63336 Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices

regulation, policy, or guidance must

select the forms of participation best

suited to the issues and audiences

interested in that particular regulation.

These can include: written comments

submitted in response to notice of

proposed rulemaking, policy, or

guidance or an advance notice of

proposed rulemaking; comment from

established Federal Advisory Committee

Act (FACA) groups that advise the

Agency on policy issues; public briefing

sessions or meetings held to elicit views

on specific rules; and regulatory

negotiation groups. Federal Executive

Orders 12866 (Regulatory Planning and

Review) and 12875 (Enhancing

Intergovernmental Partnerships) as well

as EPA policy require timely and

meaningful intergovernmental

consultation with affected states,

localities and tribes. Planning for

intergovernmental consultation should

consider what governmental entities

will be affected, how they may be

affected, and what issues are likely to

concern them. The lead program office

is required to develop consultation

plans to set out processes for public

participation and intergovernmental

consultation that will be followed for a

rule-making.

An additional level of review for

significant regulations is carried out by

the Office of Management and Budget

(OMB) under Executive Order 12866 to

ensure that guidance, regulations, and

policies are consistent with applicable

law and the President’s priorities. This

process assures that, in deciding

whether and how to regulate, agencies

have assessed the costs and benefits of

the various approaches to regulation

when appropriate, including the

alternative of not regulating (this

corresponds to the ‘‘no action’’

alternative which would be considered

in a NEPA document). As appropriate,

this process also includes review of the

regulation, policy or guidance by other

Federal agencies to assure consistency

with their policies and any planned

actions and includes a process for

resolution of Federal interagency

disputes.

Public Comments

EPA seeks comment on these

proposed changes to the existing Policy.

To ensure full consideration, comments

must be submitted within 60 days of

publication of this Notice to the

Contacts listed above.

Date: November 21, 1997.

Richard E. Sanderson,

Director, Office of Federal Activities.

[FR Doc. 97–31251 Filed 11–26–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5928–7]

Agency Information Collection

Activities; OMB Responses

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This document announces the

Office of Management and Budget’s

(OMB) responses to Agency clearance

requests, in compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.). An agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

The OMB control numbers for EPA’s

regulations are listed in 40 CFR Part 9

and 48 CFR Chapter 15.

FOR FURTHER INFORMATION CONTACT:

Sandy Farmer (202) 260–2740, please

refer to the appropriate EPA Information

Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance

Requests

OMB Approvals

EPA ICR No. 1807.01; National

Emission Standards for Hazardous Air

Pollutants for Pesticide Active

Ingredient; was approved 11/07/97;

OMB No. 2060–0370; expires 11/30/

2000.

EPA ICR No. 1056.06; NSPS for Nitric

Acid Plants—Subpart G; was approved

11/14/97; OMB No. 2060–0019; expires

11/30/2000.

EPA ICR No. 1711.02; Voluntary

Customer Service Satisfaction Surveys;

was approved 11/12/97; OMB No. 2090–

0019; expires 10/31/99.

EPA ICR No. 1824.01; State Use of

EPA’s Policy on Compliance Incentives

for Small Businesses or Comparable

State Policy on Reducing Penalties for

Small Entities; was approved 11/04/97;

OMB No. 2020–0011; expires 04/30/98.

Short Term Extensions

EPA ICR No. 1723.01; Reporting and

Recordkeeping Requirements for the

Importation of Nonconforming Marine

Engines; expiration date was extended

from 01/31/98 to 05/31/98.

Change in Expiration Date

EPA ICR No. 1743.01; Application for

Motor Vehicle Emission Certification of

Air Revisions to the Federal Test

Procedure (FTP); OMB No. 2060–0332;

expiration date was changed from 04/

30/98 to 11/30/97.

Dated: November 21, 1997.

Joseph Retzer,

Division Director, Regulatory Information

Division.

[FR Doc. 97–31274 Filed 11–26–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5929–7]

Notice of Proposed Administrative De

Minimis Settlement Under Section

122(g)(4) of the Comprehensive

Environmental Response,

Compensation, and Liability Act,

Regarding the Carroll & Dubies

Superfund Site, Town of Deerpark,

New York

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed

administrative agreement and

opportunity for public comment.

SUMMARY: In accordance with section

122(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act of

1980, as amended (CERCLA), 42 U.S.C.

9622(i), the U.S. Environmental

Protection Agency (EPA) Region II

announces a proposed administrative de

minimis settlement pursuant to section

122(g)(4) of CERCLA, 42 U.S.C.

9622(g)(4), relating to the Carroll &

Dubies Superfund Site (the ‘‘Site’’),

Town of Deerpark, Orange County, New

York. This Site is on the National

Priorities List established pursuant to

section 105(a) of CERCLA, 42 U.S.C.

9605(a). This document is being

published to inform the public of the

proposed settlement and of the public’s

opportunity to comment.

This settlement, memorialized in an

Administrative Order on Consent

(Order), is being entered into by EPA

and the Reynolds Metals Company

(Respondent), and is the second and

final de minimis settlement between

these parties for this Site. The

Respondent contributed a relatively

minimal amount of hazardous

substances to the Site and is eligible for

a de minimis settlement under section

122(g) of CERCLA. Under the Order, the

Respondent has agreed to pay EPA

$14,154.03, toward the costs of certain

past and future response actions at the

Site. In exchange, Respondent will

receive a covenant not to sue from EPA

relating to liability for the Site under

sections 106 or 107(a) of CERCLA, 42

U.S.C. 9606 or 9607(a).
Federal Register / Vol. 62, No. 229 / Friday, November 28, 1997 / Notices 63337

DATES: EPA will accept written

comments relating to the proposed

settlement until December 29, 1997.

ADDRESSES: Comments should be

addressed to Sharon E. Kivowitz, New

York/Caribbean Superfund Branch,

Office of Regional Counsel, U.S.

Environmental Protection Agency, 290

Broadway, 17th Floor, New York, New

York 10007–1866 and should refer to: In

Re: Carroll & Dubies Superfund Site,

Town of Deerpark, New York, EPA

Index No. II–CERCLA–97–0211.

FOR FURTHER INFORMATION CONTACT: U.S.

Environmental Protection Agency,

Office of Regional Counsel, New York/

Caribbean Superfund Branch, 17th

Floor, 290 Broadway, New York, New

York, 10007–1866, (212) 637–3183,

Attention: Sharon E. Kivowitz.

Dated: November 18, 1997.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 97–31269 Filed 11–26–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5929–1]

Deminimis Settlement Under Section

122(g) of the Comprehensive

Environmental Response,

Compensation and Liability Act; In the

Matter of Powell Road Landfill Site,

Huber Heights, Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; Deminimis settlement.

SUMMARY: EPA is proposing to settle

claims with certain deminimis

potentially responsible parties (PRPs)

regarding past and estimated future

response costs at the Powell Road

Landfill Site in Huber Heights, Ohio.

EPA is authorized under section

122(i)(1) of the Comprehensive

Environmental Response, Compensation

and Liability Act of 1908, as amended

(CERCLA), to enter into this settlement.

The U.S. Department of Justice has

approved this settlement, consistent

with section 122(g)(4) of CERCLA. Total

response costs for the Site are

approximately $26,925,537: $4,735,237

in past costs incurred by certain PRPs in

connection with the Remedial Design

for the Site and EPA oversight through

December 31, 1996; and $22,940,300 in

estimated future costs, including future

oversight. The estimated future costs

figure was reduced by $750,000 to

account for certain PRP generators who

are insolvent or defunct. The settling

PRPs will pay approximately $918,582

for response costs related to the Powell

Road Site. EPA is proposing to approve

this deminimis settlement because the

monies recovered will deposited into

the Powell Road Landfill Special

Account within the EPA Hazardous

Substances Superfund and shall be used

to finance the response action that will

be implemented and conducted by the

major PRPs under a Remedial Action

Consent Decree for the Site.

On May 13, 1997, EPA sent the

deminimis settlement offer and

Administrative Order on Consent

(Consent Order) to 182 deminimis PRPs

(170 commercial/industrial generators

and 12 transporters). The Consent Order

gives substantial releases from liability

under CERCLA, including the United

States’ covenant not to sue for past and

future liability, and contribution

protection from suit by other PRPs at the

Site. The Consent Order provides for

settlement with generator PRPs who are,

individually, responsible for less than

.96% of the total volume of allocable

hazardous waste sent to the Site; and

transporter PRPs who are, individually,

responsible for less than 1.34% of the

total volume of allocable hazardous

waste sent to the Site. 71 of the 182

deminimis PRPs executed binding

certifications of their consent to

participate in the deminimis settlement.

Settling deminimis PRPs will be

required to pay their fair share of the

past and estimated future response costs

at the Site, including a 75% premium

assessed against the estimated future

response costs to account for potential

cost overruns, the potential for failure of

the selected response action to clean up

the Site, and other risks. The settlement

payment amount for each deminimis

PRP is based upon each deminimis

PRP’s ‘‘adjusted weighted share’’ of

waste that it contributed to the Site,

expressed as a percentage of the total

volume of allocable waste contributed to

the Site by all PRPs. In order to promote

a fair allocation of responsibility

between the different types of PRPs,

EPA developed an adjusted weighted

share percentage for each PRP. This

figure is based upon each PRP’s actual

volumetric contribution of waste to the

Site, adjusted to account for the

evidence linking the PRP to the Site and

the nature of waste contributed by the

PRP, and the PRP’s usage of the Powell

Road Site from 1959 to 1973, the period

during which no documentation exists

regarding the volume of waste

contributed to the Site. The settlement

payment amount for each deminimis

generator was calculated by multiplying

each deminimis generator’s adjusted

weighted share percentage by the

portion of total site costs, including

premium, allocated to the deminimis

generator class (37.5% of total site costs

or $16,338,098). The settlement

payment amount for each deminimis

transporter was calculated by

multiplying each deminimis

transporter’s adjusted weighted share

percentage by the portion of total site

costs, including premium, allocated to

the deminimis transporter class (10% of

total site costs or $4,356,826).

DATES: Comments on this deminimis

settlement must be received on or before

December 29, 1997.

ADDRESSES: Written comments relating

to this deminimis settlement, Docket

No. V–W–97–C–401, should be sent to

Constandina A. Kallos, Associate

Regional Counsel, U.S. Environmental

Protection Agency, Region 5, Mail Code:

C–29A, 77 West Jackson Boulevard,

Chicago, Illinois 60604–3590.

FOR FURTHER INFORMATION CONTACT:

Copies of the Administrative Order on

Consent and the Administrative Record

for this Site are available at the

following address for review. It is

strongly recommended that you

telephone Mike Bellot at (312) 353–6425

before visiting the Region 5 Office.

U.S. Environmental Protection Agency,

Region 5, Superfund Division, 77

West Jackson Boulevard, Chicago,

Illinois 60604–3590.

Authority: The Comprehensive

Environmental Response, Compensation, and

Liability Act of 1980, as amended, 42 U.S.C.

9601 et seq.

William E. Muno,

Director, Superfund Division, Region 5.

[FR Doc. 97–31281 Filed 11–26–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–59286]

Proposed CERCLA Administrative De

Micromis Settlement; Waste, Inc.

AGENCY: Environment Protection

Agency (EPA).

ACTION: Notice; request for public

comment.

SUMMARY: In accordance with section

122(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act, as

amended (CERCLA), 42 U.S.C. 9622(i),

notice is hereby given of a proposed

administrative de micromis settlement

concerning the Waste Inc., Superfund

site in Michigan City, Indiana, with the

settling parties included in the

Supplementary Information portion of

this document. The settlement is