[Federal Register: April 6, 2001 (Volume 66, Number 67)]
[Notices]
[Page 18252-18253]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap01-53]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6963-8; MM-HQ-2001-0017]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity to Comment Regarding XO
Communications, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with XO
Communications, Inc. to resolve violations of the Clean Water Act
(``CWA''), and its implementing regulations. XO failed to prepare Spill
Prevention Control and Countermeasure (``SPCC'') plans for three (3)
facilities where they stored diesel oil in above ground tanks. EPA, as
authorized by
[[Page 18253]]
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 May 7, 2001.
ADDRESSES: Mail written comments to the Enforcement & Compliance Docket
and Information Center (2201A), Docket Number EC-2001-004, 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 docket.oeca@epa.gov.
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, NW., Washington, DC 20460; telephone (202) 564-
3271; fax: (202) 564-9001; e-mail: cavalier.beth@epa.gov.
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
XO Communications, Inc., a telecommunications company incorporated
in the State of Delaware and located at 11111 Sunset Hills Road,
Reston, Virginia 20190, failed to prepare SPCC plans for three
facilities. XO Communications, Inc. 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 three 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 XO 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 ($12,000) and proposed a settlement
penalty amount of two hundred and twenty-two ($222). This is the amount
of the economic benefit gained by XO, attributable to their delayed
compliance with the SPCC regulations. XO Communications, Inc. has
agreed to pay this amount in civil penalties. EPA and XO negotiated and
signed an administrative consent agreement, following the Consolidated
Rules of Procedure, 40 CFR 22.13, on March 19, 2001 (In Re: XO
Communications, Inc., Docket No. MM-HQ-2001-0017). 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 May 7, 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 22.04(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.
Dated: March 26, 2001.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. 01-8495 Filed 4-5-01; 8:45 am]
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