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CERCLA Administrative Hearing Procedures for Claims Asserted Against the Superfund

superfund · Rule · Published 1994-01-03 · Effective 1994-02-02 · 59 FR 25

Document

Document number
93-32034
Federal Register citation
59 FR 25
CFR reference
40 CFR 305
Type
Rule
Action
Final rule.
Category
superfund
Publication date
1994-01-03
Effective date
1994-02-02
EPA docket
Federal Register: January 3, 1994

Abstract

The Environmental Protection Agency (EPA or the Agency) is promulgating a final rule to implement section 112 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA section 112 outlines procedures for payments of claims authorized pursuant to CERCLA section 111. Furthermore, EPA uses the procedures authorized by CERCLA section 112 to reimburse parties for response costs incurred pursuant to CERCLA section 122. EPA reimburses the parties through payment of claims asserted against the Hazardous Substance Superfund (the Fund). The claims authority allows EPA to reimburse a person for the costs incurred for responding to an actual or threatened release of hazardous substances, pollutants, or contaminants if that person has received prior approval (preauthorization) from EPA to conduct a response action. If EPA denies all or part of a claim against the Fund for the costs incurred in conducting a preauthorized response action, the adversely affected claimant may request an administrative hearing to review that decision. This final rule establishes procedures to request such a hearing and governs the course of the proceeding following the request.

Source

Authoritative
Federal Register document
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