[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Notices]
[Page 6654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3409]



[[Page 6654]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6232-4; CWA-HQ-99-003]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding Cellco Partnership and 
Its Affiliates Doing Business as Bell Atlantic Mobile or Cellular One

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has filed a civil administrative complaint against Cellco 
Partnership and its affiliates doing business as Bell Atlantic Mobile 
or Cellular One (``Cellco'') for failure to prepare a Spill Prevention 
Control and Countermeasure (``SPCC'') plan for 13 facilities where it 
stored diesel oil in above 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 notice to Cellco 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 proposed final order.

DATES: Comments on this proposed order are due on or before March 12, 
1999.

ADDRESSES: Mail written comments to Enforcement & Compliance Docket and 
Information Center (2201A), Docket Number EC-1999-004, 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 WordPerfect 8.0 or earlier version. Electronic comments on the 
complaint and the 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

    Cellco Partnership and its Affiliates doing business as Bell 
Atlantic Mobile or Cellular One (``Cellco''), 180 Washington Valley 
Road, Bedminster, New Jersey 07921, self-disclosed to EPA that it had 
failed to prepare Spill Prevention Control and Countermeasure 
(``SPCC'') plans for 13 facilities where it stored diesel oil in above 
ground storage tanks, in violation 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 66706 (December 22, 1995). EPA filed an 
administrative civil complaint against Cellco on February 5, 1999 (In 
the Matter of Cellco Partnership and its Affiliates doing business as 
Bell Atlantic Mobile or Cellular One, Docket No. CWA-HQ-99-003). The 
CWA administrative penalty proposed in the complaint is $129,068. 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 to assess a penalty equivalent to the economic 
benefit gained by the Respondent because of delayed compliance with the 
SPCC regulations. The proposed settlement figure for this matter is 
$21,680. 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 this proposed Class II order 
is March 12, 1999. All comments will be transferred to the 
Environmental Appeals Board (``EAB'') of EPA 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: February 5, 1999.
Melissa P. Marshall,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 99-3409 Filed 2-9-99; 8:45 am]
BILLING CODE 6560-50-P