[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.24]

[Page 340-341]
 
                   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.  304.24  Intervention and withdrawal.

    (a)(1) No later than thirty days prior to the pre-hearing conference 
(see Sec.  304.31 of this part), any PRP associated with the facility 
which is the subject of the referred claim may move to intervene in the 
arbitral proceeding for the purpose of having one or more issues 
relating to his or her responsibility for payment of the referred claim 
resolved.
    (2) If the Arbitrator has been appointed, a motion to intervene 
shall be filed with the Arbitrator and a copy shall be served upon all 
parties. If the Arbitrator has not yet been appointed, a motion to 
intervene shall be submitted to the Association and a copy shall be 
served upon all parties.
    (3) Any such motion to intervene may be granted only upon the 
written approval of the Arbitrator and all of the parties in the form of 
a modification to the joint request for arbitration pursuant to Sec.  
304.21(c) of this part. by

[[Page 341]]

signing such a modification, the intervening party consents to be bound 
by the terms of the joint request for arbitration submitted pursuant to 
Sec.  304.21(b) of this part and any modifications previously made 
thereto pursuant to Sec.  304.21(c) of this part, and consents to be 
bound by such revisions to the time limits for the filing of pleadings 
as the Arbitrator may make to prevent delaying the pre-hearing 
conference.
    (b) Any party may move to withdraw from the arbitral proceeding 
within thirty days after receipt of the notice of appointment of the 
Arbitrator (see Sec.  304.22 of this part). The Arbitrator may approve 
such withdrawal, without prejudice to the moving party, and shall assess 
such administrative fees and expenses (see Sec.  304.41 of this part) 
against the withdrawing party as the Arbitrator deems appropriate. No 
party may withdraw from the arbitral proceedings after this thirty-day 
period, except that EPA may withdraw from the proceeding in accordance 
with Sec.  304.20(b)(3) or Sec.  304.33(e) of this part.