---
kind: "range"
citation: "40 C.F.R. §§ 35.6325–35.6340"
title: "40"
from: "35.6325"
to: "35.6340"
count: 4
url: "https://uscodex.org/cfr/40/35.6325..35.6340"
---

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

- (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.

# §35.6330. Title to federally owned property.


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


# §35.6335. Property management standards.


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)](/cfr/40/35.6700.md?p=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](/cfr/40/35.6660.md).
- (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](/cfr/40/35.6660.md).

# §35.6340. Disposal of CERCLA-funded property.

- (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](/cfr/40/35.6660.md) 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](/cfr/40/35.6345.md) 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.