[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