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. UNION PACIFIC RAILROAD COMPANY, A NEBRASKA CORPORATION 1517 WEST FRONT STREET (ST. LOUIS SOUTHWESTERN RAILWAY SHOPS) TYLER, SMITH COUNTY, TEXAS 75702 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(B)(3) OF THE CWA BY THE AUTHORIZED DISCHARGE OF 6,500 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON A TRIBUTARY TO BLACK FORK CREEK AND ADJOINING SHORELINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSED A CIVIL PENALTY OF $27,500 FOR THE VIO- LATION CITED.