[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR10.10]

[Page 172-173]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 10_ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT
--Table of Contents
 
                          Subpart B_Procedures
 
Sec. 10.10  Limitation on Environmental Protection Agency's authority.

    (a) An award, compromise or settlement of a claim hereunder in 
excess of $25,000 shall be effected only with the prior written approval 
of the Attorney General or his designee. For the purposes of this 
paragraph, a principal claim and any derivative or subrogated claim 
shall be treated as a single claim.
    (b) An administrative claim may be adjusted, determined, compromised 
or settled hereunder only after consultation with the Department of 
Justice when, in the opinion of the Environmental Protection Agency:
    (1) A new precedent or a new point of law is involved; or

[[Page 173]]

    (2) A question of policy is or may be involved; or
    (3) The United States is or may be entitled to indemnity or 
contribution from a third party and the Agency is unable to adjust the 
third party claim; or
    (4) The compromise of a particular claim, as a practical matter, 
will or may control the disposition of a related claim in which the 
amount to be paid may exceed $25,000.
    (c) An administrative claim may be adjusted, determined, 
compromised, or settled by EPA hereunder only after consultation with 
the Department of Justice when EPA is informed or is otherwise aware 
that the United States or an employee, agent, or cost-plus contractor of 
the United States is involved in litigation based on a claim arising out 
of the same incident or transaction.