[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Pages 61113-61114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30013]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5921-7]


Announcement and Notice of Availability of the Interim Policy on 
Settlement of CERCLA Section 106(b)(1) Penalty Claims and Section 
107(c)(3) Punitive Damages Claims for Noncompliance with Administrative 
Orders

SUMMARY: This policy is intended to make calculation of civil penalties 
and punitive damages under the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) for purposes of settlement a 
fair and effective process for deterring noncompliance with EPA's 
administrative orders. The policy contains an innovative approach 
toward penalty calculation which takes into account factors 
particularly relevant to CERCLA cases by incorporating both harm and 
equitable adjustment factors into a single ``harm-recalcitrance'' 
matrix. Factors such as the noncomplier's degree of responsibility for 
the site and ability to finance compliance with an administrative order 
are considered early in the calculation process to encourage companies 
that have greater responsibility for the creation of the CERCLA site 
and/or are better able to finance a cleanup to step forward and work 
with other viable potentially responsible parties to take 
responsibility

[[Page 61114]]

for cleanups. The policy provides for smaller penalties for 
noncompliance by smaller contributors to Superfund sites, companies 
with limited financial resources, and less sophisticated parties. This 
policy reserves the highest penalties for the most egregious 
offenders--the noncompliers who are financially capable of performing, 
who are most responsible for creating the Superfund site, and whose 
failure to perform results in actual harm to human health, the 
environment, or EPA's enforcement and response program, or results in 
serious inequities to complying parties. Consistent with the Agency's 
``Policy on Civil Penalties'' (Feb. 16, 1984), this policy should be 
used only in cases where the government is settling civil penalty and 
punitive damages claims.

FURTHER INFORMATION CONTACT: Steven Rollin, Policy and Guidance Branch, 
Policy and Program Evaluation Division, Office of Site Remediation 
Enforcement, 401 M St., SW, 2273A, Washington, D.C. 20460. Phone: (202) 
564-5142. The policy is available electronically at <a href="http://www.epa.gov/
envirosense/oeca/osre/osredoc.html">http://www.epa.gov/
envirosense/oeca/osre/osredoc.html</a>. Copies of this document can be 
ordered from the National Technical Information Service (NTIS), U.S. 
Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161. 
Each order must reference the NTIS item number, PB97-208086. For 
telephone orders or further information on placing an order, call NTIS 
at (703) 487-4650 or (800) 553-NTIS. For orders via E-mail/Internet, 
send to the following address: <a href="/cdn-cgi/l/email-protection#670815030215142709130e14490102031008150b0349000811"><span class="__cf_email__" data-cfemail="48273a2c2d3a3b08263c213b662e2d2c3f273a242c662f273e">[email protected]</span></a>.

    Dated September 30, 1997.
Steven A. Herman,
Assistant Administrator, Office of Enforcement and Compliance 
Assurance.
[FR Doc. 97-30013 Filed 11-13-97; 8:45 am]
BILLING CODE 6560-50-P


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