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. TRANSMONTAIGNE PIPELINE INC. FACILITY: CETEX 4 GATHERING PIPELINE IN SMITH COUNTY, TEXAS 75701 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY DISCHARGING 75 BARRELS OF OIL FROM ITS FACILITY INTO OR UPON AN UNNAMED TRIBUTARY TO LAKE CLEAR AND AD- JOINING SHORELINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESED THE RESPONDENT A CIVIL PENALTY OF $4,500 FOR THE VIOLATION CITED.