Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment, and Opportunity To Comment Regarding Hydro Aluminum North America, Inc. and Hydro Aluminum Precision Tubing North America, LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America, Inc., 4552-4554 [2010-1741]
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<![CDATA[
4552
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[Docket ID Number EPA–HQ–OECA–2009–
0563; FRL–9107–4]
Clean Water Act Class II: Proposed
Administrative Settlement, Penalty
Assessment, and Opportunity To
Comment Regarding Hydro Aluminum
North America, Inc. and Hydro
Aluminum Precision Tubing North
America, LLC, wholly owned
subsidiaries of Norsk Hydro Aluminum
North America, Inc.
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA has entered into a
Consent Agreement with Hydro
Aluminum North America, Inc. and
Hydro Aluminum Precision Tubing
North America, LLC, wholly owned
subsidiaries of Norsk Hydro Aluminum
North America, Inc. (Hydro) to resolve
violations of the Clean Water Act
(CWA), the Clean Air Act (CAA), the
Resource Conservation and Recovery
Act (RCRA), and the Emergency
Planning and Community Right-toKnow Act (EPCRA), and their
implementing regulations at 16 facilities
listed below:
249 South 51st Avenue, Phoenix, AZ
85043;
100 Gus Hipp Blvd., Rockledge, FL
32955–4701;
200 Riviera Blvd., St. Augustine, FL
32086;
Henry Street, North Liberty, IN 46554;
400 South Main Street, North Liberty,
IN 46554;
5801 Riverport Road, Henderson, KY
42420;
1607 East Maumee Street, Adrian, MI
49221;
5375 North Riverview Drive,
Kalamazoo, MI 49004;
Sale Barn Road, Cassville, MO 65625;
808 County Road, Monett, MO 65708;
401 North Stolle Avenue, Sidney, OH
45365;
2490 Ross Street, Sydney, OH 45363;
9 Aluminum Drive, Ellenville, NY
12428;
117 Blake Dairy Road, Belton, SC 29627;
171 Industrial Blvd., Fayetteville, TN
37334;
200 Economic Drive, Commerce, TX
75248.
The Administrator is hereby
providing public notice of this proposed
Consent Agreement and Final Order
(CAFO), and providing an opportunity
for interested persons to comment on
the CWA, EPCRA, RCRA, and CAA
portions of this Consent Agreement, in
VerDate Nov<24>2008
17:16 Jan 27, 2010
Jkt 220001
accordance with CWA sections
309(g)(4)(A) and 311(b)(6)(C)(i), 33
U.S.C. 1319(g)(4)(A), and
1321(b)(6)(C)(i).
DATES: Comments are due on or before
March 1, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OECA–2009–0563, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: docket.oeca@epa.gov,
Attention Docket ID No. EPA–HQ–
OECA–2009–0563.
• Fax: (202) 566–9744, Attention
Docket ID No. EPA–HQ–OECA–2009–
0563.
• Mail: Enforcement and Compliance
Docket Information Center,
Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC, 20460,
Attention Docket ID No. EPA–HQ–
OECA–2009–0563.
• Hand Delivery: Enforcement and
Compliance Docket Information Center
in the EPA Docket Center (EPA/DC),
EPA West, Room B 3334, 1301
Constitution Avenue, 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 Reading Room is (202)
566–1744, and the telephone number for
the Enforcement and Compliance
Docket is (202) 566–1927. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OECA–2009–
0563. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the Enforcement and Compliance
Docket Information Center in the EPA
Docket Center (EPA/DC), EPA West,
Room B 3334, 1301 Constitution
Avenue, 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 Reading Room is (202) 566–1744,
and the telephone number for the
Enforcement and Compliance Docket is
(202) 566–1927.
FOR FURTHER INFORMATION CONTACT:
Michael Calhoun, Special Litigation and
Projects Division (2248–A), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone (202)
564–6031; fax: (202) 564–9001; e-mail:
calhoun.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In July 2005, Hydro voluntarily
disclosed violations of the CWA, CAA,
RCRA, and EPCRA at 16 of its North
American facilities pursuant to EPA’s
Incentives for Self-Policing: Discovery,
Disclosure, Correction and Prevention of
Violations Final Policy Statement
(Audit Policy), 65 FR 19618 (Apr. 11,
2000). Hydro also provided
supplemental audit reports in 2006 and
2007. EPA and Hydro have signed an
administrative Consent Agreement,
E:\FR\FM\28JAN1.SGM
28JAN1
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
following the Consolidated Rules of
Practice, 40 CFR 22.13(b) (In Re: Hydro
Aluminum North America, Inc. and
Hydro Aluminum Precision Tubing
North America, LLC, Docket Nos. CWA–
HQ–2009–8002, CAA–HQ–2009–8002,
EPCRA–HQ–2009–8002, RCRA–HQ–
2009–8002). In the settlement
agreement, Hydro will pay a civil
penalty of $119,365.
mstockstill on DSKH9S0YB1PROD with NOTICES
CWA Violations
Respondents had inadequate and/or
failed to prepare and implement Spill
Prevention, Control, and
Countermeasure (SPCC) plans at four
facilities listed below in violation of
CWA section 311(j) and 40 CFR Part
112:
5801 Riverport Road, Henderson, KY
42420;
5375 North Riverview Drive,
Kalamazoo, MI 49004;
808 County Road, Monett, MO 65708;
117 Blake Dairy Road, Belton, SC 29627.
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) 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 March 1, 2010.
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),
EPA will not issue an order in this
proceeding prior to the close of the
public comment period.
Hydro also disclosed that it had an
inadequate Stormwater Pollution
Prevention Plan (SWPPP) and/or failed
to prepare and implement a SWPPP at
the six facilities listed below in
violation of federal/state Multi-Sector
General Stormwater Permits (MSGP)
and 40 CFR Part 122.41:
249 South 51st Avenue, Phoenix, AZ
85043;
5801 Riverport Road, Henderson, KY
42420;
VerDate Nov<24>2008
17:16 Jan 27, 2010
Jkt 220001
1607 East Maumee Street, Adrian, MI
49221;
5375 North Riverview Drive,
Kalamazoo, MI 49004;
117 Blake Dairy Road, Belton, SC 29627;
171 Industrial Blvd., Fayetteville, TN
37334.
Hydro also failed to obtain coverage
under an MSGP at four facilities below
in violation of 40 CFR Part 122.26:
Henry Street, North Liberty, IN 46554;
400 South Main Street, North Liberty,
IN 46554;
Sale Barn Road, Cassville, MO 65625;
401 N. Stolle Avenue, Sidney, OH
45365.
Hydro also failed to prepare and
submit annual operating reports, and
did not submit timely quarterly
monitoring reports for the Monett, MO
facility as required by the state MSGP.
Hydro also failed to comply with
pretreatment regulations found at 40
CFR 403.12(e), 40 CFR 467.35 and 40
CFR 467.53 at the Ellenville, NY facility
by failing to submit semi-annual
compliance reports since 1997 and
failing to document baseline or initial
compliance reports. All of the above
CWA violations are described in detail
in Attachments A and B of the proposed
Consent Agreement.
EPA, as authorized by CWA 311(b)(6),
33 U.S.C. 1321(b)(6), and CWA
309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), has
assessed a civil penalty for the CWA
violations described above.
4553
and/or metals in Form R reports in a
timely manner for the five facilities
listed below:
100 Gus Hipp Blvd., Rockledge, FL
32955–4701;
200 Riviera Blvd., St. Augustine, FL
32086;
1607 East Maumee Street, Adrian, MI
49221;
808 County Road, Monett, MO 65708;
117 Blake Dairy Road, Belton, SC 29627.
The specific EPCRA violations above
are described in Attachment A of the
proposed Consent Agreement. EPA, as
authorized by EPCRA section 325, 42
U.S.C. 11045, has assessed a civil
penalty for these violations. 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
are conducted in accordance with 40
CFR Part 22.
RCRA Violations
EPCRA Violations
Hydro also disclosed that it had failed
to comply with EPCRA section 312, 42
U.S.C. 11022, and the regulations found
at 40 CFR Parts 355.30 and 370.25,
when it failed to prepare and submit
emergency and chemical inventory
forms (Tier II) to the Local Emergency
Planning Committee (LEPC), the State
Emergency Response Commission
(SERC), and/or the fire department with
jurisdiction over each facility for the
five facilities listed below:
100 Gus Hipp Blvd., Rockledge, FL
32955–4701;
400 South Main Street, North Liberty,
IN 46554;
1607 East Maumee Street, Adrian, MI
49221;
5375 North Riverview Drive,
Kalamazoo, MI 49004;
401 N. Stolle Avenue, Sidney, OH
45365.
Hydro also disclosed that it had failed
to comply with RCRA and the
regulations found at 40 CFR Parts 262
and 265 when it failed to perform
inspections, maintain records, develop
contingency plans, and conduct training
with regard to stored hazardous wastes
for the three facilities listed below. The
specific violations are described in
Attachment A of the proposed Consent
Agreement. EPA, as authorized by
RCRA sections 3008(a) and (g), 42
U.S.C. 6928(a) and (g), has assessed a
civil penalty for these violations:
5801 Riverport Road, Henderson, KY
42420;
5375 North Riverview Drive,
Kalamazoo, MI 49004;
9 Aluminum Drive, Ellenville, NY
12428.
CAA Violations
Hydro also disclosed that it had failed
to comply with EPCRA section 313, 42
U.S.C. 11023, and the regulations found
at 40 CFR 372.22 and 40 CFR 372.30,
when it failed to report the annual
estimated releases of various chemicals
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
Hydro also failed to comply with CAA
section 112, 42 U.S.C. 7412, and 40 CFR
Part 63, by having inadequate operation
and maintenance plans, late submission
of operation and maintenance plans,
failure to have a startup, shutdown and
malfunction plan, late submission of
performance tests, lack of process
monitoring, failure to keep records,
failure to calibrate scales, and no
documentation of an initial applicability
determination for a boiler and process
heater at three facilities listed below.
The specific violations are described in
Attachment A of the proposed Consent
Agreement. EPA, as authorized by CAA
sections 113(a)(3) and (d), 42 U.S.C.
E:\FR\FM\28JAN1.SGM
28JAN1
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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices
7413(a)(3) and 7413(d), has assessed a
civil penalty for these violations:
249 South 51st Avenue, Phoenix, AZ
85043;
808 County Road, Monett, MO 65708;
200 Economic Drive, Commerce, TX
75248.
EPA will not issue an order in this
proceeding prior to the close of the
public comment period.
Dated: January 20, 2010.
Bernadette Rappold,
Director, Special Litigation and Projects
Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. 2010–1741 Filed 1–27–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9107–3, EPA–HQ–OW–2008–0238]
Modification to 2008 National Pollutant
Discharge Elimination System
(NPDES) General Permit for
Stormwater Discharges Associated
With Construction Activities
AGENCY: Environmental Protection
Agency (EPA).
ACTION:
SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7,
8, 9, and 10 today are modifying the
2008 National Pollutant Discharge
Elimination System (NPDES) general
permits for stormwater discharges
associated with construction activity in
order to extend by one year the
expiration date of the permit.
Hereinafter, these NPDES general
permits will be referred to as ‘‘permit’’ or
‘‘2008 construction general permit’’ or
‘‘2008 CGP.’’ The 2008 CGP was
originally issued for a period of two (2)
years. Today, EPA is modifying the CGP
in order to extend the 2 year term of the
2008 CGP by one year so that it expires
on June 30, 2011, instead of June 30,
2010, resulting in a permit that will be
in effect for a total period of three (3)
years. By Federal law, no NPDES permit
may be issued for a period that exceeds
five (5) years.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
If a discharger chooses to apply for
coverage under the 2008 CGP, the
permit provides specific requirements
for preventing contamination of
stormwater discharges from the
following construction activities:
North American
Industry Classification System
(NAICS) code
Examples of affected entities
Industry .............
mstockstill on DSKH9S0YB1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT: Greg
Schaner, Water Permits Division, Office
of Wastewater Management (Mail Code:
4203M), Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., EPA East, Washington, DC 20460;
telephone number: (202) 564–0721; fax
number: (202) 564–6431; e-mail address:
schaner.greg@epa.gov.
DATES: EPA is modifying its 2008
Construction General Permit by
extending the permit by one year. This
permit modification is effective on
January 20, 2010. The 2008
Construction General Permit will now
Category
Construction site operators disturbing 1 or more acres of land, or less than 1 acre but part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more, and performing the following activities:
Building, Developing and General Contracting ................................................................................................
233
Heavy Construction ..........................................................................................................................................
234
EPA does not intend the preceding
table to be exhaustive, but provides it as
a guide for readers regarding entities
likely to be regulated by this action.
This table lists the types of activities
that EPA is now aware of that could
potentially be affected by this action.
Other types of entities not listed in the
table could also be affected. To
determine whether your facility is
affected by this action, you should
carefully examine the definition of
‘‘construction activity’’ and ‘‘small
construction activity’’ in existing EPA
regulations at 40 CFR 122.26(b)(14)(x)
and 122.26(b)(15), respectively. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
listed for technical information in the
preceding ‘‘FOR FURTHER INFORMATION
CONTACT’’ section.
Eligibility for coverage under the 2008
CGP is limited to operators of ‘‘new
projects’’ or ‘‘unpermitted ongoing
projects.’’ A ‘‘new project’’ is one that
VerDate Nov<24>2008
expire on midnight June 30, 2011,
instead of June 30, 2010.
Notice.
17:16 Jan 27, 2010
Jkt 220001
commences after the effective date of
the 2008 CGP. An ‘‘unpermitted ongoing
project’’ is one that commenced prior to
the effective date of the 2008 CGP, yet
never received authorization to
discharge under the 2003 CGP or any
other NPDES permit covering its
construction-related stormwater
discharges. This permit is effective only
in those areas where EPA is the
permitting authority. A list of eligible
areas is included in Appendix B of the
2008 CGP.
B. 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–OW–
2008–0238. The official public docket is
the collection of materials that is
available for public viewing at the Water
Docket in the EPA Docket Center, (EPA/
DC) EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
DC 20460. Although all documents in
the docket are listed in an index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Publicly available docket materials are
available electronically through https://
www.regulations.gov and in hard copy
at the EPA Docket Center Public
Reading Room, 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 Water Docket is (202)
566–2426.
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/. Electronic
versions of the final permit and fact
sheet are available at EPA’s stormwater
Web site https://www.epa.gov/npdes/
stormwater.
E:\FR\FM\28JAN1.SGM
28JAN1
]]>Agencies
[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4552-4554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1741]
[[Page 4552]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[Docket ID Number EPA-HQ-OECA-2009-0563; FRL-9107-4]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment, and Opportunity To Comment Regarding Hydro Aluminum
North America, Inc. and Hydro Aluminum Precision Tubing North America,
LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America,
Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has entered into a Consent Agreement with Hydro Aluminum
North America, Inc. and Hydro Aluminum Precision Tubing North America,
LLC, wholly owned subsidiaries of Norsk Hydro Aluminum North America,
Inc. (Hydro) to resolve violations of the Clean Water Act (CWA), the
Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA),
and the Emergency Planning and Community Right-to-Know Act (EPCRA), and
their implementing regulations at 16 facilities listed below:
249 South 51st Avenue, Phoenix, AZ 85043;
100 Gus Hipp Blvd., Rockledge, FL 32955-4701;
200 Riviera Blvd., St. Augustine, FL 32086;
Henry Street, North Liberty, IN 46554;
400 South Main Street, North Liberty, IN 46554;
5801 Riverport Road, Henderson, KY 42420;
1607 East Maumee Street, Adrian, MI 49221;
5375 North Riverview Drive, Kalamazoo, MI 49004;
Sale Barn Road, Cassville, MO 65625;
808 County Road, Monett, MO 65708;
401 North Stolle Avenue, Sidney, OH 45365;
2490 Ross Street, Sydney, OH 45363;
9 Aluminum Drive, Ellenville, NY 12428;
117 Blake Dairy Road, Belton, SC 29627;
171 Industrial Blvd., Fayetteville, TN 37334;
200 Economic Drive, Commerce, TX 75248.
The Administrator is hereby providing public notice of this
proposed Consent Agreement and Final Order (CAFO), and providing an
opportunity for interested persons to comment on the CWA, EPCRA, RCRA,
and CAA portions of this Consent Agreement, in accordance with CWA
sections 309(g)(4)(A) and 311(b)(6)(C)(i), 33 U.S.C. 1319(g)(4)(A), and
1321(b)(6)(C)(i).
DATES: Comments are due on or before March 1, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2009-0563, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: docket.oeca@epa.gov, Attention Docket ID No. EPA-
HQ-OECA-2009-0563.
Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OECA-
2009-0563.
Mail: Enforcement and Compliance Docket Information
Center, Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No.
EPA-HQ-OECA-2009-0563.
Hand Delivery: Enforcement and Compliance Docket
Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B
3334, 1301 Constitution Avenue, 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
Reading Room is (202) 566-1744, and the telephone number for the
Enforcement and Compliance Docket is (202) 566-1927. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2009-0563. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov or in hard copy at the Enforcement and
Compliance Docket Information Center in the EPA Docket Center (EPA/DC),
EPA West, Room B 3334, 1301 Constitution Avenue, 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 Reading Room is (202) 566-1744, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1927.
FOR FURTHER INFORMATION CONTACT: Michael Calhoun, Special Litigation
and Projects Division (2248-A), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202)
564-6031; fax: (202) 564-9001; e-mail: calhoun.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In July 2005, Hydro voluntarily disclosed violations of the CWA,
CAA, RCRA, and EPCRA at 16 of its North American facilities pursuant to
EPA's Incentives for Self-Policing: Discovery, Disclosure, Correction
and Prevention of Violations Final Policy Statement (Audit Policy), 65
FR 19618 (Apr. 11, 2000). Hydro also provided supplemental audit
reports in 2006 and 2007. EPA and Hydro have signed an administrative
Consent Agreement,
[[Page 4553]]
following the Consolidated Rules of Practice, 40 CFR 22.13(b) (In Re:
Hydro Aluminum North America, Inc. and Hydro Aluminum Precision Tubing
North America, LLC, Docket Nos. CWA-HQ-2009-8002, CAA-HQ-2009-8002,
EPCRA-HQ-2009-8002, RCRA-HQ-2009-8002). In the settlement agreement,
Hydro will pay a civil penalty of $119,365.
CWA Violations
Respondents had inadequate and/or failed to prepare and implement
Spill Prevention, Control, and Countermeasure (SPCC) plans at four
facilities listed below in violation of CWA section 311(j) and 40 CFR
Part 112:
5801 Riverport Road, Henderson, KY 42420;
5375 North Riverview Drive, Kalamazoo, MI 49004;
808 County Road, Monett, MO 65708;
117 Blake Dairy Road, Belton, SC 29627.
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) 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 March 1, 2010. 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), EPA will not issue an order
in this proceeding prior to the close of the public comment period.
Hydro also disclosed that it had an inadequate Stormwater Pollution
Prevention Plan (SWPPP) and/or failed to prepare and implement a SWPPP
at the six facilities listed below in violation of federal/state Multi-
Sector General Stormwater Permits (MSGP) and 40 CFR Part 122.41:
249 South 51st Avenue, Phoenix, AZ 85043;
5801 Riverport Road, Henderson, KY 42420;
1607 East Maumee Street, Adrian, MI 49221;
5375 North Riverview Drive, Kalamazoo, MI 49004;
117 Blake Dairy Road, Belton, SC 29627;
171 Industrial Blvd., Fayetteville, TN 37334.
Hydro also failed to obtain coverage under an MSGP at four
facilities below in violation of 40 CFR Part 122.26:
Henry Street, North Liberty, IN 46554;
400 South Main Street, North Liberty, IN 46554;
Sale Barn Road, Cassville, MO 65625;
401 N. Stolle Avenue, Sidney, OH 45365.
Hydro also failed to prepare and submit annual operating reports,
and did not submit timely quarterly monitoring reports for the Monett,
MO facility as required by the state MSGP.
Hydro also failed to comply with pretreatment regulations found at
40 CFR 403.12(e), 40 CFR 467.35 and 40 CFR 467.53 at the Ellenville, NY
facility by failing to submit semi-annual compliance reports since 1997
and failing to document baseline or initial compliance reports. All of
the above CWA violations are described in detail in Attachments A and B
of the proposed Consent Agreement.
EPA, as authorized by CWA 311(b)(6), 33 U.S.C. 1321(b)(6), and CWA
309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), has assessed a civil penalty for
the CWA violations described above.
EPCRA Violations
Hydro also disclosed that it had failed to comply with EPCRA
section 312, 42 U.S.C. 11022, and the regulations found at 40 CFR Parts
355.30 and 370.25, when it failed to prepare and submit emergency and
chemical inventory forms (Tier II) to the Local Emergency Planning
Committee (LEPC), the State Emergency Response Commission (SERC), and/
or the fire department with jurisdiction over each facility for the
five facilities listed below:
100 Gus Hipp Blvd., Rockledge, FL 32955-4701;
400 South Main Street, North Liberty, IN 46554;
1607 East Maumee Street, Adrian, MI 49221;
5375 North Riverview Drive, Kalamazoo, MI 49004;
401 N. Stolle Avenue, Sidney, OH 45365.
Hydro also disclosed that it had failed to comply with EPCRA
section 313, 42 U.S.C. 11023, and the regulations found at 40 CFR
372.22 and 40 CFR 372.30, when it failed to report the annual estimated
releases of various chemicals and/or metals in Form R reports in a
timely manner for the five facilities listed below:
100 Gus Hipp Blvd., Rockledge, FL 32955-4701;
200 Riviera Blvd., St. Augustine, FL 32086;
1607 East Maumee Street, Adrian, MI 49221;
808 County Road, Monett, MO 65708;
117 Blake Dairy Road, Belton, SC 29627.
The specific EPCRA violations above are described in Attachment A
of the proposed Consent Agreement. EPA, as authorized by EPCRA section
325, 42 U.S.C. 11045, has assessed a civil penalty for these
violations. 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 are conducted in accordance with 40 CFR Part 22.
RCRA Violations
Hydro also disclosed that it had failed to comply with RCRA and the
regulations found at 40 CFR Parts 262 and 265 when it failed to perform
inspections, maintain records, develop contingency plans, and conduct
training with regard to stored hazardous wastes for the three
facilities listed below. The specific violations are described in
Attachment A of the proposed Consent Agreement. EPA, as authorized by
RCRA sections 3008(a) and (g), 42 U.S.C. 6928(a) and (g), has assessed
a civil penalty for these violations:
5801 Riverport Road, Henderson, KY 42420;
5375 North Riverview Drive, Kalamazoo, MI 49004;
9 Aluminum Drive, Ellenville, NY 12428.
CAA Violations
Hydro also failed to comply with CAA section 112, 42 U.S.C. 7412,
and 40 CFR Part 63, by having inadequate operation and maintenance
plans, late submission of operation and maintenance plans, failure to
have a startup, shutdown and malfunction plan, late submission of
performance tests, lack of process monitoring, failure to keep records,
failure to calibrate scales, and no documentation of an initial
applicability determination for a boiler and process heater at three
facilities listed below. The specific violations are described in
Attachment A of the proposed Consent Agreement. EPA, as authorized by
CAA sections 113(a)(3) and (d), 42 U.S.C.
[[Page 4554]]
7413(a)(3) and 7413(d), has assessed a civil penalty for these
violations:
249 South 51st Avenue, Phoenix, AZ 85043;
808 County Road, Monett, MO 65708;
200 Economic Drive, Commerce, TX 75248.
EPA will not issue an order in this proceeding prior to the close
of the public comment period.
Dated: January 20, 2010.
Bernadette Rappold,
Director, Special Litigation and Projects Division, Office of
Enforcement and Compliance Assurance.
[FR Doc. 2010-1741 Filed 1-27-10; 8:45 am]
BILLING CODE 6560-50-P
