[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.22]

[Page 339-340]
 
                   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 B--Jurisdiction of Arbitrator, Referral of Claims, and 
                        Appointment of Arbitrator
 
Sec. 304.22  Appointment of Arbitrator.

    (a) The Association shall establish and maintain a National Panel of 
Environmental Arbitrators.
    (b) Within ten days of the filing of the joint request for 
arbitration, the Association shall identify and submit simultaneously to 
all parties an indentical list of ten persons chosen from the National 
Panel of Environmental Arbitrators, whom the Association believes will 
not be subject to disqualification because of circumstances likely to 
affect impartiality pursuant to Sec. 304.23 of this part. Each party 
shall have ten days from the date of receipt of the list to identify any 
persons objected to, to rank the remaining persons in the order of 
preference, and to return the list to the Association. If a party does 
not return the list within the time specified, all persons on the list 
are deemed acceptable to that party. From among the persons whom the 
parties have indicated as acceptable, and, in accordance with the 
designated order of mutual preference, if any, the Association shall 
invite an Arbitrator to serve. If the parties fail to mutually agree 
upon any of the persons named, or if the invited Arbitrator is unable to 
serve, or if for any other reason the appointment cannot be made from 
the submitted lists, the Association shall make the appointment from 
among the other members of the Panel. In no event shall appointment of 
the Arbitrator by the Association take longer than thirty days from the 
filing of the joint request for arbitration.
    (c) Within seven days of the appointment of the Arbitrator, the 
Association shall mail to each of the parties notice of the identity of 
the Arbitrator and the date of the appointment, together with a copy of 
these rules. The Arbitrator shall, within five days of his or her 
appointment, file a signed acceptance of the case with the Association. 
The Association shall, within seven days of receipt of the Arbitrator's 
acceptance, mail notice of such acceptance to the parties.

[[Page 340]]

    (d) If any appointed Arbitrator should resign, die, withdraw, be 
disqualified or otherwise be unable to perform the duties of the office, 
the Association may, on satisfactory proof, declare the office vacant. 
Vacancies shall be filled in accordance with the applicable provisions 
of this section, and the matter shall be resumed.
    (e) If the Administrator and one or more PRPs associated with a 
facility enter into a joint request for arbitration prior to the 
selection of the Association (see Sec. 304.21(e) of this part), the 
Administrator and the participating PRPs shall reach mutual agreement 
upon the selection and appointment of an Arbitrator on a case-by-case 
basis, and the Administrator shall obtain the services of that person 
using appropriate procurement procedures. Any person appointed as an 
Arbitrator pursuant to this paragraph shall make disclosures to the 
parties pursuant to Sec. 304.23 of this part, shall resolve the issues 
submitted for resolution pursuant to the jurisdiction and authority 
granted to the Arbitrator in Sec. 304.20 of this part, and shall 
otherwise conduct the arbitral proceeding pursuant to the procedures 
established by this part.