Notice of Proposed Assessment of Clean Water Act Class I Administrative Penalty to Black Mesa Pipeline, Inc. and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5685-6]

Notice of Proposed Assessment of Clean Water Act Class I

Administrative Penalty to Black Mesa Pipeline, Inc. and Opportunity To

Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty and opportunity to

comment.

-----------------------------------------------------------------------

SUMMARY: EPA is providing notice of a proposed administrative penalty

assessment for alleged violations of the Clean Water Act. EPA is also

providing notice of opportunity to comment on the proposed assessment.

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

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

issue such orders after the commencement of either a Class I or Class

II penalty proceeding. EPA provides public notice of the proposed

assessment pursuant to 33 U.S.C. 1319(g)(4)(a).

Class I proceedings under section 309(g) are conducted in

accordance with the proposed ``Consolidated Rules of Practice Governing

the Administrative Assessment of Class I Civil Penalties Under the

Clean Water Act'' (``Part 28''), published at 56 FR 29,996 (July 1,

1991). The procedures through which the public may submit written

comment on a proposed Class I order or participate in a Class I

proceeding, and the procedures by which a Respondent may request a

hearing, are set forth in the proposed Consolidated Rules. The deadline

for submitting public comment on a proposed Class I order is thirty

days after publication of this notice.

On the date identified below, EPA commenced the following Class I

proceeding for the assessment of penalties:

In the Matter of Black Mesa Pipeline, Inc., Tulsa, OK, Docket

No. CWA-309-IX-FY96-16; filed on January 24, 1996 with Mr. Steven

Armsey, Regional Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne

Street, San Francisco, California 94105, (415) 744-1389; proposed

penalty of $11,600, for discharges of pollutants from the Black Mesa

Coal Slurry Pipeline to waters of the U.S. in Mohave County, Arizona

without authorization of a valid NPDES permit. EPA and Black Mesa

Pipeline, Inc. have agreed to a proposed Consent Agreement in which

Black Mesa Pipeline, Inc. shall pay the civil penalty of $11,600.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's

proposed Consolidated Rules, review the complaint or other documents

filed in this proceeding, comment upon the proposed assessment, or

otherwise participate in the proceeding should contact the Regional

Hearing Clerk identified above. The administrative record for this

proceeding is located in the EPA Regional Office identified above, and

the file will be open for public inspection during normal business

hours. All information submitted by the respondent 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

a penalty in these proceedings prior to thirty (30) days after the date

of publication of this notice.

Dated: January 28, 1997.

Karen Schwinn,

Acting Director, Water Division.

[FR Doc. 97-2997 Filed 2-5-97; 8:45 am]

BILLING CODE 6560-50-P