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decisions in such cases shall be made ment or requirements imposed by or in accordance with $ 12.11.

pursuant to this part with which it is

found that the applicant or recipient $ 12.11. Decisions and notices.

has failed to comply. (a) Procedure on decisions by admin. (e) Approval by Administrator. Any istrative law judge. The administrative decision by an official of the Agency, law judge shall make an initial deci- other than the Administrator personsion, including his or her recommend ally, which provides for the terminaed findings and proposed decision, and tion of, or the refusal to grant or cona copy of such initial decision shall be tinue, Federal financial assistance, or mailed by certified mail (return re- the imposition of any other sanction ceipt requested) to the applicant or re- available under this part or the Act, cipient. The applicant or recipient shall promptly be transmitted to the may, within 30 days after the receipt Administrator personally, who may of such notice of initial decision, file approve such decision, vacate it, or with the Administrator his exceptions remit or mitigate any sanction imto the initial decision, and his reasons posed. therefor. In the absence of exceptions, (f) Content of orders. The final decithe Administrator may, on his own sion may provide for termination of, motion, within 45 days after the initial or refusal to grant or continue, Federdecision, serve on the applicant or re al financial assistance, in whole or in cipient a notice that he will review the part, to the program involved and may decision. Upon the filing of such ex- contain such terms, conditions, and ceptions or of notice of review, the Ad- other provisions as are consistent with ministrator shall review the initial de and will effectuate the purpose of the cision and issue his own decision act and this part, including provisions thereon including the reasons there designed to assure that no Federal fifor. In the absence of either excep- nancial assistance will thereafter be tions or a notice of review the initial extended under such program to the decision shall, subject to paragraph (e) applicant or recipient determined by of this section, constitute the final de- such decision to have failed to comply cision of the Administrator.

with requirements imposed by or (b) Decisions on record on review by under this part unless and until it corthe Administrator. Whenever the Ad- rects its noncompliance and satisfies ministrator reviews the decision of an the Administrator that it will fully administrative law judge pursuant to comply with this part. paragraph (a) of this section, the ap (g) Post-termination proceedings. (1) plicant or recipient, the Agency offi. An applicant or recipient adversely afcials responsible, and the complainant, fected by an order issued under paraif any, shall be given reasonable op. graph (f) of this section shall be reportunity to file with him briefs or stored to full eligibility to receive Fedother written statements of their con eral financial assistance from the tentions, and a written copy of the Agency if it satisfies the terms and final decision of the Administrator conditions of that order for such eligishall be sent to the applicant or recipi. bility and brings itself into compliance ent and to the complainant, if any. with this part and provides reasonable

(c) Decisions on record where a hear- assurance that it will fully comply ing is waived. Whenever a hearing is with this part in the future. waived pursuant to $ 12.10(a), a deci. (2) Any applicant or recipient adsion shall be made by the Administra- versely affected by an order entered tor on the record and a written copy of pursuant to paragraph (f) of this secsuch decision shall be sent to the ap- tion may at any time request the Adplicant or recipient, and to the com ministrator to restore fully its eligibil. plainant, if any.

ity to receive Federal financial assist(d) Rulings required. Each decision ance from the Agency. Any such reof an administrative law judge shall quest shall be supported by informaset forth his or her ruling on each tion showing that the applicant or refinding, conclusion, or exception pre- cipient has met the requirements of sented, and shall identify the require- subparagraph (1) of this paragraph. If

the Administrator determines that those requirements have been satisfied, he shall restore such eligibility.

(3) If the Administrator denies any request made under paragraph (2) of this paragraph (g), the applicant or recipient may submit a request in writing for a hearing, specifying why it believes him to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record in accordance with rules or procedures issued by the Administrator. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (1) of this paragraph (g). Failure to file such a request within 3 weeks after receipt of notice of such denial shall constitute consent to the Administrator's determination.

(4) While proceedings under this paragraph (g) are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect. (39 FR 32989, Sept. 13, 1974, as amended at 41 FR 20656, May 20, 1976)

discrimination on the ground of sex in any program or activity to which this part is inapplicable, or prohibit discrimination on any other ground.

(b) Forms and instructions. The Administrator shall issue and promptly make available to all interested persons forms and detailed instructions and procedures for effectuating this part as applied to programs to which this part applies and for which he is responsible.

(c) Supervision and coordination. The Administrator may from time to time assign to officials of the Agency, or to officials of other departments or agencies of the government with the consent of such departments or agencies, responsibilities in connection with effectuation of the purposes of section 13 of the Act, and this part. The Administrator may delegate in writing any function assigned (other than responsibility for final decision as provided in $ 12.11) to him by the Act or by this part. Any action taken, determination made, or requirement imposed by an official of another department or agency acting pursuant to an assignment or delegation of responsibility under this paragraph shall have the same effect as though such action had been taken by the Administrator of the Agency. (39 FR 32989, Sept. 13, 1974, as amended at 41 FR 20656, May 20, 1976)



§ 12.12 Effect on other regulations, forms,

and instructions. (a) Effect on other regulations. All regulations, orders, or like directions issued before the effective date of this part by any officer of the Agency, or by any predecessor of such an officer, which impose requirements designed to prohibit any discrimination against individuals on the ground of sex under any program or activity to which this part applies, and which authorize the termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such re. quirements, are hereby superseded to the extent that the discrimination against which they are directed is prohibited by this part. Nothing in this part, however, supersedes any of the following (including future amend. ments thereof); (1) Executive Order 11246 (3 CFR 1971 ed., page 424) and regulations issued thereunder, or (2) any other orders. regulations, or instructions insofar as such orders, regulations, or instructions prohibit

Sec. 14.1 Scope of regulations. 14.2 Definitions. 14.3 Investigation, examination, and deter

mination of claim. 14.4 Who may file claim. 14.5 Time limits for filing. 14.6 Principal types of claims allowable. 14.7 Principal types of claims not allow

able. 14.8 Computation of award and finality of

settlement. 14.9 Relationship to other Agency regula

tions. AUTHORITY: Military Personnel and Civilian Employees' Claims Act of 1964, as amended (31 U.S.C. 240-243).

SOURCE: 39 FR 9664, Mar. 13, 1974, unless otherwise noted.

$ 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 Envi. ronmental 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.

§ 11.2 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 allowance or disallowance.

8 11.3 Investigation, examination, and de.

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

ington DC 20460, who will settle such claims.

8 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. S 8 11.7 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;

8 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 11.5 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

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 Government 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 neg. ligent 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.

8 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 Ag. riculture; 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,



$ 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.

Subpart A-Administrative Requirements Sec. 15.1 Purpose. 15.2 Administrative responsibility. 15.3 Definitions. 15.4 Agency responsibilities. 15.5 Exemptions.


Facilities which will reflect those ineliSubpart B-Remedies

gible for the award of a Federal con15.20 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. § 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 8 15.3 Definitions. tracts, grants, or loans. The regulations also apply to contractors and

(a) The term "Air Act" means the 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

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