Clean Water Act Class II: Proposed Administrative Penalty Assessment and Opportunity To Comment Regarding Klein Products of Kansas, Inc., Fort Scott, KS

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6226-8]

Clean Water Act Class II: Proposed Administrative Penalty

Assessment and Opportunity To Comment Regarding Klein Products of

Kansas, Inc., Fort Scott, KS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative penalty assessment and

opportunity to comment regarding Klein Products of Kansas, Inc., Fort

Scott, 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).

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 December 30, 1998, 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, Klein Products of Kansas, Inc., Fort Scott,

Kansas; EPA Docket No. CWA-7-99-0002.

The Complaint proposes a penalty of Eleven Thousand Dollars

($11,000) for discharge of a xylene mixture to waters of the United

States without a permit in violation of Sections 301(a) and 402 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 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 the Klein Products of Kansas, 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: January 15, 1999.

Dennis Grams,

Regional Administrator, Region 7.

[FR Doc. 99-2452 Filed 2-4-99; 8:45 am]

BILLING CODE 6560-50-M