{"abstract":"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 for cleanups. The policy provides for smaller penalties for noncompliance by smaller contributors to Superfund sites, companies with limited financial resources, and less sophisticated parties. This policy reserves the highest penalties for the most egregious offenders--the noncompliers who are financially capable of performing, who are most responsible for creating the Superfund site, and whose failure to perform results in actual harm to human health, the environment, or EPA's enforcement and response program, or results in serious inequities to complying parties. Consistent with the Agency's ``Policy on Civil Penalties'' (Feb. 16, 1984), this policy should be used only in cases where the government is settling civil penalty and punitive damages claims.","action":null,"agencies":[{"raw_name":"ENVIRONMENTAL PROTECTION AGENCY","name":"Environmental Protection Agency","id":145,"url":"https://www.federalregister.gov/agencies/environmental-protection-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/145","parent_id":null,"slug":"environmental-protection-agency"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/1997/11/14/97-30013.html","cfr_references":[],"citation":"62 FR 61113","comment_url":null,"comments_close_on":null,"correction_of":null,"corrections":[],"dates":null,"disposition_notes":null,"docket_ids":["FRL-5921-7"],"dockets":[],"document_number":"97-30013","effective_on":null,"end_page":61114,"executive_order_notes":null,"executive_order_number":null,"explanation":null,"full_text_xml_url":null,"html_url":"https://www.federalregister.gov/documents/1997/11/14/97-30013/announcement-and-notice-of-availability-of-the-interim-policy-on-settlement-of-cercla-section-106b1","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/97-30013?publication_date=1997-11-14","mods_url":"https://www.govinfo.gov/metadata/granule/FR-1997-11-14/97-30013/mods.xml","not_received_for_publication":null,"page_length":2,"page_views":{"count":8,"last_updated":"2026-05-19 22:15:03 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-1997-11-14/pdf/97-30013.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"1997-11-14","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/1997/11/14/97-30013.txt","regulation_id_number_info":{},"regulation_id_numbers":[],"regulations_dot_gov_info":{},"regulations_dot_gov_url":null,"significant":null,"signing_date":null,"start_page":61113,"subtype":null,"title":"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","toc_doc":null,"toc_subject":null,"topics":[],"type":"Notice","volume":62}