[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