[Federal Register Volume 62, Number 25 (Thursday, February 6, 1997)]
[Notices]
[Page 5627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2997]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5685-6]


Notice of Proposed Assessment of Clean Water Act Class I 
Administrative Penalty to Black Mesa Pipeline, Inc. and Opportunity To 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty and opportunity to 
comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act. EPA is also 
providing notice of opportunity to comment on the proposed assessment.
    Pursuant to 33 U.S.C. 1319(g), EPA is authorized to issue orders 
assessing civil penalties for various violations of the Act. EPA may 
issue such orders after the commencement of either a Class I or Class 
II penalty proceeding. EPA provides public notice of the proposed 
assessment pursuant to 33 U.S.C. 1319(g)(4)(a).
    Class I proceedings under section 309(g) are conducted in 
accordance with the proposed ``Consolidated Rules of Practice Governing 
the Administrative Assessment of Class I Civil Penalties Under the 
Clean Water Act'' (``Part 28''), published at 56 FR 29,996 (July 1, 
1991). The procedures through which the public may submit written 
comment on a proposed Class I order or participate in a Class I 
proceeding, and the procedures by which a Respondent may request a 
hearing, are set forth in the proposed Consolidated Rules. The deadline 
for submitting public comment on a proposed Class I order is thirty 
days after publication of this notice.
    On the date identified below, EPA commenced the following Class I 
proceeding for the assessment of penalties:

    In the Matter of Black Mesa Pipeline, Inc., Tulsa, OK, Docket 
No. CWA-309-IX-FY96-16; filed on January 24, 1996 with Mr. Steven 
Armsey, Regional Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne 
Street, San Francisco, California 94105, (415) 744-1389; proposed 
penalty of $11,600, for discharges of pollutants from the Black Mesa 
Coal Slurry Pipeline to waters of the U.S. in Mohave County, Arizona 
without authorization of a valid NPDES permit. EPA and Black Mesa 
Pipeline, Inc. have agreed to a proposed Consent Agreement in which 
Black Mesa Pipeline, Inc. shall pay the civil penalty of $11,600.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's 
proposed Consolidated Rules, review the complaint or other documents 
filed in this proceeding, comment upon the proposed assessment, or 
otherwise participate in the proceeding should contact the Regional 
Hearing Clerk identified above. The administrative record for this 
proceeding is located in the EPA Regional Office identified above, and 
the file will be open for public inspection during normal business 
hours. All information submitted by the respondent 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 
a penalty in these proceedings prior to thirty (30) days after the date 
of publication of this notice.

    Dated: January 28, 1997.
Karen Schwinn,
Acting Director, Water Division.
[FR Doc. 97-2997 Filed 2-5-97; 8:45 am]
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