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GTE Corporation; Proposed Clean Water Act Class II Administrative Complaint Assessment

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: October 20, 1997 (Volume 62, Number 202)]
[Notices]
[Page 54455-54456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc97-66]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5752-3; CWA-97-H-001]


GTE Corporation; Proposed Clean Water Act Class II Administrative
Complaint Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has filed a civil administrative complaint against GTE
Corporation (GTE) for failure to prepare Spill Prevention
Countermeasure and Control (SPCC) plans for 89 facilities where it
stored diesel oil, 88 with above ground and one with below ground
tanks, in violation of the Clean Water Act (CWA) and its implementing
regulations. EPA under CWA section 311 has assessed a civil penalty and
provided GTE notice of the proposed issuance of an order assessing a
penalty and an opportunity for a hearing. The Administrator, as
required by CWA section 311, is providing public notice and reasonable
opportunity to interested persons to comment on the proposed issuance
of the order.

DATES: Comments on this proposed order are due on or before November
19, 1997.

ADDRESSES: Mail written comments to Ms. Angela DeVore, Multimedia
Enforcement Division (2248-A), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. In person, deliver comments to Ms.
Angela DeVore, Multimedia Enforcement Division, Environmental
Protection Agency, Rm. 3117, Ariel Rios Bldg., 1200 Pennsylvania Ave.,
NW., Washington, DC.
    Comments may also be submitted electronically to:
devore.angela@epamail.epa.gov. Follow the instructions under Unit II.
of this document.
    The public record for the proceeding is located in the Office of
the EPA Headquarters Hearing Clerk, Ms. Bessie Hammiel, Rm. C-400, 401
M St., SW., Washington, DC, Monday through Friday, excluding legal
holidays from 8 a.m. to 4:30 p.m.; telephone (202) 260-4865.
FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of
40 CFR Part 22--Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties and the Revocation or
Suspension of Permits, to review the complaint or other documents filed
by the parties in this proceeding, comment upon the proposed penalty
assessment, or participate in any hearing that may be held, should
contact Ms. Angela DeVore, Multimedia Enforcement Division (2248-A),
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460;
telephone (202) 564-2235; fax (202) 564-9001; e-mail:
devore.angela@epamail.epa.gov.
    For technical information contact: Gerard C. Kraus, Multimedia
Enforcement Division, Office of Enforcement and Compliance Assurance,
at (202) 564-6047.

SUPPLEMENTARY INFORMATION:
    Electronic Availability: Electronic copies of this document are
available from the EPA Home Page at the Federal Register--Environmental
Documents entry for this document under ``Laws and Regulations''
(http://www.epa.gov/fedrgstr/).

I. Background

    GTE, One Stamford Forum, Stamford, CT 06904, self-disclosed to EPA
that it had failed to prepare SPCC plans for 89 facilities where it
stored diesel oil, 88 with above ground and one with below ground
tanks, in violation of the CWA and 40 CFR part 112. The disclosures
were made pursuant to the EPA ``Incentives for Self-Policing:
Discovery, Disclosures, Correction and Prevention of Violations''
(``the Audit Policy'') (60 FR 66706, December 22, 1995). EPA filed an
administrative civil complaint against GTE on September 29, 1997 (in
re: GTE Corporation, CWA-97-H-001). The administrative penalty proposed
in the complaint is the statutory maximum, $125,000. EPA intends to
settle this action under the Audit Policy. Using the criteria set forth
in the policy, EPA intends to waive any gravity based penalty and
collect economic benefit enjoyed by the Respondent because of delayed
compliance with the SPCC regulations. The proposed settlement figure
for this matter is $16,708. This settlement is subject to public notice
and comment under CWA section 311 (33 U.S.C. 1321).
    Under CWA section 311(b)(6) (33 U.S.C. 1321(b)(6)), any owner,
operator, or person in charge of a vessel, onshore facility, or
offshore facility from which oil is discharged in violation of 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 administratively assessed a civil
penalty of up to $125,000 by EPA. Class II proceedings under CWA
section 311(b)(6) are conducted in accordance with 40 CFR part 22
rules.
    The procedures by which the public may submit written comments on a

[[Page 54456]]

proposed Class II penalty order or participate in a Class II penalty
proceeding are set forth in 40 CFR part 22. The deadline for submitting
public comment on a proposed Class II order is November 19, 1997. All
comments will be transferred to the Environmental Appeals Board of EPA
for consideration and/or incorporation into the final order.
    In order to provide opportunity for public comment, EPA will not
take final action in this proceeding prior to the close of the public
comment period.

II. Public Record and Electronic Submissions

    The public record for this proceeding (including comments submitted
electronically as described below) has been established. A public
version of this record, including printed, paper versions of electronic
comments is located in the Office of the EPA Headquarters Hearing
Clerk, Ms. Bessie Hammiel, Rm. C-400, 401 M St., SW., Washington, DC,
Monday through Friday, excluding legal holidays from 8 a.m. to 4:30
p.m.; telephone (202) 260-4865.
    Comments may be submitted on disk in WordPerfect 5.1/6.1.
Electronic comments on this proposed order may be filed online at many
Federal Depository Libraries.

List of Subjects

    Environmental protection.

    Dated: October 15, 1997.

Melissa P. Marshall,
Director, Multimedia Enforcement Division, Office of Enforcement and
Compliance Assurance.

[FR Doc. 97-27726 Filed 10-17-97; 8:45 am]
BILLING CODE 6560-50-F

 
 

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