[Federal Register Volume 63, Number 229 (Monday, November 30, 1998)]
[Notices]
[Pages 65791-65792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31802]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6189-6]


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 
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. 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

[[Page 65792]]

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 Kinder Morgan Energy Partners, LP/Santa Fe Pacific 
Pipeline Partners, LP (Santa Fe); Docket Number OPA-09-98-01, filed 
September 29, 1998; proposed penalty $50,000.00; for a violation of 
311(b) of the Clean Water Act, 33 U.S.C. 1321(b), at Santa Fe's 
pipeline Rockin, California to Sparks, Nevada 5 miles west of Highway 
80 near Donner Summit, 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 (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 25, 1998.
Michael T. Feeley,
Deputy Director, Superfund Division, Region IX.
[FR Doc. 98-31802 Filed 11-27-98; 8:45 am]
BILLING CODE 6560-50-M