[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Notices]
[Pages 50613-50614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25648]


-----------------------------------------------------------------------

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

[[Page 50614]]

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