Appendix I to Part 310 - Frequently Asked Questions
40:30.0.1.1.7.2.9.21.10 : Appendix I
Appendix I to Part 310 - Frequently Asked Questions
(1) Can I be reimbursed for hazmat team salaries?
Generally, no; only unbudgeted overtime and/or extra time can be
considered for reimbursement. (§ 310.11(b)(2))
(2) Will I be reimbursed for the cost of a destroyed fire
truck?
Up to $25,000 of the cost of a lost fire truck can be considered
an allowable cost and therefore, reimbursable. However, if the
local government has insurance covering such losses, then we would
not reimburse you for a destroyed fire truck. (§§ 310.11(b)(4) and
310.14)
(3) If I have a release in an elementary school, can the school
district apply for reimbursement?
No, for purposes of the regulation in this part, a school
district is considered a special purpose district of local
government and therefore not eligible for reimbursement. The county
or city where the incident happened may apply for reimbursement on
behalf of the school district. (§§ 310.03(e) and 310.05)
(4) Why are incidents that involve a release of petroleum not
eligible?
Because this program is authorized under CERCLA, and petroleum
is excluded under CERCLA, we can't reimburse you for response to
releases involving only petroleum. If, however, some hazardous
substances are also involved, your incident may be reimbursed. (§
310.03(f))
(5) Can I be reimbursed for laying water lines to a community
whose drinking water is affected by a release?
No, laying water lines doesn't fall within the definition of
temporary emergency measures. Providing bottled water on a
temporary emergency basis is reimbursable. (§ 310.10(a))
(6) What if EPA gets too many applications in one year?
In the beginning of the program, there was a statutory
limitation on the amount of the Superfund that could be used for
reimbursements. That limitation was approximately $1,000,000. The
limitation has expired, and EPA has only reimbursed slightly over
$1,000,000 in ten years. There has not been a year where we
received too many applications.
(7) If I incur significant costs trying to recover from the PRP,
can I be reimbursed by EPA for those costs?
No, legal expenses are not allowable costs. (§
310.12(b)(7)).
(8) Can I add attachments to the Application Form?
Yes, attach any additional information that you feel is
necessary. EPA will review all the information that you send.
(9) Do I have to notify EPA before I send an application in, or
before I take a response action?
No, you aren't required to notify EPA in either case. We do
suggest that you call the National Response Center to report the
hazardous substance release, or if you use other response reporting
channels, use them. If you need some help before submitting your
application, we do suggest you call the LGR Help line
(800-431-9209).
(10) If two incidents happen in my town, within hours of each
other, do I have to submit two separate applications?
You aren't required to submit separate applications in this
case, but if your total response costs are more than $25,000, it
may be in your interest to submit separate applications for each
single response. (§ 310.9)