[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Notices]
[Pages 22797-22800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9561]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7654-1; HQ-2004-6001]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Advance Auto
Parts, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with Advance Auto
Parts, Inc. (``Advance'') to resolve violations of the Clean Water Act
(``CWA''), the Emergency Planning and Community Right-to-Know Act
(``EPCRA''), and the Resource Conservation and Recovery Act (``RCRA'')
and their implementing regulations.
The Administrator is hereby providing public notice of this consent
agreement and final order and providing an opportunity for interested
persons to comment on the CWA portions, as required by CWA section
311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).
Advance failed to prepare Spill Prevention Control and
Countermeasure (``SPCC'') plans for four facilities where
[[Page 22798]]
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. Advance failed to comply with various hazardous
waste management, universal waste management, and underground storage
tank requirements at eight facilities, as further described below. EPA,
as authorized by RCRA section 3008, 42 U.S.C. 6928, has assessed a
civil penalty for these violations. Advance 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''). At seven facilities, Advance
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 May 27, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in section 1.B of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Special Litigation and
Projects 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: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. 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. OECA-2004-0025. The official public docket
consists of the Consent Agreement, proposed Final Order, and any public
comments received. Although a part of the official docket, the public
docket does not include Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. The
official public docket is the collection of materials that is available
for public viewing at the Enforcement and Compliance Docket Information
Center (ECDIC) in the EPA Docket Center, (EPA/DC) EPA West, Room B102,
1301 Constitution Ave., 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 Public
Reading Room is (202) 566-1744, and the telephone number for the ECDIC
is (202) 566-1752. A reasonable fee may be charged by EPA for copying
docket materials.
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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in section I.A.1.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments.
Once in the
[[Page 22799]]
system, select ``search,'' and then key in Docket ID No. OECA-2004-
0025. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
[email protected], Attention Docket ID No. OECA-2004-0025. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section I.A.1. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send your comments to: Enforcement and Compliance
Docket Information Center, Environmental Protection Agency, Mailcode:
2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention
Docket ID No. OECA-2004-0025.
3. By Hand Delivery or Courier. Deliver your comments to the
address provided in section I.A.1., Attention Docket ID No. OECA-2004-
0025. Such deliveries are only accepted during the Docket's normal
hours of operation as identified in section I.A.1.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
I. Background
Advance Auto Parts, Inc. operates a distribution business whereby
auto parts are purchased, stored, distributed, and sold through
approximately 2400 retail stores. Advance, incorporated in the State of
Delaware and located at 5673 Airport Road, Roanoke, Virginia 24012,
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 four 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. Advance disclosed that at seven 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 section 302, 42 U.S.C. 11002. Advance disclosed that
at seven facilities they 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.
Pursuant to 40 CFR part 22.45(b)(2)(iii), the following is a list
of facilities at which Advance self-disclosed violations of CWA section
311(b)(3): Thomson Distribution Center, 1520 I-20 Industrial Park
Drive, Thomson, Georgia 30824; Lakeland Distribution Center, 4900 South
Frontage Road, Lakeland, Florida 33815; Gadsden Distribution Center,
4330 Brooke Avenue, Gadsden, Alabama 35904; Hazelhurst Distribution
Center, 19001 Highway 51, Hazelhurst, Mississippi 39083.
Advance self-disclosed violations of EPCRA sections 302 and/or
sections 312 at the following facilities: Salinas Distribution Center,
3633 9th Street, Salina, Kansas 67401; Thomson Distribution Center,
1520 I-20 Industrial Park Drive, Thomson, Georgia 30824; Gadsden
Distribution Center, 4330 Brooke Avenue, Gadsden, Alabama 35904;
Roanoke Distribution Center, 1835 Blue Hills Drive, Roanoke, Virginia
24038; Lakeland Distribution Center, 4900 South Frontage Road,
Lakeland, Florida 33815; Gastonia Distribution Center, 1900 Jenkins
Dairy Road, Gastonia, North Carolina 28052; Hazelhurst Distribution
Center, 19001 Highway 51, Hazelhurst, Mississippi 39083.
In addition, Advance disclosed violations of RCRA and related State
regulations related to the management of hazardous waste, universal
waste, and underground storage tanks at the following eight facilities:
Delaware Distribution Center, 1675 U.S. 42 South, Delaware, Ohio 53015;
Gadsden Distribution Center, 4330 Brooke Avenue, Gadsden, Alabama
35904; Gastonia Distribution Center, 1900 Jenkins Dairy Road, Gastonia,
North Carolina 28052; Hazelhurst Distribution Center, 19001 Highway 51,
Hazelhurst, Mississippi 39083; Lakeland Distribution Center, 4900 South
Frontage Road, Lakeland, Florida 33815; Roanoke Distribution Center,
1835 Blue Hills Drive, Roanoke, Virginia 24038; Salina Distribution
Center, 3633 9th Street, Salina, Kansas 67401; and Thomson Distribution
Center, 1520 I-20 Industrial Park Drive, Thomson, Georgia 30824.
Advance reported failure to properly train employees who handle
universal waste at the Hazelhurst, Gastonia, Roanoke, Lakeland, Salina,
Gadsden, and Delaware Distribution Centers as required by 40 CFR 273.16
and related State regulations as follows: MS Reg HW-1-273, 15A NAC 13A.
0119(b), 9VAC20-60-273, FAC 62-730.185, K.A.R. 28-31-15, AL Reg 335-14-
11-0.02(7), and OAC rule 3724-52-34(D)(5)(c). Advance disclosed failure
to properly label universal waste containers at the Roanoke, Gadsden,
Gastonia, Delaware, Hazelhurst, and Lakeland Distribution Centers in
violation of 40 CFR 273.14 and 40 CFR 273.15 and related State
regulations as follows: OAC Rule 3745-273.14(E) and OAC Rule 3745-
273.15, MS Reg HW-1-273, FAC 62-730.185 and FAC 62-730.185, 9VAC-20-60-
273, AL Reg 335-14-11-0.02(6)(c) and AL Reg 335-14-11-0.02(5)(e), and
15A NAC 13A. 0119. Advance reported the accumulation of universal waste
for a period longer than one year at the Lakeland Distribution Center
in violation of 40 CFR 273.15 and related State regulation FAC 62-
730.185. Advance reported the improper disposal of universal wastes at
the Gadsden, Delaware, Roanoke, Gastonia, Salina, and Hazelhurst
Distribution Centers as required by 40 CFR 273.11(a) and related State
regulations as follows: AL Reg 335-14-11-0.02(2), OAC Rule
[[Page 22800]]
3745-273.11(A), 9VAC20-60-273, 15A NAC 13A. 0119(b), K.A.R. 28-31-15,
and MS Reg HW-1-273.
Advance disclosed the failure to properly label hazardous waste
containers at the Gadsden, Delaware, Gastonia, and Roanoke Distribution
Centers as required by 40 CFR 262.34(a)(2) and 40 CFR 262.34(a)(3) and
related State regulations AL Reg 335-14-3-0.03(a)(3), OAC Rule 3745-52-
44, 15A NAC 13A.0107(c), and 9VAC20-60-262. Advance disclosed failure
to provide training to employees handling hazardous wastes at the
Gastonia, Hazelhurst, Roanoke, and Delaware Distribution Centers as
required by 40 CFR 262.34(d)(5)(iii) and related State regulations 15A
NAC 13A.0107(c), 9VAC20-60-262, MS Reg HW-1-262, OAC Rule 3745-65-16,
AL Reg 335-14-3-.03(5)(d)(5)(iii).
Advance disclosed that they had failed to implement emergency
preparedness and prevention measures at the Delaware and Roanoke
Distribution facilities, as required by 40 CFR 262.34(d)(4), 40 CFR
265.30-265.35, and 40 CFR 265.37 and related state regulations OAC Rule
3745-66-71 and 9VAC20-60-262 and 9VAC20-60-265.
Advance disclosed the failure to keep manifests for three years in
violation of 40 CFR 262.40(a) and related State regulations MS REG HW-
1-262, AL Reg 335-14-3-0.04(1)(a), and FAC 62-730.160 at the
Hazelhurst, Gadsden, and Lakeland Distribution Centers. Advance
reported a failure to use manifests for hazardous wastes and failure to
keep records of hazardous waste activity at the Roanoke Distribution
Center, in violation of 40 CFR 262.20 and 262.42(b) and related State
regulation 9VAC20-60-262. Advance disclosed a failure to post emergency
information next to the phone at the Delaware, Gastonia, Hazelhurst,
Roanoke, and Gadsden Distribution Centers as required by 40 CFR
262.34(d)(5)(ii) and related State regulations OAC Rule 3745-65-56, 15A
NAC 13A.0107(c), MS Reg HW-1-262, 9VAC20-60-262, and AL Reg 335-14-3-
0.03(5)(d)(5)(ii).
Advance disclosed failure to conduct weekly inspections of
hazardous waste storage areas at the Hazelhurst, Gastonia, and Roanoke
Distribution Centers, in violation of 40 CFR 22.34(d)(2) and 40 CFR
265.174 and related State regulations MS Reg HW-1-262, 15A NAC
13A.0107(c) and (j), and 9VAC20-60-265. Advance reported the failure to
properly store hazardous wastes at the Roanoke Distribution Center as
required by 40 CFR 262.34(d)(2) and 40 CFR 265.177, 40 CFR 265.174, 40
CFR 265.173, 40 CFR 265.171, and related State requirement 9VAC20-60-
265.
Advance reported the failure to obtain an EPA identification number
for the Gadsden, Delaware, Roanoke, and Gastonia Distribution Centers,
in violation of 40 CFR 262.12(a) and (b) and 40 CFR 265.11 and related
State regulations AL Reg335-14-3-0.01(3)(a), OAC Rule 3745-52-12,
9VAC20-60-328, and 15A NAC 13A.0107(a).
Advance reported the failure to make a hazardous waste
determination at the Delaware, Roanoke, Thomson, and Salina
Distribution Centers, in violation of 40 CFR 262.11, 40 CFR 261.3, 40
CFR 261.4(b), and 40 CFR 261.21-261.24, and related State regulations
OAC Rule 3645-52-11, 9VAC20-60-261 and 262, GA DEP Rule 391-3-11-.07,
and K.A.R. 28-31-4(b).
Finally, Advance reported that at the Gastonia Distribution Center
they had failed to meet underground storage tank standards and be
upgraded or closed by December 22, 1998, as required by 40 CFR
280.10(c) and 40 CFR 280.21(a) through 40 CFR 280.21(d) and 15A NAC
2N.0303.
EPA determined that Advance met the criteria set out in the Audit
Policy for a 100% waiver of the gravity component of the penalty. As a
result, EPA proposes to waive the gravity based penalty ($893,858) and
proposes a settlement penalty amount of twenty thousand, six hundred
and nineteen dollars ($20,619). This is the amount of the economic
benefit gained by Advance, attributable to their delayed compliance
with the SPCC, RCRA and EPCRA regulations. Advance Auto Parts, Inc. has
agreed to pay this amount. EPA and Advance negotiated and signed an
administrative consent agreement, following the Consolidated Rules of
Practice, 40 CFR 22.13(b), on March 31, 2004 (In Re: Advance Auto
Parts, Inc., Docket No. HQ-2004-6001). 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 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 RCRA section 3008a, 42 U.S.C. 6928, the Administrator may
issue an administrative order assessing a civil penalty against any
person who has violated or is in violation of any requirement of the
Act. Proceedings under RCRA section 3008a 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 May 27, 2004. 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.
Dated: April 14, 2004.
Robert A. Kaplan,
Director, Special Litigation and Projects Division, Office of
Enforcement and Compliance Assurance.
[FR Doc. 04-9561 Filed 4-26-04; 8:45 am]
BILLING CODE 6560-50-P