Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 44056-44057 [2021-17093]

Download as PDF 44056 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES page. (See Handbook for Electronic Filing Procedures, https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary at (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission vote for this determination took place on August 5, 2021. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: August 5, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–17082 Filed 8–10–21; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 23:05 Aug 10, 2021 Jkt 253001 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On August 5, 2021, the Department of Justice filed a complaint and lodged a proposed consent decree with the United States District Court for the District of North Dakota in the lawsuit entitled United States and North Dakota v. Summit Midstream Partners, LLC and Meadowlark Midstream Company, LLC, Civil Action No. 1:21–cv–00161. The Department of the Interior’s Fish and Wildlife Service, the North Dakota Department of Environmental Quality, and the North Dakota Department of Game and Fish (‘‘Trustees’’) are also providing notice of an opportunity for public comment on a Draft Restoration Plan. The United States and the State of North Dakota filed this lawsuit under the Clean Water Act and North Dakota water pollution control laws. The complaint names Summit Midstream Partners, LLC and Meadowlark Midstream Company, LLC as defendants. The complaint seeks injunctive relief, civil penalties, and natural resource damages for violations of the Clean Water Act and North Dakota law as a result of a produced water spill from a pipeline owned and operated by Defendants. Defendants’ pipeline discharged more than 700,000 barrels of produced water between August 2014 and January 2015; produced water from the spill reached groundwater, a nearby creek, and downstream rivers. The Consent Decree requires Defendants to perform injunctive relief; remediate environmental impacts; pay $250,000 in natural resource damage assessment costs; pay $1,000,000 to be used by the Trustees for the costs of projects that restore, rehabilitate, replace, or acquire the equivalent of natural resources; and pay a $20,000,000 civil penalty to be split evenly between the United States and North Dakota. Based on certain ability to pay limitations, the civil penalty will be paid over six years, subject to interest. The Consent Decree resolves the civil claims alleged by the United States and North Dakota in the complaint. Under the Consent Decree, the United States and North Dakota also agreed not to sue Defendants for natural resource damages resulting from the produced water spill. The Trustees have written a Draft Restoration Plan that describes proposed alternatives for restoring natural resources and natural resource services injured by the produced water PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 spill. The preferred alternatives include three restoration project types: (1) Aquatic service enhancements; (2) conservation of environmentally sensitive lands; and (3) recreational access enhancement. The publication of this notice opens a period for public comment on the Consent Decree and the Draft Restoration Plan. Comments on the Consent Decree should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and North Dakota v. Summit Midstream Partners, LLC and Meadowlark Midstream Company, LLC, D.J. Ref. No. 90–5–2–1–11253. 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: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the 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 $23.00 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the appendices and signature pages, the cost is $16.25. Comments on the Draft Restoration Plan may be submitted to the Trustees, and should refer to Blacktail Creek— Summit Midstream Pipeline Release Settlement Agreement, DOI Reference #9590. All comments on the Draft Restoration Plan must be submitted no later than 30 days after the publication date of this notice. Comments on the Draft Restoration Plan may be submitted either by email or by mail: To submit comments: Send them to: By email ....... FW6Blacktail_ CreekNRDAR@fws.gov. E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices To submit comments: Send them to: By mail ......... Jessica Johnson U.S. Fish and Wildlife Service 3425 Miriam Ave., Bismarck, ND 58501. During the public comment period, a copy of the Draft Restoration Plan will be available electronically at https:// www.fws.gov/mountain-prairie/pressrel/ archives/index.php and at https:// deq.nd.gov/EHSRulesRegs.aspx. A link to the Draft Restoration Plan and updates about it will also be made available on the Listserv of the North Dakota Department of Environmental Quality (‘‘NDDEQ’’). To be placed on the Listserv, please visit https:// deq.nd.gov/subscriptions/ and selfregister, or contact the NDDEQ by phone at (701) 328–5150, or by email at deq@ nd.gov. A copy of the Draft Restoration Plan may also be examined at 3425 Miriam Avenue, Bismarck ND 58501. Arrangements to view the Draft Restoration Plan must be made in advance by contacting (701) 250–4402. Susan Akers, Assistant Section Chief,Environmental Enforcement Section,Environment and Natural Resources Division. [FR Doc. 2021–17093 Filed 8–10–21; 8:45 am] BILLING CODE 4410–15–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–348, 50–364; and 50–424, 50–425; NRC–2021–0139] Southern Nuclear Operating Company; Joseph M. Farley Nuclear Plant, Units 1 and 2; Vogtle Electric Generating Plant, Units 1 and 2 Nuclear Regulatory Commission. ACTION: Exemption; issuance. AGENCY: jbell on DSKJLSW7X2PROD with NOTICES VerDate Sep<11>2014 23:05 Aug 10, 2021 Jkt 253001 John G. Lamb, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–3100, email: John.Lamb@nrc.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: the exemptions is attached. The U. S. Nuclear Regulatory Commission (NRC) is granting exemptions in response to a request dated June 9, 2021, from Southern Nuclear Operating Company, Inc., seeking exemptions from specific regulations that require periodic updates of the Farley Nuclear Plant, Units 1 and 2, and Vogtle Electric Generating Plant, Units 1 and 2, Updated Final Safety Reports (UFSARs). DATES: The exemption was issued on August 4, 2021. ADDRESSES: Please refer to Docket ID NRC–2021–0139 when contacting the NRC about the availability of information regarding this document. SUMMARY: You may obtain publicly available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2021–0139. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1–800–397–4209 or 301–415–4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. Dated: August 6, 2021. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 The text of 44057 For the Nuclear Regulatory Commission. John G. Lamb, Senior Project Manager, Plant Licensing Branch 2–1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. Attachment—Exemption NUCLEAR REGULATORY COMMISSION Docket Nos. 50–348, 50–364; and 50– 424, 50–425 Southern Nuclear Operating Company Joseph M. Farley Nuclear Plant, Units 1 and 2 Vogtle Electric Generating Plant, Units 1 and 2 I. Background Southern Nuclear Operating Company (SNC, the licensee) is the holder of Facility Operating License Nos. NPF–2, NPF–8, NPF–68, and NPF–81, for the Joseph M. Farley Nuclear Plant (Farley), Units 1 and 2; and the Vogtle Electric Generating Plant (Vogtle), Units 1 and 2, respectively. The licenses provide, among other things, that the licensee is subject to all rules, regulations, and orders of the Commission now or hereafter in effect. The Farley, Units 1 and 2; and Vogtle, Units 1 and 2, facilities consist of two pressurizedwater reactors located at each of the licensee’s sites in Houston County, Alabama, and Burke County, Georgia, respectively. II. Request/Action In accordance with Section 50.71 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Maintenance of records, making of reports,’’ paragraph (e)(4) states, in part, that ‘‘Subsequent revisions [to the Updated Final Safety Analysis Report (UFSAR) submitted as part of the original license application] must be filed annually or 6 months after each refueling outage provided the interval between successive updates [to the UFSAR] does not exceed 24 months.’’ By letter dated June 9, 2021 (ADAMS Accession No. ML21160A156), SNC requested that the due date for submittal of the Farley, Units 1 and 2, UFSAR be by October 31 of every oddnumbered year, provided the interval between successive updates does not exceed 24 months, and that the due date for submittal of the Vogtle, Units 1 and 2, UFSAR be by October 31 of every even-numbered year, provided the interval between successive updates does not exceed 24 months. Pursuant to 10 CFR 50.12, ‘‘Implementation of the Equal Access to Justice Act in Agency Proceeding,’’ the NRC may, upon application by any E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

Department of Justice

[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44056-44057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17093]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On August 5, 2021, the Department of Justice filed a complaint and 
lodged a proposed consent decree with the United States District Court 
for the District of North Dakota in the lawsuit entitled United States 
and North Dakota v. Summit Midstream Partners, LLC and Meadowlark 
Midstream Company, LLC, Civil Action No. 1:21-cv-00161. The Department 
of the Interior's Fish and Wildlife Service, the North Dakota 
Department of Environmental Quality, and the North Dakota Department of 
Game and Fish (``Trustees'') are also providing notice of an 
opportunity for public comment on a Draft Restoration Plan.
    The United States and the State of North Dakota filed this lawsuit 
under the Clean Water Act and North Dakota water pollution control 
laws. The complaint names Summit Midstream Partners, LLC and Meadowlark 
Midstream Company, LLC as defendants. The complaint seeks injunctive 
relief, civil penalties, and natural resource damages for violations of 
the Clean Water Act and North Dakota law as a result of a produced 
water spill from a pipeline owned and operated by Defendants. 
Defendants' pipeline discharged more than 700,000 barrels of produced 
water between August 2014 and January 2015; produced water from the 
spill reached groundwater, a nearby creek, and downstream rivers.
    The Consent Decree requires Defendants to perform injunctive 
relief; remediate environmental impacts; pay $250,000 in natural 
resource damage assessment costs; pay $1,000,000 to be used by the 
Trustees for the costs of projects that restore, rehabilitate, replace, 
or acquire the equivalent of natural resources; and pay a $20,000,000 
civil penalty to be split evenly between the United States and North 
Dakota. Based on certain ability to pay limitations, the civil penalty 
will be paid over six years, subject to interest. The Consent Decree 
resolves the civil claims alleged by the United States and North Dakota 
in the complaint. Under the Consent Decree, the United States and North 
Dakota also agreed not to sue Defendants for natural resource damages 
resulting from the produced water spill.
    The Trustees have written a Draft Restoration Plan that describes 
proposed alternatives for restoring natural resources and natural 
resource services injured by the produced water spill. The preferred 
alternatives include three restoration project types: (1) Aquatic 
service enhancements; (2) conservation of environmentally sensitive 
lands; and (3) recreational access enhancement.
    The publication of this notice opens a period for public comment on 
the Consent Decree and the Draft Restoration Plan. Comments on the 
Consent Decree should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and should refer to United 
States and North Dakota v. Summit Midstream Partners, LLC and 
Meadowlark Midstream Company, LLC, D.J. Ref. No. 90-5-2-1-11253. 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:

------------------------------------------------------------------------
        To submit  comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General,
                                      U.S. DOJ--ENRD,
                                      P.O. Box 7611,
                                      Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the 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 $23.00 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the appendices and signature pages, the cost is $16.25.
    Comments on the Draft Restoration Plan may be submitted to the 
Trustees, and should refer to Blacktail Creek--Summit Midstream 
Pipeline Release Settlement Agreement, DOI Reference #9590. All 
comments on the Draft Restoration Plan must be submitted no later than 
30 days after the publication date of this notice. Comments on the 
Draft Restoration Plan may be submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].

[[Page 44057]]

 
By mail.............................  Jessica Johnson
                                      U.S. Fish and Wildlife Service
                                      3425 Miriam Ave.,
                                      Bismarck, ND 58501.
------------------------------------------------------------------------

    During the public comment period, a copy of the Draft Restoration 
Plan will be available electronically at https://www.fws.gov/mountain-prairie/pressrel/archives/index.php and at https://deq.nd.gov/EHSRulesRegs.aspx. A link to the Draft Restoration Plan and updates 
about it will also be made available on the Listserv of the North 
Dakota Department of Environmental Quality (``NDDEQ''). To be placed on 
the Listserv, please visit https://deq.nd.gov/subscriptions/ and self-
register, or contact the NDDEQ by phone at (701) 328-5150, or by email 
at [email protected]. A copy of the Draft Restoration Plan may also be 
examined at 3425 Miriam Avenue, Bismarck ND 58501. Arrangements to view 
the Draft Restoration Plan must be made in advance by contacting (701) 
250-4402.

Susan Akers,
Assistant Section Chief,Environmental Enforcement Section,Environment 
and Natural Resources Division.
[FR Doc. 2021-17093 Filed 8-10-21; 8:45 am]
BILLING CODE 4410-15-P

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