[Federal Register Volume 64, Number 156 (Friday, August 13, 1999)]
[Notices]
[Page 44221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20999]
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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
