[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4053-4054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1155]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Water Act

    Notice is hereby given that on January 12, 2009, a proposed Consent 
Decree (the ``Consent Decree'') in United States v. Shell Chemical 
Yabucoa, Inc., Civil Action No. 3:09-cv-1019 was lodged with the United 
States District Court for the District of Puerto Rico.
    In a complaint, filed simultaneously with the Decree, the United 
States alleges that Shell Chemical Yabucoa, Inc. (``Shell'') violated 
the Clean Water Act, 33 U.S.C. 1251 et seq. (the ``Act'') at its 
facility in Yabucoa, Puerto Rico (``Facility'') by discharging 
pollutants in excess of effluent limitations contained in its National 
Pollutant Discharge Elimination System (``NPDES'') Permit No. 
PR0000400, by discharging effluent from unpermitted discharge points as 
a result of two pipeline ruptures, by discharging unauthorized 
pollutants from a permitted discharge point, by failing to report 
violations, and by failing to provide adequate operation and 
maintenance at the Facility as required by NPDES Permit No. PR0000400.
    The Consent Decree requires Shell to implement injunctive relief to 
bring the Facility into compliance with the Act, including to install 
and operate a rain gauge at the Facility, to collect, measure, and 
maintain records of the rainfall received at the Facility; to conduct 
maintenance of the Facility's flood control pond to minimize discharges 
of storm water from the Facility; and to conduct several studies and 
implement compliance measures to reduce the concentration of pollutants 
contained in the Facility's storm water discharges. The Facility 
currently is not conducting any petrochemical production operations, 
but if the Facility initiates production operations at any time before 
the Consent Decree terminates, which is estimated to be in 
approximately 3 years, Shell must design, construct and operate a storm 
water storage facility that provides for the temporary storage of at 
least 1.34 million gallons of storm water. The Consent Decree also 
requires Shell to pay a $1,025,000 civil penalty to the United States.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either e-
mailed to <a href="/cdn-cgi/l/email-protection#29595c4b4a4644444c475d044c4c5a074c475b4d695c5a4d4643074e465f"><span class="__cf_email__" data-cfemail="d4a4a1b6b7bbb9b9b1baa0f9b1b1a7fab1baa6b094a1a7b0bbbefab3bba2">[email protected]</span></a> or mailed to P.O. Box 7611, 
United States Department of Justice, Washington, DC 20044-7611, and 
should refer to United States v. Shell Chemical Yabucoa, Inc., D.J. 
Ref. 90-5-1-1-08400.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Torre Chardon, Room 1201, 350 Chardon Street, San 
Juan, Puerto Rico 00918, and at U.S. EPA Region 2, Office of Regional 
Counsel, 290 Broadway, New York, New York 10007-1866. During the public 
comment period, the 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 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 e-
mailing a request to Tonia Fleetwood (<a href="/cdn-cgi/l/email-protection#592d36373038773f353c3c2d2e36363d192c2a3d3633773e362f"><span class="__cf_email__" data-cfemail="b8ccd7d6d1d996ded4ddddcccfd7d7dcf8cdcbdcd7d296dfd7ce">[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 4054]]

$16.00 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if by e-mail or fax, forward a check in that amount to the 
Consent Decree Library at the stated address.

Ronald Gluck,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E9-1155 Filed 1-21-09; 8:45 am]
BILLING CODE 4410-15-P


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