[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1788-1789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01102]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On January 30, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Western
District of Louisiana in the lawsuit entitled United States of America
and Louisiana Department of Environmental Quality v. Sunoco Pipeline
L.P. and Mid-Valley Pipeline Company, Civil Action No. 5:19-cv-00107.
[[Page 1789]]
The Complaint in this Clean Water Act case was filed against Sunoco
Pipeline L.P. (Sunoco) and Mid-Valley Pipeline Company (Mid-Valley)
concurrently with the lodging of the proposed Consent Decree. The
Complaint alleges federal and state claims relating to three crude oil
spills: A 2013 spill of 550 barrels in Tyler County, Texas; a 2014
spill of approximately 4,500 barrels in Caddo Parish, near
Mooringsport; and a 2015 spill of 40 barrels in Grant County, Oklahoma.
The Texas spill affected Russell Creek, which flows to the Neches
River. The Louisiana spill--the largest of the three--flowed to Tete
Bayou, a tributary of Caddo Lake. The Oklahoma spill flowed into two
creeks that flow to the Arkansas River, affecting an area of about a
half a mile. All three spills resulted from pipeline corrosion. The
Complaint alleges violations of Sections 311(b) and 309(b) of the Clean
Water Act (CWA), 33 U.S.C. 1321(b) and 1319(b). In addition, the
Louisiana Department of Environmental Quality (LDEQ) alleges violations
of La. R.S. 30:2076(A)(1) and (A)(3), LAC 33:IX.501.A, LAC
33:IX.1701.B, Defendants' LPDES General Permit, and Louisiana
Administrative Code section LAC 33:I.3925.A.3. The Complaint seeks
civil penalties, state response costs, and injunctive relief for three
discharges of oil into navigable waters of the United States.
Under the proposed Consent Decree, Sunoco will pay $5 million in
civil penalties to the United States and $437,274.20 in civil penalties
and response costs to LDEQ. Additionally, Sunoco is required to take
actions to prevent future spills by identifying and remediating the
types of problems that caused the prior spills. This includes
performing pipeline inspections and repairing pipeline defects that
could lead to future spills. Sunoco is also required to take steps to
prevent and detect corrosion in pipeline segments that Sunoco in no
longer using. Mid-Valley, the owner of the pipeline that spilled oil in
Louisiana, is responsible, along with Sunoco, for payment of the civil
penalties and state response costs relating to the Louisiana 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 and Louisiana Department
of Environmental Quality v. Sunoco Pipeline L.P. and Mid-Valley
Pipeline Company, D.J. Ref. No. 90-5-1-1-11673. 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 $63.50 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the appendices and signature pages, the cost is $9.75.
Thomas Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-01102 Filed 2-4-19; 8:45 am]
BILLING CODE 4410-15-P