Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding HSBC USA Inc. and HSBC Finance Corporation, 45637-45639 [E9-21289]
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Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices
in Docket No. CP06–451–000 [119 FERC
¶ 61,309 (2007)].
The filing may 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, (886) 208–3676 or TYY, (202)
502–8659.
Specifically, the facilities to be
constructed by KMLP include
approximately 300 feet of 24-inch
lateral, a bi-directional meter station,
piping and valves, electronic flow
measurement equipment and such other
appurtenant facilities as deemed
necessary. The remainder of the
interconnect facilities will be
constructed by Egan Hub. This
interconnect will allow KMLP to deliver
up to 500 million standard cubic feet
per day of re-vaporized liquefied natural
gas to Egan Hub and subsequently to
receive like quantities of gas from Egan
Hub. The interconnect facilities will
provide shippers on KMLP’s system
access to a new storage development.
The estimated cost of the project is
approximately $4.85 million. The
proposed in-service date for the
interconnect facilities is March 1, 2010.
Any questions regarding this
application may be directed to Norman
Watson, Director, Business
Development, Kinder Morgan Louisiana
Pipeline LLC, 500 Dallas Street, Suite
1000, Houston, Texas 77002 (713) 369–
9219; or to Bruce Newsome, Vice
President, 3250 Lacey Road, Suite 700,
Downers Grove, IL 60515, (630) 725–
3070.
Any person or the Commission’s Staff
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 and, pursuant to section
157.205 of the Commission’s
Regulations under the NGA (18 CFR
157.205) 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a protest is filed and not withdrawn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://
VerDate Nov<24>2008
16:27 Sep 02, 2009
Jkt 217001
www.ferc.gov) under the ‘‘e-Filing’’ link.
Persons unable to file electronically
should submit an original and 14 copies
of the protest or intervention to the
Federal Energy regulatory Commission,
888 First Street, NE., Washington, DC
20426.
Comment Date: 5 p.m. Eastern Time
on October 26, 2009.
Kimberly D. Bose,
Secretary.
[FR Doc. E9–21239 Filed 9–2–09; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[Docket ID Number EPA–HQ–OECA–2008–
0803; FRL–8952–6]
Clean Water Act Class II: Proposed
Administrative Settlement, Penalty
Assessment and Opportunity To
Comment Regarding HSBC USA Inc.
and HSBC Finance Corporation
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA has entered into a
Consent Agreement with HSBC Finance
Corporation and HSBC USA Inc. (HSBC
or Respondent) to resolve violations of
the Clean Water Act (CWA), the Clean
Air Act (CAA) and requirements
adopted as part of a State
Implementation Plan (SIP) pursuant to
the CAA, 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 the
CWA portion of this Consent
Agreement, in accordance with CWA
section 311(j), 33 U.S.C. 1321(j).
Additionally, notice is being provided
on the CAA and EPCRA portions of this
Consent Agreement.
DATES: Comments are due on or before
October 5, 2009.
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)
PO 00000
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45637
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–
2008–0803.
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–
0803.
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
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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
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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–
0803. 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–2008–0803. 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.
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–
0803.
PO 00000
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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–
0803. 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 HSBC Finance
Corporation, a financial services
organization located at 26525 N.
Riverwoods Blvd, Mettawa, Illinois
60045, and incorporated in the state of
Delaware. Respondent also includes
HSBC USA Inc., a banking business
located at 452 Fifth Street, New York,
New York 10018, and incorporated in
the state of Maryland. The HSBC
facilities that underwent audits
included office buildings and data
processing centers.
On November 29, 2007, 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 CWA, the
CAA, and EPCRA. Respondent further
agreed to submit progress reports
detailing the status of the compliance
audit, specific facilities reviewed, and
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Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices
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, the CAA, and EPCRA. As agreed
upon with EPA, Respondent submitted
periodic progress reports and submitted
a final audit report to EPA on February
28, 2008, and an addendum to the final
audit report to EPA on May 1, 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 eighteen facilities
located in the following states:
California, Delaware, Florida, Illinois,
Kentucky, New Jersey, New York,
Nevada, Oregon, South Carolina, and
Texas. 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 failed to
comply with CAA section 110, 42 U.S.C.
7410, and requirements adopted as part
of State Implementation Plans (SIPs) for
eight facilities located in the following
states: California, Illinois, Maryland,
New Jersey, Texas, and Virginia. EPA, as
authorized by CAA section 113, 42
U.S.C. 7413, has assessed a civil penalty
for these violations.
Respondent disclosed that it failed to
comply with CAA section 608, 42 U.S.C.
7671g, when it failed to keep servicing
records documenting the date and type
of service, as well as the quantity of
refrigerant purchased and added, for
appliances containing greater than fifty
pounds of refrigerant located at four
facilities located in the following states:
California, Illinois, and New York. EPA,
as authorized by CAA section 113, 42
U.S.C. 7413, has assessed a civil penalty
for these violations.
Respondent disclosed that it 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 twenty-eight
facilities located in the following states:
California, Delaware, Florida, Illinois,
Indiana, New Jersey, New York, Nevada,
Oregon, South Carolina, South Dakota,
Texas, and Virginia.
Respondent disclosed that it failed to
comply with EPCRA section 303, 42
U.S.C. 11003, and the regulations found
at 40 CFR 355.30, when it failed to
designate a facility emergency
coordinator and notify the Local
Emergency Planning Committee (LEPC)
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at twenty-eight facilities in the
following states: California, Delaware,
Florida, Illinois, Indiana, New Jersey,
New York, Nevada, Oregon, South
Carolina, South Dakota, Texas, and
Virginia.
Respondent disclosed that it failed to
comply with EPCRA section 311, 42
U.S.C. 11021, and the regulations found
at 40 CFR Part 370, when it failed to
prepare and submit a Material Safety
Data Sheet (MSDS) for a hazardous
chemical(s) and extremely hazardous
chemical(s) at thirty-one (31) facilities
located in the following states:
California, Delaware, Florida, Illinois,
Indiana, Kentucky, New Jersey, New
York, Nevada, Oregon, South Carolina,
South Dakota, Texas, and Virginia. EPA,
as authorized by EPCRA section 325, 42
U.S.C. 11045, has assessed a civil
penalty for these violations.
Respondent disclosed that it failed to
comply with EPCRA section 312, 42
U.S.C. 11022, and the regulations found
at 40 CFR Part 370, when it failed to
prepare and submit emergency and
chemical inventory forms to the LEPC,
SERC, and the fire department at thirtytwo (32) facilities located in the
following states: California, Delaware,
Florida, Illinois, Indiana, Kentucky,
New Jersey, New York, Nevada, Oregon,
South Carolina, South Dakota, Texas,
and Virginia. EPA, as authorized by
EPCRA section 325, 42 U.S.C. 11045,
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 has
proposed a settlement penalty amount
of thirty-six thousand and eighty-three
dollars ($36,083). This amount is based
on the penalty amounts agreed upon in
the Compliance Audit Agreement for
certain violations and reflects
consideration of potential economic
benefit gained by Respondent,
attributable to its delayed compliance
with the CAA, CWA, and EPCRA
regulations, and the potential for harm
that could have resulted from the
violations.
The total civil penalty assessed for
settlement purposes is thirty-six
thousand and eighty-three dollars
($36,083). 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 8, 2009, (In the Matter
of: HSBC USA Inc. and HSBC Finance
Corporation, Docket Nos. CAA–HQ–
2008–8004, CWA–HQ–2008–8004, and
EPCRA–HQ–2008–8004). This consent
agreement is subject to public notice
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45639
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–2008–0803.
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 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.
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
proposed final order is October 5, 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)(C), EPA will not
issue an order in this proceeding prior
to the close of the public comment
period.
Dated: August 27, 2009.
Bernadette Rappold,
Director, Special Litigation and Projects
Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. E9–21289 Filed 9–2–09; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 74, Number 170 (Thursday, September 3, 2009)]
[Notices]
[Pages 45637-45639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21289]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[Docket ID Number EPA-HQ-OECA-2008-0803; FRL-8952-6]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding HSBC USA Inc.
and HSBC Finance Corporation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has entered into a Consent Agreement with HSBC Finance
Corporation and HSBC USA Inc. (HSBC or Respondent) to resolve
violations of the Clean Water Act (CWA), the Clean Air Act (CAA) and
requirements adopted as part of a State Implementation Plan (SIP)
pursuant to the CAA, 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 the CWA portion of this Consent
Agreement, in accordance with CWA section 311(j), 33 U.S.C. 1321(j).
Additionally, notice is being provided on the CAA and EPCRA portions of
this Consent Agreement.
DATES: Comments are due on or before October 5, 2009.
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-2008-0803.
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-2008-0803.
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
[[Page 45638]]
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.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-2008-0803. 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-2008-0803. 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-2008-0803.
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-2008-0803. 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 HSBC Finance Corporation, a financial services
organization located at 26525 N. Riverwoods Blvd, Mettawa, Illinois
60045, and incorporated in the state of Delaware. Respondent also
includes HSBC USA Inc., a banking business located at 452 Fifth Street,
New York, New York 10018, and incorporated in the state of Maryland.
The HSBC facilities that underwent audits included office buildings and
data processing centers.
On November 29, 2007, 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 CWA, the CAA, and EPCRA. Respondent
further agreed to submit progress reports detailing the status of the
compliance audit, specific facilities reviewed, and
[[Page 45639]]
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, the CAA, and EPCRA. As agreed upon with EPA,
Respondent submitted periodic progress reports and submitted a final
audit report to EPA on February 28, 2008, and an addendum to the final
audit report to EPA on May 1, 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 eighteen
facilities located in the following states: California, Delaware,
Florida, Illinois, Kentucky, New Jersey, New York, Nevada, Oregon,
South Carolina, and Texas. 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 failed to comply with CAA section 110,
42 U.S.C. 7410, and requirements adopted as part of State
Implementation Plans (SIPs) for eight facilities located in the
following states: California, Illinois, Maryland, New Jersey, Texas,
and Virginia. EPA, as authorized by CAA section 113, 42 U.S.C. 7413,
has assessed a civil penalty for these violations.
Respondent disclosed that it failed to comply with CAA section 608,
42 U.S.C. 7671g, when it failed to keep servicing records documenting
the date and type of service, as well as the quantity of refrigerant
purchased and added, for appliances containing greater than fifty
pounds of refrigerant located at four facilities located in the
following states: California, Illinois, and New York. EPA, as
authorized by CAA section 113, 42 U.S.C. 7413, has assessed a civil
penalty for these violations.
Respondent disclosed that it 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
twenty-eight facilities located in the following states: California,
Delaware, Florida, Illinois, Indiana, New Jersey, New York, Nevada,
Oregon, South Carolina, South Dakota, Texas, and Virginia.
Respondent disclosed that it failed to comply with EPCRA section
303, 42 U.S.C. 11003, and the regulations found at 40 CFR 355.30, when
it failed to designate a facility emergency coordinator and notify the
Local Emergency Planning Committee (LEPC) at twenty-eight facilities in
the following states: California, Delaware, Florida, Illinois, Indiana,
New Jersey, New York, Nevada, Oregon, South Carolina, South Dakota,
Texas, and Virginia.
Respondent disclosed that it failed to comply with EPCRA section
311, 42 U.S.C. 11021, and the regulations found at 40 CFR Part 370,
when it failed to prepare and submit a Material Safety Data Sheet
(MSDS) for a hazardous chemical(s) and extremely hazardous chemical(s)
at thirty-one (31) facilities located in the following states:
California, Delaware, Florida, Illinois, Indiana, Kentucky, New Jersey,
New York, Nevada, Oregon, South Carolina, South Dakota, Texas, and
Virginia. EPA, as authorized by EPCRA section 325, 42 U.S.C. 11045, has
assessed a civil penalty for these violations.
Respondent disclosed that it failed to comply with EPCRA section
312, 42 U.S.C. 11022, and the regulations found at 40 CFR Part 370,
when it failed to prepare and submit emergency and chemical inventory
forms to the LEPC, SERC, and the fire department at thirty-two (32)
facilities located in the following states: California, Delaware,
Florida, Illinois, Indiana, Kentucky, New Jersey, New York, Nevada,
Oregon, South Carolina, South Dakota, Texas, and Virginia. EPA, as
authorized by EPCRA section 325, 42 U.S.C. 11045, 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 has
proposed a settlement penalty amount of thirty-six thousand and eighty-
three dollars ($36,083). This amount is based on the penalty amounts
agreed upon in the Compliance Audit Agreement for certain violations
and reflects consideration of potential economic benefit gained by
Respondent, attributable to its delayed compliance with the CAA, CWA,
and EPCRA regulations, and the potential for harm that could have
resulted from the violations.
The total civil penalty assessed for settlement purposes is thirty-
six thousand and eighty-three dollars ($36,083). 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 8, 2009, (In the Matter of: HSBC USA
Inc. and HSBC Finance Corporation, Docket Nos. CAA-HQ-2008-8004, CWA-
HQ-2008-8004, and EPCRA-HQ-2008-8004). 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-2008-0803.
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 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.
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 proposed final order is October 5, 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)(C), EPA
will not issue an order in this proceeding prior to the close of the
public comment period.
Dated: August 27, 2009.
Bernadette Rappold,
Director, Special Litigation and Projects Division, Office of
Enforcement and Compliance Assurance.
[FR Doc. E9-21289 Filed 9-2-09; 8:45 am]
BILLING CODE 6560-50-P
