[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17599-17600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06500]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act, the Oil Pollution Act of 1990, and the Pipeline Safety Laws

    On March 13, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Central 
District of California (``Court'') in the lawsuit entitled United 
States and the People of the State of California v. Plains All American 
Pipeline, L.P. et al., Civil Action No. 2:20-cv-02415 (C.D. Cal.). At 
the request of the public, the Department of Justice is extending the 
public comment period for an additional 30 days.
    The United States filed a Complaint against Plains All American 
Pipeline, L.P. and Plains Pipeline, L.P. (jointly, ``Plains'') arising 
out of Plains' violations of pipeline safety laws and liability for the 
May 19, 2015, discharge of approximately 2,934 barrels of crude oil 
from Plains' Line 901, located near Refugio State Beach and Santa 
Barbara, California. The Complaint seeks penalties, injunctive relief, 
and natural resource damages and assessment costs for the United 
States, on behalf of the United States Department of Transportation, 
Pipeline and Hazardous Materials Safety Administration; the United 
States Environmental Protection Agency; the United States Department of 
the Interior; the United States Department of Commerce, National 
Oceanic and Atmospheric Administration; and the United States Coast 
Guard. The United States' claims are brought, as applicable, under the 
Pipeline Safety Laws, 49 U.S.C. 60101 et seq.; the Clean Water Act, 33 
U.S.C. 1251 et seq.; and the Oil Pollution Act of 1990, 33 U.S.C. 2701 
et seq. The State of California is a co-plaintiff signatory to the 
Complaint under applicable State of California laws, and a signatory to 
the proposed Consent Decree, which also resolves certain State of 
California claims.
    The proposed Consent Decree requires Plains to: (1) Pay $24 million 
in penalties; (2) implement injunctive relief to improve Plains' 
nationwide pipeline system, in addition to modifying operations 
relating to the May 19, 2015, oil discharge from Plains' Line 901; and 
(3) pay $22.325 million in natural resource damages. Plains previously 
reimbursed the United States and the State of California approximately 
$10 million for natural resource damage assessment costs, and the 
United States approximately $4.26 million for removal or clean-up 
costs.
    Notice of lodging of the Consent Decree was originally published in 
the Federal Register on March 19, 2020. See 85 FR 15,815 (March 19, 
2020). The publication of the original notice opened a thirty (30) day 
period for public comment on the Consent Decree. The publication of the 
present notice extends the period for public comment on the Consent 
Decree until May 20, 2020.
    Comments should be addressed to the Assistant Attorney General,

[[Page 17600]]

Environment and Natural Resources Division, and should refer to United 
States and the People of the State of California v. Plains Pipeline, 
L.P. et al., D.J. Ref. No. 90-5-1-1-11340. All comments must be 
submitted no later than May 20, 2020. Comments may be submitted either 
by 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 lodged proposed Consent 
Decree may be examined and downloaded at this Justice Department 
website: https://www.usdoj.gov/enrd/consent-decrees.
    We will provide a paper copy of the 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 $25.50 (25 cents per page 
reproduction cost) payable to the United States Treasury, for a paper 
copy of the proposed Consent Decree.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-06500 Filed 3-27-20; 8:45 am]
 BILLING CODE 4410-15-P