Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to Phelps Dodge Morenci, Inc. and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5093-9]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty to Phelps Dodge Morenci, Inc. and Opportunity To

Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposal of a Clean Water Act Class II Administrative Penalty

and Notice of Public Comment Period.

-----------------------------------------------------------------------

SUMMARY: Pursuant to 33 U.S.C. 1319(g), EPA is authorized to issue

orders assessing civil penalties for various violations of the Act. EPA

may issue such orders after the commencement of either a Class I or

Class II penalty proceeding. EPA provides public notice of the proposed

assessment pursuant to 33 U.S.C. 1319(g)(4)(a).

Class II proceedings are conducted under EPA's Consolidated Rules

of Practice Governing the Administrative Assessment of Civil Penalties

and the Revocation and Suspension of Permits, 40 CFR part 22. The

procedures through which the public may submit written comment on a

proposed Class II order or participate in a Class II proceeding, and

the procedures by which a Respondent may request a hearing, are set

forth in the Consolidated Rules. The deadline for submitting public

comment on a proposed Class II order is thirty days after publication

of this notice.

On the date identified below, EPA commenced the following Class II

proceeding for the assessment of penalties:

In the Matter of Phelps Dodge Morenci, Inc. (Morenci Mining),

Morenci, Greenlee County, AZ 85540, Docket No. CWA-IX-FY94-34; filed on

September 28, 1994 with Steven Armsey, Regional Hearing Clerk, USEPA,

Region 9, 75 Hawthorne Street, San Francisco, California 94105, (415)

744-1389; proposed penalty of $60,000, for discharges of pollutants in

violation of an NPDES permit.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of

EPA's Consolidated Rules, review the complaint or other documents filed

in this proceeding, comment upon a proposed assessment, or otherwise

participate in the proceeding should contact the Regional Hearing Clerk

identified above. The administrative record for this proceeding is

located in the EPA Regional Office identified above, and the file will

be open for public inspection during normal business hours. All

information submitted by the respondent is available as part of the

administrative record, subject to provisions of law restricting public

disclosure of confidential information.

Dated: September 28, 1994.

Alexis Strauss,

Acting Director, Water Management Division.

[FR Doc. 94-25867 Filed 10-18-94; 8:45 am]

BILLING CODE 6560-50-F