Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 58129 

and 4 hours per response for the Job 

Training Reporting Form. Burden means 

the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 1007. 

Frequency of response: Bi-annual for 

subtitle C recipients; quarterly for 

subtitle A recipients. 

Estimated total average number of 

responses for each respondent: 20. 

Estimated total annual burden hours: 

3,167 hours. 

Estimated total annual costs: 

$308,911. This includes an estimated 

burden cost of $308,911 and an 

estimated cost of $0 for capital 

investment or maintenance and 

operational costs. 

Are there changes in the estimates from 

the last approval? 

There is a decrease of one hour in the 

total estimated respondent burden 

compared with that identified in the ICR 

currently approved by OMB. This 

decrease reflects EPA’s updating of 

burden estimates for this collection 

based on an increase in number of 

experienced recipients familiar with 

reporting requirements, a lowered 

number of responses based on previous 

data submission, and improvements in 

the ACRES reporting database. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: September 12, 2012. 

Gail A. Cooper, 

Acting Director, Office of Brownfields and 

Land Revitalization. 

[FR Doc. 2012–23088 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2009– 

0562] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding New Cingular 

Wireless PCS, LLC 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has entered into a 

Consent Agreement with New Cingular 

Wireless PCS, LLC to resolve violations 

of the Clean Water Act (CWA), the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA), and the 

Clean Air Act (CAA) 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, and CAA portions of 

this Consent Agreement, pursuant to 

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

1321(b)(6)(C). 

DATES: Comments are due on or before 

October 19, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2009–0562, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: docket.oeca@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OECA–2009–0562. 

• Fax: (202) 566–9744, Attention 

Docket ID No. EPA–HQ–OECA–2009– 

0562. 

• Mail: Enforcement and Compliance 

Docket Information Center, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460, 

Attention Docket ID No. EPA–HQ– 

OECA–2009–0562. 

• 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–2009– 

0562. 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 


tkelley on DSK3SPTVN1PROD with NOTICES
58130 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 

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; email: 

calhoun.michael@epa.gov. 

II. Background 

This settlement agreement is the 

result of an investigation by the Special 

Litigation and Projects Division (SLPD) 

in the Office of Civil Enforcement of 

AT&T Wireless (AWS) for potential 

EPCRA Section 311 and 312 reporting 

violations, CWA violations related to 

Spill Prevention, Control, and 

Countermeasure (SPCC) Plan 

requirements and CAA violations 

related to the permitting of backup 

generators under State Implementation 

Plan (SIP) rules. On October 26, 2004, 

AWS was purchased by Cingular 

Wireless PCS, LLC (CW). CW was 

subsequently renamed New Cingular 

Wireless PCS, LLC (NCW). The scope of 

this settlement agreement is limited to 

legacy AWS-owned facilities that were 

subject to SLPD’s investigation from 

2001 to 2003. 

Pursuant to the settlement agreement, 

NCW will pay a civil penalty of 

$750,000, will expend an additional 

$625,000 for Supplemental 

Environmental Projects and will 

conduct CAA and SPCC compliance 

audits at legacy AWS sites. EPA and 

NCW negotiated an administrative 

Consent Agreement in accordance with 

the Consolidated Rules of Practice, 40 

CFR 22.13(b) (In Re: New Cingular 

Wireless PCS, LLC, Docket Nos. CWA– 

HQ–2009–8001, CAA–HQ–2009–8001, 

EPCRA–HQ–2009–8001). This Consent 

Agreement is subject to public notice 

and comment under CWA section 

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

CWA 

NCW violated CWA section 311(j) and 

40 CFR Part 112, because it 

inadequately prepared and/or failed to 

prepare and implement SPCC plans for 

the 14 facilities listed below between 

2001 and 2008. As authorized by CWA 

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

EPA has assessed a civil penalty for 

these violations. 

Site Address City State 

1. Little Rock ................................. 900 S. Shackleford Rd. ............................................................... Little Rock ..................................... AR 

2. Signal Peak ............................... I–80 & Rattlesnake Rd. ............................................................... Soda Springs ................................ CA 

3. Paauilo ...................................... Kukaiau Ranch ............................................................................ Paauilo .......................................... HI 

4. Urbandale .................................. 4157 109th St. ............................................................................. Urbandale ..................................... IA 

5. Evansville .................................. 4510 O’Hara Dr. .......................................................................... Evansville ...................................... IN 

6. St. Rose .................................... 160 James Dr. ............................................................................. St. Rose ........................................ LA 

7. Southborough ............................ 155 Northborough Dr. ................................................................. Southborough ............................... MA 

8. Albany ....................................... 2 Kross Key Dr. ........................................................................... Albany ........................................... NY 

9. New Hyde Park ......................... 198 Armstrong Rd. ...................................................................... New Hyde Park ............................. NY 

10. Oklahoma City ......................... 3201 Quail Springs Parkway ...................................................... Oklahoma City .............................. OK 

11. Wilkes Barre ............................ 485 Lasley Ave. .......................................................................... Wilkes Barre .................................. PA 

12. Allen ........................................ 800 Venture Dr. ........................................................................... Allen .............................................. TX 

13. Austin ...................................... 4400 Staggerbrush Rd. ............................................................... Austin ............................................ TX 

14. Milwaukee ............................... 5825 99th St. ............................................................................... Milwaukee ..................................... WI 

Under CWA section 311(b)(6)(A), 33 

U.S.C. 1321(b)(6)(A), based on the time 

period in which the violations occurred, 

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 $157,500 by EPA for violations 

occurring after March 15, 2004, and up 

to $137,500 for violations up to and 

including that date. Class II proceedings 

under CWA section 311(b)(6) 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 19, 

2012. 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. 

EPCRA 

NCW also violated EPCRA section 

311, 42 U.S.C. 11021, and the 

regulations found at 40 CFR 370.21, 

when it failed to submit a Material 

Safety Data Sheet (‘‘MSDS’’) for a 

hazardous chemical(s) or, in the 

alternative, a list of such chemicals, at 

51 facilities for varying lengths of time 

between 2001 and 2003. EPA, as 

authorized by EPCRA section 325, 42 

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

penalty for these violations. 

NCW also violated EPCRA section 

312, 42 U.S.C. 11022, and the 

regulations found at 40 CFR Part 370.25, 

when it failed to prepare and submit 

emergency and chemical inventory 

forms to the LEPC, the SERC and/or the 

fire department with jurisdiction over 

314 facilities listed in Attachment A for 

varying lengths of time between 2001 

and 2003. EPA, as authorized by EPCRA 

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

assessed a civil penalty for these 

violations. Attachment A to the 

proposed CAFO lists the 325 EPCRA 

sites in violation of EPCRA sections 311 

and 312. 

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 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 58131 

are conducted in accordance with 40 

CFR part 22. 

CAA 

NCW also violated regulations 

promulgated pursuant to the California 

SIP involving the two facilities 

described in the paragraphs below at 

varying lengths of time between 2001 

and 2007. Section 110(a)(1) of the CAA, 

42 U.S.C. 7410(a)(2), requires states to 

submit implementation plans to 

implement, maintain, and enforce 

ambient air quality standards. Section 

110(a)(2)(C) of the CAA, 42 U.S.C. 

7410(a)(2), requires states to include in 

their implementation plans regulation of 

the modification and construction of 

any stationary source covered by the 

plan. The California State 

Implementation Plan (SIP) includes 

requirements from local governments. 

The California SIP, including the 

requirements specific to the local 

governments, was approved by EPA 

under section 110 of the Act, 42 U.S.C. 

7410. 

The California air quality control 

districts’ rules for the jurisdictions set 

forth below include regulations that 

require construction and/or operating 

permits for certain stationary sources of 

air pollution. As detailed below, each of 

these provisions was incorporated into 

the California SIP and is therefore 

federally enforceable. 

In the State of California, NCW 

operates diesel fuel-powered electric 

generators that are stationary sources 

within the meaning of CAA section 

302(z), 42 U.S.C. 7602(z). 

A. Bay Area Air Quality Management 

District (BAAQMD)—The California SIP 

includes a provision, Regulation 2, Rule 

1 BAAQMD Rules, stating that any 

person installing any equipment, the 

use of which may cause the issuance of 

air contaminants, must first obtain 

authorization for such construction and 

subsequent operation. This provision 

was federally approved and became 

federally enforceable on January 26, 

1999 (64 Fed. Reg. 3850). NCW owns or 

operates a facility (2 miles off Lynch 

Road, Suisun, CA) in the BAAQMD that 

installed a pollution-emitting dieselpowered electric generating unit 

without written authorization from 

BAAQMD in violation of Regulation 2, 

Rule 1. 

B. San Joaquin Valley Unified Air 

Pollution Control District 

(SJVUAPCD)—The California SIP 

includes a provision, section 3.0 in 

SJVUAPCD Rule 2010, stating that any 

person installing any equipment, the 

use of which may cause the issuance of 

air contaminants, must first obtain 

authorization for such construction and 

subsequent operation. This provision 

was federally approved and became 

federally enforceable on July 23, 1999 

(64 Fed. Reg. 39,920). NCW owns or 

operates a facility (6855 West Eight Mile 

Road, Stockton, CA) in the SJVUAPCD 

that installed two pollution-emitting 

diesel-powered electric generating units 

without written authorization from 

SJVUAPCD in violation of Rule 2010. 

NCW violated regulations 

promulgated pursuant to the California 

SIP involving the two facilities 

described in the paragraphs above and 

is therefore subject to federal 

enforcement under CAA section 110(a). 

EPA, as authorized by CAA section 

113(d), 42 U.S.C. 7413(d), has assessed 

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 will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

List of Subjects 

Environmental protection. 

Dated: September 10, 2012. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. 2012–23090 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9730–1] 

Cross-Media Electronic Reporting: 

Authorized Program Revision 

Approval, State of Mississippi 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval of the State of Mississippi’s 

request to revise/modify certain of its 

EPA-authorized programs to allow 

electronic reporting. 

DATES: EPA’s approval is effective on 

September 19, 2012. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or Karen Seeh, U.S. 

Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

(202) 566–1175, seeh.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribal, or local government 

will use to implement the electronic 

reporting. Additionally, § 3.1000(b) 

through (e) of 40 CFR part 3, subpart D 

provides special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the State, Tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On January 14, 2010, the Mississippi 

Department of Environmental Quality 

(MDEQ) submitted an application 

entitled ‘‘Regulatory Services Portal/ 

Hazardous Waste Biennial Reporting’’ 

for revisions/modifications of its EPAauthorized programs under title 40 CFR. 

EPA reviewed MDEQ’s request to 

revise/modify its EPA-authorized 

programs and, based on this review, 

EPA determined that the application 

met the standards for approval of 

authorized program revisions/ 

modifications set out in 40 CFR part 3, 

subpart D. In accordance with 40 CFR 

3.1000(d), this notice of EPA’s decision 

to approve Mississippi’s request to 

revise/modify its following EPAauthorized programs to allow electronic 


tkelley on DSK3SPTVN1PROD with NOTICES