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Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Comcast Corporation

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: December 21, 2001 (Volume 66, Number 246)]
[Notices]
[Page 65955-65956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de01-61]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7121-3 ; CWA-HQ-2001-6002; EPCRA-HQ-2001-6002; CAA-HQ-2001-6002]
 
Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Comcast 
Corporation

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Comcast 
Corporation (``Comcast'') to resolve violations of the Clean Water Act 
(``CWA''), Clean Air Act (``CAA''), and Emergency Planning and 
Community Right-to-Know Act (``EPCRA'') and their implementing 
regulations.
    The Administrator, as required by CWA section 311(b)(6)(C), 33 
U.S.C. 1321(b)(6)(C), is hereby providing public notice of, and an 
opportunity for interested persons to comment on, this consent 
agreement and proposed final order. EPA is also providing public notice 
of, and opportunity for interested parties to comment on, the CAA and 
EPCRA portions of this consent agreement.
    Comcast failed to prepare Spill Prevention Control and 
Countermeasure (``SPCC'') plans for fifteen facilities where they 
stored diesel oil in above ground tanks. EPA, as authorized by CWA 
section 311(b)(6), 33 U.S.C. 1321(b)(6), has assessed a civil penalty 
for these violations. Comcast failed to obtain the appropriate 
operating permits or exemptions at fifty facilities in violation of CAA 
section 110, 42 U.S.C. 7410, and various state implementation plan 
(``SIP'') requirements for emergency generators. EPA, as authorized by 
CAA section 113(d)(1), 42 U.S.C. 7413(d)(1), has assessed a civil 
penalty for these violations.

[[Page 65956]]

    Comcast failed to file an emergency planning notification with the 
State Emergency Response Commission (``SERC'') and to provide the name 
of an emergency contact to the Local Emergency Planning Committee 
(``LEPC''). Comcast failed to submit Material Safety Data Sheets 
(``MSDS'') or a list of chemicals to the LEPC, the SERC, and the fire 
department with jurisdiction over each facility for one hundred and six 
facilities in violation of EPCRA section 311, 42 U.S.C. 11021. At 
eighty-three facilities, Comcast failed to submit an Emergency and 
Hazardous Chemical Inventory form to the LEPC, the SERC, and the fire 
department with jurisdiction over each facility in violation of EPCRA 
section 312, 42 U.S.C. 11022. EPA, as authorized by EPCRA section 325, 
42 U.S.C. 11045, has assessed a civil penalty for these violations.

DATES: Comments are due on or before January 22, 2002.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2001-005, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Mail Code 2201A, Washington, DC 
20460. (Comments may be submitted on disk in WordPerfect 8.0 or earlier 
versions.) Written comments may be delivered in person to: Enforcement 
and Compliance Docket Information Center, U.S. Environmental Protection 
Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW., 
Washington, DC. Submit comments electronically to docket.oeca@epa.gov. 
Electronic comments may be filed online at many Federal Depository 
Libraries.
    The consent agreement, the proposed final order, and public 
comments, if any, may be reviewed at the Enforcement and Compliance 
Docket Information Center, U.S. Environmental Protection Agency, Rm. 
4033, Ariel Rios Bldg., 1200 Pennsylvania Avenue, NW., Washington, DC. 
Persons interested in reviewing these materials must make arrangements 
in advance by calling the docket clerk at 202-564-2614. A reasonable 
fee may be charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Multimedia Enforcement 
Division (2248-A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
3271; fax: (202) 564-9001; e-mail: cavalier.beth@epa.gov.

SUPPLEMENTARY INFORMATION:
    Electronic Copies: Electronic copies of this document are available 
from the EPA Home Page under the link ``Laws and Regulations'' at the 
Federal Register--Environmental Documents entry (http://www.epa.gov/
fedrgstr).

I. Background

    Comcast Corporation, a telecommunications company incorporated in 
the Commonwealth of Pennsylvania and located at 1201 Market Street, 
Suite 2201, Wilmington, Delaware 19801, disclosed, pursuant to the EPA 
``Incentives for Self-Policing: Discovery, Disclosures, Correction and 
Prevention of Violations' (``Audit Policy''), 65 FR 19618 (April 11, 
2000), that they failed to prepare SPCC plans for fifteen facilities 
where they stored diesel oil in above ground storage tanks, in 
violation of the CWA section 311(b)(3) and 40 CFR Part 112. Comcast 
disclosed that for fifty facilities they had failed to obtain operating 
permits or exemptions in violation of CAA section 110, 42 U.S.C. 7410, 
and various SIP requirements for emergency generators. Comcast 
disclosed that at seventy facilities they had failed to file emergency 
planning notifications with the SERC and failed to provide the name of 
an emergency contact to the LEPC, in violation of EPCRA sections 302-
303, 42 U.S.C. 7413(a)(1). Comcast further disclosed that at one 
hundred and six facilities they had failed to submit MSDS'' or a list 
of chemicals to the LEPC, SERC, and the fire departments with 
jurisdiction over the facilities, in violation of EPCRA section 311, 42 
U.S.C. 11021; and that at eighty-three facilities had failed to submit 
an Emergency and Hazardous Chemical Inventory for to the LEPC, SERC, 
and fire departments with jurisdiction over the facilities, in 
violation of EPCRA section 312, 42 U.S.C. 11022.
    EPA determined that Comcast met the criteria set out in the Audit 
Policy for a 100% waiver of the gravity component of the penalty. As a 
result, EPA waived the gravity based penalty ($1,215,724) and proposed 
a settlement penalty amount of sixty-four thousand, six hundred and 
three dollars ($64,603). This is the amount of the economic benefit 
gained by Comcast, attributable to their delayed compliance with the 
SPCC, CAA and EPCRA regulations. Comcast Corporation has agreed to pay 
this amount. EPA and Comcast negotiated and signed an administrative 
consent agreement, following the Consolidated Rules of Practice, 40 CFR 
22.13(b), on December 7, 2001 (In Re:Comcast Corporation Docket Nos. 
CWA-HQ-2001-6002, EPCRA-HQ-2001-6002, CAA-HQ-2001-6002). This consent 
agreement is subject to public notice and comment under CWA section 
311(b)(6), 33 U.S.C. section 1321(b)(6). EPA is expanding this 
opportunity for public comment to all other aspects of this consent 
agreement.
    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 the 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 $137,500 by EPA. Class II proceedings under CWA section 
311(b)(6) are conducted in accordance with 40 CFR part 22.
    Under CAA section 113(d), the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated an applicable implementation plan or any other requirement 
of the Act, including any rule, order, waiver, permit or plan. 
Proceedings under CAA section 113(d) are conducted in accordance with 
40 CFR part 22.
    Under EPCRA section 325, 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 the Act. 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 Clean Water Act Class II penalty 
proceeding, are set forth in 40 CFR 22.45. The deadline for submitting 
public comment on this proposed final order is January 22, 2002. 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.

List of Subjects

    Environmental protection.

    Dated: December 12, 2001.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 01-31491 Filed 12-20-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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