writing, all
entities submitting proposals of
Reclamation’s decision regarding
selection of the potential lessee. Time
period requirements to sign the
preliminary lease, sign the LOPP
contract, design completion, and
construction will be administered in
accordance with Reclamation Manual
Directive and Standard, Lease of Power
Privilege (LOPP) Processes,
Responsibilities, Timelines, and Charges
(FAC 04–08).
Lorri J. Gray,
Regional Director, Interior Region 9:
Columbia-Pacific-Northwest, Bureau of
Reclamation.
[FR Doc. 2020–19155 Filed 8–28–20; 8:45 am]
BILLING CODE 4332–90–P
Selection of Lessee
DEPARTMENT OF JUSTICE
Reclamation will evaluate proposals
received in response to this published
Notice. Proposals will be ranked
according to response to the factors
described in Fundamental Requirements
and Considerations and Proposal
Content Guidelines sections provided in
this Notice. In general, Reclamation will
give more favorable consideration to
proposals that (1) are well adapted to
developing, conserving, and utilizing
the water resource and protecting
natural resources; (2) clearly
demonstrate that the offeror is qualified
to develop the hydropower facility and
provide for long-term operation and
maintenance; and (3) best share the
economic benefits of the hydropower
development among parties to the
LOPP. A proposal will be deemed
unacceptable if it is inconsistent with
Columbia Basin Project purposes, as
determined by Reclamation.
Reclamation will give preference to
those entities that qualify as preference
entities, as defined under Proposal
Content Guidelines of this Notice,
provided that the preference entity is
well qualified and their proposal is at
least as well adapted to developing,
conserving, and utilizing the water and
natural resources as other submitted
proposals. Preference entities will be
allowed 30 days from notification to
improve their proposals, if necessary, to
be made at least equal to a proposal(s)
that may have been submitted by a nonpreference entity.
The Notice of Intent to accept
proposals does not obligate Reclamation
to ultimately select a lessee.
Notice of Lodging of Proposed First
Modification of The Consent Decree
Under The Clean Air Act
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On August 25, 2020, the Department
of Justice lodged a proposed First
Modification of the Consent Decree
(First Modification) with the United
States District Court of the Virgin
Islands Division of St. Croix in the
lawsuit entitled United States of
America and the United States Virgin
Islands v. HOVENSA L.L.C., Civil
Action Nos. 1:11-cv-00006. The
proposed First Modification modifies
the Consent Decree approved by the
Court on June 7, 2011 (June 2011
Consent Decree) resolving claims by the
United States and the United States
Virgin Islands against HOVENSA L.L.C.
for alleged violations of Section 113(b)
of the Clean Air Act, 42 U.S.C. 7413(b)
and territorial law. Under the original
Consent Decree, HOVENSA L.L.C.
agreed to substantially reduce emissions
of nitrogen oxides (NOX), sulfur dioxide
(SO2), volatile organic compounds, and
benzene from the refinery.
On September 15, 2015, HOVENSA
L.L.C. filed for bankruptcy under
Chapter 11 of the U.S. Bankruptcy Code
in District Court of the U.S. Virgin
Islands, Bankruptcy Division—St. Croix,
Virgin Islands. See, bankruptcy
proceeding entitled In re HOVENSA
L.L.C.., No. 1–15–10003–MFW. As part
of the bankruptcy proceeding, Limetree
Bay Terminals, LLC purchased certain
assets from HOVENSA L.L.C. that are
subject to the June 2011 Consent Decree.
As part of the bankruptcy, an
Environmental Response Trust was
established and assumed some of
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53850
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Notices
HOVENSA L.L.C.’s 2011 Consent Decree
obligations. Subsequent to that
purchase, Limetree Bay Terminals, LLC
transferred certain assets to Limetree
Bay Refining, LLC.
Paragraph 7 of the 2011 Consent
Decree requires HOVENSA L.L.C. to
condition any transfer of ownership or
operation of the refinery ‘‘upon the
execution by the transferee of a
modification to this Consent Decree,
which makes the terms and conditions
of this Consent Decree applicable to the
transferee.’’ Under the proposed First
Modification, Limetree Bay Terminals,
LLC, Limetree Bay Refining, LLC and
the Environmental Response Trust are
being added as parties to the Consent
Decree. The proposed First Modification
also makes changes to some of the
deadlines and injunctive relief
obligations required by the 2011
Consent Decree.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the First
Modification. Comments should be
addressed to the Assistant Attorney
General for the Environmental and
Natural Resources Division, and should
refer to United States, et al. v.
HOVENSA L.L.C., Civil Action No. 1:11cv-00006, D. J. Ref. No. 90–5–2–1–
08229/1. All comments must be
submitted no later than thirty days after
the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
By e-mail .......
khammond on DSKJM1Z7X2PROD with NOTICES
By mail ...........
Send them to:
pubcomment-ees.enrd@
usdoj.gov
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington,
D.C. 20044–7611.
During the public comment period,
the First Modification may be examined
and downloaded at this Department of
Justice website: https://www.justice.gov/
enrd/consent-decrees. We will provide a
paper copy of the First Modification
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 in the amount
of $39.50 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental
Enforcement Section, Environment & Natural
Resources Division.
[FR Doc. 2020–19160 Filed 8–28–20; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Wage and Hour Division
Establishing a Minimum Wage for
Contractors, Notice of Rate Change in
Effect as of January 1, 2021
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:
The Wage and Hour Division
(WHD) of the U.S. Department of Labor
(the Department) is issuing this notice to
announce the applicable minimum
wage rate for workers performing work
on or in connection with federal
contracts covered by Executive Order
13658, Establishing a Minimum Wage
for Contractors (the Executive Order or
the Order), beginning January 1, 2021.
Beginning on that date, the Executive
Order minimum wage rate that generally
must be paid to workers performing
work on or in connection with covered
contracts will increase to $10.95 per
hour, while the required minimum cash
wage that generally must be paid to
tipped employees performing work on
or in connection with covered contracts
will increase to $7.65 per hour.
DATES: These new rates shall take effect
on January 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Amy DeBisschop, Director, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this notice may be
obtained in alternative formats (Large
Print, Braille, Audio Tape, or Disc),
upon request, by calling (202) 693–0023
(not a toll-free number). TTY/TTD
callers may dial toll-free (877) 889–5627
to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Order 13658 Background
and Requirements for Determining
Annual Increases to the Minimum
Wage Rate
The Executive Order was signed on
February 12, 2014, and raised the hourly
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minimum wage for workers performing
work on or in connection with covered
federal contracts to $10.10 per hour,
beginning January 1, 2015, with annual
adjustments thereafter in an amount
determined by the Secretary pursuant to
the Order. See 79 FR 9851. The
Executive Order directed the Secretary
to issue regulations to implement the
Order’s requirements. See 79 FR 9852.
Accordingly, after engaging in noticeand-comment rulemaking, the
Department published a Final Rule on
October 7, 2014 to implement the
Executive Order. See 79 FR 60634. The
final regulations, set forth at 29 CFR part
10, established standards and
procedures for implementing and
enforcing the minimum wage
protections of the Order.
The Executive Order and its
implementing regulations require the
Secretary to determine the applicable
minimum wage rate for workers
performing work on or in connection
with covered contracts on an annual
basis, beginning January 1, 2016. See 79
FR 9851; 29 CFR 10.1(a)(2), 10.5(a)(2),
10.12(a). Sections 2(a) and (b) of the
Order establish the methodology that
the Secretary must use to determine the
annual inflation-based increases to the
minimum wage rate. See 79 FR 9851.
These provisions, which are
implemented in 29 CFR 10.5(b)(2),
explain that the applicable minimum
wage determined by the Secretary for
each calendar year shall be:
• Not less than the amount in effect
on the date of such determination;
• Increased from such amount by the
annual percentage increase in the
Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI–W)
(United States city average, all items,
not seasonally adjusted), or its successor
publication, as determined by the
Bureau of Labor Statistics (BLS); and
• Rounded to the nearest multiple of
$0.05.
Section 2(b) of the Executive Order
further provides that, in calculating the
annual percentage increase in the CPI–
W for purposes of determining the new
minimum wage rate, the Secretary shall
compare such CPI–W for the most
recent month, quarter, or year available
(as selected by the Secretary prior to the
first year for which a minimum wage is
in effect) with the CPI–W for the same
month in the preceding year, the same
quarter in the preceding year, or the
preceding year, respectively. See 79 FR
9851. To calculate the annual
percentage increase in the CPI–W, the
Department elected in its final rule
implementing the Executive Order to
compare such CPI–W for the most
recent year available with the CPI–W for
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]]>Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53849-53850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19160]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed First Modification of The Consent
Decree Under The Clean Air Act
On August 25, 2020, the Department of Justice lodged a proposed
First Modification of the Consent Decree (First Modification) with the
United States District Court of the Virgin Islands Division of St.
Croix in the lawsuit entitled United States of America and the United
States Virgin Islands v. HOVENSA L.L.C., Civil Action Nos. 1:11-cv-
00006. The proposed First Modification modifies the Consent Decree
approved by the Court on June 7, 2011 (June 2011 Consent Decree)
resolving claims by the United States and the United States Virgin
Islands against HOVENSA L.L.C. for alleged violations of Section 113(b)
of the Clean Air Act, 42 U.S.C. 7413(b) and territorial law. Under the
original Consent Decree, HOVENSA L.L.C. agreed to substantially reduce
emissions of nitrogen oxides (NOX), sulfur dioxide
(SO2), volatile organic compounds, and benzene from the
refinery.
On September 15, 2015, HOVENSA L.L.C. filed for bankruptcy under
Chapter 11 of the U.S. Bankruptcy Code in District Court of the U.S.
Virgin Islands, Bankruptcy Division--St. Croix, Virgin Islands. See,
bankruptcy proceeding entitled In re HOVENSA L.L.C.., No. 1-15-10003-
MFW. As part of the bankruptcy proceeding, Limetree Bay Terminals, LLC
purchased certain assets from HOVENSA L.L.C. that are subject to the
June 2011 Consent Decree. As part of the bankruptcy, an Environmental
Response Trust was established and assumed some of
[[Page 53850]]
HOVENSA L.L.C.'s 2011 Consent Decree obligations. Subsequent to that
purchase, Limetree Bay Terminals, LLC transferred certain assets to
Limetree Bay Refining, LLC.
Paragraph 7 of the 2011 Consent Decree requires HOVENSA L.L.C. to
condition any transfer of ownership or operation of the refinery ``upon
the execution by the transferee of a modification to this Consent
Decree, which makes the terms and conditions of this Consent Decree
applicable to the transferee.'' Under the proposed First Modification,
Limetree Bay Terminals, LLC, Limetree Bay Refining, LLC and the
Environmental Response Trust are being added as parties to the Consent
Decree. The proposed First Modification also makes changes to some of
the deadlines and injunctive relief obligations required by the 2011
Consent Decree.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the First
Modification. Comments should be addressed to the Assistant Attorney
General for the Environmental and Natural Resources Division, and
should refer to United States, et al. v. HOVENSA L.L.C., Civil Action
No. 1:11-cv-00006, D. J. Ref. No. 90-5-2-1-08229/1. All comments must
be submitted no later than thirty 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 e-mail................................. [email protected]
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, D.C.
20044-7611.
------------------------------------------------------------------------
During the public comment period, the First Modification may be
examined and downloaded at this Department of Justice website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the First Modification 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 in the amount of $39.50 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment
& Natural Resources Division.
[FR Doc. 2020-19160 Filed 8-28-20; 8:45 am]
BILLING CODE 4410-15-P
