[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:
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To submit comments: Send them to:
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By e-mail................................. [email protected]
By mail................................... Assistant Attorney General,
U.S. DOJ--ENRD, P.O. Box
7611, Washington, D.C.
20044-7611.
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During the public comment period, the First Modification may be
examined and downloaded at this Department of Justice website: http://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