[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: 40CFR310.23]

[Page 389]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 310_REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO 
 
                          Subpart B_Provisions
 
Sec.  310.23  How will EPA rank approved requests?

    (a) If necessary, EPA will rank approved reimbursement requests 
according to the financial burden the response costs impose on the local 
governments. We will estimate your financial burden by calculating the 
ratio of your allowable response costs to your annual per capita income 
adjusted for population. We will make adjustments for population so that 
a large city with a low per capita income will not necessarily receive a 
higher rank than a small town with a slightly higher per capita income. 
We will also consider other relevant financial information you may 
supply.
    (b) We will use the per capita income and population statistics 
published by the U.S. Department of Commerce, Bureau of the Census, in 
Current Population Reports, Local Population Estimates, Series P-26, 
``1988 Population and 1987 Per Capita Income Estimates for Counties and 
Incorporated Places,'' Vols. 88-S-SC, 88-ENC-SC, 88-NE-SC, 88-W-SC, 88-
WNC-SC, March 1990. The Director of the Federal Register has approved 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR Part 51. Copies are available from the Bureau of the Census, Office 
of Public Affairs, Department of Commerce, Constitution Avenue, NE., 
Washington, DC 20230 (1-202-763-4040). You may review a copy at the U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (c) Larger ratios receive a higher rank. We will reimburse requests 
with the highest ranks first. Once we rank your request, we will either:
    (1) Reimburse the request; or
    (2) Hold the request for reconsideration once additional funding is 
available.
    (d) The EPA reimbursement official will give you a written decision 
on whether the request will be reimbursed or held for future 
reconsideration.

[63 FR 8286, Feb. 18, 1998, as amended at 69 FR 18803, Apr. 9, 2004]