61112 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

Dated: November 10, 1997.

William D. Dickerson,

Director, NEPA Compliance Division, Office

of Federal Activities.

[FR Doc. 97–30023 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5920–9]

Investigator-Initiated Grants: Request

for Applications

AGENCY: Environmental Protection

Agency

ACTION: Notice of request for

applications.

SUMMARY: This notice provides

information on the availability of the

fiscal year 1998 investigator-initiated

grants program announcements, in

which the areas of research interest,

eligibility and submission requirements,

evaluation criteria, and implementation

schedule are set forth. Grants will be

competitively awarded following peer

review.

DATES: Receipt dates vary depending on

the specific research area within the

solicitation and are listed below.

FOR FURTHER INFORMATION CONTACT: U.S.

Environmental Protection Agency,

National Center for Environmental

Research and Quality Assurance

(8703R), 401 M Street SW, Washington

DC 20460, telephone (800) 490–9194.

The complete announcement can be

accessed on the Internet from the EPA

home page: http://www.epa.gov/ncerqa.

SUPPLEMENTARY INFORMATION: In its

Requests for Applications (RFA) the

U.S. Environmental Protection Agency

(EPA) invites research grant

applications in the following areas of

special interest to its mission: (1)

Ecological Indicators, (2) Drinking

Water, (3) Air Pollution Chemistry and

Physics, (4) Urban Air Toxics, (5) Health

Effects and Exposures to Particulate

Matter and Associated Air Pollutants,

and (6) Decision-making and Valuation

for Environmental Policy (joint with the

National Science Foundation).

Applications must be received as

follows: January 15, 1998, for topic (6);

January 29, 1998, for topics (3) and (5);

February 12, 1998, for topic (4); and

February 26, 1998 for topics (1) and (2).

The RFAs provide relevant

background information, summarize

EPA’s interest in the topic areas, and

describe the application and review

process.

Contact person for the Ecological

Indicators RFA is Barbara Levinson

(levinson.barbara@epamail.epa.gov),

telephone 202–564-6911; for Drinking

Water, William Stelz

(stelz.william@epamail.epa.gov),

telephone 202–564–6834; for Air

Pollution Chemistry and Physics, Urban

Air Toxics, and Health Effects and

exposures to Particulate Matter and

Associated Air Pollutants is Deran

Pashayan

(pashayan.deran@epamail.epa.gov),

telephone 202–564–6913; and for

Decision-making and Valuation for

Environmental Policy is Deborah

Hanlon

(hanlon.deborah@epamail.epa.gov),

telephone 202–5646836.

Dated: November 3, 1997.

Approved for publication:

S. A. Lingle,

Acting Assistant Administrator for Research

and Development.

[FR Doc. 97–30018 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5921–9]

Mississippi River/Gulf of Mexico

Watershed Nutrient Task Force

Meeting

The U.S. Environmental Protection

Agency (EPA) Announces the Following

Meeting

Name: First Meeting of the Mississippi

River/Gulf of Mexico Watershed Nutrient

Task Force.

Time and Date: 9:30 a.m.–5:00 p.m.,

December 4, 1997.

Place: Key Bridge Marriott, 1401 Lee

Highway, Arlington, Virginia 22209,

telephone 703/524–6400.

Status: Open to the public, limited only by

the space available. The room accommodates

approximately 150 people.

Purpose: A Task Force consisting of

Federal, State, and Tribal members, will lead

an effort to coordinate and support nutrient

management and hypoxia related activities in

the Mississippi River and Gulf of Mexico

watersheds.

Matters To Be Discussed: Agenda items

include: eutrophication of large areas of the

Gulf of Mexico associated with drainage of

the Mississippi River Basin; economic and

ecological effects of recurring periods of low

dissolved oxygen (hypoxia) in the Gulf of

Mexico; and coordination of activities to

reduce the size, severity, and duration of this

phenomenon. The public will be afforded an

opportunity to provide comments on these

issues. Anyone interested in speaking should

contact the person listed below prior to the

meeting.

Contact Person for More Information: Dr.

Mary Belefski, U.S. EPA, Assessment and

Watershed Protection Division (AWPD), 401

M Street, S.W. (4503F), Washington, D.C.

20460, telephone 202/260–7061; Internet:

belefski.mary@epamail.epa.gov.

Dated: November 10, 1997.

Dana Minerva,

Deputy Assistant Administrator, Office of

Water.

[FR Doc. 97–30016 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5921–5]

Announcement and Notice of

Availability of the General Policy on

Superfund Ability to Pay

Determinations

SUMMARY: As part of EPA’s continuing

commitment to foster fairness in the

enforcement process, the Agency is

issuing this policy to explain what is

necessary for an acceptable ability to

pay (ATP) settlement in Superfund

cases. It is EPA’s intent to balance the

need for settling environmental liability

equitably without jeopardizing the

viability of a business or creating an

undue financial hardship for either

businesses or individuals. The main text

of the policy document addresses

general issues that apply to the ATP

process and ATP settlements. The

policy document also contains two

appendices that address issues specific

to making ATP determinations for

individuals and businesses. The policy

document establishes an ‘‘undue

financial hardship’’ standard for

determining a party’s ability to pay its

share of Superfund cleanup costs, and

uses a two-part analysis to determine

what is an acceptable ATP settlement

amount. The first part of the analysis,

called the ‘‘balance sheet phase,’’ looks

at the assets, liabilities, and owners’

equity of the ATP Candidate, calculating

the amount of money available from

excess cash, the sale of assets that are

not ordinary and necessary, borrowing

against assets, and owners’ equity. The

second part of the analysis, called the

‘‘income and cash flow statement

phase,’’ looks at the income and

expenses of the party and generally

calculates ‘‘available income’’ for a

Superfund settlement over a five-year

period. In calculating ‘‘available

income,’’ the analysis takes into account

‘‘increased future needs’’ (i.e., ordinary

and necessary expenses that will be

incurred by the ATP Candidate that

have not been incurred in the past or

that were incurred previously but which

are expected to be significantly greater

than in the past).
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 61113

FOR FURTHER INFORMATION CONTACT:

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) 564–5115. The

policy is available electronically at

http://www.epa.gov/envirosense/oeca/

osre/osredoc.html. Copies of the policy

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, PB97–199731. 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:

orders@ntis.fedworld.gov.

Dated: September 30, 1997.

Barry Breen,

Director, Office of Site Remediation

Enforcement.

[FR Doc. 97–30011 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5921–6]

Announcement and Notice of

Availability of the Guidance on EPA

Participation in Bankruptcy Cases

SUMMARY: The purpose of this guidance

is to identify the factors to be

considered by the Environmental

Protection Agency in determining

whether to participate in a bankruptcy

case, including whether to pursue

collection of costs or penalties against

debtors who have liability under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) or other environmental

statutes. This guidance also addresses

issues in bankruptcy cases relating to

the abandonment of contaminated

property, cleanup activities under

CERCLA on property included in the

bankruptcy estate, and the impact of the

automatic stay on different types of

administrative and judicial enforcement

activities. It supersedes the ‘‘Guidance

Regarding CERCLA Enforcement

Against Bankrupt Parties,’’ OSWER

Directive #9832.7 (May 24, 1984) and

the ‘‘Revised Hazardous Waste

Bankruptcy Guidance,’’ OSWER

Directive #9832.8 (May 23, 1986).

FURTHER INFORMATION CONTACT: Andrea

Madigan, USEPA Region IV, 61 Forsyth

Street, Atlanta, GA 30303. Phone: (404)

562–9518. Copies of the document are

available from the 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)

564–5115. The guidance document is

also available electronically at http://

www.epa.gov/envirosense/oeca/osre/

osredoc.html. Copies of the policy 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, PB98–103146. 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:

orders@ntis.fedworld.gov.

Dated: September 30, 1997.

Steven A. Herman,

Assistant Administrator, Office of

Enforcement and Compliance Assurance.

[FR Doc. 97–30014 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5921–8]

Announcement and Notice of

Availability of an Addendum to the

‘‘Interim CERCLA Settlement Policy’’

Issued on December 5, 1984

SUMMARY: This memorandum is an

addendum to the ‘‘Interim CERCLA

Settlement Policy’’ which was issued by

the U.S. Environmental Protection

Agency (EPA) and the U.S. Department

of Justice (DOJ) on December 5, 1984 (50

FR 5024, February 5, 1985). That policy

sets forth the general principles

governing settlements with potentially

responsible parties under the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA). On June 3, 1996, EPA

issued an ‘‘Interim Guidance on Orphan

Share Compensation for Settlors of

Remedial Design/Remedial Action and

Non-Time-Critical Removals.’’ Because

that guidance document does not apply

to CERCLA cost recovery settlements in

which the parties are not agreeing to

perform remedial design/remedial

action work or a non-time critical

removal, EPA and DOJ are issuing the

addendum to provide the Regions with

direction for addressing potential

compromises of CERCLA cost recovery

claims due to the existence of a

significant orphan share.

FOR FURTHER INFORMATION CONTACT:

Laura Bulatao (202–564–6028) or Deniz

Ergener (202–564–4233), Office of Site

Remediation Enforcement, 401 M St.,

SW, 2273A, Washington, D.C. 20460 or

Bob Brook in the Environmental

Enforcement Section of the Department

of Justice at (202) 514–2738. This

addendum is available electronically at

http://www.epa.gov/envirosense/oeca/

osre/osredoc.html. 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, PB98–103138. 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:

orders@ntis.fedworld.gov.

Dated: September 30, 1997.

Steven A. Herman,

Assistant Administrator, Office of

Enforcement and Compliance Assurance

Environmental Protection Agency.

[FR Doc. 97–30012 Filed 11–13–97; 8:45 am]

BILLING CODE 6560–50–P

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