[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Pages 54455-54456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27726]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5752-3; CWA-97-H-001]


GTE Corporation; Proposed Clean Water Act Class II Administrative 
Complaint Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has filed a civil administrative complaint against GTE 
Corporation (GTE) for failure to prepare Spill Prevention 
Countermeasure and Control (SPCC) plans for 89 facilities where it 
stored diesel oil, 88 with above ground and one with below ground 
tanks, in violation of the Clean Water Act (CWA) and its implementing 
regulations. EPA under CWA section 311 has assessed a civil penalty and 
provided GTE notice of the proposed issuance of an order assessing a 
penalty and an opportunity for a hearing. The Administrator, as 
required by CWA section 311, is providing public notice and reasonable 
opportunity to interested persons to comment on the proposed issuance 
of the order.

DATES: Comments on this proposed order are due on or before November 
19, 1997.

ADDRESSES: Mail written comments to Ms. Angela DeVore, Multimedia 
Enforcement Division (2248-A), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. In person, deliver comments to Ms. 
Angela DeVore, Multimedia Enforcement Division, Environmental 
Protection Agency, Rm. 3117, Ariel Rios Bldg., 1200 Pennsylvania Ave., 
NW., Washington, DC.
    Comments may also be submitted electronically to: 
[email protected]. Follow the instructions under Unit II. 
of this document.
    The public record for the proceeding is located in the Office of 
the EPA Headquarters Hearing Clerk, Ms. Bessie Hammiel, Rm. C-400, 401 
M St., SW., Washington, DC, Monday through Friday, excluding legal 
holidays from 8 a.m. to 4:30 p.m.; telephone (202) 260-4865.
FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
40 CFR Part 22--Consolidated Rules of Practice Governing the 
Administrative Assessment of Civil Penalties and the Revocation or 
Suspension of Permits, to review the complaint or other documents filed 
by the parties in this proceeding, comment upon the proposed penalty 
assessment, or participate in any hearing that may be held, should 
contact Ms. Angela DeVore, Multimedia Enforcement Division (2248-A), 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone (202) 564-2235; fax (202) 564-9001; e-mail: 
[email protected].
    For technical information contact: Gerard C. Kraus, Multimedia 
Enforcement Division, Office of Enforcement and Compliance Assurance, 
at (202) 564-6047.

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

I. Background

    GTE, One Stamford Forum, Stamford, CT 06904, self-disclosed to EPA 
that it had failed to prepare SPCC plans for 89 facilities where it 
stored diesel oil, 88 with above ground and one with below ground 
tanks, in violation of the CWA and 40 CFR part 112. The disclosures 
were made pursuant to the EPA ``Incentives for Self-Policing: 
Discovery, Disclosures, Correction and Prevention of Violations'' 
(``the Audit Policy'') (60 FR 66706, December 22, 1995). EPA filed an 
administrative civil complaint against GTE on September 29, 1997 (in 
re: GTE Corporation, CWA-97-H-001). The administrative penalty proposed 
in the complaint is the statutory maximum, $125,000. EPA intends to 
settle this action under the Audit Policy. Using the criteria set forth 
in the policy, EPA intends to waive any gravity based penalty and 
collect economic benefit enjoyed by the Respondent because of delayed 
compliance with the SPCC regulations. The proposed settlement figure 
for this matter is $16,708. This settlement is subject to public notice 
and comment under CWA section 311 (33 U.S.C. 1321).
    Under CWA section 311(b)(6) (33 U.S.C. 1321(b)(6)), 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 administratively assessed a civil 
penalty of up to $125,000 by EPA. Class II proceedings under CWA 
section 311(b)(6) are conducted in accordance with 40 CFR part 22 
rules.
    The procedures by which the public may submit written comments on a

[[Page 54456]]

proposed Class II penalty order or participate in a Class II penalty 
proceeding are set forth in 40 CFR part 22. The deadline for submitting 
public comment on a proposed Class II order is November 19, 1997. All 
comments will be transferred to the Environmental Appeals Board of EPA 
for consideration and/or incorporation into the final order.
    In order to provide opportunity for public comment, EPA will not 
take final action in this proceeding prior to the close of the public 
comment period.

II. Public Record and Electronic Submissions

    The public record for this proceeding (including comments submitted 
electronically as described below) has been established. A public 
version of this record, including printed, paper versions of electronic 
comments is located in the Office of the EPA Headquarters Hearing 
Clerk, Ms. Bessie Hammiel, Rm. C-400, 401 M St., SW., Washington, DC, 
Monday through Friday, excluding legal holidays from 8 a.m. to 4:30 
p.m.; telephone (202) 260-4865.
    Comments may be submitted on disk in WordPerfect 5.1/6.1. 
Electronic comments on this proposed order may be filed online at many 
Federal Depository Libraries.

List of Subjects

    Environmental protection.

    Dated: October 15, 1997.

Melissa P. Marshall,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.

[FR Doc. 97-27726 Filed 10-17-97; 8:45 am]
BILLING CODE 6560-50-F