Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices 62847

[OPPTS–00149A; FRL–4989–5]

Guidance on Acquisition of

Environmentally Preferable Products

and Services; Solicitation of

Comments; Extension of Comment

Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; extension of comment

period.

SUMMARY: In the Federal Register of

September 29, 1995, EPA announced a

proposed general guidance designed to

assist Executive agencies with

indentification and acquisition of

environmentally preferable products.

The document also solicited comments

from all interested parties on the

proposed guidance. EPA has received

requests from several organizations to

extend the comment period. Notice is

hereby given that the comment period

originally scheduled to close on

November 28, 1995, is extended until

December 28, 1995.

DATES: All written comments must be

received on or before December 28,

1995.

ADDRESSES: Written comments must be

submitted in triplicate and identified

with docket number OPPTS–00149 to:

OPPT Document Control Officer (7407),

Office of Pollution Prevention and

Toxics, Environmental Protection

Agency, Rm. E–G99, 401 M St., SW.,

Washington, DC 20460.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to:

ncic@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

OPPTS–00149. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

comments on this proposed guidance

may be filed online at many Federal

Depository Libraries. Additional

information on electronic submissions

can be found in Unit V. of this

document.

FOR FURTHER INFORMATION CONTACT:

Danielle Fuligni, Environmental

Protection Agency, Office of Pollution

Prevention and Toxics (7409), 401 M

St., SW., Washington, DC 20460.

Telephone number: 202–260–4172, email: fuligni.danielle@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: A record

has been established for this document

under docket number ‘‘OPPTS–00149’’

(including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from noon to

4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in the TSCA

Nonconfidential Information Center,

Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this document,

as well as the public version, as

described above will be kept in paper

form. Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

List of Subjects

Environmental protection.

Dated: November 20, 1995.

William H. Sanders III,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 95–29833 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–F

[OPPTS–00180; FRL–4989–7]

Notice of Availability of Pollution

Prevention Grants and Announcement

of Financial Assistance Programs

Eligible for Review

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability of

Pollution Prevention Grants.

SUMMARY: EPA is announcing the

availability of approximately $5 million

in fiscal year 1996 grant/cooperative

agreement funds under the Pollution

Prevention Incentives for States (PPIS)

grant program. The purpose of this

program is to support State, Tribal, and

regional programs that address the

reduction or elimination of pollution

across all environmental media: air,

land, and water. Grants/cooperative

agreements will be awarded under the

authority of the Pollution Prevention

Act of 1990.

FOR FURTHER INFORMATION CONTACT:

Your EPA Regional Pollution Prevention

Coordinator. Contact names for each

Regional Office are listed under Unit IV.

of this document.

SUPPLEMENTARY INFORMATION:

I. Background

Approximately $40 million have been

awarded to over 100 State, Tribal, and

regional organizations under EPA’s

multimedia pollution prevention grant

program, since its inception in 1989.

In November 1990, the Pollution

Prevention Act of 1990, (the Act) (Pub.

L. 101–508) was enacted, establishing as

national policy that pollution should be

prevented or reduced at the source

whenever feasible. Section 6603 of the

Act defines source reduction (pollution

prevention) as any practice that:

(1) Reduces the amount of any

hazardous substance, pollutant, or

contaminant entering any waste stream

or otherwise released into the

environment (including fugitive

emissions) prior to recycling, treatment,

or disposal.

(2) Reduces the hazards to public

health and the environment associated

with the release of such substances,

pollutants, or contaminants.

In addition to pollution prevention

being source reduction, EPA further

defines pollution prevention as the use

of other practices, that reduce or

eliminate the creation of pollutants

through: increased efficiency in the use

of raw materials, energy, water or other

resources, or protection of natural

resources, or protection of natural

resources by conservation.

Section 6605 of the Act authorizes

EPA to make matching grants to States

to promote the use of source reduction

techniques by businesses. In evaluating

grant applications, the Act directs EPA

to consider whether the proposed State

program will:

(1) Make technical assistance

available to businesses seeking

information about source reduction

opportunities, including funding for

experts to provide on-site technical

advice and to assist in the development

of source reduction plans.

(2) Target assistance to businesses for

whom lack of information is an

impediment to source reduction.

(3) Provide training in source

reduction techniques.

In addition to this grant making

authority, the Act authorized EPA to

establish a national source reduction

clearinghouse, expands EPA’s

authorities to collect data to better track
62848 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices

source reduction activities, and requires

EPA to report periodically to Congress

on progress in implementing the Act.

II. Availability of FY 96 Funds

With this publication, EPA is

announcing the availability of

approximately $5 million in grant/

cooperative agreement funds for FY

1996. The Agency has delegated grant

making authority to the EPA Regional

offices which formally transfers the

decisionmaking and awarding process

for the PPIS grants to the Regions.

Regional offices have responsibility for

the solicitation of interest, screening of

proposals, and the actual selection of

awards. This eighth round of awards

reflects a more direct and active

Regional role in determining FY 96

awards. PPIS grant guidance will be

developed separately by each Regional

program and will be provided to all

applicants along with any supplemental

information the Regions may wish to

provide. However, in addition to

Regional Guidelines, all applicants must

address the national requirements listed

under Unit III.3. of this document.

Interested applicants should contact

their Regional Pollution Prevention

Coordinator for more information.

III. Eligibility

In accordance with the Act, eligible

applicants for purposes of funding

under this grant program include the 50

States, the District of Columbia, the U.S.

Virgin Islands, the Commonwealth of

Puerto Rico, any territory or possession

of the United States, any agency or

instrumentality of a State including

State universities and all Federally

recognized Indian tribes. For

convenience, the term ‘‘State’’ in this

notice refers to all eligible applicants.

Local governments, private universities,

private non-profit entities, private

businesses, and individuals are not

eligible. These organizations excluded

from applying directly are encouraged

to work with eligible applicants in

developing proposals that include them

as participants in the projects. EPA

strongly encourages this type of

cooperative arrangement.

1. The Catalogue of Federal Domestic

Assistance. The number assigned to the

PPIS program is 66.708 (formerly

66.900). Organizations receiving

pollution prevention grant funds are

required to match dollar for dollar all

Federal funds.

For example, the Federal government

will provide half of the total allowable

cost of the project, the State half of the

total allowable cost of the project. A

grant request for $100,000 would

support a total allowable project cost of

$200,000, with the State also providing

$100,000. State contributions may

include dollars, in-kind goods and

services and/or third party

contributions.

2. Eligible activities. In general, the

purpose of the PPIS grant program is to

support the establishment and

expansion of State, Regional, Tribal, or

local multimedia pollution prevention

programs. EPA specifically seeks to

build State pollution prevention

capabilities or to test, at the State level,

innovative pollution prevention

approaches and methodologies. Funds

awarded under the PPIS grant program

must be used to support pollution

prevention programs that address the

transfer of potentially harmful

pollutants across all environmental

media: air, water, and land. Programs

should reflect comprehensive and

coordinated pollution prevention

planning and implementation efforts

State-or-Region-wide and where

appropriate, seek to address State

environmental priority areas. States

might focus on, for example:

a. Developing measures to determine

progress in pollution prevention.

b. Developing multimedia pollution

prevention activities, including but not

limited to: Providing direct technical

assistance to businesses; collecting and

analyzing data to target outreach and

technical assistance opportunities;

conducting outreach activities; and

identifying regulatory and nonregulatory barriers and incentives to

pollution prevention and developing

plans to implement solutions, where

possible.

c. Institutionalizing multimedia

pollution prevention as an

environmental management priority,

establishing prevention goals,

developing strategies to meet those

goals, and integrating the pollution

prevention ethic within both

governmental and non-governmental

institutions of the State or region.

d. Initiating demonstration projects

that test and support innovative

pollution prevention approaches and

methodologies.

3. Measuring pollution prevention

progress. Fiscal year 1996 marks the 8th

year of funding for the PPIS grant

program. This cycle of awards also

emphasizes EPA’s efforts to assist States

in developing and implementing

measurement systems to track the

progress of the PPIS funds in promoting

pollution prevention. EPA believes that,

like a business, State pollution

prevention programs need to strive for

continuous improvement. Although the

effectiveness of certain pollution

prevention activities are inherently

easier to measure than others, the

measurement focus of this year’s cycle

does not target any specific pollution

prevention activity as a priority. Rather,

EPA believes that the State pollution

prevention programs are in the best

position to determine which approaches

to pollution prevention are most critical

to the State. EPA believes that in order

to highlight the effectiveness of the PPIS

grant program, a measurement

component is essential to document

continuous improvement. Applicants

must address measurement by including

at least one of the two mandatory

components listed below. Proposals that

do not address one of these national

criteria in the narrative of the grant

application will not be considered

eligible for funding. The proposal must:

A. Include a comprehensive plan that

describes both the types of pollution

prevention activities that the State

program will pursue and a method for

quantifying pollution reductions

achieved by these activities. In addition,

the plan should include a component

that: (1) Measures the effectiveness of

the identified activities in reducing

pollution. (2) Evaluates the

measurement methodology, identifying

areas of success and problems

encountered.

B. Include a pollution prevention

measurement methodology that

develops tools to be adopted by

pollution prevention assistance

provider(s) in evaluating their

program(s). The proposal must identify

which organization(s)/program(s) the

measurement tools are being developed

for. The measurement methodology

should include, but need not be limited

to: a method for identification of

measurement needs; an evaluation of

measurement methodologies and

approaches; a system for matching

identified needs with measurement

methodologies and approaches; and the

application of a selected methodology or

approach. Proposals accepted for review

under this program must qualify as

pollution prevention as defined by EPA.

4. Program management. Awards for

FY 96 funds will be managed through

the EPA Regional Offices.

5. Contact. Interested applicants are

requested to contact the appropriate

EPA Regional Pollution Prevention

Coordinator listed under Unit IV. of this

document to obtain specific instructions

and guidance for submitting proposals.

IV. Regional Pollution Prevention

Contacts

Abby Swaine/Mark Mahoney (PAS), US

EPA Region 1, JFK Federal Bldg, Rm.

2203, Boston, MA 02203, (617) 565-

4523/1155 (CT, MA, ME, NH, RI, VT)
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Notices 62849

Janet Sapadin (2-OPM-PPI), US EPA

Region 2, 290 Broadway, 26th floor,

New York, NY 10007-1866, (212) 637-

3584 (NJ, NY, PR, VI)

Jeff Burke (3ES43), US EPA Region 3,

841 Chestnut Bldg., Philadelphia PA

19107, (215) 597-8327 (DC, DE, MD,

PA, VA, WV)

Carol Monell, US EPA Region 4, 345

Courtland St., NE, Atlanta, GA 30365,

(404) 347-3555, x6894 (AL, FL, GA,

KY, MS, NC, SC, TN)

Phil Kaplan (HRP-8J), US EPA Region 5,

77 West Jackson Blvd., Chicago, IL

60604-3590, (312) 353-4669 (IL, IN,

MI, MN, OH, WI)

Linda Thompson (6EN-XP), US EPA

Region 6, 1445 Ross Ave., Suite 1200,

Dallas, TX 75202, (214) 665-6568 (AR,

LA, NM, OK, TX)

Steve Wurtz, US EPA Region 7, 726

Minnesota Ave., Kansas City, KS

66101, (913) 551-7315 (IA, KS, MO,

NE)

Linda Walters (8PM-SIPO), US EPA

Region 8, 999 18th St., Suite 500,

Denver, CO 80202-2405, (303) 312-

6392 (CO, MT, ND, SD, UT, WY)

Eileen Sheehan/Bill Wilson (H-I-B), US

EPA Region 9, 75 Hawthorne St., San

Francisco, CA 94105, (415) 744-2190/

2192 (AZ, CA, GU, HI, CNMI, RP, AS)

Carolyn Gangmark, US EPA Region 10,

1200 Sixth Ave., Seattle, WA 98101,

(206) 553-4072 (AK, ID, OR, WA)

Dated: November 27, 1995.

William H. Sanders III,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 95–29832 Filed 12–6–95; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5340–6]

Superfund Program; Revised Model De

Minimis Contributor Consent Decree

and Administrative Order on Consent

AGENCY: Environmental Protection

Agency.

ACTION: Notice.

SUMMARY: The Agency is publishing

today the revised ‘‘Model CERCLA

Section 122(g)(4) De Minimis

Contributor Consent Decree’’ and the

revised ‘‘Model CERCLA Section

122(g)(4) De Minimis Contributor

Administrative Order on Consent.’’

These models, developed by the Agency

and the U.S. Department of Justice,

supersede the ‘‘Interim Model CERCLA

Section 122(g)(4) De Minimis Waste

Contributor Consent Decree and

Administrative Order on Consent’’

issued on October 19, 1987, and

published at 52 FR 43,393 (November

12, 1987). They are designed as

guidance for Agency and Department

staff when negotiating CERCLA Section

122(g)(1)(A) de minimis contributor

settlements. The Agency is publishing

the models in their entirety, along with

the September 29, 1995 joint

memorandum of the EPA and the U.S.

Department of Justice announcing their

issuance, to inform affected members of

the public of their existence and

content.

FOR FURTHER INFORMATION CONTACT:

Janice C. Linett, Mail Code 2272, Office

of Enforcement and Compliance

Assurance, Regional Enforcement

Division, U.S. Environmental Protection

Agency, 401 M Street, S.W.,

Washington, D.C. 20460, (202) 260–

7116.

Dated: October 26, 1995.

Susan Brown,

Acting Director, Office of Site Remediation

Enforcement.

September 29, 1995.

MEMORANDUM

SUBJECT: Issuance of Revised ‘‘Model

CERCLA Section 122(g)(4) De Minimis

Contributor Consent Decree and

Administrative Order on Consent’’

FROM: Jerry Clifford, Director, Office of

Site Remediation Enforcement, U.S.

Environmental Protection Agency,

Bruce S. Gelber, Acting Chief,

Environmental Enforcement Section,

Environment and Natural Resources

Division, U.S. Department of Justice

TO: Regional Counsel, Regions I–X,

Regional Waste Management Division

Directors, Regions I–X, Financial

Management Officers, Regions I–X,

Assistant Chiefs, Environmental

Enforcement Section

We are pleased to issue the revised

‘‘Model CERCLA Section 122(g)(4) De

Minimis Contributor Consent Decree’’

and the revised ‘‘Model CERCLA

Section 122(g)(4) De Minimis

Contributor Administrative Order on

Consent.’’ These models supersede the

‘‘Interim Model CERCLA Section

122(g)(4) De Minimis Waste Contributor

Consent Decree and Administrative

Order on Consent’’ issued on October

19, 1987, and published at 52 Fed. Reg.

43,393 (1987). They represent the latest

thinking on CERCLA Section

122(g)(1)(A) de minimis contributor

settlements and are the product of years

of experience gained in administering

the de minimis settlement provisions of

CERCLA. These revised models are

needed to implement the early de

minimis expedited settlement pilots that

are part of the Superfund

Administrative Reforms initiative and

will provide valuable tools in fostering

de minimis settlements in general.

These models are to be used as

guidance by EPA and DOJ staff when

negotiating de minimis contributor

settlements. We encourage our staffs to

adhere to them as closely as possible so

as to conform with current settlement

practices and procedures. We believe

use of the models will help expedite

negotiation of de minimis settlements,

increase fairness and national

consistency, and streamline review and

approval of de minimis consent decrees

and consent orders. When seeking

approval of any settlement based upon

one of these models, staff should

identify any significant deviation from

the relevant model and the basis for the

departure. For DOJ staff, these models

are available electronically on the

Section’s work product directory,

EESINDEX, as N: \ NET\ SS52\ UDD\

EESINDEX\ CERMODEL\ 122G4.CD or

122G4.AOC.

We would like to thank all EPA and

DOJ staff who assisted in the

development of these models. If you

have any questions about the models,

please contact Janice Linett of the

Regional Support Division (RSD) at

(703) 978–3057 or Tom Mariani of the

Environmental Enforcement Section

(EES) at (202) 514–4620. The EPA

Regions may address questions about

case-specific matters to the RSD

attorney assigned to the case. DOJ staff

should direct questions about casespecific matters to their senior attorneys

or Assistant Chief or to Tom Mariani,

Joe Hurley, or Mike Goodstein, EES’ de

minimis settlement coordinators.

Attachments

cc: Lawrence E. Starfield, Acting

Associate General Counsel, Solid

Waste and Emergency Response

Division

Stephen D. Luftig, Director, Office of

Emergency and Remedial Response

Jack L. Shipley, Director, Financial

Management Division

Letitia Grishaw, Chief, Environmental

Defense Section

United States Environmental Protection

Agency and United States Department

of Justice Model Cercla Section

122(g)(4) De Minimis Contributor

Consent Decree and Administrative

Order on Consent

These models and any internal

procedures adopted for their

implementation and use are intended as

guidance for employees of the U.S.

Department of Justice and U.S.

Environmental Protection Agency. They

do not constitute rulemaking by the

Department or Agency and may not be

relied upon to create a right or a benefit,

substantive or procedural, enforceable at

law or in equity, by any person. The