[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Notices]
[Pages 49379-49380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24211]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7067-8; CWA-HQ-2001-6022]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity to Comment Regarding Standard Steel, 
a Division of Freedom Forge Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Standard Steel, 
a Division of Freedom Forge Corporation, to resolve violations of the 
Clean Water Act (``CWA''), and its implementing regulations. Standard 
Steel failed to prepare a complete Spill Prevention Control and 
Countermeasure (``SPCC'') plan, failed to provide secondary 
containment, and failed to complete and maintain certification forms 
for two facilities where they stored oil or oil products in above 
ground tanks. Standard Steel failed to meet all requirements of its 
General Permit as required by its National Pollutant Discharge 
Elimination System (NPDES) permit for one facility. EPA, as authorized 
by CWA section 311(b)(6), 33 U.S.C. 1321(b)(6), and CWA section 309(g), 
33 U.S.C. 1319(g) 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), and CWA section 309(g)(4)(A), 33 U.S.C. 1319(g)(4)(A), 
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 October 29, 2001.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2001-006, 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, at the address noted above. 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

    Standard Steel, a Division of Freedom Forge Corporation, an iron 
and steel minimill incorporated in the State of Delaware, located at 
500 North Walnut Street, Burnham, Pennsylvania 17009, and at 107 
Gertrude Street, Latrobe, Pennsylvania 15650, disclosed, pursuant to 
the EPA ``Incentives for Self-Policing: Discovery, Disclosures, 
Correction and Prevention of Violations'' (``Audit Policy''), 65 FR 
19618 (April 11, 2000), that they failed to prepare complete SPCC plans 
for two facilities where they stored oil and oil products in above 
ground storage tanks, in violation of the CWA section 311(b)(3) and 40 
CFR part 112. Standard Steel disclosed that it had not completed and 
maintained at the facility the certification form contained in appendix 
C to 40 CFR 112.20(e) and failed to have secondary containment, in 
violation of the CWA section 311(b)(3) and 40 CFR part 112. Standard 
Steel disclosed that they had failed to meet all requirements of their 
NPDES General Permit, specifically the requirements to conduct an 
annual site storm water compliance evaluation, to update documents 
relating to the facility's method to control storm water discharges, to 
update the emergency coordinator list, and to maintain a discharge 
certification and authorization to commit resources, at one facility in 
violation of CWA sections 301(a), and 402(a) and (p) and 40 CFR part 
122.
    EPA determined that Standard Steel 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

[[Page 49380]]

($137,500) and proposed a settlement penalty amount of one thousand, 
eight hundred and forty-five ($1,845). This is the amount of the 
economic benefit gained by Standard Steel, attributable to its delayed 
compliance with the SPCC regulations and NPDES General Permit 
conditions. Standard Steel has agreed to pay this amount in civil 
penalties. EPA and Standard Steel negotiated and signed an 
administrative consent agreement, following the Consolidated Rules of 
Procedure, 40 CFR 22.13, on September 12, 2001, (In Re: Standard Steel, 
a Division of Freedom Forge, Docket No. CWA-HQ-2001-6022). This consent 
agreement is subject to public notice and comment under CWA section 
311(b)(6), 33 U.S.C. 1321(b)(6) and CWA section 309(g)(4)(A), 33 U.S.C. 
1319(g)(4)(A).
    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.
    Under CWA section 309(g)(1)(A), 33 U.S.C. 1319 (g)(1)(A), any 
person found in violation of any permit condition or limitation 
implementing any of such sections in a permit issued under the CWA 
section 402(a), 33 U.S.C. 1342(a), or the CWA section 301(a), 33 U.S.C. 
1311(a), may be assessed an administrative civil penalty of up to 
$137,500 by EPA. Class II proceedings under CWA section 309(g)(1)(A) 
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 October 29, 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) and CWA section 309(g)(4)(A), 
EPA will not issue an order in this proceeding prior to the close of 
the public comment period.

    Dated: September 19, 2001.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 01-24211 Filed 9-26-01; 8:45 am]
BILLING CODE 6560-50-P