[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55477-55478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26667]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6455-9; CWA-HQ-99-007]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Western 
Wireless Corporation and VoiceStream Wireless Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Western Wireless 
Corporation (``Western Wireless'') and VoiceStream Wireless Corporation 
(``VoiceStream Wireless'') to resolve violations of the Clean Water Act 
(``CWA''), and its implementing regulations. Western Wireless and 
VoiceStream Wireless failed to prepare Spill Prevention Control and 
Countermeasure (``SPCC'') plans for four 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-1999-010, 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: Philip Milton, 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

    Western Wireless and VoiceStream Wireless, both located at 3650 
131st Avenue, S.E., Suite 400, Bellevue, Washington 98006, 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 four 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 Western Wireless and VoiceStream 
Wireless 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 ($30,525) and proposed a settlement penalty 
amount one thousand, five hundred and ninety-three dollars ($1,593). 
This is the amount of the economic benefit gained by Western Wireless 
and VoiceStream Wireless, attributable to their delayed compliance with 
the SPCC regulations. Western Wireless and VoiceStream Wireless have 
agreed to pay this amount in civil penalties. EPA and Western Wireless 
and VoiceStream Wireless negotiated and signed an administrative 
consent agreement, following the Consolidated Rules of Procedure, 40 
CFR. 22.13, on October 6, 1999 (In Re: Western Wireless and VoiceStream 
Wireless, Docket No. CWA-HQ-99-007). 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),

[[Page 55478]]

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 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. 99-26667 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P