[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Notices]
[Pages 63249-63250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27151]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6890-1]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessments and Opportunities to Comment Regarding the Hawaiian 
Electric Company, Inc., Honolulu and Waiau Generating Stations, 
Proceedings Under Clean Water Act Section 309(g)(1), (2)(B) and 40 CFR 
22.13(b)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is providing notice of two proposed administrative penalty 
assessments for alleged violations of the Clean Water Act (the 
``Act''). EPA is also providing notice of opportunity to comment on the 
proposed assessments.
    EPA is authorized under section 309(g) of the Act, 33 U.S.C. 
1319(g), to assess a civil penalty after providing the person subject 
to the penalty notice of the proposed penalty and the opportunity for a 
hearing, and after providing interested persons notice of the proposed 
penalty and a reasonable opportunity to comment on its issuance. Under 
section 309(g), any person who without authorization discharges a 
pollutant to a navigable water, as those terms are defined in section 
502 of the Act, 33 U.S.C. 1362, may be assessed a penalty in a ``Class 
II'' administrative penalty proceeding.
    Class II proceedings under section 309(g) are conducted in 
accordance with the ``Consolidated Rules of Practice Governing the 
Administrative Assessment of Civil Penalties, Issuance of Compliance or 
Corrective Action Orders, and the Revocation, Termination or Suspension 
of Permits'' (part 22), 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 part 22. The 
deadline for submitting public comment on a proposed Class II order is 
forty (40) days after publication of this notice.
    On September 29, 2000, EPA filed with Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391, the following two Consent Agreements:
    In the Matter of Hawaiian Electric Company, Inc., Honolulu 
Generating Station, Docket No. CWA-9-2000-0009; and
    In the Matter of Hawaiian Electric Company, Inc., Waiau Generating 
Station, Docket No. CWA-9-2000-0010.
    For the alleged violations set forth in the first Consent 
Agreement, the Hawaiian Electric Company, Inc. (``Respondent'') agrees 
to pay to the United States a civil penalty of One Hundred Thousand 
Dollars ($100,000) for violations of NPDES Permit No. HI0000027 and 
section 301(a) of the Act, 33 U.S.C. 1311(a), at the Honolulu 
Generating Station in Honolulu, Hawaii.
    For the alleged violations set forth in the second Consent 
Agreement, Respondent agrees to pay to the United States a civil 
penalty of One Hundred Thousand Dollars ($100,000) for violations of 
NPDES Permit No. HI0000604 and section 301(a) of the

[[Page 63250]]

Act, 33 U.S.C. 1311(a), at the Waiau Generating Station in Pearl City, 
Hawaii.
    Procedures by 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 
on a proposed Class II penalty is forty days after issuance of public 
notice.

FOR FURTHER INFORMATION CONTACT: Persons wishing to receive a copy of 
EPA's Consolidated Rules, review the Complaints or other documents 
filed in these proceedings, comment upon the proposed assessments, or 
otherwise participate in the proceedings should contact Danielle Carr, 
Regional Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San 
Francisco, California 94105, (415) 744-1391. The administrative records 
for both of these proceedings are located in the EPA Regional Office 
identified above, and the files will be open for public inspection 
during normal business hours. All information submitted by the 
Respondent is available as part of the administrative records, subject 
to provisions of law restricting public disclosure of confidential 
information. In order to provide opportunity for public comment, EPA 
will issue no final orders assessing a penalty in these proceedings 
prior to forty (40) days after the date of publication of this notice.

    Dated: October 13, 2000.
Thomas Huetteman,
Acting Director, Water Division.
[FR Doc. 00-27151 Filed 10-20-00; 8:45 am]
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