80 FR 48099 - Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Comcast Cable Communications, L.L.C.

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 154 (August 11, 2015)

The Environmental Protection Agency (EPA) has entered into a Consent Agreement with Comcast Cable Communications, L.L.C. (Comcast or Respondent) to resolve violations of 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 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).

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48099-48100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19725]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9932-14-OECA; Docket ID Number EPA-HQ-OECA-2015-0540]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Comcast Cable 
Communications, L.L.C.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has entered into a 
Consent Agreement with Comcast Cable Communications, L.L.C. (Comcast or 
Respondent) to resolve violations of 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 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 10, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2015-0540, 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-2015-0540.
     Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OECA-
2015-0540.
     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-2015-0540.
     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-2015-
0540. 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: 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; email: [email protected].

Background

    This proposed settlement agreement is the result of voluntary 
disclosures of CWA and EPCRA violations by Comcast to the EPA. Comcast 
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 
1701 John F. Kennedy Boulevard, Philadelphia, PA 19103, and 
incorporated in Delaware. The Comcast facilities that underwent audits 
included engineering facilities, customer service centers, field 
technician fulfillment offices, call centers, warehouses and 
administrative offices.
    On August 11, 2014, 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 19618 (Apr. 11,

[[Page 48100]]

2000), in which Respondent agreed to conduct a systematic, documented, 
and objective review of its compliance with applicable provisions of 
the CWA 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 286 facilities, and as agreed upon with 
the EPA, Respondent submitted a final audit report to the EPA on 
January 5, 2015. 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. Comcast 
has agreed to pay a civil penalty of $28,782 for the violations 
identified in Attachments A and B. This figure is the calculated 
economic benefit of noncompliance based on information provided by 
Respondent and use of the Economic Benefit (BEN) computer model. Of 
this amount $22,393 is attributable to CWA violations, and $6,389 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: Comcast Cable 
Communications, L.L.C.; enforcement settlement identifier numbers CWA-
HQ-2015-8001 and EPCRA-HQ-2015-8001). 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 10, 
2015. 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 10 facilities located in 
Alabama, Arkansas, Georgia, South Carolina, and Tennessee, identified 
in Attachment B.
    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 six 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 facilities are 
located in Alabama, South Carolina, and Tennessee.
    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 22 facilities listed in Attachment A when it failed to submit a 
Material Safety Data Sheet (MSDS) for hazardous chemicals and/or 
extremely hazardous substances or, in the alternative, a list of such 
chemicals, to the LEPCs, SERCs, and the fire departments with 
jurisdiction over these facilities. These facilities are located in 
Alabama, California, Georgia, South Carolina, Mississippi, and 
Tennessee.
    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 26 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 
facilities are located in Alabama, California, Georgia, South Carolina, 
Mississippi, and Tennessee.
    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 4, 2015.
Andrew R. Stewart,
Acting Director, Special Litigation and Projects Division, Office of 
Civil Enforcement, Office of Enforcement and Compliance Assurance.
[FR Doc. 2015-19725 Filed 8-10-15; 8:45 am]
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