Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices 61165

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6885–2]

Proposed Cercla Agreement and

Administrative Order by Consent for

Clean Up And Costs

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed CERCLA Agreement

and Administrative Order by Consent.

SUMMARY: EPA is proposing to execute

an Agreement and Administrative Order

by Consent (AOC) under sections 106(a)

and 122(h) of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA). The AOC requires

Potentially Responsible Parties (PRPs) to

conduct a clean up of the Ramona Park

Battery Casing Area Superfund Site and

reimburse the EPA Hazardous

Substances Superfund for all EPA costs

of overseeing the clean up (not to

exceed $400,000). As part of this

settlement, EPA will agree not to pursue

from these PRPs approximately

$286,836 in past response costs incurred

prior to May 14, 1998. It is this portion

of the settlement that EPA seeks public

comment. In exchange for completing

the work required and paying the

oversight costs, EPA will provide the

PRPs with a covenant not to sue and

contribution protection for all costs

associated with the Site. EPA is today

proposing to accept this agreement

because it forwards the Agency’s public

policy of protecting human health and

the environment and recovers a fair and

reasonable amount of costs incurred and

to be incurred by EPA.

DATES: Comments on the past response

cost component of this proposed

settlement must be received on or before

November 15, 2000.

ADDRESSES: Copies of the proposed

settlement are available at the following

address for review: (It is recommended

that you telephone Mr. Stuart Hill at

(312) 886–0689 before visiting the

Region 5 Office).

Mr. Stuart Hill, Community

Involvement Coordinator, Office of

Public Affairs, U.S. Environmental

Protection Agency, Region 5, 77 W.

Jackson Boulevard (P–19J), Chicago,

Illinois 60604 (312) 886–0689.

Comments on this proposed

settlement should be addressed to:

Mr. Stuart Hill, Community

Involvement Coordinator, Office of

Public Affairs, U.S. Environmental

Protection Agency, Region 5, 77 W.

Jackson Boulevard (P–19J), Chicago,

Illinois 60604, (312) 886–0689. (Please

submit an original and three copies, if

possible).

FOR FURTHER INFORMATION CONTACT: Mr.

Stuart Hill, Office of Public Affairs, at

(312) 886–0689.

SUPPLEMENTARY INFORMATION: The Site is

an approximately five and one-half acre

area located in a residential-recreational

area at 6255 Auburn Road in Utica,

Macomb County, Michigan. The Site is

situated in the flood plain of the Clinton

River and contains a significant quantity

of lead-acid battery casings. The PRPs

that have signed this AOC include the

current property owner and parties that

are alleged to have arranged for the

disposal of lead batteries through a lead

reclaiming operation which disposed of

the contaminated casings at the Site.

These PRPs are Ameritech Corporation

(Michigan Bell Telephone), Auburn

Supply Company, DaimlerChrysler

Corporation, Detroit Edison Company,

Exide Corporation, Ford Motor

Corporation, General Motors

Corporation, and NL Industries, Inc. A

federal government agency, the Defense

Logistics Agency, is also signing this

AOC, and is referred to in the AOC as

the Settling Federal Agency.

The proposed AOC requires the

Respondents to excavate, treat and

dispose off-site in appropriate landfills

all soil and other debris on-site

containing lead in concentrations of

equal to or greater than 400 parts per

million (ppm). Respondents will also

conduct post removal testing for lead

on-site to demonstrate that the removal

action achieved the clean-up goal.

Respondents will reimburse EPA for all

costs of overseeing the removal action

(since July 9, 1999) up to a cap of

$400,000. The Settling Federal Agency

will pay $50,000 to the Respondents for

use on the removal action and $50,000

to the Hazardous Substances Superfund

for future oversight costs. As part of the

settlement, EPA will not pursue its past

response costs (incurred prior to May

14, 1998) of $286,836.25 from the

Respondents or the Settling Federal

Agency.

William E. Muno,

Director, Superfund Division, Environmental

Protection Agency.

[FR Doc. 00–26507 Filed 10–13–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6885–9; MM–HQ–2000–0006]

Clean Water Act Class II: Proposed

Administrative Settlement, Penalty

Assessment and Opportunity To

Comment Regarding AirTouch

Communications, Inc.

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has entered into a

consent agreement with AirTouch

Communications, Inc. to resolve

violations of the Clean Water Act

(‘‘CWA’’), and its implementing

regulations. AirTouch failed to prepare

Spill Prevention Control and

Countermeasure (‘‘SPCC’’) plans for ten

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

November 15, 2000.

ADDRESSES: Mail written comments to

the Enforcement & Compliance Docket

and Information Center (2201A), Docket

Number EC–2000–009, 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.

61166 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Notices

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

AirTouch Communications, Inc., a

telecommunications company

incorporated in the State of Delaware

and located at One California Street, San

Francisco, California 94111 failed to

prepare SPCC plans for ten facilities.

AirTouch Communications, 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 ten

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

AirTouch 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 ($47,625.00) and proposed a

settlement penalty amount of fifty-two

thousand, six hundred and thirty-six

dollars ($52,636.00). This is the amount

of the economic benefit gained by

AirTouch, attributable to their delayed

compliance with the SPCC regulations.

AirTouch Communications, Inc. has

agreed to pay this amount in civil

penalties. EPA and AirTouch negotiated

and signed an administrative consent

agreement, following the Consolidated

Rules of Procedure, 40 CFR 22.13, on

September 28, 2000 (In Re: AirTouch

Communications, Inc., Docket No. MM–

HQ–2000–0006). 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

November 15, 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: October 3, 2000.

David A. Nielsen,

Director, Multimedia Enforcement Division,

Office of Enforcement and Compliance

Assurance.

[FR Doc. 00–26505 Filed 10–13–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6884–9]

Virginia State Prohibition on

Discharges of Vessel Sewage; Final

Affirmative Determination

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: Notification is hereby given

that the Regional Administrator,

Environmental Protection Agency (EPA)

Region III has affirmatively determined,

pursuant to section 312(f) of Public Law

92–500, as amended by Public Law 95–

217 and Public Law 100–4 (the Clean

Water Act), that adequate facilities for

the safe and sanitary removal and

treatment of sewage from all vessels are

reasonably available for the navigable

waters of Smith Mountain Lake,

Bedford, Franklin and Pittsylvania

Counties, Virginia.

FOR FURTHER INFORMATION CONTACT:

Edward Ambrogio, U.S. Environmental

Protection Agency, Region III, Office of

Ecological Assessment and

Management, 1650 Arch Street,

Philadelphia, PA 19103. Telephone:

(215) 814–2758. Fax: (215) 814–2782.

Email: ambrogio.edward@epa.gov.

SUPPLEMENTARY INFORMATION: This

petition was made by the Office of the

Secretary of Natural Resources on behalf

of the Virginia Department of

Environmental Quality (VADEQ). Upon

receipt of this affirmative determination,

Virginia will completely prohibit the

discharge of sewage, whether treated or

not, from any vessel in Smith Mountain

Lake in accordance with section

312(f)(3) of the Clean Water Act and 40

CFR 140.4(a). Notice of the Receipt of

Petition and Tentative Determination

was published in the Federal Register

on August 22, 2000 (65 FR 50988, Aug.

22, 2000). Comments on the tentative

determination were accepted during the

comment period which closed on

September 21, 2000. No comments were

received. The remainder of this Notice

summarizes the location of the no

discharge zone (NDZ), the available

pumpout facilities and related

information.

Smith Mountain Lake, named after

the mountain located at its southeastern

edge, is an inland reservoir located in

the Piedmont physiographic province of

west central Virginia. The lake is

situated in the Roanoke River Basin and

fed by two main tributaries, the Roanoke

River and the Blackwater River, as well

as other minor tributaries. It was formed

in 1965 after the completion of the

Smith Mountain Hydroelectric Dam by

Appalachian Power Company and

reached full pond in 1966. The lake is

approximately 20,000 acres in area,

forms 500 miles of shoreline, and is

bordered by the three counties of

Bedford, Franklin and Pittsylvania. It

flows into another large reservoir,

Leesville Lake. The two lakes form a

pumped storage facility for

hydroelectric power generation during

peak demand periods. Bedford County

has been using the lake as a drinking

water source since March 31, 1999. The

water treatment plant is now

withdrawing an annual average of

approximately 20,000 gallons per day.

The water intake for this facility is

located on the north side of the Roanoke

River arm of the lake, approximately

two miles east of the Hales Ford Bridge,

directly across the lake from Becky’s

Creek. The NDZ includes Smith

Mountain Lake, from Smith Mountain

Dam (Gap of Smith Mountain) upstream

to the 795.0 foot contour (normal pool

elevation) in all tributaries, including

waters to above the confluence with

Back Creek in the Roanoke River arm,

and to the Brooks Mill Bridge (Route

834) on the Blackwater River arm.

Information submitted by the

Commonwealth of Virginia states that

there are 17 waterfront facilities that

operate pumpout facilities in the Smith

Mountain Lake NDZ. Twelve of these 17

also provide dump stations, and there