Scheme Nickname: 
CERCLA 106(b) reimbursement claims

Proceedings for Environmental Appeals Board review and decision on reimbursement petitions for cleanup costs under section 106(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). There are no regulations governing EAB review of 106(b) reimbursement petitions; instead, EAB determinations are guided by a guidance document, "Revised Guidance Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions" (Feb. 23, 2012) (available on EAB website).

The EAB conducts record review (with oral argument as needed), unless EAB determines, in its discretion, an evidentiary hearing is needed for disputed material facts. In an evidentiary hearing is needed, the EAB will designate a neutral EPA employee (i.e., no prior involvement in case) to serve as the hearing officer and issue a recommended decision.

Types of Adjudication: 
Type B
Verified by Agency: 
Not verified
Is this a Major Adjudication: