[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: 40CFR307.11]

[Page 360-361]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 307--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY 
ACT (CERCLA) CLAIMS PROCEDURES--Table of Contents
 
                           Subpart A--General
 
Sec. 307.11  Scope and applicability.

    (a) The following may be submitted only through the procedures 
established by this part: claims for responses to a release or 
substantial threat of release of a hazardous substance into the 
environment; claims for responses to a release or substantial threat of 
release of any pollutants or contaminants into the environment, which 
may present an imminent and substantial danger to public health or 
welfare; and claims for response actions undertaken pursuant to 
settlement agreements in which the Federal Government agrees to 
reimburse a portion of the cost. Under this part, persons may bring 
claims for necessary costs incurred in carrying out the National 
Contingency Plan (NCP) (40 CFR part 300) developed under section 311(c) 
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and 
revised pursuant to section 105 of CERCLA. Only response actions that 
EPA has preauthorized are eligible for reimbursement through the claims 
process of section 112 of CERCLA. Authority for the payment of claims 
for response costs is provided by section 111(a)(2) of CERCLA. Authority 
for the reimbursement of certain costs incurred by parties to a 
settlement agreement entered pursuant to section 122 of CERCLA is 
provided by section 122(b) of CERCLA.
    (b) This part does not affect the terms and conditions contained in

[[Page 361]]

Preauthorization Decision Documents (PDDs) issued prior to the effective 
date of this part. However, a potential claimant may elect to comply 
with the provisions of this part, rather than the terms and conditions 
of a PDD issued prior to the effective date of this part, if he so 
chooses. Written notice of this election must be provided to EPA by the 
potential claimant prior to such provision taking effect, but not later 
than the time of the submittal of any claim to EPA. EPA will provide a 
written acknowledgement of the potential claimant's election and may 
revise the PDD as appropriate.