83 FR 56105 - Notice of Proposed Settlement Agreement and Draft Restoration Plan Under the Oil Pollution Act, the Clean Water Act, and the System Unit Resource Protection Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range		56105-56105
FR Document		2018-24520
Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Page 56105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24520]


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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement and Draft Restoration 
Plan Under the Oil Pollution Act, the Clean Water Act, and the System 
Unit Resource Protection Act

    Notice is hereby given that the United States of America, on behalf 
of the Department of the Interior (``DOI'') acting through the National 
Park Service and the Fish and Wildlife Service, the Department of 
Commerce (``DOC'') acting through the National Oceanic and Atmospheric 
Administration (``NOAA'') and the District of Columbia, on behalf of 
the Department of Energy and Environment (collectively ``Trustees''), 
are providing an opportunity for public comment on a proposed 
Settlement Agreement (``Settlement Agreement'') among the Trustees and 
Pepco, LLC (``Pepco''). The Trustees are also providing notice of an 
opportunity for public comment on a draft Damage Assessment and 
Restoration Plan (``draft DARP'').
    The settlement resolves the civil claims of the Trustees against 
Pepco arising under their natural resource trustee authority under the 
Oil Pollution Act, the Clean Water Act, the System Unit Resource 
Protection Act, and applicable state law for injury to, impairment of, 
destruction of, and loss of use of natural resources as a result of a 
January 23, 2011 oil spill at the Pepco Potomac River Substation 
located in Alexandria, Virginia (``Oil Spill''). The Oil Spill occurred 
when a pipe broke at the Potomac River Substation, discharging 
approximately 17,000 gallons of mineral oil dielectric fluid, of which 
4,500 gallons were discharged into the Potomac River. Under the 
proposed Settlement Agreement, Pepco agrees to pay $326,532 to the DOI 
Natural Resource Damage Assessment and Restoration Fund to be used to 
restore, replace, rehabilitate or acquire the equivalent of, those 
resources injured by the Oil Spill and to compensate the public for 
lost recreational opportunities, as proposed in the draft DARP. In 
addition, Pepco agrees to pay $53,259 to the Trustees for past 
assessment costs and an additional $50,000 to the Trustees for 
restoration planning and oversight costs. Pepco will receive from the 
Trustees a covenant not to sue for the claims resolved by the 
settlement, including assessment costs.
    In accordance with the OPA, the Trustees have also written a draft 
DARP that describes proposed alternatives for restoring the natural 
resources and natural resource services injured by the Oil Spill. The 
two preferred restoration alternatives selected by the Trustees in the 
Draft DARP are the operation and maintenance of a Trash Cage Project on 
the Anacostia River, a tributary to the Potomac River, and the 
restoration and rehabilitation of vegetation proximate to the Potomac 
River in the George Washington Memorial Parkway.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement and draft DARP. Comments on the 
proposed Settlement Agreement should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division and should 
refer to the Pepco Potomac River Substation Settlement Agreement, DJ 
No. 90-5-1-1-11456. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. 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............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Settlement Agreement 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 $3.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    Comments on the draft DARP may be submitted to the Trustees either 
electronically or by mail. Comments on the draft DARP may be submitted 
electronically at https://parkplanning.nps.gov/PepcoPotomacSpill. 
Written comments on the draft DARP should be addressed to 
Superintendent, George Washington Memorial Parkway Headquarters, Attn. 
Pepco Draft DARP, 700 George Washington Memorial Parkway, McLean, VA 
22101. Please reference: Pepco Potomac River Substation Settlement 
Agreement, DOI-SOL-ERB-2018-002. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice.
    During the public comment period, a copy of the draft DARP will be 
available electronically at https://parkplanning.nps.gov/PepcoPotomacSpill. A copy of the draft DARP may also be examined at the 
George Washington Memorial Parkway office. Arrangements to view the 
documents must be made in advance by contacting the Natural Resource 
Division at (703) 289-2500.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-24520 Filed 11-8-18; 8:45 am]
 BILLING CODE 4410-15-P
Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 56105

The publication of this notice opens Agreement (‘‘Settlement Agreement’’) Comments may be submitted either by
a period for public comment on the among the Trustees and Pepco, LLC email or by mail:
proposed Consent Decree. Comments (‘‘Pepco’’). The Trustees are also
should be addressed to the Assistant providing notice of an opportunity for To submit Send them to:
Attorney General, Environment and public comment on a draft Damage comments:
Natural Resources Division, and should Assessment and Restoration Plan (‘‘draft
refer to United States and Louisiana DARP’’). By email ....... pubcomment-ees.enrd@
The settlement resolves the civil usdoj.gov.
Department of Environmental Quality v.
claims of the Trustees against Pepco By mail ......... Assistant Attorney General,
Evangeline Enterprises LLC, D.J. Ref. No.
U.S. DOJ—ENRD, P.O.
90–5–1–1–11485. All comments must be arising under their natural resource
Box 7611, Washington, DC
submitted no later than thirty (30) days trustee authority under the Oil Pollution 20044–7611.
after the publication date of this notice. Act, the Clean Water Act, the System
Comments may be submitted either by Unit Resource Protection Act, and
email or by mail: applicable state law for injury to, During the public comment period,
impairment of, destruction of, and loss the Settlement Agreement may be
To submit of use of natural resources as a result of examined and downloaded at this
Send them to:
comments: a January 23, 2011 oil spill at the Pepco Justice Department website: https://
Potomac River Substation located in www.justice.gov/enrd/consent-decrees.
By email ....... pubcomment-ees.enrd@
Alexandria, Virginia (‘‘Oil Spill’’). The We will provide a paper copy of the
usdoj.gov.
By mail ......... Assistant Attorney General, Oil Spill occurred when a pipe broke at Settlement Agreement upon written
U.S. DOJ—ENRD, P.O. the Potomac River Substation, request and payment of reproduction
Box 7611, Washington, DC discharging approximately 17,000 costs. Please mail your request and
20044–7611. gallons of mineral oil dielectric fluid, of payment to: Consent Decree Library,
which 4,500 gallons were discharged U.S. DOJ—ENRD, P.O. Box 7611,
During the public comment period, into the Potomac River. Under the Washington, DC 20044–7611.
the proposed Consent Decree may be proposed Settlement Agreement, Pepco
examined and downloaded at this agrees to pay $326,532 to the DOI Please enclose a check or money order
Justice Department website: http:// Natural Resource Damage Assessment for $3.00 (25 cents per page
www.justice.gov/enrd/consent-decrees. and Restoration Fund to be used to reproduction cost) payable to the United
We will provide a paper copy of the restore, replace, rehabilitate or acquire States Treasury.
proposed Consent Decree upon written the equivalent of, those resources Comments on the draft DARP may be
request and payment of reproduction injured by the Oil Spill and to submitted to the Trustees either
costs. Please mail your request and compensate the public for lost electronically or by mail. Comments on
payment to: Consent Decree Library, recreational opportunities, as proposed the draft DARP may be submitted
U.S. DOJ—ENRD, P.O. Box 7611, in the draft DARP. In addition, Pepco electronically at https://
Washington, DC 20044–7611. agrees to pay $53,259 to the Trustees for parkplanning.nps.gov/
Please enclose a check or money order past assessment costs and an additional PepcoPotomacSpill. Written comments
for $10.75 (25 cents per page $50,000 to the Trustees for restoration on the draft DARP should be addressed
reproduction cost) payable to the United planning and oversight costs. Pepco will
to Superintendent, George Washington
States Treasury. receive from the Trustees a covenant not
Memorial Parkway Headquarters, Attn.
to sue for the claims resolved by the
Thomas Carroll, Pepco Draft DARP, 700 George
settlement, including assessment costs.
Assistant Section Chief, Environmental In accordance with the OPA, the Washington Memorial Parkway,
Enforcement Section, Environment and McLean, VA 22101. Please reference:
Natural Resources Division.
Trustees have also written a draft DARP
that describes proposed alternatives for Pepco Potomac River Substation
[FR Doc. 2018–24606 Filed 11–8–18; 8:45 am] Settlement Agreement, DOI–SOL–ERB–
restoring the natural resources and
BILLING CODE 4410–15–P 2018–002. All comments must be
natural resource services injured by the
Oil Spill. The two preferred restoration submitted no later than thirty (30) days
alternatives selected by the Trustees in after the publication date of this notice.
DEPARTMENT OF JUSTICE
the Draft DARP are the operation and During the public comment period, a
Notice of Proposed Settlement maintenance of a Trash Cage Project on copy of the draft DARP will be available
Agreement and Draft Restoration Plan the Anacostia River, a tributary to the electronically at https://
Under the Oil Pollution Act, the Clean Potomac River, and the restoration and
parkplanning.nps.gov/
Water Act, and the System Unit rehabilitation of vegetation proximate to
PepcoPotomacSpill. A copy of the draft
Resource Protection Act the Potomac River in the George
Washington Memorial Parkway. DARP may also be examined at the
Notice is hereby given that the United The publication of this notice opens George Washington Memorial Parkway
States of America, on behalf of the a period for public comment on the office. Arrangements to view the
Department of the Interior (‘‘DOI’’) proposed Settlement Agreement and documents must be made in advance by
acting through the National Park Service draft DARP. Comments on the proposed contacting the Natural Resource
and the Fish and Wildlife Service, the Settlement Agreement should be Division at (703) 289–2500.
Department of Commerce (‘‘DOC’’) addressed to the Assistant Attorney
khammond on DSK30JT082PROD with NOTICES

Robert Brook,
acting through the National Oceanic and General, Environment and Natural
Atmospheric Administration (‘‘NOAA’’) Resources Division and should refer to Assistant Section Chief, Environmental
and the District of Columbia, on behalf Enforcement Section, Environment and
the Pepco Potomac River Substation
Natural Resources Division.
of the Department of Energy and Settlement Agreement, DJ No. 90–5–1–
Environment (collectively ‘‘Trustees’’), [FR Doc. 2018–24520 Filed 11–8–18; 8:45 am]
1–11456. All comments must be
are providing an opportunity for public submitted no later than thirty (30) days BILLING CODE 4410–15–P
comment on a proposed Settlement after the publication date of this notice.

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Document Created: 2018-11-09 03:34:29
Document Modified: 2018-11-09 03:34:29
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 56105