(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).
Sec. 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)
(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)
Sec. Appendix II to Part 310--EPA Regions and NRC Telephone Lines ------------------------------------------------------------------------
------------------------------------------------------------------------National Response Center............................. (800) 424-8802EPA 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]
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 [GRAPHIC] [TIFF OMITTED] TR18FE98.001
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.---------------------------------------------------------------------------------------------------------------- [GRAPHIC] [TIFF OMITTED] TR18FE98.002 [GRAPHIC] [TIFF OMITTED] TR18FE98.003