40 C.F.R. § 300.160

Documentation and cost recovery

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(a) For releases of a hazardous substance, pollutant, or contaminant, the following provisions apply:

(1) During all phases of response, the lead agency shall complete and maintain documentation to support all actions taken under the NCP and to form the basis for cost recovery. In general, documentation shall be sufficient to provide the source and circumstances of the release, the identity of responsible parties, the response action taken, accurate accounting of federal, state, or private party costs incurred for response actions, and impacts and potential impacts to the public health and welfare and the environment. Where applicable, documentation shall state when the NRC received notification of a release of a reportable quantity.

(2) The information and reports obtained by the lead agency for Fund-financed response actions shall, as appropriate, be transmitted to the chair of the RRT. Copies can then be forwarded to the NRT, members of the RRT, and others as appropriate.

(3) The lead agency shall make available to the trustees of affected natural resources information and documentation that can assist the trustees in the determination of actual or potential natural resource injuries.

(b) For discharges of oil, documentation and cost recovery provisions are described in § 300.315.

(c) Response actions undertaken by the participating agencies shall be carried out under existing programs and authorities when available. Federal agencies are to make resources available, expend funds, or participate in response to discharges and releases under their existing authority. Interagency agreements may be signed when necessary to ensure that the federal resources will be available for a timely response to a discharge or release. The ultimate decision as to the appropriateness of expending funds rests with the agency that is held accountable for such expenditures. Further funding provisions for discharges of oil are described in § 300.335.

(d) The Administrator of EPA and the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) shall assure that the costs of health assessment or health effect studies conducted under the authority of CERCLA section 104(i) are documented in accordance with standard EPA procedures for cost recovery. Documentation shall include information on the nature of the hazardous substances addressed by the research, information concerning the locations where these substances have been found, and any available information on response actions taken concerning these substances at the location.

Notes of Decisions

Cited in 27 cases (3 in the last 5 years), 1992–2022 · leading case: City of Wichita, Kansas v. Trustees of APCO Oil Corp. Liquidating Trust

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City of Wichita, Kansas v. Trustees of APCO Oil Corp. Liquidating Trust (2003) ksd · cites it 3× “40 C.F.R. § 300.160 (a)(1). While the language of this section indicates that it applies to government cost recovery actions, 40 C.”

United States v. E.I. DuPont De Nemours & Co. (2005) ca3 · cites it 2× “See 40 C.F.R. § 300.160 (a)(1) (2005). A responsible party may challenge oversight costs as inconsistent with the plan.”

California Ex Rel. California Department of Toxic Services v. Neville Chemical Co. (2002) cacd · cites it 5× “40 C.F.R. § 300.160 (a)(1). The regulation does not further define “accurate accounting” or elaborate on what is meant by “sufficient.”

United States v. Harold B. Chapman, Jr. (1998) ca9 · cites it 2× “40 C.F.R. § 300.160 (a)(1) (1990). 4 Contrary to Chapman’s argument, the EPA adequately documented its response action and the costs incurred.”

United States v. EI Du Pont De Nemours & Co., Inc. (2004) nywd · cites it 3× “40 C.F.R. § 300.160 (a)(1). 81. As Plaintiff has acknowledged, this documentation requirement applies to the claim for DOJ enforcement costs.”

United States v. W.R. Grace & Co.-Conn. (2003) mtd · cites it 2× “In general, documentation shall be sufficient to provide the source and circumstances of the release, the identity of responsible parties, the response action taken, accurate accounting of federal, state or private party costs incurred for response actions, and impacts and…”

Boeing Company, Plaintiff-Appellee-Cross-Appellant v. Cascade Corporation, Opinion-Appellant-Cross-Appellee (2000) ca9 “40 C.F.R. § 300.160 (a)(1) (1998). 29 . See Valley Eng'rs, Inc.”

Otay Land Co. v. U.E. Ltd., L.P. (2017) calctapp5d “" ( 40 C.F.R. § 300.160 (a)(1).) 3. Analysis Plaintiffs challenge both the court's general approach and specific cost rulings.”

United States v. Chrysler Corp. (2001) ohnd · cites it 2× “’s documentation of expenses does not satisfy the NC Plan standard, and, from an accounting perspective, does not form an adequate basis for cost recovery in violation of 40 C.F.R. § 300.160 (1990). 16 The U.S., in its memorandum in support of its motion for partial summary…”

United States v. Findett Corp. (1999) moed · cites it 2× “40 C.F.R. § 300.160 (a)(1) (1998) (emphasis added).”

Exxon Mobil Corp. v. United States (2018) txsd “40 C.F.R. § 300.160 (a)(1). "In general, documentation shall be sufficient to provide the source and circumstances of the release, the identity of responsible parties, the response action taken, accurate accounting of federal, state, or private party costs incurred for response…”

United States v. Puerto Rico Indus. Dev. Co. (2019) usdistct “40 C.F.R. § 300.160 . "Removal" within the meaning of CERCLA includes the: Cleanup or removal of released hazardous substances from the environment, such actions as may be necessary taken in the event of the threat of release of hazardous substances into the environment, such…”

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