[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Notices]
[Page 17721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8753]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Clean Water Act
In accordance with Department policy, 28 C.F.R. 50.7, notice is
hereby given that on March 26, 2002, a proposed consent decree in
United States v. Texaco Exploration and Production Inc., Civil No.
2:98-CV-00213-ST, was lodged with the United States District Court for
the District of Utah.
This consent decree represents a settlement of claims brought
against Texaco Exploration and Production Inc. (``Texaco'') under
Sections 309 and 311 of the Clean Water Act (``CWA''), 33 U.S.C. 1319
and 1321, in a civil complaint filed on March 26, 1998. The complaint
alleged the following: (1) Texaco violated CWA Section 301 by
unauthorized discharges of produced water and mixed oil and produced
water from its oil and gas production field in Aneth, Utah (the ``Aneth
Unit'') into waters of the U.S.; (2) Texaco violated CWA Section 311 by
discharging a mix of oil and produced water from the Aneth Unit into
waters of the U.S. and adjoining shorelines; and (3) in violation of
CWA Section 311(j) and 40 CFR Part 112, Texaco failed to prepare an
adequate Spill Prevention Control and Countermeasure (``SPCC'') Plan,
failed to adequately implement the SPCC plan, and failed to provide
notification to EPA of oil spills from the Aneth Unit.
Under the proposed settlement, Texaco is required to implement a
series of measures as injunctive relief including: rerouting of
flowlines; construction of berming; replacement of pipelines;
installation of stuffing box leak detectors on producing wells;
construction of overflow tanks; and installation of emergency shutdown
equipment on producing wells, the injection distribution system, and
the production transfer system. Texaco will also submit a revised SPCC
Plan and fully implement the Plan. Texaco is also required to provide
for the construction and implementation of two Supplemental
Environmental Projects, at an estimated cost of $478,700, to provide an
adequate supply of drinking water and sanitary facilities for residents
in the vicinity of Montezuma Creek, Utah, on the Navajo Nation.
Finally, Texaco will pay a civil penalty of $369,922.
The Department of Justice will receive comments relating to the
proposed consent decree for a period of thirty (30) days from the date
of this publication. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Divisions, U.S.
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and
should refer to United States v. Texaco Exploration and Production
Inc., DOJ Ref. 90-5-1-1-4457/1. A copy of any comments should be sent
to Robert D. Mullaney, U.S. Department of Justice, 301 Howard St.,
Suite 1050, San Francisco, CA 94105.
The proposed consent decree may be examined at the Office of the
United States Attorney, 185 South State Street, Suite 400, Salt Lake
City, Utah 84111, and at the Office of Regional Counsel, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105. A copy of the proposed Consent Decree may also be
obtained by mail from the Consent Decree Library, U.S. Department of
Justice, P.O. Box 7611, Washington, DC 20044-7611, or by faxing a
request to Tonia Fleetwood, Department of Justice Consent Decree
Library, fax no. (202) 514-0097; phone confirmation no. (202) 514-1547.
There is a charge for the copy (25 cent per page reproduction cost). In
requesting a copy, please enclose a check in the amount of $36.00
payable to the ``U.S. Treasury.'' (A copy of the decree, exclusive of
attachments, may be obtained for $8.75.)
Ellen M. Mahan,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 02-8753 Filed 4-10-02; 8:45 am]
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