Notice of Lodging of Consent Decree Pursuant to Multiple Environmental Statutes

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]

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