12790 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices

TABLE II. 26 NOTICES OF COMMENCEMENT FROM: 01/10/00 TO 01/26/01—Continued

Case No. Received Date Commencement/

Import Date Chemical

P–00–0818 01/10/01 11/21/00 (G) Fatty acids, unsatd., dimers, polymers with a,w-diisocyanate and whydroxyalkyl-imidazolidinone

P–00–0829 01/11/01 12/30/00 (G) Hindered amine light stabilizer

P–00–0949 01/22/01 01/15/01 (G) Alkoxy alkylmercaptan

P–00–1033 01/19/01 01/02/01 (G) Substituted-((4,5-dihydro-3-methyl-5-oxo-(substituted carbomonocyclic)-1hpyrazol-4-yl)azo)-benzenesulfonic acid, mixed metal salt

P–00–1037 01/12/01 12/21/00 (G) Acrylic dispersant polymer

P–00–1056 01/19/01 12/27/00 (G) Polyester resin

P–00–1077 01/19/01 12/27/00 (G) Ferric complex

P–00–1095 01/10/01 12/12/00 (G) Isocyanate terminated urethane polymer

P–00–1096 01/16/01 12/13/00 (G) Methacrylated aliphatic urethane

P–00–1103 01/19/01 01/09/01 (G) Aromatic isocyanate-polyester-polyether base urethane prepolymer with excess isocyanate

P–00–1115 01/12/01 12/13/00 (G) Acrylic dispersant polymer

P–00–1133 01/16/01 12/27/00 (G) Carboxy modified polyester

P–00–1192 01/18/01 12/28/00 (G) Toluene diisocyanate terminated polyether polyol

P–00–1218 01/24/01 01/16/01 (G) Aminosilanol polymer

P–00–1220 01/23/01 01/08/01 (G) Phenol-biphenyl polymer condensate

P–00–1226 01/16/01 01/10/01 (G) 1,7-naphthalenedisulfonic acid, 2-substitutedamino-5-hydroxy-6-[(4-methyl2-sulfophenyl)azo]-, salt

P–01–0026 01/22/01 01/10/01 (G) Acrylic polymer salt

P–01–0027 01/16/01 01/09/01 (G) Acid functional acrylic polymer

P–98–0867 01/24/01 01/06/01 (G) Sodium alcoholate

P–99–0780 01/16/01 12/13/00 (G) Carboxylated, acrylate vinyl ester copolymer

List of Subjects

Environmental protection, Chemicals,

Premanufacturer notices.

Dated: Feburary 8, 2001.

Deborah A. Williams,

Acting Director, Information Management

Division, Office of Pollution Prevention and

Toxics.

[FR Doc. 01–4880 Filed 2–27–01; 8:45 am]

BILLING CODE 6560–50–S

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.

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 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.

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

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 thirtysix 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 thirtysix 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

Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices 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

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6938–3]

State Program Requirements;

Approval of Application by Maine To

Administer the National Pollutant

Discharge Elimination System

(NPDES) Program; Maine

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; Final approval of the

Maine Pollutant Discharge Elimination

System under CWA.

SUMMARY: On January 12, 2001, the

Regional Administrator for the

Environmental Protection Agency,

Region I, approved the application by

the State of Maine to administer and

enforce the Maine Pollutant Discharge

Elimination System (MEPDES) Program,

for all areas within the State, other than

Indian country regarding which EPA

has not yet made a final decision about

the applicability of State law. The

authority to approve State programs is

provided to EPA in section 402(b) of the

Clean Water Act (CWA). The State will

administer the approved program

through its Department of

Environmental Protection (DEP), subject

to continuing EPA oversight and

enforcement authority, in place of the

National Pollutant Discharge

Elimination System (NPDES) program

previously administered by the EPA in

Maine. The program is a partial program

to the extent described in the section of

this Notice entitled ‘‘Scope of the

MEPDES Program.’’ In making its

decision, the EPA considered and

addressed all comments and issues

raised during the public comment

period, except for those relating to

jurisdiction over Indian country which

remain under review as described

below.

DATES: Pursuant to 40 CFR 123.61(c),

the MEPDES program was approved and

became effective on January 12, 2001.

ADDRESSES: Questions or requests for

additional information may be

submitted to: Stephen Silva, USEPA

Maine State Office, 1 Congress Street—

Suite 1100 (CME), Boston, MA 02114–

2023 or Dennis Merrill, MEDEP,

Statehouse Station #17, Augusta, ME

04333–0017.

Copies of documents Maine has

submitted in support of its program

approval and copies of the comments

received on this request may be

reviewed during normal business hours,

Monday through Friday, excluding

holidays, at: EPA Region I, 11th Floor

Library, 1 Congress Street—Suite 1100,

Boston, MA 02114–2023, 617–918–1990

or 1–888–372–5427; and MEDEP, Ray

Building, Hospital Street, Augusta, ME.

FOR FURTHER INFORMATION CONTACT:

Stephen Silva at the address listed

above or by calling (617) 918–1561 or

Dennis Merrill at the address listed

above or by calling (207) 287–7788. Part

of the State’s program submission and

supporting documentation is available

electronically at the following Internet

address: http://www.state.me.us/dep/

blwq/delegation/delegation.htm.

SUPPLEMENTARY INFORMATION: Maine’s

application was described in the

Federal Register (64 FR 73552) on

December 30, 1999 in which EPA

requested comments. Notices of Maine’s

application were published in the

Bangor Daily News, Lewiston Sun

Journal and Portland Press Herald

newspapers on January 12, 2000. A

public hearing on the application was

held on February 16, 2000 in Augusta,

ME. EPA extended the comment period

on June 28, 2000 (65 FR 3989) and

August 4, 2000 (65 FR 6845) through

August 21, 2000, solely for the purpose

of taking further comment on the Indian

law issues.

In response to public comments,

Maine submitted a revised

Memorandum of Agreement on April

25, 2000 and a Supplemental Attorney

General’s Statement on June 2, 2000. In

addition, by letter dated September 19,

2000, the EPA proposed revisions to

Attachment A to the Memorandum of

Agreement. By letter from DEP

Commissioner Martha Kirkpatrick dated

September 26, 2000, the State agreed to

the revisions.

A summary of those public comments

received which relate to the final action

EPA has taken on the portion of Maine’s

program outside Indian country and the

EPA’s responses to those comments are

discussed below in the section of this

Notice entitled ‘‘Responsiveness

Summary.’’ (In this notice the term

Indian country refers to the land and

territory reserved or taken into trust for

the federally recognized Maine Indian

tribes pursuant to the Maine Indian

Claims Settlement Act, 25 U.S.C. 1721

et seq., and the Aroostook Bank of

Micmacs Settlement Act, Public Law

102–171, Nov. 26, 1991, 105 Stat. 1143,

including any disputed areas as

discussed further in this document.)

The State and EPA agreed to extend

the CWA section 402(c)(1) deadline for

EPA to make a decision on the

application through September 26,

2000, pursuant to 40 CFR 123.21(d).

However, because of the many complex

issues that were raised with respect to

the State’s program and the need to