Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty and Opportunity to Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6421-23]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty and Opportunity to Comment

EPA is providing notice of a proposed administrative penalty for

alleged violations of the Clean Water Act. EPA is also providing notice

of opportunity to comment on the proposed penalty.

EPA is authorized under Section 311(b)(6) of the Clean Water Act,

33 U.S.C. 1321(b)(6), to assess a civil penalty after providing the

person subject to the penalty notice of the proposed penalty and the

opportunity for a hearing, and after providing interested persons

public notice of the proposed penalty and a reasonable opportunity to

comment on its issuance. Under Section 311(b)(6), any owner, operator,

or person in charge of a vessel, onshore facility, or offshore facility

from which oil is discharged in violation of Section 311(b)(3) of the

Clean Water Act, 33 U.S.C. 1321(b)(3) may be administratively assessed

a civil penalty of up to $137,500 by EPA in a ``Class II''

administrative penalty proceeding. In addition, under Section

311(b)(6), any owner, operator, or person in charge of a vessel,

onshore facility, or offshore facility in violation of the regulations

issued under Section 311(j) of the Clean Water Act, 33 U.S.C. 1321(j),

(``Oil Pollution Prevention Regulations''--40 CFR part 112) may be

assessed a civil penalty of up to $137,500 by EPA in a ``Class II''

administrative penalty proceeding. Class II proceedings under Section

311(b)(6) of the Clean Water Act are conducted in accordance with the

``Consolidated Rules of Practice Governing the Administrative

Assessment of Civil Penalties and the Revocation and Suspension of

Permits at 40 CFR Part 22 (``Part 22'')''.

Pursuant to Section 311(b)(6)(C) of the Clean Water Act, 33 U.S.C.

1321(b)(6)(C), EPA is providing public notice of the following proposed

Class II penalty proceeding initiated by the Oil Program, Superfund

Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA

94105:

In the Matter of Union Pacific Railroad Company (UPRR); Docket

Number OPA-09-99-01, filed July 21, 1999; proposed penalty $125,000.00;

for a violations of 311(b) and 311(j) of the Clean Water Act, 33 U.S.C.

1321(b) and 33 U.S.C. 1321(j), at UPRR's Norden Snowshed located at

Milemarker 192.0, Roseville Subdivision in Norden, California.

The procedures by which the public may submit written comments on a

proposed Class II penalty order or participate in a Class II penalty

proceeding are set forth in Part 22. The deadline for submitting public

comment on a proposed Class II order is thirty days after issuance of

public notice.

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

Part 22, review the Complaint or other documents filed by the parties

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

participate in any hearing that may be held, should contact the

Danielle Carr, Regional Hearing Clerk (ORC-1), U.S. EPA, Region 9, 75

Hawthorne Street, San Francisco, CA 94105, (415) 744-1391. Documents

filed as part of the public record in this proceeding are available for

inspection during business hours at the office of the Regional Hearing

Clerk.

In order to provide opportunity for public comment, EPA will not

take final action in this proceeding prior to thirty days after

issuance of this notice.

Dated: July 20, 1999.

Keith A. Takata,

Director, Superfund Division, EPA Region 9.

[FR Doc. 99-20999 Filed 8-12-99; 8:45 am]

BILLING CODE 6560-50-P