[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49512-49514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19757]



[[Page 49512]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[Docket ID Number EPA-HQ-OECA-2013-0543; FRL-9900-09-OECA]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Charter 
Communications, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The EPA has entered into a Consent Agreement with Charter 
Communications, Inc. (Charter or Respondent) to resolve violations of 
the Clean Air Act (CAA) and requirements adopted as part of State 
Implementation Plans (SIPs) pursuant to the CAA, the Clean Water Act 
(CWA), and the Emergency Planning and Community Right-to-Know Act 
(EPCRA), 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 CAA, CWA, and EPCRA portions 
of the CAFO, pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 
1321(b)(6)(C). Upon closure of the public comment period, the CAFO and 
any public comments will be forwarded to the Agency's Environmental 
Appeals Board (EAB).

DATES: Comments are due on or before September 13, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2013-0543, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: [email protected], Attention Docket ID No. EPA-
HQ-OECA-2013-0543.
     Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OECA-
2013-0543.
     Mail: Enforcement and Compliance Docket Information 
Center, Environmental Protection Agency, Mailcode: 2822T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460, Attention Docket ID No. 
EPA-HQ-OECA-2013-0543.
     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-
2013-0543. The 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 the 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 the 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, the 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 the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the 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 the 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 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: Philip Milton, Special Litigation and 
Projects Division (2248-A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564-
5029; fax: (202) 564-0010; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This proposed settlement agreement is the result of voluntary 
disclosures of CAA, CWA, and EPCRA violations by Charter to the EPA. 
Charter is among the largest providers of cable services in the United 
States, offering a variety of entertainment, information, and 
communications solutions to residential and commercial customers, and 
is located at 12405 Powerscourt Drive, St. Louis, Missouri 63131, and 
incorporated in Delaware. The Charter facilities that underwent audits 
included operating facilities, corporate offices, warehouses, and other 
storage locations.
    On October 2, 2009, the EPA and Respondent entered into a corporate 
audit agreement pursuant to the Agency's policy on Incentives for Self-
Policing: Discovery, Disclosure, Correction and Prevention of 
Violations (Audit Policy), 65 FR 19,618 (Apr. 11, 2000), in which 
Respondent agreed to conduct a systematic, documented, and objective 
review of its compliance with applicable provisions of the CAA, CWA, 
and EPCRA. Respondent further agreed to submit progress reports 
detailing the status of the audit, specific facilities assessed, and 
information setting forth violations discovered and corrective actions 
taken. As agreed upon with the EPA, Respondent submitted a final audit 
report to the EPA on February 19, 2010, and an addendum dated August 
20, 2010. A final list of all disclosed violations is contained in 
Attachment A to the CAFO.

Proposed Settlement

    The EPA determined that Respondent satisfactorily completed its 
audit and has met all conditions set forth in the Audit Policy. Charter 
has agreed to pay a civil penalty of $57,313 for the violations 
identified in Attachment A. This figure is the calculated economic

[[Page 49513]]

benefit of noncompliance based on information provided by Respondent 
and use of the Economic Benefit (BEN) computer model. Of this amount, 
$11,453 is attributable to CAA violations, $3,767 is attributable to 
CWA violations, and $42,093 is attributable to EPCRA violations.
    The EPA and Respondent negotiated the Consent Agreement in 
accordance with the Consolidated Rules of Practice, 40 CFR part 22, 
specifically 40 CFR 22.13(b) and 22.18(b) (In re: Charter 
Communications, Inc., CAA-HQ-2012-8005; CWA-HQ-2012-8005; and EPCRA-HQ-
2012-8005). This Consent Agreement is subject to public notice and 
comment under Section 311(b)(6)(C) of the CWA, 33 U.S.C. 1321(b)(6)(C). 
The procedures by which the public may comment on a proposed CWA Class 
II penalty order, or participate in a Class II penalty proceeding, are 
set forth in 40 CFR 22.45. The deadline for submitting public comment 
on this proposed Final Order is September 13, 2013. All comments will 
be transferred to the EAB for consideration. The EAB's powers and 
duties are outlined in 40 CFR 22.4(a).

Disclosed and Corrected Violations

CAA

    Respondent disclosed that it violated CAA Section 110, 42 U.S.C. 
7410, and requirements adopted as part of federally-approved State 
Implementation Plans (SIPs) at sixty-six (66) facilities listed in 
Attachment A and located in the following five (5) states: Alabama, 
Nebraska, Ohio, Tennessee, and Washington. Section 110(a)(1) of the 
CAA, 42 U.S.C. 7410(a)(1), requires states to submit plans to 
implement, maintain, and enforce ambient air quality standards. These 
states' SIPs include requirements approved by the EPA under Section 110 
of the CAA, 42 U.S.C. 7410. As detailed below, these federally-approved 
provisions have been incorporated into the respective SIPs and are 
therefore federally-enforceable.
    At the time of the violations, the Alabama SIP contained permit 
requirements and exemption provisions which were approved by the EPA on 
August 28, 1985, and became effective and federally-enforceable on 
October 28, 1985 (see 50 FR 34,804). These provisions required that 
Respondent either obtain permits to operate emergency generators or 
request exemptions in accordance with Ala. Admin. Code r. 335-3-14-
01(1) and (5). Respondent operated fifty-four (54) emergency generators 
at various facilities across Alabama and failed to obtain the permits 
or required exemptions for these emergency generators.
    At the time of the violations, the Nebraska SIP contained 
construction permit requirements which were approved by the EPA on July 
8, 2003, and became effective and federally-enforceable on September 8, 
2003 (see 68 FR 40,528). These provisions required that Respondent 
apply for and obtain an emergency generator construction permit in 
accordance with Title 129 of Neb. Admin. Code 17-001.01. Respondent 
operated an emergency generator at its facility located in Kearney, 
Nebraska. Respondent violated the federally-approved Nebraska SIP 
requirements by failing to apply for and obtain the required 
construction permit for this emergency generator.
    At the time of the violations, the Ohio SIP contained permit and 
permit-by-rule requirements which were approved by the EPA on January 
22, 2003, and became effective and federally-enforceable on March 10, 
2003 (see 68 FR 2,909). These provisions required that Respondent apply 
for and obtain a permit or coverage under the permit-by-rule to operate 
the emergency generator at its Bellefontaine, Ohio facility in 
accordance with Ohio Admin. Code 3745-31-02 and 3745-31-03(A)(4)(a). 
Respondent violated the federally-approved Ohio SIP requirements by 
failing to apply for and obtain the required permit or coverage under 
the permit-by-rule for this emergency generator.
    At the time of the violations, the Tennessee SIP contained a 
construction permit requirement which was approved by the EPA on July 
29, 1996, and became effective and federally-enforceable on September 
12, 1996 (see 61 FR 39,332). This provision required that Respondent 
obtain construction permits for its facilities in Blountville, 
Gatlinburg, Clarksville, and Jackson, Tennessee in accordance with 
Tenn. Comp. R. & Regs. 1200-03-09-01(1)(a). Respondent violated the 
federally-approved Tennessee SIP requirements by failing to obtain 
construction permits for emergency generators at these four (4) 
facilities.
    At the time of the violations, the Washington SIP contained a 
registration requirement for stationary internal combustion engines of 
five hundred (500) horsepower or more and a notice of construction/
approval requirement for new sources or emissions units which were 
approved by the EPA, and became effective and federally-enforceable, on 
June 2, 1995 (see 60 FR 28,726). The Washington SIP also contained the 
Yakima Regional Clean Air Agency's registration and construction 
notification/approval requirements which were approved by the EPA on 
February 2, 1998, and became effective and federally-enforceable on 
March 4, 1998 (see 63 FR 5,269). Respondent operated emergency 
generators at various facilities across Washington and was required to 
register and provide notice of construction and obtain approval for 
emergency generators at five (5) facilities in Walla Walla, Ellensburg, 
East Wenatchee, Colville, and Kennewick, Washington in accordance with 
Wash. Admin. Code 173-400-100(1)(z) and 173-400-110. Respondent was 
required to register and give notice of construction and obtain 
approval for emergency generators at two (2) facilities in Yakima and 
Sunnyside, Washington under Sections 4.01 and 4.02 of Restated 
Regulation I of the Yakima County Clean Air Authority. Respondent 
violated federally-approved Washington SIP requirements by failing to 
apply for and obtain registrations and meet notice requirements for 
emergency generators at its facilities in Walla Walla, Ellensburg, East 
Wenatchee, Colville, and Kennewick, Washington, and for failure to 
register and give notice of construction for emergency generators at 
its Yakima and Sunnyside, Washington facilities.
    Charter violated federally-approved SIP requirements which were 
approved by the EPA pursuant to CAA Section 110, 42 U.S.C. 7410. 
Charter is therefore subject to federal enforcement under CAA Section 
113, 42 U.S.C. 7413. The EPA, as authorized by CAA Section 113(d), 42 
U.S.C. 7413(d), may assess a civil penalty for these violations. Under 
CAA Section 113(d), 42 U.S.C. 7413(d), the Administrator may issue an 
administrative penalty order to any person who has violated or is in 
violation of any applicable requirement or prohibition of the CAA, 
including any rule, order, waiver, permit, or plan. Proceedings under 
CAA Section 113(d), 42 U.S.C. 7413(d), are conducted in accordance with 
40 CFR Part 22. The EPA, as authorized by the CAA, has assessed a civil 
penalty for these violations of federally-approved and federally-
enforceable SIP requirements.
    Respondent disclosed that it violated CAA Section 111, 42 U.S.C. 
7411, and 40 CFR 60.4207, when it failed to convert from high-sulfur 
(5,000 ppm) to low-sulfur (500 ppm) diesel fuel on October 1, 2007, at 
one (1) facility in Minnesota. The EPA, as authorized by CAA Section 
113(d), 42 U.S.C. 7413(d), has assessed a civil penalty for this 
violation.

[[Page 49514]]

CWA

    Respondent disclosed that it failed to prepare and implement a 
Spill Prevention, Control, and Countermeasure (SPCC) Plan in violation 
of CWA Section 311(j), 33 U.S.C. 1321(j), and the implementing 
regulations found at 40 CFR part 112, at two (2) facilities located in 
Massachusetts and Missouri and identified in Attachment A.
    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 the 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. As authorized by CWA Section 311(b)(6), 33 U.S.C. 
1321(b)(6), the EPA has assessed a civil penalty for these violations.
    Pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), the 
EPA will not issue an order in this proceeding prior to the close of 
the public comment period.

EPCRA

    Respondent disclosed that it violated EPCRA Section 302(c), 42 
U.S.C. 11002(c), and the implementing regulations found at 40 CFR part 
355, at forty-seven (47) facilities listed in Attachment A when it 
failed to notify the State Emergency Response Commission (SERC) and/or 
the Local Emergency Planning Committee (LEPC) that these facilities are 
subject to the requirements of Section 302(c) of EPCRA. These forty-
seven (47) facilities are located in the following states: Alabama, 
California, Connecticut, Georgia, Illinois, Kentucky, Louisiana, 
Massachusetts, Michigan, Minnesota, Missouri, North Carolina, Nebraska, 
Oregon, South Carolina, Tennessee, Texas, Washington, and Wisconsin.
    Respondent disclosed that it violated EPCRA Section 303(d), 42 
U.S.C. 11003(d), and the implementing regulations found at 40 CFR part 
355, at forty-seven (47) facilities listed in Attachment A when it 
failed to designate a facility emergency coordinator and notify the 
LEPCs with jurisdiction over these facilities. These forty-seven (47) 
facilities are located in the following states: Alabama, California, 
Connecticut, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, 
Michigan, Minnesota, Missouri, North Carolina, Nebraska, Oregon, South 
Carolina, Tennessee, Texas, Washington, and Wisconsin.
    Respondent disclosed that it violated EPCRA Section 311(a), 42 
U.S.C. 11021(a), and the implementing regulations found at 40 CFR part 
370, at seventy-eight (78) facilities listed in Attachment A when it 
failed to submit a Material Safety Data Sheet (MSDS) for a hazardous 
chemical(s) and/or extremely hazardous substance(s) or, in the 
alternative, a list of such chemicals, to the LEPCs, SERCs, and the 
fire departments with jurisdiction over these facilities. These 
seventy-eight (78) facilities are located in the following states: 
Alabama, California, Connecticut, Georgia, Illinois, Kentucky, 
Louisiana, Massachusetts, Michigan, Minnesota, Missouri, North 
Carolina, Nebraska, Nevada, Oregon, South Carolina, Tennessee, Texas, 
Washington, and Wisconsin.
    Respondent disclosed that it violated EPCRA Section 312(a), 42 
U.S.C. 11022(a), and the implementing regulations found at 40 CFR Part 
370, at seventy-eight (78) facilities listed in Attachment A when it 
failed to prepare and submit emergency and chemical inventory forms to 
the LEPCs, SERCs, and the fire departments with jurisdiction over these 
facilities. These seventy-eight (78) facilities are located in the 
following states: Alabama, California, Connecticut, Georgia, Illinois, 
Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, 
North Carolina, Nebraska, Nevada, Oregon, South Carolina, Tennessee, 
Texas, Washington, and Wisconsin.
    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. The EPA, as authorized by EPCRA Section 325, 42 U.S.C. 
11045, has assessed a civil penalty for these violations.

List of Subjects

    Environmental protection.

    Dated: August 1, 2013.
Andrew R. Stewart,
Acting Director, Special Litigation and Projects Division, Office of 
Civil Enforcement, Office of Enforcement and Compliance Assurance.
[FR Doc. 2013-19757 Filed 8-13-13; 8:45 am]
BILLING CODE 6560-50-P