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§ 14.1 Scope of regulations.

This part prescribes regulations under the Military Personnel and Civilian Employees' Claims Act of 1964, as amended, for the settlement of a claim against the United States made by an officer or employee of the Environmental Protection Agency (EPA) for damage to, or loss of, personal property incident to service.

within the 2-year period after the claim accrued, may be considered if filed in writing within 2 years after the circumstances permit filing or within 2 years after the end of the war or armed conflict, whichever is earlier.

& 14.2 Definitions.

As used in this part:

(a) "Act" means the Military Personnel and Civilian Employees' Claims Act of 1964, as amended (31 U.S.C. 240-243).

(b) “Employee" means an officer or employee of EPA.

(c) "Settle" means consider, ascertain, adjust, determine, and dispose of any claim, whether by full or partial

hv full or partial allowance or disallowance. $ 14.3 Investigation, examination, and de

termination of claim. Employees shall present claims filed under this part through their supervi. sors and/or safety officers to the EPA Claims Officer, Facilities and Support Services Division, Washington, D.C. 20460, who will settle such claims.

§ 14.6 Principal types of claims allowable.

(a) In general, a claim may be allowed only for tangible personal property of a type and quantity that was reasonable, useful, or proper for the employee to possess under the circumstances at the time of the loss or damage.

(b) Claims that will ordinarily be allowed include, but are not limited to, cases in which the loss or damage occurred:

(1) In quarters assigned or provided in kind, by the Government, wherever situated;

(2) In quarters outside the 50 States and the District of Columbia whether or not assigned or provided in kind by the Government, unless the claimant is a local or native resident;

(3) In a place officially designated for storage of property such as a warehouse, office, garage, or other storage place;

(4) In a marine, rail, aircraft, or other common disaster or a natural disaster such as a fire, flood, hurricane;

(5) When the property, including personal clothing and vehicles, was subjected to extraordinary risks in the employee's performance of duty, such as in connection with civil disturbance, public disorder, common or natural disaster, or effects to save Government property or human life;

(6) When the property was used for the benefit of the Government at the direction of a superior; and

(7) When the property was money or other valuables deposited with an authorized Government agent for safekeeping.

$ 14.4 Who may file claim.

A claim may be filed by an employ. ee, by his spouse in his name as authorized agent, or by any other authorized agent or legal representative of the employee. If the employee is dead, his (a) spouse, (b) child, (c) father or mother, or both, or (d) brother or sister, or both, may file the claim and is entitled to payment in that order.

8 14.5 Time limits for filing.

(a) A claim under this part may be considered only if:

(1) Except as provided in paragraph (b) of this section, the claim is filed in writing within 2 years after accrual.

(b) A claim that cannot be filed within the time limits of paragraph (a) of this section because of circumstances attendant on a war or armed conflict involving one of the armed forces of the United States that exists at the time the claim accrues, or

$ 14.7 Principal types of claims not allow

able. (a) Claims that will ordinarily not be allowed include, but are not limited to, claims for:

(1) Losses or damages totaling less than $10 or more than $6,500;

ated value, it will be considered to be economically repairable and only the cost of repair will be allowable.

(b) Attorney's fee. Under the terms of the act, no more than 10 percent of the amount paid in settlement of a claim submitted and settled under this part may be paid or delivered to or received by any agent or attorney on account of services rendered in connection with that claim, any contract to the contrary notwithstanding; any person violating this or any other provision of the act is guilty of a misdemeanor and on conviction shall be fined not to exceed $1,000.00.

(2) Money or currency except when deposited with an authorized Govern ment agent for safekeeping or except when lost incident to a marine, rail, aircraft, or other common disaster or a natural disaster such as a fire, flood, or hurricane;

(3) Transportation losses involving baggage, household goods, or other shipments which could have been insured;

(4) Articles of extraordinary value;

(5) Articles being worn (unless allowable under $ 14.6);

(6) Intangible property such as bank books, checks, notes, stock certificates, money orders, or travelers checks;

(7) Property owned by the United States unless the employee is financially responsible for it to another Government agency;

(8) Claims for loss or damage to motor vehicles or trailers (unless allowable under $ 14.6);

(9) Losses of insurers and subrogees;

(10) Losses recoverable from insurer and carriers;

(11) Losses in quarters within the United States not assigned or otherwise provided in kind by the Government;

(12) Losses recovered or recoverable pursuant to contract;

(13) Claims for damage or loss caused, in whole or in part, by the negligent or wrongful act of the employee or his agent;

(14) Property used for business or profit;

(15) Theft from the possession of the employee unless due care was used to protect possession; or

(16) Property acquired, possessed or transported in violation of law, or reg. ulations.

§ 14.9 Relationship to other Agency regu

lations. Each of the four pre-existing agencies that contributed parts of its organization to the Environmental Protection Agency had published regulations or policy issuance governing the administrative disposition of claims under the Military Personnel and Civilian Employees' Claims Act of 1964, as amended, at the time Reorganization Plan No. 3 of 1970 became effective; namely, Department of the Interior; Department of Health, Education, and Welfare; Department of Agriculture; and Atomic Energy Commission. The regulations and policy issuances that are currently applicable to the various constituent units of the Environmental Protection Agency are hereby superseded upon publication of the Agency's regulations with respect to employees' claims asserted under the Act involving employees of the Agency.

PART 15-ADMINISTRATION OF THE

CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS

8 14.8 Computation of award and finality

of settlement. (a) Some computation principles. The amount awarded or any items or property may not exceed the adjusted cost, based either on the price paid or value at the time of acquisition. The amount normally payable for property damaged beyond economical repair is found by determining its depreciated value immediately before loss or damage, less any salvage value. If the cost of repair is less than the depreci

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Subpart B-Remedies

Facilities which will reflect those ineli

gible for the award of a Federal conSec. 15.20 List of Violating Facilities.

tract, grant, or loan. Facilities will be 15.21 Hearings.

listed upon a determination by EPA of 15.22 Public participation.

continuing or recurring noncompli15.23 Agency participation.

ance with clean air or water standards. 15.24 Investigation.

State, and local criminal convictions, 15.25 Referral to the Justice Department.

civil adjudications, and administrative Subpart C—Ancillary Matters

findings of noncompliance may serve

as a basis for consideration of listing. 15.40 Reports.

In cases where a facility has been sub15.41 Delegation of Authority by the As

jected to a State or local civil adjudicasistant Administrator.

tion or administrative finding that APPENDIX A

such facility is in noncompliance with AUTHORITY: 42 U.S.C. 1857 et seq., 33 USC clean air or water standards, EPA 1251 et seq. and E.O. 11738 of Sept. 10, 1973 shall consider listing at the request of (38 FR 28161).

the Governor. The program shall SOURCE: 40 FR 17124, Apr. 16, 1975, unless apply to any contract, grant, or loan in otherwise noted.

excess of $100,000, as well as any con

tract of a lesser amount involving a faSubpart A-Administrative

cility giving rise to a Federal criminal Requirements

conviction. 8 15.1 Purpose.

$ 15.2 Administrative responsibility. (a) The regulations in this part are

The Assistant Administrator for Enissued pursuant to the Clean Air Act,

forcement is hereby delegated authori. as amended (42 U.S.C. 1857 et seq., as

ty and assigned responsibility for caramended by Pub. L. 91-604), the Fed

rying out the responsibilities assigned eral Water Pollution Control Act, as

to the Administrator under the Order, amended (33 U.S.C. 1251 et seq., as

except the power to issue rules and amended by Pub. L. 92-500), and Ex

regulations. All correspondence reecutive Order 11738, to provide certain

garding the Order or the regulations prohibitions and requirements con

in this part should be addressed to the cerning the administration of the

Assistant Administrator for EnforceClean Air Act and the Federal Water

ment (EN-329), U.S. Environmental Pollution Control Act with respect to Protection Agency, Washington, D.C. Federal contracts, grants, and loans.

20460. The regulations in this part apply to

[44 FR 6910, Feb. 5, 1979) all agencies in the Executive Branch of the Government which award con $ 15.3 Definitions. tracts, grants, or loans. The regula.

(a) The term "Air Act” means the tions also apply to contractors and subcontractors and to recipients of

Clean Air Act, as amended (42 U.S.C. funds under grants and loans to the

1857 et seq., as amended by Pub. L. 91extent set forth in this part.

604). (b) The rights and remedies of the

(b) The term “Administrator" means Government hereunder are not exclu

the Administrator of the Environmensive and do not affect rights and reme

tal Protection Agency. dies provided elsewhere by law, regula

(c) The term "agency" means any tion, or contract; neither do the regu department, agency, establishment, or lations limit the exercise by the Ad instrumentality in the Executive ministrator, Federal agencies, or other Branch of the Federal Government, parties of powers not herein specifical- including wholly owned government ly set forth, but otherwise granted to corporations which award contracts, them by the Air Act and the Water grants, or loans. Act or the Order.

(d) The term “applicant” means any (c) The program provides for the es- person who has applied but has not tablishment of a List of Violating yet received a contract, grant, or loan and includes a bidder or proposer for a tor for Enforcement, U.S. Environcontract which is not yet awarded. mental Protection Agency, or any

(e) The term "air pollution control person to whom he delegates authoriagency" means any agency which is ty under the regulations in this part. defined in section 302(b) or section (m) The term "facility" means any 302(c) of the Air Act.

building, plant, installation, structure, (f) The term "borrower" means a mine, vessel or other floating craft, loprime recipient of a loan.

cation or site of operations owned, (g) The term “clean air standards" leased, or supervised by an applicant, means any enforceable rules, regula- contractor, subcontractor, grantee, tions, guidelines, standards, limita- subgrantee, borrower or subborrower tions, orders, controls, prohibitions, or to be utilized in the performance of a other requirements which are con contract, grant, or loan. Where a locatained in, issued under, or otherwise tion, or site of operations contains or adopted pursuant to the Air Act or the includes more than one building, Order, an applicable implementation plant, installation, or structure, the plan as described in section 110(d) of entire location or site shall be deemed the Air Act, an approved implementa- to be a facility, except where the Dition procedure or plan under section rector determines that independent 111(c) or section 111(d), respectively, facilities are co-located in one geoof the Air Act, or an approved imple graphic area. mentation procedure under section (n) The term “Governor” means the 112(d) of the Air Act.

Governor or principal executive offi(h) The term “clean water stand cer of each State. ards" means any enforceable limita- (0) The term "grant" means any tion, control, condition, prohibition, Federal grant, including grant-in-aid standard, or other requirement which (except where such assistance is solely is promulgated pursuant to the Water in the form of general revenue sharing Act or contained in a permit issued to funds, distributed under the State and a discharger by EPA, or by a State Local Fiscal Assistance Act of 1972, 31 under an approved program, as au- U.S.C. 1221 et seq.). thorized by section 402 of the Water (p) The term “grantee" means the Act, or by a local government to prime recipient of a grant. ensure compliance with pretreatment (q) The term "loan" means a loan of regulations as required by section 307 Federal funds. of the Water Act.

(r) The term “Order" means Execu(i) The term "compliance" means tive Order 11738, dated September 10, compliance with clean air or water 1973 (38 FR 25161), which superseded standards. For the purpose of these Executive Order 11602, dated June 29, regulations, “compliance" shall also 1971 (36 FR 12475). mean compliance with a schedule or (s) The term "person" means any plan ordered or approved by a court of natural person, corporation, partnercompetent jurisdiction, the Environ ship, unincorporated association, State mental Protection Agency, or an air or or local government, or any agency, inwater pollution control agency, in ac strumentality, or subdivision of such a cordance with the requirements of the government or any interstate body. Air or Water Act and regulations (t) The term “State" means a State, issued pursuant thereto.

the District of Columbia, the Com(j) The term "contract" means any monwealth of Puerto Rico, the Virgin Federal contract for the procurement Islands, Guam, American Samoa, or of personal property or non-personal the Trust Territories of the Pacific Isservices (including construction).

lands. (k) The term "contractor" means (u) The term "subborrower" means the prime contractor with whom the any person holding a subloan. Federal Government has contracted (v) The term "subcontract" means for procurement of personal property any agreement or arrangement under or non-personal services.

which any portion of the contractor's (1) The term “Assistant Administra obligation is performed, undertaken, tor" means the Assistant Administra- or assumed.

acu.

(w) The term "subcontractor" means (b) Procurement, grant, and loan any person holding a subcontract. regulations. Section 4 of the Order

(x) The term "subgrant” means any provides that agencies responsible for agreement or arrangement under promulgating contract, grant, and loan which any portion of the activity or regulations shall, following consultaprogram which is being assisted under tion with the Administrator, amend the grant is performed, undertaken, or such regulations to require, as a condiassumed.

tion of entering into, renewing, or ex(y) The term "subgrantee" means tending any nonexempt contract, any person holding a subgrant.

grant, or loan, compliance with the Air (z) The term "subloan" means any and Water Acts and standards issued agreement or arrangement under pursuant thereto. Pursuant to the auwhich any portion of the business, thorities vested in the Administrator program, or activity which is being as- in section 5 of the Order, agencies resisted under the loan is performed, un- sponsible for promulgating contract, dertaken, or assumed.

grant, and loan regulations shall be (aa) The term "United States” as governed by this part. Such regulaused herein includes the several tions shall be amended to require, no States, the District of Columbia, the later than July 1, 1975, the use of the Commonwealth of Puerto Rico, the provisions set forth below. Virgin Islands, Guam, American (c) Procurement regulations. The Samoa, and the Trust Territories of Federal Procurement Regulations, the Pacific Islands.

Armed Services Procurement Regula(bb) The term “Water Act" means tion, and to the extent necessary, any Federal Water Pollution Control Act, supplemental or comparable regulaas amended 33 U.S.C. 1251 et seq., as tions issued by any agency shall be amended by Pub. L. 92-500).

amended to employ solicitation and (cc) The term “water pollution con contracts provisions which include the trol agency" means any agency which following requirements: is defined in section 502(1) or section (1) A stipulation by the contractor 502(2) of the Water Act.

or subcontractors that any facility to (40 FR 17124, Apr. 16, 1975, as amended at

be utilized in the performance of any 44 FR 6911, Feb. 5, 1979)

nonexempt contractor subcontract is

not listed on the EPA List of Violating 8 15.4 Agency responsibilities.

Facilities pursuant to § 15.20 as of the (a) General. Pursuant to the Order,

date of contract award. each agency will take appropriate

(2) Agreement by the contractor to steps to ensure that all officers and

comply with all the requirements of employees whose duties entail compli

section 114 of the Air Act and section ance or comparable functions with re

308 of the Water Act relating to inspect to contracts, grants, and loans

spection, monitoring, entry, reports, are familiar with the Order and the

and information, as well as all other regulations under this part. Such offi requirements specified in section 114 cers and employees will promptly

and section 308 of the Air Act and the report to the head of the agency or his

Water Act, respectively, and all reguladesignee any condition in any facility tions and guidelines issued thereuninvolved in a contract, grant, or loan made by an agency which may involve (3) A stipulation that as a condition noncompliance with the clean air or for the award of a contract the appliwater standards and which comes to cant or contractor shall notify the their attention in the performance of awarding official of the receipt of any their regular duties. The head of the communication from the Assistant Adagency or his designee will promptly ministrator indicating that a facility transmit such reports to the Assistant to be utilized for the contract is under Administrator. The Assistant Adminis- consideration to be listed on the EPA trator shall take action as may be ap- List of Violating Facilities. Prompt nopropriate in accordance with $ $ 15.24 tification shall be required prior to and 15.20.

contract award.

lor

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