[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5275-5276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02263]


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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement and Draft Restoration 
Plan Under The Oil Pollution Act of 1990, and The Clean Water Act

    Notice is hereby given that the United States of America, on behalf 
of the Department of the Interior (``DOI'') acting through the Fish and 
Wildlife Service and the National Park Service, the District of 
Columbia, on behalf of the Department of Energy and Environment, and 
the Commonwealth of Virginia, acting through the Virginia Department of 
Environmental Quality (collectively ``Trustees''), are providing an 
opportunity for public comment on a proposed Settlement Agreement 
(``Settlement Agreement'') among the DOI, the District of Columbia, the 
Commonwealth of Virginia, and

[[Page 5276]]

Virginia Electric and Power Company d/b/a Dominion Energy Virginia 
(``Dominion Energy''). 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 DOI, the District of 
Columbia, and the Commonwealth of Virginia against Dominion Energy 
arising under their natural resource trustee authority under the Oil 
Pollution Act of 1990 (OPA), 33 U.S.C. 2701 et seq., the natural 
resource damages provisions of the Clean Water Act, 33 U.S.C. 
1321(f)(4) and (5), and applicable state law for injury to, impairment 
of, destruction of, and loss of use of natural resources as a result of 
a January 24, 2016 oil spill at the Dominion Energy Crystal City 
Substation located in Arlington, Virginia (``Oil Spill''). The Oil 
Spill occurred when a transformer tank ruptured at the Crystal City 
Substation, spilling approximately 13,500 gallons of mineral oil 
dielectric fluid, most of which was recovered from the Substation's 
containment facility and through response action. The NPS is also 
acting under its authority under the System Unit Resource Protection 
Act System, 54 U.S.C. 100723. Further, in accordance with the OPA the 
Trustees have written a draft DARP that describes proposed alternatives 
for restoring the natural resources and natural resource services 
injured by the Oil Spill.
    Under the proposed Settlement Agreement, Dominion Energy agrees to 
pay $390,385 to the DOI Natural Resource Damage Assessment and 
Restoration Fund, (established by 43 U.S.C. 1474b), 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. 
Dominion Energy will receive from the Trustees a covenant not to sue 
for the claims resolved by the settlement, including assessment costs.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement and draft DARP. The Trustees will 
receive comments relating to the Settlement Agreement and draft DARP 
for a period of thirty (30) days from the date of this publication. A 
copy of the proposed Settlement Agreement and the draft DARP are 
available electronically at https://parkplanning.nps.gov/projectHome.cfm?projectID=75342. A copy of the proposed Settlement 
Agreement and draft DARP may 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. A copy of the Settlement Agreement only may also be obtained 
by mail from:

Assistant Solicitor, Environmental Restoration Branch, Office of the 
Solicitor, U.S. Department of the Interior, 1849 C Street NW, 
Washington, DC 20240.
    Please reference: Dominion Energy Virginia Crystal City Substation 
Settlement Agreement, DOI-SOL-ERB-2018-001. When requesting a copy of 
the Settlement Agreement please enclose a check in the amount of $3.25 
(25 cents per page reproduction cost) payable to the United States 
Treasury.
    Comments on the proposed Settlement Agreement and/or the draft DARP 
may be submitted electronically at https://parkplanning.nps.gov/projectHome.cfm?projectID=75342. Additionally, written comments on the 
proposed Settlement Agreement and/or draft DARP should be addressed to 
Superintendent, George Washington Memorial Parkway Headquarters, Attn. 
Dominion DARP, 700 George Washington Memorial Parkway, McLean, VA 
22101.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-02263 Filed 2-5-18; 8:45 am]
 BILLING CODE 4410-15-P