44990 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices 

pursuant to EPA’s policy entitled 

‘‘Incentives for Self-Policing: Discovery, 

Disclosure, Correction and Prevention of 

Violations’’ (Audit Policy), 65 FR 19618 

(April 11, 2000), violations of the CWA 

and EPCRA, and their implementing 

regulations. 

Specifically, Windstream disclosed 

that it failed to prepare and implement 

a Spill Prevention, Control, and 

Countermeasure (SPCC) Plan for its 

Concord, NC facility in violation of 

CWA Section 311(j), 33 U.S.C. 1321(j), 

and 40 CFR part 112. EPA, as authorized 

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

1321(b)(6), has assessed a civil penalty 

for this violation. 

In addition, Respondent disclosed 

that it had failed to comply with EPCRA 

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

regulations found at 40 CFR 370.25, 

when it failed to prepare and submit 

emergency and chemical inventory 

forms to the Local Emergency Planning 

Commission (LEPC), the State 

Emergency Response Committee 

(SERC), and the fire department with 

jurisdiction over each facility, at the 

following facilities: Brownfield, TX; 

Dalhart, TX; Dimmitt, TX; Dumas, TX; 

Hubbard, TX; Levelland, TX; Glen Rose, 

TX; Littlefield, TX; Crockett, TX; 

DeKalb, TX; Spearman, TX; Seymour, 

TX; Pecos, TX; Newton, TX; Lubbock, 

TX; Trinity, TX; Texarkana, TX; New 

Boston, TX; Memphis, TX; Fairfield, TX; 

Crosbyton, TX; Higgins, TX; Follett, TX; 

Darrouzett, TX; Panhandle, TX; Lamesa, 

TX; Claude, TX; MoBeetie, TX; 

Burkeville, TX; Baird, TX; Hart, TX; 

Orla, TX; Perryton, TX; Cuba, NM; 

Ruidoso, NM; White City, NM; Hobbs, 

NM; Espanola, NM; Checotah, OK; 

Wagoner, OK; Barnsdall, OK; Lindsay, 

OK; Albemarle, NC; Charlotte, NC; 

Concord, NC; and Harrisburg, NC. EPA, 

as authorized by EPCRA Section 325, 42 

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

penalty for these violations. 

EPA determined that Respondent met 

the criteria set out in the Audit Policy 

for a 100% waiver of the gravity 

component of the penalty for the CWA 

and EPCRA violations. Therefore, EPA 

proposes to waive the gravity-based 

penalty of $414,290 and proposes a 

settlement penalty amount of $11,333. 

This is the amount of the economic 

benefit gained by Respondent, 

attributable to its delayed compliance 

with the CWA and EPCRA regulations. 

Of this amount, $861 is attributable to 

the CWA–SPCC violation, and $10,472 

is attributable to the EPCRA violations. 

The total civil penalty assessed for 

settlement purposes is eleven thousand 

three hundred and thirty-three dollars 

($11,333). Respondent has agreed to pay 

this amount. EPA and Respondent 

negotiated and signed an administrative 

Consent Agreement, following the 

Consolidated Rules of Practice, 40 CFR 

22.13(b), on June 27, 2008 (In Re: 

Windstream Corporation, Docket Nos. 

CWA–HQ–2008–8001, EPCRA–HQ–

2008–8001). This Consent Agreement is 

subject to public notice and comment 

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

1321(b)(6). 

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 

$157,500 by 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. 

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 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 

Consent Agreement is September 2, 

2008. 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. 

Dated: July 17, 2008. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. E8–17724 Filed 7–31–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8584–3] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental 

Review Process (ERP), under section 

309 of the Clean Air Act and Section 

102(2)(c) of the National Environmental 

Policy Act as amended. Requests for 

copies of EPA comments can be directed 

to the Office of Federal Activities at 

202–564–7146. 

An explanation of the ratings assigned 

to draft environmental impact 

statements (EISs) was published in FR 

dated April 6, 2008 (73 FR 19833). 

Draft EISs 

EIS No. 20080197, ERP No. D–BLM–

K60041–NV, Lincoln County Land Act 

(LCLA) Groundwater Development 

and Utility Right-of-Way Project, 

Implementation, To Grant a Right-ofWay Permit for Groundwater 

Development and Utility Facilities, 

Lincoln County, NV. 

Summary: EPA expressed 

environmental concerns about the longterm availability of the water supply, 

conservation and water use efficiency, 

and indirect and cumulative impacts, 

and recommended continued 

collaboration through a regional 

groundwater framework to ensure 

efficient long-term sustainable use of the 

deep carbonate-rock aquifer, and 

evaluation and commitment to specific 

climate change adaptation measures and 

back-up water supplies. Rating EC2. 

EIS No. 20080200, ERP No. D–AFS–

J65515–UT, Dixie National Forest 

Motorized Travel Plan, 

Implementation, Dixie National and 

the Teasdale portion of the Fremont 

River Ranger District on the Fishlake 

National Forest, Garfield, Iron, Kane, 

Piute, Washington and Wayne 

Counties, UT. 

Summary: EPA does not object to the 

proposed action. Rating LO. 

EIS No. 20080209, ERP No. D–AFS–

J65516–WY, Inyan Kara Analysis Area 

Vegetation Management, Proposes to 

Implement Best Management 

Livestock Grazing Practices and 

Activities Associated with Adaptive 

Management and Monitoring 

Strategies, Douglas Ranger District, 

Medicine Bow Routt National Forest 

and Thunder Basin National 

Grassland, Niobrara and Weston 

Counties, WY. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices 44991 

Summary: EPA expressed 

environmental concerns about potential 

water quality impacts to riparian/stream 

systems due to past grazing activities. 

EPA supports adaptive management 

practices proposed by the Forest Service 

for improve existing resource conditions 

impacted by grazing and long-term 

drought. EPA requested that the final 

EIS include a drought management plan 

and baseline data for monitoring and 

protecting water quality. Rating EC2. 

EIS No. 20080219, ERP No. D–NOA–

E39073–00, Programmatic—Coral 

Restoration in the Florida Keys and 

Flower Garden Banks National Marine 

Sanctuaries, Implementation, FL, TX, 

and LA. 

Summary: EPA does not object to the 

proposed action, but requested 

additional data to clarify timeframes of 

coral growth and the level of effort to 

conduct the restoration projects. Rating 

LO. 

Dated: July 29, 2008. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. E8–17718 Filed 7–31–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8584–2] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7167 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements 

Filed 07/21/2008 Through 07/25/2008. 

Pursuant to 40 CFR 1506.9. 

EIS No. 20080285, Final EIS, NPS, MT, 

Avalanche Hazard Reduction Project, 

Issuance of Special Use Permit for the 

Use of Explosives in the Park, 

Burlington Northern Santa Fe 

Railway, Glacier National Park, 

Flathead National Forest, Flathead 

and Glacier Counties, MT, Wait 

Period Ends: 09/02/2008, Contact: 

Chas Cartwright 406–888–7898. 

EIS No. 20080286, Final EIS, AFS, UT, 

Pockets Resource Management 

Project, Proposes to Salvage Dead and 

Dying Spruce/Fir, Regenerate Aspen, 

and Manage Travel, Escalate Ranger 

District, Dixie National Forest, 

Garfield County, UT, Wait Period 

Ends: 09/02/2008, Contact: Robert G. 

MacWhorter 435–826–5400. 

EIS No. 20080287, Final EIS, BLM, UT, 

Moab Field Office Planning Area, 

Resource Management Plan, 

Implementation, Grand and San Juan 

Counties, UT, Wait Period Ends: 09/ 

02/2008, Contact: Brent Northrup 

435–259–2100. 

EIS No. 20080288, Draft Supplement, 

NOA, 00, Amendment 16 to the 

Fishery Management Plan for the 

Snapper Grouper Fishery, Additional 

Information to Analyze Four New 

Management Measures Alternatives 

for Gag and Vermillion Snapper, 

Implementation, South Atlantic 

Region, Comment Period Ends: 09/15/ 

2008, Contact: Dr. Roy E. Crabtree 

727–824–5305. 

EIS No. 20080289, Final EIS, FTA, TX, 

Northwest Corridor Light Rail Transit 

Line (LRT) to Irving/Dallas/Fort 

Worth International Airport, 

Construction, Dallas County, TX, Wait 

Period Ends: 09/02/2008, Contact: 

Elizabeth Zekasko 202–366–0244. 

EIS No. 20080290, Draft EIS, STB, 00, 

Elgin, Joliet & Eastern Railroad 

(Finance Docket No. 35087) Proposed 

Acquisition by Canadian National 

(CN) Railway and Grand Trunk 

Corporation to connect all Five of 

CN’s Rail lines, Chicago, Illinois and 

Gary, Indiana, Comment Period Ends: 

09/30/2008, Contact: Phillis JohnsonBall 202–245–0304. 

EIS No. 20080291, Draft EIS, AFS, CO, 

Colorado Roadless Areas Rulemaking, 

Proposes to Promulgate a StateSpecific Rule to Manage Roadless 

Values and Characteristics, Colorado 

Forests with Roadless Areas include: 

Arapaho and Roosevelt: Grand Mesa, 

Uncompahgre, and Gunnison; MantiLa Sal (portion in Colorado); Pike and 

San Isabel; Rio Grande; Routt: San 

Juan; and White River National 

Forests, CO, Comment Period Ends: 

10/23/2008, Contact: Kathy Kurtz 

303–275–5083. 

EIS No. 20080292, Draft EIS, IBR, CA, 

Millerton Lake Resource Management 

Plan (RMP) and General Plan, 

Implementation, Fresno and Madera 

Counties, CA, Comment Period Ends: 

09/15/2008, Contact: Robert Epperson 

559–269–4518. 

EIS No. 20080293, Draft EIS, IBR, CA, 

Cachuma Lake Resource Management 

Plan, Implementation, Cachuma Lake, 

Santa Barbara County, CA, Comment 

Period Ends: 09/15/2008, Contact: 

Sharon McHale 916–989–7172. 

EIS No. 20080294, Final EIS, FHW, VA, 

U.S. 460 Location Study Project, 

Transportation Improvements from I–

295 in Prince George County to the 

Interchange of Route 460 and 58 along 

the Suffolk Bypass, Funding, U.S. 

Army COE Section 10 and 404 

Permits, Prince George, Sussex, Surry, 

Southampton and Isle of Wight 

Counties, VA, Wait Period Ends: 09/ 

02/2008, Contact: Kenneth Myers 

804–775–3353. 

Amended Notices 

EIS No. 20080227, Second Draft 

Supplement, TPT, CA, Presidio Trust 

Management Plan (PTMP), Updated 

Information on the Concept for the 

120-Acre Main Post District, Area B of 

the Presidio of San Francisco, 

Implementation, City and County of 

San Francisco, CA, Comment Period 

Ends: 09/19/2008, Contact: John G. 

Pelka 415–561–5300. 

Revision to FR Notice Published: 

Extending Comment Period from 07/31/ 

2008 to 09/19/2008. 

Dated: July 29, 2008. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. E8–17722 Filed 7–31–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2007–0291; FRL–8700–2] 

Interim Approach to Applying the Audit 

Policy to New Owners 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for comment. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’ or ‘‘the Agency’’) 

announces and requests comment on its 

Interim Approach to Applying the Audit 

Policy to New Owners (‘‘Interim 

Approach’’). (EPA’s April 11, 2000 

policy on ‘‘Incentives for Self-Policing: 

Discovery, Disclosure, Correction and 

Prevention of Violations,’’ is commonly 

referred to as the ‘‘Audit Policy’’ (65 FR 

19618).) This Interim Approach offers a 

detailed description of how EPA will 

apply its Audit Policy to new owners of 

regulated facilities. Under the Interim 

Approach, EPA will offer certain 

incentives specifically tailored to new 

owners that want to make a ‘‘clean 

start’’ at their newly acquired facilities 

by addressing environmental 

noncompliance that began prior to 

acquisition. This Interim Approach is 

designed to motivate new owners to 

audit newly acquired facilities and use 

the Audit Policy to disclose, correct, 

and prevent the recurrence of violations. 

It is also designed to encourage selfdisclosures of violations that will, once 

corrected, yield significant pollutant 

reductions and benefits to the 

environment. The incentives tailored for 

new owners include penalty mitigation 

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