[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56408-56409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14965]
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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 June 29, 2024, the Department of Justice lodged with the United
States District Court for the Western District of Michigan a proposed
Eighth Modification of Consent Decree (``Eighth 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 a cracks, that are detected
through In-Line Inspections (``ILI'') of such pipelines. The proposed
Modification would revise provisions of the Consent Decree relating to
the investigation and repair of ``circumferential cracks''--i.e.,
cracks that are predominantly oriented around the circumference of the
pipeline as opposed to cracks oriented along the length (or central
axis) of the pipeline.
First, the proposed Eighth Modification would require Enbridge to
investigate circumferential crack features in four pipelines. In three
pipelines (Lines 2, 62 and a portion of Line 1), Enbridge will deploy
ILI tools that are specifically designed to identify and measure
circumferential crack features. In a fourth pipeline (Line 4),
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Enbridge will undertake a newly-created program to excavate and examine
a minimum of ten pipe joints that are likely to contain the most severe
circumferential crack features. Based upon the results of this
investigation, Enbridge will attempt to pass an agreed-upon statistical
test for determining whether unexcavated portions of the pipeline are
likely to contain any Circumferential Cracks that require repair.
Second, the proposed Eighth Modification would revise the methods
used by Enbridge for assessing whether a circumferential crack must be
excavated and repaired. The new methods are tailored to address the
unique threats posed by circumferential crack features, taking into
account all stresses and loading conditions that may cause a
circumferential crack to grow and ultimately fail. The proposed Eighth
Modification would require Enbridge to apply these new assessment
methods not only to circumferential crack features in Lines 1, 2, 4,
and 62 that Enbridge would be required to investigate under the
proposed Eighth Modification, but also those circumferential crack
features in Lines 5, 6A, and 10 that Enbridge previously discovered
through past ILIs but that Enbridge has not yet excavated and repaired.
Third, the proposed Eighth Modification adjusts certain
requirements relating to the repair and mitigation of Circumferential
Crack features. The proposed Eighth Modification allows more time for
the excavation and repair of Circumferential Cracks than is generally
afforded for the excavation and repair of axially-aligned cracks (i.e.,
a crack oriented in parallel to the flow of oil through the pipeline).
Further, Enbridge will not be required, in all instances, to limit
operating pressure in a pipeline until such repairs are completed.
Rather, Enbridge will be required to establish an interim pressure
restriction only if a Circumferential Crack is growing at a rate that
poses a threat to the integrity of the pipeline.
Fouth, the proposed Eighth Modification would eliminate two
requirements in the Consent Decree relating to Circumferential Cracks.
In contrast to axially-aligned cracks, circumferential crack features
that do not require excavation and repair would not be evaluated to
determine their remaining life (i.e., the estimated time remaining
before a feature may fail either by leaking or rupturing). In addition,
the proposed Eighth Modification would not impose any requirements on
Enbridge with respect to the future deployment of ILI tools to re-
inspect circumferential crack features in Lines 1, 2, 4, 5, 6A, 10, and
62.
Finally, the proposed Eighth Modification would revise the
Termination Section of the Consent Decree, enabling Enbridge to seek
early termination of certain requirements relating to circumferential
crack features. The proposed Eighth Modification would require Enbridge
to incorporate the circumferential crack remedial program into its
operating manual, which is enforceable by the Pipeline and Hazardous
Materials Safety Administration (``PHMSA''). Once the manual is
revised, Enbridge may request ``Phase 1'' Final Termination, which,
upon approval by EPA, will terminate all aspects of the Consent Decree
other than two discrete programs relating to circumferential cracks.
Phase 2 Final Termination will occur once the United States files
notice with the Court confirming that Enbridge has fully implemented
these two remaining programs.
The publication of this notice opens a period for public comment on
the proposed Eighth 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, DC 20044-7611.
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During the public comment period, the proposed Eighth Modification
may be examined and downloaded at this Justice Department website:
https://www.justice.gov/enrd/consent-decrees. If you require assistance
accessing the proposed Eighth Modification, you may request assistance
by email or by mail to the address provided above for submitting
comments.
Laura A. Thoms,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2024-14965 Filed 7-8-24; 8:45 am]
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