[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.1]

[Page 349-350]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 305_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 
 
                            Subpart A_General
 
Sec.  305.1  Scope.


    (a)(1) This part governs all administrative proceedings for the 
total or partial denial of response claims asserted

[[Page 350]]

against the Hazardous Substance Superfund (the Fund) pursuant to 
sections 111(a)(2) and 122(b)(1) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended 
by the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 
U.S.C. 9601 et seq.
    (2) Sections 111(a)(2) and 122(b)(1) of CERCLA authorize EPA, among 
other things, to use the Fund to reimburse certain persons who file 
claims for eligible response costs incurred in carrying out the National 
Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 
part 300. In the event that the Claims Official declines to pay all or 
part of a claim, a claimant may request an administrative hearing 
pursuant to Sec.  305.4(a) within 30 days after receiving notice of the 
Claims Official's decision. The procedures governing such a proceeding 
are set forth in this part.
    (b) Procedural questions arising at any stage of the proceeding 
which are not addressed in this part shall be resolved at the discretion 
of the Claims Official, the Review Officer, or the Presiding Officer, as 
appropriate.