[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