Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices 5799 

www.ferc.gov/docs-filing/elibrary.asp. 

Enter the docket number (P–14462) in 

the docket number field to access the 

document. For assistance, contact FERC 

Online Support. 

Dated: January 18, 2013. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2013–01614 Filed 1–25–13; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2012–0956; FRL–9773–8] 

Public Comment on EPA’s National 

Enforcement Initiatives for Fiscal 

Years 2014–2016 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public comment 

period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is soliciting public 

comment and recommendations on 

national enforcement initiatives to be 

undertaken in fiscal years 2014–2016. 

EPA selects these priority areas every 

three years in order to focus federal 

resources on the most important 

environmental problems where 

noncompliance is a significant 

contributing factor and where federal 

enforcement attention can make a 

difference. For the FY 2011–2013 time 

period, the U.S. Environmental 

Protection Agency, Office of 

Enforcement and Compliance 

Assurance, has six national enforcement 

initiatives. These initiatives are (1) 

Municipal Infrastructure—addressing 

sewage discharges from combined sewer 

systems, sanitary sewer systems, and 

municipal separate storm sewer 

systems; (2) Mineral Processing— 

addressing hazardous waste at 

phosphoric acid facilities and high risk 

mineral processing sites; (3) New Source 

Review—controlling emissions from 

coal fired utility sector, cement plants, 

glass plants, and acid production plants; 

(4) Air Toxics—addressing toxic 

emissions from high risk facilities by 

examining leak detection and repair 

(LDAR), flares, and excess emission 

sources; (5) Energy Extraction— 

addressing land-based natural gas 

extraction facilities, including 

corporate-wide evaluations; and (6) 

Concentrated Animal Feeding 

Operations—addressing animal waste 

discharges from large animal feeding 

facilities. For more information on the 

current initiatives, full descriptions can 

be found on our Web site: http:// 

www.epa.gov/compliance/data/ 

planning/initiatives/index.html. 

In addition to these sector-based 

approaches, EPA could choose to focus 

a national initiative on a strategic area 

that would improve the Agency’s ability 

to conduct its enforcement and 

compliance program. For example, EPA 

is investing in a new approach called 

Next Generation Compliance to 

dramatically improve compliance by, 

among other things, employing 

advances in emissions monitoring and 

information technology; expanding 

transparency by making information 

publicly available. This availability of 

information will empower communities 

to play an active role in compliance 

oversight and improve the performance 

of both the government and regulated 

entities. 

The public is invited to comment on 

extending the current six national 

enforcement initiatives for the 2014– 

2016 cycle. The public is also invited to 

propose new sectors or other important 

strategic areas for consideration. 

Commenters should keep in mind the 

Agency’s resource constraints, given 

that final decisions will need to 

consider the Agency’s funding level. 

Final selection will be incorporated into 

the EPA Office of Enforcement and 

Compliance Assurance Final National 

Program Manager Guidance (that 

provides national program direction for 

all EPA regional offices) to be released 

in the Spring 2013. EPA will consider 

these comments as it moves forward in 

the decision-making process, but will 

not respond to all comments received. 

DATES: Comments must be received on 

or before February 27, 2013. 

ADDRESSES: Information in support of 

this Notice of Public Comment is 

available via the Internet at: http:// 

www.epa.gov/compliance/data/ 

planning/initiatives/index.html. 

Submit your comments via 

www.regulations.gov, identified by 

Docket ID No. EPA–HQ–OECA–2012– 

0956. Follow the on-line instructions for 

submitting comments. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2012– 

0956. 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 FURTHER INFORMATION CONTACT: 

Michele McKeever, Branch Chief, 

National Planning and Measures 

Branch, Office of Enforcement and 

Compliance Assurance, Mail Code: 

M2221A, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: 202–564–3688; fax number: 

202–564–0027; email address: 

McKeever.Michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What are EPA enforcement and 

compliance national enforcement 

initiatives? 

EPA is voluntarily soliciting public 

comment and recommendations on 

national enforcement initiatives to be 

undertaken in fiscal years 2014–2016. 

EPA selects these initiatives every three 

years in order to focus federal resources 

on the most important environmental 

problems where noncompliance is a 

significant contributing factor and 

where federal enforcement attention can 

make a difference. Sector-based 

enforcement and compliance national 

enforcement initiatives are selected 

according to three criteria: (1) 

Environmental impact; (2) significant 

noncompliance; and (3) appropriate 

federal role. The national enforcement 

initiatives do not impose any legally 

binding requirements on any outside 

parties. EPA will also consider strategic 

program areas that are not sector-based 

as potential national enforcement 

initiatives. These areas include 

programs such as Next Generation 

Compliance (e.g., increasing use of 

advanced emissions monitoring, 

expanding transparency by increasing 


tkelley on DSK3SPTVN1PROD with 
5800 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices 

data availability, and developing more 

effective regulations). 

II. On what is EPA requesting 

comment? 

EPA’s Office of Enforcement and 

Compliance Assurance is collecting 

external comment on the current set of 

national enforcement initiatives and 

whether there are other new 

enforcement initiatives or strategic 

directions of national significance and 

warranting federal enforcement 

attention that should be considered. For 

example, in addition to considering 

traditional sector-based approaches, 

EPA is considering broadening the 

scope of a national enforcement 

initiative to include innovative 

programs, such as Next Generation 

Compliance, where the Agency feels the 

application of enforcement program 

resources would help address critical 

issues. Examples of Next Generation 

Compliance strategies include moving 

away from paper reporting to electronic 

reporting, incorporating compliance 

drivers into regulations, using advanced 

environmental monitoring technologies, 

and increasing transparency by making 

data more readily accessible. The public 

is invited to propose any other areas for 

consideration, keeping in mind the 

Agency’s resource constraints. Please 

note that some current national 

enforcement initiatives may be carried 

forward or refined and continued into 

FY 2014–2016. 

III. Can the deadline for comments be 

extended? 

No. EPA issues National Program 

Manager Guidance (NPM Guidance) to 

enable EPA, states, and federallyrecognized Indian tribes (tribes) to 

effectively align their joint 

implementation of environmental laws 

to achieve mutual goals. The NPM 

guidance must be timely released for 

state, tribal, and public comment in 

order to allow the states and tribes with 

approved programs to consider the NPM 

Guidance fully in their annual planning 

processes. These processes direct state 

and tribal resources according to their 

fiscal calendars. As a result, EPA must 

receive public comments by February 

27, 2013 in order to make national 

enforcement initiative selections in 

keeping with this schedule. 

Dated: January 18, 2013. 

Lisa Lund, 

Director, Office of Compliance. 

[FR Doc. 2013–01706 Filed 1–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2013– 

0042; FRL–9774–2] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding AboveNet 

Communications, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has entered into a 

Consent Agreement with AboveNet 

Communications, Inc. to resolve 

violations of 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 CWA and EPCRA portions of this 

Consent Agreement, as required by 

CWA Section 311(b)(6)(C). 

DATES: Comments are due on or before 

February 27, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2013–0042, 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–2013–0042. 

• Fax: (202) 566–9744, Attention 

Docket ID No. EPA–HQ–OECA–2013– 

0042. 

• 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–2013–0042. 

• 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– 

0042. 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 


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