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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6455-8 ; CWA-HQ-99-006]

Clean Water Act Class II: Proposed Administrative Settlement,

Penalty Assessment and Opportunity To Comment Regarding Paging Network

Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Paging Network

Inc. (``PageNet'') to resolve violations of the Clean Water Act

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

a Spill Prevention Control and Countermeasure (``SPCC'') plan for two

facilities where it 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-1999-007, 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 (2248-3A), 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

PageNet, 14911 Quorum Drive, Dallas, Texas 75240, pursuant to the

EPA ``Incentives for Self-Policing: Discovery, Disclosures, Correction

and Prevention of Violations' (``Audit Policy''), 60 FR 66706 (December

22, 1995), disclosed to EPA that it failed to prepare SPCC plans for

two facilities where it 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 PageNet 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 ($15,090) and proposed a

settlement penalty amount one thousand, seven hundred and ninety-four

dollars ($1,794). This is the amount of the economic benefit gained by

PageNet, attributable to its delayed compliance with the SPCC

regulations. PageNet has agreed to pay this amount in civil penalties.

EPA and PageNet negotiated and signed an administrative consent

agreement, following the Consolidated Rules of Procedure, 40 CFR 22.13,

on October 6, 1999 (In Re: Paging Network, Inc., Docket No. CWA-HQ-99-

006). 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 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. 99-26668 Filed 10-12-99; 8:45 am]

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