Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding: Kaw Pipe Line Company, Russell, KS

ENVIRONMENTAL PROTECTION AGENCY

[FRL 5015-5]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding: Kaw Pipe Line Company,

Russell, KS

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

ACTION: Notice of Proposed Administrative Penalty Assessment and

Opportunity to Comment regarding Kaw Pipe Line Company, Russell,

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 Section 311 of the Clean Water Act, 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 25, 1994, EPA 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 Kaw Pipe Line Company, Russell, Kansas, Docket No.

VII-94-W-0002.

The Complaint proposes a penalty of $125,000 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 Kaw Pipe Line Company, Russell, 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. 94-17560 Filed 7-18-94; 8:45 am]

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