[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Notices]
[Pages 57605-57606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24574]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6876-3; MM-HQ-2000-0004]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with NEXTLINK 
Communications, Inc. and its subsidiaries to resolve violations of the 
Clean Water Act (``CWA''), and its implementing regulations. NEXTLINK 
failed to prepare Spill Prevention Control and Countermeasure 
(``SPCC'') plans for eleven 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 October 25, 2000.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2000-008, 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 <a href="/cdn-cgi/l/email-protection#11757e727a74653f7e747270517461703f767e67"><span class="__cf_email__" data-cfemail="94f0fbf7fff1e0bafbf1f7f5d4f1e4f5baf3fbe2">[email protected]</span></a>. 
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

[[Page 57606]]

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: <a href="/cdn-cgi/l/email-protection#8cefedfaede0e5e9fea2eee9f8e4cce9fceda2ebe3fa"><span class="__cf_email__" data-cfemail="83e0e2f5e2efeae6f1ade1e6f7ebc3e6f3e2ade4ecf5">[email protected]</span></a>.

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

    NEXTLINK Communications, Inc., a telecommunications company 
incorporated in the State of Delaware and located at 1505 Farm Credit 
Drive, McLean, Virginia 22102, failed to prepare SPCC plans for eleven 
facilities. NEXTLINK Communications, Inc. disclosed, pursuant to the 
EPA's ``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 
eleven 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 NEXTLINK 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 ($43,856.30) and proposed 
a settlement penalty amount of three thousand, six hundred and three 
($3,603.00). This is the amount of the economic benefit gained by 
NEXTLINK, attributable to their delayed compliance with the SPCC 
regulations. NEXTLINK Communications, Inc. has agreed to pay this 
amount in civil penalties. EPA and NEXTLINK negotiated and signed an 
administrative consent agreement, following the Consolidated Rules of 
Procedure, 40 CFR 22.13, on September 7, 2000 (In Re: NEXTLINK 
Communications, Inc., Docket No. MM-HQ-2000-0004). 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 October 25, 2000. 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: September 18, 2000.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 00-24574 Filed 9-22-00; 8:45 am]
BILLING CODE 6560-50-U


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