[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5275-5276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02263]
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DEPARTMENT OF JUSTICE
Notice of Proposed Settlement Agreement and Draft Restoration
Plan Under The Oil Pollution Act of 1990, and The Clean Water Act
Notice is hereby given that the United States of America, on behalf
of the Department of the Interior (``DOI'') acting through the Fish and
Wildlife Service and the National Park Service, the District of
Columbia, on behalf of the Department of Energy and Environment, and
the Commonwealth of Virginia, acting through the Virginia Department of
Environmental Quality (collectively ``Trustees''), are providing an
opportunity for public comment on a proposed Settlement Agreement
(``Settlement Agreement'') among the DOI, the District of Columbia, the
Commonwealth of Virginia, and
[[Page 5276]]
Virginia Electric and Power Company d/b/a Dominion Energy Virginia
(``Dominion Energy''). The Trustees are also providing notice of an
opportunity for public comment on a draft Damage Assessment and
Restoration Plan (``draft DARP'').
The settlement resolves the civil claims of DOI, the District of
Columbia, and the Commonwealth of Virginia against Dominion Energy
arising under their natural resource trustee authority under the Oil
Pollution Act of 1990 (OPA), 33 U.S.C. 2701 et seq., the natural
resource damages provisions of the Clean Water Act, 33 U.S.C.
1321(f)(4) and (5), and applicable state law for injury to, impairment
of, destruction of, and loss of use of natural resources as a result of
a January 24, 2016 oil spill at the Dominion Energy Crystal City
Substation located in Arlington, Virginia (``Oil Spill''). The Oil
Spill occurred when a transformer tank ruptured at the Crystal City
Substation, spilling approximately 13,500 gallons of mineral oil
dielectric fluid, most of which was recovered from the Substation's
containment facility and through response action. The NPS is also
acting under its authority under the System Unit Resource Protection
Act System, 54 U.S.C. 100723. Further, in accordance with the OPA the
Trustees have written a draft DARP that describes proposed alternatives
for restoring the natural resources and natural resource services
injured by the Oil Spill.
Under the proposed Settlement Agreement, Dominion Energy agrees to
pay $390,385 to the DOI Natural Resource Damage Assessment and
Restoration Fund, (established by 43 U.S.C. 1474b), to be used to
restore, replace, rehabilitate or acquire the equivalent of, those
resources injured by the Oil Spill and to compensate the public for
lost recreational opportunities, as proposed in the draft DARP.
Dominion Energy will receive from the Trustees a covenant not to sue
for the claims resolved by the settlement, including assessment costs.
The publication of this notice opens a period for public comment on
the proposed Settlement Agreement and draft DARP. The Trustees will
receive comments relating to the Settlement Agreement and draft DARP
for a period of thirty (30) days from the date of this publication. A
copy of the proposed Settlement Agreement and the draft DARP are
available electronically at https://parkplanning.nps.gov/projectHome.cfm?projectID=75342. A copy of the proposed Settlement
Agreement and draft DARP may be examined at the George Washington
Memorial Parkway office. Arrangements to view the documents must be
made in advance by contacting the Natural Resource Division at (703)
289-2500. A copy of the Settlement Agreement only may also be obtained
by mail from:
Assistant Solicitor, Environmental Restoration Branch, Office of the
Solicitor, U.S. Department of the Interior, 1849 C Street NW,
Washington, DC 20240.
Please reference: Dominion Energy Virginia Crystal City Substation
Settlement Agreement, DOI-SOL-ERB-2018-001. When requesting a copy of
the Settlement Agreement please enclose a check in the amount of $3.25
(25 cents per page reproduction cost) payable to the United States
Treasury.
Comments on the proposed Settlement Agreement and/or the draft DARP
may be submitted electronically at https://parkplanning.nps.gov/projectHome.cfm?projectID=75342. Additionally, written comments on the
proposed Settlement Agreement and/or draft DARP should be addressed to
Superintendent, George Washington Memorial Parkway Headquarters, Attn.
Dominion DARP, 700 George Washington Memorial Parkway, McLean, VA
22101.
Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-02263 Filed 2-5-18; 8:45 am]
BILLING CODE 4410-15-P