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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-28886

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** November 4, 1999
- **Citation:** 64 FR 60204

## Text

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

[[Page 60205]]

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]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-28886. Public record. Not legal advice.