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. THREE D OIL COMPANY, INC. FACILITY: THREE D OIL TERMINAL 1915 NORTH HIGHWAY 135 KILGORE, GREGG COUNTY, TEXAS 7562 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) BYPASS VALVE NOT NORMALLY SEALED CLOSED, AND 2) RUN- OFF RAIN WATER NOT INSPECTED AND/OR WILL CAUSE A HARMFUL DISCHARGE. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $600 FOR THE VIOLA- TIONS CITED.