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)

[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