Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Western Wireless Corporation and VoiceStream Wireless Corporation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6455-9; CWA-HQ-99-007]

Clean Water Act Class II: Proposed Administrative Settlement,

Penalty Assessment and Opportunity To Comment Regarding Western

Wireless Corporation and VoiceStream Wireless Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Western Wireless

Corporation (``Western Wireless'') and VoiceStream Wireless Corporation

(``VoiceStream Wireless'') to resolve violations of the Clean Water Act

(``CWA''), and its implementing regulations. Western Wireless and

VoiceStream Wireless failed to prepare Spill Prevention Control and

Countermeasure (``SPCC'') plans for four 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-1999-010, 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: Philip Milton, 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

Western Wireless and VoiceStream Wireless, both located at 3650

131st Avenue, S.E., Suite 400, Bellevue, Washington 98006, 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 four 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 Western Wireless and VoiceStream

Wireless 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 ($30,525) and proposed a settlement penalty

amount one thousand, five hundred and ninety-three dollars ($1,593).

This is the amount of the economic benefit gained by Western Wireless

and VoiceStream Wireless, attributable to their delayed compliance with

the SPCC regulations. Western Wireless and VoiceStream Wireless have

agreed to pay this amount in civil penalties. EPA and Western Wireless

and VoiceStream Wireless negotiated and signed an administrative

consent agreement, following the Consolidated Rules of Procedure, 40

CFR. 22.13, on October 6, 1999 (In Re: Western Wireless and VoiceStream

Wireless, Docket No. CWA-HQ-99-007). 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),

[[Page 55478]]

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 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. 99-26667 Filed 10-12-99; 8:45 am]

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