Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding Glacier Petroleum, Inc., Emporia, KS

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5926-9]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding Glacier Petroleum,

Inc., Emporia, KS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding Glacier Petroleum, Inc., Emporia,

Kansas.

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SUMMARY: EPA is providing notice of opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1321(b)(6), 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 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

public notice.

On September 26, 1997, EPA commenced the following Class II

proceeding 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, Glacier Petroleum, Inc. Emporia, Kansas; CWA

Docket No. VII-97-W-0053.

[[Page 62608]]

The Complaint proposes a penalty of Thirty-five Thousand Nine

Hundred Five Dollars ($35,905) for the discharge of crude oil into or

upon the navigable waters of the United States or adjoining shorelines

in violation of Section 311(b)(3) of the Clean Water Act.

DATES: In order to provide opportunity for public comment, EPA will

issue no final order assessing a penalty in this proceeding prior to

December 24, 1997.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of

EPA's Consolidated Rules, review the Complaint 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 Glacier Petroleum, Inc. is available as part of the

administrative record, subject to provisions of law restricting public

disclosure of confidential information.

Dated: November 13, 1997.

Dennis Grams,

Regional Administrator.

[FR Doc. 97-30815 Filed 11-21-97; 8:45 am]

BILLING CODE 6560-50-M