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Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Notices
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0025; DS63610000
DR2PS0000.CH7000156D0102R2]
Agency Information Collection
Activities: Delegated and Cooperative
Activities With States and Indian
Tribes—OMB Control Number 1012–
0003; Comment Request
Office of Natural Resources
Revenue (ONRR), Interior.
ACTION: Notice of extension.
AGENCY:
To comply with the
Paperwork Reduction Act of 1995
(PRA), ONRR is inviting comments on a
collection of information requests that
we will submit to the Office of
Management and Budget (OMB) for
review and approval. This Information
Collection Request (ICR) covers the
paperwork requirements in the
regulations under title 30, Code of
Federal Regulations (CFR), part 1220.
DATES: Submit written comments on or
before April 6, 2015.
ADDRESSES: You may submit comments
on this ICR to ONRR by using one of the
following three methods (please
reference ‘‘ICR 1012–0003’’ in your
comments; ONRR will post all
comments):
1. Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
2011–0025’’ and then click ‘‘Search.’’
Follow the instructions to submit public
comments.
2. Mail comments to Mr. Luis Aguilar,
Regulatory Specialist, ONRR, P.O. Box
25165, MS 61030A, Denver, Colorado
80225–0165.
3. Hand-carry or mail comments,
using an overnight courier service, to
ONRR. Our courier address is Building
85, Room A–614, Denver Federal
Center, West 6th Ave. and Kipling St.,
Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Mr. Peter Hanley, State and Tribal
Support, ONRR, telephone (303) 231–
3721 or email at [email protected].
For other questions, contact Mr. Luis
Aguilar, telephone (303) 231–3418, or
email at [email protected]. You may
also contact Mr. Aguilar to obtain
copies, at no cost, of (1) the ICR, (2) any
associated form, and (3) the regulations
that require us to collect the
information.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
Title: 30 CFR parts 1227, 1228, and
1229, Delegated and Cooperative
Activities with States and Indian Tribes.
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OMB Control Number: 1012–0003.
Bureau Form Number: None.
Abstract: The Secretary of the Interior
is responsible for mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary is required by
various laws to manage mineral
resource production from Federal and
Indian lands and the OCS, collect the
royalties and other mineral revenues
due, and distribute the funds collected
in accordance with applicable laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
beneficiaries. ONRR performs the
minerals revenue management functions
for the Secretary and assists the
Secretary in carrying out the
Department’s trust responsibility for
Indian lands. Public laws pertaining to
mineral revenues are on our Web site at
http://www.onrr.gov/Laws_R_D/
PubLaws/default.htm.
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share in an amount or value of
production from the leased lands. The
regulations require the lessee to report
various kinds of information to the
lessor relative to the disposition of the
leased minerals. Such information is
generally available within the records of
the lessee or others involved in
developing, transporting, processing,
purchasing, or selling of such minerals.
The information ONRR collects includes
data necessary to ensure that the lessee
accurately values and appropriately
pays all royalties and other mineral
revenues due.
The Federal Oil and Gas Royalty
Management Act of 1982 (FOGRMA), as
amended by the Federal Oil and Gas
Royalty Simplification and Fairness Act
of 1996, sections 3, 4, and 8 for Federal
lands, authorizes the Secretary to
develop delegated and cooperative
agreements with states (sect. 205) and
Indian tribes (sect. 202) to carry out
certain inspection, auditing,
investigation, or limited enforcement
activities for oil and gas leases in their
jurisdiction. The states and Indian tribes
are working partners and are an integral
part of the overall onshore and offshore
compliance effort. The Appropriations
Act of 1992 also authorizes the states
and Indian tribes to perform the same
functions for coal and other solid
mineral leases.
This collection of information is
necessary in order for states and Indian
tribes to conduct audits and related
investigations of Federal and Indian oil,
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gas, coal, any other solid minerals, and
geothermal royalty revenues from
Federal and tribal leased lands. Relevant
parts of the regulations include 30 CFR
parts 1227, 1228, and 1229, as described
below:
Title 30 CFR part 1227—Delegation to
States, provides procedures to delegate
certain Federal minerals revenue
management functions to states for
Federal oil and gas leases. The
regulations provide only audit and
investigation functions to states for
Federal geothermal and solid mineral
leases, and leases subject to section 8(g)
of the OCS Lands Act, within their state
boundaries. To be considered for such
delegation, states must submit a written
proposal to ONRR, which ONRR must
approve. States also must provide
quarterly reimbursement vouchers and
reports concerning the activities under
the delegation to ONRR.
Title 30 CFR part 1228—Cooperative
Activities with States and Indian Tribes,
provides procedures for Indian tribes to
carry out audits and related
investigations of their respective leased
lands. Indian tribes must submit a
written proposal to ONRR in order to
enter into a cooperative agreement. The
proposal must outline the activities the
tribe will undertake and must present
evidence that the tribe can meet the
standards of the Secretary for the
activities to be conducted. The tribes
also must submit an annual work plan
and budget, as well as quarterly
reimbursement vouchers.
Title 30 CFR part 1229—Delegation to
States, provides procedures for states to
carry out audits and related
investigations of leased Indian lands
within their respective state boundaries,
by permission of the respective Indian
tribal councils or individual Indian
mineral owners. The state must receive
the Secretary’s delegation of authority
and submit annual audit work plans
detailing its audits and related
investigations, annual budgets, and
quarterly reimbursement vouchers. The
state also must maintain records.
The ONRR protects proprietary
information the states and tribes submit
under this collection. We do not collect
items of a sensitive nature. States and
tribes must respond in order to obtain
the benefit of entering into a cooperative
agreement with the Secretary.
Frequency of Response: Varies based
on the function performed.
Estimated Number and Description of
Respondents: 10 states and 6 Indian
tribes.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 12,919
hours.
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SECTION A.12 BURDEN BREAKDOWN
30 CFR section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual
burden
hours
Part 1227—Delegation To States
Delegation Proposals
1227.103; 107; 109; 110(a) and
(b)(1); 110 (c), (d), and (e);
111(a) and (b); 805.
What must a State’s delegation proposal contain?
If you want ONRR to delegate royalty management
functions to you, then you must submit a delegation
proposal to the ONRR Deputy Director. The ONRR
will provide you with technical assistance and information to help you prepare your delegation proposal
. . .
200
1
200
16
11
176
4
64
256
940
10
9,400
3
40
120
1
250
250
60
8
10
10
600
80
250
1
250
Delegation Process
1227.110(b)(2) ..............................
(b)(2) If you want to change the terms of your delegation agreement for the renewal period, you must submit a new delegation proposal under this part.
Existing Delegations
Compensation
1227.112(d) and (e) ......................
What compensation will a State receive to perform delegated functions?
You will receive compensation for your costs to perform
each delegated function subject to the following conditions . . .
(d) At a minimum, you must provide vouchers detailing
your expenditures quarterly during the fiscal year.
However, you may agree to provide vouchers on a
monthly basis in your delegation agreement . . .
(e) You must maintain adequate books and records to
support your vouchers . . .
States’ Responsibilities To Perform Delegated Functions
1227.200(a), (b), (c), and (d) ........
1227.200(e); 801(a); 804 ..............
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1227.200(f); 401(e); 601(d) ...........
1227.200(g); 301(e) ......................
1227.200(h) ...................................
1227.400(a)(4) and (a)(6); 401(d);
501(c).
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What are a State’s general responsibilities if it accepts a
delegation?
For each delegated function you perform, you must: (a)
. . . seek information or guidance from ONRR regarding new, complex, or unique issues . . .
(b)(1) . . . Provide complete disclosure of financial results of activities;
(2) Maintain correct and accurate records of all mineralrelated transactions and accounts;
(3) Maintain effective controls and accountability;
(4) Maintain a system of accounts . . .
(5) Maintain adequate royalty and production information . . .
(c) Assist ONRR in meeting the requirements of the
Government Performance and Results Act (GPRA)
. . .
(d) Maintain all records you obtain or create under your
delegated function, such as royalty reports, production reports, and other related information. . . . You
must maintain such records for at least 7 years . . .
(e) Provide reports to ONRR about your activities under
your delegated functions . . . At a minimum, you
must provide periodic statistical reports to ONRR
summarizing the activities you carried out . . .
(f) Assist ONRR in maintaining adequate reference, royalty, and production databases . . .
(g) Develop annual work plans . . .
(h) Help ONRR respond to requests for information from
other Federal agencies, Congress, and the public
. . .
What functions may a State perform in processing production reports or royalty reports?
Production reporters or royalty reporters provide production, sales, and royalty information on mineral production from leases that must be collected, analyzed, and
corrected.
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SECTION A.12 BURDEN BREAKDOWN—Continued
30 CFR section
Reporting and recordkeeping requirements
1227.400(c) ...................................
1227.601(c) ...................................
Hour burden
per response
(a) If you request delegation of either production report
or royalty report processing functions, you must perform . . .
(4) Timely transmitting production report or royalty report data to ONRR and other affected Federal agencies . . .
(6) Providing production data or royalty data to ONRR
and other affected Federal agencies . . .
(c) You must provide ONRR with a copy of any exceptions from reporting and payment requirements for
marginal properties and any alternative royalty and
payment requirements for unit agreements and
communitization agreements you approve.
What are a State’s responsibilities if it performs automated verification?
To perform automated verification of production reports
or royalty reports, you must . . .
(c) Maintain all documentation and logging procedures
. . .
Number of
annual
responses
Annual
burden
hours
12
1
12
10
1
10
........................
399
11,354
200
1
200
15
6
90
80
1
80
120
6
720
60
6
360
Performance Review
Subtotal Burden for 30 CFR Part 1227 ...........................
Part 1228—Cooperative Activities With States And Indian Tribes
Subpart C—Oil And Gas, Onshore
1228.100(a)
107(b).
and
(b);
101(c);
1228.101(a) ...................................
1228.101(d) ...................................
1228.103(a) and (b) ......................
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1228.105(a)(1) and (a)(2) .............
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Entering into an agreement .............................................
(a) . . . Indian tribe may request the Department to
enter into a cooperative agreement by sending a letter from . . . tribal chairman . . . to the Director of
ONRR
(b) The request for an agreement shall be in a format
prescribed by ONRR and should include at a minimum the following information:
(1) Type of eligible activities to be undertaken
(2) Proposed term of the agreement
(3) Evidence that . . . Indian tribe meets, or can
meet by the time the agreement is in effect . . .
(4) If the State is proposing to undertake activities on
Indian lands located within the State, a resolution from
the appropriate tribal council indicating their agreement
to delegate to the State responsibilities under the terms
of the cooperative agreement for activities to be conducted on tribal or allotted land
Terms of agreement .........................................................
(a) Agreements entered into under this part shall be
valid for a period of 3 years and shall be renewable
. . . upon request of . . . Indian tribe . . .
(d) . . . Indian tribe will be given 60 days to respond to
the notice of deficiencies and to provide a plan for
correction of those deficiencies . . .
Maintenance of records ...................................................
(a) . . . Indian tribe entering into a cooperative agreement under this part must retain all records, reports,
working papers, and any backup materials . . .
(b) . . . Indian tribe shall maintain all books and
records . . .
Funding of cooperative agreements ................................
(a)(1) The Department may, under the terms of the cooperative agreement, reimburse . . . Indian tribe up
to 100 percent of the costs of eligible activities. Eligible activities will be agreed upon annually upon the
submission and approval of a work plan and funding
requirement
(2) A cooperative agreement may be entered into with
. . . Indian tribe, upon request, without a requirement
for reimbursement of costs by the Department
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SECTION A.12 BURDEN BREAKDOWN—Continued
Hour burden
per response
Number of
annual
responses
Annual
burden
hours
30 CFR section
Reporting and recordkeeping requirements
1228.105(c) ...................................
(c) . . . Indian tribe shall submit a voucher for reimbursement of eligible costs incurred within 30 days of
the end of each calendar quarter. . . . Indian tribe
must provide the Department a summary of costs incurred, for which . . . Indian tribe is seeking reimbursement, with the voucher
4
24
96
Subtotal Burden for 30 CFR Part 1228 ...........................
........................
44
1,546
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Part 1229—Delegation To States
Subpart C—Oil And Gas, Onshore
Administration Of Delegations
1229.100(a)(1) and (a)(2) .............
1229.101(a) and (d) ......................
1229.102(c) ...................................
1229.103(c) ...................................
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1229.105 .......................................
1229.106 .......................................
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Authorities and responsibilities subject to delegation ......
(a) All or part of the following authorities and responsibilities of the Secretary under the Act may be delegated to a State authority:
(1) Conduct of audits related to oil and gas royalty
payments made to the ONRR which are attributable to
leased . . . Indian lands within the State. Delegations
with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee.
(2) Conduct of investigation related to oil and gas royalty payments made to the ONRR which are attributable
to . . . Indian lands within the State. Delegation with respect to any Indian lands require the written permission,
subject to the review of the ONRR, of the affected Indian tribe or allottee. No investigation will be initiated
without the specific approval of the ONRR . . .
Petition for delegation ......................................................
(a) The governor or other authorized official of any
State which contains . . . Indian oil and gas leases
where the Indian tribe and allottees have given the
State an affirmative indication of their desire for the
State to undertake certain royalty management-related activities on their lands, may petition the Secretary to assume responsibilities to conduct audits
and related investigations of royalty related matters
affecting . . . Indian oil and gas leases within the
State . . .
(d) In the event that the Secretary denies the petition,
the Secretary must provide the State with the specific
reasons for denial of the petition. The State will then
have 60 days to either contest or correct specific deficiencies and to reapply for a delegation of authority.
Fact-finding and hearings ................................................
(c) A State petitioning for a delegation of authority shall
be given the opportunity to present testimony at a
public hearing.
Duration of delegations; termination of delegations ........
(c) A State may terminate a delegation of authority by
giving a 120-day written notice of intent to terminate
Evidence of Indian agreement to delegation.
In the case of a State seeking a delegation of authority
for Indian lands . . . the State petition to the Secretary must be supported by an appropriate resolution
or resolutions of tribal councils joining the State in petitioning for delegation and evidence of the agreement
of individual Indian allottees whose lands would be involved in a delegation. Such evidence shall specifically speak to having the State assume delegated responsibility for specific functions related to royalty
management activities.
Withdrawal of Indian lands from delegated authority
If at any time an Indian tribe or an individual Indian allottee determines that it wishes to withdraw from the
State delegation of authority in relation to its lands, it
may do so by sending a petition of withdrawal to the
State . . .
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SECTION A.12 BURDEN BREAKDOWN—Continued
30 CFR section
Reporting and recordkeeping requirements
1229.109(a) ...................................
Reimbursement for costs incurred by a State under the
delegation of authority.
(a) The Department of the Interior (DOI) shall reimburse
the State for 100 percent of the direct cost associated
with the activities undertaken under the delegation of
authority. The State shall maintain books and records
in accordance with the standards established by the
DOI and will provide the DOI, on a quarterly basis, a
summary of costs incurred . . .
(b) The State shall submit a voucher for reimbursement
of costs incurred within 30 days of the end of each
calendar quarter.
1229.109(b) ...................................
Hour burden
per response
Number of
annual
responses
Annual
burden
hours
1
1
1
1
4
........................
1
1
1
1
1
1
1
1
1
1
1
1
Delegation Requirements
1229.120 .......................................
1229.121 .......................................
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1229.122 .......................................
1229.123 (b)(3)(i) ..........................
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Obtaining regulatory and policy guidance .......................
All activities performed by a State under a delegation
must be in full accord with all Federal laws, rules and
regulations, and Secretarial and agency determinations and orders relating to the calculation, reporting,
and payment of oil and gas royalties. In those cases
when guidance or interpretations are necessary, the
State will direct written requests for such guidance or
interpretation to the appropriate ONRR officials . . .
Recordkeeping requirements ...........................................
(a) The State shall maintain in a safe and secure manner all records, work papers, reports, and correspondence gained or developed as a consequence of audit
or investigative activities conducted under the delegation . . .
(b) The State must maintain in a confidential manner all
data obtained from DOI sources or from payor or
company sources under the delegation . . .
(c) All records subject to the requirements of paragraph
(a) must be maintained for a 6-year period measured
from the end of the calendar year in which the
records were created . . . Upon termination of a delegation, the State shall, within 90 days from the date
of termination, assemble all records specified in subsection (a), complete all working paper files in accordance with § 229.124, and transfer such records to the
ONRR.
(d) The State shall maintain complete cost records for
the delegation in accordance with generally accepted
accounting principles . . .
Coordination of audit activities .........................................
(a) Each State with a delegation of authority shall submit annually to the ONRR an audit work plan specifically identifying leases, resources, companies, and
payors scheduled for audit . . . A State may request
changes to its work plan . . . at the end of each
quarter of each fiscal year. All requested changes are
subject to approval by the ONRR and must be submitted in writing.
(b) When a State plans to audit leases of a lessee or
royalty payor for which there is an ONRR or OIG resident audit team, all audit activities must be coordinated through the ONRR or OIG resident supervisor
. . .
(c) The State shall consult with the ONRR and/or OIG
regarding resolution of any coordination problems encountered during the conduct of delegation activities.
Standards for audit activities ............................................
(b)(3) Standards of reporting. (i) Written audit reports
are to be submitted to the appropriate ONRR officials
at the end of each field examination.
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SECTION A.12 BURDEN BREAKDOWN—Continued
Number of
annual
responses
Annual
burden
hours
Reporting and recordkeeping requirements
1229.124 .......................................
Documentation standards ................................................
Every audit performed by a State under a delegation of
authority must meet certain documentation standards.
In particular, detailed work papers must be developed
and maintained.
Preparation and issuance of enforcement documents ....
(a) Determinations of additional royalties due resulting
from audit activities conducted under a delegation of
authority must be formally communicated by the
State, to the companies or other payors by an issue
letter prior to any enforcement action . . .
(b) After evaluating the company or payor’s response to
the issue letter, the State shall draft a demand letter
which will be submitted with supporting work paper
files to the ONRR for appropriate enforcement action.
Any substantive revisions to the demand letter will be
discussed with the State prior to issuance of the letter
. . .
Appeals ............................................................................
(a) . . . The State regulatory authority shall, upon the
request of the ONRR, provide competent and knowledgeable staff for testimony, as well as any required
documentation and analyses, in support of the lessor’s position during the appeal process.
(b) An affected State, upon the request of the ONRR,
shall provide expert witnesses from their audit staff
for testimony as well as required documentation and
analyses to support the Department’s position during
the litigation of court cases arising from denied appeals . . .
Reports from States
The State, acting under the authority of the Secretarial
delegation, shall submit quarterly reports which will
summarize activities carried out by the State during
the preceding quarter of the year under the provisions
of the delegation . . .
1
1
1
1
1
1
1
1
1
1
1
1
Subtotal Burden for 30 CFR Part 229 .............................
........................
19
19
...........................................................................................
........................
462
12,919
1229.125(a) and (b) ......................
1229.126(a) and (b) ......................
1229.127 .......................................
TOTAL BURDEN ............
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Hour burden
per response
30 CFR section
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR and
paragraph:
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’
Burden: We have identified no ‘‘nonhour cost’’ burden associated with this
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA section 3506(c)(2)(A)
requires each agency to ‘‘* * * provide
60-day notice in the Federal Register
* * * and otherwise consult with
members of the public and affected
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agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or recordkeepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
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and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
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as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. We also will post the ICR
on our Web site at http://www.onrr.gov/
Laws_R_D/FRNotices/ICR0087.htm.
Public Comment Policy: ONRR will
post all comments, including names and
addresses of respondents at http://
www.regulations.gov. Before including
Personally Identifiable Information (PII),
such as address, phone number, email
address, or other personal information
in your comment(s), you should be
aware that your entire comment(s)
(including PII) may be made available to
the public at any time. While you may
ask us, in your comment(s), to withhold
PII from public view, we cannot
guarantee that we will be able to do so.
Dated: January 28, 2015.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2015–02232 Filed 2–4–15; 8:45 am]
Effective
November 13, 2014, the Commission
established a schedule for the conduct
of the subject full five-year reviews (79
FR 69127, November 20, 2014). The
Commission is revising its schedule.
The Commission’s new schedule for
the reviews is as follows: Requests to
appear at the hearing must be filed with
the Secretary to the Commission not
later than March 4, 2015; the prehearing
conference, if needed, will be held on
March 5, 2015; the deadline for filing
prehearing briefs is March 3, 2015; the
hearing will be held at the U.S.
International Trade Commission
Building at 9:30 a.m. on March 10, 2015;
the deadline for filing posthearing briefs
is March 18, 2015; the Commission will
make its final release of information on
April 21, 2015; and final party
comments are due on April 23, 2015.
For further information concerning
these reviews see the Commission’s
notice cited above and the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
SUPPLEMENTARY INFORMATION:
Authority: These reviews are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.62 of the
Commission’s rules.
BILLING CODE 4335–30–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1014, 1016, and
1017 (Second Review)]
Polyvinyl Alcohol From China, Japan,
and Korea: Revised Schedule for Full
Five-Year Reviews
United States International
Trade Commission.
ACTION: Notice.
By order of the Commission.
Issued: February 2, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–02286 Filed 2–4–15; 8:45 am]
BILLING CODE 7020–02–P
AGENCY:
DATES:
DEPARTMENT OF JUSTICE
Effective Date: January 28, 2015.
rljohnson on DSK3VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (http://
www.usitc.gov). The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at http://edis.usitc.gov.
VerDate Sep<11>2014
14:46 Feb 04, 2015
Jkt 235001
Notice of Lodging of Proposed First
Amendment to Consent Decree Under
the Clean Air Act
On January 30, 2015, the Department
of Justice lodged a proposed First
Amendment to Consent Decree (‘‘First
Amendment’’) with the United States
District Court for the Central District of
Illinois in the lawsuit entitled United
States et al. v. Archer Daniels Midland
Company, Civil Action No. 03–2066
HAB.
The First Amendment modifies the
Consent Decree in this case, which
resolved the claims alleged by the
United States and Plaintiff-Interveners
for violations of the Clean Air Act,
including 42 U.S.C. 7470–7492 and
certain implementing federal and state
regulations at 52 seed and grain
processing plants of the Defendant,
Archer Daniels Midland Company
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
(‘‘ADM’’), located in 11 states. Certain
issues involving the implementation
and compliance with emissions limits
for volatile organic compounds (‘‘VOC’’)
have arisen with respect to ADM’s
plants in Marshall, Minnesota and
Columbus, Nebraska. Under the Consent
Decree, ADM will perform a substitute
project to reduce pollutants at the
Marshall, Minnesota plant (the
replacement of two coal-fired boilers
with a natural gas boiler), and will be
responsible for an offset of VOC
emissions at a facility owned by
Malnove Incorporated of Nebraska,
located in Omaha, Nebraska (the
removal of a high-VOC emitting
rotogravure printing press and its
replacement with a replacement lowVOC emitting press, or no replacement
at all). At the time of lodging, the
replacement of the two coal-fired boilers
at the Marshall, Minnesota facility and
the dismantling of the rotogravure
printing press have already been
accomplished.
In addition, the First Amendment
modifies the original Consent Decree by
allowing partial terminations of the
Consent Decree for those ADM facilities
that have completed all of the
compliance obligations set forth in the
Consent Decree. The parties have agreed
that ADM has met all Consent Decree
requirements for each of the facilities
listed in Appendix A to the Consent
Decree, and as such the Consent Decree
will be terminated in part as to those
facilities.
The publication of this notice opens
a period for public comment on the First
Amendment. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States et al. v. Archer Daniels
Midland Company, D.J. Ref. No. 90–5–
2–1–2035/2. 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:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the First Amendment may be examined
and downloaded at this Justice
Department Web site: http://
www.usdoj.gov/enrd/Consent_
Decrees.html. We will provide a paper
copy of the First Amendment upon
E:\FR\FM\05FEN1.SGM
05FEN1
| File Type | application/pdf |
| File Modified | 2015-02-05 |
| File Created | 2015-02-05 |