Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding American Commercial Marine Service Company, Jeffersonville, Indiana

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-5]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding American Commercial

Marine Service Company, Jeffersonville, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding American Commercial Marine Service

Company, Jeffersonville, Indiana.

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SUMMARY: The EPA is providing notice of a proposed administrative

penalty assessment for alleged violations of the Clean Water Act (Act).

The EPA is also providing notice of opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1319(g), EPA is authorized to issue orders

assessing civil penalties for various violations of the Act. The EPA

may issue such orders after filing a Complaint commencing either a

Class I or Class II penalty proceeding. The EPA provides the public

notice of the proposed assessment pursuant to 33 U.S.C. 1319(g)(4)(A).

Class II proceedings are conducted under EPA's Consolidated Rules

of Practice Governing the Administrative Assessment of Civil Penalties

and the Revocation or 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, and the

procedures by which a respondent may request a hearing, are set forth

in the Consolidated Rules. The deadline for submitting public comment

on a proposed Class II order is thirty (30) days after issuance of this

public document.

On September 30, 1997, EPA commenced the following Class II

proceeding for the assessment of penalties by filing with Venessa

Cobbs, Regional Hearing Clerk, U.S. Environmental Protection Agency,

Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-

7630, the following two Complaints: In the Matter of American

Commercial Marine Service Company, Jeffersonville, Indiana, EPA Docket

Nos. VII-97-W-0054 and VII-97-W-0055.

The Complaints proposed penalties of Zero Dollars ($0) for failure

to obtain a National Pollutant Discharge Elimination System (NPDES)

permit for the discharge of pollutants into navigable water of the

United States in violation of section 301(a) of the Clean Water Act.

Under the EPA's final policy statement on Incentives for Self-

Policing: Discovery, Disclosure, Correction and Prevention of

Violations (60 FR 66706 et seq., December 22, 1995). companies who

voluntarily self-disclose violations of statutes may be eligible for a

reduction of penalties. American Commercial Marine Service Company has

voluntary self-disclosed violations in satisfaction of the terms of the

EPA's final policy and penalties have been reduced to Zero ($0).

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 assessment,

or otherwise participate in the proceeding should contact Venessa

Cobbs, Regional Hearing Clerk, at (913) 551-7630.

The administrative record for the proceeding is located in the EPA

Regional Office at the address stated above, and the file will be open

for public inspection during normal business hours. All information

submitted by American Commercial Marine Service Company,

Jeffersonville, Indiana, is available as part of the administrative

record, subject to provisions of law restricting public disclosure of

confidential information. In order to provide opportunity for public

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

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

Dated: October 17, 1997.

William Rice,

Acting Regional Administrator.

[FR Doc. 97-28550 Filed 10-28-97; 8:45 am]

BILLING CODE 6560-50-M