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CNX Gas Company

NOTICE OF INTENT TO ASSESS ADMINISTRATIVE PENALTY
AND
OPPORTUNITY FOR PUBLIC COMMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY -- REGION III
1650 Arch Street
Philadelphia, Pennsylvania 19103

Date of Notice: May 26, 2011

Comment Period: Forty (40) days from date of publication – July 5, 2011

Action: Notice of Proposed Assessment of Clean Water Act Section 309(g) Class I Penalty and Opportunity to Comment

NOTICE. The U.S. Environmental Protection Agency (EPA), Region III, is hereby giving notice that it proposes to enter into a Consent Agreement and to issue a Final Order (jointly "CAFO"), which both commence and conclude the administrative action against CNX Gas Company, LLC, 1000 Consol Energy Drive, Canonsburg, Pennsylvania. The CAFO assesses an administrative penalty of twenty thousand dollars ($20,000) under Section 309(g) of the Clean Water Act, 33 U.S.C. Section 1319(g) for violation of Section 404 of the Clean Water Act. The following further identifies the case and should be included in any written comments submitted:

Name of Case:

In the Matter of CNX Gas Company
1000 Consol Energy Drive
Canonsburg, Pennsylvania 15317

Docket Number: CWA-03-2011-0167

Date Filed: May 26, 2011

Property Located At:

Mamont Pipeline
Approximately 2,000 feet east of Saltsburg Road and Greensburg Road,
Washington Township, Westmoreland County, Pennsylvania 15613

OPPORTUNITY FOR COMMENT. Section 309(g) of the Clean Water Act, 33 U.S.C. Section 1319(g) requires that interested persons be given notice of the proposed penalty and a reasonable opportunity to comment. Procedures by which the public may submit written comments or participate in the proceedings are described in the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits, (Consolidated Rules), 40 C.F.R. Part 22. The deadline for submission of written public comments is forty (40) days after issuance of the public notice. Comments should be made to:

Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

Pursuant to 40 C.F.R. Sections 22.13(b) and 22.18(b)(2), the CAFO simultaneously commences and concludes this proceeding. Pursuant to Section 22.45(b), EPA must notify the public no less than 40 days before the issuance of the CAFO.

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representatives to learn more about this action:

Stephanie Chin (chin.stephanie@epa.gov)
U.S. Environmental Protection Agency--Region III (3EA30)
1650 Arch Street
Philadelphia, PA 19103
215-814-2747

Nina Rivera (rivera.nina@epa.gov)
U.S. Environmental Protection Agency--Region III (3RC20)
1650 Arch Street
Philadelphia, PA 19103
215-814-2667

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