81 FR 62536 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Oil Pollution Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 175 (September 9, 2016)

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62536-62537]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21693]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act and the Oil Pollution Act

    On July 20, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Michigan in the lawsuit entitled United States v. Enbridge 
Energy, Limited Partnership, et al., Civil Action No. 1:16-cv-914. The 
United States published a notice advising the public of an opportunity 
to submit public comments on the proposed settlement during a 30-day 
period. 81 FR 142 (July 25, 2016). During the public comment period, 
several commenters requested extension of the comment period. The 
United States is extending the comment period through October 21, 2016 
to allow time for interested persons to submit additional or 
supplemental comments on the proposed Consent Decree.
    The Complaint in this action asserts claims against Enbridge 
Energy, Limited Partnership and eight related Enbridge entities 
(``Enbridge'') arising from two separate oil transmission pipeline 
failures that resulted in discharges of oil to waters of the United 
States and adjoining shorelines. One of these pipeline failures 
occurred on July 25, 2010 near Marshall, Michigan on a pipeline known 
as Line 6B, and resulted in discharges of oil to Talmadge Creek, a 
large stretch the Kalamazoo River, and adjoining shorelines. The other 
pipeline failure occurred on or about September 9, 2010 in Romeoville, 
Illinois on a pipeline known as Line 6A, and resulted in discharges of 
oil primarily to an unnamed tributary to the Des Plaines River, a 
retention pond, and adjoining shorelines. The proposed Complaint seeks 
injunctive relief and civil penalties under Sections 309 and 311 of the 
Clean Water Act, as amended, 33 U.S.C. 1319 and 1321, for both the 
Marshall, Michigan and the Romeoville, Illinois oil spills. In 
addition, under Section 1002 of the Oil Pollution Act, as amended, 33 
U.S.C. 2702, the Complaint seeks to recover from Defendants all 
unreimbursed removal costs incurred and to be incurred by the United 
States in connection with the Marshall, Michigan oil spill.
    Under the proposed Consent Decree, Enbridge will pay a civil 
penalty of $61 million for the Marshall, Michigan oil spill, and an 
additional $1 million for the Romeoville, Illinois oil spill. In 
addition, Enbridge will pay over $5.4 million in unreimbursed federal 
removal costs that the Oil Spill Liability Trust Fund (``Fund'') paid 
in connection with the Marshall, Michigan oil spill through October 1, 
2015, and Enbridge will pay all additional removal costs consistent 
with the National Contingency Plan that are paid by the Fund after 
October 1, 2015 in connection with the Marshall, Michigan oil spill. 
Prior to the Consent Decree, the United States billed Enbridge for 
additional federal removal costs incurred in connection with both the 
Marshall, Michigan oil spill and the Romeoville, Illinois oil spill, 
and Enbridge paid all amounts billed for that spill. Finally, the 
proposed Consent Decree includes an extensive program of injunctive 
relief, including a series of measures designed to (1) reduce the 
potential for future pipeline failures that could result in unlawful 
discharges from Enbridge's Lakehead System pipelines, (2) improve leak 
detection capabilities and Enbridge's response to situations that could 
indicate potential pipeline failures, and (3) improve Enbridge's 
emergency response and preparedness capabilities to better address any 
future spills that might occur.
    The publication of this notice extends the period for public 
comment on the proposed Consent Decree through October 21, 2016. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and should refer to United 
States v. Enbridge Energy, Limited Partnership, et al., D.J. Ref. No. 
90-5-1-1-10099. All comments must be submitted no later than October 
21, 2016. 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 proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the

[[Page 62537]]

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.
    You may request a paper copy of the Consent Decree with or without 
Appendices. If requesting a copy of the proposed Consent Decree with 
Appendices, please enclose a check or money order for $52.25 (25 cents 
per page reproduction cost) payable to the United States Treasury, for 
a copy of the Consent Decree with Appendices. If requesting a copy of 
the proposed Consent Decree without Appendices, please enclose a check 
or money order for $42.25 payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-21693 Filed 9-8-16; 8:45 am]
BILLING CODE 4410-15-P