Notice of Proposed Assessment of Clean Water Act Class II Administrative Penalty to Hy-Tech Plating Inc., and Opportunity To Comment

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5457-2]

Notice of Proposed Assessment of Clean Water Act Class II

Administrative Penalty to Hy-Tech Plating Inc., and Opportunity To

Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment.

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SUMMARY: EPA is providing notice of proposed administrative penalty

assessment for alleged violations of the Clean Water Act. EPA is also

providing notice of opportunity to comment on the proposed assessment.

Under 33 U.S.C. Section 1319(g), EPA is authorized to issue orders

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

issue these orders after the commencement of either a Class I or Class

II penalty proceeding. EPA provides public notice of the proposed

assessments pursuant to 33 U.S.C. Section 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 Hy-Tech Plating Inc., located at 1014 Center

Street in San Carlos, California; EPA Docket No. CWA-IX-FY96-08;

filed on March 28, 1996, with Mr. Steven Armsey, Regional Hearing

Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco,

California 94105, (415) 744-1389; proposed penalty of $50,000 for

failure to comply with the categorical pretreatment standards and

requirements for metal finishing operations (40 CFR 433).

FOR FURTHER INFORMATION CONTACT:

Persons wishing to receive a copy of EPA's Consolidated Rules, review

of 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. In order to provide opportunity for public

comment, EPA will issue no final order assessing a penalty in these

proceedings prior to thirty (30) days after the date of publication of

this notice.

Dated: March 28, 1996.

Alexis Strauss,

Acting Director, Water Management Division.

[FR Doc. 96-8948 Filed 4-9-96; 8:45 am]

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