[Federal Register: April 22, 1999 (Volume 64, Number 77)] [Notices] [Page 19780] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22ap99-71] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-6329-6] Oil Pollution Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding GTE Midwest, Inc. AGENCY: Environmental Protection Agency (``EPA''). ACTION: Notice of proposed administrative penalty assessment and opportunity to comment regarding GTE Midwest, Inc. ----------------------------------------------------------------------- SUMMARY: EPA is providing notice of opportunity to comment on the proposed assessment of an administrative penalty against GTE Midwest, Inc. 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 C.F.R. 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 March 31, 1999, 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 GTE Midwest incorporated; EPA Docket No, VII-99-0010. The Complaint proposes a penalty of Nineteen Thousand Seven Hundred and Thirty Dollar ($19,730) for the discharge of diesel fuel to waters of the U.S. and failure to timely prepare a Spill Prevention, Control, and Countermeasure Plan, in violation of sections 311 of the Clean Water Act. 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 GTE Midwest, Inc. 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 8, 1999. Dennis Grams, Regional Administrator, Region 7. [FR Doc. 99-9998 Filed 4-21-99; 8:45 am] BILLING CODE 6560-50-M