[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR10.2]

[Page 183]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 10_ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT--Table of Contents
 
                          Subpart B_Procedures
 
Sec. 10.2  Administrative claim; when presented; place of filing.


    (a) For purpose of the regulations in this part, a claim shall be 
deemed to have been presented when the Environmental Protection Agency 
receives, at a place designated in paragraph (c) of this section, an 
executed Standard Form 95 or other written notification of an incident 
accompanied by a claim for money damages in a sum certain for damage to 
or loss of property, for personal injury, or for death, alleged to have 
occurred by reason of the incident. A claim which should have been 
presented to EPA, but which was mistakenly addressed to or filed with 
another Federal agency, shall be deemed to be presented to EPA as of the 
date that the claim is received by EPA. A claim mistakenly addressed to 
or filed with EPA shall forthwith be transferred to the appropriate 
Federal agency, if ascertainable, or returned to the claimant.
    (b) A claim presented in compliance with paragraph (a) of this 
section may be amended by the claimant at any time prior to final action 
by the Administrator, or his designee, or prior to the exercise of the 
claimant's option to bring suit under 28 U.S.C. 2675(a). Amendments 
shall be submitted in writing and signed by the claimant or his duly 
authorized agent or legal representative. Upon the timely filing of an 
amendment to a pending claim, EPA shall have 6 months in which to make a 
final disposition of the claim as amended and the claimant's option 
under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing 
of an amendment.
    (c) Forms may be obtained and claims may be filed with the EPA 
office having jurisdiction over the employee involved in the accident or 
incident, or with the EPA Claims Officer, Office of General Counsel 
(2311), 1200 Pennsylvania Ave., NW., Washington, DC 20460.

[38 FR 16868, June 27, 1973, as amended at 51 FR 25832, July 16, 1986]