[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Notices]
[Page 49226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24946]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5895-2]


Notice of Proposed Assessment of Clean Water Act Class II 
Administrative Penalty to Arizona Public Service Company and 
Opportunity To Comment

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative penalty assessment and 
opportunity to comment.

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SUMMARY: EPA is providing notice of a proposed administrative penalty 
assessment and proposed Consent Agreement for alleged violations of the 
Clean Water Act. EPA is also providing notice of the opportunity to 
comment on the proposed penalty assessment.
    Under section 309(g) of the Clean Water Act, 33 U.S.C. 1319(g), EPA 
is authorized to issue orders assessing civil penalties for various 
violations of the Act after providing the person subject to the penalty 
notice of the proposed penalty and the opportunity for a hearing, and 
after providing interested persons public notice of the proposed 
penalty and a reasonable opportunity to comment on its issuance.
    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 comment on a proposed Class II 
penalty or participate in a Class II penalty proceeding are set forth 
in the Consolidated Rules. The deadline for submitting public comment 
of a proposed Class II order is thirty days after publication of this 
document.
    On the date identified below, EPA commenced the following Class II 
proceeding for the assessment of penalties:
    In the matter of Arizona Public Service Company, P.O. Box 52034, 
Phoenix, AZ; EPA Docket No. CWA-IX-FY97-16; filed on September 11, 
1997, with Mr. Steven Armsey, Regional Hearing Clerk, U.S. EPA Region 
9, 75 Hawthorne Street, San Francisco, California 94105, (415) 744-
1389, proposed penalty of $42,000 for unpermitted discharges in August 
1994, January 1997, February 1997 and March 1997 into the Gila River 
from their water reclamation supply system pipeline. EPA and Arizona 
Public Service Company have agreed to a proposed Consent Agreement in 
which Arizona Public Service Company shall pay a civil penalty of 
$42,000.

FOR FURTHER INFORMATION: 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 this 
administrative record, subject to provisions of law restricting public 
disclosure of confidential information. In order to provide opportunity 
for public comment, EPA will take no final action in these proceedings 
prior to thirty (30) days after the date of publication of this 
document.

    Dated: September 11, 1997.
John Ong,
Acting Director, Water Division.
[FR Doc. 97-24946 Filed 9-18-97; 8:45 am]
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