[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Pages 5969-5971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2115]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number EPA-HQ-OECA-2007-0026; FRL-8277-2]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding VersaCold 
Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with VersaCold 
Corporation (``VersaCold'' or ``Respondent'') to resolve violations of 
the Clean Water Act (``CWA'') and its implementing regulations.
    The Administrator is hereby providing public notice of this Consent 
Agreement and proposed Final Order, and providing an opportunity for 
interested persons to comment on this Consent Agreement, in accordance 
with CWA section 311(b)(6)(C).

DATES: Comments are due on or before March 12, 2007.

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: [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-2007-0026.
    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.epa.gov/edocket/ 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 the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Section I.A.1.
    For public commentors, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the Docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information

[[Page 5970]]

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.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in Docket ID No. 
EPA-HQ-OECA-2007-0026. 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-2007-0026. 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-2007-0026.
    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-2007-0026. 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

    VersaCold Corporation (``Respondent'') is a refrigerated warehouse 
company, located at 2115 Commissioner Street, Vancouver, British 
Columbia, V5L 1AG, and is incorporated in Vancouver, British Columbia, 
Canada. Respondent owns and/or operates facilities in the United 
States. VersaCold disclosed, pursuant to the EPA ``Incentives for Self-
Policing: Discovery, Disclosure, Correction and Prevention of 
Violations'' (``Audit Policy''), 65 FR 19618 (April 11, 2000), 
violations of the Clean Water Act (``CWA'') and its implementing 
regulations.
    Specifically, VersaCold (``Respondent'') disclosed that it failed 
to prepare and implement a Spill Prevention, Control and Countermeasure 
(SPCC) plan for its two facilities located in Darien, Wisconsin and 
Lynden, Washington and, in addition, failed to install adequate 
secondary containment at its Lynden, Washington facility in violation 
of CWA section 311(j), 33 U.S.C. 1321, and 40 CFR Part 112. EPA, as 
authorized by CWA section 311(b)(6), 33 U.S.C. 1321(b)(6), has assessed 
a civil penalty for these violations.
    Respondent further disclosed that it had failed to comply with: (1) 
CWA section 301(a), 33 U.S.C. 1311(a), and the implementing regulations 
found at 40 CFR 122.26 when it failed to prepare and implement a 
stormwater pollution prevention plan at its Darien, Wisconsin facility;
    (2) CWA section 301(a), 33 U.S.C. 1311(a), and the implementing 
regulations found at 40 CFR 122.26 when it failed to obtain a permit 
for discharging non-contact cooling water to a surface water, or submit 
a Notice of Intent to discharge, at its Darien, Wisconsin facility; and
    (3) CWA section 301(a), 33 U.S.C. 1311(a), and the implementing 
regulations found at 40 CFR 122.26(g)(1)(ii) when it failed to submit a 
No Exposure Certification at its Lynden, Washington facility. EPA, as 
authorized by CWA section 309(b), 33 U.S.C. 1319, has assessed a civil 
penalty for these violations.
    EPA determined that Respondent met the criteria set out in the 
Audit Policy for a 100% waiver of the gravity component of the penalty 
for the CWA. EPA waived the gravity based penalty of $139,000 and 
proposed a settlement penalty amount of $6,431. This is the amount of 
the economic benefit gained by Respondent, attributable to its delayed 
compliance with the CWA, all of which is attributable to the CWA-SPCC 
violations.
    The total civil penalty assessed for settlement purposes is six 
thousand four hundred and thirty-one dollars ($6,431). Respondent has 
agreed to pay this amount. EPA and Respondent negotiated and reached an 
administrative consent agreement, following the Consolidated Rules of 
Practice, 40 CFR 22.13(b), on January 12, 2007 (In Re: VersaCold 
Corporation, Docket No. CWA-HQ-2005-8002). This consent agreement is 
subject to public notice and comment under CWA section 311(b)(6), 33 
U.S.C. 1321(b)(6).
    Under CWA section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner, 
operator, or person in charge of a vessel, onshore facility, or 
offshore facility from which oil is discharged in violation of CWA 
section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to 
comply with any regulations that have been issued under CWA section 
311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil 
penalty of up to $157,500 by EPA. Class II proceedings under CWA 
section 311(b)(6) 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 12, 2007. All comments 
will be transferred to the

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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.

List of Subjects

    Environmental protection.

    Dated: February 1, 2007.
Robert A. Kaplan,
Director, Special Litigation and Projects Division, Office of 
Enforcement and Compliance Assurance. 1
[FR Doc. E7-2115 Filed 2-7-07; 8:45 am]
BILLING CODE 6560-50-P