[Federal Register Volume 68, Number 167 (Thursday, August 28, 2003)]
[Notices]
[Pages 51776-51777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22054]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7550-6]


Clean Water Act Class II: Proposed Administrative Penalty 
Assessment and Opportunity To Comment Regarding the Hilo Coast Power 
Company and Brewer Environmental Industries, Pepeekeo Mill Power 
Generating Facility, Proceeding 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 a proposed administrative penalty 
assessment for alleged violations of the Clean Water Act (the ``Act''). 
EPA is also providing notice of opportunity to comment on the proposed 
assessment.
    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 
October 7, 2003.
    On August 7, 2003, EPA filed with Danielle Carr, Regional Hearing 
Clerk, U.S. EPA, Region IX, 75 Hawthorne

[[Page 51777]]

Street, San Francisco, California 94105, (415) 744-1391, the following 
Administrative Complaint:
In the Matter of Hilo Coast Power Company and Brewer Environmental 
Industries, Pepeekeo Mill Power Generating Facility, Docket No. CWA-9-
2003-0002.
    For the alleged violations set forth in the Administrative 
Complaint, EPA proposes to assess penalties of up to One Hundred 
Thirty-seven Thousand and Five Hundred Dollars ($137, 500) for 
violations of NPDES Permit No. HI0000191 and section 301(a) of the Act, 
33 U.S.C. 1311(a), at the Pepeekeo Mill Power Generating Facility in 
Pepeekeo, 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 Complaint or other documents filed 
in this proceeding, comment upon the proposed assessment, or otherwise 
participate in the proceeding should contact Danielle Carr, Regional 
Hearing Clerk, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, 
California 94105, (415) 744-1391. 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. In order to provide 
opportunity for public comment, EPA will issue no final order assessing 
a penalty in these proceedings prior to forty (40) days after the date 
of publication of this notice.

    Dated: August 19, 2003.
John Kemmerer,
Acting Director, Water Division.
[FR Doc. 03-22054 Filed 8-27-03; 8:45 am]
BILLING CODE 6560-50-P