1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. TEXANA OPERATING COMPANY, A TEXAS CORPORATION 17510 RED OAK DRIVE, SUITE 201 HOUSTON, HARRIS COUNTY, TEXAS 77090 FACILITY: MERCHANT A LEASE, RRC 02327, LIBERTY COUNTY, TEXAS. 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR ITS MERCHANT FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $9,800.