EPA has entered into a consent agreement with NEXTLINK Communications, Inc. and its subsidiaries to resolve violations of the Clean Water Act ("CWA"), and its implementing regulations. NEXTLINK failed to prepare Spill Prevention Control and Countermeasure ("SPCC") plans for eleven facilities where they stored diesel oil in above ground tanks. NEXTLINK Communications, Inc. disclosed, pursuant to the EPA's 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 these facilities, in violation of the CWA section 311(b)(3) and 40 CFR Part 112. EPA determined that NEXTLINK 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 ($43,856.30) and proposed a settlement penalty amount of three thousand, six hundred and three ($3,603.00). This is the amount of the economic benefit gained by NEXTLINK, attributable to their delayed compliance with the SPCC regulations. NEXTLINK Communications, Inc. has agreed to pay this amount in civil penalties. EPA and NEXTLINK negotiated and signed an administrative consent agreement, following the Consolidated Rules of Procedure, 40 CFR 22.13 , on September 7, 2000 (In Re: NEXTLINK Communications, Inc., Docket No. MM-HQ-2000-0004). This consent agreement is subject to public notice and comment under CWA section 311(b)(6), 33 U.S.C. 1321(b)(6).

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