[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