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 


TKELLEY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Notices 42943 

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, specifically 

40 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 respective 

SIPs 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-approved 

on 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 operating 

license. 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 lamps 

and 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 18JYN1

TKELLEY 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 


TKELLEY on DSK3SPTVN1PROD with NOTICES