[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51352-51353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16574]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Partial Consent Decree Under the 
Clean Water Act and the Pipeline Safety Laws

    On July 31, 2023, the Department of Justice lodged a proposed 
partial consent decree with the United States District Court for the 
District of North Dakota in the lawsuit entitled United States of 
America and State of North Dakota v. Belle Fourche Pipeline Company, 
Civil Action No. 22-00089-DLH-CRH (the ``North Dakota lawsuit''). The 
proposed partial consent decree would also resolve a lawsuit in the 
District of Montana entitled United States of America v. Bridger 
Pipeline LLC, Civil Action No. 22-00043-BLG-SPW (the ``Montana 
lawsuit'').
    The North Dakota lawsuit seeks injunctive relief and civil 
penalties for violations of the Clean Water Act, the Pipeline Safety 
Laws, and North Dakota state law arising from the failure of Belle 
Fourche Pipeline Company's Bicentennial Pipeline approximately 17.4 
pipeline miles west of the Skunk Hill station, in Billings County, 
North Dakota, on or about December 1, 2016, resulting in the discharge 
of oil into an unnamed tributary to Ash Coulee Creek (the ``Ash Coulee 
spill''). The Montana lawsuit seeks injunctive relief and civil 
penalties for violations of the Clean Water Act and the Pipeline Safety 
Laws arising from the failure of Bridger Pipeline LLC's Poplar Pipeline 
where it crosses under the Yellowstone River approximately six river 
miles upstream from Glendive, Montana, on or about January 17, 2015, 
resulting in the discharge of oil into the Yellowstone River (the 
``Yellowstone spill'').
    The proposed consent decree requires Defendants to perform 
injunctive relief and pay a $12,500,000 civil penalty. Entering into 
and fully complying with the proposed partial consent decree would 
resolve Defendants' and certain affiliates' past civil liability under 
the Clean Water Act and Pipeline Safety Laws arising from the Ash 
Coulee and Yellowstone spills. The proposed partial consent decree 
would also resolve Defendants' and certain affiliates' past civil 
liability for violations that could be brought under specific 
provisions of the Pipeline Safety Laws relating to pipeline control 
room management. The proposed partial consent decree would not resolve 
the United States' claim for injunctive relief under the Clean Water 
Act for remediation of the Ash Coulee spill.
    The publication of this notice opens a period for public comment on 
the partial consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and State of North Dakota v. Belle 
Fourche Pipeline Company, D.J. Ref. No. 90-5-1-1-11262/2 and United 
States v. Bridger Pipeline LLC, D.J. Ref. No. 90-5-1-1-11262. All 
comments must be submitted

[[Page 51353]]

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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    In the case of the Ash Coulee spill, the partial consent decree 
includes a covenant not to sue by the United States under Section 7003 
of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 
6973. Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the partial consent decree may be 
examined and downloaded at this Justice Department website: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the partial 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.
    Please enclose a check or money order for $14.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2023-16574 Filed 8-2-23; 8:45 am]
BILLING CODE 4410-15-P