Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity to Comment Regarding Kansas City Power & Light Company, LaCygne, Kansas

ENVIRONMENTAL PROTECTION AGENCY

[FRL 5635-1]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity to Comment Regarding Kansas City Power &

Light Company, LaCygne, Kansas

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding Kansas City Power & Light Company,

LaCygne, Kansas.

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SUMMARY: EPA is providing notice of opportunity to comment on the

proposed assessment.

Under 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 filing a Complaint commencing 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 or Suspension of Permits, 40 CFR part 22. The

procedures by 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 (30) days after issuance of

public notice.

On September 4, 1996, EPA commenced the following Class II

proceeding for the assessment of penalties by filing with the Regional

Hearing Clerk, U.S. Environmental Protection Agency, Region VII, 726

Minnesota Avenue, Kansas City, Kansas 66101, (913) 551-7630, the

following Complaint:

In the Matter of Kansas City Power & Light Company, LaCygne,

Kansas, CWA Docket No. VII-96-W-0001.

The Complaint proposes a penalty of Six Thousand Dollars ($6,000)

for the discharge of 797 lube oil into or upon LaCygne Lake and its

adjoining shorelines, on or about July 2, 1995, without a permit issued

under Section 402 of the Clean Water Act, in violation of Section 301

of the Clean Water Act.

FOR FURTHER INFORMATION: Persons wishing to receive a copy of EPA's

Consolidated Rules, review the Complaint or other documents filed in

this proceeding, comment upon the proposed penalty assessment, or

otherwise participate in the proceeding should contact the Regional

Hearing Clerk identified above.

The administrative record for the proceeding is located in the EPA

Regional Office at the address stated above, and the file will be open

for public inspection during normal business hours. All information

submitted by Kansas City Power & Light Company is available as part of

the administrative record, subject to provisions of law restricting

public disclosure of confidential information. In order to provide

opportunity for public comment, EPA will issue no final order assessing

a penalty in this proceeding prior to thirty (30) days from the date of

this notice.

Dated: September 27, 1996.

William Rice,

Acting Regional Administrator.

[FR Doc. 96-26189 Filed 10-16-96; 8:45 am]

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