[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55474-55475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26660]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6456-1; CWA-HQ-99-009]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding the Bell 
Atlantic Companies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with the Bell 
Atlantic Companies (``BAC'') to resolve violations of the Clean Water 
Act (``CWA''), and its implementing regulations. BAC failed to prepare 
Spill Prevention Control and Countermeasure (``SPCC'') plans for seven 
facilities where they 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-1999-011, 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 [email protected] . 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 (202) 564-2235; fax: (202) 564-
0010; e-mail: [email protected].

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

    The following Bell Atlantic Companies failed to prepare SPCC plans: 
Bell Atlantic-Pennsylvania, Inc., a telecommunications company 
incorporated in the State of Pennsylvania and located at 1717 Arch 
Street, Philadelphia, PA 19103; Telesector Resources Group, Inc., a 
telecommunications company incorporated in the State of Delaware and 
located at 1095 Avenue of the Americas, New York, NY 10036; Bell 
Atlantic Yellow Pages Company, a company incorporated in the State of 
Delaware and located at 35 Village Road, Middleton, MA 01949; and Bell 
Atlantic Global Networks, Inc. and BA Video Services Company both 
telecommunications companies incorporated in the State of Delaware and 
located at 1320 N. Court House Road, Arlington, VA 22201. The Bell 
Atlantic Companies disclosed, pursuant to the EPA ``Incentives for 
Self-Policing: Discovery, Disclosures, Correction and Prevention of 
Violations' (``Audit Policy''), 60 FR 66706 (December 22, 1995), that 
they failed to prepare SPCC plans for seven facilities where they 
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 the BAC 
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 ($17,850) and proposed a settlement penalty amount four 
thousand, eight hundred and eighty-two dollars ($4,882). This is the 
amount of the economic benefit gained by the BAC, attributable to their 
delayed compliance with the SPCC regulations. The Bell Atlantic 
Companies have agreed to pay this amount in civil penalties. EPA and 
BAC negotiated and signed an administrative consent agreement, 
following the Consolidated Rules of Procedure, 40 CFR 22.13, on October 
6, 1999 (In Re: The Bell Atlantic Companies, Docket No. CWA-HQ-99-009). 
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

[[Page 55475]]

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: October 6, 1999.
Melissa P. Marshall,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 99-26660 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P