[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Page 63103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22563]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Modification of Consent Decree
Under the Clean Water Act and Oil Pollution Act
On October 12, 2022, the Department of Justice lodged with the
United States District Court for the Western District of Michigan a
proposed Seventh Modification of Consent Decree (``Seventh
Modification'') in the lawsuit entitled United States v. Enbridge
Energy, Limited Partnership, et al., Civil Action No. 1:16-cv-914.
On May 23, 2017, the United States District Court for the Western
District of Michigan approved and entered a Consent Decree that
resolved specified claims asserted by the United States against
Enbridge Energy, Limited Partnership and eight affiliated entities
(``Enbridge'') under the Clean Water Act and Oil Pollution Act arising
from two separate 2010 oil spills resulting from failures of Enbridge
oil transmission pipelines near Marshall, Michigan and Romeoville,
Illinois. The complaint filed by the United States alleged that
Enbridge's pipelines had unlawfully discharged oil into waters of the
United States and sought civil penalties, recovery of removal costs,
and injunctive relief. The Consent Decree established various
requirements applicable to a network of 14 pipelines that comprise
Enbridge's Lakehead System--including dig selection criteria governing
excavation, repair or mitigation, and imposition of interim pressure
restrictions for various features, such as dents, corrosion and cracks,
that are detected through In-Line Inspections (``ILI'') of such
pipelines. Because certain of these dig selection criteria are based in
part on the Established Maximum Operating Pressure (``EMOP'')
applicable to the pipeline location where the particular feature is
located, the Consent Decree incorporated by reference EMOP values
established for each of the pipelines subject to the Consent Decree.
The proposed Seventh Modification would revise provisions of the
Consent Decree relating to four main areas. First, the proposed
modification would establish requirements and procedures under which
Enbridge may seek Partial Termination of specified obligations under
the Consent Decree while it remains subject to, and continues to
implement, other Consent Decree requirements that are not eligible for
Partial Termination. Second, the proposed Seventh Modification would
explicitly designate specified pipeline segments on Line 61 and Line 62
as ``Replacement Segments'' that are subject to some additional leak
detection system-related requirements under the Consent Decree. The
Modification requires Enbridge to maintain existing temperature and
pressure sensing instrumentation on the newly-designated Replacement
Segments but clarifies that Enbridge is not required to install
instrumentation on the newly designated Replacement Segments. Third,
the proposed Seventh Modification establishes deadlines applicable to
the resumption of In-Line Inspections (ILIs) on Line 62 following a
long period when that pipeline was not in service. Finally, in light of
information developed following the 2017 hydrostatic pressure tests on
a segment of Line 5 that crosses the Straits of Mackinac (generally
referred to as the ``Dual Pipelines''), the proposed Seventh
Modification would confirm that Enbridge will not be required to
perform any axial crack ILI on the Dual Pipelines and associated piping
prior to expiration of a time period that corresponds to one-half of
the estimated remaining fatigue life of the worst potential axial Crack
feature that could have survived the 2017 hydrostatic pressure tests.
The Modification does not limit Enbridge's ability to contend that an
axial crack ILI is not required on the Dual Pipelines following
expiration of the time period referred to above.
The publication of this notice opens a period for public comment on
the proposed Seventh Modification of Consent Decree. 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 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, D.C. 20044-7611.
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During the public comment period, the proposed Seventh Modification
of Consent Decree may be examined and downloaded at this Justice
Department website: https://www.justice.gov/enrd/consent-decrees. The
Justice Department will provide a paper copy of the proposed Seventh
Modification of 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.
In requesting a paper copy, please enclose a check or money order
for $8.50 (25 cents per page reproduction cost) payable to the United
States Treasury.
Patricia A. McKenna,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-22563 Filed 10-17-22; 8:45 am]
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