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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:1.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | A | Subpart A—Introduction | § 1.1 Creation and authority. | EPA | Reorganization Plan 3 of 1970, established the U.S. Environmental Protection Agency (EPA) in the Executive branch as an independent Agency, effective December 2, 1970. | ||||
| 40:40:1.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | A | Subpart A—Introduction | § 1.3 Purpose and functions. | EPA | The U.S. Environmental Protection Agency permits coordinated and effective governmental action to assure the protection of the environment by abating and controlling pollution on a systematic basis. Reorganization Plan 3 of 1970 transferred to EPA a variety of research, monitoring, standard setting, and enforcement activities related to pollution abatement and control to provide for the treatment of the environment as a single interrelated system. Complementary to these activities are the Agency's coordination and support of research and antipollution activities carried out by State and local governments, private and public groups, individuals, and educational institutions. EPA reinforces efforts among other Federal agencies with respect to the impact of their operations on the environment. | ||||
| 40:40:1.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | A | Subpart A—Introduction | § 1.5 Organization and general information. | EPA | (a) The U.S. Environmental Protection Agency's basic organization consists of Headquarters and 10 Regional Offices. EPA Headquarters in Washington, DC maintains overall planning, coordination and control of EPA programs. Regional Administrators head the Regional Offices and are responsible directly to the Administrator for the execution of the Agency's programs within the boundaries of their Regions. (b) EPA's Directives System contains definitive statements of EPA's organization, policies, procedures, assignments of responsibility, and delegations of authority. Copies are available for public inspection and copying at the Management and Organization Division, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Information can be obtained from the Office of Public Affairs at all Regional Offices. (c) EPA conducts procurement pursuant to the Federal Property and Administrative Services Act, the Federal Procurement Regulations, and implementing EPA regulations. | ||||
| 40:40:1.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | A | Subpart A—Introduction | § 1.7 Location of principal offices. | EPA | [50 FR 26721, June 28, 1985, as amended at 62 FR 1833, Jan. 14, 1997; 75 FR 69349, Nov. 12, 2010; 76 FR 49670, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 84 FR 44226, Aug. 23, 2019; 89 FR 86744, Oct. 31, 2024] | (a) The EPA Headquarters is in Washington, DC. The mailing address is 1200 Pennsylvania Ave., NW., Washington, DC 20460. (b) The address of (and States served by) the EPA Regional Offices (see § 1.61) are: (1) Region I, U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109-3912. (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.) (2) Region II, U.S. Environmental Protection Agency, Room 900, 26 Federal Plaza, New York, NY 10278. (New Jersey, New York, Puerto Rico, and the Virgin Islands.) (3) Region III, U.S. Environmental Protection Agency, 841 Chestnut Street, Philadelphia, PA 19107. (Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia.) (4) Region IV, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.) (5) Region V, U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, IL 60604. (Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.) (6) EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102. (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.) (7) Region 7, U.S. Environmental Protection Agency, 11201 Renner Boulevard, Lenexa, Kansas 66219. (Iowa, Kansas, Missouri, and Nebraska.) (8) Region VIII, U.S. Environmental Protection Agency, 999 18th street, One Denver Place, Denver, CO 80202. (Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.) (9) Region IX, U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, California 94105. (Arizona, California, Hawaii, Nevada; the territories of American Samoa and Guam; the Commonwealth of the Northern Mariana Islands; the territories of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Islands; and certain U.S. Government activities in the freely associated states of the Republic of the Marshall Island… | |||
| 40:40:1.0.1.1.1.2.1.1 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.21 General. | EPA | EPA Headquarters is comprised of: (a) The Office of the Administrator; (b) Two Associate Administrators and four staff offices which advise the Administrator on cross-cutting Agency headquarters and regional issues and conduct programs with respect to EPA's interface with other national and international governmental organizations; (c) The Office of Inspector General; (d) The Office of General Counsel; and (e) Nine operational offices, each headed by an Assistant Administrator, responsible for carrying out EPA's major environmental and administrative programs. | ||||
| 40:40:1.0.1.1.1.2.1.10 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.39 Office of Policy, Planning and Evaluation. | EPA | The Assistant Administrator for Policy, Planning and Evaluation services as principal adviser to the Administrator on Agency policy and planning issues and as such is responsible for supervision and management of the following: Policy analysis; standards and regulations; and management strategy and evaluation. The Assistant Administrator represents the Administrator with Congress and the Office of Management and Budget, and other Federal agencies prescribing requirements for conduct for Government management activities. (a) Office of Policy Analysis. The Office of Policy Analysis is under the supervision of a Director who performs the following functions on an Agencywide basis: economic analysis of Agency programs, policies, standards, and regulations, including the estimation of abatement costs; research into developing new benefits models; benefit-cost analyses; impact assessments; intermediate and long-range strategic studies; consultation and analytical assistance in the areas described above to senior policy and program officials and other offices in the Agency; development and coordination proposals for major new Agency initiatives; liaison with other agencies; universities, and interest groups on major policy issues and development of a coordinated Agency position; and development of integrated pollution control strategies for selected industrial and geographical areas. (b) Office of Standards and Regulations. The Office of Standards and Regulations is under the supervision of a Director who is responsible for: involving the Office of Policy, Planning and Evaluation (OPPE) in regulatory review; conducting technical and statistical analyses of proposed standards, regulations and guidelines; serving as the Agency focal point for identifying, developing and implementing alternatives to conventional “command and control” regulations; conducting analyses of Agency activities related to chemical substances and providing mechanisms for establishing regulatory priorities and resolving scientific issues affec… | ||||
| 40:40:1.0.1.1.1.2.1.11 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.41 Office of Air and Radiation. | EPA | The Office of Air and Radiation is under supervision of the Assistant Administrator for Air and Radiation who serves as principal adviser to the Administrator in matters pertaining to air and radiation programs, and is responsible for the management of these EPA programs: Program policy development and evaluation; environmental and pollution sources' standards development; enforcement of standards; program policy guidance and overview, technical support or conduct of compliance activities and evaluation of Regional air and radiation program activities; development of programs for technical assistance and technology transfer; and selected demonstration programs. (a) Office of Mobile Sources. The Office of Mobile Sources, under the supervision of a Director, is responsible for the mobile source air pollution control functions of the Office of Air and Radiation. The Office is responsible for: Characterizing emissions from mobile sources and related fuels; developing programs for their control, including assessment of the status of control technology and in-use vehicle emissions; for carrying out, in coordination with the Office of Enforcement and Compliance Monitoring as appropriate, a regulatory compliance program to ensure adherence of mobile sources to standards; and for fostering the development of State motor vehicles emission inspection and maintenance programs. (b) Office of Air Quality Planning and Standards. The Office of Air Quality Planning and Standards, under the supervision of a Director, is responsible for the air quality planning and standards functions of the Office of Air and Radiation. The Director for Air Quality Planning and Standards is responsible for emission standards for new stationary sources, and emission standards for hazardous pollutants; for developing national programs, technical policies, regulations, guidelines, and criteria for air pollution control; for assessing the national air pollution control program and the success in achieving air quality goals; for providing assistan… | ||||
| 40:40:1.0.1.1.1.2.1.12 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.43 Office of Chemical Safety and Pollution Prevention. | EPA | [77 FR 46290, Aug. 3, 2012] | The Assistant Administrator, Office of Chemical Safety and Pollution Prevention (OCSPP), serves as the principal adviser to the Administrator in matters pertaining to assessment and regulation of pesticides and toxic substances and is responsible for managing the Agency's pesticides and toxic substances programs under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Federal Food, Drug, and Cosmetic Act (FFDCA); the Toxic Substances Control Act (TSCA); the Pollution Prevention Act (PPA); and portions of several other statutes. The Assistant Administrator has responsibility for establishing Agency strategies for implementation and integration of the pesticides and the toxic substances programs under applicable Federal statutes; developing and operating Agency programs and policies for assessment and control of pesticides and toxic substances; developing recommendations for Agency priorities for research, monitoring, regulatory, and information-gathering activities relating to pesticides and toxic substances; developing scientific, technical, economic, and social databases for the conduct of hazard assessments and evaluations in support of toxic substances and pesticides activities; providing toxic substances and pesticides program guidance to EPA Regional Offices and monitoring, evaluating, and assessing pesticides and toxic substances program operations in EPA Headquarters and Regional Offices. (a) Office of Pesticide Programs. The Office of Pesticide Programs (OPP), under the management of a Director and Deputy Director are responsible to the Assistant Administrator for leadership of the overall pesticide activities of the Agency under the authority of FIFRA, FFDCA, and portions of several other statutes. Responsibilities include the development of strategic plans for the control of the national environmental pesticide situation. Such plans are implemented by OPP, other EPA components, other Federal agencies, or by State, local, and private sectors. OPP is also responsible for establishment… | |||
| 40:40:1.0.1.1.1.2.1.13 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.45 Office of Research and Development. | EPA | [50 FR 26721, June 28, 1985, as amended at 52 FR 30360, Aug. 14, 1987] | The Office of Research and Development is under the supervision of the Assistant Administrator for Research and Development who serves as the principal science adviser to the Administrator, and is responsible for the development, direction, and conduct of a national research, development and demonstration program in: Pollution sources, fate, and health and welfare effects; pollution prevention and control, and waste management and utilization technology; environmental sciences; and monitoring systems. The Office participates in the development of Agency policy, standards, and regulations and provides for dissemination of scientific and technical knowledge, including analytical methods, monitoring techniques, and modeling methodologies. The Office serves as coordinator for the Agency's policies and programs concerning carcinogenesis and related problems and assures appropriate quality control and standardization of analytical measurement and monitoring techniques utilized by the Agency. The Office exercises review and concurrence responsibilities on an Agencywide basis in all budgeting and planning actions involving monitoring which require Heardquarters approval. (a) Office of Acid Deposition, Environmental Monitoring and Quality Assurance. The Office of Acid Deposition, Environmental Monitoring and Quality Assurance (OADEMQA), under the supervision of an Office Director, is responsible for planning, managing and evaluating a comprehensive program for: (1) Monitoring the cause and effects of acid deposition; (2) Research and development on the causes, effects and corrective steps for the acid deposition phenomenon; (3) Research with respect to the transport and fate of pollutants which are released into the atmosphere; (4) Development and demonstration of techniques and methods to measure exposure and to relate ambient concentrations to exposure by critical receptors; (5) Research, development and demonstration of new monitoring methods, systems, techniques and equipment for detection, identification and … | |||
| 40:40:1.0.1.1.1.2.1.14 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.47 Office of Land and Emergency Management. | EPA | [80 FR 77577, Dec. 15, 2015] | The Office of Land and Emergency Management (OLEM), also referred to as the Office of Solid Waste, or the Office of Solid Waste and Emergency Response, under the supervision of the Assistant Administrator for Land and Emergency Management, also referred to as the Assistant Administrator of the Office of Solid Waste, provides Agencywide policy, guidance, and direction for the Agency's solid and hazardous wastes and emergency response programs. This Office has primary responsibility for implementing the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA—“Superfund”), as amended by the Superfund Amendments and Reauthorization Act (SARA); the Emergency Planning and Community Right-to-Know Act; the Oil Pollution Act; Clean Water Act section 311; and the Mercury-Containing and Rechargeable Battery Management Act; among other laws. In addition to managing those programs, the Assistant Administrator serves as principal adviser to the Administrator in matters pertaining to them. The Assistant Administrator's responsibilities include: Program policy development and evaluation; development of appropriate hazardous waste standards and regulations; ensuring compliance with applicable laws and regulations; program policy guidance and overview, technical support, and evaluation of Regional solid and hazardous wastes and emergency response activities; development of programs for technical, programmatic, and compliance assistance to States and local governments; development of guidelines and standards for the land disposal of hazardous wastes; analyses of the recovery of useful energy from solid waste; development and implementation of a program to respond to uncontrolled hazardous waste sites and spills (including oil spills); long-term strategic planning and special studies; economic and long-term environmental analyses; economic impact assessment of regulations under RCRA, CERCLA, and other relevant statutes; analyses of alternative technologies and t… | |||
| 40:40:1.0.1.1.1.2.1.15 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.49 Office of Water. | EPA | [50 FR 26721, June 28, 1985, as amended at 52 FR 30360, Aug. 14, 1987] | The Office of Water, under the supervision of the Assistant Administrator for Water who serves as the principal adviser to the Administrator in matters pertaining to water programs, is responsible for management of EPA's water programs. Functions of the Office include program policy development and evaluation; environmental and pollution source standards development; program policy guidance and overview; technical support; and evaluation of Regional water activities; the conduct of compliance and permitting activities as they relate to drinking water and water programs; development of programs for technical assistance and technology transfer; development of selected demonstration programs; economic and long-term environmental analysis; and marine and estuarine protection. (a) Office of Water Enforcement and Permits. The Office of Water Enforcement and Permits, under the supervision of a Director, develops policies, strategies, procedures and guidance for EPA and State compliance monitoring, evaluation, and enforcement programs for the Clean Water Act and the Marine Protection Research and Sanctuaries Act. The Office also provides national program direction to the National Pollutant Discharge Elimination System permit program. The office has overview responsibilities and provides technical assistance to the regional activities in both enforcement and permitting programs. (b) Office of Water Regulations and Standards. The Office of Water Regulations and Standards, under the supervision of a Director, is responsible for the Agency's water regulations and standards functions. The Office is responsible for developing an overall program strategy for the achievement of water pollution abatement in cooperation with other appropriate program offices. The Office assures the coordination of all national water-related activities within this water program strategy, and monitors national progress toward the achievement of water quality goals and is responsible for the development of effluent guidelines and water quality … | |||
| 40:40:1.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.23 Office of the Administrator. | EPA | The Environmental Protection Agency is headed by an Administrator who is appointed by the President, by and with the consent of the Senate. The Administrator is responsible to the President for providing overall supervision to the Agency, and is assisted by a Deputy Administrator also appointed by the President, by and with the consent of the Senate. The Deputy Administrator assists the Administrator in the discharge of Agency duties and responsibilities and serves as Acting Administrator in the absence of the Administrator. | ||||
| 40:40:1.0.1.1.1.2.1.3 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.25 Staff offices. | EPA | [50 FR 26721, June 28, 1985, as amended at 57 FR 5323, Feb. 13, 1992; 63 FR 67780, Dec. 9, 1998; 85 FR 51655, Aug. 21, 2020; 86 FR 31176, June 11, 2021] | (a) Office of Administrative Law Judges. The Office of Administrative Law Judges, under the supervision of the Chief Administrative Law Judge, is responsible for presiding over and conducting formal hearings, and issuance of initial decisions, if appropriate, in such proceedings. The Office provides supervision of the Administrative Law Judges, who operate as a component of the Office of Administrative Law Judges, in certain Agency Regional Offices. The Office provides the Agency Hearing Clerk. (b) Office of Civil Rights. The Office of Civil Rights, under the supervision of a Director, serves as the principal adviser to the Administrator with respect to EPA's civil rights programs. The Office develops policies, procedures, and regulations to implement the Agency's civil rights responsibilities, and provides direction to Regional and field activities in the Office's area of responsibilities. The Office implements and monitors the Agency's equal employment opportunity program; provides advice and guidance to EPA program officials and Regional Administrators on EEO matters; serves as advocate for furthering career opportunities for minorities and women; and processes complaints of discrimination for Agency disposition. The office assures: (1) Maximum participation of minority business enterprises under EPA contracts and grants; (2) Equal employment opportunity under Agency service contracts, construction contracts, and grants; (3) Compliance with the Davis-Bacon Act and related acts; (4) Compliance with the provisions of laws affecting Agency programs requiring nondiscrimination on account of age and physical handicap and; (5) Services or benefits are dispensed under any program or activity receiving Agency financial assistance on a nondiscrimination basis. (c) Science Advisory Board. The Science Advisory Board, under the direction of a Director, provides expert and independent advice to the Administrator on the scientific and technical issues facing the Agency. The Office advises on broad, scientific, … | |||
| 40:40:1.0.1.1.1.2.1.4 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.27 Offices of the Associate Administrators. | EPA | (a) Office of International Activities. The Office of International Activities, under the supervision of an Associate Administrator, provides direction to and supervision of the activities, programs, and staff assigned to the Office of International Activities. All of the functions and responsibilities of the Associate Administrator are Agencywide, and apply to all international activities of the Agency. The Office develops policies and procedures for the direction of the Agency's international programs and activities, subject to U.S. foreign policy, and assures that adequate program, scientific, and legal inputs are provided. It conducts continuing evaluations of the Agency's international activities and makes appropriate recommendations to the Administrator. The Office advises the Administrator and principal Agency officials on the progress and effect of foreign and international programs and issues. The Office serves as the Administrator's representative in contacts with the Department of State and other Federal agencies concerned with international affairs. It negotiates arrangements or understandings relating to international cooperation with foreign organizations. The Office coordinates Agency international contacts and commitments; serves as the focal point for responding to requests for information relating to EPA international activities; and provides an initial point of contact for all foreign visitors. The Office maintains liaison with all relevant international organizations and provides representation where appropriate. It establishes Agency policy, and approves annual plans and modifications for travel abroad and attendance at international conferences and events. It provides administrative support for the general activities of the Executive Secretary of the U.S. side of the US-USSR/PRC agreements on environmental protection and of the U.S. Coordinator for the NATO Committee on the Challenges of Modern Society. The Office supervises these programs with respect to activities which are completely wi… | ||||
| 40:40:1.0.1.1.1.2.1.5 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.29 Office of Inspector General. | EPA | The Office of Inspector General assumes overall responsibility for audits and investigations relating to EPA programs and operations. The Office provides leadership and coordination and recommends policies for other Agency activities designed to promote economy and efficiency and to prevent and detect fraud and abuse is such programs and operations. The Office of the Inspector General informs the Administrator, Deputy Administrator, and Congress of serious problems, abuses and deficiencies relating to EPA programs and operations, and of the necessity for and progress of corrective action; and reviews existing and proposed legislation and regulations to assess the impact on the administration of EPA's programs and operations. The Office recommends policies for, and conducts or coordinates relationships between, the Agency and other Federal, State and local government agencies, and nongovernmental entities on all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered by the Agency. | ||||
| 40:40:1.0.1.1.1.2.1.6 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.31 Office of General Counsel. | EPA | The Office of General Counsel is under the supervision of the General Counsel who serves as the primary legal adviser to the Administrator. The office provides legal services to all organizational elements of the Agency with respect to all Agency programs and activities and also provides legal opinions, legal counsel, and litigation support; and assists in the formulation and administration of the Agency's policies and programs as legal adviser. | ||||
| 40:40:1.0.1.1.1.2.1.7 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.33 Office of Administration and Resources Management. | EPA | The Office of Administration and Resources Management is under the supervision of the Assistance Administrator for Administration and Resources Management who provides services to all of the programs and activities of the Agency, except as may be specifically noted. In addition, the Assistant Administrator has primary responsibility Agencywide for policy and procedures governing the functional areas outlined below. The major functions of the Office include resources management and systems (including budget and financial management), personnel services, occupational health and safety, administrative services, organization and management analysis and systems development, information management and services, automated data processing systems, procurement through contracts and grants, and human resources management. This Office is the primary point of contact and manages Agencywide internal controls, audit resolution and follow up, and government-wide management improvement initiatives. In the performance of the above functions and responsibilities, the Assistant Administrator for Administration and Resources Management represents the Administrator in communications with the Office of Management and Budget, Office of Personnel Management, General Accounting Office, General Services Administration, Department of the Treasury, and other Federal agencies prescribing requirements for the conduct of Government budget, fiscal management and administrative activities. (a) Office of Administration and Resources Management, Research Triangle Park, North Carolina, (RTP). The Office of Administration and Resources Management (OARM), RTP, under the supervision of a Director, provides services to all of the programs and activities at RTP and certain financial and automated data processing services Agencywide. The major functions of the Office include personnel services, financial management, procurement through contracts, library and other information services, general services (including safety and security, property and supp… | ||||
| 40:40:1.0.1.1.1.2.1.8 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.35 Office of Enforcement and Compliance Monitoring. | EPA | The Office of Enforcement and Compliance Monitoring, under the supervision of the Assistant Administrator for Enforcement and Compliance Monitoring, serves as the principal adviser to the Administrator in matters concerning enforcement and compliance; and provides the principal direction and review of civil enforcement activities for air, water, waste, pesticides, toxics, and radiation. The Assistant Administrator reviews the efforts of each Assistant and Regional Administrator to assure that EPA develops and conducts a strong and consistent enforcement and compliance monitoring program. The Office manages the national criminal enforcement program; ensures coordination of media office administrative compliance programs, and civil and criminal enforcement activities; and provides technical expertise for enforcement activities. | ||||
| 40:40:1.0.1.1.1.2.1.9 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | B | Subpart B—Headquarters | § 1.37 Office of External Affairs. | EPA | [50 FR 26721, June 28, 1985, as amended at 52 FR 30359, Aug. 14, 1987] | (a) Office of Federal Activities. The Office of Federal Activities is headed by a Director who reports to the Assistant Administrator for External Affairs and supervises all the functions of the Office. The Director acts as national program manager for five major programs that include: (1) The review of other agency environmental impact statements and other major actions under the authority of Section 309 of the Clean Air Act; (2) EPA compliance with the National Environmental Policy Act (NEPA) and related laws, directives, and Executive policies concerning special environmental areas and cultural resources; (3) Compliance with Executive policy on American Indian affairs and the development of programs for environmental protection on Indian lands; and (4) The development and oversight of national programs and internal policies, strategies, and procedures for implementing Executive Order 12088 and other administrative or statutory provisions concerning compliance with environmental requirements by Federal facilities. The Director chairs the Standing Committee on Implementation of Executive Order 12088. The Office serves as the Environmental Protection Agency's (EPA) principal point of contact and liaison with other Federal agencies and provides consultation and technical assistance to those agencies relating to EPA's areas of expertise and responsibility. The Office administers the filing and information system for all Federal Environmental Impact Statements under agreement with the Council on Environmental Quality (CEQ) and provides liaison with CEQ on this function and related matters of NEPA program administration. The Office provides a central point of information for EPA and the public on environmental impact assessment techniques and methodologies. (b) Office of Public Affairs. The Office of Public Affairs is under the supervision of a Director who serves as chief spokesperson for the Agency and as a principal adviser, along with the Assistant Administrator for External Affairs, to the Adminstrator,… | |||
| 40:40:1.0.1.1.1.3.1.1 | 40 | Protection of Environment | I | A | 1 | PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION | C | Subpart C—Field Installations | § 1.61 Regional Offices. | EPA | Regional Administrators are responsible to the Administrator, within the boundaries of their Regions, for the execution of the Regional Programs of the Agency and such other responsibilities as may be assigned. They serve as the Administrator's prinicipal representatives in their Regions in contacts and relationships with Federal, State, interstate and local agencies, industry, academic institutions, and other public and private groups. Regional Administrators are responsible for: (a) Accomplishing national program objectives within the Regions as established by the Administrator, Deputy Administrator, Assistant Administrators, Associate Administrators, and Heads of Headquarters Staff Offices; (b) Developing, proposing, and implementing approved Regional programs for comprehensive and integrated environmental protection activities; (c) Total resource management in their Regions within guidelines provided by Headquarters; (d) Conducting effective Regional enforcement and compliance programs; (e) Translating technical program direction and evaluation provided by the various Assistant Administrators, Associate Administrators and Heads of Headquarters Staff Offices, into effective operating programs at the Regional level, and assuring that such programs are executed efficiently; (f) Exercising approval authority for proposed State standards and implementation plans; and (g) Providing for overall and specific evaluations of Regional programs, both internal Agency and State activities. | ||||
| 40:40:1.0.1.1.10.1.1.1 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | A | Subpart A—General | § 10.1 Scope of regulations. | EPA | [51 FR 25832, July 16, 1986] | The regulations in this part apply only to claims asserted under the Federal Tort Claims Act, as amended, 28 U.S.C. 2671-2680, for money damages against the United States because of damage to or loss of property or personal injury or death, caused by the negligent or wrongful act or omission of any employee of the Environmental Protection Agency (EPA) while acting within the scope of his/her employment. | |||
| 40:40:1.0.1.1.10.2.1.1 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.2 Administrative claim; when presented; place of filing. | EPA | [38 FR 16868, June 27, 1973, as amended at 51 FR 25832, July 16, 1986] | (a) For purpose of the regulations in this part, a claim shall be deemed to have been presented when the Environmental Protection Agency receives, at a place designated in paragraph (c) of this section, an executed Standard Form 95 or other written notification of an incident accompanied by a claim for money damages in a sum certain for damage to or loss of property, for personal injury, or for death, alleged to have occurred by reason of the incident. A claim which should have been presented to EPA, but which was mistakenly addressed to or filed with another Federal agency, shall be deemed to be presented to EPA as of the date that the claim is received by EPA. A claim mistakenly addressed to or filed with EPA shall forthwith be transferred to the appropriate Federal agency, if ascertainable, or returned to the claimant. (b) A claim presented in compliance with paragraph (a) of this section may be amended by the claimant at any time prior to final action by the Administrator, or his designee, or prior to the exercise of the claimant's option to bring suit under 28 U.S.C. 2675(a). Amendments shall be submitted in writing and signed by the claimant or his duly authorized agent or legal representative. Upon the timely filing of an amendment to a pending claim, EPA shall have 6 months in which to make a final disposition of the claim as amended and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing of an amendment. (c) Forms may be obtained and claims may be filed with the EPA office having jurisdiction over the employee involved in the accident or incident, or with the EPA Claims Officer, Office of General Counsel (2311), 1200 Pennsylvania Ave., NW., Washington, DC 20460. | |||
| 40:40:1.0.1.1.10.2.1.10 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.11 Relationship to other agency regulations. | EPA | [38 FR 16868, June 27, 1973, as amended at 51 FR 25832, July 16, 1986] | The regulations in this part supplement the Attorney General's regulations in part 14 of chapter 1 of title 28, CFR, as amended. Those regulations, including subsequent amendments thereto, and the regulations in this part apply to the consideration by the Environmental Protection Agency of administrative claims under the Federal Tort Claims Act. | |||
| 40:40:1.0.1.1.10.2.1.2 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.3 Administrative claims; who may file. | EPA | (a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject of the claim, his duly authorized agent, or his legal representative. (b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal representative. (c) A claim based on death may be presented by the executor or administrator of the decedent's estate or by any other person legally entitled to assert such a claim under applicable State law. (d) A claim for loss wholly compensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially compensated by an insurer with the rights of a subrogee may be presented by the insurer or the insured individually as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee. (e) A claim presented by an agent or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative. | ||||
| 40:40:1.0.1.1.10.2.1.3 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.4 Evidence to be submitted. | EPA | (a) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information: (1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent. (2) Decedent's employment or occupation at time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation. (3) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his death. (4) Degree of support afforded by the decendent to each survivor dependent upon him for support at the time of his death. (5) Decedent's general physical and mental condition before death. (6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payments for such expenses. (7) If damages for pain and suffering prior to death are claimed, a physician's detailed statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain and the decedent's physical condition in the interval between injury and death. (8) Any other evidence or information which may have a bearing on either the responsibility of the United States for the death or the damages claimed. (b) Personal Injury. In support of a claim for personal injury, including pain and suffering, the claimant may be required to submit the following evidence or information: (1) A written report by his attending physician or dentist setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed or designated by EPA. A copy of the report of the examining ph… | ||||
| 40:40:1.0.1.1.10.2.1.4 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.5 Investigation, examination, and determination of claims. | EPA | [51 FR 25832, July 16, 1986] | The EPA Claims Officer adjusts, determines, compromises and settles all administrative tort claims filed with EPA. In carrying out these functions, the EPA Claims Officer makes such investigations as are necessary for a determination of the validity of the claim. The decision of the EPA Claims Officer is a final agency decision of purposes of 28 U.S.C. 2675. | |||
| 40:40:1.0.1.1.10.2.1.5 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.6 Final denial of claim. | EPA | (a) Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with EPA's action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification. (b) Prior to the commencement of suit and prior to the expiration of the 6-month period after the date of mailing by certified or registered mail of notice of final denial of the claim as provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the EPA for reconsideration of a final denial of a claim under paragraph (a) of this section. Upon the timely filing of a request for reconsideration, EPA shall have 6 months from the date of filing in which to make a final disposition of the claim and the claimant's option under 28 U.S.C. 2675(a) to bring suit shall not accrue until 6 months after the filing of a request for reconsideration. Final action on a request for reconsideration shall be effected in accordance with the provisions of paragraph (a) of this section. | ||||
| 40:40:1.0.1.1.10.2.1.6 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.7 Payment of approved claim. | EPA | (a) Upon allowance of his claim, claimant or his duly authorized agent shall sign the voucher for payment, Standard Form 1145, before payment is made. (b) When the claimant is represented by an attorney, the voucher for payment (SF 1145) shall designate both the claimant and his attorney as “payees.” The check shall be delivered to the attorney whose address shall appear on the voucher. (c) No attorney shall charge fees in excess of 25 percent of a judgment or settlement after litigation, or in excess of 20 percent of administrative settlements (28 U.S.C. 2678). | ||||
| 40:40:1.0.1.1.10.2.1.7 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.8 Release. | EPA | Acceptance by the claimant, his agent or legal representative of any award, compromise or settlement made hereunder, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of all claims against either the United States or any employee of the Government arising out of the same subject matter. | ||||
| 40:40:1.0.1.1.10.2.1.8 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.9 Penalties. | EPA | [38 FR 16868, June 27, 1973, as amended at 51 FR 25832, July 16, 1986] | A person who files a false claim or makes a false or fraudulent statement in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287,1001), and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage sustained by the United States (31 U.S.C. 3729). | |||
| 40:40:1.0.1.1.10.2.1.9 | 40 | Protection of Environment | I | A | 10 | PART 10—ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT | B | Subpart B—Procedures | § 10.10 Limitation on Environmental Protection Agency's authority. | EPA | (a) An award, compromise or settlement of a claim hereunder in excess of $25,000 shall be effected only with the prior written approval of the Attorney General or his designee. For the purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim. (b) An administrative claim may be adjusted, determined, compromised or settled hereunder only after consultation with the Department of Justice when, in the opinion of the Environmental Protection Agency: (1) A new precedent or a new point of law is involved; or (2) A question of policy is or may be involved; or (3) The United States is or may be entitled to indemnity or contribution from a third party and the Agency is unable to adjust the third party claim; or (4) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000. (c) An administrative claim may be adjusted, determined, compromised, or settled by EPA hereunder only after consultation with the Department of Justice when EPA is informed or is otherwise aware that the United States or an employee, agent, or cost-plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction. | ||||
| 40:40:1.0.1.1.11.0.1.1 | 40 | Protection of Environment | I | A | 11 | PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 | § 11.1 Purpose. | EPA | These regulations establish policy and procedures governing the classification and declassification of national security information. They apply also to information or material designated under the Atomic Energy Act of 1954, as amended, as “Restricted Data,” or “Formerly Restricted Data” which, additionally, is subject to the provisions of the Act and regulations of the Atomic Energy Commission. | ||||||
| 40:40:1.0.1.1.11.0.1.2 | 40 | Protection of Environment | I | A | 11 | PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 | § 11.2 Background. | EPA | While the Environmental Protection Agency does not have the authority to originally classify information or material in the interest of the national security, it may under certain circumstances downgrade or declassify previously classified material or generate documents incorporating classified information properly originated by other agencies of the Federal Government which must be safeguarded. Agency policy and procedures must conform to applicable provisions of Executive Order 11652, and the National Security Council Directive of May 17, 1972, governing the safeguarding of national security information. | ||||||
| 40:40:1.0.1.1.11.0.1.3 | 40 | Protection of Environment | I | A | 11 | PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 | § 11.3 Responsibilities. | EPA | (a) Classification and Declassification Committee: This committee, appointed by the Administrator, has the authority to act on all suggestions and complaints with respect to EPA's administration of this order. It shall establish procedures to review and act within 30 days upon all applications and appeals regarding requests for declassification. The Administrator, acting through the committee, shall be authorized to overrule previous determinations in whole or in part when, in its judgment, continued protection is no longer required. If the committee determines that continued classification is required under section 5(B) of Executive Order 11652, it shall promptly so notify the requester and advise him that he may appeal the denial to the Interagency Classification Review Committee. (b) Director, Security and Inspection Division, Office of Administration: The Director, Security and Inspection Division, is responsible for the overall management and direction of a program designed to assure the proper handling and protection of classified information, and that classified information in the Agency's possession bears the appropriate classification markings. He also will assure that the program operates in accordance with the policy established herein, and will serve as Secretary of the Classification and Declassification Committee. (c) Assistant Administrators, Regional Administrators, Heads of Staff Offices, Directors of National Environmental Research Centers are responsible for designating an official within their respective areas who shall be responsible for: (1) Serving as that area's liaison with the Director, Security and Inspection Division, for questions or suggestions concerning security classification matters. (2) Reviewing and approving, as the representative of the contracting offices, the DD Form 254, Contract Security Classification Specification, issued to contractors. (d) Employees; (1) Those employees generating documents incorporating classified information properly originated by other agencie… | ||||||
| 40:40:1.0.1.1.11.0.1.4 | 40 | Protection of Environment | I | A | 11 | PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 | § 11.4 Definitions. | EPA | (a) Classified information. Official information which has been assigned a security classification category in the interest of the national defense or foreign relations of the United States. (b) Classified material. Any document, apparatus, model, film, recording, or any other physical object from which classified information can be derived by study, analysis, observation, or use of the material involved. (c) Marking. The act of physically indicating the classification assignment on classified material. (d) National security information. As used in this order this term is synonymous with “classified information.” It is any information which must be protected against unauthorized disclosure in the interest of the national defense or foreign relations of the United States. (e) Security classification assignment. The prescription of a specific security classification for a particular area or item of information. The information involved constitutes the sole basis for determining the degree of classification assigned. (f) Security classification category. The specific degree of classification (Top Secret, Secret or Confidential) assigned to classified information to indicate the degree of protection required. (1) Top Secret. Top Secret refers to national security information or material which requires the highest degree of protection. The test for assigning Top Secret classification shall be whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. Examples of “exceptionally grave damage” include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security. This classification shall be used with the utmost rest… | ||||||
| 40:40:1.0.1.1.11.0.1.5 | 40 | Protection of Environment | I | A | 11 | PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 | § 11.5 Procedures. | EPA | (a) General. Agency instructions on access, marking, safekeeping, accountability, transmission, disposition, and destruction of classification information and material will be found in the EPA Security Manual for Safeguarding Classified Material. These instructions shall conform with the National Security Council Directive of May 17, 1972, governing the classification, downgrading, declassification, and safeguarding of National Security Information. (b) Classification. (1) When information or material is originated within EPA and it is believed to require classification, the person or persons responsible for its origination shall protect it in the manner prescribed for protection of classified information. The information will then be transmitted under appropriate safeguards to the Director, Security and Inspection Division, who will forward it to the department having primary interest in it with a request that a classification determination be made. (2) A holder of information or material which incorporates classified information properly originated by other agencies of the Federal Government shall observe and respect the classification assigned by the originator. (3) If a holder believes there is unnecessary classification, that the assigned classification is improper, or that the document is subject to declassification, he shall so advise the Director, Security and Inspection Division, who will be responsible for obtaining a resolution. (c) Downgrading and declassification. Classified information and material officially transferred to the Agency during its establishment, pursuant to Reorganization Plan No. 3 of 1970, shall be declassified in accordance with procedures set forth below. Also, the same procedures will apply to the declassification of any information in the Agency's possession which originated in departments or agencies which no longer exist, except that no declassification will occur in such cases until other departments having an interest in the subject matter have been consulted. Othe… | ||||||
| 40:40:1.0.1.1.11.0.1.6 | 40 | Protection of Environment | I | A | 11 | PART 11—SECURITY CLASSIFICATION REGULATIONS PURSUANT TO EXECUTIVE ORDER 11652 | § 11.6 Access by historical researchers and former Government officials. | EPA | (a) Access to classified information or material may be granted to historical researchers or to persons who formerly occupied policymaking positions to which they were appointed by the President: Provided, however, That in each case the head of the originating Department shall: (1) Determine that access is clearly consistent with the interests of the national security; and (2) Take appropriate steps to assure that classified information or material is not published or otherwise compromised. (b) Access granted a person by reason of his having previously occupied a policymaking position shall be limited to those papers which the former official originated, reviewed, signed, or received while in public office, except as related to the “Declassification of Presidential Papers,” which shall be treated as follows: (1) Declassification of Presidential Papers. The Archivist of the United States shall have authority to review and declassify information and material which has been classified by a President, his White House Staff or special committee or commission appointed by him and which the Archivist has in his custody at any archival depository, including a Presidential library. Such declassification shall only be undertaken in accord with: (i) The terms of the donor's deed of gift; (ii) Consultations with the Departments having a primary subject-matter interest; and (iii) The provisions of § 11.5(c). (2) [Reserved] | ||||||
| 40:40:1.0.1.1.12.0.1.1 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.101 Purpose. | EPA | The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the U.S. Postal Service. Section 504 regulations applicable to recipients of financial assistance from the Environmental Protection Agency (EPA) may be found at 40 CFR part 7 (1986). | ||||||
| 40:40:1.0.1.1.12.0.1.10 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.140 Employment. | EPA | No qualified individual with handicaps shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities. | ||||||
| 40:40:1.0.1.1.12.0.1.11 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.141-12.148 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.12.0.1.12 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.149 Program accessibility: Discrimination prohibited. | EPA | Except as otherwise provided in § 12.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. | ||||||
| 40:40:1.0.1.1.12.0.1.13 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.150 Program accessibility: Existing facilities. | EPA | (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not— (1) Necessarily require the agency to make each of its existing facilities accessible to and usable by individuals with handicaps; or (2) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 12.150(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with handicaps receive the benefits and services of the program or activity. (b) Methods. The agency may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by individuals with handicaps. The agency is not required to make structural changes in exi… | ||||||
| 40:40:1.0.1.1.12.0.1.14 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.151 Program accessibility: New construction and alterations. | EPA | Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section. | ||||||
| 40:40:1.0.1.1.12.0.1.15 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.152-12.159 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.12.0.1.16 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.160 Communications. | EPA | (a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. (i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individuals with handicaps. (ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature. (2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used. (b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility. (d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 12.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or designee … | ||||||
| 40:40:1.0.1.1.12.0.1.17 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.161-12.169 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.12.0.1.18 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.170 Compliance procedures. | EPA | (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) Responsibility for coordinating implementation of this section shall be vested in the Director of the Office of Civil Rights, EPA or his/her designate. (d) The complainant may file a complete complaint at any EPA office. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause. The agency shall accept and investigate all complete complaints for which it has jurisdiction. (e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity. (f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building of facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to and usable by individuals with handicaps. (g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing— (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found; and (3) A notice of the right to appeal. (h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by paragraph (g) of this section. The agency may extend … | ||||||
| 40:40:1.0.1.1.12.0.1.19 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.171-12.999 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.12.0.1.2 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.102 Application. | EPA | This part applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. | ||||||
| 40:40:1.0.1.1.12.0.1.3 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.103 Definitions. | EPA | For purposes of this part, the term— Agency means Environmental Protection Agency. Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, U.S. Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment includes— (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense org… | ||||||
| 40:40:1.0.1.1.12.0.1.4 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.104-12.109 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.12.0.1.5 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.110 Self-evaluation. | EPA | (a) The agency shall, by November 13, 1987, begin a nationwide evaluation, of its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part. The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps to, participate in the self-evaluation process by submitting comments (both oral and written). (b) The evaluation shall be concluded by September 14, 1988, with a written report submitted to the Administrator that states the findings of the self-evaluation, any remedial action taken, and recommendations, if any, for further remedial action. (c) The Administrator shall, within 60 days of the receipt of the report of the evaluation and recommendations, direct that certain remedial actions be taken as he/she deems appropriate. (d) The agency shall, for at least three years following completion of the evaluation required under paragraph (b) of this section, maintain on file and make available for public inspection: (1) A list of the interested persons consulted; (2) A description of the areas examined and any problems identified; and (3) A description of any modifications made. | ||||||
| 40:40:1.0.1.1.12.0.1.6 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.111 Notice. | EPA | The agency shall make available to employees, unions representing employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the agency head finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation. | ||||||
| 40:40:1.0.1.1.12.0.1.7 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.112-12.129 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.12.0.1.8 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | § 12.130 General prohibitions against discrimination. | EPA | (a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap— (i) Deny a qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with handicaps an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with handicaps with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aid, benefits, or services to individuals with handicaps or to any class of individuals with handicaps than is provided to others unless such action is necessary to provide qualified individuals with handicaps with aid, benefits, or services that are as effective as those provided to others; (v) Deny a qualified individual with handicaps the opportunity to participate as a member of planning or advisory boards; or (vi) Otherwise limit a qualified individual with handicaps in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) The agency may not deny a qualified individual with handicaps the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would— (i) Subject qualified individual… | ||||||
| 40:40:1.0.1.1.12.0.1.9 | 40 | Protection of Environment | I | A | 12 | PART 12—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY | §§ 12.131-12.139 [Reserved] | EPA | |||||||
| 40:40:1.0.1.1.13.1.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.1 Purpose and scope. | EPA | This regulation prescribes standards and procedures for the Environmental Protection Agency's (EPA's) collection and disposal of debts. These standards and procedures are applicable to all debts for which a statute, regulation or contract does not prescribe different standards or procedures. This regulation covers EPA's collection, compromise, suspension, termination, and referral of debts. | ||||
| 40:40:1.0.1.1.13.1.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.2 Definitions. | EPA | (a) Debt means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, grants, contracts, leases, rents, royalties, services, sales of real or personal property, overpayments, fines, penalties, damages, interest, forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources. As used in this regulation, the terms debt and claim are synonymous. (b) Delinquent debt means any debt which has not been paid by the date specified by the Government for payment or which has not been satisfied in accordance with a repayment agreement. (c) Debtor means an individual, organization, association, corporation, or a State or local government indebted to the United States or a person or entity with legal responsibility for assuming the debtor's obligation. (d) Agency means the United States Environmental Protection Agency. (e) Administrator means the Administrator of EPA or an EPA employee or official designated to act on the Administrator's behalf. (f) Administrative offset means the withholding of money payable by the United States to, or held by the United States for, a person to satisfy a debt the person owes the Government. (g) Creditor agency means the Federal agency to which the debt is owed. (h) Disposable pay means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount described in 5 CFR 581.105 (b) through (f). These deductions include, but are not limited to: Social security withholdings; Federal, State and local tax withholdings; health insurance premiums; retirement contributions; and life insurance premiums. (i) Employee means a current employee of the Federal Government including a current member of the Armed Forces. (j) Person means an individual, firm, partnership, corporatio… | ||||
| 40:40:1.0.1.1.13.1.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.3 Interagency claims. | EPA | This regulation does not apply to debts owed EPA by other Federal agencies. Such debts will be resolved by negotiation between the agencies or by referral to the General Accounting Office (GAO). | ||||
| 40:40:1.0.1.1.13.1.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.4 Other remedies. | EPA | (a) This regulation does not supersede or require omission or duplication of administrative proceedings required by contract, statute, regulation or other Agency procedures, e.g., resolution of audit findings under grants or contracts, informal grant appeals, formal appeals, or review under a procurement contract. (b) The remedies and sanctions available to the Agency under this regulation for collecting debts are not intended to be exclusive. The Agency may impose, where authorized, other appropriate sanctions upon a debtor for inexcusable, prolonged or repeated failure to pay a debt. For example, the Agency may stop doing business with a grantee, contractor, borrower or lender; convert the method of payment under a grant or contract from an advance payment to a reimbursement method; or revoke a grantee's or contractor's letter-of-credit. | ||||
| 40:40:1.0.1.1.13.1.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.5 Claims involving criminal activities or misconduct. | EPA | (a) The Administrator will refer cases of suspected criminal activity or misconduct to the EPA Office of Inspector General. That office has the responsibility for investigating or referring the matter, where appropriate, to the Department of Justice (DOJ), and/or returning it to the Administrator for further actions. Examples of activities which should be referred are matters involving fraud, anti-trust violations, embezzlement, theft, false claims or misuse of Government money or property. (b) The Administrator will not administratively compromise, terminate, suspend or otherwise dispose of debts involving criminal activity or misconduct without the approval of DOJ. | ||||
| 40:40:1.0.1.1.13.1.1.6 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.6 Subdivision of claims not authorized. | EPA | A claim will not be subdivided to avoid the $20,000 limit on the Agency's authority to compromise, suspend, or terminate a debt. A debtor's liability arising from a particular transaction or contract is a single claim. | ||||
| 40:40:1.0.1.1.13.1.1.7 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | A | Subpart A—General | § 13.7 Omission not a defense. | EPA | Failure by the Administrator to comply with any provision of this regulation is not available to a debtor as a defense against payment of a debt. | ||||
| 40:40:1.0.1.1.13.2.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.8 Collection rule. | EPA | (a) The Administrator takes action to collect all debts owed the United States arising out of EPA activities and to reduce debt delinquencies. Collection actions may include sending written demands to the debtor's last known address. Written demand may be preceded by other appropriate action, including immediate referral to DOJ for litigation, when such action is necessary to protect the Government's interest. The Administrator may contact the debtor by telephone, in person and/or in writing to demand prompt payment, to discuss the debtor's position regarding the existence, amount or repayment of the debt, to inform the debtor of its rights (e.g., to apply for waiver of the indebtedness or to have an administrative review) and of the basis for the debt and the consequences of nonpayment or delay in payment. (b) The Administrator maintains an administrative file for each debt and/or debtor which documents the basis for the debt, all administrative collection actions regarding the debt (including communications to and from the debtor) and its final disposition. Information from a debt file relating to an individual may be disclosed only for purposes which are consistent with this regulation, the Privacy Act of 1974 and other applicable law. | ||||
| 40:40:1.0.1.1.13.2.1.10 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.17 Suspension or revocation of license or eligibility. | EPA | When collecting statutory penalties, forfeitures, or debts for purposes of enforcement or compelling compliance, the Administrator may suspend or revoke licenses or other privileges for any inexcusable, prolonged or repeated failure of a debtor to pay a claim. Additionally, the Administrator may suspend or disqualify any contractor, lender, broker, borrower, grantee or other debtor from doing business with EPA or engaging in programs EPA sponsors or funds if a debtor fails to pay its debts to the Government within a reasonable time. Debtors will be notified before such action is taken and applicable suspension or debarment procedures will be used. The Administrator will report the failure of any surety to honor its obligations to the Treasury Department for action under 6 U.S.C. 11. | ||||
| 40:40:1.0.1.1.13.2.1.11 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.18 Installment payments. | EPA | (a) Whenever, feasible, and except as otherwise provided by law, debts owed to the United States, together with interest, penalty and administrative costs, as required by § 13.11, will be collected in a single payment. However, where the Administrator determines that a debtor is financially unable to pay the indebtedness in a single payment or that an alternative payment mechanism is in the best interest of the United States, the Administrator may approve repayment of the debt in installments. The debtor has the burden of establishing that it is financially unable to pay the debt in a single payment or that an alternative payment mechanism is warranted. If the Administrator agrees to accept payment by installments, the Administrator may require a debtor to execute a written agreement which specifies all the terms of the repayment arrangement and which contains a provision accelerating the debt in the event of default. The size and frequency of installment payments will bear a reasonable relation to the size of the debt and the debtor's ability to pay. The installment payments will be sufficient in size and frequency to liquidate the debt in not more than 3 years, unless the Administrator determines that a longer period is required. Installment payments of less than $50 per month generally will not be accepted, but may be accepted where the debtor's financial or other circumstances justify. If the debt is unsecured, the Administrator may require the debtor to execute a confess-judgment note with a tax carry-forward and a tax carry-back provision. Where the Administrator secures a confess-judgment note, the Administrator will provide the debtor a written explanation of the consequences of the debtor's signing the note. (b) If a debtor owes more than one debt and designates how a voluntary installment payment is to be applied among the debts, that designation will be approved if the Administrator determines that the designation is in the best interest of the United States. If the debtor does not designate how the p… | ||||
| 40:40:1.0.1.1.13.2.1.12 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.19 Analysis of costs; automation; prevention of overpayments, delinquencies or defaults. | EPA | (a) The Administrator may periodically compare EPA's costs in handling debts with the amounts it collects, (b) The Administrator may periodically consider the need, feasibility, and cost effectiveness of automated debt collection operations. (c) The Administrator may establish internal controls to identify the causes of overpayments and delinquencies and may issue procedures to prevent future occurrences of the identified problems. | ||||
| 40:40:1.0.1.1.13.2.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.9 Initial notice. | EPA | (a) When the Administrator determines that a debt is owed EPA, he provides a written initial notice to the debtor. Unless otherwise provided by agreement, contract or order, the initial notice informs the debtor: (1) Of the amount, nature and basis of the debt; (2) That payment is due immediately upon receipt of the notice; (3) That the debt is considered delinquent if it is not paid within 30 days of the date mailed or hand-delivered; (4) That interest charges and, except for State and local governments and Indian tribes, penalty charges and administrative costs may be assessed against a delinquent debt; (5) Of any rights available to the debtor to dispute the validity of the debt or to have recovery of the debt waived (citing the available review or waiver authority, the conditions for review or waiver, and the effects of the review or waiver request on the collection of the debt), and of the possibility of assessment of interest, penalty and administrative costs; and (6) The address, telephone number and name of the person available to discuss the debt. (b) EPA will respond promptly to communications from the debtor. Response generally will be within 20 days of receipt of communication from the debtor. (c) Subsequent demand letters also will advise the debtor of any interest, penalty or administrative costs which have been assessed and will advise the debtor that the debt may be referred to a credit reporting agency (see § 13.14), a collection agency (see § 13.13) or to DOJ (see § 13.33) if it is not paid. | ||||
| 40:40:1.0.1.1.13.2.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.10 Aggressive collection actions; documentation. | EPA | (a) EPA takes actions and effective follow-up on a timely basis to collect all claims of the United States for money and property arising out of EPA's activities. EPA cooperates with other Federal agencies in their debt collection activities. (b) All administrative collection actions are documented in the claim file, and the bases for any compromise, termination or suspension of collection actions is set out in detail. This documentation, including the Claims Collection Litigation Report required § 13.33, is retained in the appropriate debt file. | ||||
| 40:40:1.0.1.1.13.2.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.11 Interest, penalty and administrative costs. | EPA | (a) Interest. EPA will assess interest on all delinquent debts unless prohibited by statute, regulation or contract. (1) Interest begins to accrue on all debts from the date of the initial notice to the debtor. EPA will not recover interest where the debt is paid within 30 days of the date of the notice. EPA will assess an annual rate of interest that is equal to the rate of the current value of funds to the United States Treasury ( i.e., the Treasury tax and loan account rate) as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins, unless a different rate is necessary to protect the interest of the Government. EPA will notify the debtor of the basis for its finding that a different rate is necessary to protect the interest of the Government. (2) The Administrator may extend the 30-day period for payment where he determines that such action is in the best interest of the Government. A decision to extend or not to extend the payment period is final and is not subject to further review. (3) The rate of interest, as initially assessed, remains fixed for the duration of the indebtedness. If a debtor defaults on a repayment agreement, interest may be set at the Treasury rate in effect on the date a new agreement is executed. (4) Interest will not be assessed on interest charges, administrative costs or later payment penalties. However, where a debtor defaults on a previous repayment agreement and interest, administrative costs and penalties charges have been waived under the defaulted agreement, these charges can be reinstated and added to the debt principal under any new agreement and interest charged on the entire amount of the debt. (b) Administrative costs of collecting overdue debts. The costs of the Agency's administrative handling of overdue debts, based on either actual or average cost incurred, will be charged on all debts except those owed by State and local governments and Indian tribes. These costs include both … | ||||
| 40:40:1.0.1.1.13.2.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.12 Interest and charges pending waiver or review. | EPA | Interest, penalty charges and administrative costs will continue to accrue on a debt during administrative appeal, either formal or informal, and during waiver consideration by the Agency; except, that interest, penalty charges and administrative costs will not be assessed where a statute or a regulation specifically prohibits collection of the debt during the period of the administrative appeal or the Agency review. | ||||
| 40:40:1.0.1.1.13.2.1.6 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.13 Contracting for collection services. | EPA | EPA will use private collection services where it determines that their use is in the best interest of the Government. Where EPA determines that there is a need to contract for collection services it will— (a) Retain sole authority to resolve any dispute by the debtor of the validity of the debt, to compromise the debt, to suspend or terminate collection action, to refer the debt to DOJ for litigation, and to take any other action under this part which does not result in full collection of the debt; (b) Require the contractor to comply with the Privacy Act of 1974, as amended, to the extent specified in 5 U.S.C. 552a(m), with applicable Federal and State laws pertaining to debt collection practices (e.g., the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq. )), and with applicable regulations of the Internal Revenue Service; (c) Require the contractor to account accurately and fully for all amounts collected; and (d) Require the contractor to provide to EPA, upon request, all data and reports contained in its files relating to its collection actions on a debt. | ||||
| 40:40:1.0.1.1.13.2.1.7 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.14 Use of credit reporting agencies. | EPA | EPA reports delinquent debts to appropriate credit reporting agencies. (a) EPA provides the following information to the reporting agencies: (1) A statement that the claim is valid and is overdue; (2) The name, address, taxpayer identification number and any other information necessary to establish the identity of the debtor; (3) The amount, status and history of the debt; and (4) The program or pertinent activity under which the debt arose. (b) Before disclosing debt information, EPA will: (1) Take reasonable action to locate the debtor if a current address is not available; and (2) If a current address is available, notify the debtor by certified mail, return receipt requested, that: (i) The designated EPA official has reviewed the claim and has determined that it is valid and overdue; (ii) That within 60 days EPA intends to disclose to a credit reporting agency the information authorized for disclosure by this subsection; and (iii) The debtor can request a complete explanation of the claim, can dispute the information in EPA's records concerning the claim, and can file for an administrative review, waiver or reconsideration of the claim, where applicable. (c) Before information is submitted to a credit reporting agency, EPA will provide a written statement to the reporting agency that all required actions have been taken. Additionally, EPA will, thereafter, ensure that the credit reporting agency is promptly informed of any substantive change in the conditions or amounts of the debt, and promptly verify or correct information relevant to the claim. (d) If a debtor disputes the validity of the debt, the credit reporting agency will refer the matter to the appropriate EPA official. The credit reporting agency will exclude the debt from its reports until EPA certifies in writing that the debt is valid. | ||||
| 40:40:1.0.1.1.13.2.1.8 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.15 Taxpayer information. | EPA | (a) The Administrator may obtain a debtor's current mailing address from the Internal Revenue Service. (b) Addresses obtained from the Internal Revenue Service will be used by the Agency, its officers, employees, agents or contractors and other Federal agencies only to collect or dispose of debts, and may be disclosed to credit reporting agencies only for the purpose of their use in preparing a commercial credit report on the taxpayer for use by EPA. | ||||
| 40:40:1.0.1.1.13.2.1.9 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | B | Subpart B—Collection | § 13.16 Liquidation of collateral. | EPA | Where the Administrator holds a security instrument with a power of sale or has physical possession of collateral, he may liquidate the security or collateral and apply the proceeds to the overdue debt. EPA will exercise this right where the debtor fails to pay within a reasonable time after demand, unless the cost of disposing of the collateral is disproportionate to its value or special circumstances require judicial foreclosure. However, collection from other businesses, including liquidation of security or collateral, is not a prerequisite to requiring payment by a surety or insurance company unless expressly required by contract or statute. The Administrator will give the debtor reasonable notice of the sale and an accounting of any surplus proceeds and will comply with any other requirements of law or contract. | ||||
| 40:40:1.0.1.1.13.3.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.20 Administrative offset of general debts. | EPA | This subpart provides for EPA's collection of debts by administrative offset under section 5 of the Debt Collection Act of 1982 (31 U.S.C. 3716), other statutory authorities and the common law. It does not apply to offsets against employee salaries covered by §§ 13.21, 13.22 and 13.23 of this subpart. EPA will collect debts by administrative offsets where it determines that such collections are feasible and are not otherwise prohibited by statute or contract. EPA will decide, on a case-by-case basis, whether collection by administrative offset is feasible and that its use furthers and protects the interest of the United States. (a) Standards. (1) The Administrator collects debts by administrative offset if— (i) The debt is certain in amount; (ii) Efforts to obtain direct payment from the debtor have been, or would most likely be, unsuccessful or the Administrator and the debtor agree to the offset; (iii) Offset is not expressly or implicitly prohibited by statute, regulation or contract; (iv) Offset is cost-effective or has significant deterrent value; (v) Offset does not substantially impair or defeat program objectives; and (vi) Offset is best suited to further and protect the Government's interest. (2) The Administrator may, in determining the method and amount of the offset, consider the financial impact on the debtor. (b) Interagency offset. The Administrator may offset a debt owed to another Federal agency from amounts due or payable by EPA to the debtor, or may request another Federal agency to offset a debt owed to EPA. The Administrator may request the Internal Revenue Service to offset an overdue debt from a Federal income tax refund due a debtor where reasonable attempts to obtain payment have failed. Interagency offsets from employee salaries will be made in accordance with the procedures contained in §§ 13.22 and 13.23. (c) Multiple debts. Where moneys are available for offset against multiple debts of a debtor, it will be applied in accordance with the best interest of the Governmen… | ||||
| 40:40:1.0.1.1.13.3.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.21 Employee salary offset—general. | EPA | (a) Purpose. This section establishes EPA's policies and procedures for recovery of debts owed to the United States by installment collection from the current pay account of an employee. (b) Scope. The provisions of this section apply to collection by salary offset under 5 U.S.C. 5514 of debts owed EPA and debts owed to other Federal agencies by EPA employees. This section does not apply to debts owed EPA arising from travel advances under 5 U.S.C. 5705, employee training expenses under 5 U.S.C. 4108 and to other debts where collection by salary offset is explicitly provided for or prohibited by another statute. (c) References. The following statutes and regulations apply to EPA's recovery of debts due the United States by salary offset: (1) 5 U.S.C. 5514, as amended, governing the installment collection of debts; (2) 31 U.S.C. 3716, governing the liquidation of debts by administrative offset; (3) 5 CFR part 550, subpart K, setting forth the minimum requirements for executive agency regulations on salary offset; and (4) 4 CFR parts 101-105, the Federal Claims Collection Standards. | ||||
| 40:40:1.0.1.1.13.3.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.22 Salary offset when EPA is the creditor agency. | EPA | (a) Entitlement to notice, hearing, written response and decision. (1) Prior to initiating collection action through salary offset, EPA will first provide the employee with the opportunity to pay in full the amount owed, unless such notification will compromise the Government's ultimate ability to collect the debt. (2) Except as provided in paragraph (b) of this section, each employee from whom the Agency proposes to collect a debt by salary offset under this section is entitled to receive a written notice as described in paragraph (c) of this section. (3) Each employee owing a debt to the United States which will be collected by salary offset is entitled to request a hearing on the debt. This request must be filed as prescribed in paragraph (d) of this section. The Agency will make appropriate hearing arrangements which are consistent with law and regulations. Where a hearing is held, the employee is entitled to a written decision on the following issues: (i) The determination of the Agency concerning the existence or amount of the debt; and (ii) The repayment schedule, if it was not established by written agreement between the employee and the Agency. (b) Exceptions to entitlement to notice, hearing, written response and final decision. The procedural requirements of paragraph (a) of this section are not applicable to any adjustment of pay arising out of an employee's election of coverage or a change in coverage under a Federal benefits program (such as health insurance) requiring periodic deductions from pay, if the amount to be recovered was accumulated over four pay periods or less. However, if the amount to be recovered was accumulated over more than four pay periods the full procedures prescribed under paragraph (d) of this section will be extended to the employee. (c) Notification before deductions begin. Except as provided in paragraph (b) of this section, deductions will not be made unless the employee is first provided with a minimum of 30 calendar days written notice. Notice will be sent b… | ||||
| 40:40:1.0.1.1.13.3.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | C | Subpart C—Administrative Offset | § 13.23 Salary offset when EPA is not the creditor agency. | EPA | The requirements below apply when EPA has been requested to collect a debt owed by an EPA employee to another Federal agency. (a) Format for the request for recovery. (1) The creditor agency must complete fully the appropriate claim form specified by OPM. (2) The creditor agency must certify to EPA on the debt claim form: The fact that the employee owes a debt; the date that the debt first accrued; and that the creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by OPM and send it to the Director, Financial Management Division (2734R), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. (3) If the collection is to be made in installments, the creditor agency must also advise EPA of the number of installments to be collected, the amount of each installment, and the commencement date of the first installment, if a date other than the next established pay period. (4) Unless the employee has consented in writing to the salary deductions or signed a statement acknowledging receipt of the required procedures and this information is attached to the claim form, the creditor agency must indicate the actions it took under its procedures for salary offset and the dates of such actions. (b) Processing of the claim by EPA —(1) Incomplete claims. If EPA receives an improperly completed claim form, the claim form and all accompanying material will be returned to the requesting (creditor) agency with notice that OPM procedures must be followed and a properly completed claim form must be received before any salary offset can be taken. The notice should identify specifically what is needed from the requesting agency for the claim to be processed. (2) Complete claims. If the claim procedures in paragraph (a) of this section have been properly completed, deduction will begin on the next established pay period. EPA will not review the merits of the creditor agency's determinations with respect to the amount or validity of the debt as stated in the debt claim fo… | ||||
| 40:40:1.0.1.1.13.4.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.24 General. | EPA | EPA may compromise claims for money or property where the claim, exclusive of interest, penalty and administrative costs, does not exceed $20,000. Where the claim exceeds $20,000, the authority to accept the compromise rests solely with DOJ. The Administrator may reject an offer of compromise in any amount. Where the claim exceeds $20,000 and EPA recommends acceptance of a compromise offer, it will refer the claim with its recommendation to DOJ for approval. The referral will be in the form of the Claims Collection Litigation Report (CCLR) and will outline the basis for EPA's recommendation. EPA refers compromise offers for claims in excess of $100,000 to the Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC 20530, unless otherwise provided by Department of Justice delegations or procedures. EPA refers offers of compromise for claims of $20,000 to $100,000 to the United States Attorney in whose judicial district the debtor can be found. If the Administrator has a debtor's firm written offer for compromise which is substantial in amount but the Administrator is uncertain as to whether the offer should be accepted, he may refer the offer and the supporting data to DOJ or GAO for action. | ||||
| 40:40:1.0.1.1.13.4.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.25 Standards for compromise. | EPA | (a) EPA may compromise a claim pursuant to this section if EPA cannot collect the full amount because the debtor does not have the financial ability to pay the full amount of the debt within a reasonable time, or the debtor refuses to pay the claim in full and the Government does not have the ability to enforce collection in full within a reasonable time by enforced collection proceedings. In evaluating the acceptability of the offer, the Administrator may consider, among other factors, the following: (1) Individual debtors. (i) Age and health of the debtor; (ii) Present and potential income; (iii) Inheritance prospects; (iv) The possibility that assets have been concealed or improperly transferred by the debtor; (v) The availability of assets or income which may be realized by enforced collection proceedings; or (vi) The applicable exemptions available to the debtor under State and Federal law in determining the Government's ability to enforce collection. (2) Municipal and quasi-municipal debtors. (i) The size of the municipality or quasi-municipal entity; (ii) The availability of current and future resources sufficient to pay the debt (e.g., bonding authority, rate adjustment authority, or taxing authority); or (iii) The ratio of liabilities (both short and long term) to assets. (3) Commercial debtors. (i) Ratio of assets to liabilities; (ii) Prospects of future income or losses; or (iii) The availability of assets or income which may be realized by enforced collection proceedings. (b) EPA may compromise a claim, or recommend acceptance of a compromise to DOJ, where there is substantial doubt concerning the Government's ability to prove its case in court for the full amount of the claim, either because of the legal issues involved or a bona fide dispute as to the facts. The amount accepted in compromise in such cases will fairly reflect the probability of prevailing on the legal issues involved, considering fully the availability of witnesses and other evidentiary data required to support the… | ||||
| 40:40:1.0.1.1.13.4.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.26 Payment of compromised claims. | EPA | The Administrator normally will not approve a debtor's request to pay a compromised claim in installments. However, where the Administrator determines that payment of a compromise by installments is necessary to effect collection, a debtor's request to pay in installments may be approved. Normally, where installment repayment is approved, the debtor will be required to execute a confess-judgment agreement which accelerates payment of the balance due upon default. | ||||
| 40:40:1.0.1.1.13.4.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.27 Joint and several liability. | EPA | When two or more debtors are jointly and severally liable, collection action will not be withheld against one debtor until the other or others pay their proportionate share. The amount of a compromise with one debtor is not precedent in determining compromises from other debtors who have been determined to be jointly and severally liable on the claim. | ||||
| 40:40:1.0.1.1.13.4.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | D | Subpart D—Compromise of Debts | § 13.28 Execution of releases. | EPA | Upon receipt of full payment of a claim or the amount compromised, EPA will prepare and execute a release on behalf of the United States. The release will include a provision which voids the release if it was procured by fraud, misrepresentation, a false claim or by mutual mistake of fact. | ||||
| 40:40:1.0.1.1.13.5.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | E | Subpart E—Suspension of Collection Action | § 13.29 Suspension—general. | EPA | The Administrator may suspend the Agency's collection actions on a debt where the outstanding debt principal does not exceed $20,000, the Government cannot presently collect or enforce collection of any significant sum from the debtor, the prospects of future collection justify retention of the debt for periodic review and there is no risk of expiration of the statute of limitations during the period of suspension. Additionally, the Administrator may waive the assessment of interest, penalty charges and administrative costs during the period of the suspension. Suspension will be for an established time period and generally will be reviewed at least every six months to ensure the continued propriety of the suspension. DOJ approval is required to suspend debts exceeding $20,000. Unless otherwise provided by DOJ delegations or procedures, the Administrator refers requests for suspension of debts of $20,000 to $100,000 to the United States Attorney in whose district the debtor resides. Debts exceeding $100,000 are referred to the Commercial Litigation Branch, Civil Division, Department of Justice, for approval. | ||||
| 40:40:1.0.1.1.13.5.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | E | Subpart E—Suspension of Collection Action | § 13.30 Standards for suspension. | EPA | (a) Inability to locate debtor. The Administrator may suspend collection on a debt where he determines that the debtor cannot be located presently but that there is a reasonable belief that the debtor can be located in the future. (b) Financial condition of debtor. The Administrator may suspend collection action on a claim when the debtor owns no substantial equity in real or personal property and is unable to make payment on the claim or effect a compromise but the debtor's future financial prospects justify retention of the claim for periodic review, provided that: (1) The applicable statute of limitations will not expire during the period of the suspension, can be tolled or has started running anew; (2) Future collection can be effected by offset, notwithstanding the 10-year statute of limitations for administrative offsets; or (3) The debtor agrees to pay interest on the debt and suspension is likely to enhance the debtor's ability to fully pay the principal amount of the debt with interest at a later date. (c) Request for waiver or administrative review — mandatory. The Administrator will suspend collection activity where a statute provides for mandatory waiver consideration or administrative review prior to agency collection of a debt. The Administrator will suspend EPA's collection actions during the period provided for the debtor to request review or waiver and during the period of the Agency's evaluation of the request. (d) Request for waiver or administrative review — permissive. The Administrator may suspend collection activities on debts of $20,000 or less during the pendency of a permissive waiver or administrative review where he determines that: (1) There is a reasonable possibility that waiver will be granted and the debtor may be found not owing the debt (in whole or in part); (2) The Government's interest is protected, if suspension is granted, by the reasonable assurance that the debt can be recovered if the debtor does not prevail; or (3) Collection of the debt will cause undu… | ||||
| 40:40:1.0.1.1.13.6.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | F | Subpart F—Termination of Debts | § 13.31 Termination—general. | EPA | The Administrator may terminate collection actions and write-off debts, including accrued interest, penalty and administrative costs, where the debt principal does not exceed $20,000. If the debt exceeds $20,000, EPA obtains the approval of DOJ in order to terminate further collection actions. Unless otherwise provided for by DOJ regulations or procedures, requests to terminate collection on debts in excess of $100,000 are referred to the Commercial Litigation Branch, Civil Division, Department of Justice, for approval. Debts in excess of $20,000 but $100,000 or less are referred to the United States Attorney in whose judicial district the debtor can be found. | ||||
| 40:40:1.0.1.1.13.6.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | F | Subpart F—Termination of Debts | § 13.32 Standards for termination. | EPA | A debt may be terminated where the Administrator determines that: (a) The Government cannot collect or enforce collection of any significant sum from the debtor, having due regard for available judicial remedies, the debtor's ability to pay, and the exemptions available to the debtor under State and Federal law; (b) The debtor cannot be located, there is no security remaining to be liquidated, the applicable statute of limitations has expired, and the prospects of collecting by offset are too remote to justify retention of the claim; (c) The cost of further collection action is likely to exceed the amount recoverable; (d) The claim is determined to be legally without merit; or (e) The evidence necessary to prove the claim cannot be produced or the necessary witnesses are unavailable and efforts to induce voluntary payment have failed. | ||||
| 40:40:1.0.1.1.13.7.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | G | Subpart G—Referrals | § 13.33 Referrals to the Department of Justice. | EPA | (a) Prompt referral. The Administrator refers to DOJ for litigation all claims on which aggressive collection actions have been taken but which could not be collected, compromised, suspended or terminated. Referrals are made as early as possible, consistent with aggressive agency collection action, and within the period for bringing a timely suit against the debtor. (1) Unless otherwise provided by DOJ regulations or procedures, EPA refers for litigation debts of more than $100,000 to the Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC 20530. (2) Unless otherwise provided by DOJ regulations or procedures, EPA refers for litigation debts of $100,000 or less to the United States Attorney in whose judicial district the debtor can be found. (b) Claims Collection Litigation Report (CCLR). Unless an exception has been granted by DOJ, the CCLR is used for referrals of all administratively uncollectible claims to DOJ and is used to refer all offers of compromise. | ||||
| 40:40:1.0.1.1.13.8.1.1 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.34 Purpose. | EPA | This subpart establishes procedures for the Environmental Protection Agency (EPA) to refer past-due debts to the Internal Revenue Service (IRS) for offset against the income tax refunds of persons owing debts to EPA. It specifies the Agency procedures and the rights of the debtor applicable to claims for the payment of debts owed to EPA. | ||||
| 40:40:1.0.1.1.13.8.1.2 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.35 Applicability and scope. | EPA | (a) This subpart implements 31 U.S.C. 3720A, which authorizes the IRS to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. (b) For purposes of this section, a past-due legally enforceable debt referable to the IRS is a debt which is owed to the United States and: (1) Except in the case of a judgment debt, has been delinquent for at least three months but has not been delinquent for more than ten years at the time the offset is made; (2) Cannot be currently collected pursuant to the salary offset provisions of 5 U.S.C. 5514(a)(1); (3) Is ineligible for administrative offset under 31 U.S.C. 3716(a) by reason of 31 U.S.C. 3716(c)(2) or cannot be collected by administrative offset under 31 U.S.C. 3716(a) by the Agency against amounts payable to or on behalf of the debtor by or on behalf of the Agency; (4) With respect to which EPA has given the taxpayer at least 60 days from the date of notification to present evidence that all or part of the debt is not past-due or not legally enforceable, has considered evidence presented by such taxpayer, if any, and has determined that an amount of such debt is past-due and legally enforceable; (5) Has been disclosed by EPA to a consumer reporting agency as authorized by 31 U.S.C. 3711(f), unless a consumer reporting agency would be prohibited from using such information by 15 U.S.C. 1681c, or unless the amount of the debt does not exceed $100.00; (6) With respect to which EPA has notified or has made a reasonable attempt to notify the taxpayer that the debt is past-due and, unless repaid within 60 days thereafter, the debt will be referred to the IRS for offset against any overpayment of tax; (7) Is at least $25.00; and (8) All other requirements of 31 U.S.C. 3720A and the Department of the Treasury regulations at 26 CFR 301.6402-6 relating to the eligibility of a debt for tax return offset have been satisfied. | ||||
| 40:40:1.0.1.1.13.8.1.3 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.36 Administrative charges. | EPA | In accordance with § 13.11, all administrative charges incurred in connection with the referral of a debt to the IRS shall be assessed on the debt and thus increase the amount of the offset. | ||||
| 40:40:1.0.1.1.13.8.1.4 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.37 Notice requirement before offset. | EPA | A request for reduction of an IRS tax refund will be made only after EPA makes a determination that an amount is owed and past-due and provides the debtor with 60 days written notice. EPA's notice of intention to collect by IRS tax refund offset (Notice of Intent) will state: (a) The amount of the debt; (b) That unless the debt is repaid within 60 days from the date of EPA's Notice of Intent, EPA intends to collect the debt by requesting the IRS to reduce any amounts payable to the debtor as refunds of Federal taxes paid by an amount equal to the amount of the debt and all accumulated interest and other charges; (c) That the debtor has a right to present evidence that all or part of the debt is not past-due or not legally enforceable; and (d) A mailing address for forwarding any written correspondence and a contact name and phone number for any questions. | ||||
| 40:40:1.0.1.1.13.8.1.5 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.38 Review within the Agency. | EPA | (a) Notification by debtor. A debtor who receives a Notice of Intent has the right to present evidence that all or part of the debt is not past-due or not legally enforceable. To exercise this right, the debtor must: (1) Send a written request for a review of the evidence to the address provided in the notice; (2) State in the request the amount disputed and the reasons why the debtor believes that the debt is not past-due or is not legally enforceable; and (3) Include in the request any documents which the debtor wishes to be considered or state that additional information will be submitted within the remainder of the 60-day period. (b) Submission of evidence. The debtor may submit evidence showing that all or part of the debt is not past-due or not legally enforceable along with the notification required by paragraph (a) of this section. Failure to submit the notification and evidence within 60 days will result in an automatic referral of the debt to the IRS without further action by EPA. (c) Review of the evidence. EPA will consider all available evidence related to the debt. Within 30 days, if feasible, EPA will notify the debtor whether EPA has sustained, amended, or cancelled its determination that the debt is past-due and legally enforceable. | ||||
| 40:40:1.0.1.1.13.8.1.6 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.39 Agency determination. | EPA | (a) Following review of the evidence, EPA will issue a written decision. (b) If EPA either sustains or amends its determination, it shall notify the debtor of its intent to refer the debt to the IRS for offset against the debtor's Federal income tax refund. If EPA cancels its original determination, the debt will not be referred to IRS. | ||||
| 40:40:1.0.1.1.13.8.1.7 | 40 | Protection of Environment | I | A | 13 | PART 13—CLAIMS COLLECTION STANDARDS | H | Subpart H—Referral of Debts to IRS for Tax Refund Offset | § 13.40 Stay of offset. | EPA | If the debtor timely notifies the EPA that he or she is exercising the right described in § 13.38(a) and timely submits evidence in accordance with § 13.38(b), any notice to the IRS will be stayed until the issuance of a written decision which sustains or amends its original determination. | ||||
| 40:40:1.0.1.1.14.0.1.1 | 40 | Protection of Environment | I | A | 14 | PART 14—EMPLOYEE PERSONAL PROPERTY CLAIMS | § 14.1 Scope and purpose. | EPA | This part prescribes regulations for the Military Personnel and Civilian Employees' Claims Act of 1964 (the Act), 31 U.S.C. 3721. The Act allows the Administrator of the U.S. Environmental Protection Agency (EPA) to settle and pay claims of EPA employees for damage to or loss of their personal property which was incident to service. A claim under the Act is allowed only where the claim is substantiated and the Administrator determines that possession of the property was reasonable or proper under the circumstances existing at the time and place of the loss and no part of the loss was caused by any negligent or wrongful act or omission of the employee or his/her agent. | ||||||
| 40:40:1.0.1.1.14.0.1.10 | 40 | Protection of Environment | I | A | 14 | PART 14—EMPLOYEE PERSONAL PROPERTY CLAIMS | § 14.10 Procedures for reconsideration. | EPA | The EPA Claims Officer, at his discretion, may reconsider a decision when the employee establishes that an error was made in the computation of the award or that evidence or material facts were unavailable to the employee at the time of the filing of the claim and the failure to provide the information was not the result of the employee's lack of care. An employee seeking reconsideration of a decision must file, within 30 days of the date of the decision, a written request with the EPA Claims Officer for reconsideration. The request for reconsideration must specify, where applicable, the error, the evidence or material facts not previously considered by the EPA Claims Officer and the reason why the employee believes that the evidence or facts previously were not available. | ||||||
| 40:40:1.0.1.1.14.0.1.11 | 40 | Protection of Environment | I | A | 14 | PART 14—EMPLOYEE PERSONAL PROPERTY CLAIMS | § 14.11 Principal types of allowable claims. | EPA | (a) General. A claim under this part is allowed for tangible personal property of a type and quantity that was reasonable and proper for the employee to possess under the circumstances at the time of the loss or damage. In evaluating whether a claim is allowable, the EPA Claims Officer may consider such factors as: The employee's use of the item; whether EPA generally is aware that such items are used by its employees; or whether the loss was caused by a failure of EPA to provide adequate protection against the loss. (b) Examples of claims which are allowable. Claims which are ordinarily allowed include loss or damage which occurred: (1) In a place officially designated for storage of property such as a warehouse, office, garage, or other storage place; (2) In a marine, rail, aircraft, or other common disaster or natural disaster such as a fire, flood, or hurricane; (3) When the personal property was subjected to an extraordinary risk in the employee's performance of duty, such as in connection with an emergency situation, a civil disturbance, common or natural disaster, or during efforts to save government property or human life; (4) When the property was used for the benefit of the government at the specific direction of a supervisor; (5) When the property was money or other valuables deposited with an authorized government agent for safekeeping; and (6) When the property was a vehicle which was subjected to an extraordinary risk in the employee's performance of duty and the use of the vehicle was at the specific direction of the employee's supervisor. (c) Claims for articles of clothing. Claims for loss or damage to clothing and accessories worn by an employee may be allowed where: (1) The damage or loss occurred during the employee's performance of official duty in an unusual or extraordinary risk situation; (2) The loss or damage occurred during the employee's response to an emergency situation, to a natural disaster such as fire, flood, hurricane, or to a man-made disaster such as a chemical… | ||||||
| 40:40:1.0.1.1.14.0.1.12 | 40 | Protection of Environment | I | A | 14 | PART 14—EMPLOYEE PERSONAL PROPERTY CLAIMS | § 14.12 Principal types of unallowable claims. | EPA | Claims that ordinarily will not be allowed include: (a) Loss or damage totaling less than $25; (b) Money or currency, except when deposited with an authorized government agency for safekeeping; (c) Loss or damage to an item of extraordinary value or to an antique where the item was shipped with household goods, unless the employee filed a valid appraisal or authentication with the carrier prior to shipment of the item; (d) Loss of bankbooks, checks, notes, stock certifications, money orders, or travelers checks; (e) Property owned by the United States unless the employee is financially responsible for it to another government agency; (f) Claims for loss or damage to a bicycle or a private motor vehicle, unless allowable under § 14.11(b)(6); (g) Losses of insurers or subrogees; (h) Losses recoverable from insurers or carriers; (i) Losses recovered or recoverable pursuant to contract; (j) Claims for damage or loss caused, in whole or in part, by the negligent or wrongful acts of the employee or his/her agent; (k) Property used for personal business or profit; (l) Theft from the possession of the employee unless the employee took reasonable precautions to protect the item from theft; (m) Property acquired, possessed or transported in violation of law or regulations; (n) Unserviceable property; or (o) Damage or loss to an item during shipment of household goods where the damage or loss was caused by the employee's negligence in packing the item. |
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