[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),

[[Page 56409]]

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]
BILLING CODE 4410-15-P