[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