Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding the Bell Atlantic Companies

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6456-1; CWA-HQ-99-009]

Clean Water Act Class II: Proposed Administrative Settlement,

Penalty Assessment and Opportunity To Comment Regarding the Bell

Atlantic Companies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with the Bell

Atlantic Companies (``BAC'') to resolve violations of the Clean Water

Act (``CWA''), and its implementing regulations. BAC failed to prepare

Spill Prevention Control and Countermeasure (``SPCC'') plans for seven

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 12, 1999.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket

and Information Center (2201A), Docket Number EC-1999-011, 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: Davis Jones, Multimedia Enforcement

Division (2248-A), 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

The following Bell Atlantic Companies failed to prepare SPCC plans:

Bell Atlantic-Pennsylvania, Inc., a telecommunications company

incorporated in the State of Pennsylvania and located at 1717 Arch

Street, Philadelphia, PA 19103; Telesector Resources Group, Inc., a

telecommunications company incorporated in the State of Delaware and

located at 1095 Avenue of the Americas, New York, NY 10036; Bell

Atlantic Yellow Pages Company, a company incorporated in the State of

Delaware and located at 35 Village Road, Middleton, MA 01949; and Bell

Atlantic Global Networks, Inc. and BA Video Services Company both

telecommunications companies incorporated in the State of Delaware and

located at 1320 N. Court House Road, Arlington, VA 22201. The Bell

Atlantic Companies 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 seven 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 the BAC

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 ($17,850) and proposed a settlement penalty amount four

thousand, eight hundred and eighty-two dollars ($4,882). This is the

amount of the economic benefit gained by the BAC, attributable to their

delayed compliance with the SPCC regulations. The Bell Atlantic

Companies have agreed to pay this amount in civil penalties. EPA and

BAC negotiated and signed an administrative consent agreement,

following the Consolidated Rules of Procedure, 40 CFR 22.13, on October

6, 1999 (In Re: The Bell Atlantic Companies, Docket No. CWA-HQ-99-009).

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

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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. 99-26660 Filed 10-12-99; 8:45 am]

BILLING CODE 6560-50-P