Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45637 

in Docket No. CP06–451–000 [119 FERC 

¶ 61,309 (2007)]. 

The filing may be viewed on the Web 

at http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, contact FERC 

at FERCOnlineSupport@ferc.gov or call 

toll-free, (886) 208–3676 or TYY, (202) 

502–8659. 

Specifically, the facilities to be 

constructed by KMLP include 

approximately 300 feet of 24-inch 

lateral, a bi-directional meter station, 

piping and valves, electronic flow 

measurement equipment and such other 

appurtenant facilities as deemed 

necessary. The remainder of the 

interconnect facilities will be 

constructed by Egan Hub. This 

interconnect will allow KMLP to deliver 

up to 500 million standard cubic feet 

per day of re-vaporized liquefied natural 

gas to Egan Hub and subsequently to 

receive like quantities of gas from Egan 

Hub. The interconnect facilities will 

provide shippers on KMLP’s system 

access to a new storage development. 

The estimated cost of the project is 

approximately $4.85 million. The 

proposed in-service date for the 

interconnect facilities is March 1, 2010. 

Any questions regarding this 

application may be directed to Norman 

Watson, Director, Business 

Development, Kinder Morgan Louisiana 

Pipeline LLC, 500 Dallas Street, Suite 

1000, Houston, Texas 77002 (713) 369– 

9219; or to Bruce Newsome, Vice 

President, 3250 Lacey Road, Suite 700, 

Downers Grove, IL 60515, (630) 725– 

3070. 

Any person or the Commission’s Staff 

may, within 60 days after the issuance 

of the instant notice by the Commission, 

file pursuant to Rule 214 of the 

Commission’s Procedural Rules (18 CFR 

385.214) a motion to intervene or notice 

of intervention and, pursuant to section 

157.205 of the Commission’s 

Regulations under the NGA (18 CFR 

157.205) a protest to the request. If no 

protest is filed within the time allowed 

therefore, the proposed activity shall be 

deemed to be authorized effective the 

day after the time allowed for protest. If 

a protest is filed and not withdrawn 

within 30 days after the time allowed 

for filing a protest, the instant request 

shall be treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

The Commission strongly encourages 

electronic filings of comments, protests, 

and interventions via the Internet in lieu 

of paper. See 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site (http:// 

www.ferc.gov) under the ‘‘e-Filing’’ link. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

Comment Date: 5 p.m. Eastern Time 

on October 26, 2009. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–21239 Filed 9–2–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2008– 

0803; FRL–8952–6] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding HSBC USA Inc. 

and HSBC Finance Corporation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has entered into a 

Consent Agreement with HSBC Finance 

Corporation and HSBC USA Inc. (HSBC 

or Respondent) to resolve violations of 

the Clean Water Act (CWA), the Clean 

Air Act (CAA) and requirements 

adopted as part of a State 

Implementation Plan (SIP) pursuant to 

the CAA, 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, 

and providing an opportunity for 

interested persons to comment on the 

CWA portion of this Consent 

Agreement, in accordance with CWA 

section 311(j), 33 U.S.C. 1321(j). 

Additionally, notice is being provided 

on the CAA and EPCRA portions of this 

Consent Agreement. 

DATES: Comments are due on or before 

October 5, 2009. 

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Section I.B of the SUPPLEMENTARY

INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: Beth 

Cavalier, Special Litigation and Projects 

Division (2248–A), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

telephone (202) 564–3271; fax: (202) 

564–0010; e-mail: 

cavalier.beth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How Can I Get Copies Of This 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OECA– 

2008–0803. 

The official public docket consists of 

the Consent Agreement, proposed Final 

Order, and any public comments 

received. Although a part of the official 

docket, the public docket does not 

include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Enforcement 

and Compliance Docket Information 

Center (ECDIC) in the EPA Docket 

Center, (EPA/DC) EPA West, Room 

B102, 1301 Constitution Ave., 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 

Public Reading Room is (202) 566–1744, 

and the telephone number for the ECDIC 

is (202) 566–1752. A reasonable fee may 

be charged by EPA for copying docket 

materials. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system (EPA Dockets). You may use 

EPA Dockets at http:// 

www.regulations.gov/ to submit or view 

public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, select ‘‘search,’’ then key in 

Docket ID No. EPA–HQ–OECA–2008– 

0803. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 


pwalker on DSK8KYBLC1PROD with NOTICES
45638 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Section I.A.1. 

For public commentors, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the Docket will 

be scanned and placed in EPA’s 

electronic public docket. Where 

practical, physical objects will be 

photographed, and the photograph will 

be placed in EPA’s electronic public 

docket along with a brief description 

written by the docket staff. 

B. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket identification number in the 

subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.regulations.gov/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

Docket ID No. EPA–HQ–OECA–2008– 

0803. The system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

docket.oeca@epa.gov, Attention Docket 

ID No. EPA–HQ–OECA–2008–0803. In 

contrast to EPA’s electronic public 

docket, EPA’s e-mail system is not an 

‘‘anonymous access’’ system. If you 

send an e-mail comment directly to the 

Docket without going through EPA’s 

electronic public docket, EPA’s e-mail 

system automatically captures your email address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

iii. Disk or CD–ROM. You may submit 

comments on a disk or CD–ROM that 

you mail to the mailing address 

identified in Section I.A.1. These 

electronic submissions will be accepted 

in WordPerfect or ASCII file format. 

Avoid the use of special characters and 

any form of encryption. 

2. By Mail. Send your comments to: 

Enforcement and Compliance Docket 

Information Center, Environmental 

Protection Agency, Mailcode: 2201T, 

1200 Pennsylvania Ave., NW., 

Washington, DC, 20460, Attention 

Docket ID No. EPA–HQ–OECA–2008– 

0803. 

3. By Hand Delivery or Courier. 

Deliver your comments to the address 

provided in Section I.A.1., Attention 

Docket ID No. EPA–HQ–OECA–2008– 

0803. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation as identified in Section I.A.1. 

C. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD–ROM, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is CBI). Information so marked will not 

be disclosed except in accordance with 

procedures set forth in 40 CFR Part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

II. Background 

Respondent is HSBC Finance 

Corporation, a financial services 

organization located at 26525 N. 

Riverwoods Blvd, Mettawa, Illinois 

60045, and incorporated in the state of 

Delaware. Respondent also includes 

HSBC USA Inc., a banking business 

located at 452 Fifth Street, New York, 

New York 10018, and incorporated in 

the state of Maryland. The HSBC 

facilities that underwent audits 

included office buildings and data 

processing centers. 

On November 29, 2007, Respondent 

entered into a Compliance Audit 

Agreement with EPA, in which 

Respondent agreed to conduct a 

systematic, documented, periodic and 

objective review of its compliance with 

applicable provisions of the CWA, the 

CAA, and EPCRA. Respondent further 

agreed to submit progress reports 

detailing the status of the compliance 

audit, specific facilities reviewed, and 


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Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45639 

detailed information setting forth 

violations discovered and corrective 

actions taken. Further, Respondent 

agreed, in entering into the Compliance 

Audit Agreement, to specific civil 

penalties for certain violations of the 

CWA, the CAA, and EPCRA. As agreed 

upon with EPA, Respondent submitted 

periodic progress reports and submitted 

a final audit report to EPA on February 

28, 2008, and an addendum to the final 

audit report to EPA on May 1, 2008. 

Specifically, Respondent disclosed 

that it failed to prepare and implement 

a Spill Prevention, Control, and 

Countermeasure (SPCC) plan and/or 

failed to have adequate secondary 

containment in violation of CWA 

section 311(j), 33 U.S.C. 1321(j), and 40 

CFR Part 112 for eighteen facilities 

located in the following states: 

California, Delaware, Florida, Illinois, 

Kentucky, New Jersey, New York, 

Nevada, Oregon, South Carolina, and 

Texas. EPA, as authorized by CWA 

section 311(b)(6), 33 U.S.C. 1321(b)(6), 

has assessed a civil penalty for these 

violations. 

Respondent disclosed that it failed to 

comply with CAA section 110, 42 U.S.C. 

7410, and requirements adopted as part 

of State Implementation Plans (SIPs) for 

eight facilities located in the following 

states: California, Illinois, Maryland, 

New Jersey, Texas, and Virginia. EPA, as 

authorized by CAA section 113, 42 

U.S.C. 7413, has assessed a civil penalty 

for these violations. 

Respondent disclosed that it failed to 

comply with CAA section 608, 42 U.S.C. 

7671g, when it failed to keep servicing 

records documenting the date and type 

of service, as well as the quantity of 

refrigerant purchased and added, for 

appliances containing greater than fifty 

pounds of refrigerant located at four 

facilities located in the following states: 

California, Illinois, and New York. EPA, 

as authorized by CAA section 113, 42 

U.S.C. 7413, has assessed a civil penalty 

for these violations. 

Respondent disclosed that it failed to 

comply with EPCRA section 302, 42 

U.S.C. 11002, and the regulations found 

at 40 CFR 355.30, when it failed to 

notify the State Emergency Response 

Committee (SERC) for twenty-eight 

facilities located in the following states: 

California, Delaware, Florida, Illinois, 

Indiana, New Jersey, New York, Nevada, 

Oregon, South Carolina, South Dakota, 

Texas, and Virginia. 

Respondent disclosed that it failed to 

comply with EPCRA section 303, 42 

U.S.C. 11003, and the regulations found 

at 40 CFR 355.30, when it failed to 

designate a facility emergency 

coordinator and notify the Local 

Emergency Planning Committee (LEPC) 

at twenty-eight facilities in the 

following states: California, Delaware, 

Florida, Illinois, Indiana, New Jersey, 

New York, Nevada, Oregon, South 

Carolina, South Dakota, Texas, and 

Virginia. 

Respondent disclosed that it failed to 

comply with EPCRA section 311, 42 

U.S.C. 11021, and the regulations found 

at 40 CFR Part 370, when it failed to 

prepare and submit a Material Safety 

Data Sheet (MSDS) for a hazardous 

chemical(s) and extremely hazardous 

chemical(s) at thirty-one (31) facilities 

located in the following states: 

California, Delaware, Florida, Illinois, 

Indiana, Kentucky, New Jersey, New 

York, Nevada, Oregon, South Carolina, 

South Dakota, Texas, and Virginia. EPA, 

as authorized by EPCRA section 325, 42 

U.S.C. 11045, has assessed a civil 

penalty for these violations. 

Respondent disclosed that it failed to 

comply with EPCRA section 312, 42 

U.S.C. 11022, and the regulations found 

at 40 CFR Part 370, when it failed to 

prepare and submit emergency and 

chemical inventory forms to the LEPC, 

SERC, and the fire department at thirtytwo (32) facilities located in the 

following states: California, Delaware, 

Florida, Illinois, Indiana, Kentucky, 

New Jersey, New York, Nevada, Oregon, 

South Carolina, South Dakota, Texas, 

and Virginia. EPA, as authorized by 

EPCRA section 325, 42 U.S.C. 11045, 

has assessed a civil penalty for these 

violations. 

EPA determined that Respondent 

satisfactorily completed its audit and 

has met all conditions of the 

Compliance Audit Agreement. EPA has 

proposed a settlement penalty amount 

of thirty-six thousand and eighty-three 

dollars ($36,083). This amount is based 

on the penalty amounts agreed upon in 

the Compliance Audit Agreement for 

certain violations and reflects 

consideration of potential economic 

benefit gained by Respondent, 

attributable to its delayed compliance 

with the CAA, CWA, and EPCRA 

regulations, and the potential for harm 

that could have resulted from the 

violations. 

The total civil penalty assessed for 

settlement purposes is thirty-six 

thousand and eighty-three dollars 

($36,083). Respondent has agreed to pay 

this amount. EPA and Respondent 

negotiated and signed an administrative 

consent agreement, following the 

Consolidated Rules of Practice, 40 CFR 

22.13(b), on May 8, 2009, (In the Matter 

of: HSBC USA Inc. and HSBC Finance 

Corporation, Docket Nos. CAA–HQ– 

2008–8004, CWA–HQ–2008–8004, and 

EPCRA–HQ–2008–8004). This consent 

agreement is subject to public notice 

and comment under CWA section 

311(b)(6), 33 U.S.C. 1321(b)(6). The full 

consent agreement is available for 

public review and comment at http:// 

www.regulations.gov/, Docket ID No. 

EPA–HQ–OECA–2008–0803. 

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), 33 U.S.C. 

1321(b)(6), are conducted in accordance 

with 40 CFR Part 22. 

Under CAA section 113, 42 U.S.C. 

7413, the Administrator may issue an 

administrative penalty order to any 

person who has violated or is in 

violation of any requirement or 

prohibition of an applicable 

implementation plan or permit. 

Proceedings under CAA section 113, 42 

U.S.C. 7413, are conducted in 

accordance with 40 CFR Part 22. 

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 procedures by which the public 

may comment on a proposed Class II 

penalty order, or participate in a CWA 

Class II penalty proceeding, are set forth 

in 40 CFR 22.45. The deadline for 

submitting public comment on this 

proposed final order is October 5, 2009. 

All comments will be transferred to the 

Environmental Appeals Board (EAB) of 

EPA for consideration. The powers and 

duties of the EAB are outlined in 40 

CFR 22.4(a). 

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. 

Dated: August 27, 2009. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. E9–21289 Filed 9–2–09; 8:45 am] 

BILLING CODE 6560–50–P 


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