99-26669. Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding BellSouth Corporation

[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55478-55479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26669]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6455-7; CWA-HQ-99-004]


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

AGENCY: Environmental Protection Agency (EPA).


[[Page 55479]]


ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with BellSouth 
Corporation (``BellSouth'') to resolve violations of the Clean Water 
Act (``CWA''), and its implementing regulations. BellSouth failed to 
prepare a Spill Prevention Control and Countermeasure (``SPCC'') plan 
for five (5) 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 [e-mail]. 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 [phone]; fax: (202) 564-
0010; e-mail: [e-mail].

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

    BellSouth Corporation, 1155 Peachtree Street, N.E., Suite 1700, 
Atlanta, GA 30309, 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 five 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 
BellSouth 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 ($14,643) and proposed a settlement penalty 
amount three thousand, three hundred and sixty-three dollars ($3,363). 
This is the amount of the economic benefit gained by BellSouth 
attributable to its delayed compliance with the SPCC regulations. 
BellSouth has agreed to pay this amount in civil penalties. EPA and 
BellSouth negotiated and signed an administrative consent agreement, 
following the Consolidated Rules of Procedure, 40 CFR 22.13, on 
September 30, 1999 (In Re: BellSouth Corporation Docket No. CWA-HQ-99-
004). 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. 99-26669 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P