Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Windstream Corporation, 44988-44990 [E8-17724]
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Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices
comments.asp. More information about
this project can be viewed or printed on
the ‘‘eLibrary’’ link of Commission’s
Web site at
https://www.ferc.gov/docs-filing/
elibrary.asp. Enter the docket number
(P–13196) in the docket number field to
access the document. For assistance,
call toll-free 1–866–208–3372.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–17640 Filed 7–31–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP08–442–000]
CenterPoint Energy Gas Transmission
Company; Notice of Request Under
Blanket Authorization
mstockstill on PROD1PC66 with NOTICES
July 25, 2008.
Take notice that on July 18, 2008,
CenterPoint Energy Gas Transmission
Company (CEGT), 1111 Louisiana
Street, Houston, Texas 77002–5231,
filed in Docket No. CP08–442–000, a
prior notice request pursuant to sections
157.205 and 157.216 of the Federal
Energy Regulatory Commission’s
regulations under the Natural Gas Act
for authorization to abandon, by sale
and transfer, certain facilities in
Oklahoma, all as more fully set forth in
the application, which is on file with
the Commission and open to public
inspection. The filing may also be
viewed on the Web at https://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, contact FERC at
FERCOnlineSupport@ferc.gov or call
toll-free, (866) 208–3676 or TTY, (202)
502–8659.
Specifically, CEGT proposes to
abandon, by transfer and sale at net
book value of $544,481 as of June 30,
2008, to CenterPoint Energy Resources
Corp., d/b/a Oklahoma Gas, an affiliated
local distribution company, a segment
of Line 11 and entire Line 11–D. CEGT
states that Line 11 consists of 8,126 feet
of 41⁄2 inch steel pipe with two domestic
taps and Line 11–D consists of 16,613
feet of 23⁄8 inch steel diameter pipe with
nine domestic taps, both located in
Comanche County, Oklahoma. CEGT
asserts that Oklahoma Gas will
incorporate these lines as part of its
existing low-pressure distribution
system in Oklahoma.
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19:39 Jul 31, 2008
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Any questions regarding the
application should be directed to
Lawrence O. Thomas, Director-Rates &
Regulatory, CenterPoint Energy Gas
Transmission Company, P.O. Box
21734, Shreveport, Louisiana 71151, or
call (318) 429–2804.
Any person may, within 60 days after
the issuance of the instant notice by the
Commission, file pursuant to Rule 214
of the Commission’s Procedural Rules
(18 CFR 385.214) a motion to intervene
or notice of intervention. Any person
filing to intervene or the Commission’s
staff may, pursuant to section 157.205 of
the Commission’s Regulations under the
Natural Gas Act (NGA) (18 CFR 157.205)
file a protest to the request. If no protest
is filed within the time allowed
therefore, the proposed activity shall be
deemed to be authorized effective the
day after the time allowed for protest. If
a protest is filed and not withdrawn
within 30 days after the time allowed
for filing a protest, the instant request
shall be treated as an application for
authorization pursuant to section 7 of
the NGA.
The Commission strongly encourages
electronic filings of comments, protests,
and interventions via the Internet in lieu
of paper. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the
Commission’s Web site (https://
www.ferc.gov) under the ‘‘e-Filing’’ link.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–17641 Filed 7–31–08; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[Docket ID Number EPA–HQ–OECA–2008–
0230; FRL–8699–6]
Clean Water Act Class II: Proposed
Administrative Settlement, Penalty
Assessment and Opportunity To
Comment Regarding Windstream
Corporation
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: EPA has entered into a
Consent Agreement with Windstream
Corporation (Windstream) to resolve
violations of the Clean Water Act (CWA)
and the Emergency Planning and
Community Right-to-Know Act
(EPCRA), and their implementing
regulations.
The Administrator is hereby
providing public notice of this Consent
Agreement and proposed Final Order,
and providing an opportunity for
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interested persons to comment on this
Consent Agreement, in accordance with
CWA Section 311(b)(6)(C), 33 U.S.C.
1321(b)(6)(c).
Comments are due on or before
September 2, 2008.
ADDRESSES: Comments may be
submitted electronically, by mail, or
through hand delivery/courier. Follow
the detailed instructions as provided in
Section I.B of the SUPPLEMENTARY
INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Beth
Cavalier, Special Litigation and Projects
Division (2248–A), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460;
telephone (202) 564–3271; fax: (202)
564–0010; e-mail:
cavalier.beth@epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under Docket ID No. EPA–HQ–OECA–
2008–0230.
The official public docket consists of
the Consent Agreement, proposed Final
Order, and any public comments
received. Although a part of the official
docket, the public docket does not
include Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
The official public docket is the
collection of materials that is available
for public viewing at the Enforcement
and Compliance Docket Information
Center (ECDIC) in the EPA Docket
Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the ECDIC
is (202) 566–1752. A reasonable fee may
be charged by EPA for copying docket
materials.
2. Electronic Access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at https://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
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of the official public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select ‘‘search,’’
then key in the appropriate docket
identification number.
Certain types of information will not
be placed in the EPA Dockets.
Information claimed as CBI and other
information whose disclosure is
restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA’s electronic public docket. EPA’s
policy is that copyrighted material will
not be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA’s electronic public
docket. When a document is selected
from the index list in EPA Dockets, the
system will identify whether the
document is available for viewing in
EPA’s electronic public docket.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Section I.A.1.
For public commentors, it is
important to note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing in EPA’s electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA’s electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket.
Public comments submitted on
computer disks that are mailed or
delivered to the docket will be
transferred to EPA’s electronic public
docket. Public comments that are
mailed or delivered to the Docket will
be scanned and placed in EPA’s
electronic public docket. Where
practical, physical objects will be
photographed, and the photograph will
be placed in EPA’s electronic public
docket along with a brief description
written by the docket staff.
B. How and To Whom Do I Submit
Comments?
You may submit comments
electronically, by mail, or through hand
delivery/courier. To ensure proper
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receipt by EPA, identify the appropriate
docket identification number in the
subject line on the first page of your
comment. Please ensure that your
comments are submitted within the
specified comment period. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments.
1. Electronically. If you submit an
electronic comment as prescribed
below, EPA recommends that you
include your name, mailing address,
and an e-mail address or other contact
information in the body of your
comment. Also include this contact
information on the outside of any disk
or CD–ROM you submit, and in any
cover letter accompanying the disk or
CD–ROM. This ensures that you can be
identified as the submitter of the
comment and allows EPA to contact you
in case EPA cannot read your comment
due to technical difficulties or needs
further information on the substance of
your comment. EPA’s policy is that EPA
will not edit your comment, and any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
i. EPA Dockets. Your use of EPA’s
electronic public docket to submit
comments to EPA electronically is
EPA’s preferred method for receiving
comments. Go directly to EPA Dockets
at https://www.epa.gov/edocket and
follow the online instructions for
submitting comments. Once in the
system, select ‘‘search,’’ and then key in
Docket ID No. EPA–HQ–OECA–2008–
0230. The system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, e-mail address,
or other contact information unless you
provide it in the body of your comment.
ii. E-mail. Comments may be sent by
electronic mail (e-mail) to
docket.oeca@epa.gov, Attention Docket
ID No. EPA–HQ–OECA–2008–0230. In
contrast to EPA’s electronic public
docket, EPA’s e-mail system is not an
‘‘anonymous access’’ system. If you
send an e-mail comment directly to the
Docket without going through EPA’s
electronic public docket, EPA’s e-mail
system automatically captures your email address. E-mail addresses that are
automatically captured by EPA’s e-mail
system are included as part of the
comment that is placed in the official
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44989
public docket, and made available in
EPA’s electronic public docket.
iii. Disk or CD–ROM. You may submit
comments on a disk or CD–ROM that
you mail to the mailing address
identified in Section I.A.1. These
electronic submissions will be accepted
in WordPerfect or ASCII file format.
Avoid the use of special characters and
any form of encryption.
2. By Mail. Send your comments to:
Enforcement and Compliance Docket
Information Center, Environmental
Protection Agency, Mailcode: 2201T,
1200 Pennsylvania Ave., NW.,
Washington, DC, 20460, Attention
Docket ID No. EPA–HQ–OECA–2008–
0230.
3. By Hand Delivery or Courier.
Deliver your comments to the address
provided in Section I.A.1., Attention
Docket ID No. EPA–HQ–OECA–2008–
0230. Such deliveries are only accepted
during the Docket’s normal hours of
operation as identified in Section I.A.1.
C. How Should I Submit CBI to the
Agency?
Do not submit information that you
consider to be CBI electronically
through EPA’s electronic public docket
or by e-mail. You may claim
information that you submit to EPA as
CBI by marking any part or all of that
information as CBI (if you submit CBI
on disk or CD–ROM, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is CBI). Information so marked will not
be disclosed except in accordance with
procedures set forth in 40 CFR Part 2.
In addition to one complete version of
the comment that includes any
information claimed as CBI, a copy of
the comment that does not contain the
information claimed as CBI must be
submitted for inclusion in the public
docket and EPA’s electronic public
docket. If you submit the copy that does
not contain CBI on disk or CD–ROM,
mark the outside of the disk or CD–ROM
clearly that it does not contain CBI.
Information not marked as CBI will be
included in the public docket and EPA’s
electronic public docket without prior
notice. If you have any questions about
CBI or the procedures for claiming CBI,
please consult the person identified in
the FOR FURTHER INFORMATION CONTACT
section.
II. Background
Windstream Corporation is a
telecommunications company providing
voice, broadband, and entertainment
services to customers in sixteen (16)
states, and is incorporated in the State
of Delaware. Windstream disclosed,
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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
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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]
BILLING CODE 6560–50–P
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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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]]>Agencies
[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 44988-44990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17724]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[Docket ID Number EPA-HQ-OECA-2008-0230; FRL-8699-6]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Windstream
Corporation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has entered into a Consent Agreement with Windstream
Corporation (Windstream) to resolve violations of the Clean Water Act
(CWA) and the Emergency Planning and Community Right-to-Know Act
(EPCRA), and their implementing regulations.
The Administrator is hereby providing public notice of this Consent
Agreement and proposed Final Order, and providing an opportunity for
interested persons to comment on this Consent Agreement, in accordance
with CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(c).
DATES: Comments are due on or before September 2, 2008.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Section I.B of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Special Litigation and
Projects Division (2248-A), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
3271; fax: (202) 564-0010; e-mail: cavalier.beth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. EPA-HQ-OECA-2008-0230.
The official public docket consists of the Consent Agreement,
proposed Final Order, and any public comments received. Although a part
of the official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the Enforcement and
Compliance Docket Information Center (ECDIC) in the EPA Docket Center,
(EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the ECDIC is (202) 566-1752. A reasonable fee may
be charged by EPA for copying docket materials.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at https://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at https://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents
[[Page 44989]]
of the official public docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the appropriate docket identification
number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Section I.A.1.
For public commentors, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD-ROM you submit, and in any cover letter accompanying
the disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at https://www.epa.gov/
edocket and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
EPA-HQ-OECA-2008-0230. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
docket.oeca@epa.gov, Attention Docket ID No. EPA-HQ-OECA-2008-0230. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in Section I.A.1. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send your comments to: Enforcement and Compliance
Docket Information Center, Environmental Protection Agency, Mailcode:
2201T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention
Docket ID No. EPA-HQ-OECA-2008-0230.
3. By Hand Delivery or Courier. Deliver your comments to the
address provided in Section I.A.1., Attention Docket ID No. EPA-HQ-
OECA-2008-0230. Such deliveries are only accepted during the Docket's
normal hours of operation as identified in Section I.A.1.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD-ROM,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR Part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD-ROM, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
II. Background
Windstream Corporation is a telecommunications company providing
voice, broadband, and entertainment services to customers in sixteen
(16) states, and is incorporated in the State of Delaware. Windstream
disclosed,
[[Page 44990]]
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 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]
BILLING CODE 6560-50-P
