[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]
BILLING CODE 6560-50-P