[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Notices]
[Pages 4870-4871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2316]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6228-5; CWA-HQ-99-001]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity to Comment Regarding United States Cellular 
Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has filed a civil administrative complaint against United 
States Cellular Corporation (``U.S. Cellular'') for failure to prepare 
a Spill Prevention Control and Countermeasure (``SPCC'') plan for one 
facility where it stored diesel oil in two above ground tanks in 
violation of the Clean Water Act (``CWA'') and its implementing 
regulations. EPA, pursuant to CWA section 311, has proposed to assess a 
civil penalty and provided notice to U.S. Cellular of its right to 
request a hearing. The Administrator, as required by CWA section 311, 
is providing public notice and opportunity for interested persons to 
comment on the complaint and the final proposed order.

DATES: Comments on the complaint and the proposed order are due on or 
before March 3, 1999.

ADDRESSES: Mail written comments to Enforcement & Compliance Docket and 
Information Center (2201A), Docket Number EC-1999-01, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460. In person, deliver 
comments to Enforcement & Compliance Docket Information Center, U.S. 
Environmental Protection Agency, Rm. 4033, Ariel Rios Bldg., 1200 
Pennsylvania Ave., NW., Washington, DC. Comments may also be submitted 
electronically to: [email protected]. Comments may be submitted on 
disk in

[[Page 4871]]

WordPerfect 8.0 or earlier version. Electronic comments on the 
complaint and this proposed order may be filed online at many Federal 
Depository Libraries.
    The complaint, consent agreement, the proposed final order, and 
public comments, if any, may be reviewed at the Enforcement & 
Compliance Docket Information Center, U.S. Environmental Protection 
Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC. Persons interested in reviewing these materials must 
make advance arrangements to do so by calling 202-564-2614. A 
reasonable fee may be charged by EPA for copying docket materials.
    The public record of the administrative enforcement 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: Mr. Philip Milton, Multimedia 
Enforcement Division (2248-A), U.S. Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460; telephone (202) 564-2235; fax 
(202) 564-0010; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Electronic Availability: 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

    U.S. Cellular, 8410 W. Bryn Mawr Ave., Chicago IL 60631, self-
disclosed to EPA that it had failed to prepare a SPCC plan for one 
facility where it stored diesel oil in two above ground tanks in 
violation of Section 311 of the CWA and 40 CFR Part 112. The disclosure 
was made pursuant to the EPA ``Incentives for Self-Policing: Discovery, 
Disclosures, Correction and Prevention of Violations' (``Audit 
Policy''), 60 FR 66,706, (December 22, 1995). EPA filed an 
administrative civil complaint against U.S. Cellular on January 25, 
1999 (In the matter of United States Cellular Corporation, Docket No. 
CWA-HQ-99-001). The CWA administrative penalty proposed in the 
complaint is $14,127. EPA intends to settle this action pursuant to the 
Audit Policy. Using the criteria set forth in the policy, EPA intends 
to waive any gravity based penalty and collect the economic benefit 
gained by the Respondent because of delayed compliance with the SPCC 
regulations. The proposed settlement figure for this CWA violation is 
$1,127. This settlement is subject to public notice and comment under 
CWA section 311, 33 U.S.C. 1321.
    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 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 $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 submit written comments on 
the complaint and on a proposed Class II penalty order or participate 
in a Class II penalty proceeding are set forth in 40 CFR 22.38. The 
deadline for submitting public comment on the complaint and this 
proposed Class II order is March 3, 1999. All comments will be 
transferred to the Environmental Appeals Board (EAB) for consideration 
and/or incorporation into the final order. The powers and duties of the 
EAB are outlined in 40 CFR 22.04(a).
    In order to provide an opportunity for public comment, EPA will not 
take final action in this proceeding prior to the close of the public 
comment period.

List of Subjects

    Environmental protection.

    Dated: January 27, 1999.
Melissa P. Marshall,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 99-2316 Filed 1-29-99; 8:45 am]
BILLING CODE 6560-50-P