[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Page 42111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19996]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree; Pursuant to the Clean Water 
Act and Comprehensive Environmental Response Compensation and Liability 
Act

    Notice is hereby given that on August 14, 2009, a proposed Consent 
Decree in United States v. Magellan Ammonia Pipeline et al., (D. Kan.), 
No. 02:09-cv-2425, was lodged with the United States Court for the 
District of Kansas.
    In this action, the United States sought the penalties and 
injunctive relief pursuant to sections 301 and 311 of the Clean Water 
Act, 33 U.S.C. 1311, 1321, and section 103 of the Comprehensive 
Environmental Response, Compensation, and Liability Act, 42 U.S.C. 
Sec.  9603, against Magellan Ammonia Pipeline, L.P. (``Magellan''), 
Enterprise Products Operating, L.P. (``Enterprise''), and Mid-America 
Pipeline Company, LLC (``MAPCO''). The Complaint alleges that two 
discharges of anhydrous ammonia occurred in Blair Nebraska on September 
27, 2004, and Kingman, Kansas on October 27, 2004, from an ammonia 
pipeline owned by Defendant Magellan and operated by Defendants 
Enterprise and MAPCO and that Defendants failed to report the 
discharges in a timely fashion to the National Response Center.
    Pursuant to the proposed Consent Decree, the Settling Defendants 
will pay to the United States $3,650,000 in penalties for the 
discharges and reporting inadequacies. Defendant Magellan, which now 
both owns and operates the ammonia pipeline, will undertake injunctive 
measures aimed at reducing the likelihood of such discharges in the 
future and at improving its detection of and response to such 
discharges if they do occur.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Magellan Ammonia Pipeline et al., (D. Kan.) No. 02:09-
cv-2425, D.J. Ref. 90-5-1-1-06074/2.
    During the public comment period, the Consent Decree may be 
examined at the Office of the United States Attorney, District of 
Kansas, 500 State Avenue, Suite 360, Kansas City, Kansas 66101. The 
Consent Decree may also be examined on the following Department of 
Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A 
copy of the Consent Decree may also be obtained by mail from the 
Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, 
Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia 
Fleetwood ([email protected]), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $9.50 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-19996 Filed 8-19-09; 8:45 am]
BILLING CODE 4410-15-P