Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding OXY USA, Inc., Tulsa, OK

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5926-8]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity to Comment Regarding OXY USA, Inc., Tulsa,

OK

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

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding OXY USA, Inc., Tulsa, Oklahoma.

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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 25, 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, OXY USA, Inc., Tulsa, Oklahoma; EPCRA Docket

No. VII-97-W-0036.

The Complaint proposes a penalty of Twelve Thousand Dollars

($12,000) for the discharges of hazardous substances 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 the Regional Hearing Clerk identified above.

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 OXY USA, Inc. is available as part of the administrative

record, subject to provisions of law restricting public disclosure of

confidential information.

Dated: November 14, 1997.

Dennis Grams,

Regional Administrator.

[FR Doc. 97-30817 Filed 11-21-97; 8:45 am]

BILLING CODE 6560-50-M