[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Notices]
[Pages 12790-12791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4878]


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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 <a href="/cdn-cgi/l/email-protection#a8ccc7cbc3cddc86c7cdcbc9e8cdd8c986cfc7de"><span class="__cf_email__" data-cfemail="dcb8b3bfb7b9a8f2b3b9bfbd9cb9acbdf2bbb3aa">[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: 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#0c6f6d7a6d6065697e226e6978644c697c6d226b637a"><span class="__cf_email__" data-cfemail="2b484a5d4a47424e5905494e5f436b4e5b4a054c445d">[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

    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


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