[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.12]

[Page 357-358]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 304--ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS--Table of Contents
 
                           Subpart A--General
 
Sec. 304.12  Definitions.

    Terms not defined in this section have the meaning given by section 
101 of CERCLA, 42 U.S.C. 9601, or the National Oil and Hazardous 
Substances Pollution Contingency Plan, 40 CFR part 300. All time 
deadlines in this part are specified in calendar days and shall be 
computed in the manner described in Rule 6(a) of the Federal Rules of 
Civil Procedure.
    Except when otherwise specified, the following terms are defined for 
purposes of this part as follows:
    (a) CERCLA means 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. 99-499, 100 Stat. 1613 (1986).

[[Page 358]]

    (b) Administrator means the EPA Administrator or his designee.
    (c) Arbitrator means the person appointed in accordance with 
Sec. 304.22 of this part and governed by the provisions of this part.
    (d) Association means the organization offering arbitration services 
selected by EPA to conduct arbitrations pursuant to this part.
    (e) Claim means the amount sought by EPA as recovery of response 
costs incurred and to be incurred by the United States at a facility, 
which does not exceed $500,000, excluding interest.
    (f) Ex parte communication means any communication, written or oral, 
relating to the merits of the arbitral proceeding, between the 
Arbitrator and any interested person, which was not originally filed or 
stated in the administrative record of the proceeding. Such 
communication is not ex parte communication if all parties to the 
proceeding have received prior written notice of the proposed 
communication and have been given the opportunity to be present and to 
participate therein.
    (g) Interested person means the Administrator, any EPA employee, any 
party to the proceeding, any potentially responsible party associated 
with the facility concerned, any person who filed written comments in 
the proceeding, any participant or intervenor in the proceeding, all 
officers, directors, employees, consultants, and agents of any party, 
and any attorney of record for any of the foregoing persons.
    (h) National Contingency Plan or NCP means the National Oil and 
Hazardous Substances Pollution Contingency Plan, developed under section 
311(c)(2) of the Federal Water Pollution Control Act, 33 U.S.C. 1251, et 
seq., as amended, revised periodically pursuant to section 105 of 
CERCLA, 42 U.S.C. 9605, and published at 40 CFR part 300.
    (i) National Panel of Environmental Arbitrators or Panel means a 
panel of environmental arbitrators selected and maintained by the 
Association to arbitrate cost recovery claims under this part.
    (j) Participating PRP is any potentially responsible party who has 
agreed, pursuant to Sec. 304.21 of this part, to submit one or more 
issues arising in an EPA claim for resolution pursuant to the procedures 
established by this part.
    (k) Party means EPA and any person who has agreed, pursuant to 
Sec. 304.21 of this part, to submit one or more issues arising in an EPA 
claim for resolution pursuant to the procedures established by this 
part, and any person who has been granted leave to intervene pursuant to 
Sec. 304.24(a) of this part.
    (l) Persons means an individual, firm, corporation, association, 
partnership, consortium, joint venture, commercial entity, United States 
Government, State, municipality, commission, political subdivision of a 
State, or any interstate body.
    (m) Potentially responsible party or PRP means any person who may be 
liable pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), for 
response costs incurred and to be incurred by the United States not 
inconsistent with NCP.
    (n) Response action means remove, removal, remedy and remedial 
action, as those terms are defined by section 101 of CERCLA, 42 U.S.C. 
9601, including enforcement activities related thereto.
    (o) Response costs means all costs of removal or remedial action 
incurred and to be incurred by the United States at a facility pursuant 
to section 104 of CERCLA, 42 U.S.C. 9604, including, but not limited to, 
all costs of investigation and information gathering, planning and 
implementing a response action, administration, enforcement, litigation, 
interest and indirect costs.