Section

[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: 40CFR310.24]

[Page 387-393]

TITLE 40--PROTECTION OF ENVIRONMENT

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

PART 310--REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO
HAZARDOUS SUBSTANCE RELEASES--Table of Contents

Subpart B--Provisions

Sec. 310.24 What happens if I provide incorrect or false information?

(a) You must not knowingly or recklessly make any statement or
provide any information in your reimbursement application that is false,
misleading, misrepresented, or misstated. If you do provide incorrect or
false information, and EPA relies on that information in making a
reimbursement decision, we may deny your application and withdraw or
recover the full amount of your award. In such a case, we would give you
written notice of our intentions.
(b) If you, as a reimbursement applicant or someone providing
information to the applicant, knowingly give any false statement or
claim as part of any application for reimbursement under section 123 of
CERCLA, you may be subject to criminal, civil, or administrative
liability under the False Statement Act (Pub. L. 97-398, 18 U.S.C. 1001)
the False Claims Act (Pub. L. 99-562, 31 U.S.C. 3729), and the Program
Fraud and Civil Remedies Act (Pub. L. 99-509, 31 U.S.C. 3801).

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. (Sec. 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. (Secs. 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. (Secs. 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.

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If, however, some hazardous substances are also involved, your incident
may be reimbursed. (Sec. 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. (Sec. 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. (Sec. 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.
(Sec. 310.9)

Appendix II to Part 310--EPA Regions and NRC Telephone Lines

------------------------------------------------------------------------

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National Response Center............................. (800) 424-8802
EPA Regional Phone Numbers:
Region I (ME, NH, VT, MA, RI, CT).................. (617) 223-7265
Region II (NJ, NY, PR, VI)......................... (908) 548-8730
Region III (PA, DE, MD, DC, VA, WV)................ (215) 597-9898
Region IV (NC, SC, TN, MS, AL, GA, FL, KY)......... (404) 347-4062
Region V (OH, IN, IL, WI, MN, MI).................. (312) 353-2318
Region VI (AR, LA, TX, OK, NM)..................... (215) 655-2222
Region VII (IA, MO, KS, NE)........................ (913) 236-3778
Region VIII (CO, UT, WY, MT, ND, SD)............... (303) 293-1788
Region IX (AZ, CA, NV, AS, HI, GU, TT)............. (415) 744-2000
Region X (ID, OR, WA, AK).......................... (206) 553-1263
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[[Page 389]]

Appendix III to Part 310--Form: Application for Reimbursement to Local
Governments for Emergency Response to Hazardous Substance Release Under
CERCLA Sec. 123
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Attachment 1 to Form 9310-1 Cost Element Codes and Comments
[Cost Element Codes for use in Table 1]
----------------------------------------------------------------------------------------------------------------
Code Cost category Cost element Comments
----------------------------------------------------------------------------------------------------------------
PC..................... Personnel Compensation............. PC1: Overtime--for Compensation of overtime
services excess of the costs incurred
local agency's standard specifically for a
work day or work week. response will be
PC2: Experts and considered only if
consultants--for overtime is not
services rendered on a otherwise provided for
per diem or fee basis in the applicant's
or for services of an operating budget.
intermittent, advisory
nature.

[[Page 391]]

TR..................... Transportation..................... TR1: Passenger vehicle Passenger and
rental--for nonpassenger vehicle
transportation of rental costs will be
persons during considered for private
evacuation. vehicles not owned or
TR2: Nonpassenger operated by the
vehicle rental--for applicant or other unit
transportation of of local government.
equipment or supplies.
RC..................... Utilities.......................... RC1: Utilities--for Utility costs will be
power, water, considered for private
electricity and other utilities not owned or
services exclusive of operated by the
transportation and applicant or other unit
communications. of local government.
OS..................... Other Contractual Services......... OS1: Contracts for May include such items
technical or scientific as specialized
analysis--for tasks laboratory analyses and
requiring specialized sampling.
hazardous sustance
response expertise.
OS2: Decontamination
services--for
specialized cleaning or
decontamination
procedures and supplies
to restore clothing,
equipment or other
serviceable gear to
normal functioning.
SM..................... Supplies and Materials............. SM1: Commodities--for May include such items
protective gear and as chemical foam to
clothing, cleanup tools suppress a fire; food
and supplies and purchased specifically
similar materials for an evacuation; air
purchased specifically purifying canisters for
for, and expended breathing apparatus;
during, the response. disposable, protective
suits and gloves; and
sampling supplies.
EQ..................... Equipment.......................... EQ1: Replacement--for Equipment replacement
durable equipment costs will be
declared a total loss considered if applicant
as a result of can demonstrate total
contamination during loss and proper
the response. disposal of
EQ2: Rents--for use of contaminated equipment.
equipment owned by Equipment rental costs
others. will be considered for
privately owned
equipment not owned or
operated by the
applicant or other unit
of local government.
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