[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Page 7182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3092]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act 
(``CWA'')

    Notice is hereby given that on February 6, 2012 a proposed Consent 
Decree (``Decree'') in United States v. Union Pacific Railroad Company 
(``UP''), Civil Action No. 1:12-cv-00284-REB was lodged with the United 
States District Court for the District of Colorado.
    In this action the United States on behalf of the Environmental 
Protection Agency (``EPA'') filed a complaint against Union Pacific 
Railroad Company seeking permanent injunctive relief and civil 
penalties under the Clean Water Act (``CWA''), 33 U.S.C. 1251-1387, 
resulting from unauthorized discharge of oil and coal from railcars and 
locomotives it owned and operated in Colorado, Utah, and Wyoming into 
the waters of the United States or adjoining shorelines, the failure to 
comply with Spill Prevention, Control and Countermeasure (``SPCC'') and 
Facility Response Plan (``FRP'') regulations issued under Section 
311(j) of the CWA, 33 U.S.C. 1321(j), at railyards it owns and operates 
in the Colorado, Utah and Wyoming, and the failure to comply with CWA 
storm water discharge permits for railyards it owns and operates in 
Utah.
    The Decree requires that within sixty (60) days upon the Effective 
Date, the Defendant shall provide documentation to EPA demonstrating 
that the SPCC Plan deficiencies alleged in the Complaint have been 
corrected. It also requires Defendant to perform various compliance 
projects related to its SPCC violations at railyards in Colorado, Utah 
and Wyoming pursuant to an expeditious schedule. Defendant must also 
correct deficiencies in its FRP at the Rawlins, Wyoming railyard, and 
conduct monitoring at all railyards to ensure SPCC and FRP compliance. 
In addition, the Decree requires the Defendant to pay within thirty 
(30) days the sum of $1.5 million as a civil penalty, together with 
interest accruing from the date on which the Consent Decree is lodged 
with the court.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, or emailed to 
[email protected]. The comments should refer to United 
States v. Union Pacific Railroad Company, D.J. Ref. 90-5-1-1-09194.
    During the public comment period, the Decree may be examined on the 
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decree.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 emailing a 
request to ``Consent Decree Copy'' [email protected], fax number 
202-514-0097, phone confirmation number: 202-514-5271. If requesting a 
copy from the Consent Decree Library by mail, please enclose a check in 
the amount of $10.00 (.25 cents per page reproduction cost) payable to 
the U.S. Treasury or, if requesting by email or fax, please forward a 
check in that amount to the Consent Decree Library at the address given 
above.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-3092 Filed 2-9-12; 8:45 am]
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