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

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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, Regio