[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