[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: 40CFR305.3]

[Page 348-350]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 305_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS 
AGAINST THE SUPERFUND--Table of Contents
 
                            Subpart A_General
 
Sec.  305.3  Definitions.

    (a) The following definitions apply to this part:
    Administrative Law Judge means an Administrative Law Judge appointed 
under 5 U.S.C. 3105.
    Agency or EPA means the United States Environmental Protection 
Agency.
    CERCLA or the Act means the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. 9601 et 
seq.
    Claim means a demand in writing for a sum certain, which is 
presented to the Fund in accordance with CERCLA sections 111 and 112.

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    Claimant means any person who presents a claim to the Fund for 
reimbursement under CERCLA section 112(b)(1).
    Claims Official means the Assistant Administrator or the Regional 
Administrator or his delegatee who makes the initial decision awarding 
or denying a claim in whole or in part.
    Confidential business information or CBI means business information 
for which a person has made a ``business confidentiality claim'' as 
defined in 40 CFR 2.201(h) and in accordance with all applicable 
provisions in 40 CFR part 2, subpart B, except insofar as the 
Administrator has denied the claim pursuant to the procedures in 40 CFR 
part 2, subpart B.
    Final order means the decision of the Review Officer which has 
become final in accordance with Sec.  305.4(a), or of the Presiding 
Officer, or in the case of a voluntary agreement (see Sec.  305.25) of 
the parties, disposing of all legal and factual matters presented in the 
Request for a Hearing. A final order made by the Review Officer or the 
Presiding Officer shall contain findings of fact, conclusions of law, as 
well as the reasons therefore, and an order for an award of a sum 
certain, or an explanation of why no award is granted. The final order 
may consist of one or more of the following documents: the findings of 
fact, conclusions of law, and order of the Review Officer or the 
Presiding Officer; a voluntary agreement; an accelerated order; or a 
default order, if the default order provides for dismissal of the 
Request for a Hearing with prejudice. A final order is the final 
administrative decision of the Agency and (with the exception of a 
voluntary agreement) is appealable to the Federal district court for the 
district where the release or threat of release took place.
    Fund or Superfund means the Hazardous Substance Superfund 
established by section 9507 of the Internal Revenue Code of 1986.
    Hearing means a hearing on the record open to the public and 
conducted under this part.
    Hearing Clerk means the Hearing Clerk, A-110, United States 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    National Contingency Plan or NCP means the National Oil and 
Hazardous Substances Pollution Contingency Plan developed under section 
311(c) of the Clean Water Act and revised pursuant to section 105 of 
CERCLA (40 CFR part 300).
    Party means EPA or any person that participates in a proceeding 
under this part as a Requestor.
    Preauthorization means EPA's prior approval to submit a claim 
against the Fund for necessary response costs incurred as a result of 
carrying out the NCP.
    Presiding Officer means the Administrative Law Judge designated by 
the Chief Administrative Law Judge, or the Chief Administrative Law 
Judge himself, in the absence of such designation, to conduct a hearing 
pursuant to this part.
    Proceeding means the entire process of review of a claim conducted 
pursuant to this part that is initiated by a Request for a Hearing. A 
hearing is part of a proceeding.
    Request for a Hearing means a written notice requesting an 
administrative hearing of the total or partial denial of a claim by the 
Claims Official. Such hearing shall be governed by this part.
    Requestor is the party who files a Request for a Hearing.
    Review Officer means the EPA Administrator or his delegatee who is 
authorized to exercise all powers and duties prescribed or delegated 
under the Act or this part to him.
    Voluntary agreement (see Sec.  305.25) means a written 
communication, signed by all the parties or their counsel or 
representatives, containing an order acceptable to both the Requestor 
and EPA. A voluntary agreement shall state that, for purposes of this 
proceeding, EPA consents to the award of a sum certain to the Requestor 
or such other consideration as the parties deem appropriate. A voluntary 
agreement is effective without approval of the Presiding Officer and is 
a final order as defined in this part.
    (b) Terms defined in CERCLA or in 40 CFR part 300 and not defined in 
this part are used consistent with the

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meanings given in CERCLA or 40 CFR part 300.