[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: 40CFR310.11]

[Page 384]
 
                   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.  310.11  What costs are allowable?

    (a) Reimbursement under this part does NOT supplant funds you 
normally provide for emergency response. Allowable costs are only those 
necessary for you to respond effectively to a specific incident that is 
beyond what you might normally respond to.
    (b) Examples of allowable costs are:
    (1) Disposable materials and supplies you acquired and used to 
respond to the specific incident;
    (2) Payment of unbudgeted wages for employees responding to the 
specific incident (for example, overtime pay for response personnel);
    (3) Rental or leasing of equipment you used to respond to the 
specific incident (for example, protective equipment or clothing, 
scientific and technical equipment) (Note: rental costs are only 
allowable for the duration of your response; once you complete the 
response to the specific incident, further rental costs are NOT 
allowable);
    (4) Replacement costs for equipment you own that is contaminated or 
damaged beyond reuse or repair, if you can demonstrate that the 
equipment is a total loss and that the loss occurred during the response 
(for example, self-contained breathing apparatus irretrievably 
contaminated during the response);
    (5) Decontamination of equipment contaminated during the response;
    (6) Special technical services specifically required for the 
response (for example, costs associated with the time and efforts of 
technical experts/specialists that are not on your staff);
    (7) Other special services specifically required for the response 
(for example, utilities);
    (8) Laboratory costs of analyzing samples that you took during the 
response;
    (9) Evacuation costs associated with the services, supplies, and 
equipment that you procured for a specific evacuation; and
    (10) Containerization or packaging cost and transportation and 
disposal of hazardous wastes.
    (c) To be allowable, costs must:
    (1) NOT be higher than what a careful person would spend for similar 
products or services in your area; and
    (2) Be consistent with CERCLA and the federal cost principles 
outlined in OMB Circular A-87, ``Cost Principles for State and Local 
Governments.'' (Copies of the circular are available from the Office of 
Administration, Publications Office, New Executive Office Building, 725 
17th Street, NW., Room 2200, Washington, DC 20503.)
    (d) EPA will make final determinations on whether your costs are 
reasonable.