[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18331]


[Federal Register: July 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

Superfund Program; Availability of Guidance Document

[FRL-5021-3]
AGENCY: Environmental Protection Agency.

ACTION: Notice of Availability of Guidance Document.

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Text

    Section 106(b) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 9606(b), as 
amended by the Superfund Amendments and Reauthorization Act of 1986, 
allows any person who complies with an EPA order issued under section 
106(a) of the statute to petition for reimbursement of the reasonable 
costs incurred in complying with the order, plus interest. Reimbursal 
is authorized if a petitioner can establish that it was not liable for 
response costs, or that the Agency's selection of a response action was 
arbitrary or capricious or 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 under EPA Delegation of Authority 
CERCLA 14-27 (June 1994). EPA is today announcing the availability of a 
guidance document, ``Guidance on Procedures for Submitting CERCLA 
Section 106(b) Petitions and on EPA Review of those Petitions,'' issued 
by the Environmental Appeals Board on June 9, 1994. This guidance 
document, which supersedes previous Agency guidance, details both the 
information a petitioner is expected to submit as part of a petition 
for reimbursement and the procedures the Board intends to follow in 
evaluating petitions. This guidance is applicable to all petitions 
submitted after June 9, 1994, and may also be applied, to the extent 
practicable, to petitions pending on that date.

FOR FURTHER INFORMATION CONTACT:
For copies of the guidance document or more detailed information on 
specific aspects of the Section 106(b) program, please contact Stuart 
Cane Environmental Appeals Board (1103B), U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington, DC 20460, (202) 501-7060.

    Dated: July 21, 1994.
Edward E. Reich,
Environmental Appeals Judge.
[FR Doc. 94-18331 Filed 7-27-94; 8:45 am]
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