[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Notices]
[Pages 52135-52136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25741]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7081-8 ; CWA-HQ-2001-6001; EPCRA-HQ-2001-6001; CAA-HQ-2001-6001]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On June 8, 2001, EPA published in the Federal Register, (66 FR 
30923) information concerning a proposed settlement with WorldCom, Inc. 
(``WorldCom'') The purpose of this correction is to provide additional 
information about this settlement and to offer interested parties the 
opportunity to comment on all aspects of this consent agreement and 
proposed final order. EPA has entered into a consent agreement with 
WorldCom to resolve violations of the Clean Water Act (``CWA''), Clean 
Air Act (``CAA''), and Emergency Planning and Community Right-to-Know 
Act (``EPCRA'') and their implementing regulations.
    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. EPA is also providing public notice 
of, and opportunity for interested parties to comment on, the CAA and 
EPCRA portions of this consent agreement.
    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. WorldCom failed to obtain the appropriate 
operating permits or exemptions at one hundred and six facilities in 
violation of CAA section 110, 42 U.S.C. 7410, and various state 
implementation plan (``SIP'') requirements for emergency generators. 
EPA, as authorized by CAA section 113(d)(1), 42 U.S.C. 7413(d)(1), has 
assessed a civil penalty for these violations. WorldCom failed to file 
an emergency planning notification with the State Emergency Response 
Commission (``SERC'') and to provide the name of an emergency contact 
to the Local Emergency Planning Committee (``LEPC''). WorldCom failed 
to submit Material Safety Data Sheets (``MSDS'') or a list of chemicals 
to the LEPC, the SERC, and the fire department with jurisdiction over 
each facility for three hundred and ninety-four facilities in violation 
of EPCRA section 311, 42 U.S.C. 11021. At the same facilities, WorldCom 
failed to submit and Emergency and Hazardous Chemical Inventory form to 
the LEPC, the SERC, and the fire department with jurisdiction over each 
facility in violation of EPCRA section 312, 42 U.S.C. 11022. EPA, as 
authorized by EPCRA section 325, 42 U.S.C. 11045, has assessed a civil 
penalty for these violations.

DATES: Comments are due on or before November 13, 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, N.W., Washington, D.C. 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, 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 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. WorldCom disclosed that 
for one hundred and six facilities they had failed to obtain operating 
permits or exemptions in violation of CAA section 110, 42 U.S.C. 7410, 
and various SIP requirements for emergency generators. WorldCom 
disclosed that at three hundred and ninety-four facilities they had: 
(1) Failed to file emergency planning notifications with the SERC and 
failed to provide the name of an emergency contact to the LEPC, in 
violation of EPCRA sections 302-303, 42 U.S.C. 7413(a)(1); (2) failed 
to submit MSDS' or a list of chemicals to the LEPC, SERC, and the fire 
departments with jurisdiction over the facilities, in violation of 
EPCRA section 311, 42 U.S.C. 11021; and (3) failed to submit an 
Emergency and Hazardous Chemical Inventory to the LEPC, SERC, and fire 
departments with jurisdiction over the facilities, in violation of 
EPCRA section 312, 42 U.S.C. 11022.
    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 ($3,888,207) and proposed 
a settlement penalty amount of one hundred and forty-three thousand, 
five hundred and twenty dollars ($143,520). This is the amount of the 
economic benefit gained by WorldCom, attributable to their delayed 
compliance with the SPCC, CAA and EPCRA regulations. WorldCom, Inc. has 
agreed to pay this amount. EPA and WorldCom negotiated and signed an 
administrative consent

[[Page 52136]]

agreement, following the Consolidated Rules of Practice, 40 CFR section 
22.13(b), 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. section 1321(b)(6). EPA 
is expanding this opportunity for public comment to all other aspects 
of this consent agreement.
    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 CAA section 113(d), the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated an applicable implementation plan or any other requirement 
of the Act, including any rule, order, waiver, permit or plan. 
Proceedings under CAA section 113(d) are conducted in accordance with 
40 CFR Part 22.
    Under EPCRA section 325, the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated applicable emergency planning or right to know 
requirements, or any other requirement of the Act. Proceedings under 
EPCRA section 325 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 13, 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 22.4(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, 2001.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 01-25741 Filed 10-11-01; 8:45 am]
BILLING CODE 6560-50-P