Oil Pollution Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding the Kansas Department of Transportation

[Federal Register Volume 64, Number 77 (Thursday, April 22, 1999)]
[Notices]
[Page 19781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9999]



[[Page 19781]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6329-7]


Oil Pollution Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding the Kansas Department 
of Transportation

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment regarding the Kansas Department of 
Transportation.

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SUMMARY: EPA is providing notice of opportunity to comment on the 
proposed assessment of an administrative penalty against the Kansas 
Department of Transportation Under 33 U.S.C. 1321(b)(6), EPA is 
authorized to issue orders assessing administrative penalties for 
violations of the Act. EPA may issue such orders after filing a 
Complaint commencing a Class II penalty proceeding. EPA provides public 
notice of the proposed assessment pursuant to 33 U.S.C. 1321(b)(6)(C).
    Class II proceedings are conducted under EPA's Consolidated Rules 
of Practice Governing the Administrative Assessment of Civil Penalties 
and the Revocation or Suspension of Permits, 40 CFR part 22. The 
procedures by which the public may submit written comments on a 
proposed Class II order or participate in a Class II proceeding, and 
the procedures by which a respondent may request a hearing, are set 
forth in the Consolidated Rules. The deadline for submitting public 
comment on a proposed Class II order is thirty (30) days after issuance 
of public notice.
    On September 29, 1998, EPA commenced the following Class II 
proceeding for the assessment of penalties by filing with the Regional 
Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 726 
Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-7630, the 
following complaint: In the Matter of the Kansas Department of 
Transportation; EPA Docket No. VII-98-W-0042.
    The Complaint proposed a penalty of Fifty-Eight Thousand Four 
Hundred Dollars ($58,400) for the discharge of emulsified asphalt to 
waters of the U.S. and failure to timely prepare a Spill Prevention, 
Control, and Counter-measure Plan, in violation of sections 311 of the 
Clean Water Act. EPA proposes to issue a final penalty of Twenty-Nine 
Thousand Dollars ($29,000).

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

    Dated: April 13, 1998.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 99-9999 Filed 4-21-99; 8:45 am]
BILLING CODE 6560-50-M