[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Notices]
[Page 57966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28855]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7104-6]


Proposed Assessment of Clean Water Act Class II Administrative 
Penalty and Opportunity To Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA is providing notice of a proposed administrative penalty 
for an alleged violation of the Clean Water Act by Chevron U.S.A., Inc. 
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 Chevron U.S.A., Inc. (Chevron) Spill Violations, 
Docket No. OPA-9-2001-0001, filed September 28, 2001; EPA has proposed 
penalty of $65,000; for a violation of the Clean Water Act's 
prohibition on discharges of oil into waters of the United States at 
the Jet A fuel pipeline at Chevron's Honolulu Terminal in Honolulu 
Harbor, Honolulu, Hawaii.
    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 Danielle 
Carr, Regional Hearing Clerk (RC-1), U.S. EPA, Region 9, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 972-3871. 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: November 6, 2001.
Jane Diamond,
Acting Director, Superfund Division, Region IX.
[FR Doc. 01-28855 Filed 11-16-01; 8:45 am]
BILLING CODE 6560-50-P