[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1231-1232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00546]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On January 8, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of Louisiana in the lawsuit entitled United States of America
v. Shell Offshore Inc., Civil Action No. 2:19-cv-122.
The Complaint in this Clean Water Act case was filed on behalf of
the United States Coast Guard against Shell Offshore Inc. concurrently
with the lodging of the proposed Consent Decree. The Complaint alleges
that Shell is civilly liable for violation of Section 311 of the Clean
Water Act (``CWA''), 33 U.S.C. 1321. The Complaint seeks civil
penalties and injunctive relief for the discharge of harmful quantities
of crude oil into the Gulf of Mexico. In the Complaint, the United
States alleges that Shell is liable under the Clean Water Act for the
crude oil spill that began on the night of May 11, 2016, at Shell's
Green Canyon Block 248 offshore production facility located 97 miles
offshore in the Gulf of Mexico. The Complaint alleges the spill began
when a 6-inch-diamater transfer pipeline at the sea floor cracked due
to stress on a joint in the line. Shell caused this added stress by
placing sediment and debris from other operations on top of the pipe,
which caused the pipe to settle into the sea bed. As a result of the
pipeline crack, approximately 1,900 barrels (approximately 80,000
gallons) of crude oil flowed into the ocean.
Under the Consent Decree, Shell is required to pay $2.2 million in
civil penalties. In addition, Shell commits to improve its leak-
detection training program across its operations in the Gulf of Mexico.
Since the spill, Shell has provided enhanced training to its control
room operators and subsea supervisors. Shell will now develop and
conduct refresher training that focuses on leak detection and includes
simulator-based exercises that incorporate conditions experienced
during the May 2016 spill.
The penalties and remedial measures required by the Consent Decree
are in addition to the costs the company has already incurred to clean
up the oil spill and compensate the public for injuries to natural
resources. In a separate settlement filed in July 2018 and approved by
the court in August, Shell agreed to pay a total of $3.871 million to
the United States and Louisiana for natural resource restoration
projects and to reimburse all of the state and federal trustees'
remaining unpaid past assessment costs related to the spill.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States of America v. Shell Offshore Inc.,
D.J. Ref. No. 90-5-1-1-11920/1. All comments must be submitted no later
than thirty (30) days after the publication date of this notice.
Comments may be submitted by either email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree 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 or money order for $6.00 (25 cents per
page reproduction
[[Page 1232]]
cost) payable to the United States Treasury.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-00546 Filed 1-31-19; 8:45 am]
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