[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Page 55478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26668]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6455-8 ; CWA-HQ-99-006]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Paging Network 
Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has entered into a consent agreement with Paging Network 
Inc. (``PageNet'') to resolve violations of the Clean Water Act 
(``CWA''), and its implementing regulations. PageNet failed to prepare 
a Spill Prevention Control and Countermeasure (``SPCC'') plan for two 
facilities where it 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-1999-007, 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 (2248-3A), 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

    PageNet, 14911 Quorum Drive, Dallas, Texas 75240, pursuant to the 
EPA ``Incentives for Self-Policing: Discovery, Disclosures, Correction 
and Prevention of Violations' (``Audit Policy''), 60 FR 66706 (December 
22, 1995), disclosed to EPA that it failed to prepare SPCC plans for 
two facilities where it 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 PageNet 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 ($15,090) and proposed a 
settlement penalty amount one thousand, seven hundred and ninety-four 
dollars ($1,794). This is the amount of the economic benefit gained by 
PageNet, attributable to its delayed compliance with the SPCC 
regulations. PageNet has agreed to pay this amount in civil penalties. 
EPA and PageNet negotiated and signed an administrative consent 
agreement, following the Consolidated Rules of Procedure, 40 CFR 22.13, 
on October 6, 1999 (In Re: Paging Network, Inc., Docket No. CWA-HQ-99-
006). 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 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. 99-26668 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P