[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52899-52901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24722]



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ENVIRONMENTAL PROTECTION AGENCY

[Docket ID No. EPA-HQ-2016-0268; FRL-9970-75-OECA]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Enel Green 
Power North America, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has entered into a 
Consent Agreement with ENEL Green Power North America, Inc. (EGPNA or 
Respondent) to resolve violations of the Clean Water Act (CWA), the 
Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA) 
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 CWA, CAA, RCRA and EPCRA 
portions of the CAFO, pursuant to CWA Sections 309(g)(4)(A) and 
311(b)(6)(C), 33 U.S.C. 1319(g)(4)(A) and 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 December 15, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2016-0268, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Peter W. Moore, Water Enforcement 
Division, Office of Civil Enforcement (2243-A), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 
telephone: (202) 564-6014; fax: (202) 564-0010; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This proposed settlement agreement is the result of voluntary 
disclosures of CWA, CAA, RCRA and EPCRA violations by EGPNA to the EPA. 
EGPNA is an electric energy producing company which specializes in 
producing clean energy from renewable sources (i.e., from hydro, solar, 
wind, geothermal and biomass sources) in lieu of carbon-based energy 
sources. EGPNA is incorporated in 1985 in the State of Massachusetts. 
EGPNA is located at 100 Brickstone Square, Ste 300, Andover, 
Massachusetts 01810.
    On October 12, 2012, 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 CWA, CAA, 
RCRA and EPCRA. Respondent agreed to submit a final audit report 
detailing the specific facilities assessed, information setting forth 
violations discovered, and corrective actions taken. Respondent 
ultimately audited a total of 77 facilities, as documented in 
Respondent's November 14, 2012 and final audit report and the March 7, 
2013 supplemental audit report.
    All violations discovered and disclosed by the Respondent are 
listed in Attachments A and B 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 for the 
violations identified in Attachment A of the CAFO. Therefore, 100 
percent of the gravity-based penalty calculated for the violations 
identified in Attachment A of the CAFO is being waived.
    Attachment B of the CAFO identifies certain CWA violations that did 
not meet Condition V of the Audit Policy requiring correction of the 
violation within 60 days of discovery. For these violations, a gravity-
based penalty of $22,373 is assessed.
    For all violations listed in Attachments A and B, EPA calculated an 
economic benefit of noncompliance of $54,624. This number was 
calculated using specific cost information provided by Respondent and 
use of the Economic Benefit (BEN) computer model.
    EGPNA has agreed to pay a total civil penalty of $76,997 for all 
the violations identified in Attachments A and B of the CAFO. Of this 
amount, $54,624 is the economic benefit of noncompliance and $22,373 is 
the gravity-based penalty for the violations listed in Attachment B of 
the CAFO.
    Of this total amount, $633 is attributable to the CAA violations, 
$49,817 is attributable to the CWA NPDES violations, $23,946 is 
attributable to the CWA SPCC violations, $907 is attributable to the 
RCRA violations, and $1,664 is attributable to the 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: ENEL Green Power 
North America, Inc..; enforcement settlement identifier numbers CWA-HQ-
2015-8003, RCRA-HQ-2015-8003, CAA-HQ-2015-8003 and EPCRA-HQ-2015-8003). 
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 [insert date 30 days after date of 
publication in the Federal Register]. 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

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 eighteen (18) facilities 
located in Idaho, Kansas, Massachusetts, Minnesota, New Hampshire, 
Nevada, New York, Oklahoma, Texas, Washington, and

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West Virginia,, identified in Attachment A and listed below.

Bypass, 2371 East 1100, South Hazelton, ID 83335
Hazelton, 2310 East 930, Hazelton, ID 83335
Caney River, 1205 Road 7, Howard, KS 67353
Caney River, 1206 Road 7, Howard, KS 67353
Lawrence, 9 South Broadway, Lawrence, MA 01840
Minnesota Wind, 112 Center St, Lake Bento, MN 56151
Sweetwater, 340 Plains Road, Claremont NH, 03743
Somersworth, 83 Olde Mill Road, Somersworth, NH 03879
Salt Wells, 6059 Salt Wells Road, Fallon, NV 89406
Stillwater Geo, 4785 Lawrence Lane, Fallon, NV 89406
Stillwater Solar, 4789 Lawrence Lane, Fallon, NV 89406
Wethersfield Wind, 4179 Poplar Tree Road, Gainesville, NY 14066
LaChute Lower, Elk Drive, Ticonderoga, NY 12884
Fenner, 5508 Selinger Road, Cazenovia, NY 13035
Rocky Ridge, 13237 N2240, Hobart, OK 73651
Snyder Wind Farm, 836 Country Road, Hemleigh, TX 79527
Twin Falls, 49032 Southeast 177th Street, North Bend, WA 98045
Gauley, Gauley River Power Partners, Summersville, WVA 26651

    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.
    Respondent disclosed that it violated CWA Sections 301(a), 33 
U.S.C. 1311(a) and Section 402(a), 33 U.S.C. 1342(a) and implementing 
regulations found at 40 CFR part 122 at twenty-six (26) facilities 
located in Georgia, Idaho, Massachusetts, New Hampshire, New York, 
North Carolina, South Carolina, Vermont, Virginia, and identified in 
Attachments A and B and listed below.

Milstead, Main Street, Conyers, GA 30207
Barber Dam, 5456 Warm Springs Ave, Boise ID 8371
Hazelton, 2310 East 930, Hazelton, ID 83335
Bypass, 2371 East 1100 South Hazelton, ID 83335
Dietrich Drop, 5 mi S of Dietrich on Milner, Dietrich Drop, ID 83324
Elk Creek, 176 Elk Lake Road, New Meadows, ID 83655
GeoBon--Notch Butte, 120 West Road, Shoshone, ID 83352
Crescent, 1191 Huntington Road, Russell, MA 01702
Glendale, Route 184, Stockbridge, MA 01263
Low Line Rapids, 5 mi S, 1 mi W of Kimberly, Kimberly, ID 83343
Rock Creek, Canyon Springs Road 2.3mi W, 1.2S, Twin Falls, ID 83304
Lower Valley, 131 Sullivan Street, Claremont, NH 03744
Sweetwater, 341 Plains Road, Claremont, NH 03744
Rollinsford, 2 \1/2\ Front Street, Rollinsford, NH 03786
Mascoma, Route 12A, West Lebanon, NH 03785
Woodsville, 4 North Court Street, Woodsville, NH 03786
EHC, 1965 Maple Street, West Hopkinton, NH 03229
Somersworth, 83 Olde Mill Road, Somersworth, NH 03879
Groveville, Route 52, Beacon, NY 12508
High Shoals, River Street, High Shoals, NC 28208
Piedmont, Highway 86, Piedmont, SC 29673
Ware Shoals, Powerhouse Road, Ware Shoals, SC 26962
Sheldon Springs, 122 Heather Lane, Sheldon Springs, VT 05486
Ottauquechee, 47 Mill Street, N. Hartland, VT 05053
Barnet, Route 7, Barnet, VT 05083
Fries, Highway 95, Fries, VA 24331

    Under CWA Section 309(a) and (g)(2)(B), 33 U.S.C. 1319(a) and 
(g)(2)(B), any person who is in violation of any condition or 
limitation which implements section 301, 302, 306, 307, 308, 318, or 
405 of this title in a permit issued by a State under an approved 
permit program under section 402 or 404 of this title may be assessed 
an administrative penalty of up to $177,500 by the EPA. Class II 
proceedings under CWA Section 309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), 
are conducted in accordance with 40 CFR part 22. As authorized by CWA 
Section 309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), the EPA has assessed a 
civil penalty for these violations.

CAA

    Respondent disclosed that it violated CAA Section 110, 42 U.S.C. 
7410 and Nevada State Implementation Plan for operating under a Class 
II Air Quality Operating Permit that imposes emission limits, 
monitoring, testing, and reporting requirements for failing to maintain 
records or report significant losses of isobutane during routine 
maintenance. The facilities are located in the State of Nevada.
    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.

RCRA

    Respondent disclosed that it failed to comply with RCRA Section 
3002 of RCRA, 42 U.S.C. 6922, and the regulations found at 40 CFR part 
265, 273, and 279, at sixty (60)) facilities listed in Attachment A of 
the CAFO when it failed to conduct waste accumulation and storage 
inspections; maintain proper universal waste disposal and handling 
practices for spent fluorescent lamps and tubes; and by failing to 
maintain waste oil in accordance with the regulations. These sixty (60) 
facilities are located in the following states: California, 
Connecticut, Georgia, Idaho, Kansas, Maine, Massachusetts, Minnesota, 
Oklahoma, Nevada, New York, North Carolina, Pennsylvania, South 
Carolina Vermont, Virginia and Washington, West Virginia.
    Under RCRA Section 3008, 42 U.S.C. 6928, the Administrator may 
issue an order assessing a civil penalty for any past or current 
violation the RCRA. Proceedings under RCRA Section 3008, 42 U.S.C. 
6928, are conducted in accordance with 40 CFR part 22. The EPA, as 
authorized by the RCRA, has assessed a civil penalty for these 
violations.

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 three (3) facilities listed in Attachment

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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 three (3) facilities are located in the following states: Kansas 
and New Hampshire.
    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 three (3) 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 three (3) facilities are 
located in the following states: Kansas and New Hampshire.
    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 three (3) 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 three (3) facilities are located in the following 
states: Kansas and New Hampshire.
    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: October 27, 2017.
Rosemarie Kelley,
Acting Director, Office of Civil Enforcement, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 2017-24722 Filed 11-14-17; 8:45 am]
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