82 FR 52899 - Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Enel Green Power North America, Inc.

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range		52899-52901
FR Document		2017-24722

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).

Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)

[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52899-52901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24722]



[[Page 52899]]

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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.

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

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

[[Page 52900]]

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

[[Page 52901]]

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]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 52899

ENVIRONMENTAL PROTECTION information about CBI or multimedia requiring correction of the violation
AGENCY submissions, and general guidance on within 60 days of discovery. For these
making effective comments, please visit violations, a gravity-based penalty of
[Docket ID No. EPA–HQ–2016–0268; FRL–
http://www2.epa.gov/dockets/ $22,373 is assessed.
9970–75–OECA]
commenting-epa-dockets. For all violations listed in
Clean Water Act Class II: Proposed FOR FURTHER INFORMATION CONTACT: Attachments A and B, EPA calculated
Administrative Settlement, Penalty Peter W. Moore, Water Enforcement an economic benefit of noncompliance
Assessment and Opportunity To Division, Office of Civil Enforcement of $54,624. This number was calculated
Comment Regarding Enel Green Power (2243–A), U.S. Environmental using specific cost information provided
North America, Inc. Protection Agency, 1200 Pennsylvania by Respondent and use of the Economic
Avenue NW., Washington, DC 20460; Benefit (BEN) computer model.
AGENCY: Environmental Protection telephone: (202) 564–6014; fax: (202) EGPNA has agreed to pay a total civil
Agency (EPA). 564–0010; email: Moore.peter@epa.gov. penalty of $76,997 for all the violations
ACTION: Notice. SUPPLEMENTARY INFORMATION: identified in Attachments A and B of
the CAFO. Of this amount, $54,624 is
SUMMARY: The Environmental Protection Background the economic benefit of noncompliance
Agency (EPA) has entered into a
This proposed settlement agreement and $22,373 is the gravity-based penalty
Consent Agreement with ENEL Green
is the result of voluntary disclosures of for the violations listed in Attachment B
Power North America, Inc. (EGPNA or
CWA, CAA, RCRA and EPCRA of the CAFO.
Respondent) to resolve violations of the
violations by EGPNA to the EPA. Of this total amount, $633 is
Clean Water Act (CWA), the Clean Air
EGPNA is an electric energy producing attributable to the CAA violations,
Act (CAA), the Resource Conservation
company which specializes in $49,817 is attributable to the CWA
and Recovery Act (RCRA) and the
producing clean energy from renewable NPDES violations, $23,946 is
Emergency Planning and Community
sources (i.e., from hydro, solar, wind, attributable to the CWA SPCC
Right-to-Know Act (EPCRA) and their
geothermal and biomass sources) in lieu violations, $907 is attributable to the
implementing regulations.
of carbon-based energy sources. EGPNA RCRA violations, and $1,664 is
The Administrator is hereby
is incorporated in 1985 in the State of attributable to the EPCRA violations.
providing public notice of this Consent
Massachusetts. EGPNA is located at 100 The EPA and Respondent negotiated
Agreement and proposed Final Order
Brickstone Square, Ste 300, Andover, the Consent Agreement in accordance
(CAFO), and providing an opportunity
Massachusetts 01810. with the Consolidated Rules of Practice,
for interested persons to comment on
On October 12, 2012, the EPA and 40 CFR part 22, specifically 40 CFR
the CWA, CAA, RCRA and EPCRA
Respondent entered into a corporate 22.13(b) and 22.18(b) (In re: ENEL Green
portions of the CAFO, pursuant to CWA
audit agreement pursuant to the Power North America, Inc..;
Sections 309(g)(4)(A) and 311(b)(6)(C),
Agency’s policy on Incentives for Self- enforcement settlement identifier
33 U.S.C. 1319(g)(4)(A) and 33 U.S.C.
Policing: Discovery, Disclosure, numbers CWA–HQ–2015–8003, RCRA–
1321(b)(6)(C). Upon closure of the
Correction and Prevention of Violations HQ–2015–8003, CAA–HQ–2015–8003
public comment period, the CAFO and
(Audit Policy), 65 FR 19,618 (Apr. 11, and EPCRA–HQ–2015–8003). This
any public comments will be forwarded
2000), in which Respondent agreed to Consent Agreement is subject to public
to the Agency’s Environmental Appeals
conduct a systematic, documented, and notice and comment under Section
Board (EAB).
objective review of its compliance with 311(b)(6)(C) of the CWA, 33 U.S.C.
DATES: Comments are due on or before applicable provisions of the CWA, CAA,
December 15, 2017. 1321(b)(6)(C). The procedures by which
RCRA and EPCRA. Respondent agreed the public may comment on a proposed
ADDRESSES: Submit your comments, to submit a final audit report detailing CWA Class II penalty order, or
identified by Docket ID No. EPA–HQ– the specific facilities assessed, participate in a Class II penalty
2016–0268, to the Federal eRulemaking information setting forth violations proceeding, are set forth in 40 CFR
Portal: http://www.regulations.gov. discovered, and corrective actions 22.45. The deadline for submitting
Follow the online instructions for taken. Respondent ultimately audited a public comment on this proposed Final
submitting comments. Once submitted, total of 77 facilities, as documented in Order is [insert date 30 days after date
comments cannot be edited or Respondent’s November 14, 2012 and of publication in the Federal Register].
withdrawn. The EPA may publish any final audit report and the March 7, 2013 All comments will be transferred to the
comment received to its public docket. supplemental audit report. EAB for consideration. The EAB’s
Do not submit electronically any All violations discovered and powers and duties are outlined in 40
information you consider to be disclosed by the Respondent are listed CFR 22.4(a).
Confidential Business Information (CBI) in Attachments A and B to the CAFO.
or other information whose disclosure is Disclosed and Corrected Violations
restricted by statute. Multimedia Proposed Settlement
CWA
submissions (audio, video, etc.) must be The EPA determined that Respondent
accompanied by a written comment. satisfactorily completed its audit and Respondent disclosed that it failed to
The written comment is considered the has met all conditions set forth in the prepare and implement a Spill
official comment and should include Audit Policy for the violations Prevention, Control, and
discussion of all points you wish to identified in Attachment A of the Countermeasure (SPCC) Plan in
sradovich on DSK3GMQ082PROD with NOTICES

make. The EPA will generally not CAFO. Therefore, 100 percent of the violation of CWA Section 311(j), 33
consider comments or comment gravity-based penalty calculated for the U.S.C. 1321(j), and the implementing
contents located outside of the primary violations identified in Attachment A of regulations found at 40 CFR part 112, at
submission (i.e. on the web, cloud, or the CAFO is being waived. eighteen (18) facilities located in Idaho,
other file sharing system). For Attachment B of the CAFO identifies Kansas, Massachusetts, Minnesota, New
additional submission methods, the full certain CWA violations that did not Hampshire, Nevada, New York,
EPA public comment policy, meet Condition V of the Audit Policy Oklahoma, Texas, Washington, and

VerDate Sep<11>2014 19:58 Nov 14, 2017 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1

Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 52901

A when it failed to notify the State ENVIRONMENTAL PROTECTION additional submission methods, please
Emergency Response Commission AGENCY contact the person identified in the FOR
(SERC) and/or the Local Emergency FURTHER INFORMATION CONTACT section.
Planning Committee (LEPC) that these FRL–9970–67–OGC; EPA–HQ–OGC– For the full EPA public comment policy,
facilities are subject to the requirements 2017–0630] information about CBI or multimedia
of Section 302(c) of EPCRA. These three submissions, and general guidance on
Proposed Settlement Agreement, making effective comments, please visit
(3) facilities are located in the following Clean Air Act Title V Permit Appeal
states: Kansas and New Hampshire. http://www2.epa.gov/dockets/
AGENCY: Environmental Protection commenting-epa-dockets.
Respondent disclosed that it violated
Agency (EPA). FOR FURTHER INFORMATION CONTACT: John
EPCRA Section 311(a), 42 U.S.C.
ACTION: Notice of Proposed Settlement T. Krallman, Air and Radiation Law
11021(a), and the implementing
Agreement; Request for Public Office (2344A), Office of General
regulations found at 40 CFR part 370, at Counsel, U.S. Environmental Protection
three (3) facilities listed in Attachment Comment.
Agency, 1200 Pennsylvania Ave. NW.,
A when it failed to submit a Material SUMMARY: In accordance with section Washington, DC 20460; telephone: (202)
Safety Data Sheet (MSDS) for a 113(g) of the Clean Air Act, as amended 564–0904; email address:
hazardous chemical(s) and/or extremely (‘‘CAA’’ or the ‘‘Act’’), notice is hereby krallman.john@epa.gov.
hazardous substance(s) or, in the given of a proposed settlement SUPPLEMENTARY INFORMATION:
alternative, a list of such chemicals, to agreement to resolve a case filed by
the LEPCs, SERCs, and the fire Veolia ES Technical Solutions, L.L.C. I. Additional Information About the
departments with jurisdiction over these (‘‘Veolia’’) involving EPA actions under Proposed Settlement Agreement
facilities. These three (3) facilities are the CAA Title V operating permit The proposed settlement agreement
located in the following states: Kansas program. On February, 15, 2017, Veolia would resolve the case filed by Veolia
and New Hampshire. filed a petition with the Environmental involving EPA Region 5’s actions under
Appeals Board (‘‘EAB’’) challenging the the CAA title V operating permit
Respondent disclosed that it violated
CAA Title V renewal permit issued by program. On February 15, 2017, Veolia
EPCRA Section 312(a), 42 U.S.C. EPA Region 5 for the Veolia facility in
11022(a), and the implementing filed a petition with the Environmental
Sauget, Illinois (‘‘the Facility’’) on Appeals Board (‘‘EAB’’) challenging the
regulations found at 40 CFR part 370, at January 18, 2017. (In re Veolia ES
three (3) facilities listed in Attachment CAA Title V renewal permit issued by
Technical Solutions, L.L.C., CAA EPA Region 5 on January 18, 2017 to
A when it failed to prepare and submit Appeal No. 17–02). Under the proposed Veolia’s facility in Sauget, Illinois (‘‘the
emergency and chemical inventory settlement agreement, among other Facility’’).
forms to the LEPCs, SERCs, and the fire changes to the permit, Veolia agrees to Under the terms of the proposed
departments with jurisdiction over these install activated carbon injection settlement agreement, among other
facilities. These three (3) facilities are systems (‘‘ACI systems’’) on two changes to the permit, Veolia agrees to
located in the following states: Kansas incinerators that currently do not have install activated carbon injection
and New Hampshire. controls for vapor phase mercury and systems (‘‘ACI systems’’) on two of its
Under EPCRA Section 325, 42 U.S.C. EPA Region 5 will request a remand of incinerators to control emissions of
11045, the Administrator may issue an the CAA Title V renewal permit. vapor phase mercury and EPA Region 5
administrative order assessing a civil DATES: Written comments on the agrees to request a voluntary remand
penalty against any person who has proposed settlement agreement must be from the EAB of the CAA Title V
violated applicable emergency planning received by December 15, 2017. renewal permit issued on January 18,
or right-to-know requirements, or any ADDRESSES: Submit your comments, 2017. If this proposed settlement
other requirement of EPCRA. identified by Docket ID number EPA– agreement is finalized, EPA Region 5
Proceedings under EPCRA Section 325, HQ–OGC–2017–0630, online at will put out a draft CAA Title V permit
42 U.S.C. 11045, are conducted in www.regulations.gov (EPA’s preferred for separate public notice and comment
accordance with 40 CFR part 22. The method). For comments submitted at period. The revised draft CAA Title V
www.regulations.gov, follow the online renewal permit, which is attached to the
EPA, as authorized by EPCRA Section
instructions for submitting comments. proposed settlement agreement, also
325, 42 U.S.C. 11045, has assessed a
Once submitted, comments cannot be includes improvements to Veolia’s
civil penalty for these violations.
edited or removed from procedures for analyzing hazardous
List of Subjects www.regulations.gov. The EPA may wastes burned in the incinerators. If the
publish any comment received to its final CAA Title V renewal permit for the
Environmental protection. public docket. Do not submit Facility only contains changes from the
Dated: October 27, 2017. electronically any information you revised draft that reflect the inclusion of
Rosemarie Kelley, consider to be Confidential Business any final preconstruction permit that
Information (CBI) or other information has been issued by the Illinois
Acting Director, Office of Civil Enforcement,
whose disclosure is restricted by statute. Environmental Protection Agency for
Office of Enforcement and Compliance
Assurance.
Multimedia submissions (audio, video, the ACI systems or clerical changes from
etc.) must be accompanied by a written the draft CAA Title V permit attached to
[FR Doc. 2017–24722 Filed 11–14–17; 8:45 am]
comment. The written comment is the proposed settlement agreement,
sradovich on DSK3GMQ082PROD with NOTICES

BILLING CODE 6560–50–P considered the official comment and Veolia agrees that it will not file a
should include discussion of all points petition for review with the EAB or
you wish to make. The EPA will otherwise challenge the final CAA Title
generally not consider comments or V renewal permit for the Facility. The
comment contents located outside of the proposed settlement agreement provides
primary submission (i.e. on the web, that this public notice shall not serve as
cloud, or other file sharing system). For the notice and comment period for any

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Document Created: 2018-10-25 10:37:06
Document Modified: 2018-10-25 10:37:06

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 December 15, 2017.
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]
FR Citation		82 FR 52899