[Federal Register: February 28, 2001 (Volume 66, Number 40)]
[Notices]
[Page 12790-12791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe01-60]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6943-6; MM-HQ-2001-0015]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Broadwing
Communications Services Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with Broadwing
Communications Services Inc. to resolve violations of the Clean Water
Act (``CWA''), and its implementing regulations. Broadwing failed to
prepare Spill Prevention Control and Countermeasure (``SPCC'') plans
for thirty-six 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 March 30, 2001.
ADDRESSES: Mail written comments to the Enforcement & Compliance Docket
and Information Center (2201A), Docket Number EC-2001-003, 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
Broadwing Communications Services Inc., a telecommunications
company incorporated in the State of Delaware and located at 201 E.
Fourth Street (102-700), Cincinnati, Ohio 45202 failed to prepare SPCC
plans for thirty-six facilities. Broadwing Communications Services Inc.
disclosed, pursuant to the EPA ``Incentives for Self-Policing:
Discovery, Disclosures, Correction and Prevention of Violations''
(``Audit Policy''), 60 FR 66,706 (December 22, 1995), that they failed
to prepare SPCC plans for thirty-six 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
[[Page 12791]]
that Broadwing 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 ($137,500) and proposed a settlement penalty
amount of eight thousand, one hundred and eight ($8,108). This is the
amount of the economic benefit gained by Broadwing, attributable to
their delayed compliance with the SPCC regulations. Broadwing
Communications Services Inc. has agreed to pay this amount in civil
penalties. EPA and Broadwing negotiated and signed an administrative
consent agreement, following the Consolidated Rules of Procedure, 40
CFR section 22.13, on January 30, 2001 (In Re: Broadwing Communications
Services Inc., Docket No. MM-HQ-2001-0015). This consent agreement is
subject to public notice and comment under CWA section 311(b)(6), 33
U.S.C. section 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 March 30, 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.
List of Subjects
Environmental protection.
Dated: February 5, 2001.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. 01-4878 Filed 2-27-01; 8:45 am]
BILLING CODE 6560-50-P