40 C.F.R. §§ 35.6300–35.6450

§35.6300. General personal property acquisition and use requirements.

40 C.F.R. § 35.6300

(a)

General.

(1)

Property may be acquired only when authorized in the Cooperative Agreement.

(2)

The recipient must acquire the property during the approved project period.

(3)

The recipient must—

(i)

Charge property costs by site, activity, and operable unit, as applicable;

(ii)

Document the use of the property by site, activity, and operable unit, as applicable; and

(iii)

Solicit and follow EPA's instructions on the disposal of any property purchased with CERCLA funds as specified in §§ 35.6340 and 35.6345.

(b)

Exception. The recipient is not required to charge property costs by site under a pre-remedial or Core Program Cooperative Agreement.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6305. Obtaining supplies.

40 C.F.R. § 35.6305

To obtain supplies, the recipient must agree to comply with the requirements in §§ 35.6300, 35.6315(b), 35.6325 through 35.6340, and 35.6350. Supplies obtained with Core Program funds must be for non-site-specific purposes. All purchases of supplies under the Core Program must comply with the requirements in §§ 35.6300, 35.6315(b), 35.6325 through 35.6340, and 35.6350, except where these requirements are site-specific.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6310. Obtaining equipment.

40 C.F.R. § 35.6310

To obtain equipment, the recipient must agree to comply with the requirements in §§ 35.6300 and 35.6315 through 35.6350.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6315. Alternative methods for obtaining property.

40 C.F.R. § 35.6315

(a)

Purchase equipment with recipient funds. The recipient may purchase equipment with the recipient's own funds and may charge EPA a fee for using equipment on a CERCLA-funded project. The fee must be based on a usage rate, subject to the usage rate requirements in § 35.6320.

(b)

Borrow federally owned property. The recipient may borrow federally owned property, with the exception of motor vehicles, for use on CERCLA-funded projects. The loan of the federally owned property may only extend through the project period. At the end of the project period, or when the federally owned property is no longer needed for the project, the recipient must return the property to the Federal Government.

(c)

Lease, use contractor services, or purchase with CERCLA funds. To acquire equipment through lease, use of contractor services, or purchase with CERCLA funds, the recipient must conduct and document a cost comparison analysis to determine which of these methods of obtaining equipment is the most cost effective. In order to obtain the equipment, the recipient must submit documentation of the cost comparison analysis to EPA for approval. The recipient must obtain the equipment through the most cost-effective method, subject to the following requirements:

(1)

Lease or rent equipment. If it is the most cost-effective method of acquisition, the recipient may lease or rent equipment, subject only to the requirements in § 35.6300.

(2)

Use contractor services.

(i)

If it is the most cost-effective method of acquisition, the recipient may hire the services of a contractor.

(ii)

The recipient must obtain award official approval before authorizing the contractor to purchase equipment with CERCLA funds. (See § 35.6325, regarding the title and vested interest of equipment purchased with CERCLA funds.) This does not apply for recipients who have used the sealed bids method of procurement.

(iii)

The recipient must require the contractor to allocate the cost of the contractor services by site, activity, and operable unit, as applicable.

(3)

Purchase equipment with CERCLA funds. If equipment purchase is the most cost-effective method of obtaining the equipment, the recipient may purchase the equipment with CERCLA funds. To purchase equipment with CERCLA funds, the recipient must comply with the following requirements:

(i)

The recipient must include in the Cooperative Agreement application a list of all items of equipment to be purchased with CERCLA funds, with the price of each item.

(ii)

If the equipment is to be used on sites, the recipient must allocate the cost of the equipment by site, activity, and operable unit, as applicable, by applying a usage rate subject to the usage rate requirements in § 35.6320.

(iii)

The recipient may not use CERCLA funds to purchase a transportable or mobile treatment system.

(iv)

Equipment obtained with Core Program funds must be for non-site-specific purposes. All purchases of equipment must comply with the requirements in §§ 35.6300, and 35.6310 through 35.6350, except where these requirements are site-specific.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6320. Usage rate.

40 C.F.R. § 35.6320

(a)

Usage rate approval. To charge EPA a fee for use of equipment purchased with recipient funds or to allocate the cost of equipment by site, activity, and operable unit, as applicable, the recipient must apply a usage rate. The recipient must submit documentation of the usage rate computation to EPA. The EPA-approved usage rate must be included in the Cooperative Agreement before the recipient incurs these equipment costs.

(b)

Usage rate application. The recipient must record the use of the equipment by site, activity, and operable unit, as applicable, and must apply the usage rate to calculate equipment charges by site, activity, and operable unit, as applicable. For Core Program and pre-remedial activities, the recipient is not required to apply a usage rate.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6325. Title and EPA interest in CERCLA-funded property.

40 C.F.R. § 35.6325

(a)

EPA's interest in CERCLA-funded property. EPA has an interest (the percentage of EPA's participation in the total award) in both equipment and supplies purchased with CERCLA funds.

(b)

Title in CERCLA-funded property. Title in both equipment and supplies purchased with CERCLA funds vests in the recipient.

(1)

Right to transfer title. EPA retains the right to transfer title of all property purchased with CERCLA funds to the Federal Government or a third party within 120 calendar days after project completion or at the time of disposal.

(2)

Equipment used as all or part of the remedy. The following requirements apply to equipment used as all or part of the remedy:

(i)

Fixed in-place equipment. EPA no longer has an interest in fixed in-place equipment once the equipment is installed.

(ii)

Equipment that is an integral part of services to individuals. EPA no longer has an interest in equipment that is an integral part of services to individuals, such as pipes, lines, or pumps providing hookups for homeowners on an existing water distribution system, once EPA certifies that the remedy is operational and functional.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6330. Title to federally owned property.

40 C.F.R. § 35.6330

Title to all federally owned property vests in the Federal Government.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6335. Property management standards.

40 C.F.R. § 35.6335

The recipient must comply with the following property management standards for property purchased with CERCLA funds. The recipient may use its own property management system if it meets the following standards.

(a)

Control. The recipient must maintain:

(1)

Property records— for CERCLA-funded property which include the contents specified in § 35.6700(c);

(2)

A control system— that ensures adequate safeguards for prevention of loss, damage, or theft of the property. The recipient must make provisions for the thorough investigation and documentation of any loss, damage, or theft;

(3)

Procedures— to ensure maintenance of the property are in good condition and periodic calibration of the instruments used for precision measurements;

(4)

Sales procedures— to ensure the highest possible return, if the recipient is authorized to sell the property;

(5)

Provisions for financial control and accounting— in the financial management system of all equipment; and

(6)

Identification— of all federally owned property.

(b)

Inventory and reporting for CERCLA-funded equipment—

(1)

Physical inventory. The recipient must conduct a physical inventory at least once every two years for all equipment except that which is part of the in-place remedy. The recipient must reconcile physical inventory results with the equipment records.

(2)

Inventory reports. The recipient must comply with requirements for inventory reports set forth in § 35.6660.

(c)

Inventory and reporting for federally owned property—

(1)

Physical inventory. The recipient must conduct a physical inventory:

(i)

Annually;

(ii)

When the property is no longer needed; and

(iii)

Within 90 days after the end of the project period.

(2)

Inventory reports. The recipient must comply with requirements for inventory reports in § 35.6660.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6340. Disposal of CERCLA-funded property.

40 C.F.R. § 35.6340

(a)

Equipment. For equipment that is no longer needed, or at the end of the project period, whichever is earlier, the recipient must:

(1)

Analyze two alternatives— The cost of leaving the equipment in place, and the cost of removing the equipment and disposing of it in another manner.

(2)

Document the analysis of the two alternatives in the inventory report. See § 35.6660 regarding requirements for the inventory report.

(i)

If it is most cost-effective to remove the equipment and dispose of it in another manner:

(A)

If the equipment has a residual fair market value of $5,000 or more, the recipient must request disposition instructions from EPA in the inventory report. See § 35.6345 for equipment disposal options.

(B)

If the equipment has a residual fair market value of less than $5,000, the recipient may retain the equipment for the recipient's use on another CERCLA site. If, however, there is any remaining residual value at the time of final disposition, the recipient must reimburse the Hazardous Substance Superfund for EPA's vested interest in the current fair market value of the equipment at the time of disposition.

(ii)

If it is most cost-effective to leave the equipment in place, recommend in the inventory report that the equipment be left in place.

(3)

Submit the inventory report to EPA, even if EPA has stopped supporting the project.

(b)

Supplies.

(1)

If supplies have an aggregate fair market value of $5,000 or more at the end of the project period, the recipient must take one of the following actions at the direction of EPA:

(i)

Use the supplies on another CERCLA project and reimburse the original project for the fair market value of the supplies;

(ii)

If both the recipient and EPA concur, keep the supplies and reimburse the Hazardous Substance Superfund for EPA's interest in the current fair market value of the supplies; or

(iii)

Sell the supplies and reimburse the Hazardous Substance Superfund for EPA's interest in the current fair market value of the supplies, less any reasonable selling expenses.

(2)

If the supplies remaining at the end of the project period have an aggregate fair market value of less than $5,000, the recipient may keep the supplies to use on another CERCLA project. If the recipient cannot use the supplies on another CERCLA project, then the recipient may keep or sell the supplies without reimbursing the Hazardous Substance Superfund.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6345. Equipment disposal options.

40 C.F.R. § 35.6345

The following disposal options are available:

(a)

Use the equipment on another CERCLA project and reimburse the original project for the fair market value of the equipment;

(b)

If both the recipient and EPA concur, keep the equipment and reimburse the Hazardous Substance Superfund for EPA's interest in the current fair market value of the equipment;

(c)

Sell the equipment and reimburse the Hazardous Substance Superfund for EPA's interest in the current fair market value of the equipment, less any reasonable selling expenses; or

(d)

Return the equipment to EPA and, if applicable, EPA will reimburse the recipient for the recipient's proportionate share in the current fair market value of the equipment.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6350. Disposal of federally owned property.

40 C.F.R. § 35.6350

When federally owned property is no longer needed, or at the end of the project, the recipient must inform EPA that the property is available for return to the Federal Government. EPA will send disposition instructions to the recipient.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6400. Acquisition and transfer of interest.

40 C.F.R. § 35.6400

(a)

An interest in real property may be acquired only with prior approval of EPA.

(1)

If the recipient acquires real property in order to conduct the response, the recipient with jurisdiction over the property must agree to hold the necessary property interest.

(2)

If it is necessary for the Federal Government to acquire the interest in real estate to permit conduct of a remedial action, the acquisition may be made only if the State provides assurance that it will accept transfer of the acquired interest in accordance with 40 CFR 300.510(f) of the NCP. States must follow the requirements in § 35.6105(b)(5).

(b)

The recipient must comply with applicable Federal regulations for real property acquisition under assistance agreements contained in part 4 of this chapter, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.”

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6405. Use.

40 C.F.R. § 35.6405

The recipient must comply with the requirements regarding real property described in 2 CFR 200.311.

Notes, amendments, and revision history

Amendments

[79 FR 76060, Dec. 19, 2014]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[79 FR 76060, Dec. 19, 2014]

§35.6450. General requirements.

40 C.F.R. § 35.6450

The recipient must comply with the requirements regarding copyrights described in 2 CFR part 200.315. The recipient must comply with the requirements regarding contract copyright provisions described in § 35.6595(b)(2).

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014]