[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]
[[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.
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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 Once submitted, comments cannot be edited or withdrawn.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
[[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]
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