Public Notices

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION III
The Office of Enforcement, Compliance and Environmental Justice
1650 Arch Street
Philadelphia, Pennsylvania 19103-2029

EPA Region III today offers for public comment the issuance of an Administrative Complaint against The General Ship Repair Corporation and General Ship Repair Company Inc., (“Respondents”) for violations of the Clean Water Act, (“CWA”) Section 402, 33 U.S.C. § 1342, and the Oil Pollution Prevention regulations, 40 C.F.R. Part 112, issued under Section 311 of the CWA, 33 U.S.C. § 1321.

The Respondents' facility is located at 1449 Key Highway, Baltimore, MD, (“Facility”)

Summary: The Facility is a ship, tug and barge repair facility.  The Facility has the capacity to store greater than 1,320 gallons of oil in six above ground storage tanks and approximately thirteen to twenty 55 gallon drums. The Facility is subject to the Oil Pollution Prevention Regulations, which includes Spill Prevention, Control and Countermeasures, (“SPCC”), requirements.  One of the violations documented in the complaint pertains to the Facility’s failure to develop and implement an SPCC plan.  The proposed penalty for this first violation is $20,029.00.  The Facility also has a General Permit For Discharges From Marinas, (“Permit”), under Section 402 of the CWA, which contains certain terms and conditions, including the requirement that Respondents develop a Storm Water Pollution Prevention Plan, (“SWPPP”), with certain minimum contents listed in the Permit.  The second violation documented in the complaint pertains to the Facility’s failure to develop and implement an SWPPP that complies with its Permit.  The proposed penalty for this second violation is $100,000.00.

EPA solicits public comment: Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within thirty (30) days of the date of this public notice.  All comments received within this thirty-day period will be considered in the formulation of the final order.  All comments must include the name, address, and telephone number of the author and concise statement of the basis for any comment and any relevant facts on which it is based.  All comments should be addressed to:

Availability of Information: Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk identified above.

Register of interested persons: Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.                     

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION III
Hazardous Site Cleanup Division
1650 Arch Street
Philadelphia, Pennsylvania 19103-2029

In accordance with Section 311(b)(6)(C) of the Clean Water Act, as amended, ("CWA"), 33 U.S.C. § 1321(b)(6)(C), notice is hereby given that the U.S. Environmental Protection Agency ("EPA") is proposing an administrative civil penalty against the Respondent named below:.

Respondent: Frame & Leany Resources, Elkview, WV

Summary: The Respondent is alleged to have violated section 311 of the CWA, 33 U.S.C. § 1321(b)(3), prohibiting the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines in quantities that have been determined may be harmful to the public health or welfare or the environment of the United States.  The Respondent is alleged to have violated these regulations, by discharging oil into the navigable waters of the United States as the result of a leak in a pipeline in Elkview, Kanawha County, WV on November 7, 2007.

In addition, the Respondent failed to prepare, certify and implement an SPCC Plan in violation of 40 C.F.R. § 112.3;  failed to implement requirements pertaining to Inspections, Tests, and Records in violation of 40 C.F.R. § 112.7(f); failed to implement requirements pertaining to Personnel Training and Discharge Prevention Procedures in violation of 40 C.F.R. § 112.7(f); failed to implement requirements pertaining to Oil Production Facilities in violation of 40 C.F.R. § 112.9(b)(1); and failed to implement a Flow Line Maintenance Program and failure to address salt water disposal in violation of 40 C.F.R. § 112.9(d)(2)(3). As a result of the above, EPA proposes to assess a Class II administrative civil penalty of $46,922.81 pursuant to Section 311(b)(6) of the CWA, 33 U.S.C. § 1321(b)(6).

EPA solicits public comment: Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within thirty (30) days of the date of this public notice.  All comments received within this thirty-day period will be considered in the formulation of the final order.  All comments must include the name, address, and telephone number of the writer and concise statement of the basis for any comment and any relevant facts on which it is based.  All comments should be addressed to:

Availability of Information: Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk identified above.

Register of interested persons: Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.