Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices 5645

governmental and Public Affairs,

Construction and Capital Project

Implementation, as well as Special

Committee Reports. Superintendent

Roger K. Rector will give a report on

various park issues.

SUPPLEMENTARY INFORMATION: The

Delaware Water Gap National

Recreation Area Citizens Advisory

Commission was established by Public

Law 100–573 to advise the Secretary of

the Interior and the United States

Congress on matters pertaining to the

management and operation of the

Delaware Water Gap National

Recreation Area, as well as on other

matters affecting the Recreation Area

and its surrounding communities.

The meeting will be open to the

public. Any member of the public may

file a written statement concerning

agenda items with the Commission. The

statement should be addressed to The

Delaware Water Gap National

Recreation Area Citizens Advisory

Commission, P. O. Box 284, Bushkill,

PA 18324. Minutes of the meeting will

be available for inspection four weeks

after the meeting at the permanent

headquarters of the Delaware Water Gap

National Recreation Area located on

River Road 1 mile east of U.S. Route

209, Bushkill, Pennsylvania.

FOR FURTHER INFORMATION CONTACT:

Superintendent, Delaware Water Gap

National Recreation Area, Bushkill, PA

18324, 717–588–2418.

Bob Kirby,

Acting Superintendent.

Congressional Listing for Delaware

Water Gap NRA

Honorable Frank Lautenberg, U.S.

Senate, SH–506 Hart Senate Office

Building, Washington, D.C. 20510–

3002

Honorable Robert G. Torricelli, U.S.

Senate, Washington, D.C. 20510–3001

Honorable Richard Santorum, U.S.

Senate, SR 120 Senate Russell Office

Bldg., Washington, D.C. 20510

Honorable Arlen Specter, U.S. Senate,

SH–530 Hart Senate Office Bldg.,

Washington, D.C. 20510–3802

Honorable Paul McHale, U.S. House of

Representatives, 511 Cannon House

Office Bldg., Washington, D.C. 20515–

3815

Honorable Joseph McDade, U.S. House

of Representatives, 2370 Rayburn

House Office Bldg., Washington, D.C.

20515–3810

Honorable Margaret Roukema, U.S.

House of Representatives, 2244

Rayburn House Office Bldg.,

Washington, D.C. 20515–3005

Honorable Tom Ridge, State Capitol,

Harrisburg, PA 17120

Honorable Christine Whitman, State

House, Trenton, NJ 08625

[FR Doc. 97–3012 Filed 2–5–97; 8:45 am]

BILLING CODE 4310–70–P

INTERNATIONAL DEVELOPMENT

COOPERATION AGENCY

Overseas Private Investment

Corporation

Notice of Publication and Request for

Comments

AGENCY: Overseas Private Investment

Corporation, IDCA.

ACTION: Notice of Publication and

Request for Comments.

SUMMARY: The Overseas Private

Investment Corporation (OPIC) has

published an ‘‘Environmental

Handbook’’ which represents the

current environmental policies and

procedures in use at the Agency.

Section 231(n) of the Foreign Assistance

Act of 1961 (Title 22 U.S.C. 2191 (k)(2)),

as amended, requires OPIC to: ‘‘Refuse

to insure, reinsure, guarantee, or finance

any investment in connection with a

project which the Corporation

determines will pose an unreasonable or

major environmental, health, or safety

hazard, or will result in the significant

degradation of national parks or similar

protected areas.’’

The Handbook was published to

consolidate a number of sources of

information into a single, easy-to-review

and easily accessible document. This

Handbook is also available on OPIC’s

Internet web site at www.OPIC.gov.

Comments on the Handbook and its

content are being invited for Agency

consideration. OPIC intends to consider

revising the Handbook based upon the

comments received. OPIC encourages all

interested parties to respond within 120

calendar days of publication of this

Notice. The entire text of the Handbook

appears below.

DATES: Comments must be received on

or before June 6, 1997.

ADDRESSES: Comments should be

submitted to Mr. Harvey Himberg,

Environmental Affairs, Overseas Private

Investment Corporation, 1100 New York

Ave., NW., Washington, DC 20527 USA.

FOR FURTHER INFORMATION CONTACT:

Contact Mr. Himberg by phone at 202/

336–8414, by fax at 202/218–0177 or via

Internet e-mail at /S=himberg/

G=harvey@mhs-opic.attmail.com.

TEXT OF HANDBOOK:

OPIC ENVIRONMENTAL HANDBOOK

December 1996

INTRODUCTION: STATEMENT OF

PURPOSE AND OBJECTIVES

This Handbook is intended to provide

guidance to OPIC’s clients, as well as the

interested public, with respect to the

environmental standards, assessment and

monitoring procedures that OPIC applies to

prospective and ongoing investment projects.

The standards and procedures described in

this Handbook generally reflect existing

practice at OPIC as it has evolved since the

enactment in 1985 of statutory environmental

provisions applicable to OPIC. (The

environmental provisions contained in

OPIC’s statute are reprinted in Appendix A.)

(OPIC is also subject to Executive Order

12114, ‘‘Environmental Effects Abroad of

Major Federal Actions.’’ Environmental

Assessment Procedures for EO 12114 are

included in Appendix A.)

Since 1985, OPIC has been required by

statute to assess the environmental impacts

of projects under consideration for political

risk insurance and financing. OPIC’s

authorizing statute was amended at that time

with the congressional intent of ensuring that

‘‘great care * * * be paid to assuring the

environmental soundness of U.S.

Government supported foreign assistance

projects.’’ This is particularly important

given OPIC’s self-sustaining mandate. OPIC

strongly supports these principles on their

own merits.

In addition, it is increasingly evident that

responsible and proactive environmental

assessment and management enhance the

competitiveness of U.S. investors, as well as

project developers, suppliers and contractors

associated with overseas investment projects.

Whereas public policy considerations have

spurred multilateral and bilateral financial

institutions such as OPIC to take the lead in

addressing environmental issues in project

finance and political risk insurance, private

financial institutions both in the U.S. and

overseas also have recently begun to integrate

environmental concerns into their lending

and insurance criteria.

Corporations themselves, through such

initiatives as the ISO 14000 process, have

undertaken to standardize environmental

management, auditing and labeling on an

international basis. (ISO is the International

Standards Organization, a voluntary

membership body composed of private sector

companies.)

Over the years OPIC has worked with

counterpart organizations providing similar

services to investors in the U.S., overseas and

on a multilateral basis as environmental

procedures were developed. Many of the

OPIC standards and procedures described in

this Handbook are also applied by

organizations such as the International

Finance Corporation (IFC) and the

Multilateral Investment Guarantee Agency

(MIGA), both affiliates of the World Bank; the

European Bank for Reconstruction and

Development (EBRD); and the U.S. ExportImport Bank (US Exim). In OPIC’s

experience, the application of standards and

procedures similar to those used by these

organizations has facilitated co-financing and

co-insurance arrangements and made it

simpler for clients to address environmental

requirements.
5646 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices

The Handbook is not designed to be a static

document but rather an evolving process.

OPIC welcomes comments from business and

public interest organizations seeking to

enhance OPIC’s environmental assessment

and management process.

Environmental Assessment (EA)

By statute, OPIC is precluded from

assisting any project that it determines will

pose an ‘‘unreasonable or major

environmental health or safety hazard.’’ (See

Appendix A.)

Environmental assessment (EA) is the tool

used by OPIC to make this determination.

The state-of-art of EA is steadily evolving

through experience with actual projects over

time. EA is a continuing activity through the

life of a project, not a one-time exercise.

Effectively applied, it is integrated into the

design and operations of a project, rather

than undertaken as an ‘‘add-on’’ to satisfy a

requirement external to the project. EA

consists of several stages of analysis—

descriptive, prospective and retrospective.

By statute, OPIC is required to provide

some degree of EA to every project

considered for insurance or finance in

determining whether to provide support for

the project. This requirement extends to

subprojects undertaken by OPIC-supported

investment funds and on-lending facilities.

(See the discussion of financial

intermediaries, below.) OPIC cannot provide

a final commitment to a project (i.e., issue an

insurance contract, disburse a loan, or

approve a transaction by a financial

intermediary) until its environmental

assessment is complete and a determination

is made by OPIC that the environmental,

health and safety impacts of the project are

acceptable.

Different types of EAs are conducted by the

applicant depending on the nature of the

project. The actual work may be conducted

by the applicant/sponsor or by a third party,

such as an environmental consultant. On the

basis of its considerable experience in

reviewing such materials, OPIC can advise

applicants regarding many aspects of EA

preparation.

EAs and other environmental reports

should be provided to OPIC as early as

possible in the application process. This

enables OPIC to identify environmental

issues that may require additional attention

before the EA can be considered to be

complete. Collaboration between OPIC and

other official and private lenders and

insurers in reviewing environmental

information is in the interest of the applicant

as it expedites the review process and avoids

delays and needless duplication with the

requirements of other lenders and insurers.

Once the EA is complete, OPIC will make

every effort to review the material within a

two to four week time frame. In

circumstances where OPIC confronts a

particularly full project pipeline, OPIC may

contract for outside expertise to enable it to

complete the review process in a timely

manner.

In all cases, the cost of preparing the

original EA is borne by the applicant,

sponsor or foreign enterprise. When OPIC

engages independent consultants to review

all or part of the EA materials submitted by

the investor, to undertake an original

assessment of the project and/or to undertake

a site visit as part of the environmental

review process, it requires the applicant to

reimburse the associated costs.

OPIC may require one or more of the

following documents to satisfy a project’s EA

requirements:

Environmental Impact Statement (EIS). By

statute and Executive Order (EO) 12114 (See

Appendix A), OPIC is required to prepare,

and to take fully into account, an EIS for any

project ‘‘significantly affecting the

environment of the global commons outside

the jurisdiction of any nation (e.g., the oceans

or Antarctica).’’ Given the discrete nature of

projects assisted by OPIC, it is considered

unlikely that any single project assisted by

OPIC would have a sufficiently large impact

on the global commons to warrant an EIS.

However, the cumulative impacts of several

large projects could conceivably have an

impact on extraterritorial waters or the

atmosphere sufficient to trigger the

requirement.

As prescribed by EO 12114, such an EIS

should be concise and no longer than

necessary to permit an informed

consideration of the environmental effects of

the proposed project and the reasonable

alternatives. It should include the following

sections: (1) Purpose and need for the

proposed project; (2) a sufficient description

of the environment of the global commons

affected by the proposed action; (3) an

analysis, in comparative form, of the

environmental consequences on the global

commons of the proposed action; and (4)

reasonable alternative means of structuring

the project.

In lieu of preparing a new EIS, the

Executive Order permits OPIC to rely on one

of the following: A pre-existing EIS for the

same project; a project involving similar

environmental issues; a generic EIS covering

a number of similar projects; or an EIS

obtained by other agencies.

Environmental Impact Assessment (EIA).

An EIA is a comprehensive assessment of the

diverse impacts of a project on the natural

and human environment. It includes a

detailed description of pre-existing

conditions (‘‘baseline assessment’’), all

project activities having a potential

environmental impact (from pre-construction

through decommissioning and site

reclamation), and the net impacts of the

project, taking into account alternative

mitigative measures. It also considers the

relationship of the project to the natural and

human environment in the affected area and

the cumulative impacts of those activities.

The content and format for an EIA will vary

depending on industry sector, the site and

other project-specific factors. (A generic

format for an EIA is provided in Appendix

B.)

Environmental Management and

Monitoring Plan (EMMP). An EMMP is

designed to specify in detail the actions—

both technical and managerial—that the

applicant or sponsor will undertake in order

to mitigate anticipated adverse impacts of the

project on the environment, health and

safety. It also describes the technology and

methodology used to monitor the actual

impacts of the project on the environment

and the standards and procedures to be used

for adjusting mitigative measures as

necessary to maintain impacts within an

acceptable range. (A generic format for an

EMMP is suggested in Appendix C.) While

ISO 14000 Environmental Management

Systems implementation is not a substitute

for a project-specific EMMP, a project

sponsor’s adherence to the ISO criteria can

facilitate the process of developing an

acceptable EMMP.

Major Hazard Assessment (MHA). An

MHA is a specialized form of EA designed to

identify and assess the risks of catastrophic

events resulting from the operation of an

industrial facility. For projects requiring an

MHA, OPIC requires completion of the MHA,

preferably as part of the EIA process, but no

later than the commencement of project

operations. The categories of facilities subject

to an MHA as well as the content and format

of an MHA are outlined in the ‘‘World Bank

Guidelines for the Identification, Analysis

and Control of Major Hazard Installations in

Developing Countries,’’ a copy of which is

available from OPIC.

Environmental Audit (EAU). If the

investment involves the acquisition of a preexisting facility or a site on which industrial

activity previously occurred, the project may

also be subject to an EAU. An EAU is

designed to identify pre-existing adverse

environmental, health or safety conditions

that could affect future impacts from the

facility or site. (A generic format for an EAU

is suggested in Appendix D.) ISO

Environmental Auditing criteria are a useful

adjunct to, although not a substitute for,

performance-based auditing that is required

to meet OPIC EAU requirements.

Environmental Remediation Plan (ENR).

The project may involve the remediation of

environmentally adverse conditions at a site.

In this case the applicant will be required to

provide OPIC with an ENR, similar in format

to an EMMP, and designed to address the

issues raised in the audit.

An EMMP, EAU or ENR may be included

as part of an EIA. Other documents prepared

to satisfy the requirements of other lenders

may be submitted to OPIC so long as the

documentation addresses the substantive

issues needed for OPIC to complete its

review of the project.

Screening

The type of EA required for a particular

project, including the timing and the level of

effort involved, depends upon the nature of

the project. Therefore, the first step in OPIC’s

EA is screening, in which OPIC’s

Environmental Unit assigns each project to

one of the following categories:

Category A: Projects in this category can be

expected to have potentially significant,

diverse and irreversible environmental

impacts. Such projects can be readily

identified on the basis of industry sector or

site sensitivity. They require a full-scale EIA,

as well as an EMMP. A fairly comprehensive
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices 5647

list of industries and sites within this

category is provided in Appendix E. Category

B: Projects in this category may result in

specific environmental impacts and require

adherence to certain predetermined

performance standards, guidelines, or design

criteria to avoid or mitigate impacts. Due to

their nature, size or location, such projects

can be readily assessed in terms of their

environmental impacts and mitigation

measures can be readily identified. Projects

not included in Categories A, C, or D (as

defined above and below) can be expected to

belong to Category B. Examples of such

project categories include: Agriculture,

electrical distribution, electronics, food

processing, light manufacturing,

telecommunications, textiles and tourism.

Information required from the applicant

typically includes the following: Site

description; processes involved; materials

used and stored on site; air, liquid, and solid

wastes generated in relation to applicable

standards; and occupational health and

safety measures.

Category C: This category includes projects

that are normally exempt from all

environmental assessment, analysis or review

because they do not normally result in any

environmental impact. Examples of such

projects include branch banking and

computer software development.

Category D: This category includes

financial intermediaries (FIs) that make

investments in or provide financing (loans,

leases, etc.) to multiple projects or

enterprises (‘‘subprojects’’) engaged in

activities within categories A and B. OPIC

screens these subprojects to determine the

type of environmental review required. Also

taken into account is the nature and size of

the FI’s involvement in the subproject.

Expedited reviews are conducted for

Category B subprojects involving less than

$5.0 million in investment, subject to further

review if the FI proceeds with additional

investments in the same subproject.

Environmental Standards

All projects must comply with host

country environmental regulations. In

addition, for most categories of activities,

OPIC requires that projects meet World Bank

environmental, health and safety guidelines.

Therefore, whenever possible, applicants

should provide OPIC with summaries or

copies of applicable host country regulations

as part of their EIA (for Category A projects)

or as information provided in support of their

application (for Category B projects).

Government permits and certifications of

compliance are necessary in this regard,

although not always sufficient to establish

compliance.

World Bank guidelines were most recently

officially issued in 1988 and many of the

guidelines themselves date from the early

1980s. For that reason, OPIC has opted to use

the draft guidelines prepared by the World

Bank in May 1994 for the majority of

industrial categories. (Use of the 1994 draft

guidelines is consistent with the current

practice of the International Finance

Corporation pending the issuance of revised

World Bank guidelines.) (For certain

industries not included in the 1994 draft,

OPIC may consider compliance with the

1988 guidelines acceptable.) As the Bank

continues to update its guidelines, OPIC will

substitute more current versions of particular

guidelines on a case-by-case basis by

industry. (A comprehensive list of official

and draft World Bank and U.S. Exim

guidelines for industry sectors as well as

ecologically sensitive sites is contained in

Appendix F. All are available from OPIC on

request).

For certain environmentally sensitive

industries or circumstances, OPIC may

require a project to meet a more restrictive

standard than the World Bank guidelines,

including, in some cases, emissions, effluent,

ambient air and water quality limitations set

by the U.S. Environmental Protection

Agency, the World Health Organization or a

similar authority.

OPIC does not attempt to prescribe to its

potential clients the choice of technologies or

processes they must use to meet the

applicable guidelines. However, standards of

best practice developed by governments,

industry and non-governmental organizations

can be useful in providing guidance to OPIC

and its clients in assessing alternatives and

their feasibility. For this purpose OPIC is

developing, in consultation with experts,

international best practice guidelines for

three sectors of particular importance to

OPIC’s mandate with respect to

environmental impact: power generation;

metals mining; and forestry (both tropical

and temperate/boreal). Copies of these best

practice guidelines will be available from

OPIC on request.

Eligibility Determinations

The primary purpose of OPIC’s

environmental review is to determine the

eligibility of the project based on OPIC’s

statutory obligation to decline support for

projects posing ‘‘unreasonable or major

environmental, health or safety hazards’’.

OPIC interprets ‘‘health or safety’’ to apply

both to project employees and to the affected

public living or working in the vicinity of the

project.

In addition, OPIC is also required by

statute to operate its programs in a manner

consistent with sections 117, 118 and 119 of

the Foreign Assistance Act (FAA). These

provisions pertain to environmental

assessment, and the protection of tropical

forests and endangered species, respectively.

Grounds for Declining Assistance to

Projects. There are several circumstances

under which OPIC will decline support for

a project on environmental grounds:

• The applicant fails to provide OPIC with

an EIA for a Category A project or with

adequate information about a Category B

project to conduct a review sufficient to

determine project eligibility on

environmental grounds.

• The project will, in OPIC’s

determination, result in

—Significant degradation of a national park,

similar protected area or tropical rainforest;

—The destruction of or significant

degradation in the habitat of an endangered

species; and/or

—Other ‘‘unreasonable or major

environmental, health or safety hazards.’’

OPIC provides applicants with the

opportunity to demonstrate that the proposed

project does not pose an ‘‘unreasonable or

major environmental or safety hazard’’ and is

otherwise consistent with the letter and

intent of the FAA provisions. However, at

one time or another, OPIC has declined to

support projects on one or more of the above

grounds.

Conditionality. In many cases,

determinations of eligibility rely on critical

representations made by the client with

respect to baseline environmental conditions,

mitigative measures and net impacts of

proposed projects. In addition to the EMMP

or ENR submitted by the applicant, OPIC

may require the application of additional

mitigative measures in order to ensure that a

project will not pose an unreasonable or

major environmental, health or safety hazard.

These critical representations and those

undertakings agreed to by the applicant or

sponsor may be included in project

documentation as preconditions to contract

execution, conditions of disbursement and/or

ongoing covenants, depending on the type of

agreement entered into between OPIC and

the applicant. Where OPIC insures an

institutional lender, contract conditions are

incorporated into the loan documentation.

Environmental conditions and covenants

are developed in close consultation with the

client to minimize the cost to the project and

to ensure that they are consistent with the

host country’s legal framework, objectively

measurable and verifiable, and allow for

sufficient flexibility to address issues if

circumstances change.

Monitoring and Compliance

OPIC’s environmental assessment process

is an ongoing one and continues through the

full term of OPIC’s relationship with the

project sponsor.

Monitoring. OPIC reserves the right to

monitor projects’ compliance with

environmental representations and

undertakings throughout the term of its

insurance or financing. Monitoring may take

the form of self-reporting by the investor of

summaries and, in specified cases, raw data

obtained from monitoring a project’s

environmental performance (emissions,

effluents or other waste discharges) as well

as its environmental impacts (e.g., on

ambient conditions and biological resources).

Monitoring may also take the form of third

party evaluation, including compliance

information developed by host government

authorities, co-lenders/co-insurers and

independent auditors.

OPIC routinely conducts on-site

monitoring of projects, using OPIC staff and/

or consultants, for environmental as well as

U.S. economic and host country development

effects. OPIC endeavors to monitor all

Category A projects on-site at least once

during the first three years of project

commitment, and more frequently depending

on the environmental sensitivity of the

project. Category B and D projects are also

subject to monitoring on a random and

selective basis.

Non-compliance, Remediation and

Termination. Material non-compliance with

environmental representations and
5648 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices

undertakings may constitute an event of

default under the terms of OPIC insurance

contracts and loan agreements. Depending on

the severity and reversibility of the

environmental impact and the investor’s

responsibility and due diligence in

attempting to prevent the default and in

curing the problem, OPIC may treat the

default as curable or incurable. In the case of

a curable default, OPIC works cooperatively

with the investor to develop a feasible

timetable for remediation. In the case of an

incurable default, OPIC may require contract

termination in the case of insurance, or

acceleration of repayment or other available

lenders’ remedies, in the case of a loan. If an

equity investment on the part of an FI is

involved, divestiture by the FI may be

required. In all cases, OPIC seeks to work

cooperatively with investors and lenders to

arrive at an equitable resolution of the

situation, subject, of course, to the

requirements of other lenders and insurers.

Public Consultation and Disclosure

The environmental assessment process has

become an increasingly public and

transparent process among environmental

regulatory agencies in the United States and

in some, although not all, foreign countries.

Likewise, multilateral development agencies

that provide assistance to governments and

other public sector clients have also made

their activities more transparent to the public

in both donor and host countries.

OPIC recognizes the added value that

interested and well-informed members of the

public can bring to the environmental

assessment process undertaken by its clients

as well as by OPIC itself. Grass roots as well

as international non-governmental

organizations (NGOs) often have access to

information and perceptions about potential

environmental impacts and resulting social,

economic and cultural impacts that need to

be carefully considered as early as possible

in the assessment process.

At the same time, the plans and proposals

of private sector investors are often business

confidential, and, in such cases, must be

strictly protected from disclosure. While

OPIC is subject to the disclosure

requirements of the Freedom of Information

Act, those requirements contain an

exemption for business confidential

information that is protected from disclosure

under the Trade Secrets Act.

In submitting project-specific information

to OPIC, including Environmental Impact

Assessments, audits, management and

remediation plans as well as monitoring

reports, applicants must specify which

information has been or will be made public

in any format, including in the host country.

Because OPIC’s goal is to provide the public

with a level of comfort about its

environmental process, applicants are

strongly encouraged to submit environmental

information in a form that can be shared with

the public without compromising business

confidentiality. Any information that is

identified as a public document will be

treated as such by OPIC in a response to a

specific request for such information.

Business confidential information will be

accorded confidential treatment to the full

extent permitted by law.

When OPIC receives an application for

insurance or financing for an

environmentally sensitive project or

subproject (coinciding with all projects

within Category A, as defined above) OPIC

will list the nature of the project and its

location on OPIC’s Home Page on the World

Wide Web (http://www.opic.gov). No

business confidential information will be

disclosed. This list will be updated monthly,

and any comments received will be

considered in OPIC’s processing of the

application. Additional information about

projects may be provided to OPIC at any time

throughout the term of the project.

Questions about this Environmental

Handbook should be addressed to the

Director, Environmental Affairs, Overseas

Private Investment Corporation, 1100 New

York Avenue, NW, Washington, DC 20527;

Phone (202) 336–8614; Fax (202) 218–0177.

Appendix A—OPIC Statute (Environmental

Provisions)

All references are to the Foreign Assistance

Act of 1961 (FAA), as amended, most

recently by the Jobs Through Exports Act of

1992.

Section 231 * * *. The Corporation, in

determining whether to provide insurance,

financing or reinsurance for a project, shall

especially—

(3) ensure that the project is consistent

with the provisions of section 117, (as so

redesignated by the Special Foreign

Assistance Act of 1986), section 118, and

section 119 of this Act relating to the

environment and natural resources of, and

tropical forests and endangered species in,

developing countries, and consistent with the

intent of regulations issued pursuant to

sections 118 and 119 of this Act.

In carrying out its purpose, the

Corporation, utilizing broad criteria, shall

undertake—

(n) to refuse to ensure, reinsure, guarantee

or finance any investment in connection with

a project which the Corporation determines

will pose a major or unreasonable

environmental, health or safety hazard, or

will result in the significant degradation of

national parks or similar protected areas.

Section 237. General Provisions Relating to

Insurance, Guaranty and Financing Programs

(m)(1) Before finally issuing insurance,

reinsurance, guarantees, or financing under

this title for any environmentally sensitive

investment in connection with a project in a

country, the Corporation shall notify

appropriate government officials of that

country of—

(A) All guidelines and other standards

adopted by the International Bank for

Reconstruction and Development and any

other international organization relating to

the public health and safety or the

environment which are applicable to the

project; and

(B) To the maximum extent practicable,

any restriction under any law of the United

States relating to public health or safety or

the environment that would apply to the

project if the project were undertaken in the

United States.

The notification under the preceding

sentence shall include a summary of the

guidelines, standards and restrictions

referred to in subparagraphs (A) and (B), and

may include any environmental impact

statement, assessment, review or study

prepared with respect to the investment

pursuant to section 239(g).

Section 239. General Provisions and Powers

(g) The requirements of section 117(c) of

this Act relating to environmental impact

statements and environmental assessments

shall apply to any investment which the

Corporation insures, reinsures, guarantees, or

finances under this title in connection with

a project in a country.

Environmental Assessment Procedures for

Executive Order 12114

On January 4, 1979 the President issued

Executive Order 12114 (44 FR 1957) entitled

‘‘Environmental Effects Abroad of Major

Federal Actions’’. The Executive Order

requires federal agencies taking action

encompassed by the Order, and not

exempted from it, to effectuate procedures to

implement the Order. The Overseas Private

Investment Corporation (OPIC) is

implementing the Executive Order by the

adoption of the following procedures to take

effect on September 4, 1979.

Section 1. Purpose

As required by Executive Order 12114,

issued January 4, 1979, which is incorporated

herein by reference, the following procedures

shall be used by OPIC to ensure that all

significant environmental effects of its

actions outside the United States are

considered by OPIC in its review of proposed

insurance and finance projects. These

procedures shall supplement OPIC’s existing

environmental procedures and guidelines

required by the Foreign Assistance Act as

amended (the ‘‘Act’’), as set forth in OPIC

Board of Directors Resolution (74) 16 * * *

and the ‘‘OPIC Environmental Handbook’’.

Section 2. Definition

A. Application. The term ‘‘application’’

means a formal request to OPIC in the

manner specified by OPIC for assistance

under an OPIC program from an eligible

private party interested in investing in a

project in a foreign nation.

B. Environment. The term ‘‘environment’’

means the natural and physical environment

and excludes social, economic, and other

environments.

C. Global Commons. The term ‘‘global

commons’’ means areas outside the exercise

of any national jurisdiction.

D. Host Country. The term ‘‘host country’’

means the foreign country in which a project

for which OPIC assistance is sought is or will

be located.

E. Major Action. The term ‘‘major action’’

means a contractual commitment by OPIC to

provide assistance under an OPIC program

involving at least $1 million of insured

investment, loan guaranties or direct loans, if

the applicant therefor has or will have

sufficient control over the design and/or

operation of the project to mitigate

environmental concerns raised by OPIC.

F. OPIC Programs. The term ‘‘OPIC

programs’’ includes OPIC’s insurance, direct

loan and loan guaranty programs as

authorized by the Act.
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices 5649

G. Significant Effects. With respect to

effects on the environment outside the

United States, a proposed action has a

significant effect on the environment if it

does significant harm to the environment

even though on balance the action is believed

to result in beneficial effects on the

environment.

Section 3. Applicability of Procedures

A. Scope. Except as provided in

Subsections B, C, and D below, these

procedures shall apply with respect to OPIC’s

review of each new application for assistance

under an OPIC program, whether for new

projects or expansions of existing projects, if

a favorable decision on such application will

result in a major action by OPIC.

B. Exemptions. If upon the initial review

of an application the OPIC insurance or

finance officer making such review

determines that the project for which OPIC

assistance is sought has no significant effects

upon the environment outside the United

States, these procedures shall not apply. If

upon further review of the application, and

prior to taking action, it is determined that

the project may have a significant effect upon

the environment, this exemption shall no

longer apply. Also exempt from these

procedures are actions falling within the

categories listed in Section 2–5(ii) through

(vii) of the Executive Order, as limited by

Section 2–5(d). A concise administrative

record will be prepared to document these

determinations.

C. Categorical Exclusions. These

procedures shall not apply to the review of

an application for any project falling within

the scope of any category of projects which

are determined to involve no significant

effects on the environment. OPIC’s

Investment Committee shall have the

authority to establish such categorical

exclusions.

D. Special Exemptions. These procedures

shall not apply to the review of any

application for which the General Counsel

determines that an exemption is necessary as

a result of emergency circumstances,

situations involving exceptional foreign

policy or national security sensitivity or

other special circumstances (except as

limited by Section 2–5(d) of the Executive

Order). In utilizing any such special

exemption, OPIC, through its designated

Environmental Officer, shall consult as soon

as feasible with the Department of State and

the Council on Environmental Quality.

Section 4. Initial Determinations

A. With respect to any application for OPIC

assistance falling within the scope of Section

3(A) above, the OPIC officer reviewing such

application shall make the following

determinations which shall be documented

by a concise administrative record:

1. Whether the proposed project is likely

to have a significant effect on the

environment of the global commons;

2. Whether the proposed project is likely

to have a significant effect on the

environment of a foreign country other than

the host country; and

3. Whether the proposed project is likely

to have a significant effect on the

environment of a foreign country because it

would provide to that country.

(a) A product, or physical project

producing a principal product or an emission

or effluent, which is prohibited or strictly

regulated by Federal law in the United States

because its toxic effects on the environment

create a serious public health risk, such as

asbestos, vinyl chloride, acrylonitrile,

isocyanates, polychlorinated biphenyls,

mercury, beryllium, arsenic, cadmium, and

benzene; or

(b) A physical project which in the United

States is prohibited or strictly regulated by

Federal law to protect the environment

against radioactive substances.

4. Whether the proposed project is likely

to have a significant effect on natural or

ecological resources of global importance

hereafter designated for protection by the

President or, in the case of such a resource

protected by international agreement binding

on the United States, by the Secretary of

State.

B. The determination required in

Subsection A above shall be based upon the

information contained in the application,

information reasonably available to OPIC and

such additional information from the

applicant as deemed necessary by the

reviewing officer.

C. In the event that the reviewing officer

makes a positive determination with respect

to any of the categories specified in

Subsection A above (i.e. that a significant

effect is likely to result), and such

determination is not reversed upon review by

a supervisory officer or by the Investment

Committee, the finance or insurance

department, as the case may be, in

consultation with OPIC’s Environmental

Officer, shall take the following actions, as

appropriate, prior to acting on the

application:

1. If the harmful effect is of the type

described in Subsection A(1) above, an

environmental impact statement shall be

obtained in the manner specified in Section

5 below. Such an environmental impact

statement shall consider only the effects

described in Subsection A(1), regardless of

whether the project would result in other

kinds of environmental effects.

2. If the harmful effect is of the type

described in Subsection A(2), A(3) or A(4)

above, an environmental study or an

environmental review shall be prepared in

the manner specified in Section 6 below.

Section 5. Environmental Impact Statement

A. If a department within OPIC is required

by Section 4(C)(1) to cause the preparation of

an environmental impact statement for a

particular project, it shall do so in

accordance with Subsection B below. If an

environmental impact statement for the

proposed project, a project involving similar

environmental issues or a generic statement

covering a host of similar projects already

exists, no new environmental impact

statement shall be required. When one or

more other agencies are also involved in a

particular project requiring an environmental

impact statement OPIC may rely upon an

environmental impact statement obtained by

one or more of the other agencies.

B. Environmental impact statements shall

be concise and no longer than necessary to

permit an informed consideration of the

environmental effects of the proposed project

and the reasonable alternatives. The

statement shall include a section on the

consideration of the purpose of and need for

the proposed project; a section that provides

a succinct description of the environment of

the global commons affected by the proposed

action; and a section that analyzes, in

comparative form, the environmental

consequences on the global commons of the

proposed action and of reasonable alternative

means of structuring the project.

Section 6. Environmental Studies and

Reviews

A. If a department is required under

Section 4(C)(2) to produce an environmental

study or review, it shall, in consultation with

the Environmental Officer, determine

whether an environmental study as described

in Subsection B below which deals with the

environmental aspects of the proposed

project is available or will be undertaken

elsewhere. If no relevant environmental

study is or will be available, the OPIC

department, in consultation with the

Environmental Officer, shall undertake the

preparation of an environmental review as

described in Subsection C below with, as

appropriate, the assistance of the applicant

and of other federal agencies having

jurisdiction by law or special expertise. If an

environmental review for the proposed

project or a project involving similar

environmental issues or a generic review

covering a class of similar projects already

exists, no new environmental review shall be

required hereunder. When one or more

agencies are involved with OPIC on a

particular project, a lead agency may be

designated to prepare the environmental

review.

B. An environmental study shall consist of

a bilateral or multilateral study by the United

States and one or more foreign nations or by

an international body or organization in

which the United States is a member or

participant.

C. An environmental review shall consist

of a concise analysis of important

environmental issues relating to a proposed

project, including identification of such

issues and of the significant effects to the

environment. The department involved in

the preparation of an environmental review

shall consider the following factors in

deciding the scope, substance, and timing of

review and the availability of the review to

other agencies:

1. The need to avoid infringement or the

appearance of infringement on the sovereign

responsibilities and internal affairs of another

government;

2. The availability of meaningful

information on the environment of a foreign

nation;

3. The need to protect confidential

business information and trade secrets of the

applicant;

4. The desirability of acting promptly upon

applications under OPIC programs;

5. The desirability of the project in terms

of its export promotion and developmental

effects;
5650 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices

6. OPIC’s ability to influence the design

and/or implementation of the proposed

project; and

7. The need to protect sensitive foreign

affairs information and information received

from another government with the

understanding that it will be protected from

disclosure.

Section 7. Decision

The required environmental documents

developed in accordance with these

Procedures shall accompany the application

through the review process to enable officers

responsible for approving an application and,

if necessary, the Board of Directors, to be

informed and to take account of the

environmental considerations covered by

such documents.

Section 8. Availability

Subject to the consideration of Section

6(C), environmental documents developed

under these procedures shall be available to

the Department of State, Council on

Environmental Quality and other federal

agencies and shall be included in the public

information files for the pertinent

applications. Foreign governments affected

thereby may also be informed of such

documents after coordinating with the

Department of State regarding such

communication with the foreign government.

Effective Date. These procedures become

effective on September 4, 1979.

Dated: August 27, 1979, J. Bryce Llewellyn,

President.

Appendix B—Recommended Content and

Format for Environmental Impact

Assessment (Category A Projects)

I. Executive Summary

A. Concise project description

B. Identification of project sponsors,

operators and contractors

C. Baseline environmental conditions

D. Applicable environmental standards

E. Proposed mitigation measures

F. Net environmental impacts

II. Policy, Legal and Administrative

Framework

A. Applicable host country environmental

and occupational safety and health laws

and regulations

B. Relevant international agreements

C. Requirements of potential investors,

lenders and insurers

III. Baseline Conditions in Area Potentially

Affected by Project (‘‘Project Area’’)

A. Designation of project area perimeters

B. Physical geography (climate, geology,

topography)

C. Natural events history (earthquakes,

floods, fires, storms, volcanic eruptions,

etc.)

D. Biological environment

1. Proximity to national parks and other

protected areas

2. Identification of unique or sensitive

natural habitats of internationally or

locally recognized rare, threatened or

endangered species

3. Renewable and non-renewable natural

resources

E. Human environment

1. Distribution of residential and

occupational population in project area

2. Description of previous, current and

planned land use activities in or near

project area

3. Habitation or use of project area by

indigenous peoples

F. Environmental quality of project area

1. Ambient air conditions (including

seasonal variations)

(a) Sulfur dioxide

(b) Particulates

(c) Nitrogen oxides

(d) Carbon monoxides

(e) Airborne toxics

2. Water supply, quality and end use

(human consumption, agriculture, plant

and animal habitat)

(a) Marine waters, including estuaries

(b) Surface waters (rivers, streams, lakes)

(c) Groundwater

3. Noise levels

4. Soil conditions, including

contamination from previous or current

activities

G. Archeological, historical or cultural

resources

IV. Potential (Unmitigated) Environmental,

Health and Safety Impacts

A. Sources and volumes of untreated

airborne, liquid, and solid waste and

potential impacts of unmitigated

discharge on the environment

B. Potential impacts on natural and

biological resources

C. Potential human impacts:

1. Positive: Employment, services,

economic opportunities

2. Negative: Resettlement and economic

displacement

D. Potential occupational health and safety

hazards

E. Potential for major safety and health

hazards beyond the workplace

V. Proposed Environmental Prevention and

Mitigation Measures (including a

thorough discussion of alternatives and

justifications for measures selected)

A. Waste minimization measures

B. Waste treatment and disposal measures

C. Natural resource management (e.g.

sustainable management of biological

resources and protection of endangered

species and their habitats)

D. Mitigation of human impacts:

compensation, training, etc.

E. Occupational safety and health measures

F. Major hazard prevention and emergency

response

VI. Projected Net Environmental Impacts

(post-mitigation)

A. Physical impacts (e.g., topography,

ground and surface water supply, soil

conservation)

B. Biological impacts (flora, fauna and

related habitat with particular attention

to threatened and endangered species;

natural resources, e.g. primary forests,

coral reefs, mangroves, etc.)

C. Net discharges of airborne, liquid and

solid wastes and resulting ambient

impacts as compared to applicable host

country, World Bank and other relevant

regulatory standards and guidelines

D. Net exposures by workers to safety and

health hazards

E. Net potential for major hazards

F. Consistency with applicable

international agreements

VII. Appendices

A. Permits issued and pending from

environmental authorities

B. Author information

1. Names, affiliations and qualifications of

project team

2. Relationship of authors to project

sponsors

C. Record of meetings held as part of EIA,

including public hearings and

consultations with government and nongovernmental organizations

D. Reference bibliography

E. Technical data not included in text

Appendix C—Recommended Content and

Format for Environmental Management and

Monitoring Plan

I. Applicable Regulatory Standards and

Guidelines

A. Host country laws and regulations

B. Sponsor, investor, lender and insurance

requirements

C. International agreements

II. Environmental Management Measures

A. Potential impacts and corresponding

preventive and mitigative measures

B. Equipment specifications for preventive

and mitigative measures

C. Operational and maintenance

procedures

III. Organizational Responsibilities and

Management Issues

A. Operations

B. Supervision

C. Internal enforcement

D. Monitoring

E. Remedial actions

IV. Training Requirements

V. Monitoring and Reporting Procedures

A. Parameters to be monitored

1. airborne emissions and corresponding

ambient air impacts

2. liquid effluents and corresponding

ambient impacts on receiving waters

3. Physical impacts

4. Natural resource and biological impacts

5. Human impacts

6. Workplace conditions

(a) Accident frequency and severity

(b) Worker exposures to hazardous

substances

7. Impacts of dedicated offsite

infrastructure and facilities

B. Frequency of monitoring

C. Monitoring techniques and procedures

1. Equipment and instrumentation

2. Quality assurance/quality control (QA/

QC) procedures

3. Personnel and training requirements

D. Reporting procedures

1. Internal

2. External (e.g. to local authorities)

Appendix D—Recommended Content and

Format For Environmental Audit

I. Executive Summary

A. Environmental, safety and health areas

of concern

B. Recommended mitigation measures/

enhancement opportunities: priorities

C. Implementation schedule

II. Project Description

A. Location
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices 5651

B. Past operations history

C. Current operations

III. Applicable Regulations and Guidelines

IV. Audit Procedure (protocol)

A. Historical research

B. Records review

C. Interviews

D. Site inspections

E. Sampling and analysis (quality

assurance and control) procedures

V. Review of Environmental Management

A. Environmental management structure

B. Emergency, security and safety plans

C. Company-community interaction

program

D. Handling of complaints and media

coverage

VI. Environmental Impacts

A. Air emissions

B. Liquid effluents

C. Solid (non-hazardous) waste treatment

D. Hazardous materials and management

E. Noise and vibration

F. Groundwater and soil contamination

VII. Occupational Safety and Health

A. Summary of accident reporting,

recording and investigation

B. Health and safety management

C. Site safety procedures

D. Medical monitoring program

E. Air quality

F. Noise level exposure

G. Chemical/material handling

H. Temperature exposure

I. Personal protective equipment

J. Emergency response capability

K. Fire protection

L. Training programs

VIII. Conclusions

IX. Mitigation Recommendations

A. Identify appropriate measures

B. Priorities

C. Implementation schedule

X. Environmental Enhancement

Opportunities

A. Energy and energy conservation

B. Waste minimization

C. Cleaner technology initiatives

D. Training programs

XI. Annexes

A. Names of those responsible for

preparing audit

B. Written material references used

C. Records of consultations

D. Other data

Audit checklists for specific industry

sectors are available from OPIC.

Appendix E— Category A: Projects

Requiring Environmental Impact

Assessment

I. Industrial Categories

A. Large-scale industrial plants

B. Industrial estates

C. Crude oil refineries

D. Large thermal power projects (200

megawatts or more)

E. Major installations for initial smelting of

cast iron and steel and production of

non-ferrous metals

F. Chemicals

1. Manufacture and transportation of

pesticides

2. Manufacture and transportation of

hazardous or toxic chemicals or other

materials

G. All projects which pose potential

serious occupational or health risks

H. Transportation infrastructure

1. Roadways

2. Railroads

3. Airports (runway length of 2,100 meters

or more)

4. Large port and harbor developments

5. Inland waterways and ports that permit

passage of vessels of over 1,350 tons

I. Major oil and gas developments

J. Oil and gas pipelines

K. Disposal of toxic or dangerous wastes

1. Incineration

2. Chemical treatment

L. Landfills

M. Large dams and reservoirs

N. Pulp and paper manufacturing

O. Mining

P. Offshore hydrocarbon production

Q. Major storage of petroleum,

petrochemical and chemical products

R. Forestry/large-scale logging

S. Large-scale wastewater treatment

T. Domestic solid waste processing

facilities

U. Large-scale tourism development

V. Large-scale power transmission

W. Large-scale reclamation

X. Large-scale agriculture involving the

intensification or development of

previously undisturbed land

Y. All projects with potentially major

impacts on people or serious

socioeconomic concerns

II. Projects in, or Sufficiently Near Sensitive

Locations of National or Regional

Importance, to Have Perceptible

Environmental Effects on:

A. National parks

B. Wetlands

C. Areas of archeological significance

D. Areas prone to erosion and/or

desertification

E. Areas of importance to ethnic groups/

indigenous peoples

F. Natural forests

G. Protected wildlands

H. Nationally designated refuges

I. Coral reefs

J. Mangrove swamps

K. Nationally designated seashore areas

L. Endangered species habitat

M. Properties on the World Heritage List

Appendix F—Index of World Bank and U.S.

Export-Import Bank Environmental, Health

and Safety Guidelines

I. Guidelines: Impacts

A. Air quality (Exim, WB 94, WB pending)

1. Sulfur dioxide

(a) Ambient levels (WB 88)

(b) Emissions standards (WB 88)

(c) Sampling and analysis (WB 88)

(d) Sulfur oxides (WB 95)

2. Airborne particulates (WB 95)

(a) Dust emissions (WB 88)

(b) Electrostatic precipitators (WB 88)

3. Nitrogen oxides (WB 95)

(a) Emissions (WB 88)

(b) Sampling and analysis (WB 88)

4. Transboundary pollution (WB 91)

(a) Acid rain (WB pending)

5. Airshed modeling (WB pending)

6. Emissions monitoring (WB pending)

7. Elimination of ozone-depleting

substances (WB 3/96)

B. Water use and quality (Exim)

1. Irrigation and drainage (WB 88*, 91)

2. Water supply (WB 91)

C. Wastewater treatment (WB pending)

1. Effluents, disposal of industrial wastes

(WB 88)

2. Wastewater collection, treatment, reuse

and disposal (WB 91)

(a) Reuse (WB 94)

3. Liquid effluents: land disposal and

treatment (WB 88)

4. Sludge treatment (WB pending)

D. Solid waste collection and disposal

E. Management of hazardous and toxic

materials and waste (Exim, WB pending)

F. Occupational health

1. General guidelines (WB 88)

2. Safety (WB 88)

G. Sludge treatment (WB pending)

H. Site planning and management (WB 91,

WB pending)

I. Hazardous materials management (WB

91)

1. In small and medium scale industries

(WB 85)

2. Polychlorinated biphenyls (PCBs) (WB

94)

3. Asbestos

(a) Sampling and analysis of airborne

asbestos (WB 88)

(a) Use in manufacturing industries (WB

88)

J. Natural hazards (Exim, WB 91)

1. Earthquake protection (WB 88, 93)

K. Major industrial hazards (WB 85, 91)

L. Socioeconomic and sociocultural effects

(Exim)

1. Core issues (WB 91)

2. Induced development (WB 91)

3. Ecologically sensitive areas (WB 91)

4. Indigenous peoples (WB 91)

5. Cultural property (WB 91)

6. Cultural heritage in environmental

assessment (WB 9/94)

M. Resettlement (WB 91, 94)

N. Wildland management (WB 91, 94)

O. Wetlands (WB 91)

P. Tropical forests (WB 91)

Q. Arid and semi-arid lands (WB 91)

R. Coastal zone management (WB 91)

S. Land and water resource management

(WB 91)

T. Noise (Exim, WB 88)

U. International treaties and agreements

(WB 91)

V. International waterways (WB 91)

W. Biological diversity (WB 91)

X. Secondary environmental effects (WB

88)

Y. Privatization (WB 4/94)

II. Guidelines: Industries

A. General industry and energy (Exim, WB

94)

1. Small and medium scale industries (WB

91)

B. Heavy machinery (WB pending)

C. Cleaner production (WB pending)

D. Rehabilitation of old plants (WB

pending)

E. Aluminum (WB 88, 88, WB pending)

F. Iron and steel (Exim, WB 88, 91, 94, 95)

1. General considerations (WB 88)

2. Blast furnaces (WB 88)

3. Coke ovens (WB 88, 88)

4. Ore preparation, sintering and

pelletizing (WB 88)
5652 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices

5. Rolling and finishing operations (WB 88)

6. Steel making process (WB 88, 88)

7. Foundries (WB pending)

(a) Iron and steel (WB 88)

(b) Non-ferrous (WB 88)

(c) Mini-steel mills (WB 95)

G. Mining and milling (Exim, WB 91)

1. Strip/surface: sediment and erosion

control, land reclamation (WB 88)

2. Open pit (WB 88, 94)

3. Underground (WB 88, 94)

4. Base metal and iron ore (WB 95)

5. Non-ferrous (WB 88, 91)

6. Coal mining (WB 88, 88, 95)

7. Asbestos mining and milling (WB 88)

H. Mineral processing

1. Copper and nickel (WB 88, 94, WB

pending)

2. Lead and zinc (WB 88, 88 (lead))

3. Silver, tungsten, columbium and

tantalum (WB 88)

4. Metal fabrication (WB pending)

5. Sulfuric acid plants (WB 88)

I. Oil and gas development (Exim, WB

pending)

1. Onshore (WB 94)

2. Offshore (WB 88)

J. Pipelines: Oil and gas (WB 91)

1. Oil pipelines (WB 88)

2. Oil and gas pipelines onshore (WB 91)

3. Oil and gas pipelines offshore(WB 91)

K. Geothermal energy (WB 88, WB

pending)

L. Hydroelectric projects (WB 91)

M. Power plants: General (Exim)

1. Thermoelectric projects: general (WB 88,

91)

2. Rehabilitation (WB pending)

3. Emissions: General (WB 94)

4. Thermal (WB 94, 95)

5. Gas turbine (Exim 94)

6. Engine driven (WB 94)

7. Small scale boilers (WB pending)

N. Electric power transmission and

distribution (WB 91, 94)

O. Battery manufacturing (WB 88)

P. Forestry

1. Natural forest management (WB 91)

2. Logging (Exim, WB 94)

Q. Plantations/reforestation (WB 91, 94)

R. Palm oil industry (WB 88)

S. Sawmills (WB 88, 94)

T. Wood products industries (WB 94)

1. Plywood (WB 88, 88) and furniture (WB

pending)

2. Wood preserving (WB pending)

U. Pulp and paper (Exim, WB 88, 88, 91,

94, WB pending)

V. Petroleum refineries (Exim, WB 88, 91,

94, 95)

W. Rubber (WB 88) and plastics (WB

pending)

X. Chemicals and petrochemicals (WB 91)

1. Organic chemicals (WB pending)

2. Inorganic chemicals (WB pending)

3. Nitric acid plants (WB 88)

4. Petrochemical facilities (Exim, WB

pending)

5. Polyvinyl chloride processing (WB 88)

Y. Ethanol production (WB 88)

Z. Printing (WB pending)

AA. Pharmaceuticals (WB pending)

BB. Cement (WB 88, 88, 91, 94, 95)

CC. Chlor-alkali (WB 88, 95)

DD. Coke manufacturing (WB 95)

EE. Fertilizer (WB 91, 94)

1. Fertilizer manufacturing wastes (WB 88)

2. Mixed fertilizer (WB 95)

3. Nitrogenous fertilizer (WB 95)

4. Phosphate fertilizer (WB 95)

FF. Pesticides

1. Pesticides manufacturing (WB 88, WB

pending)

2. Pesticides formulation (WB pending)

3. Packaging and labeling (WB 88)

4. Transportation and distribution (WB 88)

5. Handling and application (WB 88, 88,

91, 94)

6. Rodenticides (WB 88, 88)

GG. Fishing and shipbuilding (WB 88, 91)

HH. Watershed development (WB 91)

II. Dams and reservoirs (WB 91)

JJ. Flood protection (WB 91)

KK. Agriculture

1. Production management (WB 91)

2. Integrated pest management (WB 91)

LL. Livestock and rangeland management

(WB 91)

MM. Food and beverage processing (WB

91, 94)

1. Agroindustry (WB 91)

2. Dairy (WB 88, 88, 94, 95)

3. Fruit and vegetable processing (WB 88,

88, 95)

4. Vegetable oils (WB pending)

5. Tea and coffee (WB 88, WB pending)

(a) Coffee (WB 88)

(b) Tea (WB 88)

6. Breweries (WB pending)

7. Poultry processing (WB 88)

8. Fish processing (WB 88, 88, 94, WB

pending)

9. Meat processing (WB 88, 88, 94, 95)

(a) Slaughterhouses: industrial waste

disposal (WB 88)

(b) Slaughterhouses: design (WB 88)

(c) Slaughterhouses: occupational safety

(WB 88)

10. Cane sugar (WB 88, WB pending)

(a) Agricultural operations (WB 88)

(b) Mill and refinery operations (WB 88)

11. Grain handling and storage (WB 88)

NN. Gas terminals (WB 94)

OO. Glass manufacturing (WB 88, WB

pending)

1. Flat glass manufacturing (WB 94)

PP. Electronics (WB pending)

QQ. Instruments (WB pending)

RR. Plating and electroplating (WB 88, 88,

95)

SS. Dye manufacturing (WB pending)

TT. Coatings manufacturing (WB pending)

UU. Hospitals (WB 94)

VV. Tourism and hospitality (WB pending)

1. Hotels and resorts (WB 94)

WW. Rail transit systems (WB 94)

XX. Roads and highways (WB 91)

1. Rural roads (WB 91)

YY. Ports and harbor facilities (WB 91)

ZZ. Inland navigation (WB 91)

AAA. Large-scale housing projects (WB 91)

BBB. Telecommunications (WB 94)

CCC. Textiles (WB 88, 88, 94, 95)

1. Wool scouring (WB 88)

2. Cotton ginning (WB 88)

DDD. Tanning (WB 88, 88, 95)

References. (Appendix F)

WB 88—The World Bank, Environmental

Guidelines, September 1988

WB 88—The World Bank, Occupational

Health and Safety Guidelines, September

1988

WB 91—The World Bank, Environmental

Assessment Sourcebook, (3 volumes)

1991

WB 94—‘‘World Bank Environment, Health

and Safety Guidelines,’’ Draft 1994

WB 95—The World Bank, Industrial

Pollution Prevention and Abatement

Handbook, Preliminary Version (June

1995)

WB pending—World Bank guidelines under

development

Exim—Export-Import Bank of the United

States, ‘‘Environmental Procedures and

Guidelines,’’ April 2, 1996

Appendix G—Format for Host Government

Notification Letter

[date]

Minister of State for Environment

Republic of lllllllllllllll

Dear Mr./Madam Minister: The Overseas

Private Investment Corporation (OPIC) is

proposing to issue financing/insurance for an

investment in [name of host country] by a

U.S. company. OPIC is an agency of the

United States Government, with the mandate

of facilitating economically productive and

environmentally sound U.S. private

investments in developing countries and

emerging economies.

OPIC is required by U.S. law to notify

appropriate host government authorities of

investments under consideration for OPIC

assistance, which have the potential to pose

significant consequences for the

environment. The project that is the subject

of this notification involves an investment by

[name of applicant] in the construction and

operation of [concise description of project].

The potential environmental hazards

associated with [industry sector] includes

[air, water, solid/hazardous waste, etc.].

Based on information provided to us by the

investor, the project does not appear to pose

significant hazards to the environment,

public health, or safety resulting from the

diverse impacts of [industry sector].

OPIC is also required to provide your

government with information about

standards and guidelines applicable to such

investments that have been developed by

international organizations or by federal

environmental regulatory authorities of the

United States. The relevant World Bank and

U.S. Environmental Protection Agency

guidelines are attached for your information.

We understand, of course, that the project

will be subject to the laws of [name of host

country] with respect to the protection of the

environment as well as occupational health

and safety.

If you have any questions about OPIC’s

environmental assessment of this project, you

may contact OPIC’s Director of

Environmental Affairs at the above address or

[phone/fax].

Sincerely yours,

[Name] lllllllllllllllll

President and Chief Executive Officer

Enclosures

Appendix H—Glossary

Environmental Assessment (EA)—

analytical tool used to anticipate potential

impacts of particular activities on the natural
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Notices 5653

environment and on humans dependent on

that environment.

Environmental Audit (EAU)—assessment

of environmental and related human impacts

of pre-existing or ongoing activities.

Environmental Impact Assessment (EIA)—

comprehensive analytical effort designed to

anticipate environmental impacts of major

projects having the potential to have

significant, diverse and irreversible impacts

on the natural environment and on humans

dependent on that environment.

Environmental Impact Statement (EIS)—

comprehensive analytical effort designed to

anticipate environmental impacts of major

federal actions affecting the global commons

outside of the jurisdiction of any nation.

Environmental Management and

Monitoring Plan (EMMP)—systematic

program designed to prevent, mitigate and

monitor anticipated environmental and

related human impacts of prospective and

ongoing activities.

Environmental Remediation Plan (ENR)—

systematic program designed to reverse

adverse environmental impacts of previous

activities at a site.

European Bank for Reconstruction and

Development (EBRD)—multilateral

development bank established in 1990 to

assist in the economic, social and political

development of Central and Eastern Europe

and the New Independent States of the

former Soviet Union. Other members include

the European Community and the United

States.

Export-Import Bank of the United States

(Exim)—independent U.S. government

agency that helps finance the overseas sales

of U.S. goods and services.

Financial Intermediary (FI)—investment

fund, bank, or other financial institution that

lends directly to projects or investment funds

guaranteed or insured by OPIC that invest in

projects (‘‘subprojects’’) subject to OPIC

approval on policy grounds.

Foreign Assistance Act (FAA)—Foreign

Assistance Act of the United States

International Finance Corporation (IFC)—

affiliate of the World Bank group that makes

loans to and investments in private sector

projects in developing countries and

emerging markets.

ISO 14000—basic elements of an effective

environmental management system as

developed by the Technical Committee of the

International Standards Organization to

provide organizations worldwide with a

common approach to environmental

management.

Major Hazard Assessment (MHA)—

analytical tool used for identifying, analyzing

and controlling potential major hazards to

human health and safety resulting from

storage and processing of toxic and

hazardous substances.

World Bank (WB)—International Bank for

Reconstruction and Development.

Dated: March 31, 1997.

James Offutt,

Assistant General Counsel, Administrative

Affairs.

[FR Doc. 97–2874 Filed 2–5–97; 8:45 am]

BILLING CODE 3210–01–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive

Environmental Response,

Compensation and Liability Act

Notice is hereby given that a proposed

consent decree in United States v. Atlas

Foundry Company, Inc., et al., Civil

Action No. 1:97 CV 0015, was lodged on

January 16, 1997, with the United States

District Court for the Northern District

of Indiana. The consent decree settles an

action brought under Section 107 of the

Comprehensive Environmental

Response, Compensation and Liability

Act, 42 U.S.C. §§ 9601, et seq.,

(‘‘CERCLA’’) for the recovery of past

costs incurred by the United States in

responding to a release or threat of

release of hazardous substances at the

Marion/Bragg Landfill Superfund Site in

Grant County, Indiana (the ‘‘Site’’).

Under the terms of the proposed decree,

the settling defendants will pay the

United States $750,000 in settlement of

the United States’ past costs claims

against them.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, D.C. 20530, and

should refer to United States v. Atlas

Foundry Company, Inc., et al., DOJ Ref.

#90–11–3–251A.

The proposed consent decree may be

examined at the Office of the United

States Attorney for the Northern District

of Indiana, Fort Wayne Division, 1300

South Harrison Street, Room 3128, Fort

Wayne, Indiana, 46802; the Region 5

Office of the Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, IL 60604; and at the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005, (202)

624–0892. A copy of the proposed

consent decree may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005. In

requesting a copy please refer to the

referenced case and enclose a check in

the amount of $6.75 (25 cents per page

reproduction costs), payable to the

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 97–2904 Filed 2–5–97; 8:45 am]

BILLING CODE 4410–15–M

Notice of Lodging of Consent Decree

and Settlement Agreement Pursuant to

the Clean Air Act

In accordance with the Clean Air Act,

42 U.S.C. § 7413(g) and Departmental

Policy, 28 C.F.R. § 50.7, notice is hereby

given that a proposed Consent Decree

and proposed Settlement Agreement in

Concerned Citizens for Nuclear Safety,

Inc. & Patrick Jerome Chavez v. United

States Department of Energy & Siegfried

S. Hecker, Civil No. 94–1039 M

(D.N.M.), were lodged with the United

States District Court for the District of

New Mexico on January 14, 1997. Final

approval and entry of the proposed

Consent Decree and final approval of

the Settlement Agreement are subject to

the requirements of section 113(g) of the

Clean Air Act, 42 U.S.C. § 7413(g), and

the provisions of 28 C.F.R. § 50.7.

The Consent Decree and Settlement

Agreement resolve allegations that the

Los Alamos National Laboratory

(‘‘LANL’’), located in Los Alamos, New

Mexico, was not in full compliance with

the national emission standard for

radionuclides, as set forth at 40 C.F.R.

§§ 61.90–61.97 (‘‘Subpart H’’). Under

the proposed Consent Decree, the U.S.

Department of Energy would be

required to contract for, fund and

facilitate performance of comprehensive

independent technical audits described

in the Consent Decree, operate

additional AIRNET stations, add

thermoluminescent dosimeters to detect

gamma and thermal neutron emissions,

and to make a payment of $150,000 to

the U.S. Treasury. The proposed

Settlement Agreement would require, in

part, the U.S. Department of Energy to

fund a program at the University of New

Mexico and to conduct radiation

education training for the community.

The Department of Justice will receive

written comments relating to the

proposed Consent Decree and

Settlement Agreement for a period of 30

days from the date of publication of this

notice. Comments should be addressed

to Alan D. Greenberg, U.S. Department

of Justice, Environmental Defense

Section, 999 18th Street, Suite 945,

Denver, CO 80202, should refer to

Concerned Citizens for Nuclear Safety,

Inc. & Patrick Jerome Chavez v. United

States Department of Energy & Siegfried

S. Hecker, Civil No. 94–1039 M

(D.N.M.), and should also make

reference to DJ# 90–5–2–1–1749A.

The proposed Consent Decree and

Settlement Agreement may be examined

at the Clerk’s Office, United States

District Court for the District of New

Mexico, 500 Gold Avenue, 10th Floor,

Albuquerque, NM 87102 or at the Los

Alamos National Laboratory Reading