[Federal Register Volume 67, Number 132 (Wednesday, July 10, 2002)]
[Notices]
[Pages 45727-45728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17310]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7244-2; CWA-HQ-2002-6002; EPCRA-HQ-2002-6002; RCRA-HQ-2002-6002;
CAA-HQ-2002-6002]
Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Dobson Cellular
Systems, Inc. and American Cellular Corporation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: EPA has entered into a consent agreement with Dobson Cellular
Systems, Inc. and American Cellular Corporation (``Respondents'') to
resolve violations of the Clean Water Act (``CWA''), Emergency Planning
and Community Right-to-Know Act (``EPCRA''), Resource Conservation and
Recovery Act (``RCRA''), and Clean Air Act (``CAA'') and their
implementing regulations.
The Administrator is hereby providing public notice of this consent
agreement and proposed final order, and providing an opportunity for
interested persons to comment on the CWA portions of this consent
agreement, in accordance with CWA section 311(b)(6)(C), 33 U.S.C.
1321(b)(6)(C).
Respondents failed to prepare Spill Prevention Control and
Countermeasure (``SPCC'') plans for four 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.
Respondents failed to file an emergency planning notification with
the State Emergency Response Commission (``SERC'') and to provide the
name of an emergency contact to the Local Emergency Planning Committee
(``LEPC'') for eleven facilities. Respondents failed to submit Material
Safety Data Sheets (``MSDS'') or a list of chemicals to the LEPC, the
SERC, and the fire department with jurisdiction over each facility for
twenty-three facilities in violation of EPCRA section 311, 42 U.S.C.
11021. For twenty-three facilities, Respondents failed to submit an
Emergency and Hazardous Chemical Inventory form to the LEPC, the SERC,
and the fire department with jurisdiction over each facility in
violation of EPCRA section 312, 42 U.S.C. 11022. EPA, as authorized by
EPCRA section 325, 42 U.S.C. 11045, has assessed a civil penalty for
these violations.
Respondents failed to notify the implementing agency of the
existence of an Underground Storage Tank (``UST'') at four facilities
in violation of RCRA section 9002(a)(1), 42 U.S.C. 6991a(a)(1). At four
facilities, Respondents failed to comply with UST system upgrade
requirements in violation of RCRA section 9003, 42 U.S.C. 6991b.
Respondents failed to notify the implementing agency of closure at one
facility in violation of RCRA section 9003, 42 U.S.C. 6991b. EPA, as
authorized by RCRA section 9006, 42 U.S.C. 6991e, has assessed a civil
penalty for these violations.
Respondents failed to obtain the appropriate operating permits or
exemptions at three facilities in violation of CAA section 110, 42
U.S.C. 7410, and various state implementation plan (``SIP'')
requirements for emergency generators. EPA, as authorized by CAA
section 113(d)(1), 42 U.S.C. 7413(d)(1), has assessed a civil penalty
for these violations.
DATES: Comments are due on or before August 9, 2002.
ADDRESSES: Mail written comments to the Enforcement & Compliance Docket
and Information Center (2201A), Docket Number EC-2002-019, 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 9.0 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].
[[Page 45728]]
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 202-564-2444. 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: [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
Dobson Cellular Systems, Inc., a telecommunications company
incorporated in the State of Oklahoma and American Cellular
Corporation, a telecommunications company incorporated in the State of
Delaware, disclosed, pursuant to the EPA ``Incentives for Self-
Policing: Discovery, Disclosures, Correction and Prevention of
Violations'' (``Audit Policy''), 65 FR 19618 (April 11, 2000), that
they failed to prepare SPCC plans for four 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. Respondents disclosed that for
eleven facilities they had failed to file emergency planning
notifications with the SERC and failed to provide the name of an
emergency contact to the LEPC, in violation of EPCRA sections 302-303,
42 U.S.C. 11002-11003. Respondents further disclosed that for twenty-
three facilities they had failed to submit MSDSs or a list of chemicals
to the LEPC, SERC, and the fire departments with jurisdiction over the
facilities, in violation of EPCRA section 311, 42 U.S.C. 11021; and
that for twenty-three facilities had failed to submit an Emergency and
Hazardous Chemical Inventory to the LEPC, SERC, and fire departments
with jurisdiction over the facilities, in violation of EPCRA section
312, 42 U.S.C. 11022. Respondents disclosed that for four facilities
they had failed to notify the implementing agency of the existence of
UST systems, in violations of RCRA section 9002, 42 U.S.C. 6991a
Respondents disclosed that for four facilities they had failed to
notify the implementing agency of the existence of an UST in violation
of RCRA section 9002(a)(1), 42 U.S.C. 6991a(a)(1). Respondents
disclosed that at four facilities they had failed to comply with UST
system upgrade requirements in violation of RCRA section 9003, 42
U.S.C. 6991b. Respondents disclosed that for one facility they had
failed to notify the implementing agency of closure in violation of
RCRA section 9003, 42 U.S.C. 6991b. Respondents disclosed that for
three facilities they had failed to obtain operating permits or
exemptions in violation of CAA section 110, 42 U.S.C. 7410, and various
SIP requirements for emergency generators.
EPA determined that Respondents 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 ($677,735) and
proposed a settlement penalty amount of nine thousand, eight hundred
and forty-three dollars ($9,843). Of this amount, $7,319 is
attributable to the EPCRA violations; $1,309 is attributable to the
RCRA violations; $1,062 is attributable to the CWA violations; and $153
is attributable to CAA violations. This is the amount of the economic
benefit gained by Respondents, attributable to their delayed compliance
with the CWA, EPCRA, RCRA, and CAA regulations. Respondents have agreed
to pay this amount. EPA and Respondents negotiated and reached an
administrative consent agreement, following the Consolidated Rules of
Practice, 40 CFR 22.13(b), on July 2, 2002 (In Re: Dobson Cellular
Systems, Inc. and American Cellular Corporation Docket Nos. CWA--HQ-
2002-6002, EPCRA-HQ-2002-6002, RCRA-HQ-2002-6002, CAA-HQ-2002-6002).
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 a Class II 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 August 9, 2002. 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 22.4(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: July 3, 2002.
Rosemarie A. Kelley,
Acting Director, Multimedia Enforcement Division, , Office of
Enforcement and Compliance Assurance.
[FR Doc. 02-17310 Filed 7-9-02; 8:45 am]
BILLING CODE 6560-50-P