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[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Notices]
[Pages 63583-63584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27258]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6890-6]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Qwest 
Communications International, Inc., et. al to resolve violations of the 
Clean Water Act (``CWA''), and its implementing regulations. Qwest 
failed to prepare Spill Prevention Control and Countermeasure 
(``SPCC'') plans for thirty-five 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-2000-010, 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 [email protected]. 
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: [email protected].

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

    Qwest Communications International, Inc., a telecommunications 
company incorporated in the State of Delaware and located at 700 Qwest 
Tower, 555 Seventeenth Street, Denver, Colorado, 80202 failed to 
prepare SPCC plans for thirty-five facilities. Qwest Communications 
International, 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 thirty-five 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 Qwest 
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 ($146,175.00) and proposed a settlement penalty amount of 
sixteen thousand, four hundred and eighty-four ($16,484.00). This is 
the amount of the economic benefit gained by Qwest, attributable to 
their delayed compliance with the SPCC regulations. Qwest 
Communications International, Inc. has agreed to pay this amount in 
civil penalties. EPA and Qwest negotiated and signed an administrative 
consent agreement, following the Consolidated Rules of Procedure, 40 
CFR 22.13, on October 18, 2000 (In Re: Qwest Communications 
International, Inc. et. al, Docket No. MM-HQ-2001-002). 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

[[Page 63584]]

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. 00-27258 Filed 10-23-00; 8:45 am]
BILLING CODE 6560-50-P
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