50610 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Notices

will meet on Monday, October 6, 1997,

from 8:30 a.m. to 5:00 p.m. Tuesday,

October 7, 1997, from 8:30 a.m. to 12:00

p.m.

ADDRESSES: The meeting will be held at:

the National Airport Doubletree Hotel,

300 Army Navy Drive, Arlington-Crystal

City, VA, 22202.

FOR FURTHER INFORMATION CONTACT: By

mail: Elaine Y. Lyon, Office of Pesticide

Programs (7506C), Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: (703) 305–5306;

(703) 308–1850 (fax); e-mail:

Lyon.elaine.@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: The

tentative agenda of the SFIREG Working

Committee on Water Quality and

Pesticide Disposal includes the

following:

1. Surface Water - storm water

retention ponds and sanitary waste

water treatment facilities.

2. Lysimeters technology.

3. Update on state management plan

rule.

4. Update on restricted use product

rule.

5. Measures of success.

6. Rinse water reuse.

7. Reports from committee members.

8. Other topics as appropriate.

List of Subjects

Environmental protection.

Dated: September 22, 1997.

Jay Ellenberger,

Acting Director, Field and External Affairs

Division, Office of Pesticide Programs.

[FR Doc. 97–25757 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[PF–760; FRL–5740–2]

Notice of Filing of Pesticide Petitions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the

initial filing of pesticide petitions

proposing the establishment of

regulations for residues of certain

pesticide chemicals in or on various

food commodities.

DATES: Comments, identified by the

docket control number PF–760, must be

received on or before October 27, 1997.

ADDRESSES: By mail submit written

comments to: Public Information and

Records Integrity Branch (7506C),

Information Resources and Services

Division, Office of Pesticides Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person bring comments to: Rm. 1132,

CM #2, 1921 Jefferson Davis Highway,

Arlington, VA.

Comments and data may also be

submitted electronically by following

the instructions under

‘‘SUPPLEMENTARY INFORMATION.’’

No confidential business information

should be submitted through e-mail.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). CBI should not be submitted

through e-mail. Information marked as

CBI will not be disclosed except in

accordance with procedures set forth in

40 CFR part 2. A copy of the comment

that does not contain CBI must be

submitted for inclusion in the public

record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Indira Gairola, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: Rm. W-57, 4th floor, CS #1,

Westfield Building North Tower, 2800

Crystal Drive, Arlington, VA 22202,

703–308–8371, e-mail:

gairola.indira@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA has

received pesticide petitions as follows

proposing the establishment and/or

amendment of regulations for residues

of certain pesticide chemicals in or on

various food commodities under section

408 of the Federal Food, Drug, and

Comestic Act (FFDCA), 21 U.S.C. 346a.

EPA has determined that these petitions

contain data or information regarding

the elements set forth in section

408(d)(2); however, EPA has not fully

evaluated the sufficiency of the

submitted data at this time or whether

the data supports granting of the

petition. Additional data may be needed

before EPA rules on the petition.

The official record for this notice of

filing, as well as the public version, has

been established for this notice of filing

under docket control number [PF–760]

(including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The official

record is located at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comment and data will

also be accepted on disks in

Wordperfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket number [PF–760] and

appropriate petition number. Electronic

comments on this notice may be filed

online at many Federal Depository

Libraries.

List of Subjects

Environmental protection,

Agricultural commodities, Food

additives, Feed additives, Pesticides and

pests, Reporting and recordkeeping

requirements.

Dated: September 16, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Summaries of Petitions

Petitioner summaries of the pesticide

petitions are printed below as required

by section 408(d)(3) of the FFDCA. The

summaries of the petitions were

prepared by the petitioners and

represent the views of the petitioners.

EPA is publishing the petition

summaries verbatim without editing

them in any way. The petition summary

announces the availability of a

description of the analytical methods

available to EPA for the detection and

measurement of the pesticide chemical

residues or an explanation of why no

such method is needed.

AgrEvo

PP 7F4850

EPA has received a pesticide petition

(PP 7F4850) from AgrEvo, proposing

pursuant to section 408(d) of the Federal

Food, Drug and Cosmetic Act, 21 U.S.C.

346a(d), to amend 40 CFR part 180 by

establishing a tolerance for residues of

herbicide safener Mefenpyr-diethyl

(HOE 107892) on wheat and barley
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Notices 50611

commodities. The proposed analytical

method involves homogenization,

filtration, partition and cleanup with

analysis by high performance liquid

chromatography using UV detection.

EPA has determined that the petition

contains data or information regarding

the elements set forth in section

408(d)(2) of the FFDCA; however, EPA

has not fully evaluated the sufficiency

of the submitted data at this time or

whether the data supports granting of

the petition. Additional data may be

needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism. The fate of

mefenpyr-diethyl has been determined

in young barley plants and the nature of

the residue is understood. Residues of

concern are mefenpyr-diethyl and its

2,4–dichlorophenyl-pyrazoline

metabolites, all of which are detected

and quantified by the analytical method

described above.

Residue trials have been conducted in

the United States in 1995 and 1996.

When applied as a single application at

a rate of 0.089 lb. of safener per acre,

combined residues in wheat or barley

grain did not exceed 0.04 ppm. In wheat

or barley straw, combined residues did

not exceed 0.67 ppm, and in wheat or

barley hay combined residues did not

exceed 0.35 ppm. In these same trials,

combined residues did not exceed 0.55

ppm in wheat forage. Thus, the

proposed tolerances of 0.05 ppm in

barley and wheat grain, 0.75 ppm in

wheat straw and forage, 0.5 ppm in

wheat and barley hay, and 1.0 ppm in

barley straw are adequate.

2. Analytical method. A practical

analytical method utilizing gas

chromatography and a mass selective

detector is available for detecting and

measuring levels of mefenpyr-diethyl

and its 2,4–dichlorophenyl-pyrazoline

containing metabolites in wheat grain

and straw. The limit of quantitation

(LOQ) is 0.01 mg/kg (ppm) in wheat and

barley grain, 0.05 mg/kg (ppm) in wheat

and barley straw and wheat hay, and 0.1

ppm in wheat forage.

3. Magnitude of residues. The fate of

mefenpyr-diethyl has been determined

in young barley plants and the nature of

the residue is understood. Residues of

concern are mefenpyr-diethyl and its

2,4–dichlorophenyl-pyrazoline

metabolites, all of which are detected

and quantified by the analytical method

described above.

Residue trials have been conducted in

the United States in 1995 and 1996.

When applied as a single application at

a rate of 0.089 lb. of safener per acre,

combined residues in wheat or barley

grain did not exceed 0.04 ppm. In wheat

or barley straw, combined residues did

not exceed 0.67 ppm, and in wheat or

barley hay combined residues did not

exceed 0.35 ppm. In these same trials,

combined residues did not exceed 0.55

ppm in wheat forage. Thus, the

proposed tolerances of 0.05 ppm in

barley and wheat grain, 0.75 ppm in

wheat straw and forage, 0.5 ppm in

wheat and barley hay, and 1.0 ppm in

barley straw are adequate.

The metabolism of mefenpyr-diethyl

in poultry is adequately understood.

Laying hens were fed the compound at

a level approximately 5–times the worst

case dietary burden for 14–days. Low

levels of residues of mefenpyr-diethyl

were detected in fat, and low levels of

residues of mefenpyr-diethyl and its

2,4–dichlorophenyl-pyrazoline

containing metabolites were detected in

liver and eggs.

The metabolism of mefenpyr-diethyl

in ruminants is also adequately

understood. A lactating goat was dosed

with the compound at a level

approximately 56–times the worst case

dietary burden for 7–days. Low levels of

residues of mefenpyr-diethyl and/or its

2,4–dichlorophenyl-pyrazoline

containing metabolites were detected in

liver and eggs.

B. Toxicological Profile

1. Acute toxicity. The acute oral LD50

of mefenpyr-diethyl was greater than

5,000 mg/kg in both rats and mice. The

acute rat dermal LD50 was greater than

4,000 mg/kg, and the acute rat

inhalation LC50 (4-hour) was greater

than 1.32 mg/l. Mefenpyr-diethyl was

slightly irritating to the eyes of rabbits.

It was not irritating to rabbit skin in a

standard dermal irritation study but was

a weak dermal sensitizer in a guinea pig

maximization study. Evidence of

photoirritation, but no

photosensitization, was observed in

other studies with guinea pigs. Based on

these results, mefenpyr-diethyl is

expected to be classified as TOXICITY

CATEGORY IV for acute oral toxicity

and skin irritation, and TOXICITY

CATEGORY III for acute dermal and

inhalation toxicity, and eye irritation.

2. Genotoxicty. No evidence of

genotoxicity was observed in a battery

of studies including Salmonella and E.

coli bacterial gene mutation assays, an

HGPRT gene mutation assay in Chinese

hamster cells, a mouse micronucleus

assay, an in vitro chromosome

aberration assay, and an in vitro

unscheduled DNA synthesis assay.

3. Reproductive and developmental

toxicity. Two rat developmental toxicity

studies have been conducted with

mefenpyr-diethyl. In the first study,

Wistar rats were administered

mefenpyr-diethyl by gavage at dose

levels of 0 and 1,000 mg/kg body

weight/day on gestation days 7 to 16.

The fetuses were delivered by cesarean

section on gestation day 21 and

evaluated for external, visceral and/or

skeletal anomalies. No maternal or

developmental effects were noted in this

study. Thus, the NOEL for maternal and

developmental effects was considered to

be 1,000 mg/kg bodyweight. In the

second study, Wistar rats were again

administered mefenpyr-diethyl by

gavage at dose levels of 0 and 1,000 mg/

kg body weight/day on gestation days 7

to 16, but the dams were then allowed

to deliver normally and the offspring

were evaluated for up to 44–days postpartum. No maternal effects were

observed in this study. There was a

marginal decrease in the body weight of

the offspring at birth and during

lactation but no other changes in

physical, functional, or behavioral

endpoints were observed.

In a rabbit developmental toxicity

study, mefenpyr-diethyl was

administered by gavage to Himalayan

rabbits at dose levels of 0, 40, 100, and

250 mg/kg body weight/day on gestation

days 6 to 18. The highest dose tested

was toxic to both dams and embryos, as

evidenced by a decreased food and

water consumption, decreased maternal

body weights, abortions, and increased

incidences of intrauterine death. No

morphological effects on the offspring

were noted. The NOEL for maternal and

embryonic toxicity was considered to be

100 mg/kg body weight.

A 2–generation reproduction study

was conducted in Wistar rats fed diet

containing mefenpyr-diethyl at dietary

concentrations of 0, 200, 1,000, and

5,000 ppm for 70–days then

continuously through successive

generations. Effects observed at 5,000

ppm consisted of decreased food

consumption, decreased body weight

gain, increased spleen weights and

increased splenic hematopoiesis in the

parental animals, and decreased body

weights in the pups during lactation. No

effects on reproductive parameters were

noted. Thus, the overall study NOEL for

both parents and the progeny was

considered to be 1,000 ppm, equivalent

to a mean daily substance intake of 75

and 99 mg/kg bodyweight for the males

and females, respectively.

4. Subchronic toxicity. In a 90–day

feeding study, mefenpyr-diethyl was

administered to Wistar rats at

concentrations of 0, 100, 500, 2,500, and

7,500 ppm in the diet. Based on slight

reduction in body weight at 7,500 ppm

and minimal to slight anemia at 2,500

and 7,500 ppm, the NOEL was

considered to be 500 ppm, equivalent to
50612 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Notices

a mean daily test substance intake of 42

mg/kg body weight.

In a 90–day feeding study in beagle

dogs, mefenpyr-diethyl was

administered in the diet at

concentrations of 0, 400, 2,000, and

10,000 ppm. Effects observed at 10,000

ppm included decreased food

consumption and body weight gain,

increased liver weights, anemia, and

alterations in several clinical chemistry

parameters. There were no

histopathological changes. Increased

liver weight and increases in two serum

enzymes were noted at 2,000 ppm.

Thus, the NOEL was considered to be

400 ppm, equivalent to a mean daily test

substance intake of 15 mg/kg body

weight.

In a 90–day feeding study in NMRI

mice, mefenpyr-diethyl was

administered in the diet at

concentrations of 0, 100, 500, 2,500, and

7,500 ppm. Effects noted at 7,500 ppm

included decreased food consumption

and body weight gain, slight anemia,

alterations in several hematology and

clinical chemistry parameters, slightly

increased spleen weights, and markedly

increased liver weights.

Histopathological evaluation revealed

hepatocellular hypertrophy in the liver,

and increased hemosiderin deposits and

compensatory hematopoiesis in the

spleen. Effects noted at 2,500 ppm

included decreased weight gain, minor

alterations in several clinical pathology

parameters, slight increases in liver

weights, and hepatocellular

hypertrophy. The NOEL for this study

was considered to be 500 ppm,

equivalent to a mean daily substance

intake of 89 mg/kg body weight.

In a subchronic dermal toxicity study,

mefenpyr-diethyl was applied to Wistar

rats at dose levels of 0, 100, 300, and

1,000 mg/kg body weight for six hours

per day, 5–days a week, for a total of

21–days over a period of 30–days. Based

on slight anemia observed among the

females at 1,000 mg/kg body weight, the

NOEL was considered to be 300 mg/kg

bodyweight.

5. Chronic toxicity. A 2–year feeding

chronic toxicity/carcinogenicity study

was conducted in Wistar rats with

mefenpyr-diethyl at dietary

concentrations of 0, 40, 200, 1,000, and

5,000 ppm. No evidence of

carcinogenicity was observed in this

study. Based on slight reductions in

female body weights and slight anemia

in both sexes at 5,000 ppm, the NOEL

was considered to be 1,000 ppm,

equivalent to a mean daily substance

intake of 48 and 60 mg/kg bodyweight

in males and females, respectively.

A 2–year feeding chronic toxicity/

carcinogenicity study was conducted in

NMRI mice with mefenpyr-diethyl at

dietary concentrations of 0, 20, 100, 500,

and 2,500 ppm. No evidence of

carcinogenicity was observed in this

study. Slight but consistently reduced

body weights and slight increases in

liver weight were noted in male mice at

2,500 ppm. Hepatocellular hypertrophy

was noted in both sexes at 2,500 ppm,

in male mice only at 500 ppm, and in

a few males at 100 ppm. Hematology,

serum biochemistry and urinalysis

parameters were unaffected. Because of

the low incidence and severity of the

hepatocellular hypertrophy at 100 ppm,

the NOAEL for this study was

considered to be 500 ppm, equivalent to

a mean daily intake of 71 mg/kg body

weight.

A 1–year feeding study was

conducted in beagle dogs with

mefenpyr-diethyl at dietary

concentrations of 0, 60, 300, 1,500, and

7,500 ppm. There was a slight decrease

in food consumption in males at 7,500

ppm, but body weights were unaffected.

Other effects at this dose level consisted

of slight anemia, a slight increase in

platelet count, alterations in several

clinical chemistry parameters,

moderately to markedly increased liver

weights, slightly increased thyroid

weights, slightly decreased prostate

weights, and minimal intrahepatic

cholestasis. The NOEL for this study

was considered to be 1,500 ppm,

equivalent to a mean daily test

substance intake of 55 mg/kg body

weight.

6. Animal metabolism. The

metabolism of mefenpyr-diethyl in

poultry is adequately understood.

Laying hens were fed the compound at

a level approximately 5–times the worst

case dietary burden for 14–days. Low

levels of residues of mefenpyr-diethyl

were detected in fat, and low levels of

residues of mefenpyr-diethyl and its

2,4–dichlorophenyl-pyrazoline

containing metabolites were detected in

liver and eggs.

The metabolism of mefenpyr-diethyl

in ruminants is also adequately

understood. A lactating goat was dosed

with the compound at a level

approximately 56–times the worst case

dietary burden for 7–days. Low levels of

residues of mefenpyr-diethyl and/or its

2,4–dichlorophenyl-pyrazoline

containing metabolites were detected in

kidney, liver, fat, and milk.

Based on the results observed in these

metabolism studies, secondary residues

in animal commodities are not expected

to be of concern in terms of dietary risk

to consumers.

C. Aggregate Exposure

Mefenpyr-diethyl is intended for use

on agricultural crops as a herbicide

safening agent. As such, nonoccupational exposures to mefenpyrdiethyl would be limited to potential

exposures via residues in food or water.

There are no acute toxicity concerns

with mefenpyr-diethyl. Therefore, only

chronic exposures are being addressed

here.

Dietary exposure—1. Food. Potential

dietary exposures from food under the

proposed tolerances were estimated

using the Exposure 1 software system

(TAS, Inc.) and the 1977–78 USDA

consumption data. For the purposes of

this risk assessment, AgrEvo USA

Company has made the overly

conservative assumption that 100% of

all wheat and barley commodities will

contain residues of mefenpyr-diethyl

and that all of those residues will be at

the proposed tolerance level. Further,

default concentration factors are

assumed for processed wheat and barley

commodities. Thus, this estimate should

result in a gross overestimation of actual

human exposure. allowing

administration. Metabolite profiles were

similar following oral and dermal

exposures, with the route of metabolism

being hydrolysis of the two carboxylic

acid ester groups, and decarboxylation

of one of the carboxylic acid groups

resulting in the aromatization of the

heterocyclic ring.

2. Drinking water. The potential for

mefenpyr-diethyl to leach into

groundwater has been assessed in

various laboratory studies. These

experiments clearly demonstrate that

mefenpyr-diethyl is rapidly degraded in

the environment, chiefly via metabolism

in biologically active soils. Aerobic

degradation half-lives of 3–days or less

were observed under a wide range of

experimental conditions. Clear

degradation of metabolites was also

observed, with soil photolysis

accelerating the process. Mefenpyrdiethyl was stable to hydrolysis under

acid conditions, but was rapidly

degraded at mildly alkaline pH vales.

Rapid photodegradation was observed

under those aqueous conditions where

mefenpyr-diethyl is stable to hydrolysis.

The compound sorbed readily to soil

organic matter, therefore, leaching is not

of concern. Based on these

environmental fate data and the

anticipated conditions of use, the

potential for movement of mefenpyrdiethyl is considered to be low. As such,

the potential contribution of any

residues of the compound in water to

the total dietary intake of mefenpyrdiethyl will be negligible.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Notices 50613

D. Cumulative Effects

The potential for mefenpyr-diethyl to

leach into groundwater has been

assessed in various laboratory studies.

These experiments clearly demonstrate

that mefenpyr-diethyl is rapidly

degraded in the environment, chiefly

via metabolism in biologically active

soils. Aerobic degradation half-lives of

3– days or less were observed under a

wide range of experimental conditions.

Clear degradation of metabolites was

also observed, with soil photolysis

accelerating the process. Mefenpyrdiethyl was stable to hydrolysis under

acid conditions, but was rapidly

degraded at mildly alkaline pH vales.

Rapid photodegradation was observed

under those aqueous conditions where

mefenpyr-diethyl is stable to hydrolysis.

The compound sorbed readily to soil

organic matter, therefore leaching is not

of concern. Based on these

environmental fate data and the

anticipated conditions of use, the

potential for movement of mefenpyrdiethyl is considered to be low. As such,

the potential contribution of any

residues of the compound in water to

the total dietary intake of mefenpyrdiethyl will be negligible.

E. Safety Determination

1. U.S. population. A Reference Dose

value (RfD) of 0.48 mg/kg body weight/

day is appropriate for chronic dietary

risk assessments of mefenpyr-diethyl.

This RfD is based on the 2–year rat

chronic toxicity study in which the

NOEL was 1,000 ppm, equivalent to 48

mg/kg body weight for males, and a

100–fold safety factor to account for

interspecies extrapolation and

intraspecies variation.

Under the conservative (worst-case)

dietary exposure assumption described

above in paragraph D.1., chronic dietary

exposures will utilize only 0.11% of the

RfD for the general U.S. population.

There is generally no concern for

exposures below 100% of the RfD since

it represents the level at or below which

no appreciable risks to human health is

posed. Thus, there is reasonable

certainty that no harm will result to the

U.S. population in general from

aggregate exposure to mefenpyr-diethyl

residues.

2. Infants and children. Data from rat

and rabbit development toxicity studies

and rat multigeneration reproduction

studies are generally used to assess the

potential for increased sensitivity of

infants and children. The

developmental toxicity studies are

designed to evaluate adverse effects on

the developing organism resulting from

pesticide exposure during prenatal

development. Reproduction studies

provide information relating to

reproductive and other effects on adults

and offspring from pre-natal and postnatal exposure to the pesticide.

FFDCA Section 408 provides that the

Agency may apply an additional safety

factor for infants and children to

account for pre- and post-natal toxicity

or incompleteness of the database.

However, the toxicology database for

mefenpyr-diethyl regarding potential

pre- and post-natal effects in offspring is

complete according to existing Agency

data requirements and does not indicate

any particular developmental or

reproductive concerns. No reproductive

effects were noted in any of the studies

and the NOEL’s for the parents and

offspring were the same in three of the

four studies. A marginal decrease in pup

weights was noted at a non-maternally

toxic dose level in the second rat

developmental toxicity study, but only

at a dose level of 1,000 mg/kg/day.

Thus, there does not appear to be any

significant difference in sensitivity to

mefenpyr-diethyl between adults and

offspring. Furthermore, the proposed

RfD of 0.48 mg/kg/day, which is based

on a 48 mg/kg/day NOEL from the 2–

year rat feeding study, already provides

for a safety factor of 208 relative to the

100 mg/kg/day developmental NOEL

from the rabbit developmental toxicity

study. Thus, the RfD of 0.48 mg/kg/day

is considered to be appropriate for

assessing potential risks to infants and

children and an additional uncertainty

factor is not warranted.

Using the conservative assumptions

described above, aggregate exposure to

mefenpyr-diethyl is expected to utilize

0.25% of the reference dose in the

population subgroups children 1–6

years old and 0.18% of the reference

dose in the population subgroup

children 7–12 years old. These numbers

would, in all likelihood, be significantly

lower if an adjustment for actual percent

of crop treated was considered.

F. International Tolerances

Italy has established an MRL

(maximum residue limit) of 0.05 ppm in

wheat grain for residues of mefenpyrdiethyl and metabolites.

[FR Doc. 97–25656 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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