[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44599-44600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17719]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On July 18, 2013, the Department of Justice lodged a proposed
Consent Decree (``Decree'') with the United States District Court for
the Middle District of Pennsylvania in the lawsuit entitled United
States v. XTO Energy, Inc. (``Defendant''), Civil Action No. 4:13-cv-
01954-MWB.
In this action the United States, on behalf of the Environmental
Protection Agency (``EPA''), filed a complaint against Defendant
seeking permanent injunctive relief and civil penalties under the Clean
Water Act (``CWA''), 33 U.S.C. 1251-1387, resulting from unauthorized
discharges of flowback fluid and produced fluid into waters of the
United States from tanks and valves associated with Defendant's
hydraulic fracturing operations at Defendant's well pad and storage
facility located at 301 Marquardt Road, in Penn Township, Lycoming
County, Pennsylvania. Produced fluid and flowback fluid contain
contaminants such as barium, calcium, iron, magnesium, manganese,
potassium, sodium, strontium, bromide, chloride,
[[Page 44600]]
and total dissolved solids. The Decree requires Defendant to undertake
compliance measures to prevent and contain future releases. These
measures include installation of secondary containment, high level
shut-down devices, and caps, flanges and plugs at Defendant's existing
and new natural gas wells within EPA Region 3; implementation of
standard operating procedures for tank loading and unloading; and an
obligation to increase recycling of produced fluid and flowback fluid.
In addition, the Decree requires the Defendant to pay within thirty
(30) days the sum of $100,000 as a civil penalty, together with
interest accruing from the date on which the Decree is lodged with the
court.
The publication of this notice opens a period for public comment on
the Decree. Comments should be addressed to the Acting Assistant
Attorney General, Environment and Natural Resources Division and should
refer to United States v. XTO Energy, Inc., D.J. Ref. 90-5-1-1-10439.
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 Decree may be examined on the
following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy of the 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 in the amount of $10.00 (.25
cents per page reproduction cost) payable to the U.S. Treasury.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2013-17719 Filed 7-23-13; 8:45 am]
BILLING CODE 4410-15-P