[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25867]


[[Page Unknown]]

[Federal Register: October 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5093-9]

 

Notice of Proposed Assessment of Clean Water Act Class II 
Administrative Penalty to Phelps Dodge Morenci, Inc. and Opportunity To 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposal of a Clean Water Act Class II Administrative Penalty 
and Notice of Public Comment Period.

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SUMMARY: Pursuant to 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 the commencement of 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)(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 Phelps Dodge Morenci, Inc. (Morenci Mining), 
Morenci, Greenlee County, AZ 85540, Docket No. CWA-IX-FY94-34; filed on 
September 28, 1994 with Steven Armsey, Regional Hearing Clerk, USEPA, 
Region 9, 75 Hawthorne Street, San Francisco, California 94105, (415) 
744-1389; proposed penalty of $60,000, for discharges of pollutants in 
violation of an NPDES permit.

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 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.

    Dated: September 28, 1994.
Alexis Strauss,
Acting Director, Water Management Division.
[FR Doc. 94-25867 Filed 10-18-94; 8:45 am]
BILLING CODE 6560-50-F