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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6469-6]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty and Opportunity To Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: 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

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

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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 notice of the following proposed Class

II penalty proceeding initiated by the Superfund Division, U.S. EPA,

Region 9, 75 Hawthorne Street, San Francisco, CA 94105:

In the Matter of Paramount Petroleum Corporation, Inc. and Eott

Energy Operating Limited Partnership, Docket No. OPA-09-99-0002, filed

September 30, 1999; proposed penalty $137,500; for violations of the

Oil Pollution Prevention Regulations (40 CFR part 112) at the asphalt

storage, processing and distribution facility located in Flagstaff, AZ.

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 (RC-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 document.

Dated: September 22, 1999.

Michael Feeley,

Acting Director, Superfund Division, Region IX.

[FR Doc. 99-28886 Filed 11-3-99; 8:45 am]

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