[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Pages 29480-29483]
From the Federal Register Online via the Government Publishing 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: [email protected].
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 http://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 http://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 http://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
[email protected], 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 http://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]
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