Appendix D to Part 307 - Notice of Limitations on the Payment of Claims for Response Actions Which Is To Be Placed in Public Dockets
40:30.0.1.1.6.4.1.4.9 : Appendix D
Appendix D to Part 307 - Notice of Limitations on the Payment of
Claims for Response Actions Which Is To Be Placed in Public Dockets
Statutory Limitations on the Payment of Claims for Response Actions
Filed Pursuant to Sections 111(a)(2) and 122(b)(1) of CERCLA
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended by the Superfund
Amendments and Reauthorization Act of 1986 (SARA) (42 U.S.C. 9601
et seq.) authorizes a number of mechanisms for responding to
a release, or threat of release, of hazardous substances or
pollutants or contaminants. One of these mechanisms is response
claims. Section 111(a)(2) of CERCLA authorizes the Environmental
Protection Agency (EPA or the Agency) to compensate claimants for
necessary response costs if certain conditions are met. Section
122(b)(1) of CERCLA authorizes EPA to reimburse certain potentially
responsible parties for a portion of the costs of response actions
conducted pursuant to a settlement agreement. These conditions are
outlined below.
First, only private parties, parties to section 122(b)(1)
agreements (including States and political subdivisions thereof)
and foreign entities are eligible for payment through the response
claims mechanism. Federal, State, and local government units, and
Indian Tribes can receive funding for response activities through
other authorities of section 111(a) or section 123 of CERCLA.
Second, eligible claimants can only be reimbursed for costs that
are incurred in carrying out the National Contingency Plan (NCP),
40 CFR part 300. In order to be in conformity with the NCP, all
claims must receive prior approval, or “preauthorization,” from
EPA. This means that before response work is initiated, the party
must:
(1) Notify EPA of its intent to file a claim;
(2) Demonstrate that the release merits priority
consideration;
(3) Propose activities to remedy the release that can be carried
out consistent with the NCP; and
(4) Demonstrate the capabilities necessary to carry out such
activities in a safe and effective manner.
In order for potentially responsible parties to be eligible for
reimbursement they must conduct the response actions as specified
in a Consent Decree or administrative order. Only if EPA
preauthorizes a response action can the party begin work, and later
file a claim for reimbursement of costs.
The limitations placed on the payment of claims for response
actions and the procedures for filing such claims are described in
more detail at 58 FR 5460, Jan. 21, 1993, 40 CFR part 307.
Additional information can be obtained by contacting Phyllis
Anderson, Office of Emergency and Remedial Response (5203 G),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, (703) 603-8971, or the RCRA/CERCLA Hotline,
(800) 424-9346 (or (703) 920-9810 in the Washington, DC
metropolitan area).
[58 FR 5475, Jan. 21, 1993, as amended at 65 FR 47325, Aug. 2,
2000]