[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Notices]
[Pages 63582-63583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27256]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6890-7]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding AT&T Broadband, 
LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with AT&T Broadband, 
LLC to resolve violations of the Clean Water Act (``CWA''), and its 
implementing regulations. AT&T Broadband, LLC failed to prepare Spill 
Prevention Control and Countermeasure (``SPCC'') plans for eight 
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 24, 2000.

ADDRESSES: Mail written comments to the Enforcement & Compliance Docket 
and Information Center (2201A), Docket Number EC-2000-012, 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#90f4fff3fbf5e4befff5f3f1d0f5e0f1bef7ffe6"><span class="__cf_email__" data-cfemail="87e3e8e4ece2f3a9e8e2e4e6c7e2f7e6a9e0e8f1">[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 reasonable 
fee may be charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Philip Milton, Multimedia Enforcement 
Division (2248-A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
5029; fax: (202) 564-0010; e-mail: <a href="/cdn-cgi/l/email-protection#224f4b4e564d4c0c524a4b4e4b52624752430c454d54"><span class="__cf_email__" data-cfemail="05686c69716a6b2b756d6c696c75456075642b626a73">[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

    AT&T Broadband, LLC, a telecommunications company incorporated in 
the State of Delaware and located at 188 Inverness Drive West, 
Englewood, Colorado 80112-5211 failed to prepare SPCC plans for eight 
facilities. AT&T Broadband, LLC 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 eight facilities 
where they stored diesel oil in above ground storage tanks, in 
violation

[[Page 63583]]

of the CWA section 311(b)(3) and 40 CFR part 112. EPA determined that 
AT&T Broadband, LLC 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 ($80,437) and proposed a settlement 
penalty amount of sixteen thousand, four hundred and ninety-five 
dollars ($16,495). This is the amount of the economic benefit gained by 
AT&T Broadband, LLC, attributable to their delayed compliance with the 
SPCC regulations. AT&T Broadband, LLC has agreed to pay this amount in 
civil penalties. EPA and AT&T Broadband, LLC negotiated and signed an 
administrative consent agreement, following the Consolidated Rules of 
Procedure, 40 CFR 22.13, on October 18, 2000 (In Re: AT&T Broadband, 
LLC, Docket No. MM-HQ-2001-0001). 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 November 24, 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.

    Dated: October 18, 2000.
David A. Nielsen,
Director, Multimedia Enforcement Division, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 00-27256 Filed 10-23-00; 8:45 am]
BILLING CODE 6560-50-U


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