[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Notices]
[Page 65791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31801]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6189-5]


Proposed Administrative Penalty Assessment and Opportunity to 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Assessment of Clean Water Act Class II 
Administrative Penalty and opportunity to comment.

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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 
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 Speedy's Convenience, Inc., Docket No. OPA-09-98-
05, filed September 30, 1998; proposed penalty $137,500; for violations 
of the Oil Pollution Prevention Regulations (40 CFR Part 112) at the 
oil storage, processing and distribution facility located at Lupton, 
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 30, 1998.
Nancy Lindsay,
Associate Director, Superfund Division, Region IX.
[FR Doc. 98-31801 Filed 11-27-98; 8:45 am]
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