Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding ProSoCo, Inc., Kansas City, KS

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5899-2]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding ProSoCo, Inc., Kansas

City, KS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding ProSoCo, Inc., Kansas City, Kansas.

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

proposed assessment.

Under 33 U.S.C. 1321(b)(6), 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. 132(b)(6)(C).

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 August 6, 1997, 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 ProSoCo, Inc., Kansas City, Kansas, EPCRA Docket

No. VII-97E-44 and CWA Docket No. VII-97-W-0017.

The Complaint proposes a penalty of Ten Thousand Dollars ($10,000)

under the Clean Water Act for the release and discharge of a hazardous

substance into waters of the United States in violation of section

103(a) of CERCLA and section 311(b)(3) of the Clean Water Act.

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 the

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proposed penalty assessment, or otherwise participate in the proceeding

should contact Vanessa Cobbs, Regional Hearing Clerk, at (913) 551-

7630.

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 ProSoCo, Inc., 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 document.

Dated: September 17, 1997.

William A. Spratlin,

Acting Regional Director.

[FR Doc. 97-25648 Filed 9-25-97; 8:45 am]

BILLING CODE 6560-50-M