[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Notices]
[Page 56191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28550]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-5]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding American Commercial 
Marine Service Company, Jeffersonville, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding American Commercial Marine Service 
Company, Jeffersonville, Indiana.

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SUMMARY: The EPA is providing notice of a proposed administrative 
penalty assessment for alleged violations of the Clean Water Act (Act). 
The EPA is also providing notice of opportunity to comment on the 
proposed assessment.
    Under 33 U.S.C. 1319(g), EPA is authorized to issue orders 
assessing civil penalties for various violations of the Act. The EPA 
may issue such orders after filing a Complaint commencing either a 
Class I or Class II penalty proceeding. The EPA provides the public 
notice of the proposed assessment pursuant to 33 U.S.C. 1319(g)(4)(A).
    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 this 
public document.
    On September 30, 1997, EPA commenced the following Class II 
proceeding for the assessment of penalties by filing with Venessa 
Cobbs, Regional Hearing Clerk, U.S. Environmental Protection Agency, 
Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-
7630, the following two Complaints: In the Matter of American 
Commercial Marine Service Company, Jeffersonville, Indiana, EPA Docket 
Nos. VII-97-W-0054 and VII-97-W-0055.
    The Complaints proposed penalties of Zero Dollars ($0) for failure 
to obtain a National Pollutant Discharge Elimination System (NPDES) 
permit for the discharge of pollutants into navigable water of the 
United States in violation of section 301(a) of the Clean Water Act.
    Under the EPA's final policy statement on Incentives for Self-
Policing: Discovery, Disclosure, Correction and Prevention of 
Violations (60 FR 66706 et seq., December 22, 1995). companies who 
voluntarily self-disclose violations of statutes may be eligible for a 
reduction of penalties. American Commercial Marine Service Company has 
voluntary self-disclosed violations in satisfaction of the terms of the 
EPA's final policy and penalties have been reduced to Zero ($0).

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
EPA's Consolidated Rules, review the Complaints, or other documents 
filed in this proceeding, Comment upon the proposed penalty assessment, 
or otherwise participate in the proceeding should contact Venessa 
Cobbs, Regional Hearing Clerk, at (913) 551-7630.
    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 American Commercial Marine Service Company, 
Jeffersonville, Indiana, is available as part of the administrative 
record, subject to provisions of law restricting public disclosure of 
confidential information. In order to provide opportunity for public 
comment, EPA will issue no final order assessing penalties in these 
proceedings prior to thirty (30) days from the date of this document.

    Dated: October 17, 1997.
William Rice,
Acting Regional Administrator.
[FR Doc. 97-28550 Filed 10-28-97; 8:45 am]
BILLING CODE 6560-50-M