[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Page 40339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17378]


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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 August 8, 2018, the Department of Justice lodged with the United 
States District Court for the Western District of Michigan a proposed 
Third Modification of Consent Decree 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 requirements governing the 
installation of additional screw anchor supports along a portion of 
Enbridge's Line 5 pipeline located within the Straits of Mackinac, in 
Michigan. The proposed Third Modification of Consent Decree revises and 
clarifies the scope of the screw anchor installation provision set 
forth in Paragraph 68 of the Consent Decree approved by the Court. The 
proposed Third Modification identifies 70 specific locations where 
screw anchors are required to be installed based on information 
provided in a 2016 underwater inspection of Line 5 in the Straits of 
Mackinac. The proposed Third Modification also establishes revised 
criteria that would govern installation of any additional screw anchors 
that may be needed if future underwater inspections of Line 5 document 
changed conditions within the Straits of Mackinac.
    The publication of this notice opens a period for public comment on 
the proposed Third 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..................................  <a href="/cdn-cgi/l/email-protection#98e8edfafbf7f5f5fdf6ecb5fdfdebb6fdf6eafcd8edebfcf7f2b6fff7ee"><span class="__cf_email__" data-cfemail="c9b9bcabaaa6a4a4aca7bde4acacbae7aca7bbad89bcbaada6a3e7aea6bf">[email protected]</span></a>.
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 proposed Third 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 Third 
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 $5.50 (25 cents per page reproduction cost) payable to the United 
States Treasury.

Randall M. Stone,
Acting Assistant Section Chief, Environmental Enforcement Section, 
Environment and Natural Resources Division.
[FR Doc. 2018-17378 Filed 8-13-18; 8:45 am]
 BILLING CODE 4410-15-P


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