[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: 40CFR310.24] [Page 389-395] 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. 310.24 What happens if I provide incorrect or false information? (a) You must not knowingly or recklessly make any statement or provide any information in your reimbursement application that is false, misleading, misrepresented, or misstated. If you do provide incorrect or false information, and EPA relies on that information in making a reimbursement decision, we may deny your application and withdraw or recover the full amount of your award. In such a case, we would give you written notice of our intentions. (b) If you, as a reimbursement applicant or someone providing information to the applicant, knowingly give any false statement or claim as part of any application for reimbursement under section 123 of CERCLA, you may be subject to criminal, civil, or administrative liability under the False Statement Act (Pub. L. 97-398, 18 U.S.C. 1001) the False Claims Act (Pub. L. 99-562, 31 U.S.C. 3729), and the Program Fraud and Civil Remedies Act (Pub. L. 99-509, 31 U.S.C. 3801). Appendix I to Part 310--Frequently Asked Questions (1) Can I be reimbursed for hazmat team salaries? Generally, no; only unbudgeted overtime and/or extra time can be considered for reimbursement. (Sec. 310.11(b)(2)) (2) Will I be reimbursed for the cost of a destroyed fire truck? Up to $25,000 of the cost of a lost fire truck can be considered an allowable cost and therefore, reimbursable. However, if the local government has insurance covering such losses, then we would not reimburse you for a destroyed fire truck. (Sec. Sec. 310.11(b)(4) and 310.14) (3) If I have a release in an elementary school, can the school district apply for reimbursement? No, for purposes of the regulation in this part, a school district is considered a special purpose district of local government and therefore not eligible for reimbursement. The county or city where the incident happened may apply for reimbursement on behalf of the school district. (Sec. Sec. 310.03(e) and 310.05) [[Page 390]] (4) Why are incidents that involve a release of petroleum not eligible? Because this program is authorized under CERCLA, and petroleum is excluded under CERCLA, we can't reimburse you for response to releases involving only petroleum. If, however, some hazardous substances are also involved, your incident may be reimbursed. (Sec. 310.03(f)) (5) Can I be reimbursed for laying water lines to a community whose drinking water is affected by a release? No, laying water lines doesn't fall within the definition of temporary emergency measures. Providing bottled water on a temporary emergency basis is reimbursable. (Sec. 310.10(a)) (6) What if EPA gets too many applications in one year? In the beginning of the program, there was a statutory limitation on the amount of the Superfund that could be used for reimbursements. That limitation was approximately $1,000,000. The limitation has expired, and EPA has only reimbursed slightly over $1,000,000 in ten years. There has not been a year where we received too many applications. (7) If I incur significant costs trying to recover from the PRP, can I be reimbursed by EPA for those costs? No, legal expenses are not allowable costs. (Sec. 310.12(b)(7)). (8) Can I add attachments to the Application Form? Yes, attach any additional information that you feel is necessary. EPA will review all the information that you send. (9) Do I have to notify EPA before I send an application in, or before I take a response action? No, you aren't required to notify EPA in either case. We do suggest that you call the National Response Center to report the hazardous substance release, or if you use other response reporting channels, use them. If you need some help before submitting your application, we do suggest you call the LGR Help line (800-431-9209). (10) If two incidents happen in my town, within hours of each other, do I have to submit two separate applications? You aren't required to submit separate applications in this case, but if your total response costs are more than $25,000, it may be in your interest to submit separate applications for each single response. (Sec. 310.9) Appendix II to Part 310--EPA Regions and NRC Telephone Lines National Response Center............................. (800) 424-8802 EPA Regional Phone Numbers: Region I (ME, NH, VT, MA, RI, CT)................ (617) 723-8928 Region II (NJ, NY, PR, VI)....................... (800) 424-8802 Region III (PA, DE, MD, DC, VA, WV).............. (215) 814-3255 Region IV (NC, SC, TN, MS, AL, GA, FL, KY)....... (404) 562-8700 Region V (OH, IN, IL, WI, MN, MI)................ (312) 353-2318 Region VI (AR, LA, TX, OK, NM)................... (866) 372-7745 Region VII (IA, MO, KS, NE)...................... (913) 281-0991 Region VIII (CO, UT, WY, MT, ND, SD)............. (303) 293-1788 Region IX (AZ, CA, NV, AS, HI, GU, TT)........... (800) 300-2193 Region X (ID, OR, WA, AK)........................ (206) 553-1263 ------------------------------------------------------------------------ [63 FR 8286, Feb. 18, 1998, as amended at 70 FR 56577, Sept. 28, 2005] [[Page 391]] Appendix III to Part 310--Form: Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Release Under CERCLA Sec. 123 [GRAPHIC] [TIFF OMITTED] TR18FE98.000 [[Page 392]] [GRAPHIC] [TIFF OMITTED] TR18FE98.001 [[Page 393]] Attachment 1 to Form 9310-1 Cost Element Codes and Comments [Cost Element Codes for use in Table 1] ---------------------------------------------------------------------------------------------------------------- Code Cost category Cost element Comments ---------------------------------------------------------------------------------------------------------------- PC..................... Personnel Compensation............. PC1: Overtime--for Compensation of overtime services excess of the costs incurred local agency's standard specifically for a work day or work week. response will be PC2: Experts and considered only if consultants--for overtime is not services rendered on a otherwise provided for per diem or fee basis in the applicant's or for services of an operating budget. intermittent, advisory nature. TR..................... Transportation..................... TR1: Passenger vehicle Passenger and rental--for nonpassenger vehicle transportation of rental costs will be persons during considered for private evacuation. vehicles not owned or TR2: Nonpassenger operated by the vehicle rental--for applicant or other unit transportation of of local government. equipment or supplies. RC..................... Utilities.......................... RC1: Utilities--for Utility costs will be power, water, considered for private electricity and other utilities not owned or services exclusive of operated by the transportation and applicant or other unit communications. of local government. OS..................... Other Contractual Services......... OS1: Contracts for May include such items technical or scientific as specialized analysis--for tasks laboratory analyses and requiring specialized sampling. hazardous sustance response expertise. OS2: Decontamination services--for specialized cleaning or decontamination procedures and supplies to restore clothing, equipment or other serviceable gear to normal functioning. SM..................... Supplies and Materials............. SM1: Commodities--for May include such items protective gear and as chemical foam to clothing, cleanup tools suppress a fire; food and supplies and purchased specifically similar materials for an evacuation; air purchased specifically purifying canisters for for, and expended breathing apparatus; during, the response. disposable, protective suits and gloves; and sampling supplies. EQ..................... Equipment.......................... EQ1: Replacement--for Equipment replacement durable equipment costs will be declared a total loss considered if applicant as a result of can demonstrate total contamination during loss and proper the response. disposal of EQ2: Rents--for use of contaminated equipment. equipment owned by Equipment rental costs others. will be considered for privately owned equipment not owned or operated by the applicant or other unit of local government. ---------------------------------------------------------------------------------------------------------------- [[Page 394]] [GRAPHIC] [TIFF OMITTED] TR18FE98.002 [[Page 395]] [GRAPHIC] [TIFF OMITTED] TR18FE98.003