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