49512 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2013– 

0543; FRL–9900–09–OECA] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding Charter 

Communications, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA has entered into a 

Consent Agreement with Charter 

Communications, Inc. (Charter or 

Respondent) to resolve violations of the 

Clean Air Act (CAA) and requirements 

adopted as part of State Implementation 

Plans (SIPs) pursuant to the CAA, the 

Clean Water Act (CWA), 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 CAA, CWA, and EPCRA 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 

September 13, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2013–0543, 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–2013–0543. 

• Fax: (202) 566–9744, Attention 

Docket ID No. EPA–HQ–OECA–2013– 

0543. 

• 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–2013–0543. 

• 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– 

0543. The 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 the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 the 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: 

Philip Milton, Special Litigation and 

Projects Division (2248–A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone: (202) 564–5029; 

fax: (202) 564–0010; email: 

Milton.Philip@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This proposed settlement agreement 

is the result of voluntary disclosures of 

CAA, CWA, and EPCRA violations by 

Charter to the EPA. Charter is among the 

largest providers of cable services in the 

United States, offering a variety of 

entertainment, information, and 

communications solutions to residential 

and commercial customers, and is 

located at 12405 Powerscourt Drive, St. 

Louis, Missouri 63131, and incorporated 

in Delaware. The Charter facilities that 

underwent audits included operating 

facilities, corporate offices, warehouses, 

and other storage locations. 

On October 2, 2009, the EPA and 

Respondent entered into a corporate 

audit agreement pursuant to the 

Agency’s policy on Incentives for SelfPolicing: 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 CAA, CWA, 

and EPCRA. Respondent further agreed 

to submit progress reports detailing the 

status of the audit, specific facilities 

assessed, and information setting forth 

violations discovered and corrective 

actions taken. As agreed upon with the 

EPA, Respondent submitted a final 

audit report to the EPA on February 19, 

2010, and an addendum dated August 

20, 2010. A final list of all disclosed 

violations is contained in Attachment A 

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. Charter has agreed to pay 

a civil penalty of $57,313 for the 

violations identified in Attachment A. 

This figure is the calculated economic 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices 49513 

benefit of noncompliance based on 

information provided by Respondent 

and use of the Economic Benefit (BEN) 

computer model. Of this amount, 

$11,453 is attributable to CAA 

violations, $3,767 is attributable to CWA 

violations, and $42,093 is attributable to 

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: Charter 

Communications, Inc., CAA–HQ–2012– 

8005; CWA–HQ–2012–8005; and 

EPCRA–HQ–2012–8005). 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 September 13, 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 

CAA 

Respondent disclosed that it violated 

CAA Section 110, 42 U.S.C. 7410, and 

requirements adopted as part of 

federally-approved State 

Implementation Plans (SIPs) at sixty-six 

(66) facilities listed in Attachment A 

and located in the following five (5) 

states: Alabama, Nebraska, Ohio, 

Tennessee, and Washington. 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. 

These states’ SIPs include requirements 

approved by the EPA under Section 110 

of the CAA, 42 U.S.C. 7410. As detailed 

below, these federally-approved 

provisions have been incorporated into 

the respective SIPs and are therefore 

federally-enforceable. 

At the time of the violations, the 

Alabama SIP contained permit 

requirements and exemption provisions 

which were approved by the EPA on 

August 28, 1985, and became effective 

and federally-enforceable on October 28, 

1985 (see 50 FR 34,804). These 

provisions required that Respondent 

either obtain permits to operate 

emergency generators or request 

exemptions in accordance with Ala. 

Admin. Code r. 335–3–14–01(1) and (5). 

Respondent operated fifty-four (54) 

emergency generators at various 

facilities across Alabama and failed to 

obtain the permits or required 

exemptions for these emergency 

generators. 

At the time of the violations, the 

Nebraska SIP contained construction 

permit requirements which were 

approved by the EPA on July 8, 2003, 

and became effective and federallyenforceable on September 8, 2003 (see 

68 FR 40,528). These provisions 

required that Respondent apply for and 

obtain an emergency generator 

construction permit in accordance with 

Title 129 of Neb. Admin. Code 17– 

001.01. Respondent operated an 

emergency generator at its facility 

located in Kearney, Nebraska. 

Respondent violated the federallyapproved Nebraska SIP requirements by 

failing to apply for and obtain the 

required construction permit for this 

emergency generator. 

At the time of the violations, the Ohio 

SIP contained permit and permit-by-rule 

requirements which were approved by 

the EPA on January 22, 2003, and 

became effective and federallyenforceable on March 10, 2003 (see 68 

FR 2,909). These provisions required 

that Respondent apply for and obtain a 

permit or coverage under the permit-byrule to operate the emergency generator 

at its Bellefontaine, Ohio facility in 

accordance with Ohio Admin. Code 

3745–31–02 and 3745–31–03(A)(4)(a). 

Respondent violated the federallyapproved Ohio SIP requirements by 

failing to apply for and obtain the 

required permit or coverage under the 

permit-by-rule for this emergency 

generator. 

At the time of the violations, the 

Tennessee SIP contained a construction 

permit requirement which was 

approved by the EPA on July 29, 1996, 

and became effective and federallyenforceable on September 12, 1996 (see 

61 FR 39,332). This provision required 

that Respondent obtain construction 

permits for its facilities in Blountville, 

Gatlinburg, Clarksville, and Jackson, 

Tennessee in accordance with Tenn. 

Comp. R. & Regs. 1200–03–09–01(1)(a). 

Respondent violated the federallyapproved Tennessee SIP requirements 

by failing to obtain construction permits 

for emergency generators at these four 

(4) facilities. 

At the time of the violations, the 

Washington SIP contained a registration 

requirement for stationary internal 

combustion engines of five hundred 

(500) horsepower or more and a notice 

of construction/approval requirement 

for new sources or emissions units 

which were approved by the EPA, and 

became effective and federallyenforceable, on June 2, 1995 (see 60 FR 

28,726). The Washington SIP also 

contained the Yakima Regional Clean 

Air Agency’s registration and 

construction notification/approval 

requirements which were approved by 

the EPA on February 2, 1998, and 

became effective and federallyenforceable on March 4, 1998 (see 63 FR 

5,269). Respondent operated emergency 

generators at various facilities across 

Washington and was required to register 

and provide notice of construction and 

obtain approval for emergency 

generators at five (5) facilities in Walla 

Walla, Ellensburg, East Wenatchee, 

Colville, and Kennewick, Washington in 

accordance with Wash. Admin. Code 

173–400–100(1)(z) and 173–400–110. 

Respondent was required to register and 

give notice of construction and obtain 

approval for emergency generators at 

two (2) facilities in Yakima and 

Sunnyside, Washington under Sections 

4.01 and 4.02 of Restated Regulation I of 

the Yakima County Clean Air Authority. 

Respondent violated federally-approved 

Washington SIP requirements by failing 

to apply for and obtain registrations and 

meet notice requirements for emergency 

generators at its facilities in Walla 

Walla, Ellensburg, East Wenatchee, 

Colville, and Kennewick, Washington, 

and for failure to register and give notice 

of construction for emergency 

generators at its Yakima and Sunnyside, 

Washington facilities. 

Charter violated federally-approved 

SIP requirements which were approved 

by the EPA pursuant to CAA Section 

110, 42 U.S.C. 7410. Charter is therefore 

subject to federal enforcement under 

CAA Section 113, 42 U.S.C. 7413. The 

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 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 of federally-approved and 

federally-enforceable SIP requirements. 

Respondent disclosed that it violated 

CAA Section 111, 42 U.S.C. 7411, and 

40 CFR 60.4207, when it failed to 

convert from high-sulfur (5,000 ppm) to 

low-sulfur (500 ppm) diesel fuel on 

October 1, 2007, at one (1) facility in 

Minnesota. The EPA, as authorized by 

CAA Section 113(d), 42 U.S.C. 7413(d), 

has assessed a civil penalty for this 

violation. 


tkelley on DSK3SPTVN1PROD with NOTICES
49514 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices 

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 

two (2) facilities located in 

Massachusetts and Missouri and 

identified in Attachment A. 

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. 

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 

forty-seven (47) facilities listed in 

Attachment 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 forty-seven (47) facilities 

are located in the following states: 

Alabama, California, Connecticut, 

Georgia, Illinois, Kentucky, Louisiana, 

Massachusetts, Michigan, Minnesota, 

Missouri, North Carolina, Nebraska, 

Oregon, South Carolina, Tennessee, 

Texas, Washington, and Wisconsin. 

Respondent disclosed that it violated 

EPCRA Section 303(d), 42 U.S.C. 

11003(d), and the implementing 

regulations found at 40 CFR part 355, at 

forty-seven (47) facilities listed in 

Attachment A when it failed to 

designate a facility emergency 

coordinator and notify the LEPCs with 

jurisdiction over these facilities. These 

forty-seven (47) facilities are located in 

the following states: Alabama, 

California, Connecticut, Georgia, 

Illinois, Kentucky, Louisiana, 

Massachusetts, Michigan, Minnesota, 

Missouri, North Carolina, Nebraska, 

Oregon, South Carolina, Tennessee, 

Texas, Washington, and Wisconsin. 

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 

seventy-eight (78) 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 seventy-eight (78) 

facilities are located in the following 

states: Alabama, California, Connecticut, 

Georgia, Illinois, Kentucky, Louisiana, 

Massachusetts, Michigan, Minnesota, 

Missouri, North Carolina, Nebraska, 

Nevada, Oregon, South Carolina, 

Tennessee, Texas, Washington, and 

Wisconsin. 

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 

seventy-eight (78) 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 

seventy-eight (78) facilities are located 

in the following states: Alabama, 

California, Connecticut, Georgia, 

Illinois, Kentucky, Louisiana, 

Massachusetts, Michigan, Minnesota, 

Missouri, North Carolina, Nebraska, 

Nevada, Oregon, South Carolina, 

Tennessee, Texas, Washington, and 

Wisconsin. 

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: August 1, 2013. 

Andrew R. Stewart, 

Acting Director, Special Litigation and 

Projects Division, Office of Civil Enforcement, 

Office of Enforcement and Compliance 

Assurance. 

[FR Doc. 2013–19757 Filed 8–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; Open 

Commission Meeting; Friday, August 

9, 2013 

August 2, 2013. 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on Friday, 

August 9, 2013. The meeting is 

scheduled to commence at 10:30 a.m. in 

Room TW–C305, at 445 12th Street SW., 

Washington, DC. 

Item No. Bureau Subject 

1 .................. INTERNATIONAL ........... TITLE: Comprehensive Review of Licensing and Operating Rules for Satellite Services (IB Docket 

No. 12–267) SUMMARY: The Commission will consider a Report and Order that streamlines Part 

25 of the Commission’s rules to facilitate greater investment and innovation in the satellite industry 

and promote more rapid deployment of new satellite services to the public. 

2 .................. OFFICE OF ENGINEERING & TECHNOLOGY.TITLE: Revision of Part 15 of the Commission’s Rules Regarding Operation in the 57–64 GHz Band 

(RM–11104 and ET Docket No. 07–113) SUMMARY: The Commission will consider a Report and 

Order addressing technical requirements applicable to unlicensed services in the 57–64 GHz frequency band to provide additional competition in the broadband market, improve efficient delivery 

of broadband services in residences and businesses, and facilitate backhaul transport to support 

the deployment of 4th Generation (4G) and other wireless services. 

3 .................. WIRELINE COMPETITION.TITLE: Rates for Interstate Inmate Calling Services (WC Docket No. 12–375) SUMMARY: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to reform 

interstate inmate calling services rates and practices. 


tkelley on DSK3SPTVN1PROD with NOTICES