[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Page 76739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27996]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7851-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of revised guidance document.

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SUMMARY: 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), 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. The authority to decide whether to grant such petitions has been 
delegated by the President to the EPA Administrator, and redelegated to 
EPA's Environmental Appeals Board (EAB) under EPA Delegation of 
Authority CERCLA 14-27 (June 1994).
    The EAB issued procedural guidance (CERCLA Guidance) regarding the 
procedures for submission and review of petitions for reimbursement in 
June 1994. Based on its experience with reimbursement petitions after 
June 1994, the EAB issued revised CERCLA Guidance on October 9, 1996. 
The EAB issued a further revised version of its CERCLA Guidance on 
November 10, 2004. This Notice informs the general public of the 
availability of the November 10, 2004 revised CERCLA Guidance. The full 
text of the revised CERCLA Guidance is available on the EAB's Web site, 
http://www.epa.gov/eab, by clicking on ``EAB Guidance Documents.'' 
Copies of the document can also be obtained by calling Eurika Durr, 
Clerk of the Board, at the telephone number and e-mail address noted 
below.

FOR FURTHER INFORMATION CONTACT: For further information or for copies 
of the November 10, 2004 revised CERCLA Guidance, contact Eurika Durr, 
Clerk of the Board. Telephone number: (202) 233-0122. E-mail: 
[email protected].

    Dated: December 14, 2004.
Kathie A. Stein,
Environmental Appeals Judge.
[FR Doc. 04-27996 Filed 12-21-04; 8:45 am]
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