[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Notices]
[Pages 61165-61166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26505]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6885-9; MM-HQ-2000-0006]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with AirTouch 
Communications, Inc. to resolve violations of the Clean Water Act 
(``CWA''), and its implementing regulations. AirTouch failed to prepare 
Spill Prevention Control and Countermeasure (``SPCC'') plans for ten 
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 15, 2000.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2000-009, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW., Mail Code 2201A, 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.

[[Page 61166]]


FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Multimedia Enforcement 
Division (2248-A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
3271; fax: (202) 564-9001; 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

    AirTouch Communications, Inc., a telecommunications company 
incorporated in the State of Delaware and located at One California 
Street, San Francisco, California 94111 failed to prepare SPCC plans 
for ten facilities. AirTouch Communications, Inc. disclosed, pursuant 
to the EPA ``Incentives for Self-Policing: Discovery, Disclosures, 
Correction and Prevention of Violations'' (``Audit Policy''), 60 FR 
66,706 (December 22, 1995), that they failed to prepare SPCC plans for 
ten 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 AirTouch 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 ($47,625.00) and proposed 
a settlement penalty amount of fifty-two thousand, six hundred and 
thirty-six dollars ($52,636.00). This is the amount of the economic 
benefit gained by AirTouch, attributable to their delayed compliance 
with the SPCC regulations. AirTouch Communications, Inc. has agreed to 
pay this amount in civil penalties. EPA and AirTouch negotiated and 
signed an administrative consent agreement, following the Consolidated 
Rules of Procedure, 40 CFR 22.13, on September 28, 2000 (In Re: 
AirTouch Communications, Inc., Docket No. MM-HQ-2000-0006). This 
consent agreement is subject to public notice and comment under CWA 
section 311(b)(6), 33 U.S.C. section 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 15, 2000. 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 3, 2000.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 00-26505 Filed 10-13-00; 8:45 am]
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