1. SECTION 311(B)(6)(B)(II) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(II), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. KOCH PIPELINE CO., LP, AN OKLAHOMA CORPORATION 1 MILE SOUTHWEST OF TRIBBEY (TRIBBEY STATION) TECUMSEH, POTTAWATOMIE COUNTY, OKLAHOMA 74873 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY DISCHARGING APPROXIMATELY 494 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON COON CREEK AND LITTLE RIVER AND ADJOINING SHORELINES IN POTAWATOMIE COUNTY, OKLAHOMA. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(II) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $44,000.