Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Cellco Partnership Doing Business as Verizon Wireless, 29480-29483 [E9-14599]
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29480
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices
Minutes: The minutes of the meeting
will be available on the U.S. Department
of Energy’s Office of Nuclear Physics
Web site for viewing.
DEPARTMENT OF ENERGY
DOE/NSF Nuclear Science Advisory
Committee
AGENCY: Department of Energy, Office of
Science.
ACTION: Notice of open meeting.
SUMMARY: This notice announces a
meeting of the DOE/NSF Nuclear
Science Advisory Committee (NSAC).
Federal Advisory Committee Act (Pub.
L. 92–463, 86 Stat. 770) requires that
public notice of these meetings be
announced in the Federal Register.
DATES: Monday, July 27, 2009, 8 a.m. to
5 p.m.
ADDRESSES: Marriott Crystal City at
Reagan National Airport, 1999 Jefferson
Davis Highway, Arlington, Virginia
22202.
FOR FURTHER INFORMATION CONTACT:
Brenda L. May, U.S. Department of
Energy; SC–26/Germantown Building,
1000 Independence Avenue, SW.,
Washington, DC 20585–1290;
Telephone: 301–903–0536.
SUPPLEMENTARY INFORMATION:
Purpose of Meeting: To provide
advice and guidance on a continuing
basis to the Department of Energy and
the National Science Foundation on
scientific priorities within the field of
basic nuclear science research.
Tentative Agenda: Agenda will
include discussions of the following:
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Monday, July 27, 2009
• Perspectives from Department of
Energy and National Science
Foundation.
• Presentation and Discussion of the
Interim Report II from the Isotope
Subcommittee.
• Discussion of the FY 2010 Budget.
• Discussion of the Committee of
Visitors Charge.
• Public Comment (10-minute rule).
Public Participation: The meeting is
open to the public. If you would like to
file a written statement with the
Committee, you may do so either before
or after the meeting. If you would like
to make oral statements regarding any of
these items on the agenda, you should
contact Brenda L. May, 301–903–0536
or Brenda.May@science.doe.gov (email). You must make your request for
an oral statement at least 5 business
days before the meeting. Reasonable
provision will be made to include the
scheduled oral statements on the
agenda. The Chairperson of the
Committee will conduct the meeting to
facilitate the orderly conduct of
business. Public comment will follow
the 10-minute rule.
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Dated: Issued in Washington, DC on June
17, 2009.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E9–14635 Filed 6–19–09; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Oak Ridge
Reservation
Department of Energy.
Notice of open meeting.
AGENCY:
ACTION:
SUMMARY: This notice announces a
meeting of the Environmental
Management Site-Specific Advisory
Board (EM SSAB), Oak Ridge
Reservation. The Federal Advisory
Committee Act (Pub. L. 92–463, 86 Stat.
770) requires that public notice of this
meeting be announced in the Federal
Register.
DATES: Wednesday, July 8, 2009, 6 p.m.
ADDRESSES: DOE Information Center,
475 Oak Ridge Turnpike, Oak Ridge,
Tennessee.
FOR FURTHER INFORMATION CONTACT: Pat
Halsey, Federal Coordinator,
Department of Energy Oak Ridge
Operations Office, P.O. Box 2001, EM–
90, Oak Ridge, TN 37831. Phone (865)
576–4025; Fax (865) 576–2347 or e-mail:
halseypj@oro.doe.gov or check the Web
site at https://www.oakridge.doe.gov/em/
ssab.
SUPPLEMENTARY INFORMATION:
Purpose of the Board: The purpose of
the Board is to make recommendations
to DOE in the areas of environmental
restoration, waste management, and
related activities.
Tentative Agenda: The main meeting
presentation will be on DOE’s CERCLA
and Other Waste Landfills.
Public Participation: The EM SSAB,
Oak Ridge, welcomes the attendance of
the public at its advisory committee
meetings and will make every effort to
accommodate persons with physical
disabilities or special needs. If you
require special accommodations due to
a disability, please contact Pat Halsey at
least seven days in advance of the
meeting at the phone number listed
above. Written statements may be filed
with the Board either before or after the
meeting. Individuals who wish to make
oral statements pertaining to the agenda
item should contact Pat Halsey at the
address or telephone number listed
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above. Requests must be received five
days prior to the meeting and reasonable
provision will be made to include the
presentation in the agenda. The Deputy
Designated Federal Officer is
empowered to conduct the meeting in a
fashion that will facilitate the orderly
conduct of business. Individuals
wishing to make public comment will
be provided a maximum of five minutes
to present their comments.
Minutes: Minutes will be available by
writing or calling Pat Halsey at the
address and phone number listed above.
Minutes will also be available at the
following Web site: https://
www.oakridge.doe.gov/em/ssab/
minutes.htm.
Issued at Washington, DC on June 17, 2009.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. E9–14636 Filed 6–19–09; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[Docket ID Number EPA–HQ–OECA–2008–
0804; FRL–8920–4]
Clean Water Act Class II: Proposed
Administrative Settlement, Penalty
Assessment and Opportunity To
Comment Regarding Cellco
Partnership Doing Business as Verizon
Wireless
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA has entered into a
consent agreement with Cellco
Partnership doing business as Verizon
Wireless (Verizon or Respondent) to
resolve violations of the Clean Water
Act (CWA), the Emergency Planning
and Community Right-to-Know Act
(EPCRA), and the Clean Air Act (CAA)
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 the
CWA portions of this Consent
Agreement, in accordance with CWA
Section 311(b)(6)(C). Additionally,
notice is being provided on the EPCRA
and CAA portions of this Consent
Agreement.
DATES: Comments are due on or before
July 22, 2009.
ADDRESSES: Comments may be
submitted electronically, by mail, or
through hand delivery/courier. Follow
the detailed instructions as provided in
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices
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)
564–9001; e-mail:
cavalier.beth@epa.gov.
SUPPLEMENTARY INFORMATION:
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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–
2008–0804.
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.regulations.gov/ to submit or view
public comments, access the index
listing of the contents 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
Docket ID No. EPA–HQ–OECA–2008–
0804.
Certain types of information will not
be placed in the EPA Dockets.
Information claimed as CBI and other
information whose disclosure is
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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 commenters, 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.
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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.regulations.gov, 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–
0804. 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–2008–0804. 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
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.
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices
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–
0804.
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–
0804. Such deliveries are only accepted
during the Docket’s normal hours of
operation as identified in Section I.A.1.
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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
Respondent is a telecommunications
company located at One Verizon Way,
Basking Ridge, New Jersey 07920, and
Respondent is a partnership organized
under the laws of the State of Delaware.
On November 3, 2006, Respondent
entered into a Compliance Audit
Agreement with EPA, in which
Respondent agreed to conduct a
systematic, documented, periodic, and
objective review of its compliance with
applicable provisions of the CAA,
EPCRA, and CWA. Respondent further
agreed to submit bi-annual progress
reports detailing the status of the
compliance audit, specific facilities
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reviewed, and detailed information
setting forth violations discovered and
corrective actions taken. Further,
Respondent agreed, in entering into the
Compliance Audit Agreement, to
specific civil penalties for certain
violations of the CWA, EPCRA, and the
CAA. As agreed upon with EPA,
Respondent submitted periodic progress
reports and submitted a final audit
report to EPA on April 18, 2008.
Specifically, Respondent disclosed
that it failed to prepare and implement
a Spill Prevention, Control, and
Countermeasure (SPCC) plan and/or
failed to have adequate secondary
containment in violation of CWA
Section 311(j), 33 U.S.C.1321(j), and 40
CFR part 112 for sixteen facilities
located in the following States:
Alabama, California, Colorado, Idaho,
Louisiana, Maryland, Montana, North
Carolina, Ohio, Texas, and Utah.
EPA, as authorized by CWA Section
311(b)(6), 33 U.S.C. 1321(b)(6), has
assessed a civil penalty for these
violations.
Respondent disclosed that it had
failed to comply with EPCRA Section
302, 42 U.S.C. 11002, and the
regulations found at 40 CFR 355.30,
when it failed to notify the State
Emergency Response Committee (SERC)
for thirteen facilities located in the
following States: California, Georgia,
Illinois, Indiana, Massachusetts,
Maryland, Michigan, New York, and
Texas. EPA, as authorized by EPCRA
Section 325, 42 U.S.C. 11045, has
assessed a civil penalty for these
violations.
In addition, Respondent disclosed
that it had failed to comply with EPCRA
Section 311, 42 U.S.C. 11021, and the
regulations found at 40 CFR 370.21,
when it failed to submit a Material
Safety Data Sheet (MSDS) for a
hazardous chemical(s) or, in the
alternative, a list of such chemicals, at
three hundred thirty-one facilities
located in the following States: Arizona,
California, Colorado, Connecticut,
District of Columbia, Florida, Georgia,
Hawaii, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota,
Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico,
New York, Ohio, Pennsylvania, Rhode
Island, South Carolina, Tennessee,
Texas, Utah, Virginia, Washington, and
Wyoming.
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
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Committee (LEPC), the SERC and the
fire department with jurisdiction over
each facility, at three hundred and
thirty-two facilities located in the
following States: Arizona, California,
Colorado, Connecticut, District of
Columbia, Florida, Georgia, Hawaii,
Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota,
Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico,
New York, Ohio, Pennsylvania, Rhode
Island, South Carolina, Tennessee,
Texas, Utah, Virginia, Washington, and
Wyoming. EPA, as authorized by
EPCRA Section 325, 42 U.S.C. 11045,
has assessed a civil penalty for these
violations.
Respondent further 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 LEPC, the SERC and the fire
department with jurisdiction over each
facility, at two hundred and forty-eight
facilities located in the following States:
Arizona, California, Florida, Georgia,
Indiana, Iowa, Kansas, Kentucky,
Maine, Maryland, Massachusetts,
Minnesota, Missouri, Montana, New
Hampshire, New York, North Dakota,
Ohio, Rhode Island, South Dakota,
Tennessee, Virginia, Washington, and
Wisconsin. However, as Respondent
made a good faith effort to comply and
relied on information from the
manufacturer as to the amount of
sulfuric acid present in the batteries to
make its reporting determination, that
information was later found to be
inaccurate by Respondent, and
Respondent notified EPA of the
potential violations, EPA is not
proposing to assess a penalty for these
violations.
Respondent disclosed that it had
failed to comply with CAA Section 110,
42 U.S.C. 7410, and requirements
adopted as part of State Implementation
Plans (SIPs) for sixty-one facilities
located in the following States:
California, District of Columbia,
Georgia, Maryland, and New Mexico.
EPA, as authorized by CAA Section
113, 42 U.S.C. 7413, has assessed a civil
penalty for these violations.
EPA determined that Respondent
satisfactorily completed its audit and
has met all conditions of the
Compliance Audit Agreement. EPA
proposed a settlement penalty amount
of four hundred sixty-eight thousand
and six hundred dollars ($468,600).
This amount is based on the penalty
amounts agreed upon in the Compliance
Audit Agreement for certain violations
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices
and reflects consideration of potential
economic benefit gained by Respondent,
attributable to its delayed compliance
with the CWA, EPCRA, and CAA
regulations, and the potential for harm
that could have resulted from the
violations.
The total civil penalty assessed for
settlement purposes is four hundred
sixty-eight thousand and six hundred
dollars ($468,600). 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 May 14,
2009 (In Re: Cellco Partnership doing
business as Verizon Wireless. Docket
Nos. CWA–HQ–2008–8002, EPCRA–
HQ–2008–8002, CAA–HQ–2008–8002).
This consent agreement is subject to
public notice and comment under CWA
Section 311(b)(6), 33 U.S.C. 1321(b)(6).
The full consent agreement is available
for public review and comment at
https://www.regulations.gov, Docket ID
No. EPA–HQ–OECA–2008–0804.
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
$177,500 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.
Under CAA Section 113, 42 U.S.C.
7413, the Administrator may issue an
administrative penalty order to any
person who has violated or is in
violation of any requirement or
prohibition of an applicable
implementation plan or permit.
Proceedings under CAA Section 113, 42
U.S.C. 7413, 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
proposed final order July 22, 2009. All
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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), EPA
will not issue an order in this
proceeding prior to the close of the
public comment period.
Dated: June 10, 2009.
Bernadette Rappold,
Director, Special Litigation and Projects
Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. E9–14599 Filed 6–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8921–1]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Auburn, ME Sewerage District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Auburn, Maine Sewerage District
for the purchase of specialized ductile
iron spring loaded hinged 24″ diameter
sanitary manhole covers and frames
(i.e., ‘‘REXUS #62114 24S or equal’’).
These manhole covers and frames are
manufactured outside of the United
States by Saint-Gobain, a company
based in France, and meet the District’s
technical specifications, which have
been in use for at least the past five
years. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The Auburn, Maine
Sewerage District has provided
sufficient documentation to support its
request. The Assistant Administrator of
the Office of Administration and
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of specific ductile
iron manhole covers and frames for the
proposed project being implemented by
the Auburn, Maine Sewerage District.
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DATES:
29483
Effective Date: May 13, 2009.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or David Chin,
Environmental Engineer, (617) 918–
1764, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, One Congress Street, CMU,
Boston, MA 02114.
SUPPLEMENTARY INFORMATION:
In accordance with ARRA Section
1605(c) and pursuant to Section
1605(b)(2) of Public Law 111–5, Buy
American requirements, EPA hereby
provides notice that it is granting a
project waiver to the Auburn, Maine
Sewerage District for the acquisition of
specialized ductile iron spring loaded
hinged 24″ diameter sanitary manhole
covers and frames (i.e., ‘‘REXUS #62114
24S or equal’’) manufactured outside of
the United States by Saint-Gobain, a
company based in France.
Section 1605 of the ARRA requires
that none of the appropriated funds may
be used for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The Auburn, Maine Sewerage District
has stated that for at least the past five
years it has standardized its manhole
cover procurement on ductile iron
covers and integrated frames. The
District has utilized specialized 24″
diameter spring loaded hinged ductile
iron sanitary manhole covers and frames
(i.e., ‘‘REXUS #62114 24S or equal’’)
within its collection system. The
reasons for the District’s standard
include:
(1) The product is more durable in a
colder climate than comparable cast
iron products; and (2) a spring loaded
hinged and locking cover is much more
secure and safer (e.g. the cover will not
flip off when hit by a larger vehicle and
will automatically lock in the vertical
position to avoid inadvertent closure).
The District’s submission clearly
articulates entirely functional reasons
for its technical specifications, and has
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Pages 29480-29483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14599]
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ENVIRONMENTAL PROTECTION AGENCY
[Docket ID Number EPA-HQ-OECA-2008-0804; FRL-8920-4]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Cellco
Partnership Doing Business as Verizon Wireless
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with Cellco
Partnership doing business as Verizon Wireless (Verizon or Respondent)
to resolve violations of the Clean Water Act (CWA), the Emergency
Planning and Community Right-to-Know Act (EPCRA), and the Clean Air Act
(CAA) 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 the CWA portions of this Consent
Agreement, in accordance with CWA Section 311(b)(6)(C). Additionally,
notice is being provided on the EPCRA and CAA portions of this Consent
Agreement.
DATES: Comments are due on or before July 22, 2009.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in
[[Page 29481]]
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) 564-9001; 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-2008-0804.
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.regulations.gov/ to submit or view
public comments, access the index listing of the contents 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 Docket ID No. EPA-HQ-OECA-2008-0804.
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 commenters, 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.regulations.gov, and follow the online instructions for submitting
comments. Once in the system, select ``search,'' and then key in Docket
ID No. EPA-HQ-OECA-2008-0804. 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-2008-0804. 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.
[[Page 29482]]
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-2008-0804.
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-2008-0804. 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
Respondent is a telecommunications company located at One Verizon
Way, Basking Ridge, New Jersey 07920, and Respondent is a partnership
organized under the laws of the State of Delaware.
On November 3, 2006, Respondent entered into a Compliance Audit
Agreement with EPA, in which Respondent agreed to conduct a systematic,
documented, periodic, and objective review of its compliance with
applicable provisions of the CAA, EPCRA, and CWA. Respondent further
agreed to submit bi-annual progress reports detailing the status of the
compliance audit, specific facilities reviewed, and detailed
information setting forth violations discovered and corrective actions
taken. Further, Respondent agreed, in entering into the Compliance
Audit Agreement, to specific civil penalties for certain violations of
the CWA, EPCRA, and the CAA. As agreed upon with EPA, Respondent
submitted periodic progress reports and submitted a final audit report
to EPA on April 18, 2008.
Specifically, Respondent disclosed that it failed to prepare and
implement a Spill Prevention, Control, and Countermeasure (SPCC) plan
and/or failed to have adequate secondary containment in violation of
CWA Section 311(j), 33 U.S.C.1321(j), and 40 CFR part 112 for sixteen
facilities located in the following States: Alabama, California,
Colorado, Idaho, Louisiana, Maryland, Montana, North Carolina, Ohio,
Texas, and Utah.
EPA, as authorized by CWA Section 311(b)(6), 33 U.S.C. 1321(b)(6),
has assessed a civil penalty for these violations.
Respondent disclosed that it had failed to comply with EPCRA
Section 302, 42 U.S.C. 11002, and the regulations found at 40 CFR
355.30, when it failed to notify the State Emergency Response Committee
(SERC) for thirteen facilities located in the following States:
California, Georgia, Illinois, Indiana, Massachusetts, Maryland,
Michigan, New York, and Texas. EPA, as authorized by EPCRA Section 325,
42 U.S.C. 11045, has assessed a civil penalty for these violations.
In addition, Respondent disclosed that it had failed to comply with
EPCRA Section 311, 42 U.S.C. 11021, and the regulations found at 40 CFR
370.21, when it failed to submit a Material Safety Data Sheet (MSDS)
for a hazardous chemical(s) or, in the alternative, a list of such
chemicals, at three hundred thirty-one facilities located in the
following States: Arizona, California, Colorado, Connecticut, District
of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Texas, Utah, Virginia, Washington, and Wyoming.
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 Committee (LEPC), the
SERC and the fire department with jurisdiction over each facility, at
three hundred and thirty-two facilities located in the following
States: Arizona, California, Colorado, Connecticut, District of
Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, Ohio, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Texas, Utah, Virginia, Washington, and Wyoming. EPA, as
authorized by EPCRA Section 325, 42 U.S.C. 11045, has assessed a civil
penalty for these violations.
Respondent further 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 LEPC, the SERC and the fire department with
jurisdiction over each facility, at two hundred and forty-eight
facilities located in the following States: Arizona, California,
Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland,
Massachusetts, Minnesota, Missouri, Montana, New Hampshire, New York,
North Dakota, Ohio, Rhode Island, South Dakota, Tennessee, Virginia,
Washington, and Wisconsin. However, as Respondent made a good faith
effort to comply and relied on information from the manufacturer as to
the amount of sulfuric acid present in the batteries to make its
reporting determination, that information was later found to be
inaccurate by Respondent, and Respondent notified EPA of the potential
violations, EPA is not proposing to assess a penalty for these
violations.
Respondent disclosed that it had failed to comply with CAA Section
110, 42 U.S.C. 7410, and requirements adopted as part of State
Implementation Plans (SIPs) for sixty-one facilities located in the
following States: California, District of Columbia, Georgia, Maryland,
and New Mexico.
EPA, as authorized by CAA Section 113, 42 U.S.C. 7413, has assessed
a civil penalty for these violations.
EPA determined that Respondent satisfactorily completed its audit
and has met all conditions of the Compliance Audit Agreement. EPA
proposed a settlement penalty amount of four hundred sixty-eight
thousand and six hundred dollars ($468,600). This amount is based on
the penalty amounts agreed upon in the Compliance Audit Agreement for
certain violations
[[Page 29483]]
and reflects consideration of potential economic benefit gained by
Respondent, attributable to its delayed compliance with the CWA, EPCRA,
and CAA regulations, and the potential for harm that could have
resulted from the violations.
The total civil penalty assessed for settlement purposes is four
hundred sixty-eight thousand and six hundred dollars ($468,600).
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 May 14, 2009 (In
Re: Cellco Partnership doing business as Verizon Wireless. Docket Nos.
CWA-HQ-2008-8002, EPCRA-HQ-2008-8002, CAA-HQ-2008-8002). This consent
agreement is subject to public notice and comment under CWA Section
311(b)(6), 33 U.S.C. 1321(b)(6). The full consent agreement is
available for public review and comment at https://www.regulations.gov,
Docket ID No. EPA-HQ-OECA-2008-0804.
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 $177,500 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.
Under CAA Section 113, 42 U.S.C. 7413, the Administrator may issue
an administrative penalty order to any person who has violated or is in
violation of any requirement or prohibition of an applicable
implementation plan or permit. Proceedings under CAA Section 113, 42
U.S.C. 7413, 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 proposed final order July 22, 2009. 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), EPA
will not issue an order in this proceeding prior to the close of the
public comment period.
Dated: June 10, 2009.
Bernadette Rappold,
Director, Special Litigation and Projects Division, Office of
Enforcement and Compliance Assurance.
[FR Doc. E9-14599 Filed 6-19-09; 8:45 am]
BILLING CODE 6560-50-P
