Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding: Texaco Trading and Transportation, Inc., El Dorado, KS

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5015-6]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding: Texaco Trading and

Transportation, Inc., El Dorado, KS

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of Proposed Administrative Penalty Assessment and

Opportunity to Comment regarding Texaco Trading and Transportation,

Inc., El Dorado, Kansas.

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SUMMARY: EPA is providing notice of proposed administrative penalty

assessment for alleged violations of the Federal Water Pollution

Control Act, commonly referred to as the ``Clean Water Act'', 33 U.S.C.

1251. EPA is also providing notice of opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1321, EPA is authorized to issue orders assessing

civil penalties for various violations of the Act. EPA may issue such

orders after filing a Complaint commencing either a Class I or Class II

penalty proceeding. EPA provides public notice of the proposed

assessment pursuant to 33 U.S.C. 1321(b)(6)(C).

Class II proceedings are conducted under EPA's Consolidated Rules

of Practice Governing the Administrative Assessment of Civil Penalties

and the Revocation and Suspension of Permits, 40 CFR Part 22. The

procedures by which the public may submit written comment on a proposed

Class II order or participate in a Class II proceeding are set forth at

40 CFR 22.38. The deadline for submitting public comment on a proposed

Class II order is thirty (30) days after issuance of public notice.

On May 23, 1994, Environmental Protection Agency commenced the

following Class II proceedings for the assessment of penalties by

filing with the Regional Hearing Clerk, U.S. Environmental Protection

Agency, Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101,

(913) 551-7630, the following Complaint:

In the Matter of Texaco Trading and Transportation, Inc., El Dorado,

Kansas, Docket No. VII-93-W-0003.

The Complaint proposes a penalty of $120,000 for the discharge of

oil under the authority of Section 311 of the Clean Water Act, 33

U.S.C. 1321.

FOR FURTHER INFORMATION CONTACT:

Persons wishing to receive a copy of EPA's Consolidated Rules, review

the Complaints or other documents filed in this proceeding, comment

upon the proposed penalty assessments, or otherwise participate in the

proceedings should contact the Regional Hearing Clerk identified above.

The administrative records for the proceedings are located in the

EPA Regional Office at the address stated above, and the files will be

open for public inspection during normal business hours. All

information submitted by Texaco Trading and Transportation, Inc., El

Dorado, Kansas is available as part of the administrative records,

subject to provisions of law restricting public disclosure of

confidential information. In order to provide opportunity for public

comment, EPA will issue no final orders assessing penalties in these

proceedings prior to thirty (30) days from the date of this notice.

Dated: June 29, 1994.

William Rice,

Acting Regional Administrator.

[FR Doc. 94-17558 Filed 7-18-94; 8:45 am]

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