[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55476-55477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26665]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6455-6; CWA-HQ-99-008]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding US WEST
Communications, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with US WEST
Communications, Inc. (``US WEST'') to resolve violations of the Clean
Water Act (``CWA''), and its implementing regulations. US WEST failed
to prepare a Spill Prevention Control and Countermeasure (``SPCC'')
plan for seven (7) facilities where it 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.
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.
DATES: Comments are due on or before November 12, 1999.
ADDRESSES: Mail written comments to the Enforcement & Compliance Docket
and Information Center (2201A), Docket Number EC-1999-008, Office of
Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, 401 M Street, SW, 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: Davis Jones, Multimedia Enforcement
Division (2248-A), U.S. Environmental Protection Agency, 401 M Street,
SW, Washington, DC 20460; telephone (202) 564-6035; fax: (202) 564-
0010; e-mail: jones.davis@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
US WEST Communications, Inc., 1801 California Street, Suite 390,
Denver, CO 80202, pursuant to the EPA ``Incentives for Self-Policing:
Discovery, Disclosures, Correction and Prevention of Violations''
(``Audit Policy''), 60 FR 66706 (December 22, 1995), disclosed to EPA
that it failed to prepare SPCC plans for seven facilities where it
stored diesel oil in above ground storage tanks, in violation of the
CWA section 311(b)(3) and 40 CFR part 112. EPA determined that US WEST
met the criteria set out
[[Page 55477]]
in the Audit Policy for a 100% waiver of the gravity component of the
penalty. As a result, EPA waived the gravity based penalty ($59,813)
and proposed a settlement penalty amount four thousand seven hundred
seventeen dollars ($4,717). This is the amount of the economic benefit
gained by US WEST attributable to its delayed compliance with the SPCC
regulations. US WEST has agreed to pay this amount in civil penalties.
EPA and US WEST negotiated and signed an administrative consent
agreement, following the Consolidated Rules of Procedure, 40 CFR 22.13,
on September 30, 1999 (In Re: US WEST Communications, Inc. Docket No.
CWA-HQ-99-008). 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.
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 November 12, 1999. 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 22.04(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: September 30, 1999.
Rosemarie A. Kelley,
Acting Director, Multimedia Enforcement Division, Office of Enforcement
and Compliance Assurance.
[FR Doc. 99-26665 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P
