83 FR 11792 - Notice of Lodging of Proposed Consent Decree and Environmental Settlement Agreement Under The Clean Air Act
DEPARTMENT OF JUSTICE Federal Register Volume 83, Issue 52 (March 16, 2018)
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11792-11793 | |
| FR Document | 2018-05338 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11792-11793] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05338] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree and Environmental Settlement Agreement Under The Clean Air Act On March 12, 2018, the Department of Justice lodged a proposed Consent Decree and Environmental Settlement Agreement (``Settlement Agreement'') with the United States Bankruptcy Court for the District of Delaware in In PES HOLDINGS LLC., et al., Civil Action No. 18-10122 (Bankr. D. Del.). The United States, on behalf of the United States Environmental Protection Agency, filed this Settlement Agreement with PES Holdings, LLC and its Debtor Affiliates (collectively the Debtors),\1\ including Debtor Philadelphia Energy Solutions Refining and Marketing LLC (``PESRM''), to resolve a dispute about the obligations and liabilities of PESRM and related parties under the Clean Air Act's Renewable Fuel Standard program, which requires refiners to blend renewable fuels into gasoline or diesel fuel or obtain Renewable Identification Numbers (``RINs'') to meet Renewable Volume Obligations (``RVOs''). Under the Settlement Agreement, Debtors have agreed (1) to retire a total of 138 million currently held RINs to resolve PESRM's liability for RVOs prior to the Effective Date of Debtors' proposed Plan of Reorganization; (2) to retire 64.6 million RINs toward their post-bankruptcy 2018 RVO; and (3) to consent to retirement of RINs on a semiannual basis for their post-Effective Date RVOs through 2022. This obligation will be extended and the company will be subject to stipulated penalties if it fails to meet this obligation. --------------------------------------------------------------------------- \1\ Debtors in this matter include: PES Holdings, LLC; North Yard Financing, LLC; North Yard GP, LLC; North Yard Logistics, L.P.; PES Administrative Services, LLC; PES Logistics GP, LLC; PES Logistics Partners, L.P.; PESRM Holdings, LLC; and Philadelphia Energy Solutions Refining and Marketing LLC. --------------------------------------------------------------------------- The publication of this notice opens a period for public comment on the [[Page 11793]] Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re PES Holdings, LLC., et al., D.J. Ref. No. 90-5-2- 1-10993/1. All comments must be submitted no later than ten (10) 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 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 $5.25 (25 cents per page reproduction cost) payable to the United States Treasury. Jeffrey K. Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2018-05338 Filed 3-15-18; 8:45 am] BILLING CODE 4410-15-P
![11792 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
to 5:15 p.m.) in the Office of the this notice of investigation shall be and to enter an initial determination
Secretary, U.S. International Trade served: and a final determination containing
Commission, 500 E Street SW, Room (a) The complainants are: Rovi such findings, and may result in the
112, Washington, DC 20436, telephone Corporation, 2160 Gold Street, San Jose, issuance of an exclusion order or a cease
(202) 205–2000. Hearing impaired CA 95002; Rovi Guides, Inc., 2160 Gold and desist order or both directed against
individuals are advised that information Street, San Jose, CA 95002; Rovi the respondent.
on this matter can be obtained by Technologies Corporation, 2160 Gold By order of the Commission.
contacting the Commission’s TDD Street, San Jose, CA 95002; Veveo, Inc.,
Issued: March 12, 2018.
terminal on (202) 205–1810. Persons 40 Shattuck Road, Suite 303, Andover,
Lisa R. Barton,
with mobility impairments who will MA 01810.
(b) The respondents are the following Secretary to the Commission.
need special assistance in gaining access
entities alleged to be in violation of [FR Doc. 2018–05336 Filed 3–15–18; 8:45 am]
to the Commission should contact the
Office of the Secretary at (202) 205– section 337, and are the parties upon BILLING CODE 7020–02–P
2000. General information concerning which the complaint is to be served:
the Commission may also be obtained Comcast Corporation, One Comcast
by accessing its internet server at Center, 1701 John F. Kennedy DEPARTMENT OF JUSTICE
https://www.usitc.gov. The public Boulevard, Philadelphia, PA 19103;
Comcast Cable Communications, LLC, Notice of Lodging of Proposed
record for this investigation may be
One Comcast Center, 1701 John F. Consent Decree and Environmental
viewed on the Commission’s electronic
Kennedy Boulevard, Philadelphia, PA Settlement Agreement Under The
docket (EDIS) at https://edis.usitc.gov.
19103; Comcast Cable Communications Clean Air Act
FOR FURTHER INFORMATION CONTACT: Management, LLC, One Comcast Center,
Pathenia M. Proctor, The Office of On March 12, 2018, the Department of
1701 John F. Kennedy Boulevard, Justice lodged a proposed Consent
Unfair Import Investigations, U.S. Philadelphia, PA 19103; Comcast
International Trade Commission, Decree and Environmental Settlement
Business Communications, LLC, One Agreement (‘‘Settlement Agreement’’)
telephone (202) 205–2560. Comcast Center, 1701 John F. Kennedy with the United States Bankruptcy
SUPPLEMENTARY INFORMATION: Boulevard, Philadelphia, PA 19103; Court for the District of Delaware in In
Authority: The authority for Comcast Holdings Corporation, One PES HOLDINGS LLC., et al., Civil
institution of this investigation is Comcast Center, 1701 John F. Kennedy Action No. 18–10122 (Bankr. D. Del.).
contained in section 337 of the Tariff Boulevard, Philadelphia, PA 19103; The United States, on behalf of the
Act of 1930, as amended, 19 U.S.C. 1337 Comcast Shared Services, LLC, 330 N United States Environmental Protection
and in section 210.10 of the Wabash Avenue 22, Chicago, IL 60611– Agency, filed this Settlement Agreement
Commission’s Rules of Practice and 3586. with PES Holdings, LLC and its Debtor
Procedure, 19 CFR 210.10 (2017). (c) The Office of Unfair Import Affiliates (collectively the Debtors),1
Investigations, U.S. International Trade including Debtor Philadelphia Energy
Scope of Investigation: Having
Commission, 500 E Street SW, Suite Solutions Refining and Marketing LLC
considered the complaint, the U.S.
401, Washington, DC 20436; and (‘‘PESRM’’), to resolve a dispute about
International Trade Commission, on (3) For the investigation so instituted,
March 12, 2018, Ordered that— the obligations and liabilities of PESRM
the Chief Administrative Law Judge, and related parties under the Clean Air
(1) Pursuant to subsection (b) of U.S. International Trade Commission,
section 337 of the Tariff Act of 1930, as Act’s Renewable Fuel Standard
shall designate the presiding program, which requires refiners to
amended, an investigation be instituted Administrative Law Judge.
to determine whether there is a blend renewable fuels into gasoline or
Responses to the complaint and the diesel fuel or obtain Renewable
violation of subsection (a)(1)(B) of notice of investigation must be
section 337 in the importation into the Identification Numbers (‘‘RINs’’) to meet
submitted by the named respondents in Renewable Volume Obligations
United States, the sale for importation, accordance with section 210.13 of the
or the sale within the United States after (‘‘RVOs’’). Under the Settlement
Commission’s Rules of Practice and Agreement, Debtors have agreed (1) to
importation of certain digital video Procedure, 19 CFR 210.13. Pursuant to
receivers and related hardware and retire a total of 138 million currently
19 CFR 201.16(e) and 210.13(a), such held RINs to resolve PESRM’s liability
software components by reason of responses will be considered by the
infringement of one or more of claims for RVOs prior to the Effective Date of
Commission if received not later than 20 Debtors’ proposed Plan of
1–3, 5–11, 13–19, and 21–24 of the ’011 days after the date of service by the
patent; claims 1, 2, 4–6, and 8–11 of the Reorganization; (2) to retire 64.6 million
Commission of the complaint and the RINs toward their post-bankruptcy 2018
’394 patent; claims 1, 3, 4, 8, 10, 11, 15, notice of investigation. Extensions of RVO; and (3) to consent to retirement of
17, 18, 22, 24, and 25 of the ’585 patent; time for submitting responses to the RINs on a semiannual basis for their
claims 1–3, 5, 7, 9–12, 14, 16, 18, and complaint and the notice of post-Effective Date RVOs through 2022.
28 of the ’799 patent; claims 1–3, 5–10, investigation will not be granted unless This obligation will be extended and the
12, 14–17, 19, and 20 of the ’741 patent; good cause therefor is shown. company will be subject to stipulated
claims 1–8, 10–18, and 20 of the ’363 Failure of a respondent to file a timely penalties if it fails to meet this
patent; claims 1, 2, 4–6, 11, 12, and response to each allegation in the obligation.
14–16 of the ’956 patent; and claims complaint and in this notice may be The publication of this notice opens
1–4, 7–13, and 17–20 of the ’014 patent, deemed to constitute a waiver of the a period for public comment on the
daltland on DSKBBV9HB2PROD with NOTICES
and whether an industry in the United right to appear and contest the
States exists or is in the process of being allegations of the complaint and this 1 Debtors in this matter include: PES Holdings,
established as required by subsection notice, and to authorize the LLC; North Yard Financing, LLC; North Yard GP,
(a)(2) of section 337; administrative law judge and the LLC; North Yard Logistics, L.P.; PES Administrative
Services, LLC; PES Logistics GP, LLC; PES Logistics
(2) For the purpose of the Commission, without further notice to Partners, L.P.; PESRM Holdings, LLC; and
investigation so instituted, the following the respondent, to find the facts to be as Philadelphia Energy Solutions Refining and
are hereby named as parties upon which alleged in the complaint and this notice Marketing LLC.
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![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11793
Settlement Agreement. Comments Complaint, the United States sought NATIONAL COUNCIL ON DISABILITY
should be addressed to the Assistant injunctive relief and penalties.
Attorney General, Environment and The proposed Consent Decree Sunshine Act Meetings
Natural Resources Division, and should resolves the claims alleged in the
refer to In re PES Holdings, LLC., et al., Complaint, and requires the defendants TIME AND DATES: The Members of the
D.J. Ref. No. 90–5–2–1–10993/1. All to take specified actions designed to National Council on Disability (NCD)
comments must be submitted no later achieve and maintain compliance with will meet by phone on Thursday, March
than ten (10) days after the publication the Clean Air Act and the applicable 29, 2018, 11:00 a.m.–12:30 p.m., ET.
date of this notice. Comments may be regulations. The proposed Consent
submitted either by email or by mail: Decree requires the defendants to PLACE: The meeting will occur by
perform audits to identify non- phone. NCD staff will participate in the
To submit compliance at four facilities and to call from the NCD conference room,
Send them to:
comments: correct any violations identified. In 1331 F Street NW, Suite 850,
addition, the defendants must pay a Washington, DC. Interested parties may
By email ...... pubcomment-ees.enrd@
civil penalty of $179,099 and must join the meeting in person at the NCD
usdoj.gov.
By mail ........ Assistant Attorney General, complete a Supplemental conference room or may join the phone
U.S. DOJ—ENRD, P.O. Box Environmental Project designed to line in a listening-only capacity using
7611, Washington, DC reduce volatile organic compound the following call-in information: Call-
20044–7611. emissions at the Rabbit Gulch in number: 1–888–855–5838; Passcode:
compressor station, located near the 5101128; Host Name: Neil Romano.
During the public comment period, Altamont gas processing plant in
the Settlement Agreement may be MATTERS TO BE CONSIDERED: The Council
Duchesne County, Utah. will discuss and vote on the slate of
examined and downloaded at this The publication of this notice opens
Justice Department website: https:// projects it will move forward for
a period for public comment on the
www.justice.gov/enrd/consent-decrees. external funding opportunities and
Consent Decree. Please address
We will provide a paper copy of the internal work of staff.
comments to the Assistant Attorney
Settlement Agreement upon written General, Environment and Natural AGENDA: The times provided below are
request and payment of reproduction Resources Division and refer to United approximations for when each agenda
costs. Please mail your request and States v. Kinder Morgan Altamont LLC item is anticipated to be discussed (all
payment to: Consent Decree Library, and Colorado Interstate Gas Company, times Eastern):
U.S. DOJ—ENRD, P.O. Box 7611, L.L.C., DJ. Ref. No. 90–5–2–1–11424. All
Washington, DC 20044–7611. comments must be submitted no later Thursday, March 29
Please enclose a check or money order than thirty (30) days after the
for $5.25 (25 cents per page 11:00 a.m.–11:10 a.m.—Opening
publication date of this notice. comments by the Chairman
reproduction cost) payable to the United Comments may be submitted either by
States Treasury. email or by mail: 11:10 a.m.–12:30 p.m.—Discussion of
policy project proposals, to conclude
Jeffrey K. Sands,
To submit with a vote of the board regarding
Assistant Section Chief, Environmental Send them to:
comments: funding allocations and priorities
Enforcement Section, Environment and
Natural Resources Division. By email ...... pubcomment-ees.enrd@
12:30 p.m.—Adjourn
[FR Doc. 2018–05338 Filed 3–15–18; 8:45 am] usdoj.gov. CONTACT PERSON: Anne Sommers, NCD,
BILLING CODE 4410–15–P By mail ........ Assistant Attorney General, 1331 F Street NW, Suite 850,
U.S. DOJ—ENRD, P.O. Box Washington, DC 20004; 202–272–2004
7611, Washington, DC
20044–7611.
(V).
DEPARTMENT OF JUSTICE
ACCOMMODATIONS: A CART streamtext
Notice of Lodging of Proposed During the public comment period, link has been arranged for this meeting.
Consent Decree Under the Clean Air the Consent Decree may be examined The web link to access CART on
Act and downloaded at this Justice Thursday, March 29, 2018 is: https://
Department website: https:// www.streamtext.net/player?event=NCD-
On March 9, 2018, the Department of
www.justice.gov/enrd/consent-decrees. MEETING.
Justice lodged a proposed Consent
We will provide a paper copy of the
Decree with the United States District Those who plan to attend the meeting
Consent Decree upon written request
Court for District of Utah in the lawsuit in-person and require accommodations
and payment of reproduction costs.
entitled United States v. Kinder Morgan should notify NCD as soon as possible
Please mail your request and payment
Altamont LLC and Colorado Interstate to allow time to make arrangements. To
to: Consent Decree Library, U.S. DOJ—
Gas Company, L.L.C., Civil Action No. help reduce exposure to fragrances for
ENRD, P.O. Box 7611, Washington, DC
2:18–cv–00212–DBP. In a civil action those with multiple chemical
20044–7611.
filed on March 9, 2018, under Section Please enclose a check or money order sensitivities, NCD requests that all those
113(a) of the Clean Air Act, 42 U.S.C. for $ 15.25 (25 cents per page attending the meeting in person refrain
7413(a), the United States, on behalf of reproduction cost) payable to the United from wearing scented personal care
the Environmental Protection Agency, States Treasury. products such as perfumes, hairsprays,
daltland on DSKBBV9HB2PROD with NOTICES
alleged defendants Kinder Morgan and deodorants.
Altamont LLC and Colorado Interstate Robert Brook,
Dated: March 14, 2018.
Gas Company, L.L.C violated Section Assistant Section Chief, Environmental
Enforcement Section, Environment and Sharon M. Lisa Grubb,
112(r) of the Clean Air Act, 42 U.S.C.
7412(r), by failing to comply with the Natural Resources Division. Executive Director (Interim).
chemical accident prevention [FR Doc. 2018–05387 Filed 3–15–18; 8:45 am] [FR Doc. 2018–05547 Filed 3–14–18; 4:15 pm]
regulations at 40 CFR part 68. In the BILLING CODE 4410–15–P BILLING CODE 8421–03–P
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Document Created: 2018-03-16 01:11:54
Document Modified: 2018-03-16 01:11:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 11792 |
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