Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Notices 76739

Weight Elements 1–5 (Maximum Score for Elements 1–5 = 500) Value Score 

15 (4) Describes a performance evaluation process and reporting schedule.

FACTORS: 

—Includes specific factors by which performance can be evaluated. 

—Includes submission of a final report. 

COMMENTS: ...........................................................................................................................................................

15 (5) Identifies roles and responsibilities of the recipient and any project partners in carrying out work plan commitments.

FACTORS: 

—Identifies specific level of effort for responsible parties for each work plan component. 

—Identifies parties who will take the lead in carrying out the work plan commitments for each work plan component. 

COMMENTS: ...........................................................................................................................................................

Criteria 6–9 (Maximum Score for Criteria 6–9 = 200) 

20 (6) The project is listed as a priority implementation project or is located in a priority watershed identified in the 

Tribal NPS management program. 

If Yes, Value = 5 If No, Value = 0 

10 (7) The project includes cooperation and/or a combination of resources with other programs, parties, and 

agencies to provide additional technical and/or financial assistance. 

If Yes, Value = 5 If No, Value = 0 

5 (8) The project is designed to achieve load allocations for which an approved NPS TMDL has been developed 

(or the NPS components of mixed-source TMDLs). 

If Yes, Value = 5 If No, Value = 0 

5 (9) The project is designed to implement a watershed-based plan that is designed to restore NPS-impaired 

waters. 

FACTORS: 

—The extent to which the plan includes each component of a watershed-based plan as identified in EPA’s FY 

2004 Nonpoint Source Program and Grants Guidelines for States and Territories. 

COMMENTS: ...........................................................................................................................................................

TOTAL SCORE 

Any Additional Comments:

[FR Doc. 04–27986 Filed 12–21–04; 8:45 am] 

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ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7851–7] 

Revised Guidance on Procedures for 

Submission and Review of CERCLA 

Section 106(b) Reimbursement 

Petitions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of availability of revised 

guidance document. 

SUMMARY: Section 106(b)(2) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (CERCLA), 42 U.S.C. 

9606(b)(2), as amended by the 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

allows any person who has complied 

with an administrative order issued 

under section 106(a) of CERCLA to 

petition for reimbursement of the 

reasonable costs incurred in complying 

with the order, plus interest. To 

establish a claim for reimbursement, a 

petitioner must demonstrate that it was 

not liable for response costs under 

CERCLA section 107(a), or that EPA’s 

selection of the ordered response action 

was arbitrary and capricious or was 

otherwise not in accordance with law. 

The authority to decide whether to grant 

such petitions has been delegated by the 

President to the EPA Administrator, and 

redelegated to EPA’s Environmental 

Appeals Board (EAB) under EPA 

Delegation of Authority CERCLA 14–27 

(June 1994). 

The EAB issued procedural guidance 

(CERCLA Guidance) regarding the 

procedures for submission and review 

of petitions for reimbursement in June 

1994. Based on its experience with 

reimbursement petitions after June 

1994, the EAB issued revised CERCLA 

Guidance on October 9, 1996. The EAB 

issued a further revised version of its 

CERCLA Guidance on November 10, 

2004. This Notice informs the general 

public of the availability of the 

November 10, 2004 revised CERCLA 

Guidance. The full text of the revised 

CERCLA Guidance is available on the 

EAB’s Web site, http://www.epa.gov/

eab, by clicking on ‘‘EAB Guidance 

Documents.’’ Copies of the document 

can also be obtained by calling Eurika 

Durr, Clerk of the Board, at the 

telephone number and e-mail address 

noted below.

FOR FURTHER INFORMATION CONTACT: For 

further information or for copies of the 

November 10, 2004 revised CERCLA 

Guidance, contact Eurika Durr, Clerk of 

the Board. Telephone number: (202) 

233–0122. E-mail: Durr.Eurika@epa.gov.

Dated: December 14, 2004. 

Kathie A. Stein, 

Environmental Appeals Judge.

[FR Doc. 04–27996 Filed 12–21–04; 8:45 am] 

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