Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices 22063

hazard potential of the substances, as

well as the potential for contamination

of drinking water supplies, direct

human contact, destruction of sensitive

ecosystems, damage to natural resources

affecting the human food chain,

contamination of surface water used for

recreation or potable water

consumption, and contamination of

ambient air.

Under this ICR the States will apply

the HRS by identifying and classifying

those releases that warrant further

investigation. The HRS score is crucial

since it is the primary mechanism used

to determine whether a site is eligible to

be included on the National Priorities

List (NPL). Only sites on the NPL are

eligible for Superfund-financed

remedial actions.

HRS scores are derived from the

sources described in this information

collection, including field

reconnaissance, taking samples at the

site, and reviewing available reports and

documents. States record the collected

information on HRS documentation

worksheets and include this in the

supporting reference package. States

then send the package to the EPA region

for a completeness and accuracy review,

and the Region then sends it to EPA

Headquarters for a final quality

assurance review. If the site scores

above the NPL designated cutoff value,

and if it meets the other criteria for

listing, it is then eligible to be proposed

on the NPL.

Burden Statement: Depending on the

number and type of activities

performed, burden for the collection of

site assessment information is estimated

to range from 130 to 2,170 hours per

site. The number of hours required to

assess a particular site depends on how

far a site progresses through the site

assessment process. Sites where only a

Preliminary Assessment is performed

will typically require approximately 130

hours, while sites that progress to NPL

listing will require approximately 2,170

hours. The burden estimates include

reporting activities and minimal

recordkeeping activities. The States are

reimbursed 100% of their costs, except

for record maintenance. The ICR does

not impose burden for HRS activities on

local governments or private businesses.

Respondents: State agencies

requesting oversight of the site.

Estimated Number of Respondents: 50

States.

Estimated Total Annual Burden on

Respondents: 363,000 hours.

Frequency of Collection: one time;

section 116(b) requires an HRS

evaluation within four years of the site’s

entry into the EPA CERCLIS database.

Send comments regarding the burden

estimate, or any other aspect of this

information collection, including

suggestions for reducing the burden,

(please refer to EPA ICR #1488.03 and

OMB #2050–0095) to:

Sandy Farmer, EPA ICR #1488.03, U.S.

Environmental Protection Agency,

Regulatory Information Division

(2136), 401 M Street, SW.,

Washington, DC 20460 and

Jonathan Gledhill, OMB #2050–0095,

Office of Management and Budget,

Office of Information and Regulatory

Affairs, 725 17th Street, NW.,

Washington, DC 20530.

Dated: April 28, 1995.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 95–11034 Filed 5–3–95; 8:45 am]

BILLING CODE 6560–50–M

[Docket No. 95F–00 FRL–5202–8]

Interim Revised Clean Water Act

Settlement Penalty Policy Issued

AGENCY: Office of Enforcement and

Compliance Assurance, Environmental

Protection Agency.

ACTION: Notice.

SUMMARY: Assistant Administrator Steve

Herman of the Office of Enforcement

and Compliance Assurance issued an

‘‘Interim Revised Clean Water Act

Settlement Penalty Policy’’ on February

28, 1995. This Interim Policy supersedes

the 1986 Clean Water Act Penalty Policy

and six subsequent guidances.

FOR FURTHER INFORMATION CONTACT:

David Hindin, 202–564–6004 or

Kenneth Keith, 202–564–4031, Office of

Regulatory Enforcement, U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: Section

309 of the Clean Water Act (CWA), (33

U.S.C. 1319) authorizes the

Administrator of the U.S.

Environmental Protection Agency

(‘‘EPA’’ or ‘‘Agency’’) to bring civil

judicial and administrative actions

against persons who violates various

Federal water pollution control

standards and requirements in the

CWA. In such actions the Administrator

may seek civil penalties.

EPA brings enforcement actions to

require alleged violators to promptly

correct the violations and remedy any

harm caused by the violations. As part

of an enforcement action, EPA also

seeks monetary penalties. Penalties

promote environmental compliance and

help protect public health by deterring

future violations by the same violator

and deterring violations by other

members of the regulated community.

Penalties also help ensure a national

level playing field by ensuring that

violators do not obtain an unfair

economic advantage over competitors

who have done whatever was necessary

to comply on time. Penalties also

encourage companies to adopt pollution

prevention and recycling techniques, so

that they minimize their pollutant

discharges and reduce their potential

liabilities.

This Policy guides EPA in

establishing appropriate penalties in

settlement of civil judicial and

administrative actions. Subject to the

circumstances of a particular case, this

Policy provides the lowest penalty

figure which the Federal Government

should accept in a settlement. This

Policy is drafted so that violators whose

actions, or inactions, resulted in a

significant economic benefit and/or

harmed or threatened public health or

the environment will pay the highest

penalties.

The purpose of this Policy is to

further four important environmental

goals. First, penalties should be large

enough to deter noncompliance.

Second, penalties should help ensure a

level playing field by ensuring that

violators do not obtain an economic

advantage over their competitors. These

two goals generally require that

penalties recover the economic benefit

of noncompliance, plus an appropriate

amount reflective of the gravity or

seriousness of the violations. Third,

CWA penalties should be generally

consistent across the country. This

provides fair and equitable treatment to

the regulated community wherever they

may operate. Fourth, settlement

penalties should be based on a logical

calculation methodology to promote

swift resolution of enforcement actions

and the underlying violations.

This interim revision of the Clean

Water Act Penalty Policy provides

numerous improvements to the 1986

Policy. First, this revision establishes an

alternative approach to use in

appropriate cases to determine penalties

against municipalities. This approach,

called the national municipal litigation

consideration, is based in part on the

penalties obtained in prior case

settlements and on an evaluation of four

factors: size of the facility (as measured

by service population), duration of

violations, environmental impact and

economic benefit. Second, the

methodology for evaluating the gravity

of violations has been revised to reduce

redundancy, improve national

consistency, and provided broader

coverage for all types of violations.
22064 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices

Finally, two new gravity adjustments

have been established to provide

incentives for quick settlements and to

mitigate penalty amounts for small

facilities.

The Agency is issuing this Policy in

an interim version because it may be

subsequently revised based on public

comments and our experience in using

it. (It is being issued as an Interim

Policy, rather than as a draft, because

this revision is superior in many ways

to the existing 1986 version of the

Policy.) The Agency is specifically

interested in comments on how well the

national municipal litigation

consideration and gravity adjustment

factors function, and how the Policy

should apply in conjunction with EPA’s

new Voluntary Environmental SelfPolicing and Self-Disclosure Interim

Policy Statement, 60 FR 16875 (April 3,

1995).

Comments from the public are

welcome and should be sent within 90

days of the date of this publication to:

U.S. Environmental Protection Agency,

Water Enforcement Division (2243A),

401 M Street SW., Washington, DC

20460.

Dated: April 17, 1995.

Steven A. Herman,

Assistant Administrator for the Office of

Enforcement and Compliance Assurance.

[FR Doc. 95–11033 Filed 5–3–95; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5203–4]

Clean Air Act Advisory Committee

Notice of Public Meeting and

Extending the Expiration Date of

Subcommittee

Under Section (10)(a)(2) of Title 5

U.S.C. App 2, ‘‘The Federal Advisory

Committee Act,’’ notice is hereby given

that the Subcommittee on Mobile

Source Emissions and Air Quality in the

Northeastern States of the Clean Air Act

Advisory Committee will meet on

Thursday, May 25, 1995 beginning at

8:30 A.M. to 5:00 P.M. at the Hyatt

Regency Washington Hotel, located near

Capitol Hill at 400 New Jersey Avenue,

N.W., Washington, D.C. 20001, 202/

737–1234. This meeting is open to the

public. For further information

concerning the meeting, please contact

the individuals listed below.

Public notice is also given extending

the expiration date of the Subcommittee

on Mobile Source Emissions and Air

Quality in the Northeastern States to

June 15, 1995.

Further Information and Providing

Comments

For additional information concerning

these meetings, please contact Mike

Shields, Designated Federal Official,

Office of Mobile Sources, U.S.

Environmental Protection Agency, 401

M Street, SW. Washington, D.C. 20460

(202) 260–7645.

Dated: April 27, 1995.

Rob Brenner,

Director, Office of Policy Analysis and

Review, Office of Air and Radiation, U. S.

Environmental Protection Agency.

[FR Doc. 95–11037 Filed 5–3–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5202–5]

Proposed Administrative Settlement,

North Indian Bend Wash Site

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Notice; Request for public

comment.

SUMMARY: In accordance with Section

122(i)(1) of the Comprehensive

Environmental Response, Compensation

and Liability Act of 1980, as amended

(‘‘CERCLA,’’ commonly referred to as

Superfund), 42 U.S.C. 9622(i), notice is

hereby given of a proposed cost

recovery administrative settlement

concerning Area 3 of the North Indian

Bend Wash Site in Scottsdale, Arizona.

The United States Environmental

Protection Agency (‘‘EPA’’) is proposing

to enter into a settlement pursuant to

Section 122(h) of CERCLA. This

proposed settlement is intended to

resolve the liabilities under CERCLA of

William Munzer, Miles Munzer, Gerald

Glassman, on behalf of himself and

Plainville West, Inc. and Jeffrey Scoon

for EPA’s past and future response costs

associated with Area 3 of the North

Indian Bend Wash Site. Under the

agreement, these parties are to pay a

total of $160,000 to EPA.

EPA may withdraw or withhold its

consent to this settlement if comments

received during the 30 day public

comment period disclose facts or

considerations which indicate the

proposed settlement is inappropriate,

improper, or inadequate.

DATES: Pursuant to Section 122(i)(1) of

CERCLA, EPA will receive written

comments relating to this proposed

settlement until June 5, 1995.

ADDRESSES: Comments should be

addressed to Steve Armsey, Regional

Hearing Clerk, U.S. EPA Region IX (RC–

1), 75 Hawthorne Street, San Francisco,

CA 94105 and should refer to: North

Indian Bend Wash Superfund Site,

Scottsdale, Arizona, U.S. EPA Docket

No. 95–14. A copy of the proposed

Administrative Order on Consent may

be obtained from the Regional Hearing

Clerk at the address provided above.

FOR FURTHER INFORMATION CONTACT:

Janet R. Carlson, Assistant Regional

Counsel, (415) 744–1395, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105.

Dated: April 21, 1995.

Jeff Zelikson,

Director, Hazardous Waste Management

Division.

[FR Doc. 95–11032 Filed 5–3–95; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5202–7]

Proposed Administrative Settlement

Pursuant to Section 122(h) of the

Comprehensive Environmental

Response, Compensation and Liability

Act, as Amended by the Superfund

Amendments and Reauthorization Act

AGENCY: U.S. Environmental Protection

Agency.

ACTION: Request for Public Comment.

SUMMARY: The United States

Environmental Protection Agency (‘‘U.S.

EPA’’) is proposing to enter into an

administrative settlement agreement

under Section 122(h)(1) of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, 42 U.S.C. § 9601 et seq., as

amended by the Superfund

Amendments and Reauthorization Act

of 1986, Pub. L. No. 99–499, 100 Stat.

1613 (1986) (‘‘CERCLA’’). The proposed

agreement provides for: (1) Recoupment

by U.S. EPA of $30,000 in past costs; (2)

resolution of the proposed settling

party’s liability for past costs; and (3)

contribution protection.

DATES: Comments should be provided

on or before June 5, 1995.

ADDRESSES: Comments should be

addressed to the Docket Clerk, U.S.

Environmental Protection Agency,

Region V, 77 West Jackson Boulevard,

Chicago, IL 60604, and should refer to:

Performance One, Inc, Site, Loves Park,

IL.

FOR FURTHER INFORMATION CONTACT:

Eileen L. Furey, U.S. Environmental

Protection Agency, Region V, 77 West

Jackson Boulevard (C–29A), Chicago, IL

60604, (312) 353–6124.

NOTICE OF SETTLEMENT: In accordance

with Section 122(i)(1) of CERCLA,

notice is hereby given of a proposed

administrative settlement agreement