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, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11792-11793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05338]


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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.
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    \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.
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    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:

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            To submit comments:                     Send them to:
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By email..................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    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