[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Page 56105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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............................  [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 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