# 40 CFR § 310.12: What costs are NOT allowable?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-310.12

## Section

- **Citation:** 40 CFR § 310.12
- **Heading:** What costs are NOT allowable?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER J—SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS > PART 310—REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO HAZARDOUS SUBSTANCE RELEASES > Subpart B—Provisions > What Can Be Reimbursed?

## Text

(a) Costs that are NOT allowable are expenditures you incur in providing what are traditionally local services and responsibilities. Examples include:
(1) Routine firefighting;
(2) Preparing contingency plans;
(3) Training; and
(4) Response drills and exercises.
(b) Costs that are NOT allowable also include items such as supplies, equipment, and services that you routinely purchase to maintain your ability to respond effectively to hazardous releases when they occur. Examples of other costs that are NOT allowable are:
(1) Purchase or routine maintenance of durable equipment expected to last one year or more, except when contaminated or damaged as described in § 310.11(b)(4) and (b)(5);
(2) Materials and supplies you did NOT purchase specifically for the response;
(3) Rental costs for equipment that you own or that another unit of local government owns;
(4) Employee fringe benefits;
(5) Administrative costs for filing reimbursement applications;
(6) Employee out-of-pocket expenses normally provided for in your operating budget (for example, meals or fuel);
(7) Legal expenses you may incur due to response activities, including efforts to recover costs from PRPs; and
(8) Medical expenses you incur due to response activities.

## Nearby sections

- [40 CFR § 310.5 § 310.5 Am I eligible for reimbursement?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.5.md)
- [40 CFR § 310.6 § 310.6 Are states eligible?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.6.md)
- [40 CFR § 310.7 § 310.7 Can more than one local agency or government be reimbursed for response to the same incident?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.7.md)
- [40 CFR § 310.8 § 310.8 Can EPA reimburse the entire cost of my response?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.8.md)
- [40 CFR § 310.9 § 310.9 If more than one local agency or government is involved, can each receive up to $25,000?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.9.md)
- [40 CFR § 310.10 § 310.10 What are temporary emergency measures?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.10.md)
- [40 CFR § 310.11 § 310.11 What costs are allowable?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.11.md)
- [40 CFR § 310.12 § 310.12 What costs are NOT allowable?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.12.md)
- [40 CFR § 310.13 § 310.13 Do I need to notify anyone while the response is underway?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.13.md)
- [40 CFR § 310.14 § 310.14 Must I try to recover my costs from those potentially responsible for the emergency?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.14.md)
- [40 CFR § 310.15 § 310.15 How do I apply for reimbursement?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.15.md)
- [40 CFR § 310.16 § 310.16 What kind of cost documentation is necessary?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.16.md)
- [40 CFR § 310.17 § 310.17 Are there any other requirements?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.17.md)
- [40 CFR § 310.18 § 310.18 How will EPA evaluate my application?](https://www.frixlaw.com/law-library/statutes/ecfr-40-310.18.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-310.12. Check the current official text before relying on it. Not legal advice.