### 42942 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9834–6; Docket ID Number EPA–HQ–**
**OECA–2013–0170**]

**Clean Water Act Class II: Proposed Administrative Settlement, Penalty**  **Assessment and Opportunity To Comment Regarding T-Mobile US, Inc.,**  **Successor by Merger to MetroPCS Communications, Inc.** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  EPA has entered into a Consent Agreement with T-Mobile US, Inc. (T-Mobile US), which formed following the merger of MetroPCS Communications, Inc. (MetroPCS) and T-Mobile USA, Inc. (T-Mobile USA), to
resolve violations of the Clean Water Act (CWA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA), 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, EPCRA, CAA and RCRA 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 August 19, 2013.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OECA–2013–0170, by one of the following methods:

• www.regulations.gov: Follow the online instructions for submitting

comments.

• Email: docket.oeca@epa.gov, Attention Docket ID No. EPA–HQ–

OECA–2013–0170.

• Fax: (202) 566–9744, Attention Docket ID No. EPA–HQ–OECA–2013–

0170.

• 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–2013–0170.

• 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–2013– 0170. 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 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 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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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 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 :**  Michael Calhoun, Special Litigation and Projects Division (2248–A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564–6031; fax: (202) 564–9001; and email: calhoun.michael@epa.gov.

Background

This proposed settlement agreement is the result of voluntary disclosures of CWA, EPCRA, CAA, and RCRA violations by MetroPCS to the Special Litigation and Projects Division (SLPD)
in the Office of Civil Enforcement.
MetroPCS was a wireless telecommunications company that used Distributed Antenna System (DAS) network facilities to provide wider wireless coverage and increase indoor WiFi capacity where alternate technologies are infeasible due to terrain or zoning challenges for cell tower placement. T-Mobile US is a telecommunications company organized
under the laws of the State of Delaware which formed as a result of the May 1, 2013 merger of MetroPCS and T-Mobile

USA.

On December 31, 2009, EPA and MetroPCS entered into a corporate audit agreement pursuant to EPA’s policy on Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of
Violations (Audit Policy), 65 FR 19618 (Apr. 11, 2000), regarding 88 office buildings, warehouses, and DAS facilities located in 11 states (first phase). EPA and MetroPCS subsequently amended the audit agreement on November 4, 2010, to add to the audit 11,715 cell site facilities and
two switch sites located in 15 states (second phase). A final list of all
disclosed and corrected violations is provided in Attachment A to the CAFO.

Proposed Settlement

EPA determined that MetroPCS’
disclosures satisfied all the conditions set forth in the Audit Policy, and therefore qualify for a 100% reduction of the civil penalty’s gravity component. Pursuant to the settlement agreement, EPA proposes to waive the gravity-based penalty. T-Mobile US has agreed to pay


### 42943 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices

a civil penalty of $16,913 for the
violations identified in Attachment A. This figure is the calculated economic benefit of noncompliance based on information provided by MetroPCS and use of the Economic Benefit (BEN) computer model. Of this amount, $11,441 is attributable to EPCRA violations, $3,777 is attributable to CWA violations, $1,543 is attributable to CAA violations, and $152 is attributable to
RCRA violations.

EPA and T-Mobile US negotiated the proposed Consent Agreement in
accordance with the Consolidated Rules of Practice, 40 CFR Part 22, specifically40 CFR 22.13(b) and 22.18(b) (In re: TMobile US, Inc., EPCRA–HQ–2013– 8004; CWA–HQ–2013–8004; CAA–HQ– 2013–8004; and RCRA–HQ–2013–8004). 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 August 19, 2013. 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

MetroPCS violated CWA Section 311(j), 33 U.S.C. 1321(j), and the regulations found at 40 CFR Part 112, because it failed to prepare and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans for
two facilities identified in Attachment A (720 2nd St, Suite 1200, Oakland, CA 94607 and 2990 Gateway Drive, Suite 950, Norcross, GA 30071).

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 EPA. Class II proceedings under CWA Section 311(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), 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),
EPA will not issue an order in this proceeding prior to the close of the public comment period.

EPCRA

MetroPCS disclosed that it violated Sections 302(c) and 303(d) of EPCRA, 42 U.S.C. 11002(c) and 11003(d), and the implementing regulations found at 40 CFR Part 355, at 24 facilities listed in Attachment A when it failed to properly provide emergency planning
notifications for these facilities. Such notification is mandatory when extremely hazardous substances are present at a facility in an amount equal to or greater than the materials’ threshold planning quantities. These
violations constitute one-time
violations.

MetroPCS violated Section 311(a) of EPCRA, 42 U.S.C. 11021(a), and the implementing regulations found at 40 CFR Part 370, at 24 facilities listed in
Attachment A when it failed to submit a Material Safety Data Sheet(s) (MSDS) for a hazardous chemical(s) and/or an extremely hazardous substance(s) or, in the alternative, a list of such chemicals, to the local emergency planning committee (LEPC), the state emergency response commission (SERC), and the fire department with jurisdiction over these facilities. In addition, MetroPCS disclosed that it violated Section 312(a) of EPCRA, 42 U.S.C. 11022(a), and the regulations found at 40 CFR Part 370, at 24 facilities listed in Attachment A by failing to prepare and submit emergency and chemical inventory forms (Tier I or Tier II, as described in 40 CFR Part 370) to the LEPC, SERC, and the fire department with jurisdiction over these
facilities.

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
are conducted in accordance with 40 CFR Part 22. EPA, as authorized by EPCRA Section 325, 42 U.S.C. 11045, has assessed a civil penalty for these
violations.

CAA

MetroPCS violated the federallyapproved New Jersey and Pennsylvania State Implementation Plan (SIP) requirements for failure to comply with recordkeeping and permitting requirements for its emergency generators at five facilities listed in Attachment A. Section 110(a)(1) of the CAA, 42 U.S.C. 7410(a)(1), requires states to submit plans to implement, maintain, and enforce ambient air quality standards. Both the New Jersey and Pennsylvania SIPs include requirements approved by EPA under Section 110 of the CAA, 42 U.S.C. 7410. As detailed below, these provisions were incorporated into the respectiveSIPs and are therefore federallyenforceable.

At the time of the violations, the New Jersey SIP included a provision, N.J.A.C. 7:27 Section 19.11, stating that emergency generators are subject to specific on-site recordkeeping requirements, effective March 7, 2007. This provision was federally-approvedon July 31, 2007, and became federallyenforceable on August 30, 2007 (72 Fed. Reg. 41626). MetroPCS owned or operated a facility in Pennsauken, New Jersey that failed to keep on-site operating records for its emergency generator in accordance with N.J.A.C.

7:27 Section 19.11.

At the time of the violations, the Pennsylvania SIP included a provision, City of Philadelphia Air Management Regulation I, Section II, stating that air contaminant sources must apply for an installation permit and operatinglicense. This provision was federallyapproved and became federallyenforceable on May 4, 1974 (40 Fed. Reg. 41787). MetroPCS owned or operated four (4) facilities in Philadelphia, Pennsylvania that failed to apply for an installation permit and operating license as required by the City of Philadelphia Air Management Regulation I, Section II.

MetroPCS violated the federallyapproved SIP requirements which were approved by EPA pursuant to CAA Section 110, 42 U.S.C. 7410. MetroPCS is therefore subject to federal enforcement under CAA Section 113(d), 42 U.S.C. 7413(d). EPA, as authorized by CAA Section 113(d), 42 U.S.C. 7413(d), may assess a civil penalty for
these violations. Under CAA Section 113(d), 42 U.S.C. 7413(d), the Administrator may issue an administrative order assessing a civil penalty against any person who has violated an applicable requirement of the CAA, including any rule, order, waiver, permit or plan. Proceedings under CAA Section 113(d) are
conducted in accordance with 40 CFR Part 22. EPA, as authorized by the CAA, has assessed a civil penalty for these
violations.

RCRA

MetroPCS violated Section 3002 of RCRA, 42 U.S.C. 6922, and the regulations found at 40 CFR 273.13—.15 (universal waste requirements for the storage, labeling, and inventory of lampsand batteries), and the federallyVerDate Mar<15>2010 17:20 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1TKELLEY on DSK3SPTVN1PROD with NOTICES

### 42944 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices

authorized state regulations at one facility in Florida (Fla. Admin. Code Ann. R. 62–730.185), one facility in Georgia (Section 391–3–11.18 of the Georgia Hazardous Waste Management Rules (GHWMR)), and one facility in New York (Title 6 of the New York Codes, Rules, and Regulations, Section 374–3.2), as identified in Attachment A.
MetroPCS also disclosed that it violated Section 3002 of RCRA, 42 U.S.C. 6922, and the regulations found at 40 CFR 273.16, at one facility in Florida (Fla. Admin. Code Ann. R. 62–730.185) and one facility in Georgia (Section 391–3– 11.18 of the GHWMR), by failing to train employees in proper identification and management of universal waste. Proceedings under RCRA Section 3008, 42 U.S.C. 6928, are conducted in accordance with 40 CFR Part 22. EPA, as authorized by RCRA Section 3008(g), 42 U.S.C. 6928(g), has assessed a civil penalty for these violations.

List of Subjects

Environmental Protection.

Dated: June 21, 2013.

Andrew R. Stewart, Acting Director, Special Litigation and Projects Division, Office of Civil Enforcement, Office of Enforcement and Compliance

Assurance.

[FR Doc. 2013–17302 Filed 7–17–13; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9835–1]**

**Notification of a Public Meeting of the Great Lakes Advisory Board** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  The Environmental Protection Agency (EPA) announces a public meeting and teleconference of the Great Lakes Advisory Board (GLAB). The meeting will be held on July 23, 2013 in Chicago, Illinois.

**DATES :**  The public meeting will be held on Tuesday, July 23, 2013 from 10:00 a.m. to 3:00 p.m. (Central Daylight Time). Due to budgetary uncertainties, EPA is announcing this meeting with less than 15 calendar days public notice.

**ADDRESSES :**  The meeting will be held at the EPA Region 5 Offices, Lake Superior Room, in the Ralph H. Metcalfe Federal Building, 77 W. Jackson Boulevard, Chicago, Illinois, 60604. The teleconference number is (877) 744–

6030. **FOR FURTHER INFORMATION CONTACT :**  Any member of the public wishing further information regarding this meeting may contact Rita Cestaric, Designated Federal Officer (DFO) for the Great Lakes Advisory Board by telephone at (312) 886–6815 or email at cestaric.rita@epa.gov. General
information on the Great Lakes Restoration Initiative (GLRI) and the
GLAB can be found on the GLRI Web

site at http://www.glri.us.

**SUPPLEMENTARY INFORMATION :**  The GLAB is a federal advisory committee chartered under the Federal Advisory Committee Act (FACA), Public Law 92–
463. EPA established the GLAB in 2012 to provide independent, consensus
advice on Great Lakes restoration to the
EPA Administrator in his or her capacity as Chair of the Interagency
Task Force. The GLAB conducts
business in accordance with FACA and related regulations.

The GLAB consists of 18 members, including a chairperson, appointed by
EPA’s Administrator. Members serve as representatives of state, local and tribal government, environmental groups, agriculture, business, transportation, foundations, educational institutions and as technical experts.

Background: EPA is leading an interagency Great Lakes Restoration Initiative (GLRI) to protect and restore the Great Lakes. To guide the efforts of the GLRI, EPA and its federal partners developed a comprehensive action plan for fiscal years 2010 through 2014. The GLAB held a meeting on May 21 and 22, 2013 and a teleconference on June 12, 2013, to discuss refinements to the existing GLRI Action Plan that will inform the development of a draft FY 2015–2019 Action Plan. The purpose of the July 23, 2013 meeting is for the
GLAB to discuss its recommendations.

Also, periodic opportunities for the public to provide input to the GLAB for consideration will be provided after the July 23, 2013 public meeting.

Availability of Meeting Materials: The agenda and other materials in support of the meeting will be available on the
GLRI Web site at http://www.glri.us.

Procedures for Providing Public Input: Federal advisory committee members provide independent advice to federal agencies. Members of the public can
submit relevant comments for consideration by the GLAB. Input from the public will have the most impact if it provides specific information for the
GLAB to consider. Members of the public wishing to provide public
comment should contact the DFO directly.

Oral Statements: In general, individuals or groups requesting to make an oral presentation at this public meeting will be limited to three minutes per speaker, subject to the number of people wanting to comment. Interested parties should contact Rita Cestaric in writing (preferably via email) at the contact information noted above by July 19, 2013 to be placed on the list of public speakers for the meeting.

Written Statements: Written statements must be received by July 19, 2013 so that the information may be
made available to the GLAB for
consideration. Written statements should be supplied to the DFO in the following formats: One hard copy with original signature and one electronic copy via email. Commenters are requested to provide two versions of
each document submitted: One each with and without signatures because only documents without signatures may be published on the GLRI Web page.

Accessibility: For information on
access or services for individuals with disabilities, please contact Rita Cestaric at the phone number or email address above, preferably at least seven days before the meeting, to give EPA as much time as possible to publish your request.

Dated: July 10, 2013.

Susan Hedman, Great Lakes National Program Manager.

[FR Doc. 2013–17292 Filed 7–17–13; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–R07–SFUND–2013–0462; FRL–9833– 3]** 

**Proposed Administrative Cost Recovery Settlement Under the**  **Comprehensive Environmental Response Compensation and Liability**  **Act, as Amended, Carter Carburetor Superfund Site, St. Louis, Missouri** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice; request for public

comment.

**SUMMARY :**  In accordance with Section 122(i) of the Comprehensive Environmental Response Compensation and Liability Act, as amended (CERCLA), notice is hereby given of a proposed administrative settlement with ACF Industries, LLC, St. Louis, Missouri, for the compromise of past and projected future oversight costs concerning the Carter Carburetor Superfund Site in St. Louis, Missouri.
The settlement includes a covenant not to sue with the settling party pursuant to Section 107(a) of CERCLA. For thirty