[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]
BILLING CODE 4410-15-P