Environmental Impact Statements and Regulations; Availability of EPA Comments, 44990-44991 [E8-17718]
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44990
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices
pursuant to EPA’s policy entitled
‘‘Incentives for Self-Policing: Discovery,
Disclosure, Correction and Prevention of
Violations’’ (Audit Policy), 65 FR 19618
(April 11, 2000), violations of the CWA
and EPCRA, and their implementing
regulations.
Specifically, Windstream disclosed
that it failed to prepare and implement
a Spill Prevention, Control, and
Countermeasure (SPCC) Plan for its
Concord, NC facility in violation of
CWA Section 311(j), 33 U.S.C. 1321(j),
and 40 CFR part 112. EPA, as authorized
by CWA Section 311(b)(6), 33 U.S.C.
1321(b)(6), has assessed a civil penalty
for this violation.
In addition, Respondent disclosed
that it had failed to comply with EPCRA
Section 312, 42 U.S.C. 11022, and the
regulations found at 40 CFR 370.25,
when it failed to prepare and submit
emergency and chemical inventory
forms to the Local Emergency Planning
Commission (LEPC), the State
Emergency Response Committee
(SERC), and the fire department with
jurisdiction over each facility, at the
following facilities: Brownfield, TX;
Dalhart, TX; Dimmitt, TX; Dumas, TX;
Hubbard, TX; Levelland, TX; Glen Rose,
TX; Littlefield, TX; Crockett, TX;
DeKalb, TX; Spearman, TX; Seymour,
TX; Pecos, TX; Newton, TX; Lubbock,
TX; Trinity, TX; Texarkana, TX; New
Boston, TX; Memphis, TX; Fairfield, TX;
Crosbyton, TX; Higgins, TX; Follett, TX;
Darrouzett, TX; Panhandle, TX; Lamesa,
TX; Claude, TX; MoBeetie, TX;
Burkeville, TX; Baird, TX; Hart, TX;
Orla, TX; Perryton, TX; Cuba, NM;
Ruidoso, NM; White City, NM; Hobbs,
NM; Espanola, NM; Checotah, OK;
Wagoner, OK; Barnsdall, OK; Lindsay,
OK; Albemarle, NC; Charlotte, NC;
Concord, NC; and Harrisburg, NC. EPA,
as authorized by EPCRA Section 325, 42
U.S.C. 11045, has assessed a civil
penalty for these violations.
EPA determined that Respondent met
the criteria set out in the Audit Policy
for a 100% waiver of the gravity
component of the penalty for the CWA
and EPCRA violations. Therefore, EPA
proposes to waive the gravity-based
penalty of $414,290 and proposes a
settlement penalty amount of $11,333.
This is the amount of the economic
benefit gained by Respondent,
attributable to its delayed compliance
with the CWA and EPCRA regulations.
Of this amount, $861 is attributable to
the CWA–SPCC violation, and $10,472
is attributable to the EPCRA violations.
The total civil penalty assessed for
settlement purposes is eleven thousand
three hundred and thirty-three dollars
($11,333). Respondent has agreed to pay
this amount. EPA and Respondent
VerDate Aug<31>2005
19:39 Jul 31, 2008
Jkt 214001
negotiated and signed an administrative
Consent Agreement, following the
Consolidated Rules of Practice, 40 CFR
22.13(b), on June 27, 2008 (In Re:
Windstream Corporation, Docket Nos.
CWA–HQ–2008–8001, EPCRA–HQ–
2008–8001). This Consent Agreement is
subject to public notice and comment
under CWA Section 311(b)(6), 33 U.S.C.
1321(b)(6).
Under CWA Section 311(b)(6)(A), 33
U.S.C. 1321(b)(6)(A), any owner,
operator, or person in charge of a vessel,
onshore facility, or offshore facility from
which oil is discharged in violation of
CWA Section 311(b)(3), 33 U.S.C.
1321(b)(3), or who fails or refuses to
comply with any regulations that have
been issued under CWA Section 311(j),
33 U.S.C. 1321(j), may be assessed an
administrative civil penalty of up to
$157,500 by EPA. Class II proceedings
under CWA Section 311(b)(6), 33 U.S.C.
1321(b)(6), are conducted in accordance
with 40 CFR Part 22.
Under EPCRA Section 325, 42 U.S.C.
11045, the Administrator may issue an
administrative order assessing a civil
penalty against any person who has
violated applicable emergency planning
or right-to-know requirements, or any
other requirement of EPCRA.
Proceedings under EPCRA Section 325,
42 U.S.C. 11045, are conducted in
accordance with 40 CFR Part 22.
The procedures by which the public
may comment on a proposed Class II
penalty order, or participate in a CWA
Class II penalty proceeding, are set forth
in 40 CFR 22.45. The deadline for
submitting public comment on this
Consent Agreement is September 2,
2008. All comments will be transferred
to the Environmental Appeals Board
(EAB) of EPA for consideration. The
powers and duties of the EAB are
outlined in 40 CFR 22.4(a).
Pursuant to CWA Section
311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C),
EPA will not issue an order in this
proceeding prior to the close of the
public comment period.
Dated: July 17, 2008.
Bernadette Rappold,
Director, Special Litigation and Projects
Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. E8–17724 Filed 7–31–08; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8584–3]
Environmental Impact Statements and
Regulations; Availability of EPA
Comments
Availability of EPA comments
prepared pursuant to the Environmental
Review Process (ERP), under section
309 of the Clean Air Act and Section
102(2)(c) of the National Environmental
Policy Act as amended. Requests for
copies of EPA comments can be directed
to the Office of Federal Activities at
202–564–7146.
An explanation of the ratings assigned
to draft environmental impact
statements (EISs) was published in FR
dated April 6, 2008 (73 FR 19833).
Draft EISs
EIS No. 20080197, ERP No. D–BLM–
K60041–NV, Lincoln County Land Act
(LCLA) Groundwater Development
and Utility Right-of-Way Project,
Implementation, To Grant a Right-ofWay Permit for Groundwater
Development and Utility Facilities,
Lincoln County, NV.
Summary: EPA expressed
environmental concerns about the longterm availability of the water supply,
conservation and water use efficiency,
and indirect and cumulative impacts,
and recommended continued
collaboration through a regional
groundwater framework to ensure
efficient long-term sustainable use of the
deep carbonate-rock aquifer, and
evaluation and commitment to specific
climate change adaptation measures and
back-up water supplies. Rating EC2.
EIS No. 20080200, ERP No. D–AFS–
J65515–UT, Dixie National Forest
Motorized Travel Plan,
Implementation, Dixie National and
the Teasdale portion of the Fremont
River Ranger District on the Fishlake
National Forest, Garfield, Iron, Kane,
Piute, Washington and Wayne
Counties, UT.
Summary: EPA does not object to the
proposed action. Rating LO.
EIS No. 20080209, ERP No. D–AFS–
J65516–WY, Inyan Kara Analysis Area
Vegetation Management, Proposes to
Implement Best Management
Livestock Grazing Practices and
Activities Associated with Adaptive
Management and Monitoring
Strategies, Douglas Ranger District,
Medicine Bow Routt National Forest
and Thunder Basin National
Grassland, Niobrara and Weston
Counties, WY.
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Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices
Summary: EPA expressed
environmental concerns about potential
water quality impacts to riparian/stream
systems due to past grazing activities.
EPA supports adaptive management
practices proposed by the Forest Service
for improve existing resource conditions
impacted by grazing and long-term
drought. EPA requested that the final
EIS include a drought management plan
and baseline data for monitoring and
protecting water quality. Rating EC2.
EIS No. 20080219, ERP No. D–NOA–
E39073–00, Programmatic—Coral
Restoration in the Florida Keys and
Flower Garden Banks National Marine
Sanctuaries, Implementation, FL, TX,
and LA.
Summary: EPA does not object to the
proposed action, but requested
additional data to clarify timeframes of
coral growth and the level of effort to
conduct the restoration projects. Rating
LO.
Dated: July 29, 2008.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. E8–17718 Filed 7–31–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8584–2]
mstockstill on PROD1PC66 with NOTICES
Environmental Impacts Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–7167 or https://www.epa.gov/
compliance/nepa/.
Weekly receipt of Environmental Impact
Statements
Filed 07/21/2008 Through 07/25/2008.
Pursuant to 40 CFR 1506.9.
EIS No. 20080285, Final EIS, NPS, MT,
Avalanche Hazard Reduction Project,
Issuance of Special Use Permit for the
Use of Explosives in the Park,
Burlington Northern Santa Fe
Railway, Glacier National Park,
Flathead National Forest, Flathead
and Glacier Counties, MT, Wait
Period Ends: 09/02/2008, Contact:
Chas Cartwright 406–888–7898.
EIS No. 20080286, Final EIS, AFS, UT,
Pockets Resource Management
Project, Proposes to Salvage Dead and
Dying Spruce/Fir, Regenerate Aspen,
and Manage Travel, Escalate Ranger
District, Dixie National Forest,
Garfield County, UT, Wait Period
Ends: 09/02/2008, Contact: Robert G.
MacWhorter 435–826–5400.
EIS No. 20080287, Final EIS, BLM, UT,
Moab Field Office Planning Area,
VerDate Aug<31>2005
19:39 Jul 31, 2008
Jkt 214001
Resource Management Plan,
Implementation, Grand and San Juan
Counties, UT, Wait Period Ends: 09/
02/2008, Contact: Brent Northrup
435–259–2100.
EIS No. 20080288, Draft Supplement,
NOA, 00, Amendment 16 to the
Fishery Management Plan for the
Snapper Grouper Fishery, Additional
Information to Analyze Four New
Management Measures Alternatives
for Gag and Vermillion Snapper,
Implementation, South Atlantic
Region, Comment Period Ends: 09/15/
2008, Contact: Dr. Roy E. Crabtree
727–824–5305.
EIS No. 20080289, Final EIS, FTA, TX,
Northwest Corridor Light Rail Transit
Line (LRT) to Irving/Dallas/Fort
Worth International Airport,
Construction, Dallas County, TX, Wait
Period Ends: 09/02/2008, Contact:
Elizabeth Zekasko 202–366–0244.
EIS No. 20080290, Draft EIS, STB, 00,
Elgin, Joliet & Eastern Railroad
(Finance Docket No. 35087) Proposed
Acquisition by Canadian National
(CN) Railway and Grand Trunk
Corporation to connect all Five of
CN’s Rail lines, Chicago, Illinois and
Gary, Indiana, Comment Period Ends:
09/30/2008, Contact: Phillis JohnsonBall 202–245–0304.
EIS No. 20080291, Draft EIS, AFS, CO,
Colorado Roadless Areas Rulemaking,
Proposes to Promulgate a StateSpecific Rule to Manage Roadless
Values and Characteristics, Colorado
Forests with Roadless Areas include:
Arapaho and Roosevelt: Grand Mesa,
Uncompahgre, and Gunnison; MantiLa Sal (portion in Colorado); Pike and
San Isabel; Rio Grande; Routt: San
Juan; and White River National
Forests, CO, Comment Period Ends:
10/23/2008, Contact: Kathy Kurtz
303–275–5083.
EIS No. 20080292, Draft EIS, IBR, CA,
Millerton Lake Resource Management
Plan (RMP) and General Plan,
Implementation, Fresno and Madera
Counties, CA, Comment Period Ends:
09/15/2008, Contact: Robert Epperson
559–269–4518.
EIS No. 20080293, Draft EIS, IBR, CA,
Cachuma Lake Resource Management
Plan, Implementation, Cachuma Lake,
Santa Barbara County, CA, Comment
Period Ends: 09/15/2008, Contact:
Sharon McHale 916–989–7172.
EIS No. 20080294, Final EIS, FHW, VA,
U.S. 460 Location Study Project,
Transportation Improvements from I–
295 in Prince George County to the
Interchange of Route 460 and 58 along
the Suffolk Bypass, Funding, U.S.
Army COE Section 10 and 404
Permits, Prince George, Sussex, Surry,
Southampton and Isle of Wight
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44991
Counties, VA, Wait Period Ends: 09/
02/2008, Contact: Kenneth Myers
804–775–3353.
Amended Notices
EIS No. 20080227, Second Draft
Supplement, TPT, CA, Presidio Trust
Management Plan (PTMP), Updated
Information on the Concept for the
120-Acre Main Post District, Area B of
the Presidio of San Francisco,
Implementation, City and County of
San Francisco, CA, Comment Period
Ends: 09/19/2008, Contact: John G.
Pelka 415–561–5300.
Revision to FR Notice Published:
Extending Comment Period from 07/31/
2008 to 09/19/2008.
Dated: July 29, 2008.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. E8–17722 Filed 7–31–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OECA–2007–0291; FRL–8700–2]
Interim Approach to Applying the Audit
Policy to New Owners
Environmental Protection
Agency.
ACTION: Notice; request for comment.
AGENCY:
SUMMARY: The Environmental Protection
Agency (‘‘EPA’’ or ‘‘the Agency’’)
announces and requests comment on its
Interim Approach to Applying the Audit
Policy to New Owners (‘‘Interim
Approach’’). (EPA’s April 11, 2000
policy on ‘‘Incentives for Self-Policing:
Discovery, Disclosure, Correction and
Prevention of Violations,’’ is commonly
referred to as the ‘‘Audit Policy’’ (65 FR
19618).) This Interim Approach offers a
detailed description of how EPA will
apply its Audit Policy to new owners of
regulated facilities. Under the Interim
Approach, EPA will offer certain
incentives specifically tailored to new
owners that want to make a ‘‘clean
start’’ at their newly acquired facilities
by addressing environmental
noncompliance that began prior to
acquisition. This Interim Approach is
designed to motivate new owners to
audit newly acquired facilities and use
the Audit Policy to disclose, correct,
and prevent the recurrence of violations.
It is also designed to encourage selfdisclosures of violations that will, once
corrected, yield significant pollutant
reductions and benefits to the
environment. The incentives tailored for
new owners include penalty mitigation
E:\FR\FM\01AUN1.SGM
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Agencies
[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 44990-44991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17718]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-8584-3]
Environmental Impact Statements and Regulations; Availability of
EPA Comments
Availability of EPA comments prepared pursuant to the Environmental
Review Process (ERP), under section 309 of the Clean Air Act and
Section 102(2)(c) of the National Environmental Policy Act as amended.
Requests for copies of EPA comments can be directed to the Office of
Federal Activities at 202-564-7146.
An explanation of the ratings assigned to draft environmental
impact statements (EISs) was published in FR dated April 6, 2008 (73 FR
19833).
Draft EISs
EIS No. 20080197, ERP No. D-BLM-K60041-NV, Lincoln County Land Act
(LCLA) Groundwater Development and Utility Right-of-Way Project,
Implementation, To Grant a Right-of-Way Permit for Groundwater
Development and Utility Facilities, Lincoln County, NV.
Summary: EPA expressed environmental concerns about the long-term
availability of the water supply, conservation and water use
efficiency, and indirect and cumulative impacts, and recommended
continued collaboration through a regional groundwater framework to
ensure efficient long-term sustainable use of the deep carbonate-rock
aquifer, and evaluation and commitment to specific climate change
adaptation measures and back-up water supplies. Rating EC2.
EIS No. 20080200, ERP No. D-AFS-J65515-UT, Dixie National Forest
Motorized Travel Plan, Implementation, Dixie National and the Teasdale
portion of the Fremont River Ranger District on the Fishlake National
Forest, Garfield, Iron, Kane, Piute, Washington and Wayne Counties, UT.
Summary: EPA does not object to the proposed action. Rating LO.
EIS No. 20080209, ERP No. D-AFS-J65516-WY, Inyan Kara Analysis Area
Vegetation Management, Proposes to Implement Best Management Livestock
Grazing Practices and Activities Associated with Adaptive Management
and Monitoring Strategies, Douglas Ranger District, Medicine Bow Routt
National Forest and Thunder Basin National Grassland, Niobrara and
Weston Counties, WY.
[[Page 44991]]
Summary: EPA expressed environmental concerns about potential water
quality impacts to riparian/stream systems due to past grazing
activities. EPA supports adaptive management practices proposed by the
Forest Service for improve existing resource conditions impacted by
grazing and long-term drought. EPA requested that the final EIS include
a drought management plan and baseline data for monitoring and
protecting water quality. Rating EC2.
EIS No. 20080219, ERP No. D-NOA-E39073-00, Programmatic--Coral
Restoration in the Florida Keys and Flower Garden Banks National Marine
Sanctuaries, Implementation, FL, TX, and LA.
Summary: EPA does not object to the proposed action, but requested
additional data to clarify timeframes of coral growth and the level of
effort to conduct the restoration projects. Rating LO.
Dated: July 29, 2008.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. E8-17718 Filed 7-31-08; 8:45 am]
BILLING CODE 6560-50-P