[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40084-40085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16495]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Modification of Consent Decree Under the 
Clean Water Act

    Notice is hereby given that on June 29, 2012, a proposed 
Modification of Consent Decree (``Modification'') in United States of 
America v. Puerto Rico Aqueduct and Sewer Authority, and The 
Commonwealth of Puerto Rico, Civil Action No. 3:10-1365 (SEC) was 
lodged with the United States Court for the District of Puerto Rico. 
The Consent Decree requires the Puerto Rico Aqueduct and Sewer 
Authority (``PRASA'') to, among other things, implement injunctive 
relief measures at 126 water treatment plants (WTPs) over a 15 year 
period throughout the Commonwealth of Puerto Rico. The injunctive 
relief measures are to be implemented in three phases which include 
short-term and mid-term remedial actions; as well as longer term 
capital improvement projects. The details of the injunctive relief 
measures were originally described in Paragraph 8 of the Consent 
Decree, and Appendices C-E attached to the Consent Decree. To date, 
PRASA has completed all of the short-term remedial measures required 
under the Consent Decree. The Consent Decree also required PRASA to 
comply with interim limits at certain WTPs, and the particular interim 
limits were set

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forth in Appendix F attached to the Consent Decree.
    The proposed Modification amends the Consent Decree by expanding 
the scope and extending the deadline for completion of the mid-term 
remedial measures as set forth in Paragraph 8. b. and Appendix D of the 
Consent Decree. The original Consent Decree requires 148 mid-term 
remedial measures to be completed by June 30, 2012. Pursuant to the 
proposed Modification 232 mid-term remedial projects are required to be 
completed under the following schedule: completion of 14 projects by 
June 30, 2012; completion of 37 projects by October 31, 2012; 
completion of 102 projects by December 31, 2012; completion of 72 
projects by March 31, 2013; and completion of the remaining 7 projects 
by June 30, 2013. The proposed Modification also calls for increased 
reporting by PRASA on the status of the mid-term remedial measures, as 
well as four meetings between EPA and PRASA between October 2012 and 
May 2013 to discuss the progress of the remedial measures.
    In addition, the proposed Modification revises Appendix F that sets 
forth interim limits that apply for certain WTPs. Supplemental sampling 
taken after entry of the Consent Decree indicates that revisions to 
some of the interim limits, as originally listed in Appendix F, is 
appropriate, and the proposed Modification replaces original Appendix F 
with a revised Appendix F setting forth the modified interim limits for 
certain WTPs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either emailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
the matter as United States v. Puerto Rico Aqueduct and Sewer Authority 
and the Commonwealth of Puerto Rico, D.J. Ref. 90-5-1-1-08385/2.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Torre Chardon Suite 1201, 350 Carlos Chardon Avenue, 
San Juan, Puerto Rico 00918, and at U.S. EPA CEPD office, City View 
Plaza--Suite 7000, 48 Rd. 165 KM. 1.2, Guaynabo, Puerto Rico 
00968-8069. During the public comment period, the Consent Decree may 
also be examined on the following Department of Justice Web site, 
http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent 
Decree may also be obtained by mail from the Consent Decree Library, 
P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or 
by faxing or emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $27.75 (25 cents per 
page reproduction costs of the Consent Decree) payable to the U.S. 
Treasury or, if by email or fax, forward a check in that amount to the 
Consent Decree Library at the stated address.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resource Division.
[FR Doc. 2012-16495 Filed 7-5-12; 8:45 am]
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