[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Notices]
[Page 52695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20434]


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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 September 15, 2021, the Department of Justice lodged with the 
United States District Court for the Western District of Michigan a 
proposed Sixth Modification of Consent Decree (``Sixth 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 Sixth Modification would revise certain EMOP values to 
reflect new information developed during an MOP Verification Project 
undertaken between 2015 and December of 2020. In addition to revising 
EMOP values for purposes of implementing dig selection criteria, the 
proposed Sixth Modification establishes new provisions directly 
restricting operating pressures on pipelines subject to the Consent 
Decree, including: (1) An explicit prohibition on exceeding EMOP values 
except in limited circumstances involving surges or other variations 
from normal pipeline operations, and (2) new reporting requirements and 
stipulated penalty provisions relating to pipeline operating pressure 
provisions. Finally, in certain cases where the MOP Verification 
Project developed new information regarding pipe wall thickness at 
particular pipeline locations, the proposed Sixth Modification would 
require Enbridge to re-evaluate features and identify any additional 
features that meet Consent Decree dig selection criteria when revised 
pipe wall thickness information is taken into consideration.
    The publication of this notice opens a period for public comment on 
the proposed Sixth 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#52222730313d3f3f373c267f3737217c373c2036122721363d387c353d24"><span class="__cf_email__" data-cfemail="80f0f5e2e3efedede5eef4ade5e5f3aee5eef2e4c0f5f3e4efeaaee7eff6">[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 Sixth 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 Sixth 
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 $7.00 (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. 2021-20434 Filed 9-21-21; 8:45 am]
BILLING CODE 4410-15-P


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