[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Pages 5249-5250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2661]


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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Multiple 
Environmental Statutes

    In accordance with United States Department of Justice policy, 28 
CFR 50.7, notice is hereby given that a proposed consent decree in 
United States v. Puerto Rico Electric Power Authority, No. 93-2527, was 
lodged on January 10, 1997, with the United States District Court for 
the District of Puerto Rico. The consent decree resolves the United 
States' claims against the Puerto Rico Electric Authority (``PREPA'') 
that are identified in a complaint filed on October 27, 1993. In that 
complaint, the United States cited PREPA for violations of multiple 
federal and Commonwealth environmental statutes and regulations, 
including: (1) the air quality and emission limitations requirements of 
the Clean Air Act, 42 U.S.C. 7401-7431; (2) the effluent limitations 
and National Pollutant Discharge Elimination System requirements of 
Sections 301 and 402 of the Federal Water Pollution Control Act (the 
``Clean Water Act''), 33 U.S.C. 1311, 1342; (3) the oil pollution 
prevention requirements promulgated at 40 CFR Part 110 pursuant to 
Section 311 of the Clean Water Act; (4) the inventory reporting 
requirements for hazardous chemicals pursuant to Section 312 of the 
Emergency Planning and Community-Right-to-Know Act (``EPCRA''), 42 
U.S.C. 11022; (5) the hazardous substance release reporting 
requirements promulgated at 40 CFR Part 302 pursuant to section 103 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (``CERCLA''), 42 U.S.C. 9603; (6) the hazardous substance release 
reporting requirements of Section 304 of EPCRA; and (7) the underground 
storage tank requirements promulgated at 40 CFR Part 280 pursuant to 
Section 9003 of the Resource Conservation and Recovery Act, 42 U.S.C. 
6991b. The United States sought civil penalties and injunctive relief 
for the violations alleged in the complaint.
    In the proposed consent decree, PREPA agrees to pay a civil penalty 
of $1.5 million; to implement environmental projects costing $3.5 
million; to spend $1 million to hire an Environmental Review Contractor 
to oversee and monitor PREPA's implementation and compliance with the 
proposed consent decree; and to undertake extensive injunctive relief 
designed to assure PREPA's compliance with environmental laws and 
regulations.
    The Department of Justice will receive, for a period of sixty (60) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
U.S. Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Puerto Rico Electric Power Authority,

[[Page 5250]]

DOJ Ref. Number 90-5-2-1-1750 (PREPA).
    The proposed consent decree may be examined at the Office of the 
United States Attorney, Degeteau Federal Building, 150 Chardon Avenue, 
Room 452, Hato Rey, Puerto Rico, 00918; the U.S. Environmental 
Protection Agency, Region II Caribbean Environmental Protection 
Division, Centro Europa Building, 1492 Ponce de Leon Avenue, Suite 417, 
Santurce, Puerto Rico 00907; the Region II Office of the U.S. 
Environmental Protection Agency, 290 Broadway, New York, New York, 
10278; and the Consent Decree Library, 1120 G Street, Northwest, Fourth 
Floor, Washington, District of Columbia 20005, (202) 624-0892. Also, a 
summary of the consent decree may be examined at the locations 
previously listed. A copy of the proposed consent decree may be 
obtained in person or by mail from the Consent Decree Library. In 
requesting a copy of the consent decree, please refer to the case 
identified above and enclose a check, payable to the Consent Decree 
Library, in the amount of $35.75 for the consent decree only 
(reproduction costs at twenty-five cents ($.25) per page) or $67.50 for 
both the consent decree and all attachments and appendices to the 
consent decree (reproduction costs at twenty-five cents ($.25) per 
page). A copy of the consent decree summary may also be obtained in 
person or by mail from the Consent Decree Library. In requesting a copy 
of the consent decree summary, please refer to the case identified 
above and enclose a check, payable to the Consent Decree Library, in 
the amount of $3.25 for the consent decree summary (reproduction costs 
at twenty-five cents ($.25) per page).
Bruce S. Gelber,
Deputy Section Chief, Environmental Enforcement Section.
[FR Doc. 97-2661 Filed 2-3-97; 8:45 am]
BILLING CODE 4410-15-M