Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding Cellco Partnership and Its Affiliates Doing Business as Bell Atlantic Mobile or Cellular One

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6232-4; CWA-HQ-99-003]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding Cellco Partnership and

Its Affiliates Doing Business as Bell Atlantic Mobile or Cellular One

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has filed a civil administrative complaint against Cellco

Partnership and its affiliates doing business as Bell Atlantic Mobile

or Cellular One (``Cellco'') for failure to prepare a Spill Prevention

Control and Countermeasure (``SPCC'') plan for 13 facilities where it

stored diesel oil in above ground tanks in violation of the Clean Water

Act (``CWA'') and its implementing regulations. EPA, under CWA section

311, has assessed a civil penalty and provided notice to Cellco of its

right to request a hearing. The Administrator, as required by CWA

section 311, is providing public notice and opportunity for interested

persons to comment on the complaint and the proposed final order.

DATES: Comments on this proposed order are due on or before March 12,

1999.

ADDRESSES: Mail written comments to Enforcement & Compliance Docket and

Information Center (2201A), Docket Number EC-1999-004, Office of

Enforcement and Compliance Assurance, U.S. Environmental Protection

Agency, 401 M St., SW., Washington, DC 20460. In person, deliver

comments to Enforcement & Compliance Docket Information Center, U.S.

Environmental Protection Agency, Rm. 4033, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington, DC. Comments may also be submitted

electronically to: [email protected] Comments may be submitted on

disk in WordPerfect 8.0 or earlier version. Electronic comments on the

complaint and the proposed order may be filed online at many Federal

Depository Libraries.

The complaint, consent agreement, the proposed final order and

public comments, if any, may be reviewed at the Enforcement &

Compliance Docket Information Center, U.S. Environmental Protection

Agency, Rm. 4033, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW.,

Washington, DC. Persons interested in reviewing these materials must

make advance arrangements to do so by calling 202-564-2614. A

reasonable fee may be charged by EPA for copying docket materials.

The public record of the administrative enforcement proceeding is

located in the Office of the EPA Headquarters Hearing Clerk, Ms. Bessie

Hammiel, Rm. C-400, 401 M St., SW., Washington, DC, Monday through

Friday, excluding legal holidays from 8 a.m. to 4:30 p.m.; telephone

(202) 260-4865.

FOR FURTHER INFORMATION CONTACT: Mr. Philip Milton, Multimedia

Enforcement Division (2248-A), U.S. Environmental Protection Agency,

401 M St., SW., Washington, DC 20460; telephone (202) 564-2235; fax

(202) 564-0010; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Availability: 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

Cellco Partnership and its Affiliates doing business as Bell

Atlantic Mobile or Cellular One (``Cellco''), 180 Washington Valley

Road, Bedminster, New Jersey 07921, self-disclosed to EPA that it had

failed to prepare Spill Prevention Control and Countermeasure

(``SPCC'') plans for 13 facilities where it stored diesel oil in above

ground storage tanks, in violation of the CWA and 40 CFR part 112. The

disclosure was made pursuant to the EPA ``Incentives for Self-Policing:

Discovery, Disclosures, Correction and Prevention of Violations''

(``Audit Policy''), 60 FR 66706 (December 22, 1995). EPA filed an

administrative civil complaint against Cellco on February 5, 1999 (In

the Matter of Cellco Partnership and its Affiliates doing business as

Bell Atlantic Mobile or Cellular One, Docket No. CWA-HQ-99-003). The

CWA administrative penalty proposed in the complaint is $129,068. EPA

intends to settle this action under the Audit Policy. Using the

criteria set forth in the policy, EPA intends to waive any gravity

based penalty and to assess a penalty equivalent to the economic

benefit gained by the Respondent because of delayed compliance with the

SPCC regulations. The proposed settlement figure for this matter is

$21,680. This settlement is subject to public notice and comment under

CWA section 311, 33 U.S.C. 1321.

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 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 administratively assessed a 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 submit written comments on

the complaint and on a proposed Class II penalty order or participate

in a Class II penalty proceeding are set forth in 40 CFR 22.38. The

deadline for submitting public comment on this proposed Class II order

is March 12, 1999. All comments will be transferred to the

Environmental Appeals Board (``EAB'') of EPA for consideration and/or

incorporation into the final order. The powers and duties of the EAB

are outlined in 40 CFR 22.04(a).

In order to provide an opportunity for public comment, EPA will not

take final action in this proceeding prior to the close of the public

comment period.

List of Subjects

Environmental protection.

Dated: February 5, 1999.

Melissa P. Marshall,

Director, Multimedia Enforcement Division, Office of Enforcement and

Compliance Assurance.

[FR Doc. 99-3409 Filed 2-9-99; 8:45 am]

BILLING CODE 6560-50-P