Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 52899 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID No. EPA–HQ–2016–0268; FRL– 

9970–75–OECA] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding Enel Green Power 

North America, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has entered into a 

Consent Agreement with ENEL Green 

Power North America, Inc. (EGPNA or 

Respondent) 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-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, CAA, RCRA and EPCRA 

portions of the CAFO, pursuant to CWA 

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

33 U.S.C. 1319(g)(4)(A) and 33 U.S.C. 

1321(b)(6)(C). Upon closure of the 

public comment period, the CAFO and 

any public comments will be forwarded 

to the Agency’s Environmental Appeals 

Board (EAB). 

DATES: Comments are due on or before 

December 15, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

2016–0268, to the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or 

withdrawn. The EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Peter W. Moore, Water Enforcement 

Division, Office of Civil Enforcement 

(2243–A), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460; 

telephone: (202) 564–6014; fax: (202) 

564–0010; email: Moore.peter@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This proposed settlement agreement 

is the result of voluntary disclosures of 

CWA, CAA, RCRA and EPCRA 

violations by EGPNA to the EPA. 

EGPNA is an electric energy producing 

company which specializes in 

producing clean energy from renewable 

sources (i.e., from hydro, solar, wind, 

geothermal and biomass sources) in lieu 

of carbon-based energy sources. EGPNA 

is incorporated in 1985 in the State of 

Massachusetts. EGPNA is located at 100 

Brickstone Square, Ste 300, Andover, 

Massachusetts 01810. 

On October 12, 2012, the EPA and 

Respondent entered into a corporate 

audit agreement pursuant to the 

Agency’s policy on Incentives for SelfPolicing: Discovery, Disclosure, 

Correction and Prevention of Violations 

(Audit Policy), 65 FR 19,618 (Apr. 11, 

2000), in which Respondent agreed to 

conduct a systematic, documented, and 

objective review of its compliance with 

applicable provisions of the CWA, CAA, 

RCRA and EPCRA. Respondent agreed 

to submit a final audit report detailing 

the specific facilities assessed, 

information setting forth violations 

discovered, and corrective actions 

taken. Respondent ultimately audited a 

total of 77 facilities, as documented in 

Respondent’s November 14, 2012 and 

final audit report and the March 7, 2013 

supplemental audit report. 

All violations discovered and 

disclosed by the Respondent are listed 

in Attachments A and B to the CAFO. 

Proposed Settlement 

The EPA determined that Respondent 

satisfactorily completed its audit and 

has met all conditions set forth in the 

Audit Policy for the violations 

identified in Attachment A of the 

CAFO. Therefore, 100 percent of the 

gravity-based penalty calculated for the 

violations identified in Attachment A of 

the CAFO is being waived. 

Attachment B of the CAFO identifies 

certain CWA violations that did not 

meet Condition V of the Audit Policy 

requiring correction of the violation 

within 60 days of discovery. For these 

violations, a gravity-based penalty of 

$22,373 is assessed. 

For all violations listed in 

Attachments A and B, EPA calculated 

an economic benefit of noncompliance 

of $54,624. This number was calculated 

using specific cost information provided 

by Respondent and use of the Economic 

Benefit (BEN) computer model. 

EGPNA has agreed to pay a total civil 

penalty of $76,997 for all the violations 

identified in Attachments A and B of 

the CAFO. Of this amount, $54,624 is 

the economic benefit of noncompliance 

and $22,373 is the gravity-based penalty 

for the violations listed in Attachment B 

of the CAFO. 

Of this total amount, $633 is 

attributable to the CAA violations, 

$49,817 is attributable to the CWA 

NPDES violations, $23,946 is 

attributable to the CWA SPCC 

violations, $907 is attributable to the 

RCRA violations, and $1,664 is 

attributable to the EPCRA violations. 

The EPA and Respondent negotiated 

the Consent Agreement in accordance 

with the Consolidated Rules of Practice, 

40 CFR part 22, specifically 40 CFR 

22.13(b) and 22.18(b) (In re: ENEL Green 

Power North America, Inc..; 

enforcement settlement identifier 

numbers CWA–HQ–2015–8003, RCRA– 

HQ–2015–8003, CAA–HQ–2015–8003 

and EPCRA–HQ–2015–8003). This 

Consent Agreement is subject to public 

notice and comment under Section 

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

1321(b)(6)(C). The procedures by which 

the public may comment on a proposed 

CWA Class II penalty order, or 

participate in a Class II penalty 

proceeding, are set forth in 40 CFR 

22.45. The deadline for submitting 

public comment on this proposed Final 

Order is [insert date 30 days after date 

of publication in the Federal Register]. 

All comments will be transferred to the 

EAB for consideration. The EAB’s 

powers and duties are outlined in 40 

CFR 22.4(a). 

Disclosed and Corrected Violations 

CWA 

Respondent disclosed that it failed to 

prepare and implement a Spill 

Prevention, Control, and 

Countermeasure (SPCC) Plan in 

violation of CWA Section 311(j), 33 

U.S.C. 1321(j), and the implementing 

regulations found at 40 CFR part 112, at 

eighteen (18) facilities located in Idaho, 

Kansas, Massachusetts, Minnesota, New 

Hampshire, Nevada, New York, 

Oklahoma, Texas, Washington, and 


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52900 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 

West Virginia,, identified in Attachment 

A and listed below. 

Bypass, 2371 East 1100, South Hazelton, 

ID 83335 

Hazelton, 2310 East 930, Hazelton, ID 

83335 

Caney River, 1205 Road 7, Howard, KS 

67353 

Caney River, 1206 Road 7, Howard, KS 

67353 

Lawrence, 9 South Broadway, 

Lawrence, MA 01840 

Minnesota Wind, 112 Center St, Lake 

Bento, MN 56151 

Sweetwater, 340 Plains Road, Claremont 

NH, 03743 

Somersworth, 83 Olde Mill Road, 

Somersworth, NH 03879 

Salt Wells, 6059 Salt Wells Road, 

Fallon, NV 89406 

Stillwater Geo, 4785 Lawrence Lane, 

Fallon, NV 89406 

Stillwater Solar, 4789 Lawrence Lane, 

Fallon, NV 89406 

Wethersfield Wind, 4179 Poplar Tree 

Road, Gainesville, NY 14066 

LaChute Lower, Elk Drive, Ticonderoga, 

NY 12884 

Fenner, 5508 Selinger Road, Cazenovia, 

NY 13035 

Rocky Ridge, 13237 N2240, Hobart, OK 

73651 

Snyder Wind Farm, 836 Country Road, 

Hemleigh, TX 79527 

Twin Falls, 49032 Southeast 177th 

Street, North Bend, WA 98045 

Gauley, Gauley River Power Partners, 

Summersville, WVA 26651 

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 the 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. As authorized by CWA Section 

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

has assessed a civil penalty for these 

violations. 

Pursuant to CWA Section 

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

EPA will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

Respondent disclosed that it violated 

CWA Sections 301(a), 33 U.S.C. 1311(a) 

and Section 402(a), 33 U.S.C. 1342(a) 

and implementing regulations found at 

40 CFR part 122 at twenty-six (26) 

facilities located in Georgia, Idaho, 

Massachusetts, New Hampshire, New 

York, North Carolina, South Carolina, 

Vermont, Virginia, and identified in 

Attachments A and B and listed below. 

Milstead, Main Street, Conyers, GA 

30207 

Barber Dam, 5456 Warm Springs Ave, 

Boise ID 8371 

Hazelton, 2310 East 930, Hazelton, ID 

83335 

Bypass, 2371 East 1100 South Hazelton, 

ID 83335 

Dietrich Drop, 5 mi S of Dietrich on 

Milner, Dietrich Drop, ID 83324 

Elk Creek, 176 Elk Lake Road, New 

Meadows, ID 83655 

GeoBon—Notch Butte, 120 West Road, 

Shoshone, ID 83352 

Crescent, 1191 Huntington Road, 

Russell, MA 01702 

Glendale, Route 184, Stockbridge, MA 

01263 

Low Line Rapids, 5 mi S, 1 mi W of 

Kimberly, Kimberly, ID 83343 

Rock Creek, Canyon Springs Road 2.3mi 

W, 1.2S, Twin Falls, ID 83304 

Lower Valley, 131 Sullivan Street, 

Claremont, NH 03744 

Sweetwater, 341 Plains Road, 

Claremont, NH 03744 

Rollinsford, 2 1⁄2 Front Street, 

Rollinsford, NH 03786 

Mascoma, Route 12A, West Lebanon, 

NH 03785 

Woodsville, 4 North Court Street, 

Woodsville, NH 03786 

EHC, 1965 Maple Street, West 

Hopkinton, NH 03229 

Somersworth, 83 Olde Mill Road, 

Somersworth, NH 03879 

Groveville, Route 52, Beacon, NY 12508 

High Shoals, River Street, High Shoals, 

NC 28208 

Piedmont, Highway 86, Piedmont, SC 

29673 

Ware Shoals, Powerhouse Road, Ware 

Shoals, SC 26962 

Sheldon Springs, 122 Heather Lane, 

Sheldon Springs, VT 05486 

Ottauquechee, 47 Mill Street, N. 

Hartland, VT 05053 

Barnet, Route 7, Barnet, VT 05083 

Fries, Highway 95, Fries, VA 24331 

Under CWA Section 309(a) and 

(g)(2)(B), 33 U.S.C. 1319(a) and (g)(2)(B), 

any person who is in violation of any 

condition or limitation which 

implements section 301, 302, 306, 307, 

308, 318, or 405 of this title in a permit 

issued by a State under an approved 

permit program under section 402 or 

404 of this title may be assessed an 

administrative penalty of up to $177,500 

by the EPA. Class II proceedings under 

CWA Section 309(g)(2)(B), 33 U.S.C. 

1319(g)(2)(B), are conducted in 

accordance with 40 CFR part 22. As 

authorized by CWA Section 

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

EPA has assessed a civil penalty for 

these violations. 

CAA 

Respondent disclosed that it violated 

CAA Section 110, 42 U.S.C. 7410 and 

Nevada State Implementation Plan for 

operating under a Class II Air Quality 

Operating Permit that imposes emission 

limits, monitoring, testing, and 

reporting requirements for failing to 

maintain records or report significant 

losses of isobutane during routine 

maintenance. The facilities are located 

in the State of Nevada. 

Under CAA Section 113(d), 42 U.S.C. 

7413(d), the Administrator may issue an 

administrative penalty order to any 

person who has violated or is in 

violation of any applicable requirement 

or prohibition of the CAA, including 

any rule, order, waiver, permit, or plan. 

Proceedings under CAA Section 113(d), 

42 U.S.C. 7413(d), are conducted in 

accordance with 40 CFR part 22. The 

EPA, as authorized by the CAA, has 

assessed a civil penalty for these 

violations. 

RCRA 

Respondent disclosed that it failed to 

comply with RCRA Section 3002 of 

RCRA, 42 U.S.C. 6922, and the 

regulations found at 40 CFR part 265, 

273, and 279, at sixty (60)) facilities 

listed in Attachment A of the CAFO 

when it failed to conduct waste 

accumulation and storage inspections; 

maintain proper universal waste 

disposal and handling practices for 

spent fluorescent lamps and tubes; and 

by failing to maintain waste oil in 

accordance with the regulations. These 

sixty (60) facilities are located in the 

following states: California, 

Connecticut, Georgia, Idaho, Kansas, 

Maine, Massachusetts, Minnesota, 

Oklahoma, Nevada, New York, North 

Carolina, Pennsylvania, South Carolina 

Vermont, Virginia and Washington, 

West Virginia. 

Under RCRA Section 3008, 42 U.S.C. 

6928, the Administrator may issue an 

order assessing a civil penalty for any 

past or current violation the RCRA. 

Proceedings under RCRA Section 3008, 

42 U.S.C. 6928, are conducted in 

accordance with 40 CFR part 22. The 

EPA, as authorized by the RCRA, has 

assessed a civil penalty for these 

violations. 

EPCRA 

Respondent disclosed that it violated 

EPCRA Section 302(c), 42 U.S.C. 

11002(c), and the implementing 

regulations found at 40 CFR part 355, at 

three (3) facilities listed in Attachment 


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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 52901 

A when it failed to notify the State 

Emergency Response Commission 

(SERC) and/or the Local Emergency 

Planning Committee (LEPC) that these 

facilities are subject to the requirements 

of Section 302(c) of EPCRA. These three 

(3) facilities are located in the following 

states: Kansas and New Hampshire. 

Respondent disclosed that it violated 

EPCRA Section 311(a), 42 U.S.C. 

11021(a), and the implementing 

regulations found at 40 CFR part 370, at 

three (3) facilities listed in Attachment 

A when it failed to submit a Material 

Safety Data Sheet (MSDS) for a 

hazardous chemical(s) and/or extremely 

hazardous substance(s) or, in the 

alternative, a list of such chemicals, to 

the LEPCs, SERCs, and the fire 

departments with jurisdiction over these 

facilities. These three (3) facilities are 

located in the following states: Kansas 

and New Hampshire. 

Respondent disclosed that it violated 

EPCRA Section 312(a), 42 U.S.C. 

11022(a), and the implementing 

regulations found at 40 CFR part 370, at 

three (3) facilities listed in Attachment 

A when it failed to prepare and submit 

emergency and chemical inventory 

forms to the LEPCs, SERCs, and the fire 

departments with jurisdiction over these 

facilities. These three (3) facilities are 

located in the following states: Kansas 

and New Hampshire. 

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 

EPA, as authorized by EPCRA Section 

325, 42 U.S.C. 11045, has assessed a 

civil penalty for these violations. 

List of Subjects 

Environmental protection. 

Dated: October 27, 2017. 

Rosemarie Kelley, 

Acting Director, Office of Civil Enforcement, 

Office of Enforcement and Compliance 

Assurance. 

[FR Doc. 2017–24722 Filed 11–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

FRL–9970–67–OGC; EPA–HQ–OGC– 

2017–0630] 

Proposed Settlement Agreement, 

Clean Air Act Title V Permit Appeal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Settlement 

Agreement; Request for Public 

Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or the ‘‘Act’’), notice is hereby 

given of a proposed settlement 

agreement to resolve a case filed by 

Veolia ES Technical Solutions, L.L.C. 

(‘‘Veolia’’) involving EPA actions under 

the CAA Title V operating permit 

program. On February, 15, 2017, Veolia 

filed a petition with the Environmental 

Appeals Board (‘‘EAB’’) challenging the 

CAA Title V renewal permit issued by 

EPA Region 5 for the Veolia facility in 

Sauget, Illinois (‘‘the Facility’’) on 

January 18, 2017. (In re Veolia ES 

Technical Solutions, L.L.C., CAA 

Appeal No. 17–02). Under the proposed 

settlement agreement, among other 

changes to the permit, Veolia agrees to 

install activated carbon injection 

systems (‘‘ACI systems’’) on two 

incinerators that currently do not have 

controls for vapor phase mercury and 

EPA Region 5 will request a remand of 

the CAA Title V renewal permit. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by December 15, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2017–0630, online at 

www.regulations.gov (EPA’s preferred 

method). For comments submitted at 

www.regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: John 

T. Krallman, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–0904; email address: 

krallman.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

The proposed settlement agreement 

would resolve the case filed by Veolia 

involving EPA Region 5’s actions under 

the CAA title V operating permit 

program. On February 15, 2017, Veolia 

filed a petition with the Environmental 

Appeals Board (‘‘EAB’’) challenging the 

CAA Title V renewal permit issued by 

EPA Region 5 on January 18, 2017 to 

Veolia’s facility in Sauget, Illinois (‘‘the 

Facility’’). 

Under the terms of the proposed 

settlement agreement, among other 

changes to the permit, Veolia agrees to 

install activated carbon injection 

systems (‘‘ACI systems’’) on two of its 

incinerators to control emissions of 

vapor phase mercury and EPA Region 5 

agrees to request a voluntary remand 

from the EAB of the CAA Title V 

renewal permit issued on January 18, 

2017. If this proposed settlement 

agreement is finalized, EPA Region 5 

will put out a draft CAA Title V permit 

for separate public notice and comment 

period. The revised draft CAA Title V 

renewal permit, which is attached to the 

proposed settlement agreement, also 

includes improvements to Veolia’s 

procedures for analyzing hazardous 

wastes burned in the incinerators. If the 

final CAA Title V renewal permit for the 

Facility only contains changes from the 

revised draft that reflect the inclusion of 

any final preconstruction permit that 

has been issued by the Illinois 

Environmental Protection Agency for 

the ACI systems or clerical changes from 

the draft CAA Title V permit attached to 

the proposed settlement agreement, 

Veolia agrees that it will not file a 

petition for review with the EAB or 

otherwise challenge the final CAA Title 

V renewal permit for the Facility. The 

proposed settlement agreement provides 

that this public notice shall not serve as 

the notice and comment period for any 


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