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. DURAN OIL COMPANY, A COLORADO CORPORATION FACILITY: 700 WOODROW AVENUE RATON, COLFAX COUNTY, NEW MEXICO 87740-2154 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN BY (10 FAILING TO PROVIDE A MEANS OF SECONDARY CONTAINMENT FOR THE ENTIRE CONTENTS OF THE LARGEST TANK PLUS SUFFICIENT FREEBOARD TO ALLOW FOR PRECIPITATION AND FAILING TO PROVIDE SAFE ENGINEERING OF ABOVE GROUND STORAGE TANKS TO PREVENT SPILLS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311 (B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $27,500 FOR THE VIO- LATIONS CITED.