25548 Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices 

million. The proposed Fifth 

Modification to the Consent Decree 

extends interim deadlines for up to five 

years for bid and construction dates on 

four IOCP projects, including the 

installation of a wetland treatment 

system to replace Bee Slough, but does 

not extend the final completion 

deadline. The proposed modification 

also clarifies and replaces some design 

criteria and imposes some additional 

requirements on various other 

improvement projects under the decree. 

The publication of this notice opens 

a period for public comment on the 

Fifth Modification to the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and should refer to United 

States and the State of Indiana v. The 

City of Evansville, et al., D.J. Ref. No. 

90–5–1–1–08738. 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. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the proposed Fifth Modification to 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 

proposed 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 $5.75 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Patricia Mckenna, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2022–09234 Filed 4–28–22; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Notice Lodging of Proposed Consent 

Decree Amendment Under the Clean 

Water Act 

On April 19, 2022, the Department of 

Justice lodged a proposed Second 

Amendment to Consent Decree 

(‘‘Second Amendment’’) with the 

United States District Court for the 

Northern District of Ohio in the lawsuit 

entitled United States and State of Ohio 

v. City of Toledo, Ohio, Civil Action No. 

3:91–7646. 

The Court entered a consent decree in 

this case on December 16, 2002, which 

resolved violations the United States 

and State of Ohio alleged under the 

Clean Water Act and Toledo’s 

wastewater treatment discharge permit 

for the City of Toledo’s (the ‘‘City’’) 

discharges from the City’s treatment 

plant and sewer system. The consent 

decree, as subsequently amended in 

2011, required Toledo, pertinent to the 

Second Amendment to: (1) Expand 

treatment plant capacity to handle the 

greater amounts of sewage combined 

with storm water or snowmelt arriving 

at the treatment plant during such wet 

weather periods; (2) implement a Long 

Term Control Plan to reduce the 

discharges of combined stormwater and 

sanitary sewage from the portions of 

Toledo’s sewer system known as the 

City’s combined sewer system, which 

among other things, requires Toledo to 

construct extensions to tunnels that 

store such combined sewage during 

periods of rain or snowmelt for 

transport to the City’s wastewater 

treatment plant following such periods; 

and (3) study the effectiveness of 

pathogen removal in the wet weather 

system Toledo constructed at its 

wastewater treatment plant pursuant to 

the consent decree. 

The proposed Second Amendment 

requires the City to construct separate 

storm sewers instead of the Swan Creek 

North Tunnel Extension. The storm 

sewer construction is intended to 

reduce congestion in Toledo’s combined 

sewer system more than the tunnel 

extension would, resulting in fewer 

combined sewage discharges and less 

total volume of sewer overflows into 

Swan Creek. Second, the Second 

Amendment authorizes changes in one 

of the discharge locations from the 

combined sewer system located near 

Jamie Farr Park after three combined 

sewer outfalls are combined into one. 

Both locations are at the Maumee River; 

they are about 0.4 miles apart. The 

original planned consolidated outfall 

was located southeast of the intersection 

of Summit Street and Galena Street, 

while the location of the consolidated 

outfall under this amendment is located 

southeast of the intersection of Summit 

Street and Columbus Street. The 

original planned consolidated outfall 

was located southeast of the intersection 

of Summit Street and Galena Street, 

while the new one is located southeast 

of the intersection of Summit Street and 

Columbus Street. Third, the amendment 

allows the City to conclude the 

pathogen removal study early, after the 

parties realized that undertaking any 

additional study would not provide 

additional information pertinent to 

pathogen removal issues. 

The publication of this notice opens 

a period for public comment on the 

Second Amendment. Comments should 

be addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States and State of Ohio v. City 

of Toledo, D.J. Ref. No. 90–5–1–1–3554. 

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. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 

During the public comment period, 

the Second Amendment may be 

examined and downloaded at this 

Justice Department website: http://

www.justice.gov/enrd/consent-decrees. 

We will provide a paper copy of the 

Second Amendment 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 $4 (25 cents per page reproduction 

cost) payable to the United States 

Treasury. 

Patricia McKenna, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2022–09212 Filed 4–28–22; 8:45 am] 

BILLING CODE 4410–15–P 


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