Regulacje i polityka gospodarcza · 25/10/1996

Revised Guidance on Procedures for Submitting CERCLA Section 106(b) Reimbursement Petitions and on EPA Review of Those Petitions

During June 1994, EPA's Environmental Appeals Board (Board) issued guidance regarding the procedures for submission and review of petitions for reimbursement under section 106(b)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9606(b)(2), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA). Section 106(b)(2) allows any person who has complied with an administrative order issued under section 106(a) of CERCLA to petition for reimbursement of the reasonable costs incurred in complying with the order, plus interest. To establish a claim for reimbursement, a petitioner must demonstrate that it was not liable for response costs under CERCLA section 107(a), or that EPA's selection of the ordered response action was arbitrary and capricious or was otherwise not in accordance with law. Based on its experience with such petitions since June 1994, the Board issued a revised version of its procedural guidance on October 9, 1996. This notice sets forth the full text of the Board's revised guidance for the convenience of interested members of the public.