[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2100-2101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-592]


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DEPARTMENT OF JUSTICE


Notice of Public Comment Period for Proposed Clean Water Act 
Consent Decree

    Notice is hereby given that, for a period of 30 days, the United 
States will receive public comments on a proposed Consent Decree in 
United States v. Explorer Pipeline Company (``Explorer Consent 
Decree'') (Civil Action No. 4:08-cv-2944), which was lodged with the 
United States District Court for the Southern District of Texas on 
January 8, 2009.
    The Complaint in this Clean Water Act case was filed against 
Explorer Pipeline Company on October 2, 2008. The Complaint alleges 
that Explorer is civilly liable for violation of the Clean Water Act 
(``CWA''), 33 U.S.C. 1251 et seq., as amended by the Oil Pollution Act 
of 1990 (``OPA''), 33 U.S.C. 2701 et seq. The Complaint seeks civil 
penalties for the discharge of jet fuel into navigable waters of the 
United States or adjoining shorelines from Explorer's 28-inch 
interstate refined petroleum products pipeline near Huntsville, Walker 
County, Texas, on July 14, 2007. The Complaint alleges that at least 
6,568 barrels of jet fuel were discharged from the pipeline during the 
spill event. Under the settlement, Explorer will pay a civil penalty of 
$3,300,000. In earlier responses to the spill, Explorer replaced the 
section of pipe that ruptured and completed cleanup of the impacted 
waters and adjoining shorelines. In addition, Explorer is cooperating 
in a joint federal and state natural resource damage assessment and is 
performing additional pipeline assessment and followup work under a 
Corrective Action Order issued by the United States Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration.
    Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and may be submitted to: 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, 
or via e-mail to <a href="/cdn-cgi/l/email-protection#97e7e2f5f4f8fafaf2f9e3baf2f2e4b9f2f9e5f3d7e2e4f3f8fdb9f0f8e1"><span class="__cf_email__" data-cfemail="f0808592939f9d9d959e84dd959583de959e8294b08583949f9ade979f86">[email protected]</span></a>, and should refer to 
United States v. Explorer Pipeline Company, D.J. Ref. 90-5-1-1-07276/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Southern District of Texas, 919 Milam Street, Suite 
1500, Houston, Texas. During the public comment period the Explorer 
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 Explorer Consent Decree also may 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 (<a href="/cdn-cgi/l/email-protection#eb9f8485828ac58d878e8e9f9c84848fab9e988f8481c58c849d"><span class="__cf_email__" data-cfemail="98ecf7f6f1f9b6fef4fdfdeceff7f7fcd8edebfcf7f2b6fff7ee">[email protected]</span></a>), fax no. (202) 514-0097, phone 
confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of

[[Page 2101]]

$4.25 (25 cents per page reproduction cost) payable to the U.S. 
Treasury.

Maureen M. Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-592 Filed 1-13-09; 8:45 am]
BILLING CODE 4410-15-P


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