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 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices 5801 

Enforcement and Compliance Docket is 

(202) 566–1927. 

FOR FURTHER INFORMATION CONTACT: 

Sanda Howland, Special Litigation and 

Projects Division (2248–A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone: (202) 564–5022; 

fax: (202) 564–9001; email: 

howland.sanda@epa.gov. 

I. Background 

This settlement agreement is the 

result of voluntary disclosures by 

AboveNet Communications, Inc., 

(AboveNet) to the Special Litigation and 

Projects Division (SLPD) in the Office of 

Civil Enforcement of potential EPCRA 

Sections 311 and 312 reporting 

violations and CWA violations related 

to Spill Prevention, Control, and 

Countermeasure (SPCC) Plan 

requirements. AboveNet, a 

telecommunications company organized 

under the laws of the state of Delaware 

and located at 360 Hamilton Avenue, 

White Plains, NY 10601, disclosed these 

potential violations pursuant to EPA’s 

Incentives for Self-Policing: Discovery, 

Disclosure, Correction and Prevention of 

Violations (Audit Policy), 65 FR 19,618 

(April 11, 2000). 

EPA determined that AboveNet’s 

disclosures satisfied all the conditions 

set forth in the Audit Policy, and 

therefore qualify for a 100% reduction 

of the civil penalty’s gravity component. 

Pursuant to the settlement agreement, 

EPA proposes to waive the gravity based 

penalty. AboveNet will pay a civil 

penalty in the amount of $19,024.00, 

which is the amount of the economic 

benefit gained by AboveNet attributable 

to its delayed compliance with the CWA 

and EPCRA. EPA and AboveNet 

negotiated an administrative Consent 

Agreement in accordance with EPA’s 

Consolidated Rules of Practice, 40 CFR 

part 22, specifically 40 CFR 22.13(b) and 

22.18(b) (In the Matter of AboveNet 

Communications, Inc., Docket Nos. 

CWA–HQ–2012–8000, EPCRA–HQ– 

2012–8000). 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). 

AboveNet violated CWA Section 

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

regulations found at 40 CFR part 112, 

because it failed to prepare and 

implement SPCC plans for the 4 

facilities listed below. 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/building code Address City State 

1 ............. DC–21M ..................................... 2100 M Street NW., Suite P110 ........................... Washington ................................. DC. 

2 ............. IL–52R ........................................ 5201 Rose Street .................................................. Chicago ...................................... IL. 

3 ............. MA–SUM .................................... 1 Summer Street ................................................... Boston ........................................ MA. 

4 ............. PA–401 ....................................... 401 N. Broad Street, Suites 240 & 323 ................ Philadelphia ................................ PA. 

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. 

AboveNet also violated EPCRA 

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

regulations found at 40 CFR part 370, 

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 

48 facilities for varying lengths of time 

between 2007 and 2011. EPA, as 

authorized by EPCRA Section 325, 42 

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

penalty for these violations. 

AboveNet also violated 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 Local Emergency Planning 

Commission (LEPC), the State 

Emergency Response Commission 

(SERC), and/or the fire department with 

jurisdiction over 48 facilities listed in 

Attachment A for varying lengths of 

time between 2007 and 2011. 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 48 

telecommunications facilities 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 

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 February 27, 

2013. 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. 

List of Subjects 

Environmental protection. 

Dated: December 14, 2012. 

Andrew Stewart, 

Acting Division Director, Special Litigation 

and Projects Division, Office of Enforcement 

and Compliance Assurance. 

[FR Doc. 2013–01708 Filed 1–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9773–7] 

Operating Industries, Inc. Superfund 

Site, Monterey Park, CA; Notice of 

Proposed CERCLA Administrative De 

Minimis Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comment. 

SUMMARY: In accordance with Section 

122(i)(1) of the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, as amended 

(CERCLA), 42 U.S.C. 9622(i) and 

Section 7003(d) of the Resource 

Conservation and Recovery Act, as 

amended (RCRA), 42 U.S.C. 6973, notice 

is hereby given of a proposed 

administrative settlement with 47 de 

minimis settling parties for recovery of 

response costs concerning the Operating 

Industries, Inc. Superfund Site in 

Monterey Park, California. The 

settlement is entered into pursuant to 

Section 122(g) of CERCLA, 42 U.S.C. 


tkelley on DSK3SPTVN1PROD with