[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58129-58131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23090]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number EPA-HQ-OECA-2009-0562]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding New Cingular 
Wireless PCS, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a Consent Agreement with New Cingular 
Wireless PCS, LLC 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 (CAFO), and providing an opportunity 
for interested persons to comment on the CWA, EPCRA, and CAA portions 
of this Consent Agreement, pursuant to CWA section 311(b)(6)(C), 33 
U.S.C. 1321(b)(6)(C).

DATES: Comments are due on or before October 19, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2009-0562, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected], Attention Docket ID No. EPA-
HQ-OECA-2009-0562.
     Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OECA-
2009-0562.
     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-2009-0562.
     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-
2009-0562. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
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

[[Page 58130]]

available docket materials are available either electronically at 
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; email: [email protected].

II. Background

    This settlement agreement is the result of an investigation by the 
Special Litigation and Projects Division (SLPD) in the Office of Civil 
Enforcement of AT&T Wireless (AWS) for potential EPCRA Section 311 and 
312 reporting violations, CWA violations related to Spill Prevention, 
Control, and Countermeasure (SPCC) Plan requirements and CAA violations 
related to the permitting of backup generators under State 
Implementation Plan (SIP) rules. On October 26, 2004, AWS was purchased 
by Cingular Wireless PCS, LLC (CW). CW was subsequently renamed New 
Cingular Wireless PCS, LLC (NCW). The scope of this settlement 
agreement is limited to legacy AWS-owned facilities that were subject 
to SLPD's investigation from 2001 to 2003.
    Pursuant to the settlement agreement, NCW will pay a civil penalty 
of $750,000, will expend an additional $625,000 for Supplemental 
Environmental Projects and will conduct CAA and SPCC compliance audits 
at legacy AWS sites. EPA and NCW negotiated an administrative Consent 
Agreement in accordance with the Consolidated Rules of Practice, 40 CFR 
22.13(b) (In Re: New Cingular Wireless PCS, LLC, Docket Nos. CWA-HQ-
2009-8001, CAA-HQ-2009-8001, EPCRA-HQ-2009-8001). This Consent 
Agreement is subject to public notice and comment under CWA section 
311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).

CWA

    NCW violated CWA section 311(j) and 40 CFR Part 112, because it 
inadequately prepared and/or failed to prepare and implement SPCC plans 
for the 14 facilities listed below between 2001 and 2008. As authorized 
by CWA section 311(b)(6), 33 U.S.C. 1321(b)(6), EPA has assessed a 
civil penalty for these violations.

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                 Site                              Address                        City                 State
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1. Little Rock.......................  900 S. Shackleford Rd..........  Little Rock.............  AR
2. Signal Peak.......................  I-80 & Rattlesnake Rd..........  Soda Springs............  CA
3. Paauilo...........................  Kukaiau Ranch..................  Paauilo.................  HI
4. Urbandale.........................  4157 109th St..................  Urbandale...............  IA
5. Evansville........................  4510 O'Hara Dr.................  Evansville..............  IN
6. St. Rose..........................  160 James Dr...................  St. Rose................  LA
7. Southborough......................  155 Northborough Dr............  Southborough............  MA
8. Albany............................  2 Kross Key Dr.................  Albany..................  NY
9. New Hyde Park.....................  198 Armstrong Rd...............  New Hyde Park...........  NY
10. Oklahoma City....................  3201 Quail Springs Parkway.....  Oklahoma City...........  OK
11. Wilkes Barre.....................  485 Lasley Ave.................  Wilkes Barre............  PA
12. Allen............................  800 Venture Dr.................  Allen...................  TX
13. Austin...........................  4400 Staggerbrush Rd...........  Austin..................  TX
14. Milwaukee........................  5825 99th St...................  Milwaukee...............  WI
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    Under CWA section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), based on 
the time period in which the violations occurred, 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 for violations occurring after March 15, 2004, and up 
to $137,500 for violations up to and including that date. 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 October 19, 2012. 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.

EPCRA

    NCW also violated 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 51 facilities for varying 
lengths of time between 2001 and 2003. EPA, as authorized by EPCRA 
section 325, 42 U.S.C. 11045, has assessed a civil penalty for these 
violations.
    NCW also violated EPCRA section 312, 42 U.S.C. 11022, and the 
regulations found at 40 CFR Part 370.25, when it failed to prepare and 
submit emergency and chemical inventory forms to the LEPC, the SERC 
and/or the fire department with jurisdiction over 314 facilities listed 
in Attachment A for varying lengths of time between 2001 and 2003. EPA, 
as authorized by EPCRA section 325, 42 U.S.C. 11045, has assessed a 
civil penalty for these violations. Attachment A to the proposed CAFO 
lists the 325 EPCRA sites in violation of EPCRA sections 311 and 312.
    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

[[Page 58131]]

are conducted in accordance with 40 CFR part 22.

CAA

    NCW also violated regulations promulgated pursuant to the 
California SIP involving the two facilities described in the paragraphs 
below at varying lengths of time between 2001 and 2007. Section 
110(a)(1) of the CAA, 42 U.S.C. 7410(a)(2), requires states to submit 
implementation plans to implement, maintain, and enforce ambient air 
quality standards. Section 110(a)(2)(C) of the CAA, 42 U.S.C. 
7410(a)(2), requires states to include in their implementation plans 
regulation of the modification and construction of any stationary 
source covered by the plan. The California State Implementation Plan 
(SIP) includes requirements from local governments. The California SIP, 
including the requirements specific to the local governments, was 
approved by EPA under section 110 of the Act, 42 U.S.C. 7410.
    The California air quality control districts' rules for the 
jurisdictions set forth below include regulations that require 
construction and/or operating permits for certain stationary sources of 
air pollution. As detailed below, each of these provisions was 
incorporated into the California SIP and is therefore federally 
enforceable.
    In the State of California, NCW operates diesel fuel-powered 
electric generators that are stationary sources within the meaning of 
CAA section 302(z), 42 U.S.C. 7602(z).
    A. Bay Area Air Quality Management District (BAAQMD)--The 
California SIP includes a provision, Regulation 2, Rule 1 BAAQMD Rules, 
stating that any person installing any equipment, the use of which may 
cause the issuance of air contaminants, must first obtain authorization 
for such construction and subsequent operation. This provision was 
federally approved and became federally enforceable on January 26, 1999 
(64 Fed. Reg. 3850). NCW owns or operates a facility (2 miles off Lynch 
Road, Suisun, CA) in the BAAQMD that installed a pollution-emitting 
diesel-powered electric generating unit without written authorization 
from BAAQMD in violation of Regulation 2, Rule 1.
    B. San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD)--The California SIP includes a provision, section 3.0 in 
SJVUAPCD Rule 2010, stating that any person installing any equipment, 
the use of which may cause the issuance of air contaminants, must first 
obtain authorization for such construction and subsequent operation. 
This provision was federally approved and became federally enforceable 
on July 23, 1999 (64 Fed. Reg. 39,920). NCW owns or operates a facility 
(6855 West Eight Mile Road, Stockton, CA) in the SJVUAPCD that 
installed two pollution-emitting diesel-powered electric generating 
units without written authorization from SJVUAPCD in violation of Rule 
2010.
    NCW violated regulations promulgated pursuant to the California SIP 
involving the two facilities described in the paragraphs above and is 
therefore subject to federal enforcement under CAA section 110(a). EPA, 
as authorized by CAA section 113(d), 42 U.S.C. 7413(d), has assessed a 
civil penalty for these violations. Under CAA section 113(d), 42 U.S.C. 
7413(d), the Administrator may issue an administrative order assessing 
a civil penalty against any person who has violated an applicable 
requirement of the CAA, including any rule, order, waiver, permit or 
plan. Proceedings under CAA section 113(d) are conducted in accordance 
with 40 CFR Part 22.
    EPA will not issue an order in this proceeding prior to the close 
of the public comment period.

List of Subjects

    Environmental protection.

    Dated: September 10, 2012.
Bernadette Rappold,
Director, Special Litigation and Projects Division, Office of 
Enforcement and Compliance Assurance.
[FR Doc. 2012-23090 Filed 9-18-12; 8:45 am]
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