[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Page 30923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14481]


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ENVIRONMENTAL PROTECTION AGENCY

[CWA-HQ-2001-6001; FRL -6994-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with WorldCom, Inc. 
to resolve violations of the Clean Water Act (``CWA''), and its 
implementing regulations. WorldCom failed to prepare Spill Prevention 
Control and Countermeasure (``SPCC'') plans for seventy-five 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 July 9, 2001.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2001-005, 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.

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

    WorldCom, Inc., a telecommunications company incorporated in the 
State of Georgia and located at 500 Clinton Center Drive, Clinton, 
Mississippi 39056, failed to prepare SPCC plans for seventy-five 
facilities. WorldCom, Inc. 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 seventy-five 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 
WorldCom 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 ($137,500) and proposed a settlement penalty 
amount of eighty-one thousand, three hundred and six ($81,306). This is 
the amount of the economic benefit gained by WorldCom, attributable to 
their delayed compliance with the SPCC regulations. WorldCom, Inc. has 
agreed to pay this amount in civil penalties. EPA and WorldCom 
negotiated and signed an administrative consent agreement, following 
the Consolidated Rules of Procedure, 40 CFR 22.13, on June 1, 2001 (In 
Re: WorldCom, Inc., Docket No. CWA-HQ-2001-6001). 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 July 9, 2001. 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: June 1, 2001.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 01-14481 Filed 6-7-01; 8:45 am]
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