4552 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2009– 

0563; FRL–9107–4] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment, and Opportunity To 

Comment Regarding Hydro Aluminum 

North America, Inc. and Hydro 

Aluminum Precision Tubing North 

America, LLC, wholly owned 

subsidiaries of Norsk Hydro Aluminum 

North America, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has entered into a 

Consent Agreement with Hydro 

Aluminum North America, Inc. and 

Hydro Aluminum Precision Tubing 

North America, LLC, wholly owned 

subsidiaries of Norsk Hydro Aluminum 

North America, Inc. (Hydro) to resolve 

violations of the Clean Water Act 

(CWA), the Clean Air Act (CAA), the 

Resource Conservation and Recovery 

Act (RCRA), and the Emergency 

Planning and Community Right-toKnow Act (EPCRA), and their 

implementing regulations at 16 facilities 

listed below: 

249 South 51st Avenue, Phoenix, AZ 

85043; 

100 Gus Hipp Blvd., Rockledge, FL 

32955–4701; 

200 Riviera Blvd., St. Augustine, FL 

32086; 

Henry Street, North Liberty, IN 46554; 

400 South Main Street, North Liberty, 

IN 46554; 

5801 Riverport Road, Henderson, KY 

42420; 

1607 East Maumee Street, Adrian, MI 

49221; 

5375 North Riverview Drive, 

Kalamazoo, MI 49004; 

Sale Barn Road, Cassville, MO 65625; 

808 County Road, Monett, MO 65708; 

401 North Stolle Avenue, Sidney, OH 

45365; 

2490 Ross Street, Sydney, OH 45363; 

9 Aluminum Drive, Ellenville, NY 

12428; 

117 Blake Dairy Road, Belton, SC 29627; 

171 Industrial Blvd., Fayetteville, TN 

37334; 

200 Economic Drive, Commerce, TX 

75248. 

The Administrator is hereby 

providing public notice of this proposed 

Consent Agreement and Final Order 

(CAFO), and providing an opportunity 

for interested persons to comment on 

the CWA, EPCRA, RCRA, and CAA 

portions of this Consent Agreement, in 

accordance with CWA sections 

309(g)(4)(A) and 311(b)(6)(C)(i), 33 

U.S.C. 1319(g)(4)(A), and 

1321(b)(6)(C)(i). 

DATES: Comments are due on or before 

March 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2009–0563, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oeca@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OECA–2009–0563. 

• Fax: (202) 566–9744, Attention 

Docket ID No. EPA–HQ–OECA–2009– 

0563. 

• 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–2009–0563. 

• 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– 

0563. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 http:// 

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 http:// 

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; e-mail: 

calhoun.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In July 2005, Hydro voluntarily 

disclosed violations of the CWA, CAA, 

RCRA, and EPCRA at 16 of its North 

American facilities pursuant to EPA’s 

Incentives for Self-Policing: Discovery, 

Disclosure, Correction and Prevention of 

Violations Final Policy Statement 

(Audit Policy), 65 FR 19618 (Apr. 11, 

2000). Hydro also provided 

supplemental audit reports in 2006 and 

2007. EPA and Hydro have signed an 

administrative Consent Agreement, 

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Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 4553 

following the Consolidated Rules of 

Practice, 40 CFR 22.13(b) (In Re: Hydro 

Aluminum North America, Inc. and 

Hydro Aluminum Precision Tubing 

North America, LLC, Docket Nos. CWA– 

HQ–2009–8002, CAA–HQ–2009–8002, 

EPCRA–HQ–2009–8002, RCRA–HQ– 

2009–8002). In the settlement 

agreement, Hydro will pay a civil 

penalty of $119,365. 

CWA Violations 

Respondents had inadequate and/or 

failed to prepare and implement Spill 

Prevention, Control, and 

Countermeasure (SPCC) plans at four 

facilities listed below in violation of 

CWA section 311(j) and 40 CFR Part 

112: 

5801 Riverport Road, Henderson, KY 

42420; 

5375 North Riverview Drive, 

Kalamazoo, MI 49004; 

808 County Road, Monett, MO 65708; 

117 Blake Dairy Road, Belton, SC 29627. 

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. 

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 March 1, 2010. 

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), 

EPA will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

Hydro also disclosed that it had an 

inadequate Stormwater Pollution 

Prevention Plan (SWPPP) and/or failed 

to prepare and implement a SWPPP at 

the six facilities listed below in 

violation of federal/state Multi-Sector 

General Stormwater Permits (MSGP) 

and 40 CFR Part 122.41: 

249 South 51st Avenue, Phoenix, AZ 

85043; 

5801 Riverport Road, Henderson, KY 

42420; 

1607 East Maumee Street, Adrian, MI 

49221; 

5375 North Riverview Drive, 

Kalamazoo, MI 49004; 

117 Blake Dairy Road, Belton, SC 29627; 

171 Industrial Blvd., Fayetteville, TN 

37334. 

Hydro also failed to obtain coverage 

under an MSGP at four facilities below 

in violation of 40 CFR Part 122.26: 

Henry Street, North Liberty, IN 46554; 

400 South Main Street, North Liberty, 

IN 46554; 

Sale Barn Road, Cassville, MO 65625; 

401 N. Stolle Avenue, Sidney, OH 

45365. 

Hydro also failed to prepare and 

submit annual operating reports, and 

did not submit timely quarterly 

monitoring reports for the Monett, MO 

facility as required by the state MSGP. 

Hydro also failed to comply with 

pretreatment regulations found at 40 

CFR 403.12(e), 40 CFR 467.35 and 40 

CFR 467.53 at the Ellenville, NY facility 

by failing to submit semi-annual 

compliance reports since 1997 and 

failing to document baseline or initial 

compliance reports. All of the above 

CWA violations are described in detail 

in Attachments A and B of the proposed 

Consent Agreement. 

EPA, as authorized by CWA 311(b)(6), 

33 U.S.C. 1321(b)(6), and CWA 

309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), has 

assessed a civil penalty for the CWA 

violations described above. 

EPCRA Violations 

Hydro also disclosed that it had failed 

to comply with EPCRA section 312, 42 

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

at 40 CFR Parts 355.30 and 370.25, 

when it failed to prepare and submit 

emergency and chemical inventory 

forms (Tier II) to the Local Emergency 

Planning Committee (LEPC), the State 

Emergency Response Commission 

(SERC), and/or the fire department with 

jurisdiction over each facility for the 

five facilities listed below: 

100 Gus Hipp Blvd., Rockledge, FL 

32955–4701; 

400 South Main Street, North Liberty, 

IN 46554; 

1607 East Maumee Street, Adrian, MI 

49221; 

5375 North Riverview Drive, 

Kalamazoo, MI 49004; 

401 N. Stolle Avenue, Sidney, OH 

45365. 

Hydro also disclosed that it had failed 

to comply with EPCRA section 313, 42 

U.S.C. 11023, and the regulations found 

at 40 CFR 372.22 and 40 CFR 372.30, 

when it failed to report the annual 

estimated releases of various chemicals 

and/or metals in Form R reports in a 

timely manner for the five facilities 

listed below: 

100 Gus Hipp Blvd., Rockledge, FL 

32955–4701; 

200 Riviera Blvd., St. Augustine, FL 

32086; 

1607 East Maumee Street, Adrian, MI 

49221; 

808 County Road, Monett, MO 65708; 

117 Blake Dairy Road, Belton, SC 29627. 

The specific EPCRA violations above 

are described in Attachment A of the 

proposed Consent Agreement. EPA, as 

authorized by EPCRA section 325, 42 

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

penalty for these violations. 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. 

RCRA Violations 

Hydro also disclosed that it had failed 

to comply with RCRA and the 

regulations found at 40 CFR Parts 262 

and 265 when it failed to perform 

inspections, maintain records, develop 

contingency plans, and conduct training 

with regard to stored hazardous wastes 

for the three facilities listed below. The 

specific violations are described in 

Attachment A of the proposed Consent 

Agreement. EPA, as authorized by 

RCRA sections 3008(a) and (g), 42 

U.S.C. 6928(a) and (g), has assessed a 

civil penalty for these violations: 

5801 Riverport Road, Henderson, KY 

42420; 

5375 North Riverview Drive, 

Kalamazoo, MI 49004; 

9 Aluminum Drive, Ellenville, NY 

12428. 

CAA Violations 

Hydro also failed to comply with CAA 

section 112, 42 U.S.C. 7412, and 40 CFR 

Part 63, by having inadequate operation 

and maintenance plans, late submission 

of operation and maintenance plans, 

failure to have a startup, shutdown and 

malfunction plan, late submission of 

performance tests, lack of process 

monitoring, failure to keep records, 

failure to calibrate scales, and no 

documentation of an initial applicability 

determination for a boiler and process 

heater at three facilities listed below. 

The specific violations are described in 

Attachment A of the proposed Consent 

Agreement. EPA, as authorized by CAA 

sections 113(a)(3) and (d), 42 U.S.C. 

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4554 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

7413(a)(3) and 7413(d), has assessed a 

civil penalty for these violations: 

249 South 51st Avenue, Phoenix, AZ 

85043; 

808 County Road, Monett, MO 65708; 

200 Economic Drive, Commerce, TX 

75248. 

EPA will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

Dated: January 20, 2010. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. 2010–1741 Filed 1–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9107–3, EPA–HQ–OW–2008–0238] 

Modification to 2008 National Pollutant 

Discharge Elimination System 

(NPDES) General Permit for 

Stormwater Discharges Associated 

With Construction Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA Regions 1, 2, 3, 5, 6, 7, 

8, 9, and 10 today are modifying the 

2008 National Pollutant Discharge 

Elimination System (NPDES) general 

permits for stormwater discharges 

associated with construction activity in 

order to extend by one year the 

expiration date of the permit. 

Hereinafter, these NPDES general 

permits will be referred to as ‘‘permit’’ or 

‘‘2008 construction general permit’’ or 

‘‘2008 CGP.’’ The 2008 CGP was 

originally issued for a period of two (2) 

years. Today, EPA is modifying the CGP 

in order to extend the 2 year term of the 

2008 CGP by one year so that it expires 

on June 30, 2011, instead of June 30, 

2010, resulting in a permit that will be 

in effect for a total period of three (3) 

years. By Federal law, no NPDES permit 

may be issued for a period that exceeds 

five (5) years. 

DATES: EPA is modifying its 2008 

Construction General Permit by 

extending the permit by one year. This 

permit modification is effective on 

January 20, 2010. The 2008 

Construction General Permit will now 

expire on midnight June 30, 2011, 

instead of June 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Greg 

Schaner, Water Permits Division, Office 

of Wastewater Management (Mail Code: 

4203M), Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., EPA East, Washington, DC 20460; 

telephone number: (202) 564–0721; fax 

number: (202) 564–6431; e-mail address: 

schaner.greg@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

If a discharger chooses to apply for 

coverage under the 2008 CGP, the 

permit provides specific requirements 

for preventing contamination of 

stormwater discharges from the 

following construction activities: 

Category Examples of affected entities 

North American 

Industry Classification System 

(NAICS) code 

Industry ............. Construction site operators disturbing 1 or more acres of land, or less than 1 acre but part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more, and performing the following activities: 

Building, Developing and General Contracting ................................................................................................ 233 

Heavy Construction .......................................................................................................................................... 234 

EPA does not intend the preceding 

table to be exhaustive, but provides it as 

a guide for readers regarding entities 

likely to be regulated by this action. 

This table lists the types of activities 

that EPA is now aware of that could 

potentially be affected by this action. 

Other types of entities not listed in the 

table could also be affected. To 

determine whether your facility is 

affected by this action, you should 

carefully examine the definition of 

‘‘construction activity’’ and ‘‘small 

construction activity’’ in existing EPA 

regulations at 40 CFR 122.26(b)(14)(x) 

and 122.26(b)(15), respectively. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed for technical information in the 

preceding ‘‘FOR FURTHER INFORMATION

CONTACT’’ section. 

Eligibility for coverage under the 2008 

CGP is limited to operators of ‘‘new 

projects’’ or ‘‘unpermitted ongoing 

projects.’’ A ‘‘new project’’ is one that 

commences after the effective date of 

the 2008 CGP. An ‘‘unpermitted ongoing 

project’’ is one that commenced prior to 

the effective date of the 2008 CGP, yet 

never received authorization to 

discharge under the 2003 CGP or any 

other NPDES permit covering its 

construction-related stormwater 

discharges. This permit is effective only 

in those areas where EPA is the 

permitting authority. A list of eligible 

areas is included in Appendix B of the 

2008 CGP. 

B. 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–OW– 

2008–0238. The official public docket is 

the collection of materials that is 

available for public viewing at the Water 

Docket in the EPA Docket Center, (EPA/ 

DC) EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. Although all documents in 

the docket are listed in an index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available electronically through http:// 

www.regulations.gov and in hard copy 

at the EPA Docket Center Public 

Reading Room, 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 Water Docket is (202) 

566–2426. 

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/. Electronic 

versions of the final permit and fact 

sheet are available at EPA’s stormwater 

Web site http://www.epa.gov/npdes/ 

stormwater. 

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