83_FR_50137 83 FR 49945 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

83 FR 49945 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49945-49946
FR Document2018-21484

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018) 
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49945-49946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21484]


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DEPARTMENT OF JUSTICE


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

    On September 27, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Northern 
District of Iowa in the lawsuit entitled United States v. NGL Crude 
Logistics, LLC, Civil Action No. 2:16-cv-01038-LRR.
    The United States filed this lawsuit under the Clean Air Act's 
Renewable Fuel Standard program. The United States' Complaint names NGL 
Crude Logistics, LLC (f/k/a Gavilon, LLC) and Western Dubuque 
Biodiesel, LLC as defendants. The Court entered a settlement resolving 
the United States' claims against Western Dubuque Biodiesel, LLC on 
April 11, 2017. The United States' Complaint seeks retirement of 
approximately 36 million Renewable Identification Numbers (RINs) and 
civil penalties.
    The Complaint alleges that NGL Crude Logistics, LLC (1) failed to 
retire approximately 36 million RINs associated with biodiesel NGL 
Crude Logistics, LLC sold to Western Dubuque Biodiesel, LLC for use as 
material to create renewable fuel (feedstock); (2) caused Western 
Dubuque Biodiesel, LLC to commit prohibited acts under the Renewable 
Fuel Standard program; and (3) transferred approximately 36 million 
invalid RINs to third parties. The United States District Court for the 
Northern District of Iowa found NGL liable for these violations on July 
3, 2018.
    The proposed Consent Decree requires NGL Crude Logistics, LLC to 
pay a $25 million civil penalty and to purchase and retire 36 million 
RINs to resolve the civil claims alleged in the Complaint against NGL 
Crude Logistics, LLC through the date of lodging.
    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. NGL Crude Logistics, LLC, D.J. Ref. 
No. 90-5-2-1-11163. 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:

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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 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.

[[Page 49946]]

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 $6.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-21484 Filed 10-2-18; 8:45 am]
 BILLING CODE 4410-15-P

Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices 49945 and Budget, Office of Information and ensures such cooperation by requiring States v. NGL Crude Logistics, LLC, Civil Regulatory Affairs, Attention that all such ‘‘equitably shared’’ funds Action No. 2:16–cv–01038–LRR. Department of Justice Desk Officer, be used only for law enforcement The United States filed this lawsuit Washington, DC 20503 or sent to OIRA_ purposes and not be distributed to other under the Clean Air Act’s Renewable submissions@omb.eop.gov. governmental agencies by the recipient Fuel Standard program. The United SUPPLEMENTARY INFORMATION: This law enforcement agencies. By requiring States’ Complaint names NGL Crude process is conducted in accordance with that law enforcement agencies that Logistics, LLC (f/k/a Gavilon, LLC) and 5 CFR 1320.10. Written comments and participate in the Equitable Sharing Western Dubuque Biodiesel, LLC as suggestions from the public and affected Program (Program) file an Equitable defendants. The Court entered a agencies concerning the proposed Sharing Agreement and Certification settlement resolving the United States’ collection of information are (ESAC), MLARS can readily ensure claims against Western Dubuque encouraged. Your comments should compliance with its statutory Biodiesel, LLC on April 11, 2017. The address one or more of the following obligations. United States’ Complaint seeks four points: The ESAC requires information retirement of approximately 36 million regarding the receipt and expenditure of Renewable Identification Numbers —Evaluate whether the proposed (RINs) and civil penalties. collection of information is necessary Program funds from the participating agency. Accordingly, it seeks The Complaint alleges that NGL for the proper performance of the Crude Logistics, LLC (1) failed to retire functions of the Bureau of Justice information that is exclusively in the hands of the participating agency. approximately 36 million RINs Statistics, including whether the associated with biodiesel NGL Crude information will have practical utility; 5. An Estimate of the Total Number of Logistics, LLC sold to Western Dubuque —Evaluate the accuracy of the agency’s Respondents and the Amount of Time Biodiesel, LLC for use as material to estimate of the burden of the Estimated for an Average Respondent to create renewable fuel (feedstock); (2) proposed collection of information, Respond: An estimated 6,900 state and caused Western Dubuque Biodiesel, LLC including the validity of the local law enforcement agencies to commit prohibited acts under the methodology and assumptions used; electronically file the ESAC annually Renewable Fuel Standard program; and —Evaluate whether and if so how the with MLARS. It is estimated that it takes (3) transferred approximately 36 million quality, utility, and clarity of the 30 minutes per year to enter the invalid RINs to third parties. The United information to be collected can be information. All of the approximately States District Court for the Northern enhanced; and 6,500 agencies must fully complete the District of Iowa found NGL liable for —Minimize the burden of the collection form each year to maintain compliance these violations on July 3, 2018. of information on those who are to and continue participation in the The proposed Consent Decree respond, including through the use of Department of Justice Equitable Sharing requires NGL Crude Logistics, LLC to appropriate automated, electronic, Program. pay a $25 million civil penalty and to mechanical, or other technological 6. An Estimate of the Total Public purchase and retire 36 million RINs to collection techniques or other forms Burden (in hours) Associated With the resolve the civil claims alleged in the of information technology, e.g., Collection: The estimated public burden Complaint against NGL Crude Logistics, permitting electronic submission of associated with this collection is 3,250 LLC through the date of lodging. responses. hours. It is estimated that respondents The publication of this notice opens will take 30 minutes to complete the a period for public comment on the Overview of This Information form. (6,500 participants × 30 minutes = Collection consent decree. Comments should be 3,250 hours). addressed to the Assistant Attorney 1. Type of Information Collection: If additional information is required General, Environment and Natural Update with changes, of the Department contact: Melody Braswell, Department Resources Division, and should refer to of Justice Equitable Sharing Agreement Clearance Officer, United States United States v. NGL Crude Logistics, and Certification, a previously approved Department of Justice, Justice LLC, D.J. Ref. No. 90–5–2–1–11163. All collection for which approval will Management Division, Policy and comments must be submitted no later expire on November 30, 2018. Planning Staff, Two Constitution than thirty (30) days after the 2. The Title of the Form/Collection: Square, 145 N Street NE, 3E.405B, publication date of this notice. Department of Justice Equitable Sharing Washington, DC 20530. Comments may be submitted either by Agreement and Certification. Dated: September 28, 2018. email or by mail: 3. The Agency Form Number, if any, Melody Braswell, and the Applicable Component of the To submit Department Clearance Officer for PRA, U.S. Send them to: Department Sponsoring the Collection: comments: Department of Justice. There is not an agency form number. [FR Doc. 2018–21528 Filed 10–2–18; 8:45 am] By email ....... pubcomment-ees.enrd@ The applicable component within the BILLING CODE 4410–14–P usdoj.gov. Department of Justice is the Money By mail ......... Assistant Attorney General, Laundering and Asset Recovery Section U.S. DOJ—ENRD, P.O. (‘‘MLARS’’), in the Criminal Division. Box 7611, Washington, DC DEPARTMENT OF JUSTICE 4. Affected Public Who Will Be Asked 20044–7611. or Required to Respond, as Well as a Notice of Lodging of Proposed Brief Abstract: The Attorney General is Consent Decree Under the Clean Air During the public comment period, daltland on DSKBBV9HB2PROD with NOTICES required by statute to ‘‘assure that any Act the consent decree may be examined property transferred to a State or local and downloaded at this Justice law enforcement agency . . . will serve On September 27, 2018, the Department website: https:// to encourage further cooperation Department of Justice lodged a proposed www.justice.gov/enrd/consent-decrees. between the recipient State or local Consent Decree with the United States We will provide a paper copy of the agency and Federal law enforcement District Court for the Northern District consent decree upon written request agencies.’’ 21 U.S.C. 881(e)(3). MLARS of Iowa in the lawsuit entitled United and payment of reproduction costs. VerDate Sep<11>2014 18:05 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1

49946 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices Please mail your request and payment determination has been made that any compensation for any individual (or a to: Consent Decree Library, U.S. DOJ— changes to VCF policies and procedures personal representative of a deceased ENRD, P.O. Box 7611, Washington, DC are necessary at this time. Instead, the individual) who suffered physical harm 20044–7611. Special Master will reassess the or was killed as a result of the terrorist- Please enclose a check or money order available funds and VCF policies and related aircraft crashes of September 11, for $6.75 (25 cents per page procedures as required by law in early 2001, or the debris removal efforts that reproduction cost) payable to the United 2019 with data as of December 31, 2018. took place in the immediate aftermath of States Treasury. In the event that the Special Master those crashes. The original VCF (‘‘VCF determines, at that time, that VCF I’’) operated from 2001–2004 under the Robert Brook, policies and procedures need to be direction of Special Master Kenneth Assistant Section Chief, Environmental changed, then suggestions made in Feinberg, and distributed over $7 Enforcement Section, Environment and billion. VCF I concluded operations in Natural Resources Division. response to this Notice of Inquiry will be considered. Any changes to policy June 2004. [FR Doc. 2018–21484 Filed 10–2–18; 8:45 am] On January 2, 2011, the President made as a result of the required BILLING CODE 4410–15–P statutory reassessment completed with signed into law the Zadroga Act. Title data as of December 31, 2018, will be II of the Zadroga Act reactivated the effective only as to claims filed after VCF, expanded its pool of eligible DEPARTMENT OF JUSTICE claimants, and appropriated $2.775 February 1, 2019, or such other date as [Docket No. CIV 154] the Special Master shall announce. billion for the operation of the VCF. DATES: Comments must be received on Pursuant to the Zadroga Act, the VCF re- September 11th Victim Compensation opened in October 2011 and was or before December 3, 2018. The Fund: Compensation of Claims authorized to accept claims for a period electronic Federal Docket Management System (FDMS) will accept comments of five years, ending in October 2016, Department of Justice (DOJ). AGENCY: with a final year for processing and Notice of inquiry; request for ACTION: until midnight Eastern Time at the end paying claims until October 2017. On comment. of that day. December 18, 2015, the President signed ADDRESSES: To access and review all the into law the Reauthorization Act. The SUMMARY: Under the James Zadroga 9/11 documents related to the information Reauthorization Act extended the VCF Victim Compensation Fund listed in this notice, please use http:// for an additional five years, allowing Reauthorization Act, Public Law 114– www.regulations.gov by searching the individuals to submit claims until 113 (December 18, 2015) Docket ID number CIV–154. December 18, 2020, and appropriated an (‘‘Reauthorization Act’’), the Special To avoid confusion with incoming additional $4.6 billion. The VCF is Master for the September 11th Victim mail vital to the processing of VCF administered by a Special Master Compensation Fund (‘‘VCF’’) is required claims, commenters are strongly appointed by the Attorney General. to periodically reassess VCF policies encouraged to submit comments The Zadroga Act, as amended, and procedures to ensure that (1) the electronically. Comments submitted in authorizes the Special Master to VCF prioritizes compensation to those response to this notice should be determine claims based on the harm to claimants who suffer with the most submitted by either of the following the claimant, the facts of the claim, and debilitating conditions, and (2) the VCF methods: the individual circumstances of the does not exceed the amount of available • Internet: Via the Federal claimant. The Special Master has appropriated funds. Current projections, eRulemaking Portal at http:// promulgated regulations governing the using data as of August 31, 2018, and at www.regulations.gov. Follow determination of claims, which are the current rate of disbursal, suggest a instructions for sending comments by published at 28 CFR part 104. The VCF possibility that the funds that have been selecting the Docket ID number. also maintains a website, www.vcf.gov, appropriated to compensate claimants • By mail: Addressed to September which provides information to the pursuant to the James Zadroga 9/11 11th Victim Compensation Fund, Civil public concerning the operation of the Health and Compensation Act of 2010 Division, U.S. Department of Justice, Fund and instructions to potential (‘‘Zadroga Act’’), Public Law 111–347 290 Broadway, Suite 1300, New York, claimants regarding application (January 2, 2011), as amended by the New York 10007. To ensure proper procedures, including a substantial Reauthorization Act, may be insufficient handling, please reference Docket CIV– Policies and Procedures document that to compensate all claims (including 154 on your correspondence. includes information on eligibility those filed and those anticipated to be Please note that comments submitted criteria, the methodology used to filed) under the current policies and by fax, email, or mail sent to any calculate economic and non-economic procedures guiding the calculation of address other than the one above, and loss, payment procedures, appeals and awards. In an abundance of caution, those submitted after the comment hearings, claims for deceased therefore, and in fulfillment of her period ends, will not be accepted. individuals, and information for statutory responsibility to conduct FOR FURTHER INFORMATION CONTACT: For claimants who are represented by an periodic reassessments of VCF policies specific questions about this Notice, attorney. The VCF’s Sixth Annual Status and procedures under the Act, the please contact Sally Flynn, Chief of Staff Report and Second Annual Special Master issues this Notice of to the Special Master, September 11th Reassessment of Policies and Inquiry to seek public comments on Victim Compensation Fund, 855–885– Procedures was published on February how the remaining funds might be 1555 (TTY 855–885–1558). 13, 2018, and monthly progress daltland on DSKBBV9HB2PROD with NOTICES allocated in a fair and equitable manner SUPPLEMENTARY INFORMATION: statistics are published on the website. to claims and amendments that have not The original amount appropriated to yet been determined, with priority Background fund claims filed pursuant to the given, as the Reauthorization Act The VCF was originally created by Zadroga Act and to pay the cost of requires, to those claimants with the Public Law 107–42 (September 22, operating the VCF was $2.775 billion. most debilitating conditions. This is a 2001), as amended by Public Law 107– The Reauthorization Act appropriated request for information only. No 71 (November 19, 2001), to provide an additional amount of $4.6 billion, for VerDate Sep<11>2014 18:05 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\03OCN1.SGM 03OCN1


Document Created: 2018-10-03 02:29:58
Document Modified: 2018-10-03 02:29:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 49945 
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