[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Page 49949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20116]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under The Clean Water Act

    Notice is hereby given that on August 10, 2010, a proposed Consent 
Decree in United States v. Plains All American Pipeline, L.P., et al., 
(Civil No. 4:10-cv-2833), was lodged with the United States District 
Court for the Southern District of Texas.
    In this action, the United States alleges civil claims under the 
Clean Water Act (``CWA''), 33 U.S.C. 1251 et seq., against Plains All 
American Pipeline, L.P. and several of its operating subsidiaries 
(collectively referred to as ``Plains'') for ten unauthorized 
discharges of crude oil into navigable waters of the United States or 
adjoining shorelines in the states of Texas, Oklahoma, Louisiana, and 
Kansas. These discharges occurred between June 2004 and September 2007. 
The United States sought civil penalties under 33 U.S.C. 1321(b)(7)(A) 
and injunctive relief under 33 U.S.C. 1319(b) against Plains.
    Under the proposed Consent Decree, Plains will perform injunctive 
relief on approximately 10,000 miles of crude oil pipeline to: (1) 
Prevent and mitigate the effects of pipeline corrosion, (2) improve 
pipeline operation and integrity management practices, and (3) enhance 
leak detection capabilities and practices. The Consent Decree also 
mandates design-capacity and secondary containment requirements for 
certain breakout tanks.
    Plains will also pay a civil penalty to the United States in the 
amount of $3,250,000.
    The Department of Justice will receive comments relating to the 
Consent Decree for a period of thirty (30) days from the date of this 
publication. 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. Plains All American Pipeline, L.P., et al., Civil 
Action No. 4:10-cv-2833 (S.D. Tex.), and D.J. Ref. 90-5-1-1-08698.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Texas, 919 Milam, Suite 1500, 
Houston, TX 77208, at U.S. EPA Region 7, 901 N. 5th Street, Kansas 
City, KS 66101, and at U.S. EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202. During the public comment period, 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 by mail, from the Consent 
Decree Library, please enclose a check in the amount of $12.50 (25 
cents per page reproduction cost) for the Consent Decree payable to the 
U.S. Treasury.

Maureen L. Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-20116 Filed 8-13-10; 8:45 am]
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