82 FR 33905 - Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding JPMorgan Chase Bank, N.A.

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 139 (July 21, 2017)

Page Range		33905-33907
FR Document		2017-15376
The Environmental Protection Agency (EPA) has entered into a Consent Agreement with JPMorgan Chase Bank, N.A. (JPMC 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 CAFO. 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 82 Issue 139 (Friday, July 21, 2017)
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Pages 33905-33907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15376]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2017-0206; FRL-9964-67-OECA]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding JPMorgan Chase 
Bank, N.A.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has entered into a 
Consent Agreement with JPMorgan Chase Bank, N.A. (JPMC 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 CAFO. 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 August 21, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2017-0206, to the Federal eRulemaking Portal: https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Philip Milton, Waste and Chemical 
Enforcement Division (2249-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 CWA, CAA, RCRA and EPCRA violations by JPMC to the EPA. 
JPMC and affiliated entities comprise one of the largest financial 
services firms in the United States, offering investment banking, 
financial services for consumers and small businesses, commercial 
banking, financial transaction processing and asset management, both 
domestically and internationally. JPMorgan Chase Bank, N.A. is a 
national banking association with its main office located at 1111 
Polaris Parkway, Columbus, Ohio 43240.
    On August 6, 2014, EPA accepted JPMC's June 19, 2014 proposal to 
enter into an audit agreement to audit 133 facilities owned and/or 
operated by JPMC or affiliated entities for compliance with the CAA, 
CWA, EPCRA, and RCRA under EPA's Incentives for Self-Policing: 
Discovery, Disclosure, Correction and Prevention of Violations (Audit 
Policy), 65 FR 19618 (April 11, 2000). On December 19, 2014, JPMC 
provided its final report.
    In follow-up to its 2014 Audit and JPMC's commitment to prevent 
recurrence of noncompliance in the future, JPMC developed and 
implemented a compliance management system (CMS) that incudes annual 
auditing. JPMC approached the design of this annual audit program with 
the same integrity and objectivity as used in the original 2014 Audit 
program. With the benefit of this expertise, JPMC conducted annual 
internal audits in 2015 (at 42 sites) and 2016 (at 39 sites) and 
disclosed additional potential noncompliance discovered through its 
2015 and 2016 internal audits on November 20, 2015 and December 2, 
2016, respectively.
    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 violations that did not 
meet all the conditions of the Audit Policy. For these violations, a 
gravity-based penalty of $52,977 is assessed.
    For all violations listed in Attachments A and B, EPA calculated an 
economic benefit of noncompliance of $177,415. This number was 
calculated using specific cost information provided by Respondent and 
use of the Economic Benefit (BEN) computer model.
    JPMC has agreed to pay a total civil penalty of $230,392 for all 
the violations identified in Attachments A and B of the CAFO. Of this 
amount, $177,415 is the economic benefit of noncompliance and $52,977 
is the gravity-based penalty for the violations listed in Attachment B 
of the CAFO.
    Of this total amount, $16,731 is attributable to the CAA 
violations, $88,538 is attributable to the CWA SPCC violations, $27,649 
is attributable to the RCRA violations, and $97,474 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: JPMorgan Chase Bank, 
N.A.; enforcement settlement identifier numbers CAA-HQ-2017-6001, CWA-
HQ-2017-6001; EPCRA-HQ-2017-6001; and RCRA-HQ-2017-6001). This Consent 
Agreement is subject to public notice and comment under Section

[[Page 33906]]

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/or 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 the following forty-four (44) 
facilities located in Arizona, California, Delaware, Florida, Indiana, 
Kentucky, Louisiana, Massachusetts, Michigan, New Hampshire, New 
Jersey, New York, Ohio, and Texas, identified in Attachments A and B of 
the CAFO.

----------------------------------------------------------------------------------------------------------------
             Facility                       Street                 City                       State
----------------------------------------------------------------------------------------------------------------
Sky Harbor Operations Center......  1820 E Sky Harbor      Phoenix.............  Arizona.
                                     Circle S.
560 Mission Street................  560 Mission Street...  San Francisco.......  California.
Iron Hill-Cole House Bldg.........  4041 Ogletown Road...  Newark..............  Delaware.
880 Powder Mill Rd................  880 Powder Mill Rd...  Wilmington..........  Delaware.
Four Christina Center.............  300 King Street......  Wilmington..........  Delaware.
7255 Baymeadows Way...............  7255 Baymeadows Way..  Jacksonville........  Florida.
7301 Baymeadows Way...............  7301 Baymeadows Way..  Jacksonville........  Florida.
H01--H03 Highland Manor Drive.....  10410-30 Highland      Tampa...............  Florida.
                                     Manor Drive.
4200 W Cypress Street.............  4200 W. Cypress        Tampa...............  Florida.
                                     Street, Suite 350.
HO1-10430 Highland Manor..........  10430 Highland Manor   Tampa...............  Florida.
                                     Drive.
Indianapolis West Operation Center  7610 West Washington   Indianapolis........  Indiana.
                                     Street.
IRS Louisville Operations.........  5101 Interchange Way.  Louisville..........  Kentucky.
Vault Complex.....................  1245 Edwards Road....  Harahan.............  Louisiana.
Delta Drive Complex...............  780 Kansas Lane......  Monroe..............  Louisiana.
                                    780 Delta Drive......
                                    700 Kansas Lane......
Zachary Command Center............  4431-B Highway 19....  Zachary.............  Louisiana.
451 D Street......................  70 Fargo Street......  Boston..............  Massachusetts.
Belleville Technology Center......  9000 Haggerty Road...  Belleville..........  Michigan.
1 Northeastern Blvd...............  1 Northeastern Blvd..  Salem...............  New Hampshire.
4 Northeastern Blvd...............  4 Northeastern Blvd..
5 Northeastern Blvd...............  5 Northeastern Blvd..
Carlstadt Data Center.............  600 Commerce           Carlstadt...........  New Jersey.
                                     Boulevard.
NOC 5--575 Washington.............  575 Washington         Jersey City.........  New Jersey.
                                     Boulevard.
Weehawken Data Center.............  300 Boulevard East...  Weehawken...........  New Jersey.
Flatbush Ave......................  883 Flatbush Avenue..  Brooklyn............  New York.
WM5469 Dekalb.....................  9 DeKalb Ave.........  Brooklyn............  New York.
New Rochelle Main St..............  491 Main Street......  New Rochelle........  New York.
SoHo..............................  525 Broadway.........  New York............  New York.
383 Madison Avenue (BSC)..........  383 Madison Avenue...  New York............  New York.
WM5477 East Village...............  130 Second Ave.......  New York............  New York.
270 Park Avenue...................  270 Park Avenue......  New York............  New York.
1000 Polaris......................  1000 Polaris Parkway.  Columbus............  Ohio.
Polaris McCoy Center..............  1111 Polaris Parkway.  Columbus............  Ohio.
3415 Vision Drive.................  3415 Vision Drive....  Columbus............  Ohio.
340 McCoy Building................  340 South Cleveland    Westerville.........  Ohio.
                                     Avenue.
370 McCoy Building................  370 South Cleveland    Westerville.........  Ohio.
                                     Avenue.
380 McCoy Building................  380 South Cleveland    Westerville.........  Ohio.
                                     Avenue.
Arlington Call Center.............  4501 New York Avenue.  Arlington...........  Texas.
WM7097 Dallas EDC 1...............  2500 Marsh Lane......  Carrolton...........  Texas.
Freeport IV.......................  1111 North Point       Coppell.............  Texas.
                                     Drive.
Freeport TX.......................  625 Freeport Parkway.  Coppell.............  Texas.
JPMIP One.........................  14201 North Dallas     Farmers Branch......  Texas.
                                     Parkway.
1111 Fannin.......................  1111 Fannin..........  Houston.............  Texas.
WM7266 Royal Ridge Operations       3929 W John Carpenter  Irving..............  Texas.
 Center RROC.                        Freeway.
Lake Vista III (BSC)..............  2780 Lake Vista Drive  Lewisville..........  Texas.
Lake Vista 7--Lewisville..........  2777 Lake Vista Drive  Lewisville..........  Texas.
WM2200 Stone Oak Bldg C...........  20855 Stone Oak        San Antonio.........  Texas.
                                     Parkway.
----------------------------------------------------------------------------------------------------------------

    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 $226,338 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.

[[Page 33907]]

EPCRA

    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-four (74) facilities listed in Attachments A and B of 
the CAFO 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-four (74) facilities are located in the following states: 
Arizona, California, Delaware, Florida, Georgia, Illinois, Indiana, 
Kentucky, Louisiana, Massachusetts, Missouri, New Hampshire, New 
Jersey, New York, Ohio, and Texas.
    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-three (73) facilities listed in Attachments A and B of 
the CAFO 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-one facilities are 
located in the following states: Arizona, California, Delaware, 
Florida, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, 
Missouri, New Hampshire, New Jersey, New York, Ohio, and Texas.
    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.

CAA

ODS Requirements
    Respondent disclosed that it violated CAA Sections 608(a)(1) and 
(2), 42 U.S.C. 7671g(a)(l) and (2), and the implementing regulations 
found 40 CFR part 82, at thirty-four (34) facilities listed in 
Attachments A and B of the CAFO when it failed to maintain records 
required by 40 CFR 82.166 for its appliances. These thirty-four (34) 
facilities are located in the following states: Arizona, California, 
Illinois, Louisiana, Michigan, Missouri, New York, Ohio, Oklahoma, 
Oregon, Texas, and Wisconsin.
CAA NSPS Subpart IIII
    Respondent disclosed that it failed to comply with CAA Section 111, 
42 U.S.C. 7411, and 40 CFR part 60, subpart IIII when it failed to 
maintain a 12-month rolling total log of the hours of operation for 
four (4) compression ignition internal combustion engines (emergency 
generators) at one (1) facility in Michigan.
    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 
273, at seventy-eight (78) facilities listed in Attachments A and B of 
the CAFO when it failed to maintain proper universal waste disposal and 
handling by failing to properly store, label, or inventory spent 
fluorescent lamps and tubes, used lead-acid batteries, and by failing 
to train employees in proper identification. These seventy-eight (78) 
facilities are located in the following states: Arizona, California, 
Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, 
Louisiana, Michigan, New Hampshire, New Jersey, New York, Ohio, 
Oklahoma, Texas, Washington, and Wisconsin.
    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.

List of Subjects

    Environmental protection.

    Dated: June 29, 2017.
Susan Shinkman,
Director, Office of Civil Enforcement, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 2017-15376 Filed 7-20-17; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices 33905

(5) the other agency agrees in writing instructions for submitting comments. recurrence of noncompliance in the
that in accordance with the law, it will Once submitted, comments cannot be future, JPMC developed and
not disclose further any information edited or withdrawn. The EPA may implemented a compliance management
designated as confidential. publish any comment received to its system (CMS) that incudes annual
In the case at hand, all of the required public docket. Do not submit auditing. JPMC approached the design
elements of 40 CFR 2.209(c) have been electronically any information you of this annual audit program with the
met upon publication of this notice. consider to be Confidential Business same integrity and objectivity as used in
Information (CBI) or other information the original 2014 Audit program. With
III. Impact on Vehicle Manufacturers the benefit of this expertise, JPMC
whose disclosure is restricted by statute.
Given that EIA is aware that the Multimedia submissions (audio, video, conducted annual internal audits in
shared information is CBI or has been etc.) must be accompanied by a written 2015 (at 42 sites) and 2016 (at 39 sites)
claimed as CBI, and intends to take the comment. The written comment is and disclosed additional potential
necessary steps to ensure that the data considered the official comment and noncompliance discovered through its
provided is kept secure and should include discussion of all points 2015 and 2016 internal audits on
confidential, there is no impact on you wish to make. The EPA will November 20, 2015 and December 2,
vehicle manufacturers to the release of generally not consider comments or 2016, respectively.
this data. comment contents located outside of the All violations discovered and
Dated: July 5, 2017. primary submission (i.e., on the Web, disclosed by the Respondent are listed
Byron Bunker, cloud, or other file sharing system). For in Attachments A and B to the CAFO.
Director, Compliance Division, Office of additional submission methods, the full Proposed Settlement
Transportation & Air Quality. EPA public comment policy,
information about CBI or multimedia The EPA determined that Respondent
[FR Doc. 2017–15377 Filed 7–20–17; 8:45 am] satisfactorily completed its audit and
submissions, and general guidance on
BILLING CODE 6560–50–P
making effective comments, please visit has met all conditions set forth in the
https://www2.epa.gov/dockets/ Audit Policy for the violations
commenting-epa-dockets. identified in Attachment A of the
ENVIRONMENTAL PROTECTION CAFO. Therefore, 100 percent of the
AGENCY FOR FURTHER INFORMATION CONTACT:
gravity-based penalty calculated for the
Philip Milton, Waste and Chemical violations identified in Attachment A of
[EPA–HQ–OECA–2017–0206; FRL–9964–
67–OECA]
Enforcement Division (2249–A), U.S. the CAFO is being waived.
Environmental Protection Agency, 1200 Attachment B of the CAFO identifies
Clean Water Act Class II: Proposed Pennsylvania Avenue NW., Washington, certain violations that did not meet all
Administrative Settlement, Penalty DC 20460; telephone: (202) 564–5029; the conditions of the Audit Policy. For
Assessment and Opportunity To fax: (202) 564–0010; email: these violations, a gravity-based penalty
Comment Regarding JPMorgan Chase milton.philip@epa.gov. of $52,977 is assessed.
Bank, N.A. SUPPLEMENTARY INFORMATION: For all violations listed in
Background Attachments A and B, EPA calculated
AGENCY: Environmental Protection
an economic benefit of noncompliance
Agency (EPA). This proposed settlement agreement of $177,415. This number was
ACTION: Notice. is the result of voluntary disclosures of calculated using specific cost
CWA, CAA, RCRA and EPCRA information provided by Respondent
SUMMARY: The Environmental Protection violations by JPMC to the EPA. JPMC
Agency (EPA) has entered into a and use of the Economic Benefit (BEN)
and affiliated entities comprise one of computer model.
Consent Agreement with JPMorgan the largest financial services firms in the JPMC has agreed to pay a total civil
Chase Bank, N.A. (JPMC or Respondent) United States, offering investment penalty of $230,392 for all the violations
to resolve violations of the Clean Water banking, financial services for identified in Attachments A and B of
Act (CWA), the Clean Air Act (CAA), consumers and small businesses, the CAFO. Of this amount, $177,415 is
the Resource Conservation and commercial banking, financial the economic benefit of noncompliance
Recovery Act (RCRA) and the transaction processing and asset and $52,977 is the gravity-based penalty
Emergency Planning and Community management, both domestically and for the violations listed in Attachment B
Right-to-Know Act (EPCRA) and their internationally. JPMorgan Chase Bank, of the CAFO.
implementing regulations. N.A. is a national banking association Of this total amount, $16,731 is
The Administrator is hereby with its main office located at 1111 attributable to the CAA violations,
providing public notice of this Consent Polaris Parkway, Columbus, Ohio $88,538 is attributable to the CWA SPCC
Agreement and proposed Final Order 43240. violations, $27,649 is attributable to the
(CAFO), and providing an opportunity On August 6, 2014, EPA accepted RCRA violations, and $97,474 is
for interested persons to comment on JPMC’s June 19, 2014 proposal to enter attributable to the EPCRA violations.
the CAFO. Upon closure of the public into an audit agreement to audit 133 The EPA and Respondent negotiated
comment period, the CAFO and any facilities owned and/or operated by the Consent Agreement in accordance
public comments will be forwarded to JPMC or affiliated entities for with the Consolidated Rules of Practice,
the Agency’s Environmental Appeals compliance with the CAA, CWA, 40 CFR part 22, specifically 40 CFR
Board (EAB). EPCRA, and RCRA under EPA’s 22.13(b) and 22.18(b) (In re: JPMorgan
sradovich on DSK3GMQ082PROD with NOTICES

DATES: Comments are due on or before Incentives for Self-Policing: Discovery, Chase Bank, N.A.; enforcement
August 21, 2017. Disclosure, Correction and Prevention of settlement identifier numbers CAA–
ADDRESSES: Submit your comments, Violations (Audit Policy), 65 FR 19618 HQ–2017–6001, CWA–HQ–2017–6001;
identified by Docket ID No. EPA–HQ– (April 11, 2000). On December 19, 2014, EPCRA–HQ–2017–6001; and RCRA–
OECA–2017–0206, to the Federal JPMC provided its final report. HQ–2017–6001). This Consent
eRulemaking Portal: https:// In follow-up to its 2014 Audit and Agreement is subject to public notice
www.regulations.gov. Follow the online JPMC’s commitment to prevent and comment under Section

VerDate Sep<11>2014 19:50 Jul 20, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1
Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Notices 33907

EPCRA CAA NSPS Subpart IIII ENVIRONMENTAL PROTECTION
Respondent disclosed that it violated AGENCY
Respondent disclosed that it failed to
EPCRA Section 311(a), 42 U.S.C. comply with CAA Section 111, 42 [FRL–9965–19-Region 1]
11021(a), and the implementing
U.S.C. 7411, and 40 CFR part 60,
regulations found at 40 CFR part 370, at Proposed CERCLA Administrative
seventy-four (74) facilities listed in subpart IIII when it failed to maintain a
Cost Recovery Settlement: Parker
Attachments A and B of the CAFO when 12-month rolling total log of the hours
Street Waste Site, New Bedford,
it failed to submit a Material Safety Data of operation for four (4) compression Massachusetts
Sheet (MSDS) for a hazardous ignition internal combustion engines
chemical(s) and/or extremely hazardous (emergency generators) at one (1) facility AGENCY: Environmental Protection
substance(s) or, in the alternative, a list in Michigan. Agency (EPA).
of such chemicals, to the LEPCs, SERCs, Under CAA Section 113(d), 42 U.S.C. ACTION: Notice of proposed settlement;
and the fire departments with 7413(d), the Administrator may issue an request for public comments.
jurisdiction over these facilities. These administrative penalty order to any SUMMARY: Notice is hereby given of a
seventy-four (74) facilities are located in person who has violated or is in proposed administrative cost settlement
the following states: Arizona, California, violation of any applicable requirement for recovery of response costs
Delaware, Florida, Georgia, Illinois, or prohibition of the CAA, including
Indiana, Kentucky, Louisiana, concerning the Parker Street Waste Site,
any rule, order, waiver, permit, or plan. located in New Bedford, Bristol County,
Massachusetts, Missouri, New
Proceedings under CAA Section 113(d), Massachusetts with the Settling Party
Hampshire, New Jersey, New York,
Ohio, and Texas. 42 U.S.C. 7413(d), are conducted in the City of New Bedford. The proposed
Respondent disclosed that it violated accordance with 40 CFR part 22. The settlement requires the Settling Party
EPCRA Section 312(a), 42 U.S.C. EPA, as authorized by the CAA, has pay EPA $1,600,000 to settle EPA’s past
11022(a), and the implementing assessed a civil penalty for these response costs, which currently amount
regulations found at 40 CFR part 370, at violations. to $18,408,619. In exchange, EPA will
seventy-three (73) facilities listed in provide the Settling Party with a
RCRA covenant not to sue for past costs. The
Attachments A and B of the CAFO when
it failed to prepare and submit Respondent disclosed that it failed to settlement has been approved by the
emergency and chemical inventory Environmental and Natural Resources
comply with RCRA Section 3002 of
forms to the LEPCs, SERCs, and the fire Division of the United States
RCRA, 42 U.S.C. 6922, and the
departments with jurisdiction over these Department of Justice. For 30 days
regulations found at 40 CFR part 273, at
facilities. These seventy-one facilities following the date of publication of this
seventy-eight (78) facilities listed in notice, the Agency will receive written
are located in the following states: Attachments A and B of the CAFO when
Arizona, California, Delaware, Florida, comments relating to the settlement for
it failed to maintain proper universal recovery of response costs. The Agency
Illinois, Indiana, Kentucky, Louisiana, waste disposal and handling by failing
Massachusetts, Missouri, New will consider all comments received and
to properly store, label, or inventory may modify or withdraw its consent to
Hampshire, New Jersey, New York,
spent fluorescent lamps and tubes, used this cost recovery settlement if
Ohio, and Texas.
Under EPCRA Section 325, 42 U.S.C. lead-acid batteries, and by failing to comments received disclose facts or
11045, the Administrator may issue an train employees in proper identification. considerations which indicate that the
administrative order assessing a civil These seventy-eight (78) facilities are settlement is inappropriate, improper,
penalty against any person who has located in the following states: Arizona, or inadequate. The Agency’s response to
violated applicable emergency planning California, Colorado, Delaware, Florida, any comments received will be available
or right-to-know requirements, or any Georgia, Illinois, Indiana, Kentucky, for public inspection at the New
other requirement of EPCRA. Louisiana, Michigan, New Hampshire, Bedford Free Public Library, 613
Proceedings under EPCRA Section 325, New Jersey, New York, Ohio, Oklahoma, Pleasant Street, New Bedford 02740 and
42 U.S.C. 11045, are conducted in Texas, Washington, and Wisconsin. at the Environmental Protection
accordance with 40 CFR part 22. The Agency—Region I, 5 Post Office Square,
Under RCRA Section 3008, 42 U.S.C.
EPA, as authorized by EPCRA Section Suite 100, Boston, MA 02109–3912.
6928, the Administrator may issue an
325, 42 U.S.C. 11045, has assessed a DATES: Comments must be submitted by
order assessing a civil penalty for any
civil penalty for these violations. past or current violation the RCRA. August 21, 2017.
CAA Proceedings under RCRA Section 3008, ADDRESSES: Comments should be
42 U.S.C. 6928, are conducted in addressed to John Kilborn, Senior
ODS Requirements Enforcement Counsel, U.S.
accordance with 40 CFR part 22. The
Respondent disclosed that it violated EPA, as authorized by the RCRA, has Environmental Protection Agency, 5
CAA Sections 608(a)(1) and (2), 42 Post Office Square, Suite 100 (OES04–
assessed a civil penalty for these
U.S.C. 7671g(a)(l) and (2), and the 3), Boston, MA 02109–3912 (Telephone
violations.
implementing regulations found 40 CFR No. 617–918–1893) and should
part 82, at thirty-four (34) facilities List of Subjects reference the Parker Street Waste Site,
listed in Attachments A and B of the U.S. EPA Docket No: CERCLA 01–2012–
CAFO when it failed to maintain Environmental protection. 0040.
sradovich on DSK3GMQ082PROD with NOTICES

records required by 40 CFR 82.166 for Dated: June 29, 2017. FOR FURTHER INFORMATION CONTACT:
its appliances. These thirty-four (34) Susan Shinkman, A copy of the proposed settlement may
facilities are located in the following Director, Office of Civil Enforcement, Office be obtained from Stacy Greendlinger,
states: Arizona, California, Illinois, of Enforcement and Compliance Assurance. Office of Site Remediation and
Louisiana, Michigan, Missouri, New [FR Doc. 2017–15376 Filed 7–20–17; 8:45 am]
Restoration, U.S. Environmental
York, Ohio, Oklahoma, Oregon, Texas, Protection Agency, Region I, 5 Post
BILLING CODE 6560–50–P
and Wisconsin. Office Square, Suite 100 (OSRR02–2),

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Document Created: 2017-07-21 06:00:41
Document Modified: 2017-07-21 06:00:41
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments are due on or before August 21, 2017.
Contact		Philip Milton, Waste and Chemical Enforcement Division (2249-A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564-5029; fax: (202) 564-0010; email: [email protected]
FR Citation		82 FR 33905