[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2006 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Parts 300 to 399

                         Revised as of July 1, 2006


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2006
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     507
      Table of CFR Titles and Chapters........................     509
      Alphabetical List of Agencies Appearing in the CFR......     527
      List of CFR Sections Affected...........................     537

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 300.1 refers 
                       to title 40, part 300, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2006), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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and Finding Aids. This volume contains the Parallel Table of Statutory 
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that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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appearing in the Code of Federal Regulations.

INQUIRIES

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                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2006.

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                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-one 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), 
part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-
End) parts 64-71, parts 72-80, parts 81-85, part 86 (86.1-86.599-99) 
part 86 (86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 
150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, 
parts 400-424, parts 425-699, parts 700-789, and part 790 to End. The 
contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2006.

    Chapter I--Environmental Protection Agency appears in all thirty-one 
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in 
parts 150-189. Regulations issued by the Council on Environmental 
Quality appear in the volume containing part 790 to End. The OMB control 
numbers for title 40 appear in Sec.  9.1 of this chapter.

    For this volume, Elmer Barksdale was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 300 to 399)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......         300

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         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000.

SUBCHAPTER J--SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW 
                                PROGRAMS
Part                                                                Page
300             National Oil and Hazardous Substances 
                    Pollution Contingency Plan..............           5
302             Designation, reportable quantities, and 
                    notification............................         280
303             Citizen awards for information on criminal 
                    violations under superfund..............         332
304             Arbitration procedures for small superfund 
                    cost recovery claims....................         334
305             Comprehensive Environmental Response, 
                    Compensation, and Liability Act (CERCLA) 
                    administrative hearing procedures for 
                    claims against the superfund............         348
307             Comprehensive Environmental Response, 
                    Compensation, and Liability Act (CERCLA) 
                    claims procedures.......................         360
310             Reimbursement to local governments for 
                    emergency response to hazardous 
                    substance releases......................         380
311             Worker protection...........................         393
312             Innocent landowners, standards for 
                    conducting all appropriate inquiry......         394
350             Trade secrecy claims for emergency planning 
                    and community right-to-know information: 
                    and trade secret disclosures to health 
                    professionals...........................         403
355             Emergency planning and notification.........         427
370             Hazardous chemical reporting: Community 
                    right-to-know...........................         442
372             Toxic chemical release reporting: Community 
                    right-to-know...........................         461
373             Reporting hazardous substance activity when 
                    selling or transferring Federal real 
                    property................................         500

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374             Prior notice of citizen suits...............         501
375-399

[Reserved]

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SUBCHAPTER J_SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW 
                                PROGRAMS





PART 300_NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN
--Table of Contents




                         Subpart A_Introduction

Sec.
300.1 Purpose and objectives.
300.2 Authority and applicability.
300.3 Scope.
300.4 Abbreviations.
300.5 Definitions.
300.6 Use of number and gender.
300.7 Computation of time.

         Subpart B_Responsibility and Organization for Response

300.100 Duties of President delegated to federal agencies.
300.105 General organization concepts.
300.110 National Response Team.
300.115 Regional Response Teams.
300.120 On-scene coordinators and remedial project managers: general 
          responsibilities.
300.125 Notification and communications.
300.130 Determinations to initiate response and special conditions.
300.135 Response operations.
300.140 Multi-regional responses.
300.145 Special teams and other assistance available to OSCs/RPMs.
300.150 Worker health and safety.
300.155 Public information and community relations.
300.160 Documentation and cost recovery.
300.165 OSC reports.
300.170 Federal agency participation.
300.175 Federal agencies: additional responsibilities and assistance.
300.180 State and local participation in response.
300.185 Nongovernmental participation.

                   Subpart C_Planning and Preparedness

300.200 General.
300.205 Planning and coordination structure.
300.210 Federal contingency plans.
300.211 OPA facility and vessel response plans.
300.212 Area response drills.
300.215 Title III local emergency response plans.
300.220 Related Title III issues.

          Subpart D_Operational Response Phases for Oil Removal

300.300 Phase I--Discovery or notification.
300.305 Phase II--Preliminary assessment and initiation of action.
300.310 Phase III--Containment, countermeasures, cleanup, and disposal.
300.315 Phase IV--Documentation and cost recovery.
300.317 National response priorities.
300.320 General pattern of response.
300.322 Response to substantial threats to public health or welfare of 
          the United States.
300.323 Spills of national significance.
300.324 Response to worst case discharges.
300.335 Funding.

                 Subpart E_Hazardous Substance Response

300.400 General.
300.405 Discovery or notification.
300.410 Removal site evaluation.
300.415 Removal action.
300.420 Remedial site evaluation.
300.425 Establishing remedial priorities.
300.430 Remedial investigation/feasibility study and selection of 
          remedy.
300.435 Remedial design/remedial action, operation and maintenance.
300.440 Procedures for planning and implementing off-site response 
          actions.

       Subpart F_State Involvement in Hazardous Substance Response

300.500 General.
300.505 EPA/State Superfund Memorandum of Agreement (SMOA).
300.510 State assurances.
300.515 Requirements for state involvement in remedial and enforcement 
          response.
300.520 State involvement in EPA-lead enforcement negotiations.
300.525 State involvement in removal actions.

                Subpart G_Trustees for Natural Resources

300.600 Designation of federal trustees.
300.605 State trustees.
300.610 Indian tribes.
300.612 Foreign trustees.
300.615 Responsibilities of trustees.

                Subpart H_Participation by Other Persons

300.700 Activities by other persons.

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    Subpart I_Administrative Record for Selection of Response Action

300.800 Establishment of an administrative record.
300.805 Location of the administrative record file.
300.810 Contents of the administrative record file.
300.815 Administrative record file for a remedial action.
300.820 Administrative record file for a removal action.
300.825 Record requirements after the decision document is signed.

            Subpart J_Use of Dispersants and Other Chemicals

300.900 General.
300.905 NCP Product Schedule.
300.910 Authorization of use.
300.915 Data requirements.
300.920 Addition of products to Schedule.

Subpart K--Federal Facilities [Reserved]

 Subpart L_National Oil and Hazardous Substances Pollution Contingency 
       Plan; Involuntary Acquisition of Property by the Government

300.1105 Involuntary acquisition of property by the government.

Appendix A to Part 300--The Hazard Ranking System
Appendix B to Part 300--National Priorities List
Appendix C to Part 300--Swirling Flask Dispersant Effectiveness Test, 
          Revised Standard Dispersant Toxicity Test, and Bioremediation 
          Agent Effectiveness Test
Appendix D to Part 300--Appropriate Actions and Methods of Remedying 
          Releases
Appendix E to Part 300--Oil Spill Response

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 
Comp., p.193.



                         Subpart A_Introduction

    Source: 59 FR 47416, Sept. 15, 1994, unless otherwise noted.



Sec. 300.1  Purpose and objectives.

    The purpose of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP) is to provide the organizational structure and 
procedures for preparing for and responding to discharges of oil and 
releases of hazardous substances, pollutants, and contaminants.



Sec. 300.2  Authority and applicability.

    The NCP is required by section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, 42 
U.S.C. 9605, as amended by the Superfund Amendments and Reauthorization 
Act of 1986 (SARA), Pub. L. 99-499, (hereinafter CERCLA), and by section 
311(d) of the Clean Water Act (CWA), 33 U.S.C. 1321(d), as amended by 
the Oil Pollution Act of 1990 (OPA), Pub. L. 101-380. In Executive Order 
(E.O.) 12777 (56 FR 54757, October 22, 1991), the President delegated to 
the Environmental Protection Agency (EPA) the responsibility for the 
amendment of the NCP. Amendments to the NCP are coordinated with members 
of the National Response Team (NRT) prior to publication for notice and 
comment. This includes coordination with the Federal Emergency 
Management Agency (FEMA) and the Nuclear Regulatory Commission in order 
to avoid inconsistent or duplicative requirements in the emergency 
planning responsibilities of those agencies. The NCP is applicable to 
response actions taken pursuant to the authorities under CERCLA and 
section 311 of the CWA, as amended.



Sec. 300.3  Scope.

    (a) The NCP applies to and is in effect for:
    (1) Discharges of oil into or on the navigable waters of the United 
States, on the adjoining shorelines, the waters of the contiguous zone, 
into waters of the exclusive economic zone, or that may affect natural 
resources belonging to, appertaining to, or under the exclusive 
management authority of the United States (See sections 311(c)(1) and 
502(7) of the CWA).
    (2) Releases into the environment of hazardous substances, and 
pollutants or contaminants which may present an imminent and substantial 
danger to public health or welfare of the United States.
    (b) The NCP provides for efficient, coordinated, and effective 
response to

[[Page 7]]

discharges of oil and releases of hazardous substances, pollutants, and 
contaminants in accordance with the authorities of CERCLA and the CWA. 
It provides for:
    (1) The national response organization that may be activated in 
response actions. It specifies responsibilities among the federal, 
state, and local governments and describes resources that are available 
for response.
    (2) The establishment of requirements for federal, regional, and 
area contingency plans. It also summarizes state and local emergency 
planning requirements under SARA Title III.
    (3) Procedures for undertaking removal actions pursuant to section 
311 of the CWA.
    (4) Procedures for undertaking response actions pursuant to CERCLA.
    (5) Procedures for involving state governments in the initiation, 
development, selection, and implementation of response actions, pursuant 
to CERCLA.
    (6) Listing of federal trustees for natural resources for purposes 
of CERCLA and the CWA.
    (7) Procedures for the participation of other persons in response 
actions.
    (8) Procedures for compiling and making available an administrative 
record for response actions.
    (9) National procedures for the use of dispersants and other 
chemicals in removals under the CWA and response actions under CERCLA.
    (c) In implementing the NCP, consideration shall be given to 
international assistance plans and agreements, security regulations and 
responsibilities based on international agreements, federal statutes, 
and executive orders. Actions taken pursuant to the provisions of any 
applicable international joint contingency plans shall be consistent 
with the NCP, to the greatest extent possible. The Department of State 
shall be consulted, as appropriate, prior to taking any action which may 
affect its activities.
    (d) Additionally, the NCP applies to and is in effect when the 
Federal Response Plan and some or all its Emergency Support Functions 
(ESFs) are activated.



Sec. 300.4  Abbreviations.

    (a) Department and Agency Title Abbreviations:

ATSDR--Agency for Toxic Substances and Disease Registry
CDC--Centers for Disease Control
DOC--Department of Commerce
DOD--Department of Defense
DOE--Department of Energy
DOI--Department of the Interior
DOJ--Department of Justice
DOL--Department of Labor
DOS--Department of State
DOT--Department of Transportation
EPA--Environmental Protection Agency
FEMA--Federal Emergency Management Agency
GSA--General Services Administration
HHS--Department of Health and Human Services
NIOSH--National Institute for Occupational Safety and Health
NOAA--National Oceanic and Atmospheric Administration
OSHA--Occupational Health and Safety Administration
RSPA--Research and Special Programs Administration
USCG--United States Coast Guard
USDA--United States Department of Agriculture

    Note: Reference is made in the NCP to both the Nuclear Regulatory 
Commission and the National Response Center. In order to avoid 
confusion, the NCP will spell out Nuclear Regulatory Commission and use 
the abbreviation ``NRC'' only with respect to the National Response 
Center.

    (b) Operational Abbreviations:

ACP--Area Contingency Plan
ARARs--Applicable or Relevant and Appropriate Requirements
CERCLIS--CERCLA Information System
CRC--Community Relations Coordinator
CRP--Community Relations Plan
DRAT--District Response Advisory Team
DRG--District Response Group
ERT--Environmental Response Team
ESF--Emergency Support Function
FCO--Federal Coordinating Officer
FRERP--Federal Radiological Emergency Response Plan
FRP--Federal Response Plan
FS--Feasibility Study
HRS--Hazard Ranking System
LEPC--Local Emergency Planning Committee
NCP--National Contingency Plan
NPFC--National Pollution Funds Center
NPL--National Priorities List
NRC--National Response Center
NRS--National Response System
NRT--National Response Team
NSF--National Strike Force

[[Page 8]]

NSFCC--National Strike Force Coordination Center
O&M--Operation and Maintenance
OSC--On-Scene Coordinator
OSLTF--Oil Spill Liability Trust Fund
PA--Preliminary Assessment
PIAT--Public Information Assist Team
RA--Remedial Action
RCP--Regional Contingency Plan
RD--Remedial Design
RERT--Radiological Emergency Response Team
RI--Remedial Investigation
ROD--Record of Decision
RPM--Remedial Project Manager
RRC--Regional Response Center
RRT--Regional Response Team
SAC--Support Agency Coordinator
SERC--State Emergency Response Commission
SI--Site Inspection
SMOA--Superfund Memorandum of Agreement
SONS--Spill of National Significance
SSC--Scientific Support Coordinator
SUPSALV--United States Navy Supervisor of Salvage
USFWS--United States Fish and Wildlife Service



Sec. 300.5  Definitions.

    Terms not defined in this section have the meaning given by CERCLA, 
the OPA, or the CWA.
    Activation means notification by telephone or other expeditious 
manner or, when required, the assembly of some or all appropriate 
members of the RRT or NRT.
    Alternative water supplies as defined by section 101(34) of CERCLA, 
includes, but is not limited to, drinking water and household water 
supplies.
    Applicable requirements means those cleanup standards, standards of 
control, and other substantive requirements, criteria, or limitations 
promulgated under federal environmental or state environmental or 
facility siting laws that specifically address a hazardous substance, 
pollutant, contaminant, remedial action, location, or other circumstance 
found at a CERCLA site. Only those state standards that are identified 
by a state in a timely manner and that are more stringent than federal 
requirements may be applicable.
    Area Committee (AC) as provided for by CWA sections 311(a)(18) and 
(j)(4), means the entity appointed by the President consisting of 
members from qualified personnel of federal, state, and local agencies 
with responsibilities that include preparing an area contingency plan 
for an area designated by the President.
    Area contingency plan (ACP) as provided for by CWA sections 
311(a)(19) and (j)(4), means the plan prepared by an Area Committee that 
is developed to be implemented in conjunction with the NCP and RCP, in 
part to address removal of a worst case discharge and to mitigate or 
prevent a substantial threat of such a discharge from a vessel, offshore 
facility, or onshore facility operating in or near an area designated by 
the President.
    Bioremediation agents means microbiological cultures, enzyme 
additives, or nutrient additives that are deliberately introduced into 
an oil discharge and that will significantly increase the rate of 
biodegradation to mitigate the effects of the discharge.
    Burning agents means those additives that, through physical or 
chemical means, improve the combustibility of the materials to which 
they are applied.
    CERCLA is the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986.
    CERCLIS is the abbreviation of the CERCLA Information System, EPA's 
comprehensive data base and data management system that inventories and 
tracks releases addressed or needing to be addressed by the Superfund 
program. CERCLIS contains the official inventory of CERCLA sites and 
supports EPA's site planning and tracking functions. Sites that EPA 
decides do not warrant moving further in the site evaluation process are 
given a ``No Further Response Action Planned'' (NFRAP) designation. This 
means that no additional federal steps under CERCLA will be taken at the 
site unless future information so warrants. Sites given a NFRAP 
designation are placed in a separate archival data base. Inclusion of a 
specific site or area in the CERCLIS data base does not represent a 
determination of any party's liability, nor does it represent a finding 
that any response action is necessary.

[[Page 9]]

    Chemical agents means those elements, compounds, or mixtures that 
coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, 
reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the 
pollutant mass more rigid or viscous, or otherwise facilitate the 
mitigation of deleterious effects or the removal of the pollutant from 
the water. Chemical agents include biological additives, dispersants, 
sinking agents, miscellaneous oil spill control agents, and burning 
agents, but do not include sorbents.
    Claim for purposes of a release under CERCLA, means a demand in 
writing for a sum certain; for purposes of a discharge under CWA, it 
means a request, made in writing for a sum certain, for compensation for 
damages or removal costs resulting from an incident.
    Claimant as defined by section 1001 of the OPA means any person or 
government who presents a claim for compensation under Title I of the 
OPA.
    Coastal waters for the purposes of classifying the size of 
discharges, means the waters of the coastal zone except for the Great 
Lakes and specified ports and harbors on inland rivers.
    Coastal zone as defined for the purpose of the NCP, means all United 
States waters subject to the tide, United States waters of the Great 
Lakes, specified ports and harbors on inland rivers, waters of the 
contiguous zone, other waters of the high seas subject to the NCP, and 
the land surface or land substrata, ground waters, and ambient air 
proximal to those waters. The term coastal zone delineates an area of 
federal responsibility for response action. Precise boundaries are 
determined by EPA/USCG agreements and identified in federal regional 
contingency plans.
    Coast Guard District Response Group (DRG) as provided for by CWA 
sections 311(a)(20) and (j)(3), means the entity established by the 
Secretary of the department in which the USCG is operating, within each 
USCG district, and shall consist of: the combined USCG personnel and 
equipment, including marine firefighting equipment, of each port in the 
district; additional prepositioned response equipment; and a district 
response advisory team.
    Community relations means EPA's program to inform and encourage 
public participation in the Superfund process and to respond to 
community concerns. The term ``public'' includes citizens directly 
affected by the site, other interested citizens or parties, organized 
groups, elected officials, and potentially responsible parties (PRPs).
    Community relations coordinator means lead agency staff who work 
with the OSC/RPM to involve and inform the public about the Superfund 
process and response actions in accordance with the interactive 
community relations requirements set forth in the NCP.
    Contiguous zone means the zone of the high seas, established by the 
United States under Article 24 of the Convention on the Territorial Sea 
and Contiguous Zone, which is contiguous to the territorial sea and 
which extends nine miles seaward from the outer limit of the territorial 
sea.
    Cooperative agreement is a legal instrument EPA uses to transfer 
money, property, services, or anything of value to a recipient to 
accomplish a public purpose in which substantial EPA involvement is 
anticipated during the performance of the project.
    Damages as defined by section 1001 of the OPA means damages 
specified in section 1002(b) of the Act, and includes the cost of 
assessing these damages.
    Discharge as defined by section 311(a)(2) of the CWA, includes, but 
is not limited to, any spilling, leaking, pumping, pouring, emitting, 
emptying, or dumping of oil, but excludes discharges in compliance with 
a permit under section 402 of the CWA, discharges resulting from 
circumstances identified and reviewed and made a part of the public 
record with respect to a permit issued or modified under section 402 of 
the CWA, and subject to a condition in such permit, or continuous or 
anticipated intermittent discharges from a point source, identified in a 
permit or permit application under section 402 of the CWA, that are 
caused by events occurring within the scope of relevant operating or 
treatment systems. For purposes of the NCP, discharge also means 
substantial threat of discharge.

[[Page 10]]

    Dispersants means those chemical agents that emulsify, disperse, or 
solubilize oil into the water column or promote the surface spreading of 
oil slicks to facilitate dispersal of the oil into the water column.
    Drinking water supply as defined by section 101(7) of CERCLA, means 
any raw or finished water source that is or may be used by a public 
water system (as defined in the Safe Drinking Water Act (42 U.S.C. 300 
et seq.) or as drinking water by one or more individuals.
    Environment as defined by section 101(8) of CERCLA, means the 
navigable waters, the waters of the contiguous zone, and the ocean 
waters of which the natural resources are under the exclusive management 
authority of the United States under the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.); and any other surface 
water, ground water, drinking water supply, land surface or subsurface 
strata, or ambient air within the United States or under the 
jurisdiction of the United States.
    Exclusive economic zone, as defined by OPA section 1001, means the 
zone established by Presidential Proclamation Numbered 5030, dated March 
10, 1983, including the ocean waters of the areas referred to as 
``eastern special areas'' in Article 3(1) of the Agreement between the 
United States of America and the Union of Soviet Socialist Republics on 
the Maritime Boundary, signed June 1, 1990.
    Facility as defined by section 101(9) of CERCLA, means any building, 
structure, installation, equipment, pipe or pipeline (including any pipe 
into a sewer or publicly owned treatment works), well, pit, pond, 
lagoon, impoundment, ditch, landfill, storage container, motor vehicle, 
rolling stock, or aircraft, or any site or area, where a hazardous 
substance has been deposited, stored, disposed of, or placed, or 
otherwise come to be located; but does not include any consumer product 
in consumer use or any vessel. As defined by section 1001 of the OPA, it 
means any structure, group of structures, equipment, or device (other 
than a vessel) which is used for one or more of the following purposes: 
Exploring for, drilling for, producing, storing, handling, transferring, 
processing, or transporting oil. This term includes any motor vehicle, 
rolling stock, or pipeline used for one or more of these purposes.
    Feasibility study (FS) means a study undertaken by the lead agency 
to develop and evaluate options for remedial action. The FS emphasizes 
data analysis and is generally performed concurrently and in an 
interactive fashion with the remedial investigation (RI), using data 
gathered during the RI. The RI data are used to define the objectives of 
the response action, to develop remedial action alternatives, and to 
undertake an initial screening and detailed analysis of the 
alternatives. The term also refers to a report that describes the 
results of the study.
    Federal Radiological Emergency Response Plan (FRERP) means the 
inter-agency agreement for coordinating the response of various 
agencies, under a variety of statutes, to a large radiological accident. 
The Lead Federal Agency (LFA), defined by the FRERP, activates the FRERP 
for any peacetime radiological emergency which, based upon its 
professional judgment, is expected to have a significant radiological 
effect within the United States, its territories, possessions, or 
territorial waters and that could require a response by several federal 
agencies.
    Federal Response Plan (FRP) means the agreement signed by 27 federal 
departments and agencies in April 1987 and developed under the 
authorities of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.) and the Disaster Relief Act of 1974 (42 U.S.C. 3231 et 
seq.), as amended by the Stafford Disaster Relief Act of 1988.
    First federal official means the first federal representative of a 
participating agency of the National Response Team to arrive at the 
scene of a discharge or a release. This official coordinates activities 
under the NCP and may initiate, in consultation with the OSC, any 
necessary actions until the arrival of the predesignated OSC. A state 
with primary jurisdiction over a site covered by a cooperative agreement 
will act in the stead of the first federal official for any incident at 
the site.

[[Page 11]]

    Fund or Trust Fund means the Hazardous Substance Superfund 
established by section 9507 of the Internal Revenue Code of 1986.
    Ground water as defined by section 101(12) of CERCLA, means water in 
a saturated zone or stratum beneath the surface of land or water.
    Hazard Ranking System (HRS) means the method used by EPA to evaluate 
the relative potential of hazardous substance releases to cause health 
or safety problems, or ecological or environmental damage.
    Hazardous substance as defined by section 101(14) of CERCLA, means: 
Any substance designated pursuant to section 311(b)(2)(A) of the CWA; 
any element, compound, mixture, solution, or substance designated 
pursuant to section 102 of CERCLA; any hazardous waste having the 
characteristics identified under or listed pursuant to section 3001 of 
the Solid Waste Disposal Act (but not including any waste the regulation 
of which under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) has 
been suspended by Act of Congress); any toxic pollutant listed under 
section 307(a) of the CWA; any hazardous air pollutant listed under 
section 112 of the Clean Air Act (42 U.S.C. 7521 et seq.); and any 
imminently hazardous chemical substance or mixture with respect to which 
the EPA Administrator has taken action pursuant to section 7 of the 
Toxic Substances Control Act (15 U.S.C. 2601 et seq.). The term does not 
include petroleum, including crude oil or any fraction thereof which is 
not otherwise specifically listed or designated as a hazardous substance 
in the first sentence of this paragraph, and the term does not include 
natural gas, natural gas liquids, liquified natural gas, or synthetic 
gas usable for fuel (or mixtures of natural gas and such synthetic gas).
    Indian tribe as defined by section 101(36) of CERCLA, means any 
Indian tribe, band, nation, or other organized group or community, 
including any Alaska Native village but not including any Alaska Native 
regional or village corporation, which is recognized as eligible for the 
special programs and services provided by the United States to Indians 
because of their status as Indians. ``Indian tribe,'' as defined by OPA 
section 1001, means any Indian tribe, band, nation, or other organized 
group or community, but not including any Alaska Native regional or 
village corporation, which is recognized as eligible for the special 
programs and services provided by the United States to Indians because 
of their status as Indians and has governmental authority over lands 
belonging to or controlled by the tribe.
    Inland waters, for the purposes of classifying the size of 
discharges, means those waters of the United States in the inland zone, 
waters of the Great Lakes, and specified ports and harbors on inland 
rivers.
    Inland zone means the environment inland of the coastal zone 
excluding the Great Lakes and specified ports and harbors on inland 
rivers. The term inland zone delineates an area of federal 
responsibility for response action. Precise boundaries are determined by 
EPA/USCG agreements and identified in federal regional contingency 
plans.
    Lead administrative trustee means a natural resource trustee who is 
designated on an incident-by-incident basis for the purpose of 
preassessment and damage assessment and chosen by the other trustees 
whose natural resources are affected by the incident. The lead 
administrative trustee facilitates effective and efficient communication 
during response operations between the OSC and the other natural 
resource trustees conducting activities associated with damage 
assessment, and is responsible for applying to the OSC for access to 
response operations resources on behalf of all trustees for initiation 
of a damage assessment.
    Lead agency means the agency that provides the OSC/RPM to plan and 
implement response actions under the NCP. EPA, the USCG, another federal 
agency, or a state (or political subdivision of a state) operating 
pursuant to a contract or cooperative agreement executed pursuant to 
section 104(d)(1) of CERCLA, or designated pursuant to a Superfund 
Memorandum of Agreement (SMOA) entered into pursuant to subpart F of the 
NCP or other agreements may be the lead agency for a response action. In 
the case of a release of a hazardous substance, pollutant, or 
contaminant, where the release is on, or

[[Page 12]]

the sole source of the release is from, any facility or vessel under the 
jurisdiction, custody, or control of Department of Defense (DOD) or 
Department of Energy (DOE), then DOD or DOE will be the lead agency. 
Where the release is on, or the sole source of the release is from, any 
facility or vessel under the jurisdiction, custody, or control of a 
federal agency other than EPA, the USCG, DOD, or DOE, then that agency 
will be the lead agency for remedial actions and removal actions other 
than emergencies. The federal agency maintains its lead agency 
responsibilities whether the remedy is selected by the federal agency 
for non-NPL sites or by EPA and the federal agency or by EPA alone under 
CERCLA section 120. The lead agency will consult with the support 
agency, if one exists, throughout the response process.
    Management of migration means actions that are taken to minimize and 
mitigate the migration of hazardous substances or pollutants or 
contaminants and the effects of such migration. Measures may include, 
but are not limited to, management of a plume of contamination, 
restoration of a drinking water aquifer, or surface water restoration.
    Miscellaneous oil spill control agent is any product, other than a 
dispersant, sinking agent, surface washing agent, surface collecting 
agent, bioremediation agent, burning agent, or sorbent that can be used 
to enhance oil spill cleanup, removal, treatment, or mitigation.
    National Pollution Funds Center (NPFC) means the entity established 
by the Secretary of Transportation whose function is the administration 
of the Oil Spill Liability Trust Fund (OSLTF). Among the NPFC's duties 
are: providing appropriate access to the OSLTF for federal agencies and 
states for removal actions and for federal trustees to initiate the 
assessment of natural resource damages; providing appropriate access to 
the OSLTF for claims; and coordinating cost recovery efforts.
    National Priorities List (NPL) means the list, compiled by EPA 
pursuant to CERCLA section 105, of uncontrolled hazardous substance 
releases in the United States that are priorities for long-term remedial 
evaluation and response.
    National response system (NRS) is the mechanism for coordinating 
response actions by all levels of government in support of the OSC/RPM. 
The NRS is composed of the NRT, RRTs, OSC/RPM, Area Committees, and 
Special Teams and related support entities. The NRS is capable of 
expanding or contracting to accommodate the response effort required by 
the size or complexity of the discharge or release.
    National Strike Force (NSF) is a special team established by the 
USCG, including the three USCG Strike Teams, the Public Information 
Assist Team (PIAT), and the National Strike Force Coordination Center. 
The NSF is available to assist OSCs/RPMs in their preparedness and 
response duties.
    National Strike Force Coordination Center (NSFCC), authorized as the 
National Response Unit by CWA sections 311(a)(23) and (j)(2), means the 
entity established by the Secretary of the department in which the USCG 
is operating at Elizabeth City, North Carolina with responsibilities 
that include administration of the USCG Strike Teams, maintenance of 
response equipment inventories and logistic networks, and conducting a 
national exercise program.
    Natural resources means land, fish, wildlife, biota, air, water, 
ground water, drinking water supplies, and other such resources 
belonging to, managed by, held in trust by, appertaining to, or 
otherwise controlled by the United States (including the resources of 
the exclusive economic zone defined by the Magnuson Fishery Conservation 
and Management Act of 1976), any state or local government, any foreign 
government, any Indian tribe, or, if such resources are subject to a 
trust restriction on alienation, any member of an Indian tribe.
    Navigable waters as defined by 40 CFR 110.1, means the waters of the 
United States, including the territorial seas. The term includes:
    (1) All waters that are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters

[[Page 13]]

that are subject to the ebb and flow of the tide;
    (2) Interstate waters, including interstate wetlands;
    (3) All other waters such as intrastate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, and wetlands, the 
use, degradation, or destruction of which would affect or could affect 
interstate or foreign commerce including any such waters;
    (i) That are or could be used by interstate or foreign travelers for 
recreational or other purposes;
    (ii) From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce;
    (iii) That are used or could be used for industrial purposes by 
industries in interstate commerce;
    (4) All impoundments of waters otherwise defined as navigable waters 
under this section;
    (5) Tributaries of waters identified in paragraphs (a) through (d) 
of this definition, including adjacent wetlands; and
    (6) Wetlands adjacent to waters identified in paragraphs (a) through 
(e) of this definition: Provided, that waste treatment systems (other 
than cooling ponds meeting the criteria of this paragraph) are not 
waters of the United States.
    (7) Waters of the United States do not include prior converted 
cropland. Notwithstanding the determination of an area's status as prior 
converted cropland by any other federal agency, for the purposes of the 
Clean Water Act, the final authority regarding Clean Water Act 
jurisdiction remains with EPA.
    Offshore facility as defined by section 101(17) of CERCLA and 
section 311(a)(11) of the CWA, means any facility of any kind located 
in, on, or under any of the navigable waters of the United States, and 
any facility of any kind which is subject to the jurisdiction of the 
United States and is located in, on, or under any other waters, other 
than a vessel or a public vessel.
    Oil as defined by section 311(a)(1) of the CWA, means oil of any 
kind or in any form, including, but not limited to, petroleum, fuel oil, 
sludge, oil refuse, and oil mixed with wastes other than dredged spoil. 
Oil, as defined by section 1001 of the OPA means oil of any kind or in 
any form, including, but not limited to, petroleum, fuel oil, sludge, 
oil refuse, and oil mixed with wastes other than dredged spoil, but does 
not include petroleum, including crude oil or any fraction thereof, 
which is specifically listed or designated as a hazardous substance 
under subparagraphs (A) through (F) of section 101(14) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601) and which is subject to the provisions of that Act.
    Oil Spill Liability Trust Fund (OSLTF) means the fund established 
under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 
9509).
    On-scene coordinator (OSC) means the federal official predesignated 
by EPA or the USCG to coordinate and direct responses under subpart D, 
or the government official designated by the lead agency to coordinate 
and direct removal actions under subpart E of the NCP.
    Onshore facility as defined by section 101(18) of CERCLA, means any 
facility (including, but not limited to, motor vehicles and rolling 
stock) of any kind located in, on, or under any land or non-navigable 
waters within the United States; and, as defined by section 311(a)(10) 
of the CWA, means any facility (including, but not limited to, motor 
vehicles and rolling stock) of any kind located in, on, or under any 
land within the United States other than submerged land.
    On-site means the areal extent of contamination and all suitable 
areas in very close proximity to the contamination necessary for 
implementation of the response action.
    Operable unit means a discrete action that comprises an incremental 
step toward comprehensively addressing site problems. This discrete 
portion of a remedial response manages migration, or eliminates or 
mitigates a release, threat of a release, or pathway of exposure. The 
cleanup of a site can be divided into a number of operable units, 
depending on the complexity of the problems associated with the site. 
Operable units may address geographical portions of a site, specific 
site problems, or initial phases of an action, or

[[Page 14]]

may consist of any set of actions performed over time or any actions 
that are concurrent but located in different parts of a site.
    Operation and maintenance (O&M) means measures required to maintain 
the effectiveness of response actions.
    Person as defined by section 101(21) of CERCLA, means an individual, 
firm, corporation, association, partnership, consortium, joint venture, 
commercial entity, United States government, state, municipality, 
commission, political subdivision of a state, or any interstate body. As 
defined by section 1001 of the OPA, ``person'' means an individual, 
corporation, partnership, association, state, municipality, commission, 
or political subdivision of a state, or any interstate body.
    Pollutant or contaminant as defined by section 101(33) of CERCLA, 
shall include, but not be limited to, any element, substance, compound, 
or mixture, including disease-causing agents, which after release into 
the environment and upon exposure, ingestion, inhalation, or 
assimilation into any organism, either directly from the environment or 
indirectly by ingestion through food chains, will or may reasonably be 
anticipated to cause death, disease, behavioral abnormalities, cancer, 
genetic mutation, physiological malfunctions (including malfunctions in 
reproduction) or physical deformations, in such organisms or their 
offspring. The term does not include petroleum, including crude oil or 
any fraction thereof which is not otherwise specifically listed or 
designated as a hazardous substance under section 101(14) (A) through 
(F) of CERCLA, nor does it include natural gas, liquified natural gas, 
or synthetic gas of pipeline quality (or mixtures of natural gas and 
such synthetic gas). For purposes of the NCP, the term pollutant or 
contaminant means any pollutant or contaminant that may present an 
imminent and substantial danger to public health or welfare of the 
United States.
    Post-removal site control means those activities that are necessary 
to sustain the integrity of a Fund-financed removal action following its 
conclusion. Post-removal site control may be a removal or remedial 
action under CERCLA. The term includes, without being limited to, 
activities such as relighting gas flares, replacing filters, and 
collecting leachate.
    Preliminary assessment (PA) under CERCLA means review of existing 
information and an off-site reconnaissance, if appropriate, to determine 
if a release may require additional investigation or action. A PA may 
include an on-site reconnaissance, if appropriate.
    Public participation, see the definition for community relations.
    Public vessel as defined by section 311(a)(4) of the CWA, means a 
vessel owned or bareboat-chartered and operated by the United States, or 
by a state or political subdivision thereof, or by a foreign nation, 
except when such vessel is engaged in commerce.
    Quality assurance project plan (QAPP) is a written document, 
associated with all remedial site sampling activities, which presents in 
specific terms the organization (where applicable), objectives, 
functional activities, and specific quality assurance (QA) and quality 
control (QC) activities designed to achieve the data quality objectives 
of a specific project(s) or continuing operation(s). The QAPP is 
prepared for each specific project or continuing operation (or group of 
similar projects or continuing operations). The QAPP will be prepared by 
the responsible program office, regional office, laboratory, contractor, 
recipient of an assistance agreement, or other organization. For an 
enforcement action, potentially responsible parties may prepare a QAPP 
subject to lead agency approval.
    Release as defined by section 101(22) of CERCLA, means any spilling, 
leaking, pumping, pouring, emitting, emptying, discharging, injecting, 
escaping, leaching, dumping, or disposing into the environment 
(including the abandonment or discarding of barrels, containers, and 
other closed receptacles containing any hazardous substance or pollutant 
or contaminant), but excludes: Any release which results in exposure to 
persons solely within a workplace, with respect to a claim which such 
persons may assert against the employer of such persons; emissions from 
the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, 
or pipeline pumping station engine; release of

[[Page 15]]

source, byproduct, or special nuclear material from a nuclear incident, 
as those terms are defined in the Atomic Energy Act of 1954, if such 
release is subject to requirements with respect to financial protection 
established by the Nuclear Regulatory Commission under section 170 of 
such Act, or, for the purposes of section 104 of CERCLA or any other 
response action, any release of source, byproduct, or special nuclear 
material from any processing site designated under section 102(a)(1) or 
302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 
U.S.C. 7901 et seq.); and the normal application of fertilizer. For 
purposes of the NCP, release also means threat of release.
    Relevant and appropriate requirements means those cleanup standards, 
standards of control, and other substantive requirements, criteria, or 
limitations promulgated under federal environmental or state 
environmental or facility siting laws that, while not ``applicable'' to 
a hazardous substance, pollutant, contaminant, remedial action, 
location, or other circumstance at a CERCLA site, address problems or 
situations sufficiently similar to those encountered at the CERCLA site 
that their use is well suited to the particular site. Only those state 
standards that are identified in a timely manner and are more stringent 
than federal requirements may be relevant and appropriate.
    Remedial design (RD) means the technical analysis and procedures 
which follow the selection of remedy for a site and result in a detailed 
set of plans and specifications for implementation of the remedial 
action.
    Remedial investigation (RI) is a process undertaken by the lead 
agency to determine the nature and extent of the problem presented by 
the release. The RI emphasizes data collection and site 
characterization, and is generally performed concurrently and in an 
interactive fashion with the feasibility study. The RI includes sampling 
and monitoring, as necessary, and includes the gathering of sufficient 
information to determine the necessity for remedial action and to 
support the evaluation of remedial alternatives.
    Remedial project manager (RPM) means the official designated by the 
lead agency to coordinate, monitor, or direct remedial or other response 
actions under subpart E of the NCP.
    Remedy or remedial action (RA) means those actions consistent with 
permanent remedy taken instead of, or in addition to, removal action in 
the event of a release or threatened release of a hazardous substance 
into the environment, to prevent or minimize the release of hazardous 
substances so that they do not migrate to cause substantial danger to 
present or future public health or welfare or the environment. The term 
includes, but is not limited to, such actions at the location of the 
release as storage, confinement, perimeter protection using dikes, 
trenches, or ditches, clay cover, neutralization, cleanup of released 
hazardous substances and associated contaminated materials, recycling or 
reuse, diversion, destruction, segregation of reactive wastes, dredging 
or excavations, repair or replacement of leaking containers, collection 
of leachate and runoff, on-site treatment or incineration, provision of 
alternative water supplies, any monitoring reasonably required to assure 
that such actions protect the public health and welfare and the 
environment and, where appropriate, post-removal site control 
activities. The term includes the costs of permanent relocation of 
residents and businesses and community facilities (including the cost of 
providing ``alternative land of equivalent value'' to an Indian tribe 
pursuant to CERCLA section 126(b)) where EPA determines that, alone or 
in combination with other measures, such relocation is more cost-
effective than, and environmentally preferable to, the transportation, 
storage, treatment, destruction, or secure disposition off-site of such 
hazardous substances, or may otherwise be necessary to protect the 
public health or welfare; the term includes off-site transport and off-
site storage, treatment, destruction, or secure disposition of hazardous 
substances and associated contaminated materials. For the purpose of the 
NCP, the term also includes enforcement activities related thereto.
    Remove or removal as defined by section 311(a)(8) of the CWA, refers 
to containment and removal of oil or hazardous substances from the water 
and

[[Page 16]]

shorelines or the taking of such other actions as may be necessary to 
minimize or mitigate damage to the public health or welfare of the 
United States (including, but not limited to, fish, shellfish, wildlife, 
public and private property, and shorelines and beaches) or to the 
environment. For the purpose of the NCP, the term also includes 
monitoring of action to remove a discharge. As defined by section 
101(23) of CERCLA, remove or removal means the cleanup or removal of 
released hazardous substances from the environment; such actions as may 
be necessary taken in the event of the threat of release of hazardous 
substances into the environment; such actions as may be necessary to 
monitor, assess, and evaluate the release or threat of release of 
hazardous substances; the disposal of removed material; or the taking of 
such other actions as may be necessary to prevent, minimize, or mitigate 
damage to the public health or welfare of the United States or to the 
environment, which may otherwise result from a release or threat of 
release. The term includes, in addition, without being limited to, 
security fencing or other measures to limit access, provision of 
alternative water supplies, temporary evacuation and housing of 
threatened individuals not otherwise provided for, action taken under 
section 104(b) of CERCLA, post-removal site control, where appropriate, 
and any emergency assistance which may be provided under the Disaster 
Relief Act of 1974. For the purpose of the NCP, the term also includes 
enforcement activities related thereto.
    Removal costs as defined by section 1001 of the OPA means the costs 
of removal that are incurred after a discharge of oil has occurred, or 
in any case in which there is a substantial threat of a discharge of 
oil, the costs to prevent, minimize, or mitigate oil pollution from such 
an incident.
    Respond or response as defined by section 101(25) of CERCLA, means 
remove, removal, remedy, or remedial action, including enforcement 
activities related thereto.
    Responsible party as defined by section 1001 of the OPA, means the 
following:
    (1) Vessels--In the case of a vessel, any person owning, operating, 
or demise chartering the vessel.
    (2) Onshore Facilities--In the case of an onshore facility (other 
than a pipeline), any person owning or operating the facility, except a 
federal agency, state, municipality, commission, or political 
subdivision of a state, or any interstate body, that as the owner 
transfers possession and right to use the property to another person by 
lease, assignment, or permit.
    (3) Offshore Facilities--In the case of an offshore facility (other 
than a pipeline or a deepwater port licensed under the Deepwater Port 
Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the 
area in which the facility is located or the holder of a right of use 
and easement granted under applicable state law or the Outer Continental 
Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility 
is located (if the holder is a different person than the lessee or 
permittee), except a federal agency, state, municipality, commission, or 
political subdivision of a state, or any interstate body, that as owner 
transfers possession and right to use the property to another person by 
lease, assignment, or permit.
    (4) Deepwater Ports--In the case of a deepwater port licensed under 
the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the licensee.
    (5) Pipelines--In the case of a pipeline, any person owning or 
operating the pipeline.
    (6) Abandonment--In the case of an abandoned vessel, onshore 
facility, deepwater port, pipeline, or offshore facility, the person who 
would have been responsible parties immediately prior to the abandonment 
of the vessel or facility.
    SARA is the Superfund Amendments and Reauthorization Act of 1986. In 
addition to certain free-standing provisions of law, it includes 
amendments to CERCLA, the Solid Waste Disposal Act, and the Internal 
Revenue Code. Among the free-standing provisions of law is Title III of 
SARA, also known as the ``Emergency Planning and Community Right-to-Know 
Act of 1986'' and Title IV of SARA, also known as the ``Radon Gas and 
Indoor Air Quality Research Act of 1986.'' Title V of SARA

[[Page 17]]

amending the Internal Revenue Code is also known as the ``Superfund 
Revenue Act of 1986.''
    Sinking agents means those additives applied to oil discharges to 
sink floating pollutants below the water surface.
    Site inspection (SI) means an on-site investigation to determine 
whether there is a release or potential release and the nature of the 
associated threats. The purpose is to augment the data collected in the 
preliminary assessment and to generate, if necessary, sampling and other 
field data to determine if further action or investigation is 
appropriate.
    Size classes of discharges refers to the following size classes of 
oil discharges which are provided as guidance to the OSC and serve as 
the criteria for the actions delineated in subpart D. They are not meant 
to imply associated degrees of hazard to public health or welfare of the 
United States, nor are they a measure of environmental injury. Any oil 
discharge that poses a substantial threat to public health or welfare of 
the United States or the environment or results in significant public 
concern shall be classified as a major discharge regardless of the 
following quantitative measures:
    (1) Minor discharge means a discharge to the inland waters of less 
than 1,000 gallons of oil or a discharge to the coastal waters of less 
than 10,000 gallons of oil.
    (2) Medium discharge means a discharge of 1,000 to 10,000 gallons of 
oil to the inland waters or a discharge of 10,000 to 100,000 gallons of 
oil to the coastal waters.
    (3) Major discharge means a discharge of more than 10,000 gallons of 
oil to the inland waters or more than 100,000 gallons of oil to the 
coastal waters.
    Size classes of releases refers to the following size 
classifications which are provided as guidance to the OSC for meeting 
pollution reporting requirements in subpart B. The final determination 
of the appropriate classification of a release will be made by the OSC 
based on consideration of the particular release (e.g., size, location, 
impact, etc.):
    (1) Minor release means a release of a quantity of hazardous 
substance(s), pollutant(s), or contaminant(s) that poses minimal threat 
to public health or welfare of the United States or the environment.
    (2) Medium release means a release not meeting the criteria for 
classification as a minor or major release.
    (3) Major release means a release of any quantity of hazardous 
substance(s), pollutant(s), or contaminant(s) that poses a substantial 
threat to public health or welfare of the United States or the 
environment or results in significant public concern.
    Sorbents means essentially inert and insoluble materials that are 
used to remove oil and hazardous substances from water through 
adsorption, in which the oil or hazardous substance is attracted to the 
sorbent surface and then adheres to it; absorption, in which the oil or 
hazardous substance penetrates the pores of the sorbent material; or a 
combination of the two. Sorbents are generally manufactured in 
particulate form for spreading over an oil slick or as sheets, rolls, 
pillows, or booms. The sorbent material may consist of, but is not 
limited to, the following materials:
    (1) Organic products--
    (i) Peat moss or straw;
    (ii) Cellulose fibers or cork;
    (iii) Corn cobs;
    (iv) Chicken, duck, or other bird feathers.
    (2) Mineral compounds--
    (i) Volcanic ash or perlite;
    (ii) Vermiculite or zeolite.
    (3) Synthetic products--
    (i) Polypropylene;
    (ii) Polyethylene;
    (iii) Polyurethane;
    (iv) Polyester.
    Source control action is the construction or installation and start-
up of those actions necessary to prevent the continued release of 
hazardous substances or pollutants or contaminants (primarily from a 
source on top of or within the ground, or in buildings or other 
structures) into the environment.
    Source control maintenance measures are those measures intended to 
maintain the effectiveness of source control actions once such actions 
are operating and functioning properly, such as the

[[Page 18]]

maintenance of landfill caps and leachate collection systems.
    Specified ports and harbors means those ports and harbor areas on 
inland rivers, and land areas immediately adjacent to those waters, 
where the USCG acts as predesignated on-scene coordinator. Precise 
locations are determined by EPA/USCG regional agreements and identified 
in federal Regional Contingency Plans and Area Contingency Plans.
    Spill of national significance (SONS) means a spill that due to its 
severity, size, location, actual or potential impact on the public 
health and welfare or the environment, or the necessary response effort, 
is so complex that it requires extraordinary coordination of federal, 
state, local, and responsible party resources to contain and clean up 
the discharge.
    State means the several states of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
U.S. Virgin Islands, the Commonwealth of the Northern Marianas, and any 
other territory or possession over which the United States has 
jurisdiction. For purposes of the NCP, the term includes Indian tribes 
as defined in the NCP except where specifically noted. Section 126 of 
CERCLA provides that the governing body of an Indian tribe shall be 
afforded substantially the same treatment as a state with respect to 
certain provisions of CERCLA. Section 300.515(b) of the NCP describes 
the requirements pertaining to Indian tribes that wish to be treated as 
states under CERCLA.
    Superfund Memorandum of Agreement (SMOA) means a nonbinding, written 
document executed by an EPA Regional Administrator and the head of a 
state agency that may establish the nature and extent of EPA and state 
interaction during the removal, pre-remedial, remedial, and/or 
enforcement response process. The SMOA is not a site-specific document 
although attachments may address specific sites. The SMOA generally 
defines the role and responsibilities of both the lead and the support 
agencies.
    Superfund state contract is a joint, legally binding agreement 
between EPA and a state to obtain the necessary assurances before a 
federal-lead remedial action can begin at a site. In the case of a 
political subdivision-lead remedial response, a three-party Superfund 
state contract among EPA, the state, and political subdivision thereof, 
is required before a political subdivision takes the lead for any phase 
of remedial response to ensure state involvement pursuant to section 
121(f)(1) of CERCLA. The Superfund state contract may be amended to 
provide the state's CERCLA section 104 assurances before a political 
subdivision can take the lead for remedial action.
    Support agency means the agency or agencies that provide the support 
agency coordinator to furnish necessary data to the lead agency, review 
response data and documents, and provide other assistance as requested 
by the OSC or RPM. EPA, the USCG, another federal agency, or a state may 
be support agencies for a response action if operating pursuant to a 
contract executed under section 104(d)(1) of CERCLA or designated 
pursuant to a Superfund Memorandum of Agreement entered into pursuant to 
subpart F of the NCP or other agreement. The support agency may also 
concur on decision documents.
    Support agency coordinator (SAC) means the official designated by 
the support agency, as appropriate, to interact and coordinate with the 
lead agency in response actions under subpart E of this part.
    Surface collecting agents means those chemical agents that form a 
surface film to control the layer thickness of oil.
    Surface washing agent is any product that removes oil from solid 
surfaces, such as beaches and rocks, through a detergency mechanism and 
does not involve dispersing or solubilizing the oil into the water 
column.
    Tank vessel as defined by section 1001 of the OPA means a vessel 
that is constructed or adapted to carry, or that carries oil or 
hazardous material in bulk as cargo or cargo residue, and that:
    (1) is a vessel of the United States;
    (2) operates on the navigable waters; or

[[Page 19]]

    (3) transfers oil or hazardous material in a place subject to the 
jurisdiction of the United States.
    Threat of discharge or release, see definitions for discharge and 
release.
    Threat of release, see definition for release.
    Treatment technology means any unit operation or series of unit 
operations that alters the composition of a hazardous substance or 
pollutant or contaminant through chemical, biological, or physical means 
so as to reduce toxicity, mobility, or volume of the contaminated 
materials being treated. Treatment technologies are an alternative to 
land disposal of hazardous wastes without treatment.
    Trustee means an official of a federal natural resources management 
agency designated in subpart G of the NCP or a designated state official 
or Indian tribe or, in the case of discharges covered by the OPA, a 
foreign government official, who may pursue claims for damages under 
section 107(f) of CERCLA or section 1006 of the OPA.
    United States when used in relation to section 311(a)(5) of the CWA, 
means the states, the District of Columbia, the Commonwealth of Puerto 
Rico, the Northern Mariana Islands, Guam, American Samoa, the United 
States Virgin Islands, and the Pacific Island Governments. United 
States, when used in relation to section 101(27) of CERCLA and section 
1001(36) of the OPA, includes the several states of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, the Commonwealth of 
the Northern Marianas, and any other territory or possession over which 
the United States has jurisdiction.
    Vessel as defined by section 101(28) of CERCLA, means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water; and, as 
defined by section 311(a)(3) of the CWA, means every description of 
watercraft or other artificial contrivance used, or capable of being 
used, as a means of transportation on water other than a public vessel.
    Volunteer means any individual accepted to perform services by the 
lead agency which has authority to accept volunteer services (examples: 
See 16 U.S.C. 742f(c)). A volunteer is subject to the provisions of the 
authorizing statute and the NCP.
    Worst case discharge as defined by section 311(a)(24) of the CWA, 
means, in the case of a vessel, a discharge in adverse weather 
conditions of its entire cargo, and, in the case of an offshore facility 
or onshore facility, the largest foreseeable discharge in adverse 
weather conditions.

59 FR 47416, Sept. 15, 1994, as amended at 60 FR 16054, March 29, 1995]



Sec. 300.6  Use of number and gender.

    As used in this regulation, words in the singular also include the 
plural and words in the masculine gender also include the feminine and 
vice versa, as the case may require.



Sec. 300.7  Computation of time.

    In computing any period of time prescribed or allowed in these rules 
of practice, except as otherwise provided, the day of the event from 
which the designated period begins to run shall not be included. 
Saturdays, Sundays, and federal legal holidays shall be included. When a 
stated time expires on a Saturday, Sunday, or legal holiday, the stated 
time period shall be extended to include the next business day.



         Subpart B_Responsibility and Organization for Response

    Source: 59 FR 47424, Sept. 15, 1994, unless otherwise noted.



Sec. 300.100  Duties of President delegated to federal agencies.

    In Executive Orders 12580 and 12777, the President delegated certain 
functions and responsibilities vested in him by the CWA, CERCLA, and the 
OPA.



Sec. 300.105  General organization concepts.

    (a) Federal agencies should:
    (1) Plan for emergencies and develop procedures for addressing oil 
discharges and releases of hazardous substances, pollutants, or 
contaminants;

[[Page 20]]

    (2) Coordinate their planning, preparedness, and response activities 
with one another;
    (3) Coordinate their planning, preparedness, and response activities 
with affected states, local governments, and private entities; and
    (4) Make available those facilities or resources that may be useful 
in a response situation, consistent with agency authorities and 
capabilities.
    (b) Three fundamental kinds of activities are performed pursuant to 
the NCP:
    (1) Preparedness planning and coordination for response to a 
discharge of oil or release of a hazardous substance, pollutant, or 
contaminant;
    (2) Notification and communications; and
    (3) Response operations at the scene of a discharge or release.
    (c) The organizational elements created to perform these activities 
are:
    (1) The NRT, responsible for national response and preparedness 
planning, for coordinating regional planning, and for providing policy 
guidance and support to the Regional Response Teams (RRTs). NRT 
membership consists of representatives from the agencies specified in 
Sec. 300.175(b).
    (2) RRTs, responsible for regional planning and preparedness 
activities before response actions, and for providing advice and support 
to the OSC or RPM when activated during a response. RRT membership 
consists of designated representatives from each federal agency 
participating in the NRT together with state and (as agreed upon by the 
states) local government representatives.
    (3) The OSC and the RPM, primarily responsible for directing 
response efforts and coordinating all other efforts at the scene of a 
discharge or release. The other responsibilities of OSCs and RPMs are 
described in Sec. 300.135.
    (4) Area Committees, responsible for developing, under direction of 
the OSC, ACPs for each area designated by the President. 
Responsibilities of Area Committees are described in Sec. 300.205(c).
    (d) The basic framework for the response management structure is a 
system (e.g., a unified command system) that brings together the 
functions of the Federal Government, the state government, and the 
responsible party to achieve an effective and efficient response, where 
the OSC maintains authority.
    (e)(1) The organizational concepts of the national response system 
are depicted in the following Figures 1a and 1b:

[[Page 21]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.000


[[Page 22]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.001


[[Page 23]]


    (2) The standard federal regional boundaries (which are also the 
geographic areas of responsibility for the RRTs) are shown in the 
following Figure 2:
[GRAPHIC] [TIFF OMITTED] TC02AU92.002


[[Page 24]]


    (3) The USCG District boundaries are shown in the following Figure 
3:
[GRAPHIC] [TIFF OMITTED] TC02AU92.003



Sec. 300.110  National Response Team.

    National planning and coordination is accomplished through the NRT.
    (a) The NRT consists of representatives from the agencies named in 
Sec. 300.175(b). Each agency shall designate a member to the team and 
sufficient

[[Page 25]]

alternates to ensure representation, as agency resources permit. The NRT 
will consider requests for membership on the NRT from other agencies. 
Other agencies may request membership by forwarding such requests to the 
chair of the NRT.
    (b) The chair of the NRT shall be the representative of EPA and the 
vice chair shall be the representative of the USCG, with the exception 
of periods of activation because of response action. During activation, 
the chair shall be the member agency providing the OSC/RPM. The vice 
chair shall maintain records of NRT activities along with national, 
regional, and area plans for response actions.
    (c) While the NRT desires to achieve a consensus on all matters 
brought before it, certain matters may prove unresolvable by this means. 
In such cases, each agency serving as a participating agency on the NRT 
may be accorded one vote in NRT proceedings.
    (d) The NRT may establish such bylaws and committees as it deems 
appropriate to further the purposes for which it is established.
    (e) The NRT shall evaluate methods of responding to discharges or 
releases; shall recommend any changes needed in the response 
organization; and shall recommend to the Administrator of EPA changes to 
the NCP designed to improve the effectiveness of the national response 
system, including drafting of regulatory language.
    (f) The NRT shall provide policy and program direction to the RRTs.
    (g) The NRT may consider and make recommendations to appropriate 
agencies on the training, equipping, and protection of response teams 
and necessary research, development, demonstration, and evaluation to 
improve response capabilities.
    (h) Direct planning and preparedness responsibilities of the NRT 
include:
    (1) Maintaining national preparedness to respond to a major 
discharge of oil or release of a hazardous substance, pollutant, or 
contaminant that is beyond regional capabilities;
    (2) Publishing guidance documents for preparation and implementation 
of SARA Title III local emergency response plans;
    (3) Monitoring incoming reports from all RRTs and activating for a 
response action, when necessary;
    (4) Coordinating a national program to assist member agencies in 
preparedness planning and response, and enhancing coordination of member 
agency preparedness programs;
    (5) Developing procedures, in coordination with the NSFCC, as 
appropriate, to ensure the coordination of federal, state, and local 
governments, and private response to oil discharges and releases of 
hazardous substances, pollutants, or contaminants;
    (6) Monitoring response-related research and development, testing, 
and evaluation activities of NRT agencies to enhance coordination, avoid 
duplication of effort, and facilitate research in support of response 
activities;
    (7) Developing recommendations for response training and for 
enhancing the coordination of available resources among agencies with 
training responsibilities under the NCP;
    (8) Reviewing regional responses to oil discharges and hazardous 
substance, pollutant, or contaminant releases, including an evaluation 
of equipment readiness and coordination among responsible public 
agencies and private organizations; and
    (9) Assisting in developing a national exercise program, in 
coordination with the NSFCC, to ensure preparedness and coordination 
nationwide.
    (i) The NRT will consider matters referred to it for advice or 
resolution by an RRT.
    (j) The NRT should be activated as an emergency response team:
    (1) When an oil discharge or hazardous substance release:
    (i) Exceeds the response capability of the region in which it 
occurs;
    (ii) Transects regional boundaries; or
    (iii) Involves a substantial threat to the public health or welfare 
of the United States or the environment, substantial amounts of 
property, or substantial threats to natural resources;
    (2) If requested by any NRT member.
    (k) When activated for a response action, the NRT shall meet at the 
call of the chair and may:
    (1) Monitor and evaluate reports from the OSC/RPM and recommend to 
the

[[Page 26]]

OSC/RPM, through the RRT, actions to combat the discharge or release;
    (2) Request other federal, state, and local governments, or private 
agencies, to provide resources under their existing authorities to 
combat a discharge or release, or to monitor response operations; and
    (3) Coordinate the supply of equipment, personnel, or technical 
advice to the affected region from other regions or districts.



Sec. 300.115  Regional Response Teams.

    (a) Regional planning and coordination of preparedness and response 
actions is accomplished through the RRT. In the case of a discharge of 
oil, preparedness activities will be carried out in conjunction with 
Area Committees, as appropriate. The RRT agency membership parallels 
that of the NRT, as described in Sec. 300.110, but also includes state 
and local representation. The RRT provides:
    (1) The appropriate regional mechanism for development and 
coordination of preparedness activities before a response action is 
taken and for coordination of assistance and advice to the OSC/RPM 
during such response actions; and
    (2) Guidance to Area Committees, as appropriate, to ensure inter-
area consistency and consistency of individual ACPs with the RCP and 
NCP.
    (b) The two principal components of the RRT mechanism are a standing 
team, which consists of designated representatives from each 
participating federal agency, state governments, and local governments 
(as agreed upon by the states); and incident-specific teams formed from 
the standing team when the RRT is activated for a response. On incident-
specific teams, participation by the RRT member agencies will relate to 
the technical nature of the incident and its geographic location.
    (1) The standing team's jurisdiction corresponds to the standard 
federal regions, except for Alaska, Oceania in the Pacific, and the 
Caribbean area, each of which has a separate standing RRT. The role of 
the standing RRT includes communications systems and procedures, 
planning, coordination, training, evaluation, preparedness, and related 
matters on a regionwide basis. It also includes coordination of Area 
Committees for these functions in areas within their respective regions, 
as appropriate.
    (2) The role of the incident-specific team is determined by the 
operational requirements of the response to a specific discharge or 
release. Appropriate levels of activation and/or notification of the 
incident-specific RRT, including participation by state and local 
governments, shall be determined by the designated RRT chair for the 
incident, based on the RCP. The incident-specific RRT supports the 
designated OSC/RPM. The designated OSC/RPM directs response efforts and 
coordinates all other efforts at the scene of a discharge or release.
    (c) The representatives of EPA and the USCG shall act as co-chairs 
of RRTs except when the RRT is activated. When the RRT is activated for 
response actions, the chair shall be the member agency providing the 
OSC/RPM.
    (d) Each participating agency should designate one member and at 
least one alternate member to the RRT. Agencies whose regional 
subdivisions do not correspond to the standard federal regions may 
designate additional representatives to the standing RRT to ensure 
appropriate coverage of the standard federal region. Participating 
states may also designate one member and at least one alternate member 
to the RRT. Indian tribal governments may arrange for representation 
with the RRT appropriate to their geographical location. All agencies 
and states may also provide additional representatives as observers to 
meetings of the RRT.
    (e) RRT members should designate representatives and alternates from 
their agencies as resource personnel for RRT activities, including RRT 
work planning, and membership on incident-specific teams in support of 
the OSCs/RPMs.
    (f) Federal RRT members or their representatives should provide 
OSCs/RPMs with assistance from their respective federal agencies 
commensurate with agency responsibilities, resources, and capabilities 
within the region. During a response action, the members of the RRT 
should seek to

[[Page 27]]

make available the resources of their agencies to the OSC/RPM as 
specified in the RCP and ACP.
    (g) RRT members should nominate appropriately qualified 
representatives from their agencies to work with OSCs in developing and 
maintaining ACPs.
    (h) Affected states are encouraged to participate actively in all 
RRT activities. Each state governor is requested to assign an office or 
agency to represent the state on the appropriate RRT; to designate 
representatives to work with the RRT in developing RCPs; to plan for, 
make available, and coordinate state resources; and to serve as the 
contact point for coordination of response with local government 
agencies, whether or not represented on the RRT. The state's RRT 
representative should keep the State Emergency Response Commission 
(SERC), described in Sec. 300.205(d), apprised of RRT activities and 
coordinate RRT activities with the SERC. Local governments are invited 
to participate in activities on the appropriate RRT as provided by state 
law or as arranged by the state's representative. Indian tribes are also 
invited to participate in such activities.
    (i) The standing RRT shall recommend changes in the regional 
response organization as needed, revise the RCP as needed, evaluate the 
preparedness of the participating agencies and the effectiveness of ACPs 
for the federal response to discharges and releases, and provide 
technical assistance for preparedness to the response community. The RRT 
should:
    (1) Review and comment, to the extent practicable, on local 
emergency response plans or other issues related to the preparation, 
implementation, or exercise of such plans upon request of a local 
emergency planning committee;
    (2) Evaluate regional and local responses to discharges or releases 
on a continuing basis, considering available legal remedies, equipment 
readiness, and coordination among responsible public agencies and 
private organizations, and recommend improvements;
    (3) Recommend revisions of the NCP to the NRT, based on observations 
of response operations;
    (4) Review OSC actions to ensure that RCPs and ACPs are effective;
    (5) Encourage the state and local response community to improve its 
preparedness for response;
    (6) In coordination with Area Committees and in accordance with any 
applicable laws, regulations, or requirements, conduct advance planning 
for use of dispersants, surface washing agents, surface collecting 
agents, burning agents, bioremediation agents, or other chemical agents 
in accordance with subpart J of this part;
    (7) Be prepared to provide response resources to major discharges or 
releases outside the region;
    (8) Conduct or participate in training and exercises as necessary to 
encourage preparedness activities of the response community within the 
region;
    (9) Meet at least semiannually to review response actions carried 
out during the preceding period, consider changes in RCPs, and recommend 
changes in ACPs;
    (10) Provide letter reports on RRT activities to the NRT twice a 
year, no later than January 31 and July 31. At a minimum, reports should 
summarize recent activities, organizational changes, operational 
concerns, and efforts to improve state and local coordination; and
    (11) Ensure maximum participation in the national exercise program 
for announced and unannounced exercises.
    (j)(1) The RRT may be activated by the chair as an incident-specific 
response team when a discharge or release:
    (i) Exceeds the response capability available to the OSC/RPM in the 
place where it occurs;
    (ii) Transects state boundaries;
    (iii) May pose a substantial threat to the public health or welfare 
of the United States or the environment, or to regionally significant 
amounts of property; or
    (iv) Is a worst case discharge, as described in Sec. 300.324. RCPs 
shall specify detailed criteria for activation of RRTs.
    (2) The RRT will be activated during any discharge or release upon a 
request from the OSC/RPM, or from any RRT representative, to the chair 
of the RRT. Requests for RRT activation shall later be confirmed in 
writing. Each representative, or an appropriate

[[Page 28]]

alternate, should be notified immediately when the RRT is activated.
    (3) During prolonged removal or remedial action, the RRT may not 
need to be activated or may need to be activated only in a limited 
sense, or may need to have available only those member agencies of the 
RRT who are directly affected or who can provide direct response 
assistance.
    (4) When the RRT is activated for a discharge or release, agency 
representatives shall meet at the call of the chair and may:
    (i) Monitor and evaluate reports from the OSC/RPM, advise the OSC/
RPM on the duration and extent of response, and recommend to the OSC/RPM 
specific actions to respond to the discharge or release;
    (ii) Request other federal, state, or local governments, or private 
agencies, to provide resources under their existing authorities to 
respond to a discharge or release or to monitor response operations;
    (iii) Help the OSC/RPM prepare information releases for the public 
and for communication with the NRT;
    (iv) If the circumstances warrant, make recommendations to the 
regional or district head of the agency providing the OSC/RPM that a 
different OSC/RPM should be designated; and
    (v) Submit pollution reports to the NRC as significant developments 
occur.
    (5) At the regional level, a Regional Response Center (RRC) may 
provide facilities and personnel for communications, information 
storage, and other requirements for coordinating response. The location 
of each RRC should be provided in the RCP.
    (6) When the RRT is activated, affected states may participate in 
all RRT deliberations. State government representatives participating in 
the RRT have the same status as any federal member of the RRT.
    (7) The RRT can be deactivated when the incident-specific RRT chair 
determines that the OSC/RPM no longer requires RRT assistance.
    (8) Notification of the RRT may be appropriate when full activation 
is not necessary, with systematic communication of pollution reports or 
other means to keep RRT members informed as to actions of potential 
concern to a particular agency, or to assist in later RRT evaluation of 
regionwide response effectiveness.
    (k) Whenever there is insufficient national policy guidance on a 
matter before the RRT, a technical matter requiring solution, a question 
concerning interpretation of the NCP, or a disagreement on discretionary 
actions among RRT members that cannot be resolved at the regional level, 
it may be referred to the NRT, described in Sec. 300.110, for advice.



Sec. 300.120  On-scene coordinators and remedial project managers: 
general responsibilities.

    (a) The OSC/RPM directs response efforts and coordinates all other 
efforts at the scene of a discharge or release. As part of the planning 
and preparedness for response, OSCs shall be predesignated by the 
regional or district head of the lead agency. EPA and the USCG shall 
predesignate OSCs for all areas in each region, except as provided in 
paragraphs (c) and (d) of this section. RPMs shall be assigned by the 
lead agency to manage remedial or other response actions at NPL sites, 
except as provided in paragraphs (c) and (d) of this section.
    (1) The USCG shall provide OSCs for oil discharges, including 
discharges from facilities and vessels under the jurisdiction of another 
federal agency, within or threatening the coastal zone. The USCG shall 
also provide OSCs for the removal of releases of hazardous substances, 
pollutants, or contaminants into or threatening the coastal zone, except 
as provided in paragraph (b) of this section. The USCG shall not provide 
predesignated OSCs for discharges or releases from hazardous waste 
management facilities or in similarly chronic incidents. The USCG shall 
provide an initial response to discharges or releases from hazardous 
waste management facilities within the coastal zone in accordance with 
Department of Transportation (DOT)/EPA Instrument of Redelegation (May 
27, 1988) except as provided by paragraph (b) of this section. The USCG 
OSC shall contact the cognizant RPM as soon as it is evident that a 
removal may require a follow-up remedial action, to ensure that the 
required planning can

[[Page 29]]

be initiated and an orderly transition to an EPA or state lead can 
occur.
    (2) EPA shall provide OSCs for discharges or releases into or 
threatening the inland zone and shall provide RPMs for federally funded 
remedial actions, except in the case of state-lead federally funded 
response and as provided in paragraph (b) of this section. EPA will also 
assume all remedial actions at NPL sites in the coastal zone, even where 
removals are initiated by the USCG, except as provided in paragraph (b) 
of this section.
    (b) In general, USCG Captains of the Port (COTP) shall serve as the 
designated OSCs for areas in the coastal zone for which an ACP is 
required under CWA section 311(j) and EPA Regional Administrators shall 
designate OSCs for areas in the inland zone for which an ACP is required 
under CWA section 311(j).
    (c) For releases of hazardous substances, pollutants, or 
contaminants, when the release is on, or the sole source of the release 
is from, any facility or vessel, including vessels bareboat-chartered 
and operated, under the jurisdiction, custody, or control of DOD, DOE, 
or other federal agency:
    (1) In the case of DOD or DOE, DOD or DOE shall provide OSCs/RPMs 
responsible for taking all response actions; and
    (2) In the case of a federal agency other than EPA, DOD, or DOE, 
such agency shall provide OSCs for all removal actions that are not 
emergencies and shall provide RPMs for all remedial actions.
    (d) DOD will be the removal response authority with respect to 
incidents involving DOD military weapons and munitions or weapons and 
munitions under the jurisdiction, custody, or control of DOD.
    (e) The OSC is responsible for overseeing development of the ACP in 
the area of the OSC's responsibility. ACPs shall, as appropriate, be 
accomplished in cooperation with the RRT, and designated state and local 
representatives. In contingency planning and removal, the OSC 
coordinates, directs, and reviews the work of other agencies, Area 
Committees, responsible parties, and contractors to assure compliance 
with the NCP, decision document, consent decree, administrative order, 
and lead agency-approved plans applicable to the response.
    (f) The RPM is the prime contact for remedial or other response 
actions being taken (or needed) at sites on the proposed or promulgated 
NPL, and for sites not on the NPL but under the jurisdiction, custody, 
or control of a federal agency. The RPM's responsibilities include:
    (1) Fund-financed response: The RPM coordinates, directs, and 
reviews the work of EPA, states and local governments, the U.S. Army 
Corps of Engineers, and all other agencies and contractors to assure 
compliance with the NCP. Based upon the reports of these parties, the 
RPM recommends action for decisions by lead agency officials. The RPM's 
period of responsibility begins prior to initiation of the remedial 
investigation/feasibility study (RI/FS), described in Sec. 300.430, and 
continues through design, remedial action, deletion of the site from the 
NPL, and the CERCLA cost recovery activity. When a removal and remedial 
action occur at the same site, the OSC and RPM should coordinate to 
ensure an orderly transition of responsibility.
    (2) Federal-lead non-Fund-financed response: The RPM coordinates, 
directs, and reviews the work of other agencies, responsible parties, 
and contractors to assure compliance with the NCP, Record of Decision 
(ROD), consent decree, administrative order, and lead agency-approved 
plans applicable to the response. Based upon the reports of these 
parties, the RPM shall recommend action for decisions by lead agency 
officials. The RPM's period of responsibility begins prior to initiation 
of the RI/FS, described in Sec. 300.430, and continues through design 
and remedial action and the CERCLA cost recovery activity. The OSC and 
RPM shall ensure orderly transition of responsibilities from one to the 
other.
    (3) The RPM shall participate in all decision-making processes 
necessary to ensure compliance with the NCP, including, as appropriate, 
agreements between EPA or other federal agencies and the state. The RPM 
may also review responses where EPA has preauthorized a person to file a 
claim for reimbursement to determine that

[[Page 30]]

the response was consistent with the terms of such preauthorization in 
cases where claims are filed for reimbursement.
    (g)(1) Where a support agency has been identified through a 
cooperative agreement, Superfund Memorandum of Agreement (SMOA), or 
other agreement, that agency may designate a support agency coordinator 
(SAC) to provide assistance, as requested, by the OSC/RPM. The SAC is 
the prime representative of the support agency for response actions.
    (2) The SAC's responsibilities may include:
    (i) Providing and reviewing data and documents as requested by the 
OSC/RPM during the planning, design, and cleanup activities of the 
response action; and
    (ii) Providing other assistance as requested.
    (h)(1) The lead agency should provide appropriate training for its 
OSCs, RPMs, and other response personnel to carry out their 
responsibilities under the NCP.
    (2) OSCs/RPMs should ensure that persons designated to act as their 
on-scene representatives are adequately trained and prepared to carry 
out actions under the NCP, to the extent practicable.



Sec. 300.125  Notification and communications.

    (a) The National Response Center (NRC), located at USCG 
Headquarters, is the national communications center, continuously manned 
for handling activities related to response actions. The NRC acts as the 
single point of contact for all pollution incident reporting, and as the 
NRT communications center. Notice of discharges and releases must be 
made telephonically through a toll free number or a special local number 
(Telecommunication Device for the Deaf (TDD) and collect calls 
accepted). (Notification details appear in Sec. Sec. 300.300 and 
300.405.) The NRC receives and immediately relays telephone notices of 
discharges or releases to the appropriate predesignated federal OSC. The 
telephone report is distributed to any interested NRT member agency or 
federal entity that has established a written agreement or understanding 
with the NRC. The NRC evaluates incoming information and immediately 
advises FEMA of a potential major disaster situation.
    (b) The Commandant, USCG, in conjunction with other NRT agencies, 
shall provide the necessary personnel, communications, plotting 
facilities, and equipment for the NRC.
    (c) Notice of an oil discharge or release of a hazardous substance 
in an amount equal to or greater than the reportable quantity must be 
made immediately in accordance with 33 CFR part 153, subpart B, and 40 
CFR part 302, respectively. Notification shall be made to the NRC Duty 
Officer, HQ USCG, Washington, DC, telephone (800) 424-8802 or (202) 267-
2675. All notices of discharges or releases received at the NRC will be 
relayed immediately by telephone to the OSC.



Sec. 300.130  Determinations to initiate response and special conditions.

    (a) In accordance with CWA and CERCLA, the Administrator of EPA or 
the Secretary of the department in which the USCG is operating, as 
appropriate, is authorized to act for the United States to take response 
measures deemed necessary to protect the public health or welfare or 
environment from discharges of oil or releases of hazardous substances, 
pollutants, or contaminants except with respect to such releases on or 
from vessels or facilities under the jurisdiction, custody, or control 
of other federal agencies.
    (b) The Administrator of EPA or the Secretary of the department in 
which the USCG is operating, as appropriate, is authorized to initiate 
and, in the case of a discharge posing a substantial threat to public 
health or welfare of the United States is required to initiate and 
direct, appropriate response activities when the Administrator or 
Secretary determines that any oil or CWA hazardous substance is 
discharged or there is a substantial threat of such discharge from any 
vessel or offshore or onshore facility into or on the navigable waters 
of the United States, on the adjoining shorelines to the navigable 
waters, into or on the waters of the exclusive economic zone, or that 
may affect natural resources belonging to, appertaining to, or under 
exclusive

[[Page 31]]

management authority of the United States; or
    (c) The Administrator of EPA or the Secretary of the department in 
which the USCG is operating, as appropriate, is authorized to initiate 
appropriate response activities when the Administrator or Secretary 
determines that any hazardous substance is released or there is a threat 
of such a release into the environment, or there is a release or threat 
of release into the environment of any pollutant or contaminant which 
may present an imminent and substantial danger to the public health or 
welfare of the United States.
    (d) In addition to any actions taken by a state or local government, 
the Administrator of EPA or the Secretary of the department in which the 
USCG is operating may request the U.S. Attorney General to secure the 
relief from any person, including the owner or operator of the vessel or 
facility necessary to abate a threat or, after notice to the affected 
state, take any other action authorized by section 311 of the CWA or 
section 106 of CERCLA as appropriate, including issuing administrative 
orders, that may be necessary to protect the public health or welfare, 
if the Administrator or Secretary determines:
    (1) That there may be an imminent and substantial threat to the 
public health or welfare of the United States or the environment of the 
United States, including fish, shellfish, and wildlife, public and 
private property, shorelines, beaches, habitats, and other living and 
nonliving natural resources under the jurisdiction or control of the 
United States, because of an actual or threatened discharge of oil or a 
CWA hazardous substance from any vessel or offshore or onshore facility 
into or upon the navigable waters of the United States; or
    (2) That there may be an imminent and substantial endangerment to 
the public health or welfare of the United States or the environment 
because of a release of a CERCLA hazardous substance from a facility.
    (e) Response actions to remove discharges originating from 
operations conducted subject to the Outer Continental Shelf Lands Act 
shall be in accordance with the NCP.
    (f) Where appropriate, when a discharge or release involves 
radioactive materials, the lead or support federal agency shall act 
consistent with the notification and assistance procedures described in 
the appropriate Federal Radiological Plan. For the purpose of the NCP, 
the FRERP (24 CFR part 2401) is the appropriate plan. Most radiological 
discharges and releases do not result in FRERP activation and should be 
handled in accordance with the NCP. However, releases from nuclear 
incidents subject to requirements for financial protection established 
by the Nuclear Regulatory Commission under the Price-Anderson amendments 
(section 170) of the Atomic Energy Act are specifically excluded from 
CERCLA and NCP requirements.
    (g) Removal actions involving nuclear weapons should be conducted in 
accordance with the joint Department of Defense, Department of Energy, 
and FEMA Agreement for Response to Nuclear Incidents and Nuclear Weapons 
Significant Incidents (January 8, 1981).
    (h) If the situation is beyond the capability of state and local 
governments and the statutory authority of federal agencies, the 
President may, under the Disaster Relief Act of 1974, act upon a request 
by the governor and declare a major disaster or emergency and appoint a 
Federal Coordinating Officer (FCO) to coordinate all federal disaster 
assistance activities. In such cases, the OSC/RPM would continue to 
carry out OSC/RPM responsibilities under the NCP, but would coordinate 
those activities with the FCO to ensure consistency with other federal 
disaster assistance activities.
    (i) In the event of a declaration of a major disaster by the 
President, the FEMA may activate the Federal Response Plan (FRP). A FCO, 
designated by the President, may implement the FRP and coordinate and 
direct emergency assistance and disaster relief of impacted individuals, 
business, and public services under the Robert T. Stafford Disaster 
Relief Act. Delivery of federal assistance is facilitated through twelve 
functional annexes to the FRP known as Emergency Support Functions 
(ESFs). EPA coordinates activities under ESF 10--Hazardous 
Materials, which addresses preparedness

[[Page 32]]

and response to hazardous materials and oil incidents caused by a 
natural disaster or other catastrophic event. In such cases, the OSC/RPM 
should coordinate response activities with the FCO, through the 
incident-specific ESF 10 Chair, to ensure consistency with 
federal disaster assistance activities.



Sec. 300.135  Response operations.

    (a) The OSC/RPM, consistent with Sec. Sec. 300.120 and 300.125, 
shall direct response efforts and coordinate all other efforts at the 
scene of a discharge or release. As part of the planning and preparation 
for response, the OSCs/RPMs shall be predesignated by the regional or 
district head of the lead agency.
    (b) The first federal official affiliated with an NRT member agency 
to arrive at the scene of a discharge or release should coordinate 
activities under the NCP and is authorized to initiate, in consultation 
with the OSC, any necessary actions normally carried out by the OSC 
until the arrival of the predesignated OSC. This official may initiate 
federal fund-financed actions only as authorized by the OSC or, if the 
OSC is unavailable, the authorized representative of the lead agency.
    (c) The OSC/RPM shall, to the extent practicable, collect pertinent 
facts about the discharge or release, such as its source and cause; the 
identification of potentially responsible parties; the nature, amount, 
and location of discharged or released materials; the probable direction 
and time of travel of discharged or released materials; whether the 
discharge is a worst case discharge as discussed in Sec. 300.324; the 
pathways to human and environmental exposure; the potential impact on 
human health, welfare, and safety and the environment; whether the 
discharge or release poses a substantial threat to the public health or 
welfare of the United States as discussed in Sec. 300.322; the 
potential impact on natural resources and property which may be 
affected; priorities for protecting human health and welfare and the 
environment; and appropriate cost documentation.
    (d) The OSC's/RPM's efforts shall be coordinated with other 
appropriate federal, state, local, and private response agencies. OSCs/
RPMs may designate capable persons from federal, state, or local 
agencies to act as their on-scene representatives. State and local 
governments, however, are not authorized to take actions under subparts 
D and E of the NCP that involve expenditures of the Oil Spill Liability 
Trust Fund or CERCLA funds unless an appropriate contract or cooperative 
agreement has been established. The basic framework for the response 
management structure is a system (e.g., a unified command system), that 
brings together the functions of the federal government, the state 
government, and the responsible party to achieve an effective and 
efficient response, where the OSC maintains authority.
    (e) The OSC/RPM should consult regularly with the RRT and NSFCC, as 
appropriate, in carrying out the NCP and keep the RRT and NSFCC, as 
appropriate, informed of activities under the NCP.
    (f) The OSC/RPM shall advise the support agency as promptly as 
possible of reported releases.
    (g) The OSC/RPM should evaluate incoming information and immediately 
advise FEMA of potential major disaster situations.
    (h) In those instances where a possible public health emergency 
exists, the OSC/RPM should notify the Department of Health and Human 
Services (HHS) representative to the RRT. Throughout response actions, 
the OSC/RPM may call upon the HHS representative for assistance in 
determining public health threats and call upon the Occupational Safety 
and Health Administration (OSHA) and HHS for assistance on worker health 
and safety issues.
    (i) All federal agencies should plan for emergencies and develop 
procedures for dealing with oil discharges and releases of hazardous 
substances, pollutants, or contaminants from vessels and facilities 
under their jurisdiction. All federal agencies, therefore, are 
responsible for designating the office that coordinates response to such 
incidents in accordance with the NCP and applicable federal regulations 
and guidelines.
    (j)(1) The OSC/RPM shall ensure that the trustees for natural 
resources are

[[Page 33]]

promptly notified of discharges or releases.
    (2) The OSC or RPM shall coordinate all response activities with the 
affected natural resource trustees and, for discharges of oil, the OSC 
shall consult with the affected trustees on the appropriate removal 
action to be taken.
    (k) Where the OSC/RPM becomes aware that a discharge or release may 
affect any endangered or threatened species or their habitat, the OSC/
RPM shall consult with the Department of Interior (DOI), or the 
Department of Commerce (DOC) (NOAA) and, if appropriate, the cognizant 
federal land managing agency.
    (l) The OSC/RPM is responsible for addressing worker health and 
safety concerns at a response scene, in accordance with Sec. 300.150.
    (m) The OSC shall submit pollution reports to the RRT and other 
appropriate agencies as significant developments occur during response 
actions, through communications networks or procedures agreed to by the 
RRT and covered in the RCP.
    (n) OSCs/RPMs should ensure that all appropriate public and private 
interests are kept informed and that their concerns are considered 
throughout a response, to the extent practicable, consistent with the 
requirements of Sec. 300.155 of this part.



Sec. 300.140  Multi-regional responses.

    (a) If a discharge or release moves from the area covered by one ACP 
or RCP into another area, the authority for response actions should 
likewise shift. If a discharge or release affects areas covered by two 
or more ACPs or RCPs, the response mechanisms of each applicable plan 
may be activated. In this case, response actions of all regions 
concerned shall be fully coordinated as detailed in the RCPs and ACPs.
    (b) There shall be only one OSC and/or RPM at any time during the 
course of a response operation. Should a discharge or release affect two 
or more areas, EPA, the USCG, DOD, DOE, or other lead agency, as 
appropriate, shall give prime consideration to the area vulnerable to 
the greatest threat, in determining which agency should provide the OSC 
and/or RPM. The RRT shall designate the OSC and/or RPM if the RRT member 
agencies who have response authority within the affected areas are 
unable to agree on the designation. The NRT shall designate the OSC and/
or RPM if members of one RRT or two adjacent RRTs are unable to agree on 
the designation.
    (c) Where the USCG has initially provided the OSC for response to a 
release from hazardous waste management facilities located in the 
coastal zone, responsibility for response action shall shift to EPA or 
another federal agency, as appropriate.



Sec. 300.145  Special teams and other assistance available to OSCs/RPMs.

    (a) The NSF is a special team established by the USCG, including the 
three USCG Strike Teams, the Public Information Assist Team (PIAT), and 
the NSFCC. The NSF is available to assist OSCs/RPMs in their 
preparedness and response duties.
    (1) The three Strike Teams (Atlantic, Gulf, and Pacific) provide 
trained personnel and specialized equipment to assist the OSC in 
training for spill response, stabilizing and containing the spill, and 
in monitoring or directing the response actions of the responsible 
parties and/or contractors. The OSC has a specific team designated for 
initial contact and may contact that team directly for any assistance.
    (2) The NSFCC can provide the following support to the OSC:
    (i) Technical assistance, equipment and other resources to augment 
the OSC staff during spill response.
    (ii) Assistance in coordinating the use of private and public 
resources in support of the OSC during a response to or a threat of a 
worst case discharge of oil.
    (iii) Review of the area contingency plan, including an evaluation 
of equipment readiness and coordination among responsible public 
agencies and private organizations.
    (iv) Assistance in locating spill response resources for both 
response and planning, using the NSFCC's national and international 
computerized inventory of spill response resources.
    (v) Coordination and evaluation of pollution response exercises.

[[Page 34]]

    (vi) Inspection of district prepositioned pollution response 
equipment.
    (3) PIAT is an element of the NSFCC staff which is available to 
assist OSCs to meet the demands for public information during a response 
or exercise. Its use is encouraged any time the OSC requires outside 
public affairs support. Requests for PIAT assistance may be made through 
the NSFCC or NRC.
    (b)(1) The Environmental Response Team (ERT) is established by EPA 
in accordance with its disaster and emergency responsibilities. The ERT 
has expertise in treatment technology, biology, chemistry, hydrology, 
geology, and engineering.
    (2) The ERT can provide access to special decontamination equipment 
for chemical releases and advice to the OSC/RPM in hazard evaluation; 
risk assessment; multimedia sampling and analysis program; on-site 
safety, including development and implementation plans; cleanup 
techniques and priorities; water supply decontamination and protection; 
application of dispersants; environmental assessment; degree of cleanup 
required; and disposal of contaminated material.
    (3) The ERT also provides both introductory and intermediate level 
training courses to prepare response personnel.
    (4) OSC/RPM or RRT requests for ERT support should be made to the 
EPA representative on the RRT; EPA Headquarters, Director, Emergency 
Response Division; or the appropriate EPA regional emergency 
coordinator.
    (c) Scientific Support Coordinators (SSCs) may be designated by the 
OSC (and RPM in the case of EPA SSCs) as the principal advisors for 
scientific issues, communication with the scientific community, and 
coordination of requests for assistance from state and federal agencies 
regarding scientific studies. The SSC strives for a consensus on 
scientific issues affecting the response, but ensures that differing 
opinions within the community are communicated to the OSC/RPM.
    (1) Generally, SSCs are provided by NOAA in the coastal zones, and 
by EPA in the inland zone. OSC/RPM requests for SSC support can be made 
directly to the SSC assigned to the area or to the agency member of the 
RRT. NOAA SSCs can also be requested through NOAA's SSC program office 
in Seattle, WA. NOAA SSCs are assigned to USCG Districts and are 
supported by a scientific support team that includes expertise in 
environmental chemistry, oil slick tracking, pollutant transport 
modeling, natural resources at risk, environmental tradeoffs of 
countermeasures and cleanup, and information management.
    (2) During a response, the SSC serves on the federal OSC's/RPM's 
staff and may, at the request of the OSC/RPM, lead the scientific team 
and be responsible for providing scientific support for operational 
decisions and for coordinating on-scene scientific activity. Depending 
on the nature and location of the incident, the SSC integrates expertise 
from governmental agencies, universities, community representatives, and 
industry to assist the OSC/RPM in evaluating the hazards and potential 
effects of releases and in developing response strategies.
    (3) At the request of the OSC, the SSC may facilitate the OSC's work 
with the lead administrative trustee for natural resources to ensure 
coordination between damage assessment data collection efforts and data 
collected in support of response operations.
    (4) SSCs support the Regional Response Teams and the Area Committees 
in preparing regional and area contingency plans and in conducting spill 
training and exercises. For area plans, the SSC provides leadership for 
the synthesis and integration of environmental information required for 
spill response decisions in support of the OSC.
    (d)(1) SUPSALV has an extensive salvage/search and recovery 
equipment inventory with the requisite knowledge and expertise to 
support these operations, including specialized salvage, firefighting, 
and petroleum, oil and lubricants offloading capability.
    (2) When possible, SUPSALV will provide equipment for training 
exercises in support of national and regional contingency planning 
objectives.
    (3) The OSC/RPM may request assistance directly from SUPSALV. Formal

[[Page 35]]

requests are routed through the Chief of Naval Operations (N312).
    (e) For marine salvage operations, OSCs/RPMs with responsibility for 
monitoring, evaluating, or supervising these activities should request 
technical assistance from DOD, the Strike Teams, or commercial salvors 
as necessary to ensure that proper actions are taken. Marine salvage 
operations generally fall into five categories: afloat salvage; offshore 
salvage; river and harbor clearance; cargo salvage; and rescue towing. 
Each category requires different knowledge and specialized types of 
equipment. The complexity of such operations may be further compounded 
by local environmental and geographic conditions. The nature of marine 
salvage and the conditions under which it occurs combine to make such 
operations imprecise, difficult, hazardous, and expensive. Thus, 
responsible parties or other persons attempting to perform such 
operations without adequate knowledge, equipment, and experience could 
aggravate, rather than relieve, the situation.
    (f) Radiological Emergency Response Teams (RERTs) have been 
established by EPA's Office of Radiation Programs (ORP) to provide 
response and support for incidents or sites containing radiological 
hazards. Expertise is available in radiation monitoring, radionuclide 
analysis, radiation health physics, and risk assessment. RERTs can 
provide on-site support including mobile monitoring laboratories for 
field analyses of samples and fixed laboratories for radiochemical 
sampling and analyses. Requests for support may be made 24 hours a day 
via the NRC or directly to the EPA Radiological Response Coordinator in 
the Office of Radiation Programs. Assistance is also available from DOE 
and other federal agencies.
    (g)(1) DRGs assist the OSC by providing technical assistance, 
personnel, and equipment, including pre-positioned equipment. Each DRG 
consists of all Coast Guard personnel and equipment, including marine 
firefighting equipment, in its district, additional pre-positioned 
equipment, and a District Response Advisory Team (DRAT) that is 
available to provide support to the OSC in the event that a spill 
exceeds local response capabilities. Each DRG:
    (i) Shall provide technical assistance, equipment, and other 
resources, as available, when requested by an OSC through the USCG 
representative to the RRT;
    (ii) Shall ensure maintenance of all USCG response equipment within 
its district;
    (iii) May provide technical assistance in the preparation of the 
ACP; and
    (iv) Shall review each of those plans that affect its area of 
geographic responsibility.
    (2) In deciding where to locate personnel and pre-positioned 
equipment, the USCG shall give priority emphasis to:
    (i) The availability of facilities for loading and unloading heavy 
or bulky equipment by barge;
    (ii) The proximity to an airport capable of supporting large 
military transport aircraft;
    (iii) The flight time to provide response to oil spills in all areas 
of the Coast Guard district with the potential for marine casualties;
    (iv) The availability of trained local personnel capable of 
responding in an oil spill emergency; and
    (v) Areas where large quantities of petroleum products are 
transported.
    (h) The NPFC is responsible for implementing those portions of Title 
I of the OPA that have been delegated to the Secretary of the department 
in which the Coast Guard is operating. The NPFC is responsible for 
addressing funding issues arising from discharges and threats of 
discharges of oil. The NPFC:
    (1) Issues Certificates of Financial Responsibility to owners and 
operators of vessels to pay for costs and damages that are incurred by 
their vessels as a result of oil discharges;
    (2) Provides funding for various response organizations for timely 
abatement and removal actions related to oil discharges;
    (3) Provides equitable compensation to claimants who sustain costs 
and damages from oil discharges when the responsible party fails to do 
so;
    (4) Recovers monies from persons liable for costs and damages 
resulting

[[Page 36]]

from oil discharges to the full extent of liability under the law; and
    (5) Provides funds to initiate natural resource damage assessments.



Sec. 300.150  Worker health and safety.

    (a) Response actions under the NCP will comply with the provisions 
for response action worker safety and health in 29 CFR 1910.120. The NRS 
meets the requirements of 29 CFR 1910.120 concerning use of an incident 
command system.
    (b) In a response action taken by a responsible party, the 
responsible party must assure that an occupational safety and health 
program consistent with 29 CFR 1910.120 is made available for the 
protection of workers at the response site.
    (c) In a response taken under the NCP by a lead agency, an 
occupational safety and health program should be made available for the 
protection of workers at the response site, consistent with, and to the 
extent required by, 29 CFR 1910.120. Contracts relating to a response 
action under the NCP should contain assurances that the contractor at 
the response site will comply with this program and with any applicable 
provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.) (OSH Act) and state laws with plans approved under section 
18 of the OSH Act.
    (d) When a state, or political subdivision of a state, without an 
OSHA-approved state plan is the lead agency for response, the state or 
political subdivision must comply with standards in 40 CFR part 311, 
promulgated by EPA pursuant to section 126(f) of SARA.
    (e) Requirements, standards, and regulations of the OSH Act and of 
state OSH laws not directly referenced in paragraphs (a) through (d) of 
this section, must be complied with where applicable. Federal OSH Act 
requirements include, among other things, Construction Standards (29 CFR 
part 1926), General Industry Standards (29 CFR part 1910), and the 
general duty requirement of section 5(a)(1) of the OSH Act (29 U.S.C. 
654(a)(1)). No action by the lead agency with respect to response 
activities under the NCP constitutes an exercise of statutory authority 
within the meaning of section 4(b)(1) of the OSH Act. All governmental 
agencies and private employers are directly responsible for the health 
and safety of their own employees.



Sec. 300.155  Public information and community relations.

    (a) When an incident occurs, it is imperative to give the public 
prompt, accurate information on the nature of the incident and the 
actions underway to mitigate the damage. OSCs/RPMs and community 
relations personnel should ensure that all appropriate public and 
private interests are kept informed and that their concerns are 
considered throughout a response. They should coordinate with available 
public affairs/community relations resources to carry out this 
responsibility by establishing, as appropriate, a Joint Information 
Center bringing together resources from federal and state agencies and 
the responsible party.
    (b) An on-scene news office may be established to coordinate media 
relations and to issue official federal information on an incident. 
Whenever possible, it will be headed by a representative of the lead 
agency. The OSC/RPM determines the location of the on-scene news office, 
but every effort should be made to locate it near the scene of the 
incident. If a participating agency believes public interest warrants 
the issuance of statements and an on-scene news office has not been 
established, the affected agency should recommend its establishment. All 
federal news releases or statements by participating agencies should be 
cleared through the OSC/RPM. Information dissemination relating to 
natural resource damage assessment activities shall be coordinated 
through the lead administrative trustee. The designated lead 
administrative trustee may assist the OSC/RPM by disseminating 
information on issues relating to damage assessment activities. 
Following termination of removal activity, information dissemination on 
damage assessment activities shall be through the lead administrative 
trustee.
    (c) The community relations requirements specified in Sec. Sec. 
300.415, 300.430, and 300.435 apply to removal, remedial, and 
enforcement actions and are intended

[[Page 37]]

to promote active communication between communities affected by 
discharges or releases and the lead agency responsible for response 
actions. Community Relations Plans (CRPs) are required by EPA for 
certain response actions. The OSC/RPM should ensure coordination with 
such plans which may be in effect at the scene of a discharge or release 
or which may need to be developed during follow-up activities.



Sec. 300.160  Documentation and cost recovery.

    (a) For releases of a hazardous substance, pollutant, or 
contaminant, the following provisions apply:
    (1) During all phases of response, the lead agency shall complete 
and maintain documentation to support all actions taken under the NCP 
and to form the basis for cost recovery. In general, documentation shall 
be sufficient to provide the source and circumstances of the release, 
the identity of responsible parties, the response action taken, accurate 
accounting of federal, state, or private party costs incurred for 
response actions, and impacts and potential impacts to the public health 
and welfare and the environment. Where applicable, documentation shall 
state when the NRC received notification of a release of a reportable 
quantity.
    (2) The information and reports obtained by the lead agency for 
Fund-financed response actions shall, as appropriate, be transmitted to 
the chair of the RRT. Copies can then be forwarded to the NRT, members 
of the RRT, and others as appropriate.
    (3) The lead agency shall make available to the trustees of affected 
natural resources information and documentation that can assist the 
trustees in the determination of actual or potential natural resource 
injuries.
    (b) For discharges of oil, documentation and cost recovery 
provisions are described in Sec. 300.315.
    (c) Response actions undertaken by the participating agencies shall 
be carried out under existing programs and authorities when available. 
Federal agencies are to make resources available, expend funds, or 
participate in response to discharges and releases under their existing 
authority. Interagency agreements may be signed when necessary to ensure 
that the federal resources will be available for a timely response to a 
discharge or release. The ultimate decision as to the appropriateness of 
expending funds rests with the agency that is held accountable for such 
expenditures. Further funding provisions for discharges of oil are 
described in Sec. 300.335.
    (d) The Administrator of EPA and the Administrator of the Agency for 
Toxic Substances and Disease Registry (ATSDR) shall assure that the 
costs of health assessment or health effect studies conducted under the 
authority of CERCLA section 104(i) are documented in accordance with 
standard EPA procedures for cost recovery. Documentation shall include 
information on the nature of the hazardous substances addressed by the 
research, information concerning the locations where these substances 
have been found, and any available information on response actions taken 
concerning these substances at the location.



Sec. 300.165  OSC reports.

    (a) As requested by the NRT or RRT, the OSC/RPM shall submit to the 
NRT or RRT a complete report on the removal operation and the actions 
taken. The RRT shall review the OSC report and send to the NRT a copy of 
the OSC report with its comments or recommendations within 30 days after 
the RRT has received the OSC report.
    (b) The OSC report shall record the situation as it developed, the 
actions taken, the resources committed, and the problems encountered.



Sec. 300.170  Federal agency participation.

    Federal agencies listed in Sec. 300.175 have duties established by 
statute, executive order, or Presidential directive which may apply to 
federal response actions following, or in prevention of, the discharge 
of oil or release of a hazardous substance, pollutant, or contaminant. 
Some of these agencies also have duties relating to the restoration, 
rehabilitation, replacement, or acquisition of equivalent natural 
resources injured or lost as a result of such discharge or release as 
described in subpart G of this part. The NRT, RRT, and

[[Page 38]]

Area Committee organizational structure, and the NCP, RCPs and ACPs, 
described in Sec. 300.210, provide for agencies to coordinate with each 
other in carrying out these duties.
    (a) Federal agencies may be called upon by an OSC/RPM during 
response planning and implementation to provide assistance in their 
respective areas of expertise, as described in Sec. 300.175, consistent 
with the agencies' capabilities and authorities.
    (b) In addition to their general responsibilities, federal agencies 
should:
    (1) Make necessary information available to the Secretary of the 
NRT, RRTs, Area Committees, and OSCs/RPMs.
    (2) Provide representatives to the NRT and RRTs and otherwise assist 
RRTs and OSCs, as necessary, in formulating RCPs and ACPs.
    (3) Inform the NRT, RRTs, and Area Committees, consistent with 
national security considerations, of changes in the availability of 
resources that would affect the operations implemented under the NCP.
    (c) All federal agencies are responsible for reporting releases of 
hazardous substances from facilities or vessels under their jurisdiction 
or control in accordance with section 103 of CERCLA.
    (d) All federal agencies are encouraged to report releases of 
pollutants or contaminants and must report discharges of oil, as 
required in 40 CFR part 110, from facilities or vessels under their 
jurisdiction or control to the NRC.



Sec. 300.175  Federal agencies: additional responsibilities and 
assistance.

    (a) During preparedness planning or in an actual response, various 
federal agencies may be called upon to provide assistance in their 
respective areas of expertise, as indicated in paragraph (b) of this 
section, consistent with agency legal authorities and capabilities.
    (b) The federal agencies include:
    (1) USCG, as provided in 14 U.S.C. 1-3, is an agency in DOT, except 
when operating as an agency in the United States Navy (USN) in time of 
war. The USCG provides the NRT vice chair, co-chairs for the standing 
RRTs, and predesignated OSCs for the coastal zone, as described in Sec. 
300.120(a)(1). The USCG maintains continuously manned facilities which 
can be used for command, control, and surveillance of oil discharges and 
hazardous substance releases occurring in the coastal zone. The USCG 
also offers expertise in domestic and international fields of port 
safety and security, maritime law enforcement, ship navigation and 
construction, and the manning, operation, and safety of vessels and 
marine facilities. The USCG may enter into a contract or cooperative 
agreement with the appropriate state in order to implement a response 
action.
    (2) EPA chairs the NRT and co-chairs, with the USCG, the standing 
RRTs; provides predesignated OSCs for all inland areas for which an ACP 
is required under CWA section 311(j) and for discharges and releases 
occurring in the inland zone and RPMs for remedial actions except as 
otherwise provided; and generally provides the SSC for responses in the 
inland zone. EPA provides expertise on human health and ecological 
effects of oil discharges or releases of hazardous substances, 
pollutants, or contaminants; ecological and human health risk assessment 
methods; and environmental pollution control techniques. Access to EPA's 
scientific expertise can be facilitated through the EPA representative 
to the Research and Development Committee of the National Response Team; 
the EPA Office of Research and Development's Superfund Technical 
Liaisons or Regional Scientists located in EPA Regional offices; or 
through EPA's Office of Science Planning and Regulatory Evaluation. EPA 
also provides legal expertise on the interpretation of CERCLA and other 
environmental statutes. EPA may enter into a contract or cooperative 
agreement with the appropriate state in order to implement a response 
action.
    (3) FEMA provides guidance, policy and program advice, and technical 
assistance in hazardous materials, chemical, and radiological emergency 
preparedness activities (including planning, training, and exercising). 
FEMA's primary point of contact for administering financial and 
technical assistance to state and local governments to support their 
efforts to develop and

[[Page 39]]

maintain an effective emergency management and response capability is 
the Preparedness, Training, and Exercises Directorate.
    (4) DOD has responsibility to take all action necessary with respect 
to releases where either the release is on, or the sole source of the 
release is from, any facility or vessel under the jurisdiction, custody, 
or control of DOD. In addition to those capabilities provided by 
SUPSALV, DOD may also, consistent with its operational requirements and 
upon request of the OSC, provide locally deployed USN oil spill 
equipment and provide assistance to other federal agencies on request. 
The following two branches of DOD have particularly relevant expertise:
    (i) The United States Army Corps of Engineers has specialized 
equipment and personnel for maintaining navigation channels, for 
removing navigation obstructions, for accomplishing structural repairs, 
and for performing maintenance to hydropower electric generating 
equipment. The Corps can also provide design services, perform 
construction, and provide contract writing and contract administrative 
services for other federal agencies.
    (ii) The U.S. Navy Supervisor of Salvage (SUPSALV) is the branch of 
service within DOD most knowledgeable and experienced in ship salvage, 
shipboard damage control, and diving. The USN has an extensive array of 
specialized equipment and personnel available for use in these areas as 
well as specialized containment, collection, and removal equipment 
specifically designed for salvage-related and open-sea pollution 
incidents.
    (5) DOE generally provides designated OSCs/RPMs that are responsible 
for taking all response actions with respect to releases where either 
the release is on, or the sole source of the release is from, any 
facility or vessel under its jurisdiction, custody, or control, 
including vessels bareboat-chartered and operated. In addition, under 
the FRERP, DOE provides advice and assistance to other OSCs/RPMs for 
emergency actions essential for the control of immediate radiological 
hazards. Incidents that qualify for DOE radiological advice and 
assistance are those believed to involve source, by-product, or special 
nuclear material or other ionizing radiation sources, including radium, 
and other naturally occurring radionuclides, as well as particle 
accelerators. Assistance is available through direct contact with the 
appropriate DOE Radiological Assistance Program Regional Office.
    (6) The Department of Agriculture (USDA) has scientific and 
technical capability to measure, evaluate, and monitor, either on the 
ground or by use of aircraft, situations where natural resources 
including soil, water, wildlife, and vegetation have been impacted by 
fire, insects and diseases, floods, hazardous substances, and other 
natural or man-caused emergencies. The USDA may be contacted through 
Forest Service emergency staff officers who are the designated members 
of the RRT. Agencies within USDA have relevant capabilities and 
expertise as follows:
    (i) The Forest Service has responsibility for protection and 
management of national forests and national grasslands. The Forest 
Service has personnel, laboratory, and field capability to measure, 
evaluate, monitor, and control as needed, releases of pesticides and 
other hazardous substances on lands under its jurisdiction.
    (ii) The Agriculture Research Service (ARS) administers an applied 
and developmental research program in animal and plant protection and 
production; the use and improvement of soil, water, and air; the 
processing, storage, and distribution of farm products; and human 
nutrition. The ARS has the capabilities to provide regulation of, and 
evaluation and training for, employees exposed to biological, chemical, 
radiological, and industrial hazards. In emergency situations, the ARS 
can identify, control, and abate pollution in the areas of air, soil, 
wastes, pesticides, radiation, and toxic substances for ARS facilities.
    (iii) The Soil Conservation Service (SCS) has personnel in nearly 
every county in the nation who are knowledgeable in soil, agronomy, 
engineering, and biology. These personnel can help to predict the 
effects of pollutants on soil and their movements over and through 
soils. Technical specialists can assist in identifying potential 
hazardous waste sites and provide review

[[Page 40]]

and advice on plans for remedial measures.
    (iv) The Animal and Plant Health Inspection Service (APHIS) can 
respond in an emergency to regulate movement of diseased or infected 
organisms to prevent the spread and contamination of nonaffected areas.
    (v) The Food Safety and Inspection Service (FSIS) has responsibility 
to prevent meat and poultry products contaminated with harmful 
substances from entering human food channels. In emergencies, the FSIS 
works with other federal and state agencies to establish acceptability 
for slaughter of exposed or potentially exposed animals and their 
products. In addition they are charged with managing the Federal 
Radiological Emergency Response Program for the USDA.
    (7) DOC, through NOAA, provides scientific support for response and 
contingency planning in coastal and marine areas, including assessments 
of the hazards that may be involved, predictions of movement and 
dispersion of oil and hazardous substances through trajectory modeling, 
and information on the sensitivity of coastal environments to oil and 
hazardous substances and associated clean-up and mitigation methods; 
provides expertise on living marine resources and their habitats, 
including endangered species, marine mammals and National Marine 
Sanctuary ecosystems; provides information on actual and predicted 
meteorological, hydrological, ice, and oceanographic conditions for 
marine, coastal, and inland waters, and tide and circulation data for 
coastal and territorial waters and for the Great Lakes.
    (8) HHS assists with the assessment, preservation, and protection of 
human health and helps ensure the availability of essential human 
services. HHS provides technical and nontechnical assistance in the form 
of advice, guidance, and resources to other federal agencies as well as 
state and local governments.
    (i) The principal HHS response comes from the U.S. Public Health 
Service and is coordinated from the Office of the Assistant Secretary 
for Health, and various Public Health Service regional offices. Within 
the Public Health Service, the primary response to a hazardous materials 
emergency comes from Agency for Toxic Substances and Disease Registry 
(ATSDR) and the Centers for Disease Control (CDC). Both ATSDR and CDC 
have a 24-hour emergency response capability wherein scientific and 
technical personnel are available to provide technical assistance to the 
lead federal agency and state and local response agencies on human 
health threat assessment and analysis, and exposure prevention and 
mitigation. Such assistance is used for situations requiring evacuation 
of affected areas, human exposure to hazardous materials, and technical 
advice on mitigation and prevention. CDC takes the lead during petroleum 
releases regulated under the CWA and OPA while ATSDR takes the lead 
during chemical releases under CERCLA. Both agencies are mutually 
supportive.
    (ii) Other Public Health Service agencies involved in support during 
hazardous materials incidents either directly or through ATSDR/CDC 
include the Food and Drug Administration, the Health Resources and 
Services Administration, the Indian Health Service, and the National 
Institutes of Health.
    (iii) Statutory authority for HHS/National Institutes for 
Environmental Health Sciences (NIEHS) involvement in hazardous materials 
accident prevention is non-regulatory in nature and focused on two 
primary areas for preventing community and worker exposure to hazardous 
materials releases: Worker safety training and basic research 
activities. Under section 126 of SARA, NIEHS is given statutory 
authority for supporting development of curricula and model training 
programs for waste workers and chemical emergency responders.
    Under section 118(b) of the Hazardous Materials Transportation and 
Uniform Safety Act (HMTUSA) (49 U.S.C. 1802 et seq.), NIEHS also 
administers the Hazmat Employee Training Program to prepare curricula 
and training for hazardous materials transportation workers. In the 
basic research arena, NIEHS is authorized under section 311 of

[[Page 41]]

SARA to conduct a hazardous substance basic research and training 
program to evaluate toxic effects and assess human health risks from 
accidental releases of hazardous materials. Under Title IX, section 
901(h) of the Clean Air Act Amendments, NIEHS also is authorized to 
conduct basic research on air pollutants, as well as train physicians in 
environmental health. Federal research and training in hazardous 
materials release prevention represents an important non-regulatory 
activity and supplements ongoing private sector programs.
    (9) DOI may be contacted through Regional Environmental Officers 
(REOs), who are the designated members of RRTs. Department land managers 
have jurisdiction over the national park system, national wildlife 
refuges and fish hatcheries, the public lands, and certain water 
projects in western states. In addition, bureaus and offices have 
relevant expertise as follows:
    (i) United States Fish and Wildlife Service (USFWS) and other 
Bureaus: Anadromous and certain other fishes and wildlife, including 
endangered and threatened species, migratory birds, and certain marine 
mammals; waters and wetlands; and effects on natural resources.
    (ii) The National Biological Survey performs research in support of 
biological resource management; inventories, monitors, and reports on 
the status and trends in the Nation's biotic resources; and transfers 
the information gained in research and monitoring to resource managers 
and others concerned with the care, use, and conservation of the 
Nation's natural resources. The National Biological Survey has 
laboratory/research facilities.
    (iii) Geological Survey: Geology, hydrology (ground water and 
surface water), and natural hazards.
    (iv) Bureau of Land Management: Minerals, soils, vegetation, 
wildlife, habitat, archaeology, and wilderness; and hazardous materials.
    (v) Minerals Management Service: Oversight of offshore oil and gas 
exploration and production facilities and associated pipelines and 
pipeline facilities under the Outer Continental Shelf Lands Act and the 
CWA; oil spill response technology research; and establishing oil 
discharge contingency planning requirements for offshore facilities.
    (vi) Bureau of Mines: Analysis and identification of inorganic 
hazardous substances and technical expertise in metals and metallurgy 
relevant to site cleanup.
    (vii) Office of Surface Mining: Coal mine wastes and land 
reclamation.
    (viii) National Park Service: General biological, natural, and 
cultural resource managers to evaluate, measure, monitor, and contain 
threats to park system lands and resources; archaeological and 
historical expertise in protection, preservation, evaluation, impact 
mitigation, and restoration of cultural resources; emergency personnel.
    (ix) Bureau of Reclamation: Operation and maintenance of water 
projects in the West; engineering and hydrology; and reservoirs.
    (x) Bureau of Indian Affairs: Coordination of activities affecting 
Indian lands; assistance in identifying Indian tribal government 
officials.
    (xi) Office of Territorial Affairs: Assistance in implementing the 
NCP in American Samoa, Guam, the Pacific Island Governments, the 
Northern Mariana Islands, and the Virgin Islands.
    (10) The Department of Justice (DOJ) can provide expert advice on 
complicated legal questions arising from discharges or releases, and 
federal agency responses. In addition, the DOJ represents the federal 
government, including its agencies, in litigation relating to such 
discharges or releases. Other legal issues or questions shall be 
directed to the federal agency counsel for the agency providing the OSC/
RPM for the response.
    (11) The Department of Labor (DOL), through OSHA and the states 
operating plans approved under section 18 of the OSH Act, has authority 
to conduct safety and health inspections of hazardous waste sites to 
assure that employees are being protected and to determine if the site 
is in compliance with:
    (i) Safety and health standards and regulations promulgated by OSHA 
(or the states) in accordance with section 126 of SARA and all other 
applicable standards; and

[[Page 42]]

    (ii) Regulations promulgated under the OSH Act and its general duty 
clause. OSHA inspections may be self-generated, consistent with its 
program operations and objectives, or may be conducted in response to 
requests from EPA or another lead agency, or in response to accidents or 
employee complaints. OSHA may also conduct inspections at hazardous 
waste sites in those states with approved plans that choose not to 
exercise their jurisdiction to inspect such sites. On request, OSHA will 
provide advice and consultation to EPA and other NRT/RRT agencies as 
well as to the OSC/RPM regarding hazards to persons engaged in response 
activities. OSHA may also take any other action necessary to assure that 
employees are properly protected at such response activities. Any 
questions about occupational safety and health at these sites may be 
referred to the OSHA Regional Office.
    (12) DOT provides response expertise pertaining to transportation of 
oil or hazardous substances by all modes of transportation. Through the 
Research and Special Programs Administration (RSPA), DOT offers 
expertise in the requirements for packaging, handling, and transporting 
regulated hazardous materials. DOT, through RSPA, establishes oil 
discharge contingency planning requirements for pipelines, transport by 
rail and containers or bulk transport of oil.
    (13) The Department of State (DOS) will lead in the development of 
international joint contingency plans. It will also help to coordinate 
an international response when discharges or releases cross 
international boundaries or involve foreign flag vessels. Additionally, 
DOS will coordinate requests for assistance from foreign governments and 
U.S. proposals for conducting research at incidents that occur in waters 
of other countries.
    (14) The Nuclear Regulatory Commission will respond, as appropriate, 
to releases of radioactive materials by its licensees, in accordance 
with the NRC Incident Response Plan (NUREG-0728) to monitor the actions 
of those licensees and assure that the public health and environment are 
protected and adequate recovery operations are instituted. The Nuclear 
Regulatory Commission will keep EPA informed of any significant actual 
or potential releases in accordance with procedural agreements. In 
addition, the Nuclear Regulatory Commission will provide advice to the 
OSC/RPM when assistance is required in identifying the source and 
character of other hazardous substance releases where the Nuclear 
Regulatory Commission has licensing authority for activities utilizing 
radioactive materials.
    (15) The General Services Administration (GSA) provides logistic and 
telecommunications support to federal agencies. During an emergency 
situation, GSA quickly responds to aid state and local governments as 
directed by other federal agencies. The type of support provided might 
include leasing and furnishing office space, setting up 
telecommunications and transportation services, and advisory assistance.



Sec. 300.180  State and local participation in response.

    (a) Each state governor is requested to designate one state office/
representative to represent the state on the appropriate RRT. The 
state's office/representative may participate fully in all activities of 
the appropriate RRT. Each state governor is also requested to designate 
a lead state agency that will direct state-lead response operations. 
This agency is responsible for designating the lead state response 
official for federal and/or state-lead response actions, and 
coordinating/communicating with any other state agencies, as 
appropriate. Local governments are invited to participate in activities 
on the appropriate RRT as may be provided by state law or arranged by 
the state's representative. Indian tribes wishing to participate should 
assign one person or office to represent the tribal government on the 
appropriate RRT.
    (b) Appropriate local and state officials (including Indian tribes) 
will participate as part of the response structure as provided in the 
ACP.
    (c) In addition to meeting the requirements for local emergency 
plans under SARA section 303, state and local government agencies are 
encouraged to include contingency planning

[[Page 43]]

for responses, consistent with the NCP, RCP, and ACP in all emergency 
and disaster planning.
    (d) For facilities not addressed under CERCLA or the CWA, states are 
encouraged to undertake response actions themselves or to use their 
authorities to compel potentially responsible parties to undertake 
response actions.
    (e) States are encouraged to enter into cooperative agreements 
pursuant to sections 104 (c)(3) and (d) of CERCLA to enable them to 
undertake actions authorized under subpart E of the NCP. Requirements 
for entering into these agreements are included in subpart F of the NCP. 
A state agency that acts pursuant to such agreements is referred to as 
the lead agency. In the event there is no cooperative agreement, the 
lead agency can be designated in a SMOA or other agreement.
    (f) Because state and local public safety organizations would 
normally be the first government representatives at the scene of a 
discharge or release, they are expected to initiate public safety 
measures that are necessary to protect public health and welfare and 
that are consistent with containment and cleanup requirements in the 
NCP, and are responsible for directing evacuations pursuant to existing 
state or local procedures.



Sec. 300.185  Nongovernmental participation.

    (a) Industry groups, academic organizations, and others are 
encouraged to commit resources for response operations. Specific 
commitments should be listed in the RCP and ACP. Those entities required 
to develop tank vessel and facility response plans under CWA section 
311(j) must be able to respond to a worst case discharge to the maximum 
extent practicable, and shall commit sufficient resources to implement 
other aspects of those plans in accordance with the requirements of 30 
CFR part 254, 33 CFR parts 150, 154, and 155; 40 CFR part 112; and 49 
CFR parts 171 and 194.
    (b) The technical and scientific information generated by the local 
community, along with information from federal, state, and local 
governments, should be used to assist the OSC/RPM in devising response 
strategies where effective standard techniques are unavailable. Such 
information and strategies will be incorporated into the ACP, as 
appropriate. The SSC may act as liaison between the OSC/RPM and such 
interested organizations.
    (c) ACPs shall establish procedures to allow for well organized, 
worthwhile, and safe use of volunteers, including compliance with Sec. 
300.150 regarding worker health and safety. ACPs should provide for the 
direction of volunteers by the OSC/RPM or by other federal, state, or 
local officials knowledgeable in contingency operations and capable of 
providing leadership. ACPs also should identify specific areas in which 
volunteers can be used, such as beach surveillance, logistical support, 
and bird and wildlife treatment. Unless specifically requested by the 
OSC/RPM, volunteers generally should not be used for physical removal or 
remedial activities. If, in the judgment of the OSC/RPM, dangerous 
conditions exist, volunteers shall be restricted from on-scene 
operations.
    (d) Nongovernmental participation must be in compliance with the 
requirements of subpart H of this part if any recovery of costs will be 
sought.



                   Subpart C_Planning and Preparedness

    Source: 59 FR 47440, Sept. 15, 1994, unless otherwise noted.



Sec. 300.200  General.

    This subpart summarizes emergency preparedness activities relating 
to discharges of oil and releases of hazardous substances, pollutants, 
or contaminants; describes the three levels of contingency planning 
under the national response system; and cross-references state and local 
emergency preparedness activities under SARA Title III, also known as 
the ``Emergency Planning and Community Right-to-Know Act of 1986'' but 
referred to herein as ``Title III.'' Regulations implementing Title III 
are codified at 40 CFR subchapter J.

[[Page 44]]



Sec. 300.205  Planning and coordination structure.

    (a) National. As described in Sec. 300.110, the NRT is responsible 
for national planning and coordination.
    (b) Regional. As described in Sec. 300.115, the RRTs are 
responsible for regional planning and coordination.
    (c) Area. As required by section 311(j) of the CWA, under the 
direction of the federal OSC for its area, Area Committees comprising 
qualified personnel of federal, state, and local agencies shall be 
responsible for:
    (1) Preparing an ACP for their areas (as described in Sec. 
300.210(c));
    (2) Working with appropriate federal, state, and local officials to 
enhance the contingency planning of those officials and to assure pre-
planning of joint response efforts, including appropriate procedures for 
mechanical recovery, dispersal, shoreline cleanup, protection of 
sensitive environmental areas, and protection, rescue, and 
rehabilitation of fisheries and wildlife; and
    (3) Working with appropriate federal, state, and local officials to 
expedite decisions for the use of dispersants and other mitigating 
substances and devices.
    (d) State. As provided by sections 301 and 303 of Title III, the 
SERC of each state, appointed by the Governor, is to designate emergency 
planning districts, appoint Local Emergency Planning Committees (LEPCs), 
supervise and coordinate their activities, and review local emergency 
response plans, which are described in Sec. 300.215. The SERC also is 
to establish procedures for receiving and processing requests from the 
public for information generated by Title III reporting requirements and 
to designate an official to serve as coordinator for information.
    (e) Local. As provided by sections 301 and 303 of Title III, 
emergency planning districts are designated by the SERC in order to 
facilitate the preparation and implementation of emergency plans. Each 
LEPC is to prepare a local emergency response plan for the emergency 
planning district and establish procedures for receiving and processing 
requests from the public for information generated by Title III 
reporting requirements. The LEPC is to appoint a chair and establish 
rules for the LEPC. The LEPC is to designate an official to serve as 
coordinator for information and designate in its plan a community 
emergency coordinator.
    (f) As required by section 311(j)(5) of the CWA, a tank vessel, as 
defined under section 2101 of title 46, U.S. Code, an offshore facility, 
and an onshore facility that, because of its location, could reasonably 
be expected to cause substantial harm to the environment by discharging 
into or on the navigable waters, adjoining shorelines, or exclusive 
economic zone must prepare and submit a plan for responding, to the 
maximum extent practicable, to a worst case discharge, and to a 
substantial threat of such a discharge, of oil or a hazardous substance.
    (g) The relationship of these plans is described in Figure 4.

[[Page 45]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.004



Sec. 300.210  Federal contingency plans.

    There are three levels of contingency plans under the national 
response system: The National Contingency Plan, RCPs, and ACPs. These 
plans are available for inspection at EPA regional offices or USCG 
district offices. Addresses and telephone numbers for these offices may 
be found in the United States Government Manual, issued annually, or in 
local telephone directories.
    (a) The National Contingency Plan. The purpose and objectives, 
authority, and scope of the NCP are described in Sec. Sec. 300.1 
through 300.3.
    (b) Regional Contingency Plans. The RRTs, working with the states, 
shall develop federal RCPs for each standard federal region, Alaska, 
Oceania in the

[[Page 46]]

Pacific, and the Caribbean to coordinate timely, effective response by 
various federal agencies and other organizations to discharges of oil or 
releases of hazardous substances, pollutants, or contaminants. RCPs 
shall, as appropriate, include information on all useful facilities and 
resources in the region, from government, commercial, academic, and 
other sources. To the greatest extent possible, RCPs shall follow the 
format of the NCP and be coordinated with state emergency response 
plans, ACPs, which are described in Sec. 300.210(c), and Title III 
local emergency response plans, which are described in Sec. 300.215. 
Such coordination should be accomplished by working with the SERCs in 
the region covered by the RCP. RCPs shall contain lines of demarcation 
between the inland and coastal zones, as mutually agreed upon by USCG 
and EPA.
    (c) Area Contingency Plans. (1) Under the direction of an OSC and 
subject to approval by the lead agency, each Area Committee, in 
consultation with the appropriate RRTs, Coast Guard DRGs, the NSFCC, 
SSCs, LEPCs, and SERCs, shall develop an ACP for its designated area. 
This plan, when implemented in conjunction with other provisions of the 
NCP, shall be adequate to remove a worst case discharge under Sec. 
300.324, and to mitigate or prevent a substantial threat of such a 
discharge, from a vessel, offshore facility, or onshore facility 
operating in or near the area.
    (2) The areas of responsibility may include several Title III local 
planning districts, or parts of such districts. In developing the ACP, 
the OSC shall coordinate with affected SERCs and LEPCs. The ACP shall 
provide for a well coordinated response that is integrated and 
compatible, to the greatest extent possible, with all appropriate 
response plans of state, local, and non-federal entities, and especially 
with Title III local emergency response plans.
    (3) The ACP shall include the following:
    (i) A description of the area covered by the plan, including the 
areas of special economic or environmental importance that might be 
damaged by a discharge;
    (ii) A description in detail of the responsibilities of an owner or 
operator and of federal, state, and local agencies in removing a 
discharge, and in mitigating or preventing a substantial threat of a 
discharge;
    (iii) A list of equipment (including firefighting equipment), 
dispersants, or other mitigating substances and devices, and personnel 
available to an owner or operator and federal, state, and local 
agencies, to ensure an effective and immediate removal of a discharge, 
and to ensure mitigation or prevention of a substantial threat of a 
discharge (this may be provided in an appendix or by reference to other 
relevant emergency plans (e.g., state or LEPC plans), which may include 
such equipment lists);
    (iv) A description of procedures to be followed for obtaining an 
expedited decision regarding the use of dispersants; and
    (v) A detailed description of how the plan is integrated into other 
ACPs and tank vessel, offshore facility, and onshore facility response 
plans approved by the President, and into operating procedures of the 
NSFCC.
    (4)(i) In order to provide for coordinated, immediate and effective 
protection, rescue, and rehabilitation of, and minimization of risk of 
injury to, fish and wildlife resources and habitat, Area Committees 
shall incorporate into each ACP a detailed annex containing a Fish and 
Wildlife and Sensitive Environments Plan that is consistent with the RCP 
and NCP. The annex shall be prepared in consultation with the USFWS and 
NOAA and other interested natural resource management agencies and 
parties. It shall address fish and wildlife resources and their habitat, 
and shall include other areas considered sensitive environments in a 
separate section of the annex, based upon Area Committee 
recommendations. The annex will provide the necessary information and 
procedures to immediately and effectively respond to discharges that may 
adversely affect fish and wildlife and their habitat and sensitive 
environments, including provisions for a response to a worst case 
discharge. Such information shall include the identification of 
appropriate agencies and

[[Page 47]]

their responsibilities, procedures to notify these agencies following a 
discharge or threat of a discharge, protocols for obtaining required 
fish and wildlife permits and other necessary permits, and provisions to 
ensure compatibility of annex-related activities with removal 
operations.
    (ii) The annex shall:
    (A) Identify and establish priorities for fish and wildlife 
resources and their habitats and other important sensitive areas 
requiring protection from any direct or indirect effects from discharges 
that may occur. These effects include, but are not limited to, any 
seasonal or historical use, as well as all critical, special, 
significant, or otherwise designated protected areas.
    (B) Provide a mechanism to be used during a spill response for 
timely identification of protection priorities of those fish and 
wildlife resources and habitats and sensitive environmental areas that 
may be threatened or injured by a discharge. These include as 
appropriate, not only marine and freshwater species, habitats, and their 
food sources, but also terrestrial wildlife and their habitats that may 
be affected directly by onshore oil or indirectly by oil-related 
factors, such as loss or contamination of forage. The mechanism shall 
also provide for expeditious evaluation and appropriate consultations on 
the effects to fish and wildlife, their habitat, and other sensitive 
environments from the application of chemical countermeasures or other 
countermeasures not addressed under paragraph (e)(4)(iii).
    (C) Identify potential environmental effects on fish and wildlife, 
their habitat, and other sensitive environments resulting from removal 
actions or countermeasures, including the option of no removal. Based on 
this evaluation of potential environmental effects, the annex should 
establish priorities for application of countermeasure and removal 
actions to habitats within the geographic region of the ACP. The annex 
should establish methods to minimize the identified effects on fish and 
wildlife because of response activities, including, but not limited to: 
Disturbance of sensitive areas and habitats; illegal or inadvertent 
taking or disturbance of fish and wildlife or specimens by response 
personnel; and fish and wildlife, their habitat, and environmentally 
sensitive areas coming in contact with various cleaning or 
bioremediation agents. Furthermore, the annex should identify the areas 
where the movement of oiled debris may pose a risk to resident, 
transient, or migratory fish and wildlife, and other sensitive 
environments and should discuss measures to be considered for removing 
such oiled debris in a timely fashion to reduce such risk.
    (D) Provide for pre-approval of application of specific 
countermeasures or removal actions that, if expeditiously applied, will 
minimize adverse spill-induced impacts to fish and wildlife resources, 
their habitat, and other sensitive environments. Such pre-approval plans 
must be consistent with paragraphs (c)(4)(ii)(B) and (C) of this section 
and subpart J requirements, and must have the concurrence of the natural 
resource trustees.
    (E) Provide monitoring plan(s) to evaluate the effectiveness of 
different countermeasures or removal actions in protecting the 
environment. Monitoring should include ``set-aside'' or ``control'' 
areas, where no mitigative actions are taken.
    (F) Identify and plan for the acquisition and utilization of 
necessary response capabilities for protection, rescue, and 
rehabilitation of fish and wildlife resources and habitat. This may 
include appropriately permitted private organizations and individuals 
with appropriate expertise and experience. The suitable organizations 
should be identified in cooperation with natural resource law 
enforcement agencies. Such capabilities shall include, but not be 
limited to, identification of facilities and equipment necessary for 
deterring sensitive fish and wildlife from entering oiled areas, and for 
capturing, holding, cleaning, and releasing injured wildlife. Plans for 
the provision of such capabilities shall ensure that there is no 
interference with other OSC removal operations.
    (G) Identify appropriate federal and state agency contacts and 
alternates responsible for coordination of fish and wildlife rescue and 
rehabilitation and protection of sensitive environments; identify and 
provide for required fish

[[Page 48]]

and wildlife handling and rehabilitation permits necessary under federal 
and state laws; and provide guidance on the implementation of law 
enforcement requirements included under current federal and state laws 
and corresponding regulations. Requirements include, but are not limited 
to procedures regarding the capture, transport, rehabilitation, and 
release of wildlife exposed to or threatened by oil, and disposal of 
contaminated carcasses of wildlife.
    (H) Identify and secure the means for providing, if needed, the 
minimum required OSHA and EPA training for volunteers, including those 
who assist with injured wildlife.
    (I) Define the requirements for evaluating the compatibility between 
this annex and non-federal response plans (including those of vessels, 
facilities, and pipelines) on issues affecting fish and wildlife, their 
habitat, and sensitive environments.



Sec. 300.211  OPA facility and vessel response plans.

    This section describes and cross-references the regulations that 
implement section 311(j)(5) of the CWA. A tank vessel, as defined under 
section 2101 of title 46, U.S. Code, an offshore facility, and an 
onshore facility that, because of its location, could reasonably expect 
to cause substantial harm to the environment by discharging into or on 
the navigable waters, adjoining shorelines, or exclusive economic zone 
must prepare and submit a plan for responding, to the maximum extent 
practicable, to a worst case discharge, and to a substantial threat of 
such a discharge, of oil or a hazardous substance. These response plans 
are required to be consistent with applicable Area Contingency Plans. 
These regulations are codified as follows:
    (a) For tank vessels, these regulations are codified in 33 CFR part 
155;
    (b) For offshore facilities, these regulations are codified in 30 
CFR part 254;
    (c) For non-transportation related onshore facilities, these 
regulations are codified in 40 CFR 112.20;
    (d) For transportation-related onshore facilities, these regulations 
are codified in 33 CFR part 154;
    (e) For pipeline facilities, these regulations are codified in 49 
CFR part 194; and
    (f) For rolling stock, these regulations are codified in 49 CFR part 
106 et al.



Sec. 300.212  Area response drills.

    The OSC periodically shall conduct drills of removal capability 
(including fish and wildlife response capability), without prior notice, 
in areas for which ACPs are required by Sec. 300.210(c) and under 
relevant tank vessel and facility response plans.



Sec. 300.215  Title III local emergency response plans.

    This section describes and cross-references the regulations that 
implement Title III. These regulations are codified at 40 CFR part 355.
    (a) Each LEPC is to prepare an emergency response plan in accordance 
with section 303 of Title III and review the plan once a year, or more 
frequently as changed circumstances in the community or at any facility 
may require. Such Title III local emergency response plans should be 
closely coordinated with applicable federal ACPs and state emergency 
response plans.
    (b) [Reserved]



Sec. 300.220  Related Title III issues.

    Other related Title III requirements are found in 40 CFR part 355.



          Subpart D_Operational Response Phases for Oil Removal

    Source: 59 FR 47444, Sept. 15, 1994, unless otherwise noted.



Sec. 300.300  Phase I--Discovery or notification.

    (a) A discharge of oil may be discovered through:
    (1) A report submitted by the person in charge of a vessel or 
facility, in accordance with statutory requirements;
    (2) Deliberate search by patrols;
    (3) Random or incidental observation by government agencies or the 
public; or
    (4) Other sources.
    (b) Any person in charge of a vessel or a facility shall, as soon as 
he or she has knowledge of any discharge from

[[Page 49]]

such vessel or facility in violation of section 311(b)(3) of the CWA, 
immediately notify the NRC. If direct reporting to the NRC is not 
practicable, reports may be made to the USCG or EPA predesignated OSC 
for the geographic area where the discharge occurs. The EPA 
predesignated OSC may also be contacted through the regional 24-hour 
emergency response telephone number. All such reports shall be promptly 
relayed to the NRC. If it is not possible to notify the NRC or 
predesignated OSC immediately, reports may be made immediately to the 
nearest Coast Guard unit. In any event such person in charge of the 
vessel or facility shall notify the NRC as soon as possible.
    (c) Any other person shall, as appropriate, notify the NRC of a 
discharge of oil.
    (d) Upon receipt of a notification of discharge, the NRC shall 
promptly notify the OSC. The OSC shall ensure notification of the 
appropriate state agency of any state which is, or may reasonably be 
expected to be, affected by the discharge. The OSC shall then proceed 
with the following phases as outlined in the RCP and ACP.



Sec. 300.305  Phase II--Preliminary assessment and initiation of action.

    (a) The OSC is responsible for promptly initiating a preliminary 
assessment.
    (b) The preliminary assessment shall be conducted using available 
information, supplemented where necessary and possible by an on-scene 
inspection. The OSC shall undertake actions to:
    (1) Evaluate the magnitude and severity of the discharge or threat 
to public health or welfare of the United States or the environment;
    (2) Assess the feasibility of removal; and
    (3) To the extent practicable, identify potentially responsible 
parties.
    (c) Where practicable, the framework for the response management 
structure is a system (e.g., a unified command system), that brings 
together the functions of the federal government, the state government, 
and the responsible party to achieve an effective and efficient 
response, where the OSC maintains authority.
    (d) Except in a case when the OSC is required to direct the response 
to a discharge that may pose a substantial threat to the public health 
or welfare of the United States (including but not limited to fish, 
shellfish, wildlife, other natural resources, and the public and private 
beaches and shorelines of the United States), the OSC may allow the 
responsible party to voluntarily and promptly perform removal actions, 
provided the OSC determines such actions will ensure an effective and 
immediate removal of the discharge or mitigation or prevention of a 
substantial threat of a discharge. If the responsible party does conduct 
the removal, the OSC shall ensure adequate surveillance over whatever 
actions are initiated. If effective actions are not being taken to 
eliminate the threat, or if removal is not being properly done, the OSC 
should, to the extent practicable under the circumstances, so advise the 
responsible party. If the responsible party does not respond properly 
the OSC shall take appropriate response actions and should notify the 
responsible party of the potential liability for federal response costs 
incurred by the OSC pursuant to the OPA and CWA. Where practicable, 
continuing efforts should be made to encourage response by responsible 
parties.
    (1) In carrying out a response under this section, the OSC may:
    (i) Remove or arrange for the removal of a discharge, and mitigate 
or prevent a substantial threat of a discharge, at any time;
    (ii) Direct or monitor all federal, state, and private actions to 
remove a discharge; and
    (iii) Remove and, if necessary, destroy a vessel discharging, or 
threatening to discharge, by whatever means are available.
    (2) If the discharge results in a substantial threat to the public 
health or welfare of the United States (including, but not limited to 
fish, shellfish, wildlife, other natural resources, and the public and 
private beaches and shorelines of the United States), the OSC must 
direct all response efforts, as provided in Sec. 300.322(b) of this 
part. The OSC should declare as expeditiously as practicable to spill 
response participants that the federal government will

[[Page 50]]

direct the response. The OSC may act without regard to any other 
provision of the law governing contracting procedures or employment of 
personnel by the federal government in removing or arranging for the 
removal of such a discharge.
    (e) The OSC shall ensure that the natural resource trustees are 
promptly notified in the event of any discharge of oil, to the maximum 
extent practicable as provided in the Fish and Wildlife and Sensitive 
Environments Plan annex to the ACP for the area in which the discharge 
occurs. The OSC and the trustees shall coordinate assessments, 
evaluations, investigations, and planning with respect to appropriate 
removal actions. The OSC shall consult with the affected trustees on the 
appropriate removal action to be taken. The trustees will provide timely 
advice concerning recommended actions with regard to trustee resources 
potentially affected. The trustees also will assure that the OSC is 
informed of their activities in natural resource damage assessment that 
may affect response operations. The trustees shall assure, through the 
lead administrative trustee, that all data from the natural resource 
damage assessment activities that may support more effective operational 
decisions are provided in a timely manner to the OSC. When circumstances 
permit, the OSC shall share the use of non-monetary response resources 
(i.e., personnel and equipment) with the trustees, provided trustee 
activities do not interfere with response actions. The lead 
administrative trustee facilitates effective and efficient communication 
between the OSC and the other trustees during response operations and is 
responsible for applying to the OSC for non-monetary federal response 
resources on behalf of all trustees. The lead administrative trustee is 
also responsible for applying to the NPFC for funding for initiation of 
damage assessment for injuries to natural resources.



Sec. 300.310  Phase III--Containment, countermeasures, cleanup, and 
disposal.

    (a) Defensive actions shall begin as soon as possible to prevent, 
minimize, or mitigate threat(s) to the public health or welfare of the 
United States or the environment. Actions may include but are not 
limited to: Analyzing water samples to determine the source and spread 
of the oil; controlling the source of discharge; measuring and sampling; 
source and spread control or salvage operations; placement of physical 
barriers to deter the spread of the oil and to protect natural resources 
and sensitive ecosystems; control of the water discharged from upstream 
impoundment; and the use of chemicals and other materials in accordance 
with subpart J of this part to restrain the spread of the oil and 
mitigate its effects. The ACP prepared under Sec. 300.210(c) should be 
consulted for procedures to be followed for obtaining an expedited 
decision regarding the use of dispersants and other products listed on 
the NCP Product Schedule.
    (b) As appropriate, actions shall be taken to recover the oil or 
mitigate its effects. Of the numerous chemical or physical methods that 
may be used, the chosen methods shall be the most consistent with 
protecting public health and welfare and the environment. Sinking agents 
shall not be used.
    (c) Oil and contaminated materials recovered in cleanup operations 
shall be disposed of in accordance with the RCP, ACP, and any applicable 
laws, regulations, or requirements. RRT and Area Committee guidelines 
may identify the disposal options available during an oil spill response 
and may describe what disposal requirements are mandatory or may not be 
waived by the OSC. ACP guidelines should address: the sampling, testing, 
and classifying of recovered oil and oiled debris; the segregation, 
temporary storage, and stockpiling of recovered oil and oiled debris; 
prior state disposal approvals and permits; and the routes; methods 
(e.g. recycle/reuse, on-site burning, incineration, landfilling, etc.); 
and sites for the disposal of collected oil, oiled debris, and animal 
carcasses; and procedures for obtaining waivers, exemptions, or 
authorizations associated with handling or transporting waste materials. 
The ACPs may identify a hierarchy of preferences for disposal 
alternatives, with recycling (reprocessing) being the most preferred, 
and other alternatives preferred based

[[Page 51]]

on priorities for health or the environment.



Sec. 300.315  Phase IV--Documentation and cost recovery.

    (a) All OSLTF users need to collect and maintain documentation to 
support all actions taken under the CWA. In general, documentation shall 
be sufficient to support full cost recovery for resources utilized and 
shall identify the source and circumstances of the incident, the 
responsible party or parties, and impacts and potential impacts to 
public health and welfare and the environment. Documentation procedures 
are contained in 33 CFR part 136.
    (b) When appropriate, documentation shall also be collected for 
scientific understanding of the environment and for research and 
development of improved response methods and technology. Funding for 
these actions is restricted by section 6002 of the OPA.
    (c) OSCs shall submit OSC reports to the NRT or RRT, only if 
requested, as provided by Sec. 300.165.
    (d) OSCs shall ensure the necessary collection and safeguarding of 
information, samples, and reports. Samples and information shall be 
gathered expeditiously during the response to ensure an accurate record 
of the impacts incurred. Documentation materials shall be made available 
to the trustees of affected natural resources. The OSC shall make 
available to trustees of the affected natural resources information and 
documentation in the OSC's possession that can assist the trustees in 
the determination of actual or potential natural resource injuries.
    (e) Information and reports obtained by the EPA or USCG OSC shall be 
transmitted to the appropriate offices responsible for follow-up 
actions.



Sec. 300.317  National response priorities.

    (a) Safety of human life must be given the top priority during every 
response action. This includes any search and rescue efforts in the 
general proximity of the discharge and the insurance of safety of 
response personnel.
    (b) Stabilizing the situation to preclude the event from worsening 
is the next priority. All efforts must be focused on saving a vessel 
that has been involved in a grounding, collision, fire, or explosion, so 
that it does not compound the problem. Comparable measures should be 
taken to stabilize a situation involving a facility, pipeline, or other 
source of pollution. Stabilizing the situation includes securing the 
source of the spill and/or removing the remaining oil from the container 
(vessel, tank, or pipeline) to prevent additional oil spillage, to 
reduce the need for follow-up response action, and to minimize adverse 
impact to the environment.
    (c) The response must use all necessary containment and removal 
tactics in a coordinated manner to ensure a timely, effective response 
that minimizes adverse impact to the environment.
    (d) All parts of this national response strategy should be addressed 
concurrently, but safety and stabilization are the highest priorities. 
The OSC should not delay containment and removal decisions unnecessarily 
and should take actions to minimize adverse impact to the environment 
that begins as soon as a discharge occurs, as well as actions to 
minimize further adverse environmental impact from additional 
discharges.
    (e) The priorities set forth in this section are broad in nature, 
and should not be interpreted to preclude the consideration of other 
priorities that may arise on a site-specific basis.



Sec. 300.320  General pattern of response.

    (a) When the OSC receives a report of a discharge, actions normally 
should be taken in the following sequence:
    (1) Investigate the report to determine pertinent information such 
as the threat posed to public health or welfare of the United States or 
the environment, the type and quantity of polluting material, and the 
source of the discharge.
    (2) Officially classify the size (i.e., minor, medium, major) and 
type (i.e., substantial threat to the public health or welfare of the 
United States, worst case discharge) of the discharge and determine the 
course of action to be followed to ensure effective and immediate 
removal, mitigation, or prevention of the discharge. Some discharges 
that are classified as a substantial threat to the public health or 
welfare

[[Page 52]]

of the United States may be further classified as a spill of national 
significance by the Administrator of EPA or the Commandant of the USCG. 
The appropriate course of action may be prescribed in Sec. Sec. 
300.322, 300.323, and 300.324.
    (i) When the reported discharge is an actual or potential major 
discharge, the OSC shall immediately notify the RRT and the NRC.
    (ii) When the investigation shows that an actual or potential medium 
discharge exists, the OSC shall recommend activation of the RRT, if 
appropriate.
    (iii) When the investigation shows that an actual or potential minor 
discharge exists, the OSC shall monitor the situation to ensure that 
proper removal action is being taken.
    (3) If the OSC determines that effective and immediate removal, 
mitigation, or prevention of a discharge can be achieved by private 
party efforts, and where the discharge does not pose a substantial 
threat to the public health or welfare of the United States, determine 
whether the responsible party or other person is properly carrying out 
removal. Removal is being done properly when:
    (i) The responsible party is applying the resources called for in 
its response plan to effectively and immediately remove, minimize, or 
mitigate threat(s) to public health and welfare and the environment; and
    (ii) The removal efforts are in accordance with applicable 
regulations, including the NCP. Even if the OSC supplements responsible 
party resources with government resources, the spill response will not 
be considered improper, unless specifically determined by the OSC.
    (4) Where appropriate, determine whether a state or political 
subdivision thereof has the capability to carry out any or all removal 
actions. If so, the OSC may arrange funding to support these actions.
    (5) Ensure prompt notification of the trustees of affected natural 
resources in accordance with the applicable RCP and ACP.
    (b) Removal shall be considered complete when so determined by the 
OSC in consultation with the Governor or Governors of the affected 
states. When the OSC considers removal complete, OSLTF removal funding 
shall end. This determination shall not preclude additional removal 
actions under applicable state law.



Sec. 300.322  Response to substantial threats to public health or 
welfare of the United States.

    (a) As part of the investigation described in Sec. 300.320, the OSC 
shall determine whether a discharge results in a substantial threat to 
public health or welfare of the United States (including, but not 
limited to, fish, shellfish, wildlife, other natural resources, and the 
public and private beaches and shorelines of the United States). Factors 
to be considered by the OSC in making this determination include, but 
are not limited to, the size of the discharge, the character of the 
discharge, and the nature of the threat to public health or welfare of 
the United States. Upon obtaining such information, the OSC shall 
conduct an evaluation of the threat posed, based on the OSC's experience 
in assessing other discharges, and consultation with senior lead agency 
officials and readily available authorities on issues outside the OSC's 
technical expertise.
    (b) If the investigation by the OSC shows that the discharge poses 
or may present a substantial threat to public health or welfare of the 
United States, the OSC shall direct all federal, state, or private 
actions to remove the discharge or to mitigate or prevent the threat of 
such a discharge, as appropriate. In directing the response in such 
cases, the OSC may act without regard to any other provision of law 
governing contracting procedures or employment of personnel by the 
federal government to:
    (1) Remove or arrange for the removal of the discharge;
    (2) Mitigate or prevent the substantial threat of the discharge; and
    (3) Remove and, if necessary, destroy a vessel discharging, or 
threatening to discharge, by whatever means are available.
    (c) In the case of a substantial threat to public health or welfare 
of the United States, the OSC shall:

[[Page 53]]

    (1) Assess opportunities for the use of various special teams and 
other assistance described in Sec. 300.145, including the use of the 
services of the NSFCC, as appropriate;
    (2) Request immediate activation of the RRT; and
    (3) Take whatever additional response actions are deemed 
appropriate, including, but not limited to, implementation of the ACP as 
required by section 311(j)(4) of the CWA or relevant tank vessel or 
facility response plan required by section 311(j)(5) of the CWA. When 
requested by the OSC, the lead agency or RRT shall dispatch appropriate 
personnel to the scene of the discharge to assist the OSC. This 
assistance may include technical support in the agency's areas of 
expertise and disseminating information to the public. The lead agency 
shall ensure that a contracting officer is available on scene, at the 
request of the OSC.



Sec. 300.323  Spills of national significance.

    (a) A discharge may be classified as a spill of national 
significance (SONS) by the Administrator of EPA for discharges occurring 
in the inland zone and the Commandant of the USCG for discharges 
occurring in the coastal zone.
    (b) For a SONS in the inland zone, the EPA Administrator may name a 
senior Agency official to assist the OSC in communicating with affected 
parties and the public and coordinating federal, state, local, and 
international resources at the national level. This strategic 
coordination will involve, as appropriate, the NRT, RRT(s), the 
Governor(s) of affected state(s), and the mayor(s) or other chief 
executive(s) of local government(s).
    (c) For a SONS in the coastal zone, the USCG Commandant may name a 
National Incident Commander (NIC) who will assume the role of the OSC in 
communicating with affected parties and the public, and coordinating 
federal, state, local, and international resources at the national 
level. This strategic coordination will involve, as appropriate, the 
NRT, RRT(s), the Governor(s) of affected state(s), and the mayor(s) or 
other chief executive(s) of local government(s).



Sec. 300.324  Response to worst case discharges.

    (a) If the investigation by the OSC shows that a discharge is a 
worst case discharge as defined in the ACP, or there is a substantial 
threat of such a discharge, the OSC shall:
    (1) Notify the NSFCC;
    (2) Require, where applicable, implementation of the worst case 
portion of an approved tank vessel or facility response plan required by 
section 311(j)(5) of the CWA;
    (3) Implement the worst case portion of the ACP required by section 
311(j)(4) of the CWA; and
    (4) Take whatever additional response actions are deemed 
appropriate.
    (b) Under the direction of the OSC, the NSFCC shall coordinate use 
of private and public personnel and equipment, including strike teams, 
to remove a worst case discharge and mitigate or prevent a substantial 
threat of such a discharge.



Sec. 300.335  Funding.

    (a) The OSLTF is available under certain circumstances to fund 
removal of oil performed under section 311 of the CWA. Those 
circumstances and the procedures for accessing the OSLTF are described 
in 33 CFR part 136. The responsible party is liable for costs of federal 
removal and damages in accordance with section 311(f) of the CWA, 
section 1002 of the OPA, and other federal laws.
    (b) Where the OSC requests assistance from a federal agency, that 
agency may be reimbursed in accordance with the provisions of 33 CFR 
part 136. Specific interagency reimbursement agreements may be used when 
necessary to ensure that the federal resources will be available for a 
timely response to a discharge of oil.
    (c) Procedures for funding the initiation of natural resource damage 
assessment are covered in 33 CFR part 136.
    (d) Response actions other than removal, such as scientific 
investigations not in support of removal actions or law enforcement, 
shall be provided by the agency with legal responsibility for those 
specific actions.

[[Page 54]]

    (e) The funding of a response to a discharge from a federally owned, 
operated, or supervised facility or vessel is the responsibility of the 
owning, operating, or supervising agency if it is a responsible party.
    (f) The following agencies have funds available for certain 
discharge removal actions:
    (1) DOD has two specific sources of funds that may be applicable to 
an oil discharge under appropriate circumstances. This does not consider 
military resources that might be made available under specific 
conditions.
    (i) Funds required for removal of a sunken vessel or similar 
obstruction of navigation are available to the Corps of Engineers 
through Civil Works Appropriations, Operations and Maintenance, General.
    (ii) USN may conduct salvage operations contingent on defense 
operational commitments, when funded by the requesting agency. Such 
funding may be requested on a direct cite basis.
    (2) Pursuant to Title I of the OPA, the state or states affected by 
a discharge of oil may act where necessary to remove such discharge. 
Pursuant to 33 CFR part 136 states may be reimbursed from the OSLTF for 
the reasonable costs incurred in such a removal.



                 Subpart E_Hazardous Substance Response

    Source: 55 FR 8839, Mar. 8, 1990, unless otherwise noted.



Sec. 300.400  General.

    (a) This subpart establishes methods and criteria for determining 
the appropriate extent of response authorized by CERCLA and CWA section 
311(c):
    (1) When there is a release of a hazardous substance into the 
environment; or
    (2) When there is a release into the environment of any pollutant or 
contaminant that may present an imminent and substantial danger to the 
public health or welfare of the United States.
    (b) Limitations on response. Unless the lead agency determines that 
a release constitutes a public health or environmental emergency and no 
other person with the authority and capability to respond will do so in 
a timely manner, a removal or remedial action under section 104 of 
CERCLA shall not be undertaken in response to a release:
    (1) Of a naturally occurring substance in its unaltered form, or 
altered solely through naturally occurring processes or phenomena, from 
a location where it is naturally found;
    (2) From products that are part of the structure of, and result in 
exposure within, residential buildings or business or community 
structures; or
    (3) Into public or private drinking water supplies due to 
deterioration of the system through ordinary use.
    (c) Fund-financed action. In determining the need for and in 
planning or undertaking Fund-financed action, the lead agency shall, to 
the extent practicable:
    (1) Engage in prompt response;
    (2) Provide for state participation in response actions, as 
described in subpart F of this part;
    (3) Conserve Fund monies by encouraging private party response;
    (4) Be sensitive to local community concerns;
    (5) Consider using treatment technologies;
    (6) Involve the Regional Response Team (RRT) in both removal and 
remedial response actions at appropriate decision-making stages;
    (7) Encourage the involvement and sharing of technology by industry 
and other experts; and
    (8) Encourage the involvement of organizations to coordinate 
responsible party actions, foster site response, and provide technical 
advice to the public, federal and state governments, and industry.
    (d) Entry and access. (1) For purposes of determining the need for 
response, or choosing or taking a response action, or otherwise 
enforcing the provisions of CERCLA, EPA, or the appropriate federal 
agency, and a state or political subdivision operating pursuant to a 
contract or cooperative agreement under CERCLA section 104(d)(1), has 
the authority to enter any vessel, facility, establishment or other 
place, property, or location described in paragraph (d)(2) of this 
section and conduct, complete, operate, and maintain any

[[Page 55]]

response actions authorized by CERCLA or these regulations.
    (2)(i) Under the authorities described in paragraph (d)(1) of this 
section, EPA, or the appropriate federal agency, and a state or 
political subdivision operating pursuant to a contract or cooperative 
agreement under CERCLA section 104(d)(1), may enter:
    (A) Any vessel, facility, establishment, or other place or property 
where any hazardous substance or pollutant or contaminant may be or has 
been generated, stored, treated, disposed of, or transported from;
    (B) Any vessel, facility, establishment, or other place or property 
from which, or to which, a hazardous substance or pollutant or 
contaminant has been, or may have been, released or where such release 
is or may be threatened;
    (C) Any vessel, facility, establishment, or other place or property 
where entry is necessary to determine the need for response or the 
appropriate response or to effectuate a response action; or
    (D) Any vessel, facility, establishment, or other place, property, 
or location adjacent to those vessels, facilities, establishments, 
places, or properties described in paragraphs (d)(2)(i)(A), (B), or (C) 
of this section.
    (ii) Once a determination has been made that there is a reasonable 
basis to believe that there has been or may be a release, EPA, or the 
appropriate federal agency, and a state or political subdivision 
operating pursuant to a contract or cooperative agreement under CERCLA 
section 104(d)(1), is authorized to enter all vessels, facilities, 
establishments, places, properties, or locations specified in paragraph 
(d)(2)(i) of this section, at which the release is believed to be, and 
all other vessels, facilities, establishments, places, properties, or 
locations identified in paragraph (d)(2)(i) of this section that are 
related to the response or are necessary to enter in responding to that 
release.
    (3) The lead agency may designate as its representative solely for 
the purpose of access, among others, one or more potentially responsible 
parties, including representatives, employees, agents, and contractors 
of such parties. EPA, or the appropriate federal agency, may exercise 
the authority contained in section 104(e) of CERCLA to obtain access for 
its designated representative. A potentially responsible party may only 
be designated as a representative of the lead agency where that 
potentially responsible party has agreed to conduct response activities 
pursuant to an administrative order or consent decree.
    (4)(i) If consent is not granted under the authorities described in 
paragraph (d)(1) of this section, or if consent is conditioned in any 
manner, EPA, or the appropriate federal agency, may issue an order 
pursuant to section 104(e)(5) of CERCLA directing compliance with the 
request for access made under Sec. 300.400(d)(1). EPA or the 
appropriate federal agency may ask the Attorney General to commence a 
civil action to compel compliance with either a request for access or an 
order directing compliance.
    (ii) EPA reserves the right to proceed, where appropriate, under 
applicable authority other than CERCLA section 104(e).
    (iii) The administrative order may direct compliance with a request 
to enter or inspect any vessel, facility, establishment, place, 
property, or location described in paragraph (d)(2) of this section.
    (iv) Each order shall contain:
    (A) A determination by EPA, or the appropriate federal agency, that 
it is reasonable to believe that there may be or has been a release or 
threat of a release of a hazardous substance or pollutant or contaminant 
and a statement of the facts upon which the determination is based;
    (B) A description, in light of CERCLA response authorities, of the 
purpose and estimated scope and duration of the entry, including a 
description of the specific anticipated activities to be conducted 
pursuant to the order;
    (C) A provision advising the person who failed to consent that an 
officer or employee of the agency that issued the order will be 
available to confer with respondent prior to effective date of the 
order; and
    (D) A provision advising the person who failed to consent that a 
court may impose a penalty of up to $25,000 per

[[Page 56]]

day for unreasonable failure to comply with the order.
    (v) Orders shall be served upon the person or responsible party who 
failed to consent prior to their effective date. Force shall not be used 
to compel compliance with an order.
    (vi) Orders may not be issued for any criminal investigations.
    (e) Permit requirements. (1) No federal, state, or local permits are 
required for on-site response actions conducted pursuant to CERCLA 
sections 104, 106, 120, 121, or 122. The term on-site means the areal 
extent of contamination and all suitable areas in very close proximity 
to the contamination necessary for implementation of the response 
action.
    (2) Permits, if required, shall be obtained for all response 
activities conducted off-site.
    (f) Health assessments. Health assessments shall be performed by 
ATSDR at facilities on or proposed to be listed on the NPL and may be 
performed at other releases or facilities in response to petitions made 
to ATSDR. Where available, these health assessments may be used by the 
lead agency to assist in determining whether response actions should be 
taken and/or to identify the need for additional studies to assist in 
the assessment of potential human health effects associated with 
releases or potential releases of hazardous substances.
    (g) Identification of applicable or relevant and appropriate 
requirements. (1) The lead and support agencies shall identify 
requirements applicable to the release or remedial action contemplated 
based upon an objective determination of whether the requirement 
specifically addresses a hazardous substance, pollutant, contaminant, 
remedial action, location, or other circumstance found at a CERCLA site.
    (2) If, based upon paragraph (g)(1) of this section, it is 
determined that a requirement is not applicable to a specific release, 
the requirement may still be relevant and appropriate to the 
circumstances of the release. In evaluating relevance and 
appropriateness, the factors in paragraphs (g)(2)(i) through (viii) of 
this section shall be examined, where pertinent, to determine whether a 
requirement addresses problems or situations sufficiently similar to the 
circumstances of the release or remedial action contemplated, and 
whether the requirement is well-suited to the site, and therefore is 
both relevant and appropriate. The pertinence of each of the following 
factors will depend, in part, on whether a requirement addresses a 
chemical, location, or action. The following comparisons shall be made, 
where pertinent, to determine relevance and appropriateness:
    (i) The purpose of the requirement and the purpose of the CERCLA 
action;
    (ii) The medium regulated or affected by the requirement and the 
medium contaminated or affected at the CERCLA site;
    (iii) The substances regulated by the requirement and the substances 
found at the CERCLA site;
    (iv) The actions or activities regulated by the requirement and the 
remedial action contemplated at the CERCLA site;
    (v) Any variances, waivers, or exemptions of the requirement and 
their availability for the circumstances at the CERCLA site;
    (vi) The type of place regulated and the type of place affected by 
the release or CERCLA action;
    (vii) The type and size of structure or facility regulated and the 
type and size of structure or facility affected by the release or 
contemplated by the CERCLA action;
    (viii) Any consideration of use or potential use of affected 
resources in the requirement and the use or potential use of the 
affected resource at the CERCLA site.
    (3) In addition to applicable or relevant and appropriate 
requirements, the lead and support agencies may, as appropriate, 
identify other advisories, criteria, or guidance to be considered for a 
particular release. The ``to be considered'' (TBC) category consists of 
advisories, criteria, or guidance that were developed by EPA, other 
federal agencies, or states that may be useful in developing CERCLA 
remedies.
    (4) Only those state standards that are promulgated, are identified 
by the state in a timely manner, and are more stringent than federal 
requirements

[[Page 57]]

may be applicable or relevant and appropriate. For purposes of 
identification and notification of promulgated state standards, the term 
promulgated means that the standards are of general applicability and 
are legally enforceable.
    (5) The lead agency and support agency shall identify their specific 
requirements that are applicable or relevant and appropriate for a 
particular site. These agencies shall notify each other, in a timely 
manner as described in Sec. 300.515(d), of the requirements they have 
determined to be applicable or relevant and appropriate. When 
identifying a requirement as an ARAR, the lead agency and support agency 
shall include a citation to the statute or regulation from which the 
requirement is derived.
    (6) Notification of ARARs shall be according to procedures and 
timeframes specified in Sec. 300.515 (d)(2) and (h)(2).
    (h) Oversight. The lead agency may provide oversight for actions 
taken by potentially responsible parties to ensure that a response is 
conducted consistent with this part. The lead agency may also monitor 
the actions of third parties preauthorized under subpart H of this part. 
EPA will provide oversight when the response is pursuant to an EPA order 
or federal consent decree.
    (i) Other. (1) This subpart does not establish any preconditions to 
enforcement action by either the federal or state governments to compel 
response actions by potentially responsible parties.
    (2) While much of this subpart is oriented toward federally funded 
response actions, this subpart may be used as guidance concerning 
methods and criteria for response actions by other parties under other 
funding mechanisms. Except as provided in subpart H of this part, 
nothing in this part is intended to limit the rights of any person to 
seek recovery of response costs from responsible parties pursuant to 
CERCLA section 107.
    (3) Activities by the federal and state governments in implementing 
this subpart are discretionary governmental functions. This subpart does 
not create in any private party a right to federal response or 
enforcement action. This subpart does not create any duty of the federal 
government to take any response action at any particular time.

[55 FR 8839, Mar. 8, 1990, as amended at 59 FR 47447, Sept. 15, 1994]



Sec. 300.405  Discovery or notification.

    (a) A release may be discovered through:
    (1) A report submitted in accordance with section 103(a) of CERCLA, 
i.e., reportable quantities codified at 40 CFR part 302;
    (2) A report submitted to EPA in accordance with section 103(c) of 
CERCLA;
    (3) Investigation by government authorities conducted in accordance 
with section 104(e) of CERCLA or other statutory authority;
    (4) Notification of a release by a federal or state permit holder 
when required by its permit;
    (5) Inventory or survey efforts or random or incidental observation 
reported by government agencies or the public;
    (6) Submission of a citizen petition to EPA or the appropriate 
federal facility requesting a preliminary assessment, in accordance with 
section 105(d) of CERCLA;
    (7) A report submitted in accordance with section 311(b)(5) of the 
CWA; and
    (8) Other sources.
    (b) Any person in charge of a vessel or a facility shall report 
releases as described in paragraph (a)(1) of this section to the 
National Response Center (NRC). If direct reporting to the NRC is not 
practicable, reports may be made to the United States Coast Guard (USCG) 
on-scene coordinator (OSC) for the geographic area where the release 
occurs. The EPA predesignated OSC may also be contacted through the 
regional 24-hour emergency response telephone number. All such reports 
shall be promptly relayed to the NRC. If it is not possible to notify 
the NRC or predesignated OSC immediately, reports may be made 
immediately to the nearest USCG unit. In any event, such person in 
charge of the vessel or facility shall notify the NRC as soon as 
possible.
    (c) All other reports of releases described under paragraph (a) of 
this section, except releases reported under paragraphs (a)(2) and (6) 
of this section,

[[Page 58]]

shall, as appropriate, be made to the NRC.
    (d) The NRC will generally need information that will help to 
characterize the release. This will include, but not be limited to: 
Location of the release; type(s) of material(s) released; an estimate of 
the quantity of material released; possible source of the release; and 
date and time of the release. Reporting under paragraphs (b) and (c) of 
this section shall not be delayed due to incomplete notification 
information.
    (e) Upon receipt of a notification of a release, the NRC shall 
promptly notify the appropriate OSC. The OSC shall notify the Governor, 
or designee, of the state affected by the release.
    (f)(1) When the OSC is notified of a release that may require 
response pursuant to Sec. 300.415(b), a removal site evaluation shall, 
as appropriate, be promptly undertaken pursuant to Sec. 300.410.
    (2) When notification indicates that removal action pursuant to 
Sec. 300.415(b) is not required, a remedial site evaluation shall, if 
appropriate, be undertaken by the lead agency pursuant to Sec. 300.420, 
if one has not already been performed.
    (3) If radioactive substances are present in a release, the EPA 
Radiological Response Coordinator should be notified for evaluation and 
assistance either directly or via the NRC, consistent with Sec. Sec. 
300.130(e) and 300.145(f).
    (g) Release notification made to the NRC under this section does not 
relieve the owner/operator of a facility from any obligations to which 
it is subject under SARA Title III or state law. In particular, it does 
not relieve the owner/operator from the requirements of section 304 of 
SARA Title III and 40 CFR part 355 and Sec. 300.215(f) of this part for 
notifying the community emergency coordinator for the appropriate local 
emergency planning committee of all affected areas and the state 
emergency response commission of any state affected that there has been 
a release. Federal agencies are not legally obligated to comply with the 
requirements of Title III of SARA.

[55 FR 8839, Mar. 8, 1990, as amended at 59 FR 47447, Sept. 15, 1994]



Sec. 300.410  Removal site evaluation.

    (a) A removal site evaluation includes a removal preliminary 
assessment and, if warranted, a removal site inspection.
    (b) A removal site evaluation of a release identified for possible 
CERCLA response pursuant to Sec. 300.415 shall, as appropriate, be 
undertaken by the lead agency as promptly as possible. The lead agency 
may perform a removal preliminary assessment in response to petitions 
submitted by a person who is, or may be, affected by a release of a 
hazardous substance, pollutant, or contaminant pursuant to Sec. 
300.420(b)(5).
    (c)(1) The lead agency shall, as appropriate, base the removal 
preliminary assessment on readily available information. A removal 
preliminary assessment may include, but is not limited to:
    (i) Identification of the source and nature of the release or threat 
of release;
    (ii) Evaluation by ATSDR or by other sources, for example, state 
public health agencies, of the threat to public health;
    (iii) Evaluation of the magnitude of the threat;
    (iv) Evaluation of factors necessary to make the determination of 
whether a removal is necessary; and
    (v) Determination of whether a nonfederal party is undertaking 
proper response.
    (2) A removal preliminary assessment of releases from hazardous 
waste management facilities may include collection or review of data 
such as site management practices, information from generators, 
photographs, analysis of historical photographs, literature searches, 
and personal interviews conducted, as appropriate.
    (d) A removal site inspection may be performed if more information 
is needed. Such inspection may include a perimeter (i.e., off-site) or 
on-site inspection, taking into consideration whether such inspection 
can be performed safely.
    (e)(1) As part of the evaluation under this section, the OSC shall 
determine whether a release governed by CWA section 311(c)(1), as 
amended by OPA section 4201(a), has occurred.

[[Page 59]]

    (2) If such a release of a CWA hazardous substance has occurred, the 
OSC shall determine whether the release results in a substantial threat 
to the public health or welfare of the United States. Factors to be 
considered by the OSC in making this determination include, but are not 
limited to, the size of the release, the character of the release, and 
the nature of the threat to public health or welfare of the United 
States. Upon obtaining relevant elements of such information, the OSC 
shall conduct an evaluation of the threat posed, based on the OSC's 
experience in assessing other releases, and consultation with senior 
lead agency officials and readily available authorities on issues 
outside the OSC's technical expertise.
    (f) A removal site evaluation shall be terminated when the OSC or 
lead agency determines:
    (1) There is no release;
    (2) The source is neither a vessel nor a facility as defined in 
Sec. 300.5 of the NCP;
    (3) The release involves neither a hazardous substance, nor a 
pollutant or contaminant that may present an imminent and substantial 
danger to public health or welfare of the United States;
    (4) The release consists of a situation specified in Sec. 
300.400(b)(1) through (3) subject to limitations on response;
    (5) The amount, quantity, or concentration released does not warrant 
federal response;
    (6) A party responsible for the release, or any other person, is 
providing appropriate response, and on-scene monitoring by the 
government is not required; or
    (7) The removal site evaluation is completed.
    (g) The results of the removal site evaluation shall be documented.
    (h) The OSC or lead agency shall ensure that natural resource 
trustees are promptly notified in order that they may initiate 
appropriate actions, including those identified in subpart G of this 
part. The OSC or lead agency shall coordinate all response activities 
with such affected trustees.
    (i) If the removal site evaluation indicates that removal action 
under Sec. 300.415 is not required, but that remedial action under 
Sec. 300.430 may be necessary, the lead agency shall, as appropriate, 
initiate a remedial site evaluation pursuant to Sec. 300.420.

[59 FR 47448, Sept. 15, 1994]



Sec. 300.415  Removal action.

    (a)(1) In determining the appropriate extent of action to be taken 
in response to a given release, the lead agency shall first review the 
removal site evaluation, any information produced through a remedial 
site evaluation, if any has been done previously, and the current site 
conditions, to determine if removal action is appropriate.
    (2) Where the responsible parties are known, an effort initially 
shall be made, to the extent practicable, to determine whether they can 
and will perform the necessary removal action promptly and properly.
    (3) This section does not apply to removal actions taken pursuant to 
section 104(b) of CERCLA. The criteria for such actions are set forth in 
section 104(b) of CERCLA.
    (b)(1) At any release, regardless of whether the site is included on 
the National Priorities List (NPL), where the lead agency makes the 
determination, based on the factors in paragraph (b)(2) of this section, 
that there is a threat to public health or welfare of the United States 
or the environment, the lead agency may take any appropriate removal 
action to abate, prevent, minimize, stabilize, mitigate, or eliminate 
the release or the threat of release.
    (2) The following factors shall be considered in determining the 
appropriateness of a removal action pursuant to this section:
    (i) Actual or potential exposure to nearby human populations, 
animals, or the food chain from hazardous substances or pollutants or 
contaminants;
    (ii) Actual or potential contamination of drinking water supplies or 
sensitive ecosystems;
    (iii) Hazardous substances or pollutants or contaminants in drums, 
barrels, tanks, or other bulk storage containers, that may pose a threat 
of release;
    (iv) High levels of hazardous substances or pollutants or 
contaminants

[[Page 60]]

in soils largely at or near the surface, that may migrate;
    (v) Weather conditions that may cause hazardous substances or 
pollutants or contaminants to migrate or be released;
    (vi) Threat of fire or explosion;
    (vii) The availability of other appropriate federal or state 
response mechanisms to respond to the release; and
    (viii) Other situations or factors that may pose threats to public 
health or welfare of the United States or the environment.
    (3) If the lead agency determines that a removal action is 
appropriate, actions shall, as appropriate, begin as soon as possible to 
abate, prevent, minimize, stabilize, mitigate, or eliminate the threat 
to public health or welfare of the United States or the environment. The 
lead agency shall, at the earliest possible time, also make any 
necessary determinations pursuant to paragraph (b)(4) of this section.
    (4) Whenever a planning period of at least six months exists before 
on-site activities must be initiated, and the lead agency determines, 
based on a site evaluation, that a removal action is appropriate:
    (i) The lead agency shall conduct an engineering evaluation/cost 
analysis (EE/CA) or its equivalent. The EE/CA is an analysis of removal 
alternatives for a site.
    (ii) If environmental samples are to be collected, the lead agency 
shall develop sampling and analysis plans that shall provide a process 
for obtaining data of sufficient quality and quantity to satisfy data 
needs. Sampling and analysis plans shall be reviewed and approved by 
EPA. The sampling and analysis plans shall consist of two parts:
    (A) The field sampling plan, which describes the number, type, and 
location of samples and the type of analyses; and
    (B) The quality assurance project plan, which describes policy, 
organization, and functional activities and the data quality objectives 
and measures necessary to achieve adequate data for use in planning and 
documenting the removal action.
    (5) CERCLA fund-financed removal actions, other than those 
authorized under section 104(b) of CERCLA, shall be terminated after $2 
million has been obligated for the action or 12 months have elapsed from 
the date that removal activities begin on-site, unless the lead agency 
determines that:
    (i) There is an immediate risk to public health or welfare of the 
United States or the environment; continued response actions are 
immediately required to prevent, limit, or mitigate an emergency; and 
such assistance will not otherwise be provided on a timely basis; or
    (ii) Continued response action is otherwise appropriate and 
consistent with the remedial action to be taken.
    (c)(1) In carrying out a response to a release of a CWA hazardous 
substance, as described in CWA section 311(c)(1), as amended by OPA 
section 4201(a), the OSC may:
    (i) Remove or arrange for the removal of a release, and mitigate or 
prevent a substantial threat of a release, at any time;
    (ii) Direct or monitor all federal, state, and private actions to 
remove a release; and
    (iii) Remove and, if necessary, destroy a vessel releasing or 
threatening to release CWA hazardous substances, by whatever means are 
available.
    (2) If the investigation by the OSC under Sec. 300.410 shows that 
the release of a CWA hazardous substance results in a substantial threat 
to public health or welfare of the United States, the OSC shall direct 
all federal, state, or private actions to remove the release or to 
mitigate or prevent the threat of such a release, as appropriate. In 
directing the response, the OSC may act without regard to any other 
provision of law governing contracting procedures or employment of 
personnel by the federal government to:
    (i) Remove or arrange for the removal of the release;
    (ii) Mitigate or prevent the substantial threat of the release; and
    (iii) Remove and, if necessary, destroy a vessel releasing, or 
threatening to release, by whatever means are available.
    (3) In the case of a release of a CWA hazardous substance posing a 
substantial threat to public health or welfare of the United States, the 
OSC shall:

[[Page 61]]

    (i) Assess opportunities for the use of various special teams and 
other assistance described in Sec. 300.145, as appropriate;
    (ii) Request immediate activation of the RRT; and
    (iii) Take whatever additional response actions are deemed 
appropriate. When requested by the OSC, the lead agency or RRT shall 
dispatch appropriate personnel to the scene of the release to assist the 
OSC. This assistance may include technical support in the agency's areas 
of expertise and disseminating information to the public in accordance 
with Sec. 300.155. The lead agency shall ensure that a contracting 
officer is available on-scene, at the request of the OSC.
    (d) Removal actions shall, to the extent practicable, contribute to 
the efficient performance of any anticipated long-term remedial action 
with respect to the release concerned.
    (e) The following removal actions are, as a general rule, 
appropriate in the types of situations shown; however, this list is not 
exhaustive and is not intended to prevent the lead agency from taking 
any other actions deemed necessary under CERCLA, CWA section 311, or 
other appropriate federal or state enforcement or response authorities, 
and the list does not create a duty on the lead agency to take action at 
any particular time:
    (1) Fences, warning signs, or other security or site control 
precautions--where humans or animals have access to the release;
    (2) Drainage controls, for example, run-off or run-on diversion--
where needed to reduce migration of hazardous substances or pollutants 
or contaminants off-site or to prevent precipitation or run-off from 
other sources, for example, flooding, from entering the release area 
from other areas;
    (3) Stabilization of berms, dikes, or impoundments or drainage or 
closing of lagoons--where needed to maintain the integrity of the 
structures;
    (4) Capping of contaminated soils or sludges--where needed to reduce 
migration of hazardous substances or pollutants or contaminants into 
soil, ground or surface water, or air;
    (5) Using chemicals and other materials to retard the spread of the 
release or to mitigate its effects--where the use of such chemicals will 
reduce the spread of the release;
    (6) Excavation, consolidation, or removal of highly contaminated 
soils from drainage or other areas--where such actions will reduce the 
spread of, or direct contact with, the contamination;
    (7) Removal of drums, barrels, tanks, or other bulk containers that 
contain or may contain hazardous substances or pollutants or 
contaminants--where it will reduce the likelihood of spillage; leakage; 
exposure to humans, animals, or food chain; or fire or explosion;
    (8) Containment, treatment, disposal, or incineration of hazardous 
materials--where needed to reduce the likelihood of human, animal, or 
food chain exposure; or
    (9) Provision of alternative water supply--where necessary 
immediately to reduce exposure to contaminated household water and 
continuing until such time as local authorities can satisfy the need for 
a permanent remedy.
    (f) Where necessary to protect public health or welfare, the lead 
agency shall request that FEMA conduct a temporary relocation or that 
state/local officials conduct an evacuation.
    (g) If the lead agency determines that the removal action will not 
fully address the threat posed by the release and the release may 
require remedial action, the lead agency shall ensure an orderly 
transition from removal to remedial response activities.
    (h) CERCLA removal actions conducted by states under cooperative 
agreements, described in subpart F of this part, shall comply with all 
requirements of this section.
    (i) Facilities operated by a state or political subdivision at the 
time of disposal require a state cost share of at least 50 percent of 
Fund-financed response costs if a Fund-financed remedial action is 
conducted.
    (j) Fund-financed removal actions under CERCLA section 104 and 
removal actions pursuant to CERCLA section 106 shall, to the extent 
practicable considering the exigencies of the situation, attain 
applicable or relevant and appropriate requirements (ARARs) under

[[Page 62]]

federal environmental or state environmental or facility siting laws. 
Waivers described in Sec. 300.430(f)(1)(ii)(C) may be used for removal 
actions. Other federal and state advisories, criteria, or guidance may, 
as appropriate, be considered in formulating the removal action (see 
Sec. 300.400(g)(3)). In determining whether compliance with ARARs is 
practicable, the lead agency may consider appropriate factors, 
including:
    (1) The urgency of the situation; and
    (2) The scope of the removal action to be conducted.
    (k) Removal actions pursuant to section 106 or 122 of CERCLA are not 
subject to the following requirements of this section:
    (1) Section 300.415(a)(2) requirement to locate responsible parties 
and have them undertake the response;
    (2) Section 300.415(b)(2)(vii) requirement to consider the 
availability of other appropriate federal or state response and 
enforcement mechanisms to respond to the release;
    (3) Section 300.415(b)(5) requirement to terminate response after $2 
million has been obligated or 12 months have elapsed from the date of 
the initial response; and
    (4) Section 300.415(g) requirement to assure an orderly transition 
from removal to remedial action.
    (l) To the extent practicable, provision for post-removal site 
control following a CERCLA Fund-financed removal action at both NPL and 
non-NPL sites is encouraged to be made prior to the initiation of the 
removal action. Such post-removal site control includes actions 
necessary to ensure the effectiveness and integrity of the removal 
action after the completion of the on-site removal action or after the 
$2 million or 12-month statutory limits are reached for sites that do 
not meet the exemption criteria in paragraph (b)(5) of this section. 
Post-removal site control may be conducted by:
    (1) The affected state or political subdivision thereof or local 
units of government for any removal;
    (2) Potentially responsible parties; or
    (3) EPA's remedial program for some federal-lead Fund-financed 
responses at NPL sites.
    (m) OSCs/RPMs conducting removal actions shall submit OSC reports to 
the RRT as required by Sec. 300.165.
    (n) Community relations in removal actions. (1) In the case of all 
CERCLA removal actions taken pursuant to Sec. 300.415 or CERCLA 
enforcement actions to compel removal response, a spokesperson shall be 
designated by the lead agency. The spokesperson shall inform the 
community of actions taken, respond to inquiries, and provide 
information concerning the release. All news releases or statements made 
by participating agencies shall be coordinated with the OSC/RPM. The 
spokesperson shall notify, at a minimum, immediately affected citizens, 
state and local officials, and, when appropriate, civil defense or 
emergency management agencies.
    (2) For CERCLA actions where, based on the site evaluation, the lead 
agency determines that a removal is appropriate, and that less than six 
months exists before on-site removal activity must begin, the lead 
agency shall:
    (i) Publish a notice of availability of the administrative record 
file established pursuant to Sec. 300.820 in a major local newspaper of 
general circulation within 60 days of initiation of on-site removal 
activity;
    (ii) Provide a public comment period, as appropriate, of not less 
than 30 days from the time the administrative record file is made 
available for public inspection, pursuant to Sec. 300.820(b)(2); and
    (iii) Prepare a written response to significant comments pursuant to 
Sec. 300.820(b)(3).
    (3) For CERCLA removal actions where on-site action is expected to 
extend beyond 120 days from the initiation of on-site removal 
activities, the lead agency shall by the end of the 120-day period:
    (i) Conduct interviews with local officials, community residents, 
public interest groups, or other interested or affected parties, as 
appropriate, to solicit their concerns, information needs, and how or 
when citizens would like to be involved in the Superfund process;
    (ii) Prepare a formal community relations plan (CRP) based on the 
community interviews and other relevant information, specifying the 
community

[[Page 63]]

relations activities that the lead agency expects to undertake during 
the response; and
    (iii) Establish at least one local information repository at or near 
the location of the response action. The information repository should 
contain items made available for public information. Further, an 
administrative record file established pursuant to subpart I for all 
removal actions shall be available for public inspection in at least one 
of the repositories. The lead agency shall inform the public of the 
establishment of the information repository and provide notice of 
availability of the administrative record file for public review. All 
items in the repository shall be available for public inspection and 
copying.
    (4) Where, based on the site evaluation, the lead agency determines 
that a CERCLA removal action is appropriate and that a planning period 
of at least six months exists prior to initiation of the on-site removal 
activities, the lead agency shall at a minimum:
    (i) Comply with the requirements set forth in paragraphs (n)(3)(i), 
(ii), and (iii) of this section, prior to the completion of the EE/CA, 
or its equivalent, except that the information repository and the 
administrative record file will be established no later than when the 
EE/CA approval memorandum is signed;
    (ii) Publish a notice of availability and brief description of the 
EE/CA in a major local newspaper of general circulation pursuant to 
Sec. 300.820;
    (iii) Provide a reasonable opportunity, not less than 30 calendar 
days, for submission of written and oral comments after completion of 
the EE/CA pursuant to Sec. 300.820(a). Upon timely request, the lead 
agency will extend the public comment period by a minimum of 15 days; 
and
    (iv) Prepare a written response to significant comments pursuant to 
Sec. 300.820(a).

[59 FR 47448, Sept. 15, 1994]



Sec. 300.420  Remedial site evaluation.

    (a) General. The purpose of this section is to describe the methods, 
procedures, and criteria the lead agency shall use to collect data, as 
required, and evaluate releases of hazardous substances, pollutants, or 
contaminants. The evaluation may consist of two steps: a remedial 
preliminary assessment (PA) and a remedial site inspection (SI).
    (b) Remedial preliminary assessment. (1) The lead agency shall 
perform a remedial PA on all sites in CERCLIS as defined in Sec. 300.5 
to:
    (i) Eliminate from further consideration those sites that pose no 
threat to public health or the environment;
    (ii) Determine if there is any potential need for removal action;
    (iii) Set priorities for site inspections; and
    (iv) Gather existing data to facilitate later evaluation of the 
release pursuant to the Hazard Ranking System (HRS) if warranted.
    (2) A remedial PA shall consist of a review of existing information 
about a release such as information on the pathways of exposure, 
exposure targets, and source and nature of release. A remedial PA shall 
also include an off-site reconnaissance as appropriate. A remedial PA 
may include an on-site reconnaissance where appropriate.
    (3) If the remedial PA indicates that a removal action may be 
warranted, the lead agency shall initiate removal evaluation pursuant to 
Sec. 300.410.
    (4) In performing a remedial PA, the lead agency may complete the 
EPA Preliminary Assessment form, available from EPA regional offices, or 
its equivalent, and shall prepare a PA report, which shall include:
    (i) A description of the release;
    (ii) A description of the probable nature of the release; and
    (iii) A recommendation on whether further action is warranted, which 
lead agency should conduct further action, and whether an SI or removal 
action or both should be undertaken.
    (5) Any person may petition the lead federal agency (EPA or the 
appropriate federal agency in the case of a release or suspected release 
from a federal facility), to perform a PA of a release when such person 
is, or may be, affected by a release of a hazardous substance, 
pollutant, or contaminant. Such petitions shall be addressed to the EPA 
Regional Administrator for

[[Page 64]]

the region in which the release is located, except that petitions for 
PAs involving federal facilities should be addressed to the head of the 
appropriate federal agency.
    (i) Petitions shall be signed by the petitioner and shall contain 
the following:
    (A) The full name, address, and phone number of petitioner;
    (B) A description, as precisely as possible, of the location of the 
release; and
    (C) How the petitioner is or may be affected by the release.
    (ii) Petitions should also contain the following information to the 
extent available:
    (A) What type of substances were or may be released;
    (B) The nature of activities that have occurred where the release is 
located; and
    (C) Whether local and state authorities have been contacted about 
the release.
    (iii) The lead federal agency shall complete a remedial or removal 
PA within one year of the date of receipt of a complete petition 
pursuant to paragraph (b)(5) of this section, if one has not been 
performed previously, unless the lead federal agency determines that a 
PA is not appropriate. Where such a determination is made, the lead 
federal agency shall notify the petitioner and will provide a reason for 
the determination.
    (iv) When determining if performance of a PA is appropriate, the 
lead federal agency shall take into consideration:
    (A) Whether there is information indicating that a release has 
occurred or there is a threat of a release of a hazardous substance, 
pollutant, or contaminant; and
    (B) Whether the release is eligible for response under CERCLA.
    (c) Remedial site inspection. (1) The lead agency shall perform a 
remedial SI as appropriate to:
    (i) Eliminate from further consideration those releases that pose no 
significant threat to public health or the environment;
    (ii) Determine the potential need for removal action;
    (iii) Collect or develop additional data, as appropriate, to 
evaluate the release pursuant to the HRS; and
    (iv) Collect data in addition to that required to score the release 
pursuant to the HRS, as appropriate, to better characterize the release 
for more effective and rapid initiation of the RI/FS or response under 
other authorities.
    (2) The remedial SI shall build upon the information collected in 
the remedial PA. The remedial SI shall involve, as appropriate, both on- 
and off-site field investigatory efforts, and sampling.
    (3) If the remedial SI indicates that removal action may be 
appropriate, the lead agency shall initiate removal site evaluation 
pursuant to Sec. 300.410.
    (4) Prior to conducting field sampling as part of site inspections, 
the lead agency shall develop sampling and analysis plans that shall 
provide a process for obtaining data of sufficient quality and quantity 
to satisfy data needs. The sampling and analysis plans shall consist of 
two parts:
    (i) The field sampling plan, which describes the number, type, and 
location of samples, and the type of analyses, and
    (ii) The quality assurance project plan (QAPP), which describes 
policy, organization, and functional activities, and the data quality 
objectives and measures necessary to achieve adequate data for use in 
site evaluation and hazard ranking system activities.
    (5) Upon completion of a remedial SI, the lead agency shall prepare 
a report that includes the following:
    (i) A description/history/nature of waste handling;
    (ii) A description of known contaminants;
    (iii) A description of pathways of migration of contaminants;
    (iv) An identification and description of human and environmental 
targets; and
    (v) A recommendation on whether further action is warranted.



Sec. 300.425  Establishing remedial priorities.

    (a) General. The purpose of this section is to identify the criteria 
as well as the methods and procedures EPA uses to establish its 
priorities for remedial actions.

[[Page 65]]

    (b) National Priorities List. The NPL is the list of priority 
releases for long-term remedial evaluation and response.
    (1) Only those releases included on the NPL shall be considered 
eligible for Fund-financed remedial action. Removal actions (including 
remedial planning activities, RI/FSs, and other actions taken pursuant 
to CERCLA section 104(b)) are not limited to NPL sites.
    (2) Inclusion of a release on the NPL does not imply that monies 
will be expended, nor does the rank of a release on the NPL establish 
the precise priorities for the allocation of Fund resources. EPA may 
also pursue other appropriate authorities to remedy the release, 
including enforcement actions under CERCLA and other laws. A site's rank 
on the NPL serves, along with other factors, including enforcement 
actions, as a basis to guide the allocation of Fund resources among 
releases.
    (3) Federal facilities that meet the criteria identified in 
paragraph (c) of this section are eligible for inclusion on the NPL. 
Except as provided by CERCLA sections 111(e)(3) and 111(c), federal 
facilities are not eligible for Fund-financed remedial actions.
    (4) Inclusion on the NPL is not a precondition to action by the lead 
agency under CERCLA sections 106 or 122 or to action under CERCLA 
section 107 for recovery of non-Fund-financed costs or Fund-financed 
costs other than Fund-financed remedial construction costs.
    (c) Methods for determining eligibility for NPL. A release may be 
included on the NPL if the release meets one of the following criteria:
    (1) The release scores sufficiently high pursuant to the Hazard 
Ranking System described in appendix A to this part.
    (2) A state (not including Indian tribes) has designated a release 
as its highest priority. States may make only one such designation; or
    (3) The release satisfies all of the following criteria:
    (i) The Agency for Toxic Substances and Disease Registry has issued 
a health advisory that recommends dissociation of individuals from the 
release;
    (ii) EPA determines that the release poses a significant threat to 
public health; and
    (iii) EPA anticipates that it will be more cost-effective to use its 
remedial authority than to use removal authority to respond to the 
release.
    (d) Procedures for placing sites on the NPL. Lead agencies may 
submit candidates to EPA by scoring the release using the HRS and 
providing the appropriate backup documentation.
    (1) Lead agencies may submit HRS scoring packages to EPA anytime 
throughout the year.
    (2) EPA shall review lead agencies' HRS scoring packages and revise 
them as appropriate. EPA shall develop any additional HRS scoring 
packages on releases known to EPA.
    (3) EPA shall compile the NPL based on the methods identified in 
paragraph (c) of this section.
    (4) EPA shall update the NPL at least once a year.
    (5) To ensure public involvement during the proposal to add a 
release to the NPL, EPA shall:
    (i) Publish the proposed rule in the Federal Register and solicit 
comments through a public comment period; and
    (ii) Publish the final rule in the Federal Register, and make 
available a response to each significant comment and any significant new 
data submitted during the comment period.
    (6) Releases may be categorized on the NPL when deemed appropriate 
by EPA.
    (e) Deletion from the NPL. Releases may be deleted from or 
recategorized on the NPL where no further response is appropriate.
    (1) EPA shall consult with the state on proposed deletions from the 
NPL prior to developing the notice of intent to delete. In making a 
determination to delete a release from the NPL, EPA shall consider, in 
consultation with the state, whether any of the following criteria has 
been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action

[[Page 66]]

by responsible parties is appropriate; or
    (iii) The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
taking of remedial measures is not appropriate.
    (2) Releases shall not be deleted from the NPL until the state in 
which the release was located has concurred on the proposed deletion. 
EPA shall provide the state 30 working days for review of the deletion 
notice prior to its publication in the Federal Register.
    (3) All releases deleted from the NPL are eligible for further Fund-
financed remedial actions should future conditions warrant such action. 
Whenever there is a significant release from a site deleted from the 
NPL, the site shall be restored to the NPL without application of the 
HRS.
    (4) To ensure public involvement during the proposal to delete a 
release from the NPL, EPA shall:
    (i) Publish a notice of intent to delete in the Federal Register and 
solicit comment through a public comment period of a minimum of 30 
calendar days;
    (ii) In a major local newspaper of general circulation at or near 
the release that is proposed for deletion, publish a notice of 
availability of the notice of intent to delete;
    (iii) Place copies of information supporting the proposed deletion 
in the information repository, described in Sec. 300.430(c)(2)(iii), at 
or near the release proposed for deletion. These items shall be 
available for public inspection and copying; and
    (iv) Respond to each significant comment and any significant new 
data submitted during the comment period and include this response 
document in the final deletion package.
    (5) EPA shall place the final deletion package in the local 
information repository once the notice of final deletion has been 
published in the Federal Register.



Sec. 300.430  Remedial investigation/feasibility study and selection of 
remedy.

    (a) General--(1) Introduction. The purpose of the remedy selection 
process is to implement remedies that eliminate, reduce, or control 
risks to human health and the environment. Remedial actions are to be 
implemented as soon as site data and information make it possible to do 
so. Accordingly, EPA has established the following program goal, 
expectations, and program management principles to assist in the 
identification and implementation of appropriate remedial actions.
    (i) Program goal. The national goal of the remedy selection process 
is to select remedies that are protective of human health and the 
environment, that maintain protection over time, and that minimize 
untreated waste.
    (ii) Program management principles. EPA generally shall consider the 
following general principles of program management during the remedial 
process:
    (A) Sites should generally be remediated in operable units when 
early actions are necessary or appropriate to achieve significant risk 
reduction quickly, when phased analysis and response is necessary or 
appropriate given the size or complexity of the site, or to expedite the 
completion of total site cleanup.
    (B) Operable units, including interim action operable units, should 
not be inconsistent with nor preclude implementation of the expected 
final remedy.
    (C) Site-specific data needs, the evaluation of alternatives, and 
the documentation of the selected remedy should reflect the scope and 
complexity of the site problems being addressed.
    (iii) Expectations. EPA generally shall consider the following 
expectations in developing appropriate remedial alternatives:
    (A) EPA expects to use treatment to address the principal threats 
posed by a site, wherever practicable. Principal threats for which 
treatment is most likely to be appropriate include liquids, areas 
contaminated with high concentrations of toxic compounds, and highly 
mobile materials.
    (B) EPA expects to use engineering controls, such as containment, 
for waste that poses a relatively low long-term threat or where 
treatment is impracticable.

[[Page 67]]

    (C) EPA expects to use a combination of methods, as appropriate, to 
achieve protection of human health and the environment. In appropriate 
site situations, treatment of the principal threats posed by a site, 
with priority placed on treating waste that is liquid, highly toxic or 
highly mobile, will be combined with engineering controls (such as 
containment) and institutional controls, as appropriate, for treatment 
residuals and untreated waste.
    (D) EPA expects to use institutional controls such as water use and 
deed restrictions to supplement engineering controls as appropriate for 
short- and long-term management to prevent or limit exposure to 
hazardous substances, pollutants, or contaminants. Institutional 
controls may be used during the conduct of the remedial investigation/
feasibility study (RI/FS) and implementation of the remedial action and, 
where necessary, as a component of the completed remedy. The use of 
institutional controls shall not substitute for active response measures 
(e.g., treatment and/or containment of source material, restoration of 
ground waters to their beneficial uses) as the sole remedy unless such 
active measures are determined not to be practicable, based on the 
balancing of trade-offs among alternatives that is conducted during the 
selection of remedy.
    (E) EPA expects to consider using innovative technology when such 
technology offers the potential for comparable or superior treatment 
performance or implementability, fewer or lesser adverse impacts than 
other available approaches, or lower costs for similar levels of 
performance than demonstrated technologies.
    (F) EPA expects to return usable ground waters to their beneficial 
uses wherever practicable, within a timeframe that is reasonable given 
the particular circumstances of the site. When restoration of ground 
water to beneficial uses is not practicable, EPA expects to prevent 
further migration of the plume, prevent exposure to the contaminated 
ground water, and evaluate further risk reduction.
    (2) Remedial investigation/feasibility study. The purpose of the 
remedial investigation/feasibility study (RI/FS) is to assess site 
conditions and evaluate alternatives to the extent necessary to select a 
remedy. Developing and conducting an RI/FS generally includes the 
following activities: project scoping, data collection, risk assessment, 
treatability studies, and analysis of alternatives. The scope and timing 
of these activities should be tailored to the nature and complexity of 
the problem and the response alternatives being considered.
    (b) Scoping. In implementing this section, the lead agency should 
consider the program goal, program management principles, and 
expectations contained in this rule. The investigative and analytical 
studies should be tailored to site circumstances so that the scope and 
detail of the analysis is appropriate to the complexity of site problems 
being addressed. During scoping, the lead and support agencies shall 
confer to identify the optimal set and sequence of actions necessary to 
address site problems. Specifically, the lead agency shall:
    (1) Assemble and evaluate existing data on the site, including the 
results of any removal actions, remedial preliminary assessment and site 
inspections, and the NPL listing process.
    (2) Develop a conceptual understanding of the site based on the 
evaluation of existing data described in paragraph (b)(1) of this 
section.
    (3) Identify likely response scenarios and potentially applicable 
technologies and operable units that may address site problems.
    (4) Undertake limited data collection efforts or studies where this 
information will assist in scoping the RI/FS or accelerate response 
actions, and begin to identify the need for treatability studies, as 
appropriate.
    (5) Identify the type, quality, and quantity of the data that will 
be collected during the RI/FS to support decisions regarding remedial 
response activities.
    (6) Prepare site-specific health and safety plans that shall 
specify, at a minimum, employee training and protective equipment, 
medical surveillance requirements, standard operating procedures, and a 
contingency plan

[[Page 68]]

that conforms with 29 CFR 1910.120 (l)(1) and (l)(2).
    (7) If natural resources are or may be injured by the release, 
ensure that state and federal trustees of the affected natural resources 
have been notified in order that the trustees may initiate appropriate 
actions, including those identified in subpart G of this part. The lead 
agency shall seek to coordinate necessary assessments, evaluations, 
investigations, and planning with such state and federal trustees.
    (8) Develop sampling and analysis plans that shall provide a process 
for obtaining data of sufficient quality and quantity to satisfy data 
needs. Sampling and analysis plans shall be reviewed and approved by 
EPA. The sampling and analysis plans shall consist of two parts:
    (i) The field sampling plan, which describes the number, type, and 
location of samples and the type of analyses; and
    (ii) The quality assurance project plan, which describes policy, 
organization, and functional activities and the data quality objectives 
and measures necessary to achieve adequate data for use in selecting the 
appropriate remedy.
    (9) Initiate the identification of potential federal and state ARARs 
and, as appropriate, other criteria, advisories, or guidance to be 
considered.
    (c) Community relations. (1) The community relations requirements 
described in this section apply to all remedial activities undertaken 
pursuant to CERCLA section 104 and to section 106 or section 122 consent 
orders or decrees, or section 106 administrative orders.
    (2) The lead agency shall provide for the conduct of the following 
community relations activities, to the extent practicable, prior to 
commencing field work for the remedial investigation:
    (i) Conducting interviews with local officials, community residents, 
public interest groups, or other interested or affected parties, as 
appropriate, to solicit their concerns and information needs, and to 
learn how and when citizens would like to be involved in the Superfund 
process.
    (ii) Preparing a formal community relations plan (CRP), based on the 
community interviews and other relevant information, specifying the 
community relations activities that the lead agency expects to undertake 
during the remedial response. The purpose of the CRP is to:
    (A) Ensure the public appropriate opportunities for involvement in a 
wide variety of site-related decisions, including site analysis and 
characterization, alternatives analysis, and selection of remedy;
    (B) Determine, based on community interviews, appropriate activities 
to ensure such public involvement, and
    (C) Provide appropriate opportunities for the community to learn 
about the site.
    (iii) Establishing at least one local information repository at or 
near the location of the response action. Each information repository 
should contain a copy of items made available to the public, including 
information that describes the technical assistance grants application 
process. The lead agency shall inform interested parties of the 
establishment of the information repository.
    (iv) Informing the community of the availability of technical 
assistance grants.
    (3) For PRP actions, the lead agency shall plan and implement the 
community relations program at a site. PRPs may participate in aspects 
of the community relations program at the discretion of and with 
oversight by the lead agency.
    (4) The lead agency may conduct technical discussions involving PRPs 
and the public. These technical discussions may be held separately from, 
but contemporaneously with, the negotiations/settlement discussions.
    (5) In addition, the following provisions specifically apply to 
enforcement actions:
    (i) Lead agencies entering into an enforcement agreement with de 
minimis parties under CERCLA section 122(g) or cost recovery settlements 
under section 122(h) shall publish a notice of the proposed agreement in 
the Federal Register at least 30 days before the agreement becomes 
final, as required

[[Page 69]]

by section 122(i). The notice must identify the name of the facility and 
the parties to the proposed agreement and must allow an opportunity for 
comment and consideration of comments; and
    (ii) Where the enforcement agreement is embodied in a consent 
decree, public notice and opportunity for public comment shall be 
provided in accordance with 28 CFR 50.7.
    (d) Remedial investigation. (1) The purpose of the remedial 
investigation (RI) is to collect data necessary to adequately 
characterize the site for the purpose of developing and evaluating 
effective remedial alternatives. To characterize the site, the lead 
agency shall, as appropriate, conduct field investigations, including 
treatability studies, and conduct a baseline risk assessment. The RI 
provides information to assess the risks to human health and the 
environment and to support the development, evaluation, and selection of 
appropriate response alternatives. Site characterization may be 
conducted in one or more phases to focus sampling efforts and increase 
the efficiency of the investigation. Because estimates of actual or 
potential exposures and associated impacts on human and environmental 
receptors may be refined throughout the phases of the RI as new 
information is obtained, site characterization activities should be 
fully integrated with the development and evaluation of alternatives in 
the feasibility study. Bench- or pilot-scale treatability studies shall 
be conducted, when appropriate and practicable, to provide additional 
data for the detailed analysis and to support engineering design of 
remedial alternatives.
    (2) The lead agency shall characterize the nature of and threat 
posed by the hazardous substances and hazardous materials and gather 
data necessary to assess the extent to which the release poses a threat 
to human health or the environment or to support the analysis and design 
of potential response actions by conducting, as appropriate, field 
investigations to assess the following factors:
    (i) Physical characteristics of the site, including important 
surface features, soils, geology, hydrogeology, meteorology, and 
ecology;
    (ii) Characteristics or classifications of air, surface water, and 
ground water;
    (iii) The general characteristics of the waste, including 
quantities, state, concentration, toxicity, propensity to bioaccumulate, 
persistence, and mobility;
    (iv) The extent to which the source can be adequately identified and 
characterized;
    (v) Actual and potential exposure pathways through environmental 
media;
    (vi) Actual and potential exposure routes, for example, inhalation 
and ingestion; and
    (vii) Other factors, such as sensitive populations, that pertain to 
the characterization of the site or support the analysis of potential 
remedial action alternatives.
    (3) The lead and support agency shall identify their respective 
potential ARARs related to the location of and contaminants at the site 
in a timely manner. The lead and support agencies may also, as 
appropriate, identify other pertinent advisories, criteria, or guidance 
in a timely manner (see Sec. 300.400(g)(3)).
    (4) Using the data developed under paragraphs (d)(1) and (2) of this 
section, the lead agency shall conduct a site-specific baseline risk 
assessment to characterize the current and potential threats to human 
health and the environment that may be posed by contaminants migrating 
to ground water or surface water, releasing to air, leaching through 
soil, remaining in the soil, and bioaccumulating in the food chain. The 
results of the baseline risk assessment will help establish acceptable 
exposure levels for use in developing remedial alternatives in the FS, 
as described in paragraph (e) of this section.
    (e) Feasibility study. (1) The primary objective of the feasibility 
study (FS) is to ensure that appropriate remedial alternatives are 
developed and evaluated such that relevant information concerning the 
remedial action options can be presented to a decision-maker and an 
appropriate remedy selected. The lead agency may develop a feasibility 
study to address a specific site problem or the entire site. The 
development and evaluation of alternatives

[[Page 70]]

shall reflect the scope and complexity of the remedial action under 
consideration and the site problems being addressed. Development of 
alternatives shall be fully integrated with the site characterization 
activities of the remedial investigation described in paragraph (d) of 
this section. The lead agency shall include an alternatives screening 
step, when needed, to select a reasonable number of alternatives for 
detailed analysis.
    (2) Alternatives shall be developed that protect human health and 
the environment by recycling waste or by eliminating, reducing, and/or 
controlling risks posed through each pathway by a site. The number and 
type of alternatives to be analyzed shall be determined at each site, 
taking into account the scope, characteristics, and complexity of the 
site problem that is being addressed. In developing and, as appropriate, 
screening the alternatives, the lead agency shall:
    (i) Establish remedial action objectives specifying contaminants and 
media of concern, potential exposure pathways, and remediation goals. 
Initially, preliminary remediation goals are developed based on readily 
available information, such as chemical-specific ARARs or other reliable 
information. Preliminary remediation goals should be modified, as 
necessary, as more information becomes available during the RI/FS. Final 
remediation goals will be determined when the remedy is selected. 
Remediation goals shall establish acceptable exposure levels that are 
protective of human health and the environment and shall be developed by 
considering the following:
    (A) Applicable or relevant and appropriate requirements under 
federal environmental or state environmental or facility siting laws, if 
available, and the following factors:
    (1) For systemic toxicants, acceptable exposure levels shall 
represent concentration levels to which the human population, including 
sensitive subgroups, may be exposed without adverse effect during a 
lifetime or part of a lifetime, incorporating an adequate margin of 
safety;
    (2) For known or suspected carcinogens, acceptable exposure levels 
are generally concentration levels that represent an excess upper bound 
lifetime cancer risk to an individual of between 10-4 and 
10-6 using information on the relationship between dose and 
response. The 10-6 risk level shall be used as the point of 
departure for determining remediation goals for alternatives when ARARs 
are not available or are not sufficiently protective because of the 
presence of multiple contaminants at a site or multiple pathways of 
exposure;
    (3) Factors related to technical limitations such as detection/
quantification limits for contaminants;
    (4) Factors related to uncertainty; and
    (5) Other pertinent information.
    (B) Maximum contaminant level goals (MCLGs), established under the 
Safe Drinking Water Act, that are set at levels above zero, shall be 
attained by remedial actions for ground or surface waters that are 
current or potential sources of drinking water, where the MCLGs are 
relevant and appropriate under the circumstances of the release based on 
the factors in Sec. 300.400(g)(2). If an MCLG is determined not to be 
relevant and appropriate, the corresponding maximum contaminant level 
(MCL) shall be attained where relevant and appropriate to the 
circumstances of the release.
    (C) Where the MCLG for a contaminant has been set at a level of 
zero, the MCL promulgated for that contaminant under the Safe Drinking 
Water Act shall be attained by remedial actions for ground or surface 
waters that are current or potential sources of drinking water, where 
the MCL is relevant and appropriate under the circumstances of the 
release based on the factors in Sec. 300.400(g)(2).
    (D) In cases involving multiple contaminants or pathways where 
attainment of chemical-specific ARARs will result in cumulative risk in 
excess of 10-4, criteria in paragraph (e)(2)(i)(A) of this 
section may also be considered when determining the cleanup level to be 
attained.
    (E) Water quality criteria established under sections 303 or 304 of 
the Clean Water Act shall be attained where relevant and appropriate 
under the circumstances of the release.

[[Page 71]]

    (F) An alternate concentration limit (ACL) may be established in 
accordance with CERCLA section 121(d)(2)(B)(ii).
    (G) Environmental evaluations shall be performed to assess threats 
to the environment, especially sensitive habitats and critical habitats 
of species protected under the Endangered Species Act.
    (ii) Identify and evaluate potentially suitable technologies, 
including innovative technologies;
    (iii) Assemble suitable technologies into alternative remedial 
actions.
    (3) For source control actions, the lead agency shall develop, as 
appropriate:
    (i) A range of alternatives in which treatment that reduces the 
toxicity, mobility, or volume of the hazardous substances, pollutants, 
or contaminants is a principal element. As appropriate, this range shall 
include an alternative that removes or destroys hazardous substances, 
pollutants, or contaminants to the maximum extent feasible, eliminating 
or minimizing, to the degree possible, the need for long-term 
management. The lead agency also shall develop, as appropriate, other 
alternatives which, at a minimum, treat the principal threats posed by 
the site but vary in the degree of treatment employed and the quantities 
and characteristics of the treatment residuals and untreated waste that 
must be managed; and
    (ii) One or more alternatives that involve little or no treatment, 
but provide protection of human health and the environment primarily by 
preventing or controlling exposure to hazardous substances, pollutants, 
or contaminants, through engineering controls, for example, containment, 
and, as necessary, institutional controls to protect human health and 
the environment and to assure continued effectiveness of the response 
action.
    (4) For ground-water response actions, the lead agency shall develop 
a limited number of remedial alternatives that attain site-specific 
remediation levels within different restoration time periods utilizing 
one or more different technologies.
    (5) The lead agency shall develop one or more innovative treatment 
technologies for further consideration if those technologies offer the 
potential for comparable or superior performance or implementability; 
fewer or lesser adverse impacts than other available approaches; or 
lower costs for similar levels of performance than demonstrated 
treatment technologies.
    (6) The no-action alternative, which may be no further action if 
some removal or remedial action has already occurred at the site, shall 
be developed.
    (7) As appropriate, and to the extent sufficient information is 
available, the short- and long-term aspects of the following three 
criteria shall be used to guide the development and screening of 
remedial alternatives:
    (i) Effectiveness. This criterion focuses on the degree to which an 
alternative reduces toxicity, mobility, or volume through treatment, 
minimizes residual risks and affords long-term protection, complies with 
ARARs, minimizes short-term impacts, and how quickly it achieves 
protection. Alternatives providing significantly less effectiveness than 
other, more promising alternatives may be eliminated. Alternatives that 
do not provide adequate protection of human health and the environment 
shall be eliminated from further consideration.
    (ii) Implementability. This criterion focuses on the technical 
feasibility and availability of the technologies each alternative would 
employ and the administrative feasibility of implementing the 
alternative. Alternatives that are technically or administratively 
infeasible or that would require equipment, specialists, or facilities 
that are not available within a reasonable period of time may be 
eliminated from further consideration.
    (iii) Cost. The costs of construction and any long-term costs to 
operate and maintain the alternatives shall be considered. Costs that 
are grossly excessive compared to the overall effectiveness of 
alternatives may be considered as one of several factors used to 
eliminate alternatives. Alternatives providing effectiveness and 
implementability similar to that of another alternative by employing a 
similar method of treatment or engineering control, but at greater cost, 
may be eliminated.

[[Page 72]]

    (8) The lead agency shall notify the support agency of the 
alternatives that will be evaluated in detail to facilitate the 
identification of ARARs and, as appropriate, pertinent advisories, 
criteria, or guidance to be considered.
    (9) Detailed analysis of alternatives. (i) A detailed analysis shall 
be conducted on the limited number of alternatives that represent viable 
approaches to remedial action after evaluation in the screening stage. 
The lead and support agencies must identify their ARARs related to 
specific actions in a timely manner and no later than the early stages 
of the comparative analysis. The lead and support agencies may also, as 
appropriate, identify other pertinent advisories, criteria, or guidance 
in a timely manner.
    (ii) The detailed analysis consists of an assessment of individual 
alternatives against each of nine evaluation criteria and a comparative 
analysis that focuses upon the relative performance of each alternative 
against those criteria.
    (iii) Nine criteria for evaluation. The analysis of alternatives 
under review shall reflect the scope and complexity of site problems and 
alternatives being evaluated and consider the relative significance of 
the factors within each criteria. The nine evaluation criteria are as 
follows:
    (A) Overall protection of human health and the environment. 
Alternatives shall be assessed to determine whether they can adequately 
protect human health and the environment, in both the short- and long-
term, from unacceptable risks posed by hazardous substances, pollutants, 
or contaminants present at the site by eliminating, reducing, or 
controlling exposures to levels established during development of 
remediation goals consistent with Sec. 300.430(e)(2)(i). Overall 
protection of human health and the environment draws on the assessments 
of other evaluation criteria, especially long-term effectiveness and 
permanence, short-term effectiveness, and compliance with ARARs.
    (B) Compliance with ARARs. The alternatives shall be assessed to 
determine whether they attain applicable or relevant and appropriate 
requirements under federal environmental laws and state environmental or 
facility siting laws or provide grounds for invoking one of the waivers 
under paragraph (f)(1)(ii)(C) of this section.
    (C) Long-term effectiveness and permanence. Alternatives shall be 
assessed for the long-term effectiveness and permanence they afford, 
along with the degree of certainty that the alternative will prove 
successful. Factors that shall be considered, as appropriate, include 
the following:
    (1) Magnitude of residual risk remaining from untreated waste or 
treatment residuals remaining at the conclusion of the remedial 
activities. The characteristics of the residuals should be considered to 
the degree that they remain hazardous, taking into account their volume, 
toxicity, mobility, and propensity to bioaccumulate.
    (2) Adequacy and reliability of controls such as containment systems 
and institutional controls that are necessary to manage treatment 
residuals and untreated waste. This factor addresses in particular the 
uncertainties associated with land disposal for providing long-term 
protection from residuals; the assessment of the potential need to 
replace technical components of the alternative, such as a cap, a slurry 
wall, or a treatment system; and the potential exposure pathways and 
risks posed should the remedial action need replacement.
    (D) Reduction of toxicity, mobility, or volume through treatment. 
The degree to which alternatives employ recycling or treatment that 
reduces toxicity, mobility, or volume shall be assessed, including how 
treatment is used to address the principal threats posed by the site. 
Factors that shall be considered, as appropriate, include the following:
    (1) The treatment or recycling processes the alternatives employ and 
materials they will treat;
    (2) The amount of hazardous substances, pollutants, or contaminants 
that will be destroyed, treated, or recycled;
    (3) The degree of expected reduction in toxicity, mobility, or 
volume of the waste due to treatment or recycling and the specification 
of which reduction(s) are occurring;
    (4) The degree to which the treatment is irreversible;

[[Page 73]]

    (5) The type and quantity of residuals that will remain following 
treatment, considering the persistence, toxicity, mobility, and 
propensity to bioaccumulate of such hazardous substances and their 
constituents; and
    (6) The degree to which treatment reduces the inherent hazards posed 
by principal threats at the site.
    (E) Short-term effectiveness. The short-term impacts of alternatives 
shall be assessed considering the following:
    (1) Short-term risks that might be posed to the community during 
implementation of an alternative;
    (2) Potential impacts on workers during remedial action and the 
effectiveness and reliability of protective measures;
    (3) Potential environmental impacts of the remedial action and the 
effectiveness and reliability of mitigative measures during 
implementation; and
    (4) Time until protection is achieved.
    (F) Implementability. The ease or difficulty of implementing the 
alternatives shall be assessed by considering the following types of 
factors as appropriate:
    (1) Technical feasibility, including technical difficulties and 
unknowns associated with the construction and operation of a technology, 
the reliability of the technology, ease of undertaking additional 
remedial actions, and the ability to monitor the effectiveness of the 
remedy.
    (2) Administrative feasibility, including activities needed to 
coordinate with other offices and agencies and the ability and time 
required to obtain any necessary approvals and permits from other 
agencies (for off-site actions);
    (3) Availability of services and materials, including the 
availability of adequate off-site treatment, storage capacity, and 
disposal capacity and services; the availability of necessary equipment 
and specialists, and provisions to ensure any necessary additional 
resources; the availability of services and materials; and availability 
of prospective technologies.
    (G) Cost. The types of costs that shall be assessed include the 
following:
    (1) Capital costs, including both direct and indirect costs;
    (2) Annual operation and maintenance costs; and
    (3) Net present value of capital and O&M costs.
    (H) State acceptance. Assessment of state concerns may not be 
completed until comments on the RI/FS are received but may be discussed, 
to the extent possible, in the proposed plan issued for public comment. 
The state concerns that shall be assessed include the following:
    (1) The state's position and key concerns related to the preferred 
alternative and other alternatives; and
    (2) State comments on ARARs or the proposed use of waivers.
    (I) Community acceptance. This assessment includes determining which 
components of the alternatives interested persons in the community 
support, have reservations about, or oppose. This assessment may not be 
completed until comments on the proposed plan are received.
    (f) Selection of remedy--(1) Remedies selected shall reflect the 
scope and purpose of the actions being undertaken and how the action 
relates to long-term, comprehensive response at the site.
    (i) The criteria noted in paragraph (e)(9)(iii) of this section are 
used to select a remedy. These criteria are categorized into three 
groups.
    (A) Threshold criteria. Overall protection of human health and the 
environment and compliance with ARARs (unless a specific ARAR is waived) 
are threshold requirements that each alternative must meet in order to 
be eligible for selection.
    (B) Primary balancing criteria. The five primary balancing criteria 
are long-term effectiveness and permanence; reduction of toxicity, 
mobility, or volume through treatment; short-term effectiveness; 
implementability; and cost.
    (C) Modifying criteria. State and community acceptance are modifying 
criteria that shall be considered in remedy selection.
    (ii) The selection of a remedial action is a two-step process and 
shall proceed in accordance with Sec. 300.515(e). First, the lead 
agency, in conjunction with the support agency, identifies a preferred 
alternative and presents it to the public in a proposed plan, for review 
and comment. Second, the lead

[[Page 74]]

agency shall review the public comments and consult with the state (or 
support agency) in order to determine if the alternative remains the 
most appropriate remedial action for the site or site problem. The lead 
agency, as specified in Sec. 300.515(e), makes the final remedy 
selection decision, which shall be documented in the ROD. Each remedial 
alternative selected as a Superfund remedy will employ the criteria as 
indicated in paragraph (f)(1)(i) of this section to make the following 
determination:
    (A) Each remedial action selected shall be protective of human 
health and the environment.
    (B) On-site remedial actions selected in a ROD must attain those 
ARARs that are identified at the time of ROD signature or provide 
grounds for invoking a waiver under Sec. 300.430(f)(1)(ii)(C).
    (1) Requirements that are promulgated or modified after ROD 
signature must be attained (or waived) only when determined to be 
applicable or relevant and appropriate and necessary to ensure that the 
remedy is protective of human health and the environment.
    (2) Components of the remedy not described in the ROD must attain 
(or waive) requirements that are identified as applicable or relevant 
and appropriate at the time the amendment to the ROD or the explanation 
of significant difference describing the component is signed.
    (C) An alternative that does not meet an ARAR under federal 
environmental or state environmental or facility siting laws may be 
selected under the following circumstances:
    (1) The alternative is an interim measure and will become part of a 
total remedial action that will attain the applicable or relevant and 
appropriate federal or state requirement;
    (2) Compliance with the requirement will result in greater risk to 
human health and the environment than other alternatives;
    (3) Compliance with the requirement is technically impracticable 
from an engineering perspective;
    (4) The alternative will attain a standard of performance that is 
equivalent to that required under the otherwise applicable standard, 
requirement, or limitation through use of another method or approach;
    (5) With respect to a state requirement, the state has not 
consistently applied, or demonstrated the intention to consistently 
apply, the promulgated requirement in similar circumstances at other 
remedial actions within the state; or
    (6) For Fund-financed response actions only, an alternative that 
attains the ARAR will not provide a balance between the need for 
protection of human health and the environment at the site and the 
availability of Fund monies to respond to other sites that may present a 
threat to human health and the environment.
    (D) Each remedial action selected shall be cost-effective, provided 
that it first satisfies the threshold criteria set forth in Sec. 
300.430(f)(1)(ii)(A) and (B). Cost-effectiveness is determined by 
evaluating the following three of the five balancing criteria noted in 
Sec. 300.430(f)(1)(i)(B) to determine overall effectiveness: long-term 
effectiveness and permanence, reduction of toxicity, mobility, or volume 
through treatment, and short-term effectiveness. Overall effectiveness 
is then compared to cost to ensure that the remedy is cost-effective. A 
remedy shall be cost-effective if its costs are proportional to its 
overall effectiveness.
    (E) Each remedial action shall utilize permanent solutions and 
alternative treatment technologies or resource recovery technologies to 
the maximum extent practicable. This requirement shall be fulfilled by 
selecting the alternative that satisfies paragraph (f)(1)(ii)(A) and (B) 
of this section and provides the best balance of trade-offs among 
alternatives in terms of the five primary balancing criteria noted in 
paragraph (f)(1)(i)(B) of this section. The balancing shall emphasize 
long-term effectiveness and reduction of toxicity, mobility, or volume 
through treatment. The balancing shall also consider the preference for 
treatment as a principal element and the bias against off-site land 
disposal of untreated waste. In making the determination under this 
paragraph, the modifying criteria of state acceptance and community 
acceptance described

[[Page 75]]

in paragraph (f)(1)(i)(C) of this section shall also be considered.
    (2) The proposed plan. In the first step in the remedy selection 
process, the lead agency shall identify the alternative that best meets 
the requirements in Sec. 300.430(f)(1), above, and shall present that 
alternative to the public in a proposed plan. The lead agency, in 
conjunction with the support agency and consistent with Sec. 
300.515(e), shall prepare a proposed plan that briefly describes the 
remedial alternatives analyzed by the lead agency, proposes a preferred 
remedial action alternative, and summarizes the information relied upon 
to select the preferred alternative. The selection of remedy process for 
an operable unit may be initiated at any time during the remedial action 
process. The purpose of the proposed plan is to supplement the RI/FS and 
provide the public with a reasonable opportunity to comment on the 
preferred alternative for remedial action, as well as alternative plans 
under consideration, and to participate in the selection of remedial 
action at a site. At a minimum, the proposed plan shall:
    (i) Provide a brief summary description of the remedial alternatives 
evaluated in the detailed analysis established under paragraph (e)(9) of 
this section;
    (ii) Identify and provide a discussion of the rationale that 
supports the preferred alternative;
    (iii) Provide a summary of any formal comments received from the 
support agency; and
    (iv) Provide a summary explanation of any proposed waiver identified 
under paragraph (f)(1)(ii)(C) of this section from an ARAR.
    (3) Community relations to support the selection of remedy. (i) The 
lead agency, after preparation of the proposed plan and review by the 
support agency, shall conduct the following activities:
    (A) Publish a notice of availability and brief analysis of the 
proposed plan in a major local newspaper of general circulation;
    (B) Make the proposed plan and supporting analysis and information 
available in the administrative record required under subpart I of this 
part;
    (C) Provide a reasonable opportunity, not less than 30 calendar 
days, for submission of written and oral comments on the proposed plan 
and the supporting analysis and information located in the information 
repository, including the RI/FS. Upon timely request, the lead agency 
will extend the public comment period by a minimum of 30 additional 
days;
    (D) Provide the opportunity for a public meeting to be held during 
the public comment period at or near the site at issue regarding the 
proposed plan and the supporting analysis and information;
    (E) Keep a transcript of the public meeting held during the public 
comment period pursuant to CERCLA section 117(a) and make such 
transcript available to the public; and
    (F) Prepare a written summary of significant comments, criticisms, 
and new relevant information submitted during the public comment period 
and the lead agency response to each issue. This responsiveness summary 
shall be made available with the record of decision.
    (ii) After publication of the proposed plan and prior to adoption of 
the selected remedy in the record of decision, if new information is 
made available that significantly changes the basic features of the 
remedy with respect to scope, performance, or cost, such that the remedy 
significantly differs from the original proposal in the proposed plan 
and the supporting analysis and information, the lead agency shall:
    (A) Include a discussion in the record of decision of the 
significant changes and reasons for such changes, if the lead agency 
determines such changes could be reasonably anticipated by the public 
based on the alternatives and other information available in the 
proposed plan or the supporting analysis and information in the 
administrative record; or
    (B) Seek additional public comment on a revised proposed plan, when 
the lead agency determines the change could not have been reasonably 
anticipated by the public based on the information available in the 
proposed plan or the supporting analysis and information in the 
administrative record. The lead agency shall, prior to adoption of the 
selected remedy in the ROD, issue a revised proposed plan, which

[[Page 76]]

shall include a discussion of the significant changes and the reasons 
for such changes, in accordance with the public participation 
requirements described in paragraph (f)(3)(i) of this section.
    (4) Final remedy selection. (i) In the second and final step in the 
remedy selection process, the lead agency shall reassess its initial 
determination that the preferred alternative provides the best balance 
of trade-offs, now factoring in any new information or points of view 
expressed by the state (or support agency) and community during the 
public comment period. The lead agency shall consider state (or support 
agency) and community comments regarding the lead agency's evaluation of 
alternatives with respect to the other criteria. These comments may 
prompt the lead agency to modify aspects of the preferred alternative or 
decide that another alternative provides a more appropriate balance. The 
lead agency, as specified in Sec. 300.515(e), shall make the final 
remedy selection decision and document that decision in the ROD.
    (ii) If a remedial action is selected that results in hazardous 
substances, pollutants, or contaminants remaining at the site above 
levels that allow for unlimited use and unrestricted exposure, the lead 
agency shall review such action no less often than every five years 
after initiation of the selected remedial action.
    (iii) The process for selection of a remedial action at a federal 
facility on the NPL, pursuant to CERCLA section 120, shall entail:
    (A) Joint selection of remedial action by the head of the relevant 
department, agency, or instrumentality and EPA; or
    (B) If mutual agreement on the remedy is not reached, selection of 
the remedy is made by EPA.
    (5) Documenting the decision. (i) To support the selection of a 
remedial action, all facts, analyses of facts, and site-specific policy 
determinations considered in the course of carrying out activities in 
this section shall be documented, as appropriate, in a record of 
decision, in a level of detail appropriate to the site situation, for 
inclusion in the administrative record required under subpart I of this 
part. Documentation shall explain how the evaluation criteria in 
paragraph (e)(9)(iii) of this section were used to select the remedy.
    (ii) The ROD shall describe the following statutory requirements as 
they relate to the scope and objectives of the action:
    (A) How the selected remedy is protective of human health and the 
environment, explaining how the remedy eliminates, reduces, or controls 
exposures to human and environmental receptors;
    (B) The federal and state requirements that are applicable or 
relevant and appropriate to the site that the remedy will attain;
    (C) The applicable or relevant and appropriate requirements of other 
federal and state laws that the remedy will not meet, the waiver 
invoked, and the justification for invoking the waiver;
    (D) How the remedy is cost-effective, i.e., explaining how the 
remedy provides overall effectiveness proportional to its costs;
    (E) How the remedy utilizes permanent solutions and alternative 
treatment technologies or resource recovery technologies to the maximum 
extent practicable; and
    (F) Whether the preference for remedies employing treatment which 
permanently and significantly reduces the toxicity, mobility, or volume 
of the hazardous substances, pollutants, or contaminants as a principal 
element is or is not satisfied by the selected remedy. If this 
preference is not satisfied, the record of decision must explain why a 
remedial action involving such reductions in toxicity, mobility, or 
volume was not selected.
    (iii) The ROD also shall:
    (A) Indicate, as appropriate, the remediation goals, discussed in 
paragraph (e)(2)(i) of this section, that the remedy is expected to 
achieve. Performance shall be measured at appropriate locations in the 
ground water, surface water, soils, air, and other affected 
environmental media. Measurement relating to the performance of the 
treatment processes and the engineering controls may also be identified, 
as appropriate;

[[Page 77]]

    (B) Discuss significant changes and the response to comments 
described in paragraph (f)(3)(i)(F) of this section;
    (C) Describe whether hazardous substances, pollutants, or 
contaminants will remain at the site such that a review of the remedial 
action under paragraph (f)(4)(ii) of this section no less often than 
every five years shall be required; and
    (D) When appropriate, provide a commitment for further analysis and 
selection of long-term response measures within an appropriate time-
frame.
    (6) Community relations when the record of decision is signed. After 
the ROD is signed, the lead agency shall:
    (i) Publish a notice of the availability of the ROD in a major local 
newspaper of general circulation; and
    (ii) Make the record of decision available for public inspection and 
copying at or near the facility at issue prior to the commencement of 
any remedial action.



Sec. 300.435  Remedial design/remedial action, operation and maintenance.

    (a) General. The remedial design/remedial action (RD/RA) stage 
includes the development of the actual design of the selected remedy and 
implementation of the remedy through construction. A period of operation 
and maintenance may follow the RA activities.
    (b) RD/RA activities. (1) All RD/RA activities shall be in 
conformance with the remedy selected and set forth in the ROD or other 
decision document for that site. Those portions of RD/RA sampling and 
analysis plans describing the QA/QC requirements for chemical and 
analytical testing and sampling procedures of samples taken for the 
purpose of determining whether cleanup action levels specified in the 
ROD are achieved, generally will be consistent with the requirements of 
Sec. 300.430(b)(8).
    (2) During the course of the RD/RA, the lead agency shall be 
responsible for ensuring that all federal and state requirements that 
are identified in the ROD as applicable or relevant and appropriate 
requirements for the action are met. If waivers from any ARARs are 
involved, the lead agency shall be responsible for ensuring that the 
conditions of the waivers are met.
    (c) Community relations. (1) Prior to the initiation of RD, the lead 
agency shall review the CRP to determine whether it should be revised to 
describe further public involvement activities during RD/RA that are not 
already addressed or provided for in the CRP.
    (2) After the adoption of the ROD, if the remedial action or 
enforcement action taken, or the settlement or consent decree entered 
into, differs significantly from the remedy selected in the ROD with 
respect to scope, performance, or cost, the lead agency shall consult 
with the support agency, as appropriate, and shall either:
    (i) Publish an explanation of significant differences when the 
differences in the remedial or enforcement action, settlement, or 
consent decree significantly change but do not fundamentally alter the 
remedy selected in the ROD with respect to scope, performance, or cost. 
To issue an explanation of significant differences, the lead agency 
shall:
    (A) Make the explanation of significant differences and supporting 
information available to the public in the administrative record 
established under Sec. 300.815 and the information repository; and
    (B) Publish a notice that briefly summarizes the explanation of 
significant differences, including the reasons for such differences, in 
a major local newspaper of general circulation; or
    (ii) Propose an amendment to the ROD if the differences in the 
remedial or enforcement action, settlement, or consent decree 
fundamentally alter the basic features of the selected remedy with 
respect to scope, performance, or cost. To amend the ROD, the lead 
agency, in conjunction with the support agency, as provided in Sec. 
300.515(e), shall:
    (A) Issue a notice of availability and brief description of the 
proposed amendment to the ROD in a major local newspaper of general 
circulation;
    (B) Make the proposed amendment to the ROD and information 
supporting the decision available for public comment;
    (C) Provide a reasonable opportunity, not less than 30 calendar 
days, for submission of written or oral comments on the amendment to the 
ROD. Upon

[[Page 78]]

timely request, the lead agency will extend the public comment period by 
a minimum of 30 additional days;
    (D) Provide the opportunity for a public meeting to be held during 
the public comment period at or near the facility at issue;
    (E) Keep a transcript of comments received at the public meeting 
held during the public comment period;
    (F) Include in the amended ROD a brief explanation of the amendment 
and the response to each of the significant comments, criticisms, and 
new relevant information submitted during the public comment period;
    (G) Publish a notice of the availability of the amended ROD in a 
major local newspaper of general circulation; and
    (H) Make the amended ROD and supporting information available to the 
public in the administrative record and information repository prior to 
the commencement of the remedial action affected by the amendment.
    (3) After the completion of the final engineering design, the lead 
agency shall issue a fact sheet and provide, as appropriate, a public 
briefing prior to the initiation of the remedial action.
    (d) Contractor conflict of interest. (1) For Fund-financed RD/RA and 
O&M activities, the lead agency shall:
    (i) Include appropriate language in the solicitation requiring 
potential prime contractors to submit information on their status, as 
well as the status of their subcontractors, parent companies, and 
affiliates, as potentially responsible parties at the site.
    (ii) Require potential prime contractors to certify that, to the 
best of their knowledge, they and their potential subcontractors, parent 
companies, and affiliates have disclosed all information described in 
Sec. 300.435(d)(1)(i) or that no such information exists, and that any 
such information discovered after submission of their bid or proposal or 
contract award will be disclosed immediately.
    (2) Prior to contract award, the lead agency shall evaluate the 
information provided by the potential prime contractors and:
    (i) Determine whether they have conflicts of interest that could 
significantly impact the performance of the contract or the liability of 
potential prime contractors or subcontractors.
    (ii) If a potential prime contractor or subcontractor has a conflict 
of interest that cannot be avoided or otherwise resolved, and using that 
potential prime contractor or subcontractor to conduct RD/RA or O&M work 
under a Fund-financed action would not be in the best interests of the 
state or federal government, an offeror or bidder contemplating use of 
that prime contractor or subcontractor may be declared nonresponsible or 
ineligible for award in accordance with appropriate acquisition 
regulations, and the contract may be awarded to the next eligible 
offeror or bidder.
    (e) Recontracting. (1) If a Fund-financed contract must be 
terminated because additional work outside the scope of the contract is 
needed, EPA is authorized to take appropriate steps to continue interim 
RAs as necessary to reduce risks to public health and the environment. 
Appropriate steps may include extending an existing contract for a 
federal-lead RA or amending a cooperative agreement for a state-lead RA. 
Until the lead agency can reopen the bidding process and recontract to 
complete the RA, EPA may take such appropriate steps as described above 
to cover interim work to reduce such risks, where:
    (i) Additional work is found to be needed as a result of such 
unforeseen situations as newly discovered sources, types, or quantities 
of hazardous substances at a facility; and
    (ii) Performance of the complete RA requires the lead agency to 
rebid the contract because the existing contract does not encompass this 
newly discovered work.
    (2) The cost of such interim actions shall not exceed $2 million.
    (f) Operation and maintenance. (1) Operation and maintenance (O&M) 
measures are initiated after the remedy has achieved the remedial action 
objectives and remediation goals in the ROD, and is determined to be 
operational and functional, except for ground- or surface-water 
restoration actions covered under Sec. 300.435(f)(4). A state must 
provide its assurance to assume responsibility for O&M, including, where 
appropriate, requirements for maintaining

[[Page 79]]

institutional controls, under Sec. 300.510(c).
    (2) A remedy becomes ``operational and functional'' either one year 
after construction is complete, or when the remedy is determined 
concurrently by EPA and the state to be functioning properly and is 
performing as designed, whichever is earlier. EPA may grant extensions 
to the one-year period, as appropriate.
    (3) For Fund-financed remedial actions involving treatment or other 
measures to restore ground- or surface-water quality to a level that 
assures protection of human health and the environment, the operation of 
such treatment or other measures for a period of up to 10 years after 
the remedy becomes operational and functional will be considered part of 
the remedial action. Activities required to maintain the effectiveness 
of such treatment or measures following the 10-year period, or after 
remedial action is complete, whichever is earlier, shall be considered 
O&M. For the purposes of federal funding provided under CERCLA section 
104(c)(6), a restoration activity will be considered administratively 
``complete'' when:
    (i) Measures restore ground- or surface-water quality to a level 
that assures protection of human health and the environment;
    (ii) Measures restore ground or surface water to such a point that 
reductions in contaminant concentrations are no longer significant; or
    (iii) Ten years have elapsed, whichever is earliest.
    (4) The following shall not be deemed to constitute treatment or 
other measures to restore contaminated ground or surface water under 
Sec. 300.435(f)(3):
    (i) Source control maintenance measures; and
    (ii) Ground- or surface-water measures initiated for the primary 
purpose of providing a drinking-water supply, not for the purpose of 
restoring ground water.



Sec. 300.440  Procedures for planning and implementing off-site response 
actions.

    (a) Applicability. (1) This section applies to any remedial or 
removal action involving the off-site transfer of any hazardous 
substance, pollutant, or contaminant as defined under CERCLA sections 
101 (14) and (33) (``CERCLA waste'') that is conducted by EPA, States, 
private parties, or other Federal agencies, that is Fund-financed and/or 
is taken pursuant to any CERCLA authority, including cleanups at Federal 
facilities under section 120 of CERCLA, and cleanups under section 311 
of the Clean Water Act (except for cleanup of petroleum exempt under 
CERCLA). Applicability extends to those actions taken jointly under 
CERCLA and another authority.
    (2) In cases of emergency removal actions under CERCLA, emergency 
actions taken during remedial actions, or response actions under section 
311 of the Clean Water Act where the release poses an immediate and 
significant threat to human health and the environment, the On-Scene 
Coordinator (OSC) may determine that it is necessary to transfer CERCLA 
waste off-site without following the requirements of this section.
    (3) This section applies to CERCLA wastes from cleanup actions based 
on CERCLA decision documents signed or consent decrees lodged after 
October 17, 1986 (``post-SARA CERCLA wastes'') as well as those based on 
CERCLA decision documents signed and consent decrees lodged prior to 
October 17, 1986 (``pre-SARA CERCLA wastes''). Pre-SARA and post-SARA 
CERCLA wastes are subject to the same acceptability criteria in Sec. 
300.440(b)(1) and (2).
    (4) EPA (usually the EPA Regional Office) will determine the 
acceptability under this section of any facility selected for the 
treatment, storage, or disposal of CERCLA waste. EPA will determine if 
there are relevant releases or relevant violations at a facility prior 
to the facility's initial receipt of CERCLA waste. A facility which has 
previously been evaluated and found acceptable under this rule (or the 
preceding policy) is acceptable until the EPA Regional Office notifies 
the facility otherwise pursuant to Sec. 300.440(d).
    (5) Off-site transfers of those laboratory samples and treatability 
study CERCLA wastes from CERCLA sites set out in paragraphs (a)(5)(i) 
through (iii) of this section, are not subject to

[[Page 80]]

the requirements of this section. However, those CERCLA wastes may not 
be transferred back to the CERCLA site unless the Remedial Project 
Manager or OSC assures the proper management of the CERCLA waste samples 
or residues and gives permission to the laboratory or treatment facility 
for the samples and/or residues to be returned to the site.
    (i) Samples of CERCLA wastes sent to a laboratory for 
characterization;
    (ii) RCRA hazardous wastes that are being transferred from a CERCLA 
site for treatability studies and that meet the requirements for an 
exemption for RCRA under 40 CFR 261.4(e); and
    (iii) Non-RCRA wastes that are being transferred from a CERCLA site 
for treatability studies and that are below the quantity threshold 
established at 40 CFR 261.4(e)(2).
    (b) Acceptability criteria--(1) Facility compliance. (i) A facility 
will be deemed in compliance for the purpose of this rule if there are 
no relevant violations at or affecting the unit or units receiving 
CERCLA waste:
    (A) For treatment to standards specified in 40 CFR part 268, subpart 
D, including any pre-treatment or storage units used prior to treatment;
    (B) For treatment to substantially reduce its mobility, toxicity or 
persistence in the absence of a defined treatment standard, including 
any pre-treatment or storage units used prior to treatment; or
    (C) For storage or ultimate disposal of CERCLA waste not treated to 
the previous criteria at the same facility.
    (ii) Relevant violations include significant deviations from 
regulations, compliance order provisions, or permit conditions designed 
to: ensure that CERCLA waste is destined for and delivered to authorized 
facilities; prevent releases of hazardous waste, hazardous constituents, 
or hazardous substances to the environment; ensure early detection of 
such releases; or compel corrective action for releases. Criminal 
violations which result in indictment are also relevant violations. In 
addition, violations of the following requirements may be considered 
relevant:
    (A) Applicable subsections of sections 3004 and 3005 of RCRA or, 
where applicable, other Federal laws (such as the Toxic Substances 
Control Act and subtitle D of RCRA);
    (B) Applicable sections of State environmental laws; and
    (C) In addition, land disposal units at RCRA subtitle C facilities 
receiving RCRA hazardous waste from response actions authorized or 
funded under CERCLA must be in compliance with RCRA section 3004(o) 
minimum technology requirements. Exceptions may be made only if the unit 
has been granted a waiver from these requirements under 40 CFR 264.301.
    (2) Releases. (i) Release is defined in Sec. 300.5 of this part. 
Releases under this section do not include:
    (A) De minimis releases;
    (B) Releases permitted under Federal programs or under Federal 
programs delegated to the States (Federally permitted releases are 
defined in Sec. 300.5), except to the extent that such releases are 
found to pose a threat to human health and the environment; or
    (C) Releases to the air that do not exceed standards promulgated 
pursuant to RCRA section 3004(n), or absent such standards, or where 
such standards do not apply, releases to the air that do not present a 
threat to human health or the environment.
    (ii) Releases from units at a facility designated for off-site 
transfer of CERCLA waste must be addressed as follows:
    (A) Receiving units at RCRA subtitle C facilities. CERCLA wastes may 
be transferred to an off-site unit regulated under subtitle C of RCRA, 
including a facility regulated under the permit-by-rule provisions of 40 
CFR 270.60 (a), (b) or (c), only if that unit is not releasing any 
hazardous waste, hazardous constituent, or hazardous substance into the 
ground water, surface water, soil or air.
    (B) Other units at RCRA subtitle C land disposal facilities. CERCLA 
wastes may not be transferred to any unit at a RCRA subtitle C land 
disposal facility where a non-receiving unit is releasing any hazardous 
waste, hazardous constituent, or hazardous substance into the ground 
water, surface water, soil, or air, unless that release is controlled by 
an enforceable agreement for corrective action under subtitle C of RCRA 
or other applicable Federal or

[[Page 81]]

State authority. For purposes of this section, a RCRA ``land disposal 
facility'' is any RCRA facility at which a land disposal unit is 
located, regardless of whether a land disposal unit is the receiving 
unit.
    (C) Other units at RCRA subtitle C treatment, storage, and permit-
by-rule facilities. CERCLA wastes may not be transferred to any unit at 
a RCRA subtitle C treatment, storage or permit-by-rule facility, where a 
release of any hazardous waste, hazardous constituent, or hazardous 
substance from non-receiving units poses a significant threat to public 
health or the environment, unless that release is controlled by an 
enforceable agreement for corrective action under subtitle C of RCRA or 
other applicable Federal or State authority.
    (D) All other facilities. CERCLA wastes should not be transferred to 
any unit at an other-than-RCRA subtitle C facility if the EPA Regional 
Office has information indicating that an environmentally significant 
release of hazardous substances has occurred at that facility, unless 
the release is controlled by an enforceable agreement for corrective 
action under an applicable Federal or State authority.
    (iii) Releases are considered to be ``controlled'' for the purpose 
of this section as provided in Sec. 300.440 (f)(3)(iv) and (f)(3)(v). A 
release is not considered ``controlled'' for the purpose of this section 
during the pendency of administrative or judicial challenges to 
corrective action requirements, unless the facility has made the 
requisite showing under Sec. 300.440(e).
    (c) Basis for determining acceptability. (1) If a State finds that a 
facility within its jurisdiction is operating in non-compliance with 
state law requirements including the requirements of any Federal program 
for which the State has been authorized, EPA will determine, after 
consulting with the State as appropriate, if the violation is relevant 
under the rule and if so, issue an initial determination of 
unacceptability.
    (2) If a State finds that releases are occurring at a facility 
regulated under State law or a Federal program for which the State is 
authorized, EPA will determine, after consulting with the State as 
appropriate, if the release is relevant under the rule and if so, issue 
an initial determination of unacceptability.
    (3) EPA may also issue initial determinations of unacceptability 
based on its own findings. EPA can undertake any inspections, data 
collection and/or assessments necessary. EPA will then notify with the 
State about the results and issue a determination notice if a relevant 
violation or release is found.
    (d) Determination of unacceptability. (1) Upon initial determination 
by the EPA Regional Office that a facility being considered for the off-
site transfer of any CERCLA waste does not meet the criteria for 
acceptability stated in Sec. 300.440(b), the EPA Region shall notify 
the owner/operator of such facility, and the responsible agency in the 
State in which the facility is located, of the unacceptability finding. 
The notice will be sent by certified and first-class mail, return 
receipt requested. The certified notice, if not acknowledged by the 
return receipt card, should be considered to have been received by the 
addressee if properly sent by regular mail to the last address known to 
the EPA Regional Office.
    (2) The notice shall generally: state that based on available 
information from a RCRA Facility Assessment (RFA), inspection, or other 
data sources, the facility has been found not to meet the requirements 
of Sec. 300.440; cite the specific acts, omissions, or conditions which 
form the basis of these findings; and inform the owner/operator of the 
procedural recourse available under this regulation.
    (3) A facility which was previously evaluated and found acceptable 
under this rule (or the preceding policy) may continue to receive CERCLA 
waste for 60 calendar days after the date of issuance of the notice, 
unless otherwise determined in accordance with paragraphs (d)(8) or 
(d)(9) of this section.
    (4) If the owner or operator of the facility in question submits a 
written request for an informal conference with the EPA Regional Office 
within 10 calendar days from the issuance of the notice, the EPA 
Regional Office shall provide the opportunity for such conference no 
later than 30 calendar days after the date of the notice, if possible,

[[Page 82]]

to discuss the basis for the underlying violation or release 
determination, and its relevance to the facility's acceptability to 
receive CERCLA cleanup wastes. State representatives may attend the 
informal conference, submit written comments prior to the informal 
conference, and/or request additional meetings with the EPA Region, 
relating to the unacceptability issue during the determination process. 
If no State representative is present, EPA shall notify the State of the 
outcome of the conference. An owner/operator may submit written comments 
by the 30th day after issuance of the notice, in addition to or instead 
of requesting an informal conference.
    (5) If the owner or operator neither requests an informal conference 
nor submits written comments, the facility becomes unacceptable to 
receive CERCLA waste on the 60th day after the notice is issued (or on 
such other date designated under paragraph (d)(9) of this section). The 
facility will remain unacceptable until such time as the EPA Regional 
Office notifies the owner or operator otherwise.
    (6) If an informal conference is held or written comments are 
received, the EPA Region shall decide whether or not the information 
provided is sufficient to show that the facility is operating in 
physical compliance with respect to the relevant violations cited in the 
initial notice of unacceptability, and that all relevant releases have 
been eliminated or controlled, as required in paragraph (b)(2) of this 
section, such that a determination of acceptability would be 
appropriate. EPA will notify the owner/operator in writing whether or 
not the information provided is sufficient to support a determination of 
acceptability. Unless EPA determines that information provided by the 
owner/operator and the State is sufficient to support a determination of 
acceptability, the facility becomes unacceptable on the 60th calendar 
day after issuance of the original notice of unacceptability (or other 
date established pursuant to paragraphs (d)(8) or (d)(9) of this 
section).
    (7) Within 10 days of hearing from the EPA Regional Office after the 
informal conference or the submittal of written comments, the owner/
operator or the State may request a reconsideration of the 
unacceptability determination by the EPA Regional Administrator (RA). 
Reconsideration may be by review of the record, by conference, or by 
other means deemed appropriate by the Regional Administrator; 
reconsideration does not automatically stay the determination beyond the 
60-day period. The owner/operator will receive notice in writing of the 
decision of the RA.
    (8) The EPA Regional Administrator may decide to extend the 60-day 
period if more time is required to review a submission. The facility 
owner/operator shall be notified in writing if the Regional 
Administrator extends the 60 days.
    (9) The EPA Regional Office may decide that a facility's 
unacceptability is immediately effective (or effective in less than 60 
days) in extraordinary situations such as, but not limited to, 
emergencies at the facility or egregious violations. The EPA Region 
shall notify the facility owner/operator of the date of unacceptability, 
and may modify timeframes for comments and other procedures accordingly.
    (e) Unacceptability during administrative and judicial challenges of 
corrective action decisions. For a facility with releases that are 
subject to a corrective action permit, order, or decree, an 
administrative or judicial challenge to the corrective action (or a 
challenge to a permit modification calling for additional corrective 
action) shall not be considered to be part of a corrective action 
``program'' controlling those releases and shall not act to stay a 
determination of unacceptability under this rule. However, such facility 
may remain acceptable to receive CERCLA waste during the pendency of the 
appeal or litigation if:
    (1) It satisfies the EPA Regional Office that adequate interim 
corrective action measures will continue at the facility; or
    (2) It demonstrates to the EPA Regional Office the absence of a need 
to take corrective action during the short-term, interim period.

Either demonstration may be made during the 60-day review period in the 
context of the informal conference and RA reconsideration.

[[Page 83]]

    (f) Re-evaluating unacceptability. If, after notification of 
unacceptability and the opportunity to confer as described in Sec. 
300.440(d), the facility remains unacceptable, the facility can regain 
acceptability. A facility found to be unacceptable to receive CERCLA 
wastes based on relevant violations or releases may regain acceptability 
if the following conditions are met:
    (1) Judgment on the merits. The facility has prevailed on the merits 
in an administrative or judicial challenge to the finding of 
noncompliance or uncontrolled releases upon which the unacceptability 
determination was based.
    (2) Relevant violations. The facility has demonstrated to the EPA 
Region its return to physical compliance for the relevant violations 
cited in the notice.
    (3) Releases. The facility has demonstrated to the EPA Region that:
    (i) All releases from receiving units at RCRA subtitle C facilities 
have been eliminated and prior contamination from such releases is 
controlled by a corrective action program approved under subtitle C of 
RCRA;
    (ii) All releases from other units at RCRA subtitle C land disposal 
facilities are controlled by a corrective action program approved under 
subtitle C of RCRA;
    (iii) All releases from other units at RCRA subtitle C treatment and 
storage facilities do not pose a significant threat to human health or 
the environment, or are controlled by a corrective action program 
approved under subtitle C of RCRA.
    (iv) A RCRA subtitle C corrective action program may be incorporated 
into a permit, order, or decree, including the following: a corrective 
action order under RCRA section 3008(h), section 7003 or section 3013, a 
RCRA permit under 40 CFR 264.100 or 264.101, or a permit under an 
equivalent authority in a State authorized for corrective action under 
RCRA section 3004(u). Releases will be deemed controlled upon issuance 
of the order, permit, or decree which initiates and requires completion 
of one or more of the following: a RCRA Facility Investigation, a RCRA 
Corrective Measures Study, and/or Corrective Measures Implementation. 
The release remains controlled as long as the facility is in compliance 
with the order, permit, or decree, and enters into subsequent agreements 
for implementation of additional corrective action measures when 
necessary, except during periods of administrative or judicial 
challenges, when the facility must make a demonstration under Sec. 
300.440(e) in order to remain acceptable.
    (v) Facilities with releases regulated under other applicable 
Federal laws, or State laws under a Federally-delegated program may 
regain acceptability under this section if the releases are deemed by 
the EPA Regional Office not to pose a threat to human health or the 
environment, or if the facility enters into an enforceable agreement 
under those laws to conduct corrective action activities to control 
releases. Releases will be deemed controlled upon the issuance of an 
order, permit, or decree which initiates and requires one or more of the 
following: a facility investigation, a corrective action study, and/or 
corrective measures implementation. The release remains controlled as 
long as the facility is in compliance with the order, permit, or decree, 
and enters into subsequent agreements for implementation of additional 
corrective measures when necessary, except during periods of 
administrative or judicial challenges, when the facility must make a 
demonstration under Sec. 300.440(e) in order to remain acceptable.
    (4) Prior to the issuance of a determination that a facility has 
returned to acceptability, the EPA Region shall notify the State in 
which the facility is located, and provide an opportunity for the State 
to discuss the facility's acceptability status with EPA.
    (5) An unacceptable facility may be reconsidered for acceptability 
whenever the EPA Regional Office finds that the facility fulfills the 
criteria stated in Sec. 300.440(b). Upon such a finding, the EPA 
Regional Office shall notify the facility and the State in writing.

[58 FR 49215, Sept. 22, 1993]

[[Page 84]]



       Subpart F_State Involvement in Hazardous Substance Response

    Source: 55 FR 8853, Mar. 8, 1990, unless otherwise noted.



Sec. 300.500  General.

    (a) EPA shall ensure meaningful and substantial state involvement in 
hazardous substance response as specified in this subpart. EPA shall 
provide an opportunity for state participation in removal, pre-remedial, 
remedial, and enforcement response activities. EPA shall encourage 
states to enter into an EPA/state Superfund Memorandum of Agreement 
(SMOA) under Sec. 300.505 to increase state involvement and strengthen 
the EPA/state partnership.
    (b) EPA shall encourage states to participate in Fund-financed 
response in two ways. Pursuant to Sec. 300.515(a), states may either 
assume the lead through a cooperative agreement for the response action 
or may be the support agency in EPA-lead remedial response. Section 
300.515 sets forth requirements for state involvement in EPA-lead 
remedial and enforcement response and also addresses comparable 
requirements for EPA involvement in state-lead remedial and enforcement 
response. Section 300.520 specifies requirements for state involvement 
in EPA-lead enforcement negotiations. Section 300.525 specifies 
requirements for state involvement in removal actions. In addition to 
the requirements set forth in this subpart, 40 CFR part 35, subpart O, 
``Cooperative Agreements and Superfund State Contracts for Superfund 
Response Actions,'' contains further requirements for state 
participation during response.



Sec. 300.505  EPA/State Superfund Memorandum of Agreement (SMOA).

    (a) The SMOA may establish the nature and extent of EPA and state 
interaction during EPA-lead and state-lead response (Indian tribes 
meeting the requirements of Sec. 300.515(b) may be treated as states 
for purposes of this section). EPA shall enter into SMOA discussions if 
requested by a state. The following may be addressed in a SMOA:
    (1) The EPA/state or Indian tribe relationship for removal, pre-
remedial, remedial, and enforcement response, including a description of 
the roles and the responsibilities of each.
    (2) The general requirements for EPA oversight. Oversight 
requirements may be more specifically defined in cooperative agreements.
    (3) The general nature of lead and support agency interaction 
regarding the review of key documents and/or decision points in removal, 
pre-remedial, remedial, and enforcement response. The requirements for 
EPA and state review of each other's key documents when each is serving 
as the support agency shall be equivalent to the extent practicable. 
Review times agreed to in the SMOA must also be documented in site-
specific cooperative agreements or Superfund state contracts in order to 
be binding.
    (4) Procedures for modification of the SMOA (e.g., if EPA and a 
state agree that the lead and support agency roles and responsibilities 
have changed, or if modifications are required to achieve desired 
goals).
    (b) The SMOA and any modifications thereto shall be executed by the 
EPA Regional Administrator and the head of the state agency designated 
as lead agency for state implementation of CERCLA.
    (c) Site-specific agreements entered into pursuant to section 
104(d)(1) of CERCLA shall be developed in accordance with 40 CFR part 
35, subpart O. The SMOA shall not supersede such agreements.
    (d)(1) EPA and the state shall consult annually to determine 
priorities and make lead and support agency designations for removal, 
pre-remedial, remedial, and enforcement response to be conducted during 
the next fiscal year and to discuss future priorities and long-term 
requirements for response. These consultations shall include the 
exchange of information on both Fund- and non-Fund-financed response 
activities. The SMOA may describe the timeframe and process for the EPA/
state consultation.
    (2) The following activities shall be discussed in the EPA/state 
consultations established in the SMOA, or otherwise initiated and 
documented in writing in the absence of a SMOA, on a site-specific basis 
with EPA and the

[[Page 85]]

state identifying the lead agency for each response action discussed:
    (i) Pre-remedial response actions, including preliminary assessments 
and site inspections;
    (ii) Hazard Ranking System scoring and NPL listing and deletion 
activities;
    (iii) Remedial phase activities, including remedial investigation/
feasibility study, identification of potential applicable or relevant 
and appropriate requirements (ARARs) under federal and state 
environmental laws and, as appropriate, other advisories, criteria, or 
guidance to be considered (TBCs), proposed plan, ROD, remedial design, 
remedial action, and operation and maintenance;
    (iv) Potentially responsible party (PRP) searches, notices to PRPs, 
response to information requests, PRP negotiations, oversight of PRPs, 
other enforcement actions pursuant to state law, and activities where 
the state provides support to EPA;
    (v) Compilation and maintenance of the administrative record for 
selection of a response action as required by subpart I of this part;
    (vi) Related site support activities;
    (vii) State ability to share in the cost and timing of payments; and
    (viii) General CERCLA implementation activities.
    (3) If a state is designated as the lead agency for a non-Fund-
financed action at an NPL site, the SMOA shall be supplemented by site-
specific enforcement agreements between EPA and the state which specify 
schedules and EPA involvement.
    (4) In the absence of a SMOA, EPA and the state shall comply with 
the requirements in Sec. 300.515(h). If the SMOA does not address all 
of the requirements specified in Sec. 300.515(h), EPA and the state 
shall comply with any unaddressed requirements in that section.



Sec. 300.510  State assurances.

    (a) A Fund-financed remedial action undertaken pursuant to CERCLA 
section 104(a) cannot proceed unless a state provides its applicable 
required assurances. The assurances must be provided by the state prior 
to the initiation of remedial action pursuant to a Superfund state 
contract for EPA-lead (or political subdivision-lead) remedial action or 
pursuant to a cooperative agreement for a state-lead remedial action. 
The SMOA may not be used for this purpose. Federally recognized Indian 
tribes are not required to provide CERCLA section 104(c)(3) assurances 
for Fund-financed response actions. Further requirements pertaining to 
state, political subdivision, and federally recognized Indian tribe 
involvement in CERCLA response are found in 40 CFR part 35, subpart O.
    (b)(1) The state is not required to share in the cost of state- or 
EPA-lead Fund-financed removal actions (including remedial planning 
activities associated with remedial actions) conducted pursuant to 
CERCLA section 104 unless the facility was operated by the state or a 
political subdivision thereof at the time of disposal of hazardous 
substances therein and a remedial action is ultimately undertaken at the 
site. Such remedial planning activities include, but are not limited to, 
remedial investigations (RIs), feasibility studies (FSs), and remedial 
design (RD). States shall be required to share 50 percent, or greater, 
in the cost of all Fund-financed response actions if the facility was 
publicly operated at the time of the disposal of hazardous substances. 
For other facilities, except federal facilities, the state shall be 
required to share 10 percent of the cost of the remedial action.
    (2) CERCLA section 104(c)(5) provides that EPA shall grant a state 
credit for reasonable, documented, direct, out-of-pocket, non-federal 
expenditures subject to the limitations specified in CERCLA section 
104(c)(5). For a state to apply credit toward its cost share, it must 
enter into a cooperative agreement or Superfund state contract. The 
state must submit as soon as possible, but no later than at the time 
CERCLA section 104 assurances are provided for a remedial action, its 
accounting of eligible credit expenditures for EPA verification. 
Additional credit requirements are contained in 40 CFR part 35, subpart 
O.
    (3) Credit may be applied to a state's future cost share 
requirements at NPL sites for response expenditures or obligations 
incurred by the state or a political subdivision from January 1, 1978

[[Page 86]]

to December 11, 1980, and for the remedial action expenditures incurred 
only by the state after October 17, 1986.
    (4) Credit that exceeds the required cost share at the site for 
which the credit is granted may be transferred to another site to offset 
a state's required remedial action cost share.
    (c)(1) Prior to a Fund-financed remedial action, the state must also 
provide its assurance in accordance with CERCLA section 104(c)(3)(A) to 
assume responsibility for operation and maintenance of implemented 
remedial actions for the expected life of such actions. In addition, 
when appropriate, as part of the O&M assurance, the state must assure 
that any institutional controls implemented as part of the remedial 
action at a site are in place, reliable, and will remain in place after 
the initiation of O&M. The state and EPA shall consult on a plan for 
operation and maintenance prior to the initiation of a remedial action.
    (2) After a joint EPA/State inspection of the implemented Fund-
financed remedial action under Sec. 300.515(g), EPA may share, for any 
extension period established in Sec. 300.435(f)(2), in the cost of the 
operation of the remedy to ensure that the remedy is operational and 
functional. In the case of restoration of ground or surface water, EPA 
shall share in the cost of the State's operation of ground- or surface-
water restoration remedial actions as specified in Sec. 300.435(f)(3).
    (d) In accordance with CERCLA sections 104 (c)(3)(B) and 121(d)(3), 
if the remedial action requires off-site storage, destruction, 
treatment, or disposal, the state must provide its assurance before the 
remedial action begins on the availability of a hazardous waste disposal 
facility that is in compliance with CERCLA section 121(d)(3) and is 
acceptable to EPA.
    (e)(1) In accordance with CERCLA section 104(c)(9), EPA shall not 
provide any remedial action pursuant to CERCLA section 104 until the 
state in which the release occurs enters into a cooperative agreement or 
Superfund state contract with EPA providing assurances deemed adequate 
by EPA that the state will assure the availability of hazardous waste 
treatment or disposal facilities which:
    (i) Have adequate capacity for the destruction, treatment, or secure 
disposition of all hazardous wastes that are reasonably expected to be 
generated within the state during the 20-year period following the date 
of such cooperative agreement or Superfund state contract and to be 
destroyed, treated, or disposed;
    (ii) Are within the state, or outside the state in accordance with 
an interstate agreement or regional agreement or authority;
    (iii) Are acceptable to EPA; and
    (iv) Are in compliance with the requirements of Subtitle C of the 
Solid Waste Disposal Act.
    (2) This rule does not address whether or not Indian tribes are 
states for purposes of this paragraph (e).
    (f) EPA may determine that an interest in real property must be 
acquired in order to conduct a response action. However, as provided in 
CERCLA section 104(j)(2), EPA may acquire an interest in real estate in 
order to conduct a remedial action only if the State in which the 
interest to be acquired is located provides assurances, through a 
contract, cooperative agreement or otherwise, that the State will accept 
transfer of the interest upon completion of the remedial action. For 
purposes of this paragraph, ``completion of the remedial action'' is the 
point at which operation and maintenance (O&M) measures would be 
initiated pursuant to Sec. 300.435(f). The State may accept a transfer 
of interest at an earlier point in time if agreed upon in writing by the 
State and EPA. Indian tribe assurances are to be provided as set out at 
40 CFR part 35, subpart O, Sec. 35.6110(b)(2).

[55 FR 8853, Mar. 8, 1990, as amended at 59 FR 35854, July 14, 1994]



Sec. 300.515  Requirements for state involvement in remedial and 
enforcement response.

    (a) General. (1) States are encouraged to undertake actions 
authorized under subpart E. Section 104(d)(1) of CERCLA authorizes EPA 
to enter into cooperative agreements or contracts with a state, 
political subdivision, or a federally recognized Indian tribe to carry

[[Page 87]]

out Fund-financed response actions authorized under CERCLA, when EPA 
determines that the state, the political subdivision, or federally 
recognized Indian tribe has the capability to undertake such actions. 
EPA will use a cooperative agreement to transfer funds to those entities 
to undertake Fund-financed response activities. The requirements for 
states, political subdivisions, or Indian tribes to receive funds as a 
lead or support agency for response are addressed at 40 CFR part 35, 
subpart O.
    (2) For EPA-lead Fund-financed remedial planning activities, 
including, but not limited to, remedial investigations, feasibility 
studies, and remedial designs, the state agency acceptance of the 
support agency role during an EPA-lead response shall be documented in a 
letter, SMOA, or cooperative agreement. Superfund state contracts are 
unnecessary for this purpose.
    (3) Cooperative agreements and Superfund state contracts are only 
appropriate for non-Fund-financed response actions if a state intends to 
seek credit for remedial action expenses under Sec. 300.510.
    (b) Indian tribe involvement during response. To be afforded 
substantially the same treatment as states under section 104 of CERCLA, 
the governing body of the Indian tribe must:
    (1) Be federally recognized; and
    (2) Have a tribal governing body that is currently performing 
governmental functions to promote the health, safety, and welfare of the 
affected population or to protect the environment within a defined 
geographic area; and
    (3) Have jurisdiction over a site at which Fund-financed response, 
including pre-remedial activities, is contemplated.
    (c) State involvement in PA/SI and National Priorities List process. 
EPA shall ensure state involvement in the listing and deletion process 
by providing states opportunities for review, consultation, or 
concurrence specified in this section.
    (1) EPA shall consult with states as appropriate on the information 
to be used in developing HRS scores for releases.
    (2) EPA shall, to the extent feasible, provide the state 30 working 
days to review releases which were scored by EPA and which will be 
considered for placement on the National Priorities List (NPL).
    (3) EPA shall provide the state 30 working days to review and concur 
on the Notice of Intent to Delete a release from the NPL. Section 
300.425 describes the EPA/state consultation and concurrence process for 
deleting releases from the NPL.
    (d) State involvement in RI/FS process. A key component of the EPA/
state partnership shall be the communication of potential federal and 
state ARARs and, as appropriate, other pertinent advisories, criteria, 
or guidance to be considered (TBCs).
    (1) In accordance with Sec. Sec. 300.400(g) and 300.430, the lead 
and support agencies shall identify their respective potential ARARs and 
communicate them to each other in a timely manner, i.e., no later than 
the early stages of the comparative analysis described in Sec. 
300.430(e)(9), such that sufficient time is available for the lead 
agency to consider and incorporate all potential ARARs without 
inordinate delays and duplication of effort. The lead and support 
agencies may also identify TBCs and communicate them in a timely manner.
    (2) When a state and EPA have entered into a SMOA, the SMOA may 
specify a consultation process which requires the lead agency to solicit 
potential ARARs at specified points in the remedial planning and remedy 
selection processes. At a minimum, the SMOA shall include the points 
specified in Sec. 300.515(h)(2). The SMOA shall specify timeframes for 
support agency response to lead agency requests to ensure that potential 
ARARs are identified and communicated in a timely manner. Such 
timeframes must also be documented in site-specific agreements. The SMOA 
may also discuss identification and communication of TBCs.
    (3) If EPA in its statement of a proposed plan intends to waive any 
state-identified ARARs, or does not agree with the state that a certain 
state standard is an ARAR, it shall formally notify the state when it 
submits the

[[Page 88]]

RI/FS report for state review or responds to the state's submission of 
the RI/FS report.
    (4) EPA shall respond to state comments on waivers from or 
disagreements about state ARARs, as well as the preferred alternative 
when making the RI/FS report and proposed plan available for public 
comment.
    (e) State involvement in selection of remedy. (1) Both EPA and the 
state shall be involved in preliminary discussions of the alternatives 
addressed in the FS prior to preparation of the proposed plan and ROD. 
At the conclusion of the RI/FS, the lead agency, in conjunction with the 
support agency, shall develop a proposed plan. The support agency shall 
have an opportunity to comment on the plan. The lead agency shall 
publish a notice of availability of the RI/FS report and a brief 
analysis of the proposed plan pursuant to Sec. 300.430(e) and (f). 
Included in the proposed plan shall be a statement that the lead and 
support agencies have reached agreement or, where this is not the case, 
a statement explaining the concerns of the support agency with the lead 
agency's proposed plan. The state may not publish a proposed plan that 
EPA has not approved. EPA may assume the lead from the state if 
agreement cannot be reached.
    (2)(i) EPA and the state shall identify, at least annually, sites 
for which RODs will be prepared during the next fiscal year, in 
accordance with Sec. 300.515(h)(1). For all EPA-lead sites, EPA shall 
prepare the ROD and provide the state an opportunity to concur with the 
recommended remedy. For Fund-financed state-lead sites, EPA and the 
state shall designate sites, in a site-specific agreement, for which the 
state shall prepare the ROD and seek EPA's concurrence and adoption of 
the remedy specified therein, and sites for which EPA shall prepare the 
ROD and seek the state's concurrence. EPA and the state may designate 
sites for which the state shall prepare the ROD for non-Fund-financed 
state-lead enforcement response actions (i.e., actions taken under state 
law) at an NPL site. The state may seek EPA's concurrence in the remedy 
specified therein. Either EPA or the state may choose not to designate a 
site as state-lead.
    (ii) State concurrence on a ROD is not a prerequisite to EPA's 
selecting a remedy, i.e., signing a ROD, nor is EPA's concurrence a 
prerequisite to a state's selecting a remedy at a non-Fund-financed 
state-lead enforcement site under state law. Unless EPA's Assistant 
Administrator for Solid Waste and Emergency Response or Regional 
Administrator concurs in writing with a state-prepared ROD, EPA shall 
not be deemed to have approved the state decision. A state may not 
proceed with a Fund-financed response action unless EPA has first 
concurred in and adopted the ROD. Section 300.510(a) specifies 
limitations on EPA's proceeding with a remedial action without state 
assurances.
    (iii) The lead agency shall provide the support agency with a copy 
of the signed ROD for remedial actions to be conducted pursuant to 
CERCLA.
    (iv) On state-lead sites identified for EPA concurrence, the state 
generally shall be expected to maintain its lead agency status through 
the completion of the remedial action.
    (f) Enhancement of remedy. (1) A state may ask EPA to make changes 
in or expansions of a remedial action selected under subpart E.
    (i) If EPA finds that the proposed change or expansion is necessary 
and appropriate to the EPA-selected remedial action, the remedy may be 
modified (consistent with Sec. 300.435(c)(2)) and any additional costs 
paid as part of the remedial action.
    (ii) If EPA finds that the proposed change or expansion is not 
necessary to the selected remedial action, but would not conflict or be 
inconsistent with the EPA-selected remedy, EPA may agree to integrate 
the proposed change or expansion into the planned CERCLA remedial work 
if:
    (A) The state agrees to fund the entire additional cost associated 
with the change or expansion; and
    (B) The state agrees to assume the lead for supervising the state-
funded component of the remedy or, if EPA determines that the state-
funded component cannot be conducted as a separate phase or activity, 
for supervising the remedial design and construction of the entire 
remedy.

[[Page 89]]

    (2) Where a state does not concur in a remedial action secured by 
EPA under CERCLA section 106, and the state desires to have the remedial 
action conform to an ARAR that has been waived under Sec. 
300.430(f)(1)(ii)(C), a state may seek to have that remedial action so 
conform, in accordance with the procedures set out in CERCLA section 
121(f)(2) .
    (g) State involvement in remedial design/remedial action. The extent 
and nature of state involvement during remedial design and remedial 
action shall be specified in site-specific cooperative agreements or 
Superfund state contracts, consistent with 40 CFR part 35, subpart O. 
For Fund-financed remedial actions, the lead and support agencies shall 
conduct a joint inspection at the conclusion of construction of the 
remedial action to determine that the remedy has been constructed in 
accordance with the ROD and with the remedial design.
    (h) Requirements for state involvement in absence of SMOA. In the 
absence of a SMOA, EPA and the state shall comply with the requirements 
in Sec. 300.515(h). If the SMOA does not address all of the 
requirements specified in Sec. 300.515(h), EPA and the state shall 
comply with any unaddressed requirements in that section.
    (1) Annual consultations. EPA shall conduct consultations with 
states at least annually to establish priorities and identify and 
document in writing the lead for remedial and enforcement response for 
each NPL site within the state for the upcoming fiscal year. States 
shall be given the opportunity to participate in long-term planning 
efforts for remedial and enforcement response during these annual 
consultations.
    (2) Identification of ARARs and TBCs. The lead and support agencies 
shall discuss potential ARARs during the scoping of the RI/FS. The lead 
agency shall request potential ARARs from the support agency no later 
than the time that the site characterization data are available. The 
support agency shall communicate in writing those potential ARARs to the 
lead agency within 30 working days of receipt of the lead agency request 
for these ARARs. The lead and support agencies may also discuss and 
communicate other pertinent advisories, criteria, or guidance to be 
considered (TBCs). After the initial screening of alternatives has been 
completed but prior to initiation of the comparative analysis conducted 
during the detailed analysis phase of the FS, the lead agency shall 
request that the support agency communicate any additional requirements 
that are applicable or relevant and appropriate to the alternatives 
contemplated within 30 working days of receipt of this request. The lead 
agency shall thereafter consult the support agency to ensure that 
identified ARARs and TBCs are updated as appropriate.
    (3) Support agency review of lead agency documents. The lead agency 
shall provide the support agency an opportunity to review and comment on 
the RI/FS, proposed plan, ROD, and remedial design, and any proposed 
determinations on potential ARARs and TBCs. The support agency shall 
have a minimum of 10 working days and a maximum of 15 working days to 
provide comments to the lead agency on the RI/FS, ROD, ARAR/TBC 
determinations, and remedial design. The support agency shall have a 
minimum of five working days and a maximum of 10 working days to comment 
on the proposed plan.
    (i) Administrative record requirements. The state, where it is the 
lead agency for a Fund-financed site, shall compile and maintain the 
administrative record for selection of a response action under subpart I 
of this part unless specified otherwise in the SMOA.



Sec. 300.520  State involvement in EPA-lead enforcement negotiations.

    (a) EPA shall notify states of response action negotiations to be 
conducted by EPA with potentially responsible parties during each fiscal 
year.
    (b) The state must notify EPA of such negotiations in which it 
intends to participate.
    (c) The state is not foreclosed from signing a consent decree if it 
does not participate substantially in the negotiations.

[[Page 90]]



Sec. 300.525  State involvement in removal actions.

    (a) States may undertake Fund-financed removal actions pursuant to a 
cooperative agreement with EPA. State-lead removal actions taken 
pursuant to cooperative agreements must be conducted in accordance with 
Sec. 300.415 on removal actions, and 40 CFR part 35, subpart O.
    (b) States are not required under section 104(c)(3) of CERCLA to 
share in the cost of a Fund-financed removal action, unless the removal 
is conducted at an NPL site that was operated by a state or political 
subdivision at the time of disposal of hazardous substances therein and 
a Fund-financed remedial action is ultimately undertaken at the site. In 
this situation, states are required to share, 50 percent or greater, in 
the cost of all removal (including remedial planning) and remedial 
action costs at the time of the remedial action.
    (c) States are encouraged to provide for post-removal site control 
as discussed in Sec. 300.415(k) for all Fund-financed removal actions.
    (d) States shall be responsible for identifying potential state 
ARARs for all Fund-financed removal actions and for providing such ARARs 
to EPA in a timely manner for all EPA-lead removal actions.
    (e) EPA shall consult with a state on all removal actions to be 
conducted in that state.



                Subpart G_Trustees for Natural Resources

    Source: 59 FR 47450, Sept. 15, 1994, unless otherwise noted.



Sec. 300.600  Designation of federal trustees.

    (a) The President is required to designate in the NCP those federal 
officials who are to act on behalf of the public as trustees for natural 
resources. Federal officials so designated will act pursuant to section 
107(f) of CERCLA, section 311(f)(5) of the CWA, and section 1006 of the 
OPA. Natural resources means land, fish, wildlife, biota, air, water, 
ground water, drinking water supplies, and other such resources 
belonging to, managed by, held in trust by, appertaining to, or 
otherwise controlled (hereinafter referred to as ``managed or 
controlled'') by the United States (including the resources of the 
exclusive economic zone).
    (b) The following individuals shall be the designated trustee(s) for 
general categories of natural resources, including their supporting 
ecosystems. They are authorized to act pursuant to section 107(f) of 
CERCLA, section 311(f)(5) of the CWA, or section 1006 of the OPA when 
there is injury to, destruction of, loss of, or threat to natural 
resources, including their supporting ecosystems, as a result of a 
release of a hazardous substance or a discharge of oil. Notwithstanding 
the other designations in this section, the Secretaries of Commerce and 
the Interior shall act as trustees of those resources subject to their 
respective management or control.
    (1) Secretary of Commerce. The Secretary of Commerce shall act as 
trustee for natural resources managed or controlled by DOC and for 
natural resources managed or controlled by other federal agencies and 
that are found in, under, or using waters navigable by deep draft 
vessels, tidally influenced waters, or waters of the contiguous zone, 
the exclusive economic zone, and the outer continental shelf. However, 
before the Secretary takes an action with respect to an affected 
resource under the management or control of another federal agency, he 
shall, whenever practicable, seek to obtain the concurrence of that 
other federal agency. Examples of the Secretary's trusteeship include 
the following natural resources and their supporting ecosystems: marine 
fishery resources; anadromous fish; endangered species and marine 
mammals; and the resources of National Marine Sanctuaries and National 
Estuarine Research Reserves.
    (2) Secretary of the Interior. The Secretary of the Interior shall 
act as trustee for natural resources managed or controlled by the DOI. 
Examples of the Secretary's trusteeship include the following natural 
resources and their supporting ecosystems: migratory birds; anadromous 
fish; endangered species and marine mammals; federally

[[Page 91]]

owned minerals; and certain federally managed water resources. The 
Secretary of the Interior shall also be trustee for those natural 
resources for which an Indian tribe would otherwise act as trustee in 
those cases where the United States acts on behalf of the Indian tribe.
    (3) Secretary for the land managing agency. For natural resources 
located on, over, or under land administered by the United States, the 
trustee shall be the head of the department in which the land managing 
agency is found. The trustees for the principal federal land managing 
agencies are the Secretaries of DOI, USDA, DOD, and DOE.
    (4) Head of authorized agencies. For natural resources located in 
the United States but not otherwise described in this section, the 
trustee shall be the head of the federal agency or agencies authorized 
to manage or control those resources.



Sec. 300.605  State trustees.

    State trustees shall act on behalf of the public as trustees for 
natural resources, including their supporting ecosystems, within the 
boundary of a state or belonging to, managed by, controlled by, or 
appertaining to such state. For the purposes of subpart G of this part, 
the definition of the term state does not include Indian tribes. The 
governor of a state is encouraged to designate a state lead trustee to 
coordinate all state trustee responsibilities with other trustee 
agencies and with response activities of the RRT and OSC. The state's 
lead trustee would designate a representative to serve as contact with 
the OSC. This individual should have ready access to appropriate state 
officials with environmental protection, emergency response, and natural 
resource responsibilities. The EPA Administrator or USCG Commandant or 
their designees may appoint the state lead trustee as a member of the 
Area Committee. Response strategies should be coordinated between the 
state and other trustees and the OSC for specific natural resource 
locations in an inland or coastal zone and should be included in the 
Fish and Wildlife and Sensitive Environments Plan annex of the ACP.



Sec. 300.610  Indian tribes.

    The tribal chairmen (or heads of the governing bodies) of Indian 
tribes, as defined in Sec. 300.5, or a person designated by the tribal 
officials, shall act on behalf of the Indian tribes as trustees for the 
natural resources, including their supporting ecosystems, belonging to, 
managed by, controlled by, or appertaining to such Indian tribe, or held 
in trust for the benefit of such Indian tribe, or belonging to a member 
of such Indian tribe, if such resources are subject to a trust 
restriction on alienation. When the tribal chairman or head of the 
tribal governing body designates another person as trustee, the tribal 
chairman or head of the tribal governing body shall notify the President 
of such designation. Such officials are authorized to act when there is 
injury to, destruction of, loss of, or threat to natural resources, 
including their supporting ecosystems as a result of a release of a 
hazardous substance.



Sec. 300.612  Foreign trustees.

    Pursuant to section 1006 of the OPA, foreign trustees shall act on 
behalf of the head of a foreign government as trustees for natural 
resources belonging to, managed by, controlled by, or appertaining to 
such foreign government.



Sec. 300.615  Responsibilities of trustees.

    (a) Where there are multiple trustees, because of coexisting or 
contiguous natural resources or concurrent jurisdictions, they should 
coordinate and cooperate in carrying out these responsibilities.
    (b) Trustees are responsible for designating to the RRTs and the 
Area Committees, for inclusion in the RCP and the ACP, appropriate 
contacts to receive notifications from the OSCs/RPMs of discharges or 
releases.
    (c)(1) Upon notification or discovery of injury to, destruction of, 
loss of, or threat to natural resources, trustees may, pursuant to 
section 107(f) of CERCLA, or section 311(f)(5) of the CWA, take the 
following or other actions as appropriate:
    (i) Conduct a preliminary survey of the area affected by the 
discharge or release to determine if trust resources

[[Page 92]]

under their jurisdiction are, or potentially may be, affected;
    (ii) Cooperate with the OSC/RPM in coordinating assessments, 
investigations, and planning;
    (iii) Carry out damage assessments; or
    (iv) Devise and carry out a plan for restoration, rehabilitation, 
replacement, or acquisition of equivalent natural resources. In 
assessing damages to natural resources, the federal, state, and Indian 
tribe trustees have the option of following the procedures for natural 
resource damage assessments located at 43 CFR part 11.
    (2) Upon notification or discovery of injury to, destruction of, 
loss of, or loss of use of, natural resources, or the potential for 
such, resulting from a discharge of oil occurring after August 18, 1990, 
the trustees, pursuant to section 1006 of the OPA, are to take the 
following actions:
    (i) In accordance with OPA section 1006(c), determine the need for 
assessment of natural resource damages, collect data necessary for a 
potential damage assessment, and, where appropriate, assess damages to 
natural resources under their trusteeship; and
    (ii) As appropriate, and subject to the public participation 
requirements of OPA section 1006(c), develop and implement a plan for 
the restoration, rehabilitation, replacement, or acquisition of the 
equivalent, of the natural resources under their trusteeship;
    (3)(i) The trustees, consistent with procedures specified in the 
Fish and Wildlife and Sensitive Environments Plan Annex to the Area 
Contingency Plan, shall provide timely advice on recommended actions 
concerning trustee resources that are potentially affected by a 
discharge of oil. This may include providing assistance to the OSC in 
identifying/recommending pre-approved response techniques and in 
predesignating shoreline types and areas in ACPs.
    (ii) The trustees shall assure, through the lead administrative 
trustee, that the OSC is informed of their activities regarding natural 
resource damage assessment that may affect response operations in order 
to assure coordination and minimize any interference with such 
operations. The trustees shall assure, through the lead administrative 
trustee, that all data from the natural resource damage assessment 
activities that may support more effective operational decisions are 
provided in a timely manner to the OSC.
    (iii) When circumstances permit, the OSC shall share the use of 
federal response resources (including but not limited to aircraft, 
vessels, and booms to contain and remove discharged oil) with the 
trustees, providing trustee activities do not interfere with response 
actions. The lead administrative trustee facilitates effective and 
efficient communication between the OSC and the other trustees during 
response operations and is responsible for applying to the OSC for non-
monetary federal response resources on behalf of all trustees. The lead 
administrative trustee is also responsible for applying to the NPFC for 
funding for initiation of damage assessment for injuries to natural 
resources.
    (d) The authority of federal trustees includes, but is not limited 
to the following actions:
    (1) Requesting that the Attorney General seek compensation from the 
responsible parties for the damages assessed and for the costs of an 
assessment and of restoration planning; and
    (2) Participating in negotiations between the United States and 
potentially responsible parties to obtain PRP-financed or PRP-conducted 
assessments and restorations for injured resources or protection for 
threatened resources and to agree to covenants not to sue, where 
appropriate.
    (3) Requiring, in consultation with the lead agency, any person to 
comply with the requirements of CERCLA section 104(e) regarding 
information gathering and access.
    (4) Initiating damage assessments, as provided in OPA section 6002.
    (e) Actions which may be taken by any trustee pursuant to section 
107(f) of CERCLA, section 311(f)(5) of the CWA, or section 1006 of the 
OPA include, but are not limited to, any of the following:
    (1) Requesting that an authorized agency issue an administrative 
order or pursue injunctive relief against the

[[Page 93]]

parties responsible for the discharge or release; or
    (2) Requesting that the lead agency remove, or arrange for the 
removal of, or provide for remedial action with respect to, any oil or 
hazardous substances from a contaminated medium pursuant to section 104 
of CERCLA or section 311 of CWA.



                Subpart H_Participation by Other Persons

    Source: 59 FR 47452, Sept. 15, 1994, unless otherwise noted.



Sec. 300.700  Activities by other persons.

    (a) General. Except as provided (e.g., in CWA section 311(c)), any 
person may undertake a response action to reduce or eliminate a release 
of a hazardous substance, pollutant, or contaminant.
    (b) Summary of CERCLA authorities. The mechanisms available to 
recover the costs of response actions under CERCLA are, in summary:
    (1) Section 107(a), wherein any person may receive a court award of 
his or her response costs, plus interest, from the party or parties 
found to be liable;
    (2) Section 111(a)(2), wherein a private party, a PRP pursuant to a 
settlement agreement, or certain foreign entities may file a claim 
against the Fund for reimbursement of response costs;
    (3) Section 106(b), wherein any person who has complied with a 
section 106(a) order may petition the Fund for reimbursement of 
reasonable costs, plus interest; and
    (4) Section 123, wherein a general purpose unit of local government 
may apply to the Fund under 40 CFR part 310 for reimbursement of the 
costs of temporary emergency measures that are necessary to prevent or 
mitigate injury to human health or the environment associated with a 
release.
    (c) Section 107(a) cost recovery actions. (1) Responsible parties 
shall be liable for all response costs incurred by the United States 
government or a state or an Indian tribe not inconsistent with the NCP.
    (2) Responsible parties shall be liable for necessary costs of 
response actions to releases of hazardous substances incurred by any 
other person consistent with the NCP.
    (3) For the purpose of cost recovery under section 107(a)(4)(B) of 
CERCLA:
    (i) A private party response action will be considered ``consistent 
with the NCP'' if the action, when evaluated as a whole, is in 
substantial compliance with the applicable requirements in paragraphs 
(5) and (6) of this section, and results in a CERCLA-quality cleanup; 
and
    (ii) Any response action carried out in compliance with the terms of 
an order issued by EPA pursuant to section 106 of CERCLA, or a consent 
decree entered into pursuant to section 122 of CERCLA, will be 
considered ``consistent with the NCP.''
    (4) Actions under Sec. 300.700(c)(1) will not be considered 
``inconsistent with the NCP,'' and actions under Sec. 300.700(c)(2) 
will not be considered not ``consistent with the NCP,'' based on 
immaterial or insubstantial deviations from the provisions of 40 CFR 
part 300.
    (5) The following provisions of this part are potentially applicable 
to private party response actions:
    (i) Section 300.150 (on worker health and safety);
    (ii) Section 300.160 (on documentation and cost recovery);
    (iii) Section 300.400(c)(1), (4), (5), and (7) (on determining the 
need for a Fund-financed action); (e) (on permit requirements) except 
that the permit waiver does not apply to private party response actions; 
and (g) (on identification of ARARs) except that applicable requirements 
of federal or state law may not be waived by a private party;
    (iv) Section 300.405(b), (c), and (d) (on reports of releases to the 
NRC);
    (v) Section 300.410 (on removal site evaluation) except paragraphs 
(f)(5) and (6);
    (vi) Section 300.415 (on removal actions) except paragraphs (a)(2), 
(b)(2)(vii), (b)(5), and (g); and including Sec. 300.415(j) with regard 
to meeting ARARs where practicable except that private party removal 
actions must always comply with the requirements of applicable law;
    (vii) Section 300.420 (on remedial site evaluation);
    (viii) Section 300.430 (on RI/FS and selection of remedy) except 
paragraph

[[Page 94]]

(f)(1)(ii)(C)(6) and that applicable requirements of federal or state 
law may not be waived by a private party; and
    (ix) Section 300.435 (on RD/RA and operation and maintenance).
    (6) Private parties undertaking response actions should provide an 
opportunity for public comment concerning the selection of the response 
action based on the provisions set out below, or based on substantially 
equivalent state and local requirements. The following provisions of 
this part regarding public participation are potentially applicable to 
private party response actions, with the exception of administrative 
record and information repository requirements stated therein:
    (i) Section 300.155 (on public information and community relations);
    (ii) Section 300.415(n) (on community relations during removal 
actions);
    (iii) Section 300.430(c) (on community relations during RI/FS) 
except paragraph (c)(5);
    (iv) Section 300.430(f)(2), (3), and (6) (on community relations 
during selection of remedy); and
    (v) Section 300.435(c) (on community relations during RD/RA and 
operation and maintenance).
    (7) When selecting the appropriate remedial action, the methods of 
remedying releases listed in appendix D of this part may also be 
appropriate to a private party response action.
    (8) Except for actions taken pursuant to CERCLA sections 104 or 106 
or response actions for which reimbursement from the Fund will be 
sought, any action to be taken by the lead agency listed in paragraphs 
(c)(5) through (c)(7) may be taken by the person carrying out the 
response action.
    (d) Section 111(a)(2) claims. (1) Persons, other than those listed 
in paragraphs (d)(1)(i) through (iii) of this section, may be able to 
receive reimbursement of response costs by means of a claim against the 
Fund. The categories of persons excluded from pursuing this claims 
authority are:
    (i) Federal government;
    (ii) State governments, and their political subdivisions, unless 
they are potentially responsible parties covered by an order or consent 
decree pursuant to section 122 of CERCLA; and
    (iii) Persons operating under a procurement contract or an 
assistance agreement with the United States with respect to matters 
covered by that contract or assistance agreement, unless specifically 
provided therein.
    (2) In order to be reimbursed by the Fund, an eligible person must 
notify the Administrator of EPA or designee prior to taking a response 
action and receive prior approval, i.e., ``preauthorization,'' for such 
action.
    (3) Preauthorization is EPA's prior approval to submit a claim 
against the Fund for necessary response costs incurred as a result of 
carrying out the NCP. All applications for preauthorization will be 
reviewed to determine whether the request should receive priority for 
funding. EPA, in its discretion, may grant preauthorization of a claim. 
Preauthorization will be considered only for:
    (i) Removal actions pursuant to Sec. 300.415;
    (ii) CERCLA section 104(b) activities; and
    (iii) Remedial actions at National Priorities List sites pursuant to 
Sec. 300.435.
    (4) To receive EPA's prior approval, the eligible person must:
    (i) Demonstrate technical and other capabilities to respond safely 
and effectively to releases of hazardous substances, pollutants, or 
contaminants; and
    (ii) Establish that the action will be consistent with the NCP in 
accordance with the elements set forth in paragraphs (c)(5) through (8) 
of this section.
    (5) EPA will grant preauthorization to a claim by a party it 
determines to be potentially liable under section 107 of CERCLA only in 
accordance with an order issued pursuant to section 106 of CERCLA, or a 
settlement with the federal government in accordance with section 122 of 
CERCLA.
    (6) Preauthorization does not establish an enforceable contractual 
relationship between EPA and the claimant.
    (7) Preauthorization represents EPA's commitment that if funds are 
appropriated for response actions, the

[[Page 95]]

response action is conducted in accordance with the preauthorization 
decision document, and costs are reasonable and necessary, reimbursement 
will be made from the Superfund, up to the maximum amount provided in 
the preauthorization decision document.
    (8) For a claim to be awarded under section 111 of CERCLA, EPA must 
certify that the costs were necessary and consistent with the 
preauthorization decision document.
    (e) Section 106(b) petition. Subject to conditions specified in 
CERCLA section 106(b), any person who has complied with an order issued 
after October 16, 1986 pursuant to section 106(a) of CERCLA, may seek 
reimbursement for response costs incurred in complying with that order 
unless the person has waived that right.
    (f) Section 123 reimbursement to local governments. Any general 
purpose unit of local government for a political subdivision that is 
affected by a release may receive reimbursement for the costs of 
temporary emergency measures necessary to prevent or mitigate injury to 
human health or the environment subject to the conditions set forth in 
40 CFR part 310. Such reimbursement may not exceed $25,000 for a single 
response.
    (g) Release From Liability. Implementation of response measures by 
potentially responsible parties or by any other person does not release 
those parties from liability under section 107(a) of CERCLA, except as 
provided in a settlement under section 122 of CERCLA or a federal court 
judgment.
    (h) Oil Pollution Act Claims. Claims are authorized to be presented 
to the OSLTF under section 1013 of the OPA, for certain uncompensated 
removal costs or uncompensated damages resulting from the discharge, or 
substantial threat of discharge, of oil from a vessel or facility into 
or upon the navigable waters, adjoining shorelines, or exclusive 
economic zone of the United States. Anyone desiring to file a claim 
against the OSLTF may obtain general information on the procedure for 
filing a claim from the Director, National Pollution Funds Center, Suite 
1000, 4200 Wilson Boulevard, Arlington, Virginia 22203-1804, (703) 235-
4756.



    Subpart I_Administrative Record for Selection of Response Action

    Source: 55 FR 8859, Mar. 8, 1990, unless otherwise noted.



Sec. 300.800  Establishment of an administrative record.

    (a) General requirement. The lead agency shall establish an 
administrative record that contains the documents that form the basis 
for the selection of a response action. The lead agency shall compile 
and maintain the administrative record in accordance with this subpart.
    (b) Administrative records for federal facilities. (1) If a federal 
agency other than EPA is the lead agency for a federal facility, the 
federal agency shall compile and maintain the administrative record for 
the selection of the response action for that facility in accordance 
with this subpart. EPA may furnish documents which the federal agency 
shall place in the administrative record file to ensure that the 
administrative record includes all documents that form the basis for the 
selection of the response action.
    (2) EPA or the U.S. Coast Guard shall compile and maintain the 
administrative record when it is the lead agency for a federal facility.
    (3) If EPA is involved in the selection of the response action at a 
federal facility on the NPL, the federal agency acting as the lead 
agency shall provide EPA with a copy of the index of documents included 
in the administrative record file, the RI/FS workplan, the RI/FS 
released for public comment, the proposed plan, any public comments 
received on the RI/FS and proposed plan, and any other documents EPA may 
request on a case-by-case basis.
    (c) Administrative record for state-lead sites. If a state is the 
lead agency for a site, the state shall compile and maintain the 
administrative record for the selection of the response action for that 
site in accordance with this subpart. EPA may require the state to place 
additional documents in the administrative record file to ensure that 
the administrative record includes all documents which form the basis 
for the selection of the response action. The state shall provide EPA 
with a copy of

[[Page 96]]

the index of documents included in the administrative record file, the 
RI/FS workplan, the RI/FS released for public comment, the proposed 
plan, any public comments received on the RI/FS and proposed plan, and 
any other documents EPA may request on a case-by-case basis.
    (d) Applicability. This subpart applies to all response actions 
taken under section 104 of CERCLA or sought, secured, or ordered 
administratively or judicially under section 106 of CERCLA, as follows:
    (1) Remedial actions where the remedial investigation commenced 
after the promulgation of these regulations; and
    (2) Removal actions where the action memorandum is signed after the 
promulgation of these regulations.
    (e) For those response actions not included in paragraph (d) of this 
section, the lead agency shall comply with this subpart to the extent 
practicable.



Sec. 300.805  Location of the administrative record file.

    (a) The lead agency shall establish a docket at an office of the 
lead agency or other central location at which documents included in the 
administrative record file shall be located and a copy of the documents 
included in the administrative record file shall also be made available 
for public inspection at or near the site at issue, except as provided 
below:
    (1) Sampling and testing data, quality control and quality assurance 
documentation, and chain of custody forms, need not be located at or 
near the site at issue or at the central location, provided that the 
index to the administrative record file indicates the location and 
availability of this information.
    (2) Guidance documents not generated specifically for the site at 
issue need not be located at or near the site at issue, provided that 
they are maintained at the central location and the index to the 
administrative record file indicates the location and availability of 
these guidance documents.
    (3) Publicly available technical literature not generated for the 
site at issue, such as engineering textbooks, articles from technical 
journals, and toxicological profiles, need not be located at or near the 
site at issue or at the central location, provided that the literature 
is listed in the index to the administrative record file or the 
literature is cited in a document in the record.
    (4) Documents included in the confidential portion of the 
administrative record file shall be located only in the central 
location.
    (5) The administrative record for a removal action where the release 
or threat of release requires that on-site removal activities be 
initiated within hours of the lead agency's determination that a removal 
is appropriate and on-site removal activities cease within 30 days of 
initiation, need be available for public inspection only at the central 
location.
    (b) Where documents are placed in the central location but not in 
the file located at or near the site, such documents shall be added to 
the file located at or near the site upon request, except for documents 
included in paragraph (a)(4) of this section.
    (c) The lead agency may make the administrative record file 
available to the public in microform.



Sec. 300.810  Contents of the administrative record file.

    (a) Contents. The administrative record file for selection of a 
response action typically, but not in all cases, will contain the 
following types of documents:
    (1) Documents containing factual information, data and analysis of 
the factual information, and data that may form a basis for the 
selection of a response action. Such documents may include verified 
sampling data, quality control and quality assurance documentation, 
chain of custody forms, site inspection reports, preliminary assessment 
and site evaluation reports, ATSDR health assessments, documents 
supporting the lead agency's determination of imminent and substantial 
endangerment, public health evaluations, and technical and engineering 
evaluations. In addition, for remedial actions, such documents may 
include approved workplans for the remedial investigation/feasibility 
study, state documentation of applicable or relevant and appropriate 
requirements, and the RI/FS;

[[Page 97]]

    (2) Guidance documents, technical literature, and site-specific 
policy memoranda that may form a basis for the selection of the response 
action. Such documents may include guidance on conducting remedial 
investigations and feasibility studies, guidance on determining 
applicable or relevant and appropriate requirements, guidance on risk/
exposure assessments, engineering handbooks, articles from technical 
journals, memoranda on the application of a specific regulation to a 
site, and memoranda on off-site disposal capacity;
    (3) Documents received, published, or made available to the public 
under Sec. 300.815 for remedial actions, or Sec. 300.820 for removal 
actions. Such documents may include notice of availability of the 
administrative record file, community relations plan, proposed plan for 
remedial action, notices of public comment periods, public comments and 
information received by the lead agency, and responses to significant 
comments;
    (4) Decision documents. Such documents may include action memoranda 
and records of decision;
    (5) Enforcement orders. Such documents may include administrative 
orders and consent decrees; and
    (6) An index of the documents included in the administrative record 
file. If documents are customarily grouped together, as with sampling 
data chain of custody documents, they may be listed as a group in the 
index to the administrative record file.
    (b) Documents not included in the administrative record file. The 
lead agency is not required to include documents in the administrative 
record file which do not form a basis for the selection of the response 
action. Such documents include but are not limited to draft documents, 
internal memoranda, and day-to-day notes of staff unless such documents 
contain information that forms the basis of selection of the response 
action and the information is not included in any other document in the 
administrative record file.
    (c) Privileged documents. Privileged documents shall not be included 
in the record file except as provided in paragraph (d) of this section 
or where such privilege is waived. Privileged documents include but are 
not limited to documents subject to the attorney-client, attorney work 
product, deliberative process, or other applicable privilege.
    (d) Confidential file. If information which forms the basis for the 
selection of a response action is included only in a document containing 
confidential or privileged information and is not otherwise available to 
the public, the information, to the extent feasible, shall be summarized 
in such a way as to make it disclosable and the summary shall be placed 
in the publicly available portion of the administrative record file. The 
confidential or privileged document itself shall be placed in the 
confidential portion of the administrative record file. If information, 
such as confidential business information, cannot be summarized in a 
disclosable manner, the information shall be placed only in the 
confidential portion of the administrative record file. All documents 
contained in the confidential portion of the administrative record file 
shall be listed in the index to the file.



Sec. 300.815  Administrative record file for a remedial action.

    (a) The administrative record file for the selection of a remedial 
action shall be made available for public inspection at the commencement 
of the remedial investigation phase. At such time, the lead agency shall 
publish in a major local newspaper of general circulation a notice of 
the availability of the administrative record file.
    (b) The lead agency shall provide a public comment period as 
specified in Sec. 300.430(f)(3) so that interested persons may submit 
comments on the selection of the remedial action for inclusion in the 
administrative record file. The lead agency is encouraged to consider 
and respond as appropriate to significant comments that were submitted 
prior to the public comment period. A written response to significant 
comments submitted during the public comment period shall be included in 
the administrative record file.
    (c) The lead agency shall comply with the public participation 
procedures required in Sec. 300.430(f)(3) and shall

[[Page 98]]

document such compliance in the administrative record.
    (d) Documents generated or received after the record of decision is 
signed shall be added to the administrative record file only as provided 
in Sec. 300.825.



Sec. 300.820  Administrative record file for a removal action.

    (a) If, based on the site evaluation, the lead agency determines 
that a removal action is appropriate and that a planning period of at 
least six months exists before on-site removal activities must be 
initiated:
    (1) The administrative record file shall be made available for 
public inspection when the engineering evaluation/cost analysis (EE/CA) 
is made available for public comment. At such time, the lead agency 
shall publish in a major local newspaper of general circulation a notice 
of the availability of the administrative record file.
    (2) The lead agency shall provide a public comment period as 
specified in Sec. 300.415 so that interested persons may submit 
comments on the selection of the removal action for inclusion in the 
administrative record file. The lead agency is encouraged to consider 
and respond, as appropriate, to significant comments that were submitted 
prior to the public comment period. A written response to significant 
comments submitted during the public comment period shall be included in 
the administrative record file.
    (3) The lead agency shall comply with the public participation 
procedures of Sec. 300.415(m) and shall document compliance with Sec. 
300.415(m)(3)(i) through (iii) in the administrative record file.
    (4) Documents generated or received after the decision document is 
signed shall be added to the administrative record file only as provided 
in Sec. 300.825.
    (b) For all removal actions not included in paragraph (a) of this 
section:
    (1) Documents included in the administrative record file shall be 
made available for public inspection no later than 60 days after 
initiation of on-site removal activity. At such time, the lead agency 
shall publish in a major local newspaper of general circulation a notice 
of availability of the administrative record file.
    (2) The lead agency shall, as appropriate, provide a public comment 
period of not less than 30 days beginning at the time the administrative 
record file is made available to the public. The lead agency is 
encouraged to consider and respond, as appropriate, to significant 
comments that were submitted prior to the public comment period. A 
written response to significant comments submitted during the public 
comment period shall be included in the administrative record file.
    (3) Documents generated or received after the decision document is 
signed shall be added to the administrative record file only as provided 
in Sec. 300.825.



Sec. 300.825  Record requirements after the decision document is signed.

    (a) The lead agency may add documents to the administrative record 
file after the decision document selecting the response action has been 
signed if:
    (1) The documents concern a portion of a response action decision 
that the decision document does not address or reserves to be decided at 
a later date; or
    (2) An explanation of significant differences required by Sec. 
300.435(c), or an amended decision document is issued, in which case, 
the explanation of significant differences or amended decision document 
and all documents that form the basis for the decision to modify the 
response action shall be added to the administrative record file.
    (b) The lead agency may hold additional public comment periods or 
extend the time for the submission of public comment after a decision 
document has been signed on any issues concerning selection of the 
response action. Such comment shall be limited to the issues for which 
the lead agency has requested additional comment. All additional 
comments submitted during such comment periods that are responsive to 
the request, and any response to these comments, along with documents 
supporting the request and any final decision with respect to the issue, 
shall be placed in the administrative record file.
    (c) The lead agency is required to consider comments submitted by 
interested persons after the close of the public comment period only to 
the extent

[[Page 99]]

that the comments contain significant information not contained 
elsewhere in the administrative record file which could not have been 
submitted during the public comment period and which substantially 
support the need to significantly alter the response action. All such 
comments and any responses thereto shall be placed in the administrative 
record file.



            Subpart J_Use of Dispersants and Other Chemicals

    Source: 59 FR 47453, Sept. 15, 1994, unless otherwise noted.



Sec. 300.900  General.

    (a) Section 311(d)(2)(G) of the CWA requires that EPA prepare a 
schedule of dispersants, other chemicals, and other spill mitigating 
devices and substances, if any, that may be used in carrying out the 
NCP. This subpart makes provisions for such a schedule.
    (b) This subpart applies to the navigable waters of the United 
States and adjoining shorelines, the waters of the contiguous zone, and 
the high seas beyond the contiguous zone in connection with activities 
under the Outer Continental Shelf Lands Act, activities under the 
Deepwater Port Act of 1974, or activities that may affect natural 
resources belonging to, appertaining to, or under the exclusive 
management authority of the United States, including resources under the 
Magnuson Fishery Conservation and Management Act of 1976.
    (c) This subpart applies to the use of any chemical agents or other 
additives as defined in subpart A of this part that may be used to 
remove or control oil discharges.



Sec. 300.905  NCP Product Schedule.

    (a) Oil Discharges. (1) EPA shall maintain a schedule of dispersants 
and other chemical or bioremediation products that may be authorized for 
use on oil discharges in accordance with the procedures set forth in 
Sec. 300.910. This schedule, called the NCP Product Schedule, may be 
obtained from the Emergency Response Division (5202-G), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. The telephone number is 703-603-8760.
    (2) Products may be added to the NCP Product Schedule by the process 
specified in Sec. 300.920.
    (b) Hazardous Substance Releases. [Reserved]

[59 FR 47453, Sept. 15, 1994, as amended at 65 FR 47325, Aug. 2, 2000]



Sec. 300.910  Authorization of use.

    (a) RRTs and Area Committees shall address, as part of their 
planning activities, the desirability of using appropriate dispersants, 
surface washing agents, surface collecting agents, bioremediation 
agents, or miscellaneous oil spill control agents listed on the NCP 
Product Schedule, and the desirability of using appropriate burning 
agents. RCPs and ACPs shall, as appropriate, include applicable 
preauthorization plans and address the specific contexts in which such 
products should and should not be used. In meeting the provisions of 
this paragraph, preauthorization plans may address factors such as the 
potential sources and types of oil that might be spilled, the existence 
and location of environmentally sensitive resources that might be 
impacted by spilled oil, available product and storage locations, 
available equipment and adequately trained operators, and the available 
means to monitor product application and effectiveness. The RRT 
representatives from EPA and the states with jurisdiction over the 
waters of the area to which a preauthorization plan applies and the DOC 
and DOI natural resource trustees shall review and either approve, 
disapprove, or approve with modification the preauthorization plans 
developed by Area Committees, as appropriate. Approved preauthorization 
plans shall be included in the appropriate RCPs and ACPs. If the RRT 
representatives from EPA and the states with jurisdiction over the 
waters of the area to which a preauthorization plan applies and the DOC 
and DOI natural resource trustees approve in advance the use of certain 
products under specified circumstances as described in the 
preauthorization plan, the OSC may authorize the use of the products 
without obtaining the

[[Page 100]]

specific concurrences described in paragraphs (b) and (c) of this 
section.
    (b) For spill situations that are not addressed by the 
preauthorization plans developed pursuant to paragraph (a) of this 
section, the OSC, with the concurrence of the EPA representative to the 
RRT and, as appropriate, the concurrence of the RRT representatives from 
the states with jurisdiction over the navigable waters threatened by the 
release or discharge, and in consultation with the DOC and DOI natural 
resource trustees, when practicable, may authorize the use of 
dispersants, surface washing agents, surface collecting agents, 
bioremediation agents, or miscellaneous oil spill control agents on the 
oil discharge, provided that the products are listed on the NCP Product 
Schedule.
    (c) The OSC, with the concurrence of the EPA representative to the 
RRT and, as appropriate, the concurrence of the RRT representatives from 
the states with jurisdiction over the navigable waters threatened by the 
release or discharge, and in consultation with the DOC and DOI natural 
resource trustees, when practicable, may authorize the use of burning 
agents on a case-by-case basis.
    (d) The OSC may authorize the use of any dispersant, surface washing 
agent, surface collecting agent, other chemical agent, burning agent, 
bioremediation agent, or miscellaneous oil spill control agent, 
including products not listed on the NCP Product Schedule, without 
obtaining the concurrence of the EPA representative to the RRT and, as 
appropriate, the RRT representatives from the states with jurisdiction 
over the navigable waters threatened by the release or discharge, when, 
in the judgment of the OSC, the use of the product is necessary to 
prevent or substantially reduce a hazard to human life. Whenever the OSC 
authorizes the use of a product pursuant to this paragraph, the OSC is 
to inform the EPA RRT representative and, as appropriate, the RRT 
representatives from the affected states and, when practicable, the DOC/
DOI natural resources trustees of the use of a product, including 
products not on the Schedule, as soon as possible. Once the threat to 
human life has subsided, the continued use of a product shall be in 
accordance with paragraphs (a), (b), and (c) of this section.
    (e) Sinking agents shall not be authorized for application to oil 
discharges.
    (f) When developing preauthorization plans, RRTs may require the 
performance of supplementary toxicity and effectiveness testing of 
products, in addition to the test methods specified in Sec. 300.915 and 
described in appendix C to part 300, due to existing site-specific or 
area-specific concerns.



Sec. 300.915  Data requirements.

    (a) Dispersants. (1) Name, brand, or trademark, if any, under which 
the dispersant is sold.
    (2) Name, address, and telephone number of the manufacturer, 
importer, or vendor.
    (3) Name, address, and telephone number of primary distributors or 
sales outlets.
    (4) Special handling and worker precautions for storage and field 
application. Maximum and minimum storage temperatures, to include 
optimum ranges as well as temperatures that will cause phase 
separations, chemical changes, or other alterations to the effectiveness 
of the product.
    (5) Shelf life.
    (6) Recommended application procedures, concentrations, and 
conditions for use depending upon water salinity, water temperature, 
types and ages of the pollutants, and any other application 
restrictions.
    (7) Effectiveness. Use the Swirling Flask effectiveness test methods 
described in appendix C to part 300. Manufacturers shall submit test 
results and supporting data, along with a certification signed by 
responsible corporate officials of the manufacturer and laboratory 
stating that the test was conducted on a representative product sample, 
the testing was conducted using generally accepted laboratory practices, 
and they believe the results to be accurate. A dispersant must attain an 
effectiveness value of 45 percent or greater to be added to the NCP 
Product Schedule. Manufacturers are encouraged to provide data on 
product performance under conditions other than those captured by these 
tests.

[[Page 101]]

    (8) Dispersant Toxicity. For those dispersants that meet the 
effectiveness threshold described in paragraph (a)(7) above, use the 
standard toxicity test methods described in appendix C to part 300. 
Manufacturers shall submit test results and supporting data, along with 
a certification signed by responsible corporate officials of the 
manufacturer and laboratory stating that the test was conducted on a 
representative product sample, the testing was conducted using generally 
accepted laboratory practices, and they believe the results to be 
accurate.
    (9) The following data requirements incorporate by reference 
standards from the 1991 or 1992 Annual Books of ASTM Standards. American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, 
Pennsylvania 19103. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. \1\
---------------------------------------------------------------------------

    \1\ Copies of these standards may be obtained from the publisher. 
Copies may be inspected at the U.S. Environmental Protection Agency 
Superfund Docket, located at 1235 Jefferson Davis Highway, First Floor, 
Arlington, VA 22202 or send mail to Mail Code 5305G, 1200 Pennsylvania 
Ave., NW., Washington, DC, or at the Office of the Federal Register, 
1100 L Street, NW., Room 8401, Washington, DC 20408.
---------------------------------------------------------------------------

    (i) Flash Point--Select appropriate method from the following:
    (A) ASTM--D 56-87, ``Standard Test Method for Flash Point by Tag 
Closed Tester;''
    (B) ASTM--D 92-90, ``Standard Test Method for Flash and Fire Points 
by Cleveland Open Cup;''
    (C) ASTM--D 93-90, ``Standard Test Methods for Flash Point by 
Pensky-Martens Closed Tester;''
    (D) ASTM--D 1310-86, ``Standard Test Method for Flash Point and Fire 
Point of Liquids by Tag Open-Cup Apparatus;'' or
    (E) ASTM--D 3278-89, ``Standard Test Methods for Flash Point of 
Liquids by Setaflash Closed-Cup Apparatus.''
    (ii) Pour Point--Use ASTM--D 97-87, ``Standard Test Method for Pour 
Point of Petroleum Oils.''
    (iii) Viscosity--Use ASTM--D 445-88, ``Standard Test Method for 
Kinematic Viscosity of Transparent and Opaque Liquids (and the 
Calculation of Dynamic Viscosity).''
    (iv) Specific Gravity--Use ASTM--D 1298-85(90), ``Standard Test 
Method for Density, Relative Density (Specific Gravity), or API Gravity 
of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method.''
    (v) pH--Use ASTM--D 1293-84(90), ``Standard Test Methods for pH of 
Water.''
    (10) Dispersing Agent Components. Itemize by chemical name and 
percentage by weight each component of the total formulation. The 
percentages will include maximum, minimum, and average weights in order 
to reflect quality control variations in manufacture or formulation. In 
addition to the chemical information provided in response to the first 
two sentences, identify the major components in at least the following 
categories: surface active agents, solvents, and additives.
    (11) Heavy Metals, Cyanide, and Chlorinated Hydrocarbons. Using 
standard test procedures, state the concentrations or upper limits of 
the following materials:
    (i) Arsenic, cadmium, chromium, copper, lead, mercury, nickel, zinc, 
plus any other metals that may be reasonably expected to be in the 
sample. Atomic absorption methods should be used and the detailed 
analytical methods and sample preparation shall be fully described.
    (ii) Cyanide. Standard calorimetric procedures should be used.
    (iii) Chlorinated hydrocarbons. Gas chromatography should be used 
and the detailed analytical methods and sample preparation shall be 
fully described. At a minimum, the following test methods shall be used 
for chlorinated hydrocarbon analyses: EPA Method 601--Purgeable 
halocarbons (Standard Method 6230 B) and EPA Method 608--Organochlorine 
pesticides and PCBs (Standard Method 6630 C). \2\
---------------------------------------------------------------------------

    \2\ These test methods may be obtained from: Standard Methods for 
the Examination of Water and Wastewater, 17th Edition, American Public 
Health Association, 1989; or Method 601--Purgeable halocarbons, 40 CFR 
part 136 and Method 608--Organochlorine pesticide and PCBs, 40 CFR part 
136. Copies may be inspected at the U.S. Environmental Protection Agency 
Superfund Docket, located at 1235 Jefferson Davis Highway, First Floor, 
Arlington, VA 22202 or send mail to Mail Code 5305G, 1200 Pennsylvania 
Ave., NW., Washington, DC, or at the Office of the Federal Register, 
1100 L Street, NW., Room 8401, Washington, DC 20408.

---------------------------------------------------------------------------

[[Page 102]]

    (12) The technical product data submission shall include the 
identity of the laboratory that performed the required tests, the 
qualifications of the laboratory staff, including professional 
biographical information for individuals responsible for any tests, and 
laboratory experience with similar tests. Laboratories performing 
toxicity tests for dispersant toxicity must demonstrate previous 
toxicity test experience in order for their results to be accepted. It 
is the responsibility of the submitter to select competent analytical 
laboratories based on the guidelines contained herein. EPA reserves the 
right to refuse to accept a submission of technical product data because 
of lack of qualification of the analytical laboratory, significant 
variance between submitted data and any laboratory confirmation 
performed by EPA, or other circumstances that would result in inadequate 
or inaccurate information on the dispersing agent.
    (b) Surface washing agents. (1) Name, brand, or trademark, if any, 
under which the surface washing agent is sold.
    (2) Name, address, and telephone number of the manufacturer, 
importer, or vendor.
    (3) Name, address, and telephone number of primary distributors or 
sales outlets.
    (4) Special handling and worker precautions for storage and field 
application. Maximum and minimum storage temperatures, to include 
optimum ranges as well as temperatures that will cause phase 
separations, chemical changes, or other alterations to the effectiveness 
of the product.
    (5) Shelf life.
    (6) Recommended application procedures, concentrations, and 
conditions for use depending upon water salinity, water temperature, 
types and ages of the pollutants, and any other application 
restrictions.
    (7) Toxicity. Use standard toxicity test methods described in 
appendix C to part 300.
    (8) Follow the data requirement specifications in paragraph (a)(9) 
of this section.
    (9) Surface Washing Agent Components. Itemize by chemical name and 
percentage by weight each component of the total formulation. The 
percentages will include maximum, minimum, and average weights in order 
to reflect quality control variations in manufacture or formulation. In 
addition to the chemical information provided in response to the first 
two sentences, identify the major components in at least the following 
categories: surface active agents, solvents, and additives.
    (10) Heavy Metals, Cyanide, and Chlorinated Hydrocarbons. Follow 
specifications in paragraph (a)(11) of this section.
    (11) Analytical Laboratory Requirements for Technical Product Data. 
Follow specifications in paragraph (a)(12) of this section.
    (c) Surface collecting agents. (1) Name, brand, or trademark, if 
any, under which the product is sold.
    (2) Name, address, and telephone number of the manufacturer, 
importer, or vendor.
    (3) Name, address, and telephone number of primary distributors or 
sales outlets.
    (4) Special handling and worker precautions for storage and field 
application. Maximum and minimum storage temperatures, to include 
optimum ranges as well as temperatures that will cause phase 
separations, chemical changes, or other alterations to the effectiveness 
of the product.
    (5) Shelf life.
    (6) Recommended application procedures, concentrations, and 
conditions for use depending upon water salinity, water temperature, 
types and ages of the pollutants, and any other application 
restrictions.
    (7) Toxicity. Use standard toxicity test methods described in 
appendix C to part 300.
    (8) Follow the data requirement specifications in paragraph (a)(9) 
of this section.

[[Page 103]]

    (9) Test to Distinguish Between Surface Collecting Agents and Other 
Chemical Agents.
    (i) Method Summary--Five milliliters of the chemical under test are 
mixed with 95 milliliters of distilled water and allowed to stand 
undisturbed for one hour. Then the volume of the upper phase is 
determined to the nearest one milliliter.
    (ii) Apparatus.
    (A) Mixing Cylinder: 100 milliliter subdivisions and fitted with a 
glass stopper.
    (B) Pipettes: Volumetric pipette, 5.0 milliliter.
    (C) Timers.
    (iii) Procedure--Add 95 milliliters of distilled water at 22 [deg]C, 
plus or minus 3 [deg]C, to a 100 milliliter mixing cylinder. To the 
surface of the water in the mixing cylinder, add 5.0 milliliters of the 
chemical under test. Insert the stopper and invert the cylinder five 
times in ten seconds. Set upright for one hour at 22 [deg]C, plus or 
minus 3 [deg]C, and then measure the chemical layer at the surface of 
the water. If the major portion of the chemical added (75 percent) is at 
the water surface as a separate and easily distinguished layer, the 
product is a surface collecting agent.
    (10) Surface Collecting Agent Components. Itemize by chemical name 
and percentage by weight each component of the total formulation. The 
percentages should include maximum, minimum, and average weights in 
order to reflect quality control variations in manufacture or 
formulation. In addition to the chemical information provided in 
response to the first two sentences, identify the major components in at 
least the following categories: surface action agents, solvents, and 
additives.
    (11) Heavy Metals, Cyanide, and Chlorinated Hydrocarbons. Follow 
specifications in paragraph (a)(11) of this section.
    (12) Analytical Laboratory Requirements for Technical Product Data. 
Follow specifications in paragraph (a)(12) of this section.
    (d) Bioremediation Agents. (1) Name, brand, or trademark, if any, 
under which the agent is sold.
    (2) Name, address, and telephone number of the manufacturer, 
importer, or vendor.
    (3) Name, address, and telephone number of primary distributors or 
sales outlets.
    (4) Special handling and worker precautions for storage and field 
application. Maximum and minimum storage temperatures.
    (5) Shelf life.
    (6) Recommended application procedures, concentrations, and 
conditions for use depending upon water salinity, water temperature, 
types and ages of the pollutants, and any other application 
restrictions.
    (7) Bioremediation Agent Effectiveness. Use bioremediation agent 
effectiveness test methods described in appendix C to part 300.
    (8) Bioremediation Agent Toxicity [Reserved].
    (9) Biological additives.
    (i) For microbiological cultures, furnish the following information:
    (A) Listing of each component of the total formulation, other than 
microorganisms, by chemical name and percentage by weight.
    (B) Listing of all microorganisms by species.
    (C) Percentage of each species in the composition of the additive.
    (D) Optimum pH, temperature, and salinity ranges for use of the 
additive, and maximum and minimum pH, temperature, and salinity levels 
above or below which the effectiveness of the additive is reduced to 
half its optimum capacity.
    (E) Special nutrient requirements, if any.
    (F) Separate listing of the following, and test methods for such 
determinations: Salmonella, fecal coliform, Shigella, Staphylococcus 
Coagulase positive, and Beta Hemolytic Streptococci.
    (ii) For enzyme additives, furnish the following information:
    (A) Listing of each component of the total formulation, other than 
enzymes, by chemical name and percentage by weight.
    (B) Enzyme name(s).
    (C) International Union of Biochemistry (I.U.B.) number(s).
    (D) Source of the enzyme.

[[Page 104]]

    (E) Units.
    (F) Specific Activity.
    (G) Optimum pH, temperature, and salinity ranges for use of the 
additive, and maximum and minimum pH, temperature, and salinity levels 
above or below which the effectiveness of the additive is reduced to 
half its optimum capacity.
    (H) Enzyme shelf life.
    (I) Enzyme optimum storage conditions.
    (10) For nutrient additives, furnish the following information:
    (i) Listing of each component of the total formulation by chemical 
name and percentage by weight.
    (ii) Nutrient additive optimum storage conditions.
    (11) Analytical Laboratory Requirements for Technical Product Data. 
Follow specifications in paragraph (a)(12) of this section.
    (e) Burning Agents. EPA does not require technical product data 
submissions for burning agents and does not include burning agents on 
the NCP Product Schedule.
    (f) Miscellaneous Oil Spill Control Agents. (1) Name, brand, or 
trademark, if any, under which the miscellaneous oil spill control agent 
is sold.
    (2) Name, address, and telephone number of the manufacturer, 
importer, or vendor.
    (3) Name, address, and telephone number of primary distributors or 
sales outlets.
    (4) Brief description of recommended uses of the product and how the 
product works.
    (5) Special handling and worker precautions for storage and field 
application. Maximum and minimum storage temperatures, to include 
optimum ranges as well as temperatures that will cause phase 
separations, chemical changes, or other alternatives to the 
effectiveness of the product.
    (6) Shelf life.
    (7) Recommended application procedures, concentrations, and 
conditions for use depending upon water salinity, water temperature, 
types and ages of the pollutants, and any other application 
restrictions.
    (8) Toxicity. Use standard toxicity test methods described in 
appendix C to part 300.
    (9) Follow the data requirement specifications in paragraph (a)(9) 
of this section.
    (10) Miscellaneous Oil Spill Control Agent Components. Itemize by 
chemical name and percentage by weight each component of the total 
formulation. The percentages should include maximum, minimum, and 
average weights in order to reflect quality control variations in 
manufacture or formulation. In addition to the chemical information 
provided in response to the first two sentences, identify the major 
components in at least the following categories: surface active agents, 
solvents, and additives.
    (11) Heavy Metals, Cyanide, and Chlorinated Hydrocarbons. Follow 
specifications in paragraph (a)(11) of this section.
    (12) For any miscellaneous oil spill control agent that contains 
microbiological cultures, enzyme additives, or nutrient additives, 
furnish the information specified in paragraphs (d)(9) and (d)(10) of 
this section, as appropriate.
    (13) Analytical Laboratory Requirements for Technical Product Data. 
Follow specifications in paragraph (a)(12) of this section.
    (g) Sorbents. (1) Sorbent material may consist of, but is not 
limited to, the following materials:
    (i) Organic products--
    (A) Peat moss or straw;
    (B) Cellulose fibers or cork;
    (C) Corn cobs;
    (D) Chicken, duck, or other bird feathers.
    (ii) Mineral compounds--
    (A) Volcanic ash or perlite;
    (B) Vermiculite or zeolite.
    (iii) Synthetic products--
    (A) Polypropylene;
    (B) Polyethylene;
    (C) Polyurethane;
    (D) Polyester.
    (2) EPA does not require technical product data submissions for 
sorbents and does not include sorbents on the NCP Product Schedule.
    (3) Manufacturers that produce sorbent materials that consist of 
materials other than those listed in paragraph (g)(1) of this section 
shall submit to EPA the technical product data specified for 
miscellaneous oil spill

[[Page 105]]

control agents in paragraph (f) of this section and EPA will consider 
listing those products on the NCP Product Schedule under the 
miscellaneous oil spill control agent category. EPA will inform the 
submitter in writing, within 60 days of the receipt of technical product 
data, of its decision on adding the product to the Schedule.
    (4) Certification. OSCs may request a written certification from 
manufacturers that produce sorbent materials that consist solely of the 
materials listed in paragraph (g)(1) of this section prior to making a 
decision on the use of a particular sorbent material. The certification 
at a minimum shall state that the sorbent consists solely of the 
materials listed in Sec. 300.915(g)(1) of the NCP. The following 
statement, when completed, dated, and signed by a sorbent manufacturer, 
is sufficient to meet the written certification requirement:

[SORBENT NAME] is a sorbent material and consists solely of the 
materials listed in Sec. 300.915(g)(1) of the NCP.

    (h) Mixed products. Manufacturers of products that consist of 
materials that meet the definitions of two or more of the product 
categories contained on the NCP Product Schedule shall submit to EPA the 
technical product data specified in this section for each of those 
product categories. After review of the submitted technical product 
data, and the performance of required dispersant effectiveness and 
toxicity tests, if appropriate, EPA will make a determination on whether 
and under which category the mixed product should be listed on the 
Schedule.

[59 FR 47453, Sept. 15, 1994, as amended at 65 FR 47325, Aug. 2, 2000]



Sec. 300.920  Addition of products to Schedule.

    (a) Dispersants. (1) To add a dispersant to the NCP Product 
Schedule, submit the technical product data specified in Sec. 
300.915(a) to the Emergency Response Division (5202-G), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. A dispersant must attain an effectiveness value of 
45 percent or greater in order to be added to the Schedule.
    (2) EPA reserves the right to request further documentation of the 
manufacturers' test results. EPA also reserves the right to verify test 
results and consider the results of EPA's verification testing in 
determining whether the dispersant meets listing criteria. EPA will, 
within 60 days of receiving a complete application as specified in Sec. 
300.915(a) of this part, notify the manufacturer of its decision to list 
the product on the Schedule, or request additional information and/or a 
sample of the product in order to review and/or conduct validation 
sampling. If EPA requests additional information and/or a product 
sample, within 60 days of receiving such additional information or 
sample, EPA will then notify the manufacturer in writing of its decision 
to list or not list the product.
    (3) Request for review of decision. (i) A manufacturer whose product 
was determined to be ineligible for listing on the NCP Product Schedule 
may request EPA's Administrator to review the determination. The request 
must be made in writing within 30 days of receiving notification of 
EPA's decision to not list the dispersant on the Schedule. The request 
shall contain a clear and concise statement with supporting facts and 
technical analysis demonstrating that EPA's decision was incorrect.
    (ii) The Administrator or his designee may request additional 
information from the manufacturer, or from any other person, and may 
provide for a conference between EPA and the manufacturer, if 
appropriate. The Administrator or his designee shall render a decision 
within 60 days of receiving the request, or within 60 days of receiving 
requested additional information, if appropriate, and shall notify the 
manufacturer of his decision in writing.
    (b) Surface washing agents, surface collecting agents, 
bioremediation agents, and miscellaneous oil spill control agents. (1) 
To add a surface washing agent, surface collecting agent, bioremediation 
agent, or miscellaneous oil spill control agent to the NCP Product 
Schedule, the technical product data specified in Sec. 300.915 must be 
submitted to the Emergency Response Division (5202-G), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave.,

[[Page 106]]

NW., Washington, DC 20460. If EPA determines that the required data were 
submitted, EPA will add the product to the Schedule.
    (2) EPA will inform the submitter in writing, within 60 days of the 
receipt of technical product data, of its decision on adding the product 
to the Schedule.
    (c) The submitter may assert that certain information in the 
technical product data submissions, including technical product data 
submissions for sorbents pursuant to Sec. 300.915(g)(3), is 
confidential business information. EPA will handle such claims pursuant 
to the provisions in 40 CFR part 2, subpart B. Such information must be 
submitted separately from non-confidential information, clearly 
identified, and clearly marked ``Confidential Business Information.'' If 
the submitter fails to make such a claim at the time of submittal, EPA 
may make the information available to the public without further notice.
    (d) The submitter must notify EPA of any changes in the composition, 
formulation, or application of the dispersant, surface washing agent, 
surface collecting agent, bioremediation agent, or miscellaneous oil 
spill control agent. On the basis of this data, EPA may require 
retesting of the product if the change is likely to affect the 
effectiveness or toxicity of the product.
    (e) The listing of a product on the NCP Product Schedule does not 
constitute approval of the product. To avoid possible misinterpretation 
or misrepresentation, any label, advertisement, or technical literature 
that refers to the placement of the product on the NCP Product Schedule 
must either reproduce in its entirety EPA's written statement that it 
will add the product to the NCP Product Schedule under Sec. 
300.920(a)(2) or (b)(2), or include the disclaimer shown below. If the 
disclaimer is used, it must be conspicuous and must be fully reproduced. 
Failure to comply with these restrictions or any other improper attempt 
to demonstrate the approval of the product by any NRT or other U.S. 
Government agency shall constitute grounds for removing the product from 
the NCP Product Schedule.

                               DISCLAIMER

[PRODUCT NAME] is on the U.S. Environmental Protection Agency's NCP 
Product Schedule. This listing does NOT mean that EPA approves, 
recommends, licenses, certifies, or authorizes the use of [PRODUCT NAME] 
on an oil discharge. This listing means only that data have been 
submitted to EPA as required by subpart J of the National Contingency 
Plan, Sec. 300.915.

Subpart K--Federal Facilities [Reserved]



 Subpart L_National Oil and Hazardous Substances Pollution Contingency 
       Plan; Involuntary Acquisition of Property by the Government

    Source: 62 FR 34602, June 26, 1997, unless otherwise noted.



Sec. 300.1105  Involuntary acquisition of property by the government.

    (a) Governmental ownership or control of property by involuntary 
acquisitions or involuntary transfers within the meaning of CERCLA 
section 101(20)(D) or section 101(35)(A)(ii) includes, but is not 
limited to:
    (1) Acquisitions by or transfers to the government in its capacity 
as a sovereign, including transfers or acquisitions pursuant to 
abandonment proceedings, or as the result of tax delinquency, or 
escheat, or other circumstances in which the government involuntarily 
obtains ownership or control of property by virtue of its function as 
sovereign;
    (2) Acquisitions by or transfers to a government entity or its agent 
(including governmental lending and credit institutions, loan 
guarantors, loan insurers, and financial regulatory entities which 
acquire security interests or properties of failed private lending or 
depository institutions) acting as a conservator or receiver pursuant to 
a clear and direct statutory mandate or regulatory authority;
    (3) Acquisitions or transfers of assets through foreclosure and its 
equivalents (as defined in 40 CFR 300.1100(d)(1)) or other means by a 
Federal, state, or local government entity in the course of 
administering a governmental loan

[[Page 107]]

or loan guarantee or loan insurance program; and
    (4) Acquisitions by or transfers to a government entity pursuant to 
seizure or forfeiture authority.
    (b) Nothing in this section or in CERCLA section 101(20)(D) or 
section 101(35)(A)(ii) affects the applicability of 40 CFR 300.1100 to 
any security interest, property, or asset acquired pursuant to an 
involuntary acquisition or transfer, as described in this section.

    Note to paragraphs (a)(3) and (b) of this section: Reference to 40 
CFR 300.1100 is a reference to the provisions regarding secured 
creditors in CERCLA sections 101(20)(E)-(G), 42 U.S.C. 9601(20)(E)-(G). 
See Section 2504(a) of the Asset Conservation, Lender Liability, and 
Deposit Insurance Protection Act, Public Law, 104-208, 110 Stat. 3009-
462, 3009-468 (1996).

            Appendix A to Part 300--The Hazard Ranking System

                            Table of Contents

List of Figures
List of Tables
1.0. Introduction.
1.1 Definitions.
2.0 Evaluations Common to Multiple Pathways.
2.1 Overview.
2.1.1 Calculation of HRS site score.
2.1.2 Calculation of pathway score.
2.1.3 Common evaluations.
2.2 Characterize sources.
2.2.1 Identify sources.
2.2.2 Identify hazardous substances associated with a source.
2.2.3 Identify hazardous substances available to a pathway.
2.3 Likelihood of release.
2.4 Waste characteristics.
2.4.1 Selection of substance potentially posing greatest hazard.
    2.4.1.1 Toxicity factor.
    2.4.1.2 Hazardous substance selection.
2.4.2 Hazardous waste quantity.
    2.4.2.1 Source hazardous waste quantity.
    2.4.2.1.1 Hazardous constituent quantity.
    2.4.2.1.2 Hazardous wastestream quantity.
    2.4.2.1.3 Volume.
    2.4.2.1.4 Area.
    2.4.2.1.5 Calculation of source hazardous waste quantity value.
    2.4.2.2 Calculation of hazardous waste quantity factor value.
2.4.3 Waste characteristics factor category value.
    2.4.3.1 Factor category value.
    2.4.3.2 Factor category value, considering bioaccumulation 
potential.
2.5 Targets.
2.5.1 Determination of level of actual contamination at a sampling 
          location.
2.5.2 Comparison to benchmarks.
3.0 Ground Water Migration Pathway.
3.0.1 General considerations.
    3.0.1.1 Ground water target distance limit.
    3.0.1.2 Aquifer boundaries.
    3.0.1.2.1 Aquifer interconnections.
    3.0.1.2.2 Aquifer discontinuities.
    3.0.1.3 Karst aquifer.
3.1 Likelihood of release.
3.1.1 Observed release.
3.1.2 Potential to release.
    3.1.2.1 Containment.
    3.1.2.2 Net precipitation.
    3.1.2.3 Depth to aquifer.
    3.1.2.4 Travel time.
    3.1.2.5 Calculation of potential to release factor value.
3.1.3 Calculation of likelihood of release factor category value.
3.2 Waste characteristics.
3.2.1 Toxicity/mobility.
    3.2.1.1 Toxicity.
    3.2.1.2 Mobility.
    3.2.1.3 Calculation of toxicity/mobility factor value.
3.2.2 Hazardous waste quantity.
3.2.3 Calculation of waste characteristics factor category value.
3.3 Targets.
3.3.1 Nearest well.
3.3.2 Population.
    3.3.2.1 Level of contamination.
    3.3.2.2 Level I concentrations.
    3.3.2.3 Level II concentrations.
    3.3.2.4 Potential contamination.
    3.3.2.5 Calculation of population factor value.
3.3.3 Resources.
3.3.4 Wellhead Protection Area.
3.3.5 Calculation of targets factor category value.
3.4 Ground water migration score for an aquifer.
3.5 Calculation of ground water migration pathway score.
4.0 Surface Water Migration Pathway.
4.0.1 Migration components.
4.0.2 Surface water categories.
4.1 Overland/flood migration component.
4.1.1 General considerations.
    4.1.1.1 Definition of hazardous substance migration path for 
overland/flood migration component.
    4.1.1.2 Target distance limit.
    4.1.1.3 Evaluation of overland/flood migration component.
4.1.2 Drinking water threat.
    4.1.2.1 Drinking water threat-likelihood of release.
    4.1.2.1.1 Observed release.
    4.1.2.1.2 Potential to release.
    4.1.2.1.2.1 Potential to release by overland flow.
    4.1.2.1.2.1.1 Containment.
    4.1.2.1.2.1.2 Runoff.

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    4.1.2.1.2.1.3 Distance to surface water.
    4.1.2.1.2.1.4 Calculation of factor value for potential to release 
by overland flow.
    4.1.2.1.2.2 Potential to release by flood.
    4.1.2.1.2.2.1 Containment (flood).
    4.1.2.1.2.2.2 Flood frequency.
    4.1.2.1.2.2.3 Calculation of factor value for potential to release 
by flood.
    4.1.2.1.2.3 Calculation of potential to release factor value.
    4.1.2.1.3 Calculation of drinking water threat-likelihood of release 
factor category value.
    4.1.2.2 Drinking water threat-waste characteristics.
    4.1.2.2.1 Toxicity/persistence.
    4.1.2.2.1.1 Toxicity.
    4.1.2.2.1.2 Persistence.
    4.1.2.2.1.3 Calculation of toxicity/persistence factor value.
    4.1.2.2.2 Hazardous waste quantity.
    4.1.2.2.3 Calculation of drinking water threat-waste characteristics 
factor category value.
    4.1.2.3 Drinking water threat-targets.
    4.1.2.3.1 Nearest intake.
    4.1.2.3.2 Population.
    4.1.2.3.2.1 Level of contamination.
    4.1.2.3.2.2 Level I concentrations.
    4.1.2.3.2.3 Level II concentrations.
    4.1.2.3.2.4 Potential contamination.
    4.1.2.3.2.5 Calculation of population factor value.
    4.1.2.3.3 Resources.
    4.1.2.3.4 Calculation of drinking water threat-targets factor 
category value.
    4.1.2.4 Calculation of the drinking water threat score for a 
watershed.
4.1.3 Human food chain threat.
    4.1.3.1 Human food chain threat-likelihood of release.
    4.1.3.2 Human food chain threat-waste characteristics.
    4.1.3.2.1 Toxicity/persistence/bioaccumulation.
    4.1.3.2.1.1 Toxicity.
    4.1.3.2.1.2 Persistence.
    4.1.3.2.1.3 Bioaccumulation potential.
    4.1.3.2.1.4 Calculation of toxicity/persistence/bioaccumulation 
factor value.
    4.1.3.2.2 Hazardous waste quantity.
    4.1.3.2.3 Calculation of human food chain threat-waste 
characteristics factor category value.
    4.1.3.3 Human food chain threat-targets.
    4.1.3.3.1 Food chain individual.
    4.1.3.3.2 Population.
    4.1.3.3.2.1 Level I concentrations.
    4.1.3.3.2.2 Level II concentrations.
    4.1.3.3.2.3 Potential human food chain contamination.
    4.1.3.3.2.4 Calculation of population factor value.
    4.1.3.3.3 Calculation of human food chain threat-targets factor 
category value.
    4.1.3.4 Calculation of human food chain threat score for a 
watershed.
4.1.4 Environmental threat.
    4.1.4.1 Environmental threat-likelihood of release.
    4.1.4.2 Environmental threat-waste characteristics.
    4.1.4.2.1 Ecosystem toxicity/persistence/bioaccumulation.
    4.1.4.2.1.1 Ecosystem toxicity.
    4.1.4.2.1.2 Persistence.
    4.1.4.2.1.3 Ecosystem bioaccumulation potential.
    4.1.4.2.1.4 Calculation of ecosystem toxicity/persistence/
bioaccumulation factor value.
    4.1.4.2.2 Hazardous waste quantity.
    4.1.4.2.3 Calculation of environmental threat-waste characteristics 
factor category value.
    4.1.4.3 Environmental threat-targets.
    4.1.4.3.1 Sensitive environments.
    4.1.4.3.1.1 Level I concentrations.
    4.1.4.3.1.2 Level II concentrations.
    4.1.4.3.1.3 Potential contamination.
    4.1.4.3.1.4 Calculation of environmental threat-targets factor 
category value.
    4.1.4.4 Calculation of environmental threat score for a watershed.
4.1.5 Calculation of overland/flood migration component score for a 
          watershed.
4.1.6 Calculation of overland/flood migration component score.
4.2 Ground water to surface water migration component.
4.2.1 General Considerations.
    4.2.1.1 Eligible surface waters.
    4.2.1.2 Definition of hazardous substance migration path for ground 
water to surface water migration component.
    4.2.1.3 Observed release of a specific hazardous substance to 
surface water in-water segment.
    4.2.1.4 Target distance limit.
    4.2.1.5 Evaluation of ground water to surface water migration 
component.
4.2.2 Drinking water threat.
    4.2.2.1 Drinking water threat-likelihood of release.
    4.2.2.1.1 Observed release.
    4.2.2.1.2 Potential to release.
    4.2.2.1.3 Calculation of drinking water threat-likelihood of release 
factor category value.
    4.2.2.2 Drinking water threat-waste characteristics.
    4.2.2.2.1 Toxicity/mobility/persistence.
    4.2.2.2.1.1 Toxicity.
    4.2.2.2.1.2 Mobility.
    4.2.2.2.1.3 Persistence.
    4.2.2.2.1.4 Calculation of toxicity/mobility/persistence factor 
value.
    4.2.2.2.2 Hazardous waste quantity.
    4.2.2.2.3 Calculation of drinking water threat-waste characteristics 
factor category value.
    4.2.2.3 Drinking water threat-targets.
    4.2.2.3.1 Nearest intake.
    4.2.2.3.2 Population.

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    4.2.2.3.2.1 Level I concentrations.
    4.2.2.3.2.2 Level II concentrations.
    4.2.2.3.2.3 Potential contamination.
    4.2.2.3.2.4 Calculation of population factor value.
    4.2.2.3.3 Resources.
    4.2.2.3.4 Calculation of drinking water threat-targets factor 
category value.
    4.2.2.4 Calculation of drinking water threat score for a watershed.
4.2.3 Human food chain threat.
    4.2.3.1 Human food chain threat-likelihood of release.
    4.2.3.2 Human food chain threat-waste characteristics.
    4.2.3.2.1 Toxicity/mobility/persistence/bioaccumulation.
    4.2.3.2.1.1 Toxicity.
    4.2.3.2.1.2 Mobility.
    4.2.3.2.1.3 Persistence.
    4.2.3.2.1.4 Bioaccumulation potential.
    4.2.3.2.1.5 Calculation of toxicity/mobility/persistence/
bioaccumulation factor value.
    4.2.3.2.2 Hazardous waste quantity.
    4.2.3.2.3 Calculation of human food chain threat-waste 
characteristics factor category value.
    4.2.3.3 Human food chain threat-targets.
    4.2.3.3.1 Food chain individual.
    4.2.3.3.2 Population.
    4.2.3.3.2.1 Level I concentrations.
    4.2.3.3.2.2 Level II concentrations.
    4.2.3.3.2.3 Potential human food chain contamination.
    4.2.3.3.2.4 Calculation of population factor value.
    4.2.3.3.3 Calculation of human food chain threat-targets factor 
category value.
    4.2.3.4 Calculation of human food chain threat score for a 
watershed.
4.2.4 Environmental threat.
    4.2.4.1 Environmental threat-likelihood of release.
    4.2.4.2 Environmental threat-waste characteristics.
    4.2.4.2.1 Ecosystem toxicity/mobility/persistence/bioaccumulation.
    4.2.4.2.1.1 Ecosystem toxicity.
    4.2.4.2.1.2 Mobility.
    4.2.4.2.1.3 Persistence.
    4.2.4.2.1.4 Ecosystem bioaccumulation potential.
    4.2.4.2.1.5 Calculation of ecosystem toxicity/mobility/persistence/
bioaccumulation factor value.
    4.2.4.2.2 Hazardous waste quantity.
    4.2.4.2.3 Calculation of environmental threat-waste characteristics 
factor category value.
    4.2.4.3 Environmental threat-targets.
    4.2.4.3.1 Sensitive environments.
    4.2.4.3.1.1 Level I concentrations.
    4.2.4.3.1.2 Level II concentrations.
    4.2.4.3.1.3 Potential contamination.
    4.2.4.3.1.4 Calculation of environmental threat-targets factor 
category value.
    4.2.4.4 Calculation of environmental threat score for a watershed.
4.2.5 Calculation of ground water to surface water migration component 
          score for a watershed.
4.2.6 Calculation of ground water to surface water migration component 
          score.
4.3 Calculation of surface water migration pathway score.
5.0 Soil Exposure Pathway.
5.0.1 General considerations.
5.1 Resident population threat.
5.1.1 Likelihood of exposure.
5.1.2 Waste characteristics.
    5.1.2.1 Toxicity.
    5.1.2.2 Hazardous waste quantity.
    5.1.2.3 Calculation of waste characteristics factor category value.
5.1.3 Targets.
    5.1.3.1 Resident individual.
    5.1.3.2 Resident population.
    5.1.3.2.1 Level I concentrations.
    5.1.3.2.2 Level II concentrations.
    5.1.3.2.3 Calculation of resident population factor value.
    5.1.3.3 Workers.
    5.1.3.4 Resources.
    5.1.3.5 Terrestrial sensitive environments.
    5.1.3.6 Calculation of resident population targets factor category 
value.
5.1.4 Calculation of resident population threat score.
5.2 Nearby population threat.
5.2.1 Likelihood of exposure.
    5.2.1.1 Attractiveness/accessibility.
    5.2.1.2 Area of contamination.
    5.2.1.3 Likelihood of exposure factor category value.
5.2.2 Waste characteristics.
    5.2.2.1 Toxicity.
    5.2.2.2 Hazardous waste quantity.
    5.2.2.3 Calculation of waste characteristics factor category value.
5.2.3 Targets.
    5.2.3.1 Nearby individual.
    5.2.3.2 Population within 1 mile.
    5.2.3.3 Calculation of nearby population targets factor category 
value.
5.2.4 Calculation of nearby population threat score.
5.3 Calculation of soil exposure pathway score.
6.0 Air Migration Pathway.
6.1 Likelihood of release.
6.1.1 Observed release.
6.1.2 Potential to release.
    6.1.2.1 Gas potential to release.
    6.1.2.1.1 Gas containment.
    6.1.2.1.2 Gas source type.
    6.1.2.1.3 Gas migration potential.
    6.1.2.1.4 Calculation of gas potential to release value.
    6.1.2.2 Particulate potential to release.
    6.1.2.2.1 Particulate containment.
    6.1.2.2.2 Pariculate source type.
    6.1.2.2.3 Particulate migration potential.

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    6.1.2.2.4 Calculation of particulate potential to release value.
    6.1.2.3 Calculation of potential to release factor value for the 
site.
6.1.3 Calculation of likelihood of release factor category value.
6.2 Waste characteristics.
6.2.1 Toxicity/mobility.
    6.2.1.1 Toxicity.
    6.2.1.2 Mobility.
    6.2.1.3 Calculation of toxicity/mobility factor value.
6.2.2 Hazardous waste quantity.
6.2.3 Calculation of waste characteristics factor category value.
6.3 Targets.
6.3.1 Nearest individual.
6.3.2 Population.
    6.3.2.1 Level of contamination.
    6.3.2.2 Level I concentrations.
    6.3.2.3 Level II concentrations.
    6.3.2.4 Potential contamination.
    6.3.2.5 Calculation of population factor value.
6.3.3 Resources.
6.3.4 Sensitive environments.
    6.3.4.1 Actual contamination.
    6.3.4.2 Potential contamination.
    6.3.4.3 Calculation of sensitive environments factor value.
6.3.5 Calculation of targets factor category value.
6.4 Calculation of air migration pathway score.
7.0 Sites Containing Radioactive Substances.
7.1 Likelihood of release/likelihood of exposure.
7.1.1 Observed release/observed contamination.
7.1.2 Potential to release.
7.2 Waste characteristics.
7.2.1 Human toxicity.
7.2.2 Ecosystem toxicity.
7.2.3 Persistence.
7.2.4 Selection of substance potentially posing greatest hazard.
7.2.5 Hazardous waste quantity.
    7.2.5.1 Source hazardous waste quantity for radionuclides.
    7.2.5.1.1 Radionuclide constituent quantity (Tier A).
    7.2.5.1.2 Radionuclide wastestream quantity (Tier B).
    7.2.5.1.3 Calculation of source hazardous waste quantity value for 
radionuclides.
    7.2.5.2 Calculation of hazardous waste quantity factor value for 
radionuclides.
    7.2.5.3 Calculation of hazardous waste quantity factor value for 
sites containing mixed radioactive and other hazardous substances.
7.3 Targets.
7.3.1 Level of contamination at a sampling location.
7.3.2 Comparison to benchmarks.

                             List of Figures

                              Figure number

3-1 Overview of ground water migration pathway.
3-2 Net precipitation factor values.
4-1 Overview of surface water overland/flood migration component.
4-2 Overview of ground water to surface water migration component.
4-3 Sample determination of ground water to surface water angle.
5-1 Overview of soil exposure pathway.
6-1 Overview of air migration pathway.
6-2 Particulate migration potential factor values.
6-3 Particulate mobility factor values.

                             List of Tables

                              Table number

2-1 Sample pathway scoresheet.
2-2 Sample source characterization worksheet.
2-3 Observed release criteria for chemical analysis.
2-4 Toxicity factor evaluation.
2-5 Hazardous waste quantity evaluation equations.
2-6 Hazardous waste quantity factor values.
2-7 Waste characteristics factor category values.
3-1 Ground water migration pathway scoresheet.
3-2 Containment factor values for ground water migration pathway.
3-3 Monthly latitude adjusting values.
3-4 Net precipitation factor values.
3-5 Depth to aquifer factor values.
3-6 Hydraulic conductivity of geologic materials.
3-7 Travel time factor values.
3-8 Ground water mobility factor values.
3-9 Toxicity/mobility factor values.
3-10 Health-based benchmarks for hazardous substances in drinking water.
3-11 Nearest well factor values.
3-12 Distance-weighted population values for potential contamination 
          factor for ground water migration pathway.
4-1 Surface water overland/flood migration component scoresheet.
4-2 Containment factor values for surface water migration pathway.
4-3 Drainage area values.
4-4 Soil group designations.
4-5 Rainfall/runoff values.
4-6 Runoff factor values.
4-7 Distance to surface water factor values.
4-8 Containment (flood) factor values.
4-9 Flood frequency factor values.
4-10 Persistence factor values--half-life.
4-11 Persistence factor values--log Kow
4-12 Toxicity/persistence factor values.
4-13 Surface water dilution weights.

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4-14 Dilution-weighted population values for potential contamination 
          factor for surface water migration pathway.
4-15 Bioaccumulation potential factor values.
4-16 Toxicity/persistence/bioaccumulation factor values.
4-17 Health-based benchmarks for hazardous substances in human food 
          chain.
4-18 Human food chain population values.
4-19 Ecosystem toxicity factor values.
4-20 Ecosystem toxicity/persistence factor values.
4-21 Ecosystem toxicity/persistence/bioaccumulation factor values.
4-22 Ecological-based benchmarks for hazardous substances in surface 
          water.
4-23 Sensitive environments rating values.
4-24 Wetlands rating values for surface water migration pathway.
4-25 Ground water to surface water migration component scoresheet.
4-26 Toxicity/mobility/persistence factor values.
4-27 Dilution weight adjustments.
4-28 Toxicity/mobility/persistence/bioaccumulation factor values.
4-29 Ecosystem toxicity/mobility/persistence factor values.
4-30 Ecosystem toxicity/mobility/persistence/bioaccumulation factor 
          values.
5-1 Soil exposure pathway scoresheet.
5-2 Hazardous waste quantity evaluation equations for soil exposure 
          pathway.
5-3 Health-based benchmarks for hazardous substances in soils.
5-4 Factor values for workers.
5-5 Terrestrial sensitive environments rating values.
5-6 Attractiveness/accessibility values.
5-7 Area of contamination factor values.
5-8 Nearby population likelihood of exposure factor values.
5-9 Nearby individual factor values.
5-10 Distance-weighted population values for nearby population threat.
6-1 Air migration pathway scoresheet.
6-2 Gas potential to release evaluation.
6-3 Gas containment factor values.
6-4 Source type factor values.
6-5 Values for vapor pressure and Henry's constant.
6-6 Gas migration potential values for a hazardous substance.
6-7 Gas migration potential values for the source.
6-8 Particulate potential to release evaluation.
6-9 Particulate containment factor values.
6-10 Particulate migration potential values.
6-11 Gas mobility factor values.
6-12 Particulate mobility factor values.
6-13 Toxicity/mobility factor values.
6-14 Health-based benchmarks for hazardous substances in air.
6-15 Air migration pathway distance weights.
6-16 Nearest individual factor values.
6-17 Distance-weighted population values for potential contamination 
          factor for air pathway.
6-18 Wetlands rating values for air migration pathway.
7-1 HRS factors evaluated differently for radionuclides.
7-2 Toxicity factor values for radionuclides.

                            1.0 Introduction

    The Hazard Ranking System (HRS) is the principal mechanism the U.S. 
Environmental Protection Agency (EPA) uses to place sites on the 
National Priorities List (NPL). The HRS serves as a screening device to 
evaluate the potential for releases of uncontrolled hazardous substances 
to cause human health or environmental damage. The HRS provides a 
measure of relative rather than absolute risk. It is designed so that it 
can be consistently applied to a wide variety of sites.

                             1.1 Definitions

    Acute toxicity: Measure of toxicological responses that result from 
a single exposure to a substance or from multiple exposures within a 
short period of time (typically several days or less). Specific measures 
of acute toxicity used within the HRS include lethal dose50 
(LD50) and lethal concentration50 
(LC50), typically measured within a 24-hour to 96-hour 
period.
    Ambient Aquatic Life Advisory Concentrations (AALACs): EPA's 
advisory concentration limit for acute or chronic toxicity to aquatic 
organisms as established under section 304(a)(1) of the Clean Water Act, 
as amended.
    Ambient Water Quality Criteria (AWQC): EPA's maximum acute or 
chronic toxicity concentrations for protection of aquatic life and its 
uses as established under section 304(a)(1) of the Clean Water Act, as 
amended.
    Bioconcentration factor (BCF): Measure of the tendency for a 
substance to accumulate in the tissue of an aquatic organism. BCF is 
determined by the extent of partitioning of a substance, at equilibrium, 
between the tissue of an aquatic organism and water. As the ratio of 
concentration of a substance in the organism divided by the 
concentration in water, higher BCF values reflect a tendency for 
substances to accumulate in the tissue of aquatic organisms. [unitless].
    Biodegradation: Chemical reaction of a substance induced by 
enzymatic activity of microorganisms.
    CERCLA: Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended (Pub. L. 96-510, as amended).
    Chronic toxicity: Measure of toxicological responses that result 
from repeated exposure to a substance over an extended period of

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time (typically 3 months or longer). Such responses may persist beyond 
the exposure or may not appear until much later in time than the 
exposure. HRS measures of chronic toxicity include Reference Dose (RfD) 
values.
    Contract Laboratory Program (CLP): Analytical program developed for 
CERCLA waste site samples to fill the need for legally defensible 
analytical results supported by a high level of quality assurance and 
documentation.
    Contract-Required Detection Limit (CRDL): Term equivalent to 
contract-required quantitation limit, but used primarily for inorganic 
substances.
    Contract-Required Quantitation Limit (CRQL): Substance-specific 
level that a CLP laboratory must be able to routinely and reliably 
detect in specific sample matrices. It is not the lowest detectable 
level achievable, but rather the level that a CLP laboratory should 
reasonably quantify. The CRQL may or may not be equal to the 
quantitation limit of a given substance in a given sample. For HRS 
purposes, the term CRQL refers to both the contract-required 
quantitation limit and the contract-required detection limit.
    Curie (Ci): Measure used to quantify the amount of radioactivity. 
One curie equals 37 billion nuclear transformations per second, and one 
picocurie (pCi) equals 10-12 Ci.
    Decay product: Isotope formed by the radioactive decay of some other 
isotope. This newly formed isotope possesses physical and chemical 
properties that are different from those of its parent isotope, and may 
also be radioactive.
    Detection Limit (DL): Lowest amount that can be distinguished from 
the normal random ``noise'' of an analytical instrument or method. For 
HRS purposes, the detection limit used is the method detection limit 
(MDL) or, for real-time field instruments, the detection limit of the 
instrument as used in the field.
    Dilution weight: Parameter in the HRS surface water migration 
pathway that reduces the point value assigned to targets as the flow or 
depth of the relevant surface water body increases. [unitless].
    Distance weight: Parameter in the HRS air migration, ground water 
migration, and soil exposure pathways that reduces the point value 
assigned to targets as their distance increases from the site. 
[unitless].
    Distribution coefficient (Kd): Measure of the extent of partitioning 
of a substance between geologic materials (for example, soil, sediment, 
rock) and water (also called partition coefficient). The distribution 
coefficient is used in the HRS in evaluating the mobility of a substance 
for the ground water migration pathway. [ml/g].
    ED10 (10 percent effective dose): Estimated dose associated with a 
10 percent increase in response over control groups. For HRS purposes, 
the response considered is cancer. [milligrams toxicant per kilogram 
body weight per day (mg/kg-day)].
    Food and Drug Administration Action Level (FDAAL): Under section 408 
of the Federal Food, Drug and Cosmetic Act, as amended, concentration of 
a poisonous or deleterious substance in human food or animal feed at or 
above which FDA will take legal action to remove adulterated products 
from the market. Only FDAALs established for fish and shellfish apply in 
the HRS.
    Half-life: Length of time required for an initial concentration of a 
substance to be halved as a result of loss through decay. The HRS 
considers five decay processes: biodegradation, hydrolysis, photolysis, 
radioactive decay, and volatilization.
    Hazardous substance: CERCLA hazardous substances, pollutants, and 
contaminants as defined in CERCLA sections 101(14) and 101(33), except 
where otherwise specifically noted in the HRS.
    Hazardous wastestream: Material containing CERCLA hazardous 
substances (as defined in CERCLA section 101[14]) that was deposited, 
stored, disposed, or placed in, or that otherwise migrated to, a source.
    HRS ``factor'': Primary rating elements internal to the HRS.
    HRS ``factor category'': Set of HRS factors (that is, likelihood of 
release [or exposure], waste characteristics, targets).
    HRS ``migration pathways'': HRS ground water, surface water, and air 
migration pathways.
    HRS ``pathway'': Set of HRS factor categories combined to produce a 
score to measure relative risks posed by a site in one of four 
environmental pathways (that is, ground water, surface water, soil, and 
air).
    HRS ``site score'': Composite of the four HRS pathway scores.
    Henry's law constant: Measure of the volatility of a substance in a 
dilute solution of water at equilibrium. It is the ratio of the vapor 
pressure exerted by a substance in the gas phase over a dilute aqueous 
solution of that substance to its concentration in the solution at a 
given temperature. For HRS purposes, use the value reported at or near 
25 [deg]C. [atmosphere-cubic meters per mole (atm-m\3\/mol)].
    Hydrolysis: Chemical reaction of a substance with water.
    Karst: Terrain with characteristics of relief and drainage arising 
from a high degree of rock solubility in natural waters. The majority of 
karst occurs in limestones, but karst may also form in dolomite, gypsum, 
and salt deposits. Features associated with karst terrains typically 
include irregular topography, sinkholes, vertical shafts, abrupt ridges, 
caverns, abundant springs, and/or disappearing streams. Karst aquifers 
are associated with karst terrain.

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    LC50 (lethal concentration, 50 percent): Concentration of a 
substance in air [typically micrograms per cubic meter ([micro]g/m\3\)] 
or water [typically micrograms per liter ([micro]g/l)] that kills 50 
percent of a group of exposed organisms. The LC50 is used in 
the HRS in assessing acute toxicity.
    LD50 (lethal dose, 50 percent): Dose of a substance that kills 50 
percent of a group of exposed organisms. The LD50 is used in 
the HRS in assessing acute toxicity [milligrams toxicant per kilogram 
body weight (mg/kg)].
    Maximum Contaminant Level (MCL): Under section 1412 of the Safe 
Drinking Water Act, as amended, the maximum permissible concentration of 
a substance in water that is delivered to any user of a public water 
supply.
    Maximum Contaminant Level Goal (MCLG): Under section 1412 of the 
Safe Drinking Water Act, as amended, a nonenforceable concentration for 
a substance in drinking water that is protective of adverse human health 
effects and allows an adequate margin of safety.
    Method Detection Limit (MDL): Lowest concentration of analyte that a 
method can detect reliably in either a sample or blank.
    Mixed radioactive and other hazardous substances: Material 
containing both radioactive hazardous substances and nonradioactive 
hazardous substances, regardless of whether these types of substances 
are physically separated, combined chemically, or simply mixed together.
    National Ambient Air Quality Standards (NAAQS): Primary standards 
for air quality established under sections 108 and 109 of the Clean Air 
Act, as amended.
    National Emission Standards for Hazardous Air Pollutants (NESHAPs): 
Standards established for substances listed under section 112 of the 
Clean Air Act, as amended. Only those NESHAPs promulgated in ambient 
concentration units apply in the HRS.
    Octanol-water partition coefficient (Kow [or P]): Measure of the 
extent of partitioning of a substance between water and octanol at 
equilibrium. The Kow is determined by the ratio between the 
concentration in octanol divided by the concentration in water at 
equilibrium. [unitless].
    Organic carbon partition coefficient (Koc): Measure of the extent of 
partitioning of a substance, at equilibrium, between organic carbon in 
geologic materials and water. The higher the Koc, the more 
likely a substance is to bind to geologic materials than to remain in 
water. [ml/g].
    Photolysis: Chemical reaction of a substance caused by direct 
absorption of solar energy (direct photolysis) or caused by other 
substances that absorb solar energy (indirect photolysis).
    Radiation: Particles (alpha, beta, neutrons) or photons (x- and 
gamma-rays) emitted by radionuclides.
    Radioactive decay: Process of spontaneous nuclear transformation, 
whereby an isotope of one element is transformed into an isotope of 
another element, releasing excess energy in the form of radiation.
    Radioactive half-life: Time required for one-half the atoms in a 
given quantity of a specific radionuclide to undergo radioactive decay.
    Radioactive substance: Solid, liquid, or gas containing atoms of a 
single radionuclide or multiple radionuclides.
    Radioactivity: Property of those isotopes of elements that exhibit 
radioactive decay and emit radiation.
    Radionuclide/radioisotope: Isotope of an element exhibiting 
radioactivity. For HRS purposes, ``radionuclide'' and ``radioisotope'' 
are used synonymously.
    Reference dose (RfD): Estimate of a daily exposure level of a 
substance to a human population below which adverse noncancer health 
effects are not anticipated. [milligrams toxicant per kilogram body 
weight per day (mg/kg-day)].
    Removal action: Action that removes hazardous substances from the 
site for proper disposal or destruction in a facility permitted under 
the Resource Conservation and Recovery Act or the Toxic Substances 
Control Act or by the Nuclear Regulatory Commission.
    Roentgen (R): Measure of external exposures to ionizing radiation. 
One roentgen equals that amount of x-ray or gamma radiation required to 
produce ions carrying a charge of 1 electrostatic unit (esu) in 1 cubic 
centimeter of dry air under standard conditions. One microroentgen 
([micro]R) equals 10-6 R.
    Sample quantitation limit (SQL): Quantity of a substance that can be 
reasonably quantified given the limits of detection for the methods of 
analysis and sample characteristics that may affect quantitation (for 
example, dilution, concentration).
    Screening concentration: Media-specific benchmark concentration for 
a hazardous substance that is used in the HRS for comparison with the 
concentration of that hazardous substance in a sample from that media. 
The screening concentration for a specific hazardous substance 
corresponds to its reference dose for inhalation exposures or for oral 
exposures, as appropriate, and, if the substance is a human carcinogen 
with a weight-of-evidence classification of A, B, or C, to that 
concentration that corresponds to its 10-6 individual 
lifetime excess cancer risk for inhalation exposures or for oral 
exposures, as appropriate.
    Site: Area(s) where a hazardous substance has been deposited, 
stored, disposed, or placed, or has otherwise come to be located. Such 
areas may include multiple sources and may include the area between 
sources.
    Slope factor (also referred to as cancer potency factor): Estimate 
of the probability of

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response (for example, cancer) per unit intake of a substance over a 
lifetime. The slope factor is typically used to estimate upper-bound 
probability of an individual developing cancer as a result of exposure 
to a particular level of a human carcinogen with a weight-of-evidence 
classification of A, B, or C. [(mg/kg-day)-1 for non-
radioactive substances and (pCi)-1 for radioactive 
substances].

    Source: Any area where a hazardous substance has been deposited, 
stored, disposed, or placed, plus those soils that have become 
contaminated from migration of a hazardous substance. Sources do not 
include those volumes of air, ground water, surface water, or surface 
water sediments that have become contaminated by migration, except: in 
the case of either a ground water plume with no identified source or 
contaminated surface water sediments with no identified source, the 
plume or contaminated sediments may be considered a source.

    Target distance limit: Maximum distance over which targets for the 
site are evaluated. The target distance limit varies by HRS pathway.
    Uranium Mill Tailings Radiation Control Act (UMTRCA) Standards: 
Standards for radionuclides established under sections 102, 104, and 108 
of the Uranium Mill Tailings Radiation Control Act, as amended.
    Vapor pressure: Pressure exerted by the vapor of a substance when it 
is in equilibrium with its solid or liquid form at a given temperature. 
For HRS purposes, use the value reported at or near 25 [deg]C. 
[atmosphere or torr].
    Volatilization: Physical transfer process through which a substance 
undergoes a change of state from a solid or liquid to a gas.
    Water solubility: Maximum concentration of a substance in pure water 
at a given temperature. For HRS purposes, use the value reported at or 
near 25 [deg]C. [milligrams per liter (mg/l)].
    Weight-of-evidence: EPA classification system for characterizing the 
evidence supporting the designation of a substance as a human 
carcinogen. EPA weight-of-evidence groupings include:

    Group A: Human carcinogen- -sufficient evidence of carcinogenicity 
in humans.
    Group B1: Probable human carcinogen- -limited evidence of 
carcinogenicity in humans.
    Group B2: Probable human carcinogen- -sufficient evidence of 
carcinogenicity in animals.
    Group C: Possible human carcinogen- -limited evidence of 
carcinogenicity in animals.
    Group D: Not classifiable as to human carcinogenicity- -applicable 
when there is no animal evidence, or when human or animal evidence is 
inadequate.
    Group E: Evidence of noncarcinogenicity for humans.

               2.0 Evaluations Common to Multiple Pathways

    2.1 Overview. The HRS site score (S) is the result of an evaluation 
of four pathways:
     Ground Water Migration (Sgw).
     Surface Water Migration (Ssw).
     Soil Exposure (Ss).
     Air Migration (Sa).
    The ground water and air migration pathways use single threat 
evaluations, while the surface water migration and soil exposure 
pathways use multiple threat evaluations. Three threats are evaluated 
for the surface water migration pathway: drinking water, human food 
chain, and environmental. These threats are evaluated for two separate 
migration components- -overland/flood migration and ground water to 
surface water migration. Two threats are evaluated for the soil exposure 
pathway: resident population and nearby population.
    The HRS is structured to provide a parallel evaluation for each of 
these pathways and threats. This section focuses on these parallel 
evaluations, starting with the calculation of the HRS site score and the 
individual pathway scores.
    2.1.1 Calculation of HRS site score. Scores are first calculated for 
the individual pathways as specified in sections 2 through 7 and then 
are combined for the site using the following root-mean-square equation 
to determine the overall HRS site score, which ranges from 0 to 100:
[GRAPHIC] [TIFF OMITTED] TR31AU93.056

    2.1.2 Calculation of pathway score. Table 2-1, which is based on the 
air migration pathway, illustrates the basic parameters used to 
calculate a pathway score. As table 2-1 shows, each pathway (or threat) 
score is the product of three ``factor categories'': likelihood of 
release, waste characteristics, and targets. (The soil exposure pathway 
uses likelihood of exposure rather than likelihood of release.) Each of 
the three factor categories contains a set of factors that are assigned 
numerical values and combined as specified in sections 2 through 7. The 
factor values are rounded to the nearest integer, except where otherwise 
noted.
    2.1.3 Common evaluations. Evaluations common to all four HRS 
pathways include:
     Characterizing sources.

-Identifying sources (and, for the soil exposure pathway, areas of 
observed contamination [see section 5.0.1]).
-Identifying hazardous substances associated with each source (or area 
of observed contamination).

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-Identifying hazardous substances available to a pathway.

                  Table 2-1--Sample Pathway Scoresheet
------------------------------------------------------------------------
                                                       Maximum    Value
                   Factor category                      value   assigned
------------------------------------------------------------------------
                Likelihood of Release
 
1. Observed Release..................................      550
2. Potential to Release..............................      500
3. Likelihood of Release (higher of lines 1 and 2)...      550
                Waste Characteristics
 
4. Toxicity/Mobility.................................      (a)
5. Hazardous Waste Quantity..........................      (a)
6. Waste Characteristics.............................      100
                       Targets
 
7. Nearest Individual
  7a. Level I........................................       50
  7b. Level II.......................................       45
  7c. Potential Contamination........................       20
  7d. Nearest Individual (higher of lines 7a, 7b, or        50
   7c)...............................................
8. Population
  8a. Level I........................................      (b)
  8b. Level II.......................................      (b)
  8c. Potential Contamination........................      (b)
  8d. Total Population (lines
   8a+8b+8c).........................................      (b)
9. Resources.........................................        5
10. Sensitive Environments...........................      (b)
  10a. Actual Contamination..........................      (b)
  10b. Potential Contamination.......................      (b)
  10c. Sensitive Environments
   (lines 10a+10b)...................................      (b)
11. Targets (lines 7d+8d+9+10c)......................      (b)
12. Pathway Score is the product of Likelihood of Release, Waste
 Characteristics, and Targets, divided by 82,500. Pathway scores are
 limited to a maximum of 100 points.
------------------------------------------------------------------------
\a\ Maximum value applies to waste characteristics category. The product
  of lines 4 and 5 is used in table 2-7 to derive the value for the
  waste characteristics factor category.
\b\ There is no limit to the human population or sensitive environments
  factor values. However, the pathway score based solely on sensitive
  environments is limited to a maximum of 60 points.

     Scoring likelihood of release (or likelihood of 
exposure) factor category.

-Scoring observed release (or observed contamination).
-Scoring potential to release when there is no observed release.
     Scoring waste characteristics factor category.

-Evaluating toxicity.
-Combining toxicity with mobility, persistence, and/or bioaccumulation 
(or ecosystem bioaccumulation) potential, as appropriate to the pathway 
(or threat).
-Evaluating hazardous waste quantity.
-Combining hazardous waste quantity with the other waste characteristics 
factors.
-Determining waste characteristics factor category value.
     Scoring targets factor category.

-Determining level of contamination for targets.
    These evaluations are essentially identical for the three migration 
pathways (ground water, surface water, and air). However, the 
evaluations differ in certain respects for the soil exposure pathway.
    Section 7 specifies modifications that apply to each pathway when 
evaluating sites containing radioactive substances.
    Section 2 focuses on evaluations common at the pathway and threat 
levels. Note that for the ground water and surface water migration 
pathways, separate scores are calculated for each aquifer (see section 
3.0) and each watershed (see sections 4.1.1.3 and 4.2.1.5) when 
determining the pathway scores for a site. Although the evaluations in 
section 2 do not vary when different aquifers or watersheds are scored 
at a site, the specific factor values (for example, observed release, 
hazardous waste quantity, toxicity/mobility) that result from these 
evaluations can vary by aquifer and by watershed at the site. This can 
occur through differences both in the specific sources and targets 
eligible to be evaluated for each aquifer and watershed and in whether 
observed releases can be established for each aquifer and watershed. 
Such differences in scoring at the aquifer and watershed level are 
addressed in sections 3 and 4, not section 2.
    2.2 Characterize sources. Source characterization includes 
identification of the following:
     Sources (and areas of observed contamination) at 
the site.
     Hazardous substances associated with these 
sources (or areas of observed contamination).
     Pathways potentially threatened by these 
hazardous substances.
    Table 2-2 presents a sample worksheet for source characterization.
    2.2.1 Identify sources. For the three migration pathways, identify 
the sources at the site that contain hazardous substances. Identify the 
migration pathway(s) to which each source applies. For the soil exposure 
pathway, identify areas of observed contamination at the site (see 
section 5.0.1).

           Table 2-2--Sample Source Characterization Worksheet
Source: ------------------------------------
A. Source dimensions and hazardous waste quantity.
 Hazardous constituent quantity: ------
 Hazardous wastestream quantity: ------
 Volume: ------
 Area: ------
 Area of observed contamination: ------
B. Hazardous substances associated with the source.
 


[[Page 116]]


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Available to pathway
                                                                    ------------------------------------------------------------------------------------
                                                                                Air                         Surface water (SW)             Soil
                        Hazardous substance                         -------------------------   Ground   -----------------------------------------------
                                                                                              water (GW)   Overland/
                                                                         Gas     Particulate                 flood     GW to SW    Resident     Nearby
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
 
 
 
 
 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

    2.2.2 Identify hazardous substances associated with a source. For 
each of the three migration pathways, consider those hazardous 
substances documented in a source (for example, by sampling, labels, 
manifests, oral or written statements) to be associated with that source 
when evaluating each pathway. In some instances, a hazardous substance 
can be documented as being present at a site (for example, by labels, 
manifests, oral or written statements), but the specific source(s) 
containing that hazardous substance cannot be documented. For the three 
migration pathways, in those instances when the specific source(s) 
cannot be documented for a hazardous substance, consider the hazardous 
substance to be present in each source at the site, except sources for 
which definitive information indicates that the hazardous substance was 
not or could not be present.
    For an area of observed contamination in the soil exposure pathway, 
consider only those hazardous substances that meet the criteria for 
observed contamination for that area (see section 5.0.1) to be 
associated with that area when evaluating the pathway.
    2.2.3 Identify hazardous substances available to a pathway. In 
evaluating each migration pathway, consider the following hazardous 
substances available to migrate from the sources at the site to the 
pathway:
     Ground water migration.

-Hazardous substances that meet the criteria for an observed release 
(see section 2.3) to ground water.

-All hazardous substances associated with a source with a ground water 
containment factor value greater than 0 (see section 3.1.2.1).
     Surface water migration--overland/flood 
component.

-Hazardous substances that meet the criteria for an observed release to 
surface water in the watershed being evaluated.
-All hazardous substances associated with a source with a surface water 
containment factor value greater than 0 for the watershed (see sections 
4.1.2.1.2.1.1 and 4.1.2.1.2.2.1).
     Surface water migration--ground water to surface 
water component.

-Hazardous substances that meet the criteria for an observed release to 
ground water.

-All hazardous substances associated with a source with a ground water 
containment factor value greater than 0 (see sections 4.2.2.1.2 and 
3.1.2.1).
     Air migration.

-Hazardous substances that meet the criteria for an observed release to 
the atmosphere.
-All gaseous hazardous substances associated with a source with a gas 
containment factor value greater than 0 (see section 6.1.2.1.1).
-All particulate hazardous substances associated with a source with a 
particulate containment factor value greater than 0 (see section 
6.1.2.2.1).
     For each migration pathway, in those instances 
when the specific source(s) containing the hazardous substance cannot be 
documented, consider that hazardous substance to be available to migrate 
to the pathway when it can be associated (see section 2.2.2) with at 
least one source having a containment factor value greater than 0 for 
that pathway.

    In evaluating the soil exposure pathway, consider the following 
hazardous substances available to the pathway:

     Soil exposure--resident population threat.

-All hazardous substances that meet the criteria for observed 
contamination at the site (see section 5.0.1).
     Soil exposure--nearby population threat.

-All hazardous substances that meet the criteria for observed 
contamination at areas with an attractiveness/accessibility factor value 
greater than 0 (see section 5.2.1.1).
    2.3 Likelihood of release. Likelihood of release is a measure of the 
likelihood that a waste has been or will be released to the environment. 
The likelihood of release factor category is assigned the maximum value 
of 550 for a migration pathway whenever the

[[Page 117]]

criteria for an observed release are met for that pathway. If the 
criteria for an observed release are met, do not evaluate potential to 
release for that pathway. When the criteria for an observed release are 
not met, evaluate potential to release for that pathway, with a maximum 
value of 500. The evaluation of potential to release varies by migration 
pathway (see sections 3, 4 and 6).
    Establish an observed release either by direct observation of the 
release of a hazardous substance into the media being evaluated (for 
example, surface water) or by chemical analysis of samples appropriate 
to the pathway being evaluated (see sections 3, 4, and 6). The minimum 
standard to establish an observed release by chemical analysis is 
analytical evidence of a hazardous substance in the media significantly 
above the background level. Further, some portion of the release must be 
attributable to the site. Use the criteria in table 2-3 as the standard 
for determining analytical significance. (The criteria in table 2-3 are 
also used in establishing observed contamination for the soil exposure 
pathway, see section 5.0.1.) Separate criteria apply to radionuclides 
(see section 7.1.1).

       Table 2-3--Observed Release Criteria for Chemical Analysis
 
 
-------------------------------------------------------------------------
Sample Measurement < Sample Quantitation Limit \a\
No observed release is established.
Sample Measurement = Sample Quantitation Limit \a\
An observed release is established as follows:
   If the background concentration is not detected (or
   is less than the detection limit), an observed release is established
   when the sample measurement equals or exceeds the sample quantitation
   limit. \a\
   If the background concentration equals or exceeds
   the detection limit, an observed release is established when the
   sample measurement is 3 times or more above the background
   concentration.
------------------------------------------------------------------------
\a\ If the sample quantitation limit (SQL) cannot be established,
  determine if there is an observed release as follows:
 --If the sample analysis was performed under the EPA Contract
  Laboratory Program, use the EPA contract-required quantitation limit
  (CRQL) in place of the SQL.
 --If the sample analysis is not performed under the EPA Contract
  Laboratory Program, use the detection limit (DL) in place of the SQL.

    2.4 Waste characteristics. The waste characteristics factor category 
includes the following factors: hazardous waste quantity, toxicity, and 
as appropriate to the pathway or threat being evaluated, mobility, 
persistence, and/or bioaccumulation (or ecosystem bioaccumulation) 
potential.
    2.4.1 Selection of substance potentially posing greatest hazard. For 
all pathways (and threats), select the hazardous substance potentially 
posing the greatest hazard for the pathway (or threat) and use that 
substance in evaluating the waste characteristics category of the 
pathway (or threat). For the three migration pathways (and threats), 
base the selection of this hazardous substance on the toxicity factor 
value for the substance, combined with its mobility, persistence, and/or 
bioaccumulation (or ecosystem bioaccumulation) potential factor values, 
as applicable to the migration pathway (or threat). For the soil 
exposure pathway, base the selection on the toxicity factor alone.
    Evaluation of the toxicity factor is specified in section 2.4.1.1. 
Use and evaluation of the mobility, persistence, and/or bioaccumulation 
(or ecosystem bioaccumulation) potential factors vary by pathway (or 
threat) and are specified under the appropriate pathway (or threat) 
section. Section 2.4.1.2 identifies the specific factors that are 
combined with toxicity in evaluating each pathway (or threat).
    2.4.1.1 Toxicity factor. Evaluate toxicity for those hazardous 
substances at the site that are available to the pathway being scored. 
For all pathways and threats, except the surface water environmental 
threat, evaluate human toxicity as specified below. For the surface 
water environmental threat, evaluate ecosystem toxicity as specified in 
section 4.1.4.2.1.1.
    Establish human toxicity factor values based on quantitative dose-
response parameters for the following three types of toxicity:
     Cancer- -Use slope factors (also referred to as 
cancer potency factors) combined with weight-of-evidence ratings for 
carcinogenicity. If a slope factor is not available for a substance, use 
its ED10 value to estimate a slope factor as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.142

     Noncancer toxicological responses of chronic 
exposure- -use reference dose (RfD) values.
     Noncancer toxicological responses of acute 
exposure- -use acute toxicity parameters, such as the LD50.
    Assign human toxicity factor values to a hazardous substance using 
table 2-4, as follows:
     If RfD and slope factor values are both available 
for the hazardous substance, assign the substance a value from table 2-4 
for each. Select the higher of the two values assigned and use it as the 
overall toxicity factor value for the hazardous substance.
     If either an RfD or slope factor value is 
available, but not both, assign the hazardous substance an overall 
toxicity factor value from table 2-4 based solely on the available value 
(RfD or slope factor).
     If neither an RfD nor slope factor value is 
available, assign the hazardous substance an overall toxicity factor 
value from table 2-4 based solely on acute toxicity. That is, consider 
acute toxicity in table 2-4 only when both RfD and slope factor values 
are not available.

[[Page 118]]

     If neither an RfD, nor slope factor, nor acute 
toxicity value is available, assign the hazardous substance an overall 
toxicity factor value of 0 and use other hazardous substances for which 
information is available in evaluating the pathway.

                  Table 2-4--Toxicity Factor Evaluation
                        Chronic Toxicity (Human)
------------------------------------------------------------------------
                                                                Assigned
               Reference dose (RfD) (mg/kg-day)                  value
------------------------------------------------------------------------
RfD < 0.0005.................................................     10,000
0.0005 <= RfD < 0.005........................................      1,000
0.005 <= RfD < 0.05..........................................        100
0.05 <= RfD < 0.5............................................         10
0.5 <= RfD...................................................          1
RfD not available............................................          0
------------------------------------------------------------------------


                                             Carcinogenicity (Human)
----------------------------------------------------------------------------------------------------------------
                          Weight-of-evidence \a\/slope factor (mg/kg-day)-1
------------------------------------------------------------------------------------------------------  Assigned
                    A                                    B                             C                 value
----------------------------------------------------------------------------------------------------------------
0.5 <= SF \b\                              5 <= SF                       50 <= SF                         10,000
----------------------------------------------------------------------------------------------------------------
 
0.05 <= SF < 0.5                           0.5 <= SF < 5                 5 <= SF < 50                      1,000
----------------------------------------------------------------------------------------------------------------
 
SF < 0.05                                  0.05 <= SF < 0.5              0.5 <= SF < 5                       100
----------------------------------------------------------------------------------------------------------------
 
                 -- -- --                  SF < 0.05                     SF < 0.5                             10
----------------------------------------------------------------------------------------------------------------
 
Slope factor not available...............  Slope factor not available..  Slope factor not available..          0
----------------------------------------------------------------------------------------------------------------
\a\ A, B, and C refer to weight-of-evidence categories. Assign substances with a weight-of-evidence category of
  D (inadequate evidence of carcinogenicity) or E (evidence of lack of carcinogenicity) a value of 0 for
  carcinogenicity.
\b\ SF = Slope factor.


                                Table 2-4--Toxicity Factor Evaluation--Concluded
                                             Acute Toxicity (Human)
----------------------------------------------------------------------------------------------------------------
                                                             Dust or mist LC50     Gas or vapor LC50    Assigned
         Oral LD50 (mg/kg)           Dermal LD50 (mg/kg)          (mg/l)                 (ppm)           value
----------------------------------------------------------------------------------------------------------------
             -- -- --                      -- -- --              -- -- --              -- -- --         -- -- --
LD 50 < 5.........................  LD50 < 2.............  LC50 < 0.2..........  LC50 < 20...........      1,000
5 <= LD50 < 50....................  2 <= LD50 < 20.......  0.2 <= LC50 < 2.....  20 <= LC50 < 200....        100
50 <= LD50 < 500..................  20 <= LD50 < 200.....  2 <= LC50 < 20......  200 <= LC50 < 2,000.         10
500 <= LD50.......................  200 <= LD50..........  20 <= LC50..........  2,000 <= LC50.......          1
LD50 not available................  LD50 not available...  LC50 not available..  LC50 not available..          0
----------------------------------------------------------------------------------------------------------------

    If a toxicity factor value of 0 is assigned to all hazardous 
substances available to a particular pathway (that is, insufficient 
toxicity data are available for evaluating all the substances), use a 
default value of 100 as the overall human toxicity factor value for all 
hazardous substances available to the pathway. For hazardous substances 
having usable toxicity data for multiple exposure routes (for example, 
inhalation and ingestion), consider all exposure routes and use the 
highest assigned value, regardless of exposure route, as the toxicity 
factor value.
    For HRS purposes, assign both asbestos and lead (and its compounds) 
a human toxicity factor value of 10,000.
    Separate criteria apply for assigning factor values for human 
toxicity and ecosystem toxicity for radionuclides (see sections 7.2.1 
and 7.2.2).
    2.4.1.2 Hazardous substance selection. For each hazardous substance 
evaluated for a migration pathway (or threat), combine the human 
toxicity factor value (or ecosystem toxicity factor value) for the 
hazardous substance with a mobility, persistence, and/or bioaccumulation 
(or ecosystem bioaccumulation) potential factor value as follows:
     Ground water migration.

-Determine a combined human toxicity/mobility factor value for the 
hazardous substance (see section 3.2.1).
     Surface water migration-overland/flood migration 
component.

-Determine a combined human toxicity/persistence factor value for the 
hazardous substance for the drinking water threat (see section 
4.1.2.2.1).
-Determine a combined human toxicity/persistence/bioaccumulation factor 
value for the hazardous substance for the human food chain threat (see 
section 4.1.3.2.1).
-Determine a combined ecosystem toxicity/persistence/bioaccumulation 
factor value for the hazardous substance for the environmental threat 
(see section 4.1.4.2.1).
     Surface water migration-ground water to surface 
water migration component.

-Determine a combined human toxicity/mobility/persistence factor value 
for the hazardous substance for the drinking water threat (see section 
4.2.2.2.1).
-Determine a combined human toxicity/mobility/persistence/
bioaccumulation factor value for the hazardous substance for the human 
food chain threat (see section 4.2.3.2.1).
-Determine a combined ecosystem toxicity/mobility/persistence/
bioaccumulation factor value for the hazardous substance

[[Page 119]]

for the environmental threat (see section 4.2.4.2.1).
     Air migration.

-Determine a combined human toxicity/mobility factor value for the 
hazardous substance (see section 6.2.1).
    Determine each combined factor value for a hazardous substance by 
multiplying the individual factor values appropriate to the pathway (or 
threat). For each migration pathway (or threat) being evaluated, select 
the hazardous substance with the highest combined factor value and use 
that substance in evaluating the waste characteristics factor category 
of the pathway (or threat).
    For the soil exposure pathway, select the hazardous substance with 
the highest human toxicity factor value from among the substances that 
meet the criteria for observed contamination for the threat evaluated 
and use that substance in evaluating the waste characteristics factor 
category.
    2.4.2 Hazardous waste quantity. Evaluate the hazardous waste 
quantity factor by first assigning each source (or area of observed 
contamination) a source hazardous waste quantity value as specified 
below. Sum these values to obtain the hazardous waste quantity factor 
value for the pathway being evaluated.
    In evaluating the hazardous waste quantity factor for the three 
migration pathways, allocate hazardous substances and hazardous 
wastestreams to specific sources in the manner specified in section 
2.2.2, except: consider hazardous substances and hazardous wastestreams 
that cannot be allocated to any specific source to constitute a separate 
``unallocated source'' for purposes of evaluating only this factor for 
the three migration pathways. Do not, however, include a hazardous 
substance or hazardous wastestream in the unallocated source for a 
migration pathway if there is definitive information indicating that the 
substance or wastestream could only have been placed in sources with a 
containment factor value of 0 for that migration pathway.
    In evaluating the hazardous waste quantity factor for the soil 
exposure pathway, allocate to each area of observed contamination only 
those hazardous substances that meet the criteria for observed 
contamination for that area of observed contamination and only those 
hazardous wastestreams that contain hazardous substances that meet the 
criteria for observed contamination for that area of observed 
contamination. Do not consider other hazardous substances or hazardous 
wastestreams at the site in evaluating this factor for the soil exposure 
pathway.
    2.4.2.1 Source hazardous waste quantity. For each of the three 
migration pathways, assign a source hazardous waste quantity value to 
each source (including the unallocated source) having a containment 
factor value greater than 0 for the pathway being evaluated. Consider 
the unallocated source to have a containment factor value greater than 0 
for each migration pathway.
    For the soil exposure pathway, assign a source hazardous waste 
quantity value to each area of observed contamination, as applicable to 
the threat being evaluated.
    For all pathways, evaluate source hazardous waste quantity using the 
following four measures in the following hierarchy:
     Hazardous constituent quantity.
     Hazardous wastestream quantity.
     Volume.
     Area.

    For the unallocated source, use only the first two measures.
    Separate criteria apply for assigning a source hazardous waste 
quantity value for radionuclides (see section 7.2.5).
    2.4.2.1.1 Hazardous constituent quantity. Evaluate hazardous 
constituent quantity for the source (or area of observed contamination) 
based solely on the mass of CERCLA hazardous substances (as defined in 
CERCLA section 101(14), as amended) allocated to the source (or area of 
observed contamination), except:
     For a hazardous waste listed pursuant to section 
3001 of the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq., 
determine its mass for the evaluation of this measure as follows:

-If the hazardous waste is listed solely for Hazard Code T (toxic 
waste), include only the mass of constituents in the hazardous waste 
that are CERCLA hazardous substances and not the mass of the entire 
hazardous waste.
-If the hazardous waste is listed for any other Hazard Code (including T 
plus any other Hazard Code), include the mass of the entire hazardous 
waste.

     For a RCRA hazardous waste that exhibits the 
characteristics identified under section 3001 of RCRA, as amended, 
determine its mass for the evaluation of this measure as follows:

-If the hazardous waste exhibits only the characteristic of toxicity (or 
only the characteristic of EP toxicity), include only the mass of 
constituents in the hazardous waste that are CERCLA hazardous substances 
and not the mass of the entire hazardous waste.
-If the hazardous waste exhibits any other characteristic identified 
under section 3001 (including any other characteristic plus the 
characteristic of toxicity [or the characteristic of EP toxicity]), 
include the mass of the entire hazardous waste.
    Based on this mass, designated as C, assign a value for hazardous 
constituent quantity as follows:

[[Page 120]]

     For the migration pathways, assign the source a 
value for hazardous constituent quantity using the Tier A equation of 
table 2-5.
     For the soil exposure pathway, assign the area of 
observed contamination a value using the Tier A equation of table 5-2 
(section 5.1.2.2).

    If the hazardous constituent quantity for the source (or area of 
observed contamination) is adequately determined (that is, the total 
mass of all CERCLA hazardous substances in the source and releases from 
the source [or in the area of observed contamination] is known or is 
estimated with reasonable confidence), do not evaluate the other three 
measures discussed below. Instead assign these other three measures a 
value of 0 for the source (or area of observed contamination) and 
proceed to section 2.4.2.1.5.
    If the hazardous constituent quantity is not adequately determined, 
assign the source (or area of observed contamination) a value for 
hazardous constituent quantity based on the available data and proceed 
to section 2.4.2.1.2.

        Table 2-5--Hazardous Waste Quantity Evaluation Equations
------------------------------------------------------------------------
                                                          Equation for
     Tier              Measure              Units        assigning value
                                                               \a\
------------------------------------------------------------------------
A              Hazardous constituent   lb.............  C
                quantity (C)
B \b\          Hazardous wastestream   lb.............  W/5,000
                quantity (W)
C \b\          Volume (V)
                Landfill.............  yd\3\..........  V/2,500
                Surface impoundment    yd\3\..........  V/2.5
                Surface impoundment    yd\3\..........  V/2.5
                (buried/backfilled)
                Drums \c\............  gallon.........  V/500
                Tanks and containers   yd\3\..........  V/2.5
                other than drums
                Contaminated soil....  yd\3\..........  V/2,500
                Pile.................  yd\3\..........  V/2.5
                Other................  yd\3\..........  V/2.5
D \b\          Area (A)..............
                Landfill.............  ft\2\..........  A/3,400
                Surface impoundment    ft\2\..........  A/13
                Surface impoundment    ft\2\..........  A/13
                (buried/backfilled)
                Land treatment.......  ft\2\..........  A/270
                Pile \d\.............  ft\2\..........  A/13
                Contaminated soil....  ft\2\..........  A/34,000
------------------------------------------------------------------------
\a\ Do not round to nearest integer.
\b\ Convert volume to mass when necessary: 1 ton=2,000 pounds=1 cubic
  yard=4 drums=200 gallons.
\c\ If actual volume of drums is unavailable, assume 1 drum=50 gallons.
\d\ Use land surface area under pile, not surface area of pile.

    2.4.2.1.2 Hazardous wastestream quantity. Evaluate hazardous 
wastestream quantity for the source (or area of observed contamination) 
based on the mass of hazardous wastestreams plus the mass of any 
additional CERCLA pollutants and contaminants (as defined in CERCLA 
section 101[33], as amended) that are allocated to the source (or area 
of observed contamination). For a wastestream that consists solely of a 
hazardous waste listed pursuant to section 3001 of RCRA, as amended or 
that consists solely of a RCRA hazardous waste that exhibits the 
characteristics identified under section 3001 of RCRA, as amended, 
include the mass of that entire hazardous waste in the evaluation of 
this measure.
    Based on this mass, designated as W, assign a value for hazardous 
wastestream quantity as follows:
     For the migration pathways, assign the source a 
value for hazardous wastestream quantity using the Tier B equation of 
table 2-5.
     For the soil exposure pathway, assign the area of 
observed contamination a value using the Tier B equation of table 5-2 
(section 5.1.2.2).
    Do not evaluate the volume and area measures described below if the 
source is the unallocated source or if the following condition applies:
     The hazardous wastestream quantity for the source 
(or area of observed contamination) is adequately determined--that is, 
total mass of all hazardous wastestreams and CERCLA pollutants and 
contaminants for the source and releases from the source (or for the 
area of observed contamination) is known or is estimated with reasonable 
confidence.

    If the source is the unallocated source or if this condition 
applies, assign the volume and area measures a value of 0 for the source 
(or area of observed contamination) and proceed to section 2.4.2.1.5. 
Otherwise, assign the source (or area of observed contamination) a value 
for hazardous wastestream quantity based on the available data and 
proceed to section 2.4.2.1.3.
    2.4.2.1.3 Volume. Evaluate the volume measure using the volume of 
the source (or the volume of the area of observed contamination). For 
the soil exposure pathway, restrict the use of the volume measure to 
those areas of observed contamination specified in section 5.1.2.2.
    Based on the volume, designated as V, assign a value to the volume 
measure as follows:
     For the migration pathways, assign the source a 
value for volume using the appropriate Tier C equation of table 2-5.
     For the soil exposure pathway, assign the area of 
observed contamination a value for volume using the appropriate Tier C 
equation of table 5-2 (section 5.1.2.2).


[[Page 121]]


    If the volume of the source (or volume of the area of observed 
contamination, if applicable) can be determined, do not evaluate the 
area measure. Instead, assign the area measure a value of 0 and proceed 
to section 2.4.2.1.5. If the volume cannot be determined (or is not 
applicable for the soil exposure pathway), assign the source (or area of 
observed contamination) a value of 0 for the volume measure and proceed 
to section 2.4.2.1.4.
    2.4.2.1.4 Area. Evaluate the area measure using the area of the 
source (or the area of the area of observed contamination). Based on 
this area, designated as A, assign a value to the area measure as 
follows:
     For the migration pathways, assign the source a 
value for area using the appropriate Tier D equation of table 2-5.
     For the soil exposure pathway, assign the area of 
observed contamination a value for area using the appropriate Tier D 
equation of table 5-2 (section 5.1.2.2).
    2.4.2.1.5 Calculation of source hazardous waste quantity value. 
Select the highest of the values assigned to the source (or area of 
observed contamination) for the hazardous constituent quantity, 
hazardous wastestream quantity, volume, and area measures. Assign this 
value as the source hazardous waste quantity value. Do not round to the 
nearest integer.
    2.4.2.2 Calculation of hazardous waste quantity factor value. Sum 
the source hazardous waste quantity values assigned to all sources 
(including the unallocated source) or areas of observed contamination 
for the pathway being evaluated and round this sum to the nearest 
integer, except: if the sum is greater than 0, but less than 1, round it 
to 1. Based on this value, select a hazardous waste quantity factor 
value for the pathway from table 2-6.

            Table 2-6--Hazardous Waste Quantity Factor Values
------------------------------------------------------------------------
                                                               Assigned
               Hazardous waste quantity value                    value
------------------------------------------------------------------------
0...........................................................           0
1 \a\ to 100................................................       1 \b\
Greater than 100 to 10,000..................................         100
Greater than 10,000 to 1,000,000............................      10,000
Greater than 1,000,000......................................   1,000,000
------------------------------------------------------------------------
\a\ If the hazardous waste quantity value is greater than 0, but less
  than 1, round it to 1 as specified in text.
\b\ For the pathway, if hazardous constituent quantity is not adequately
  determined, assign a value as specified in the text; do not assign the
  value of 1.

    For a migration pathway, if the hazardous constituent quantity is 
adequately determined (see section 2.4.2.1.1) for all sources (or all 
portions of sources and releases remaining after a removal action), 
assign the value from table 2-6 as the hazardous waste quantity factor 
value for the pathway. If the hazardous constituent quantity is not 
adequately determined for one or more sources (or one or more portions 
of sources or releases remaining after a removal action) assign a factor 
value as follows:
     If any target for that migration pathway is 
subject to Level I or Level II concentrations (see section 2.5), assign 
either the value from table 2-6 or a value of 100, whichever is greater, 
as the hazardous waste quantity factor value for that pathway.
     If none of the targets for that pathway is 
subject to Level I or Level II concentrations, assign a factor value as 
follows:

-If there has been no removal action, assign either the value from table 
2-6 or a value of 10, whichever is greater, as the hazardous waste 
quantity factor value for that pathway.

-If there has been a removal action:
     -Determine values from table 2-6 with and without consideration of 
the removal action.
     -If the value that would be assigned from table 2-6 without 
consideration of the removal action would be 100 or greater, assign 
either the value from table 2-6 with consideration of the removal action 
or a value of 100, whichever is greater, as the hazardous waste quantity 
factor value for the pathway.
     -If the value that would be assigned from table 2-6 without 
consideration of the removal action would be less than 100, assign a 
value of 10 as the hazardous waste quantity factor value for the 
pathway.
    For the soil exposure pathway, if the hazardous constituent quantity 
is adequately determined for all areas of observed contamination, assign 
the value from table 2-6 as the hazardous waste quantity factor value. 
If the hazardous constituent quantity is not adequately determined for 
one or more areas of observed contamination, assign either the value 
from table 2-6 or a value of 10, whichever is greater, as the hazardous 
waste quantity factor value.
    2.4.3 Waste characteristics factor category value. Determine the 
waste characteristics factor category value as specified in section 
2.4.3.1 for all pathways and threats, except the surface water-human 
food chain threat and the surface water-environmental threat. Determine 
the waste characteristics factor category value for these latter two 
threats as specified in section 2.4.3.2.
    2.4.3.1 Factor category value. For the pathway (or threat) being 
evaluated, multiply the toxicity or combined factor value, as 
appropriate, from section 2.4.1.2 and the hazardous waste quantity 
factor value from section 2.4.2.2, subject to a maximum product of 
1x10\8\. Based on this waste characteristics product, assign a waste 
characteristics factor category value to the pathway (or threat) from 
table 2-7.

[[Page 122]]



         Table 2-7--Waste Characteristics Factor Category Values
------------------------------------------------------------------------
                                                                Assigned
                Waste characteristics product                    value
------------------------------------------------------------------------
0............................................................          0
Greater than 0 to less than 10...............................          1
10 to less than 1x10\2\......................................          2
1x10\2\ to less than 1x10\3\.................................          3
1x10\3\ to less than 1x10\4\.................................          6
1x10\4\ to less than 1x10\5\.................................         10
1x10\5\ to less than 1x10\6\.................................         18
1x10\6\ to less than 1x10\7\.................................         32
1x10\7\ to less than 1x10\8\.................................         56
1x10\8\ to less than 1x10\9\.................................        100
1x10\9\ to less than 1x10\10\................................        180
1x10\10\ to less than 1x10\11\...............................        320
1x10\11\ to less than 1x10\12\...............................        560
1x10\12\.....................................................      1,000
------------------------------------------------------------------------

    2.4.3.2 Factor category value, considering bioaccumulation 
potential. For the surface water-human food chain threat and the surface 
water-environmental threat, multiply the toxicity or combined factor 
value, as appropriate, from section 2.4.1.2 and the hazardous waste 
quantity factor value from section 2.4.2.2, subject to:
     A maximum product of 1x10\12\, and
     A maximum product exclusive of the 
bioaccumulation (or ecosystem bioaccumulation) potential factor of 
1x10\8\.
    Based on the total waste characteristics product, assign a waste 
characteristics factor category value to these threats from table 2-7.
    2.5 Targets.
    The types of targets evaluated include the following:
     Individual (factor name varies by pathway and 
threat).
     Human population.
     Resources (these vary by pathway and threat).
     Sensitive environments (included for all pathways 
except ground water migration).
    The factor values that may be assigned to each type of target have 
the same range for each pathway for which that type of target is 
evaluated. The factor value for most types of targets depends on whether 
the target is subject to actual or potential contamination for the 
pathway and whether the actual contamination is Level I or Level II:
     Actual contamination: Target is associated either 
with a sampling location that meets the criteria for an observed release 
(or observed contamination) for the pathway or with an observed release 
based on direct observation for the pathway (additional criteria apply 
for establishing actual contamination for the human food chain threat in 
the surface water migration pathway, see sections 4.1.3.3 and 4.2.3.3). 
sections 3 through 6 specify how to determine the targets associated 
with a sampling location or with an observed release based on direct 
observation. Determine whether the actual contamination is Level I or 
Level II as follows:
-Level I:
     -Media-specific concentrations for the target meet the criteria for 
an observed release (or observed contamination) for the pathway and are 
at or above media-specific benchmark values. These benchmark values (see 
section 2.5.2) include both screening concentrations and concentrations 
specified in regulatory limits (such as Maximum Contaminant Level (MCL) 
values), or
     -For the human food chain threat in the surface water migration 
pathway, concentrations in tissue samples from aquatic human food chain 
organisms are at or above benchmark values. Such tissue samples may be 
used in addition to media-specific concentrations only as specified in 
sections 4.1.3.3 and 4.2.3.3.
-Level II:
     -Media-specific concentrations for the target meet the criteria for 
an observed release (or observed contamination) for the pathway, but are 
less than media-specific benchmarks. If none of the hazardous substances 
eligible to be evaluated for the sampling location has an applicable 
benchmark, assign Level II to the actual contamination at the sampling 
location, or
     -For observed releases based on direct observation, assign Level II 
to targets as specified in sections 3, 4, and 6, or
     -For the human food chain threat in the surface water migration 
pathway, concentrations in tissue samples from aquatic human food chain 
organisms, when applicable, are below benchmark values.
-If a target is subject to both Level I and Level II concentrations for 
a pathway (or threat), evaluate the target using Level I concentrations 
for that pathway (or threat).
     Potential contamination: Target is subject to a 
potential release (that is, target is not associated with actual 
contamination for that pathway or threat).
    Assign a factor value for individual risk as follows (select the 
highest value that applies to the pathway or threat):
     50 points if any individual is exposed to Level I 
concentrations.
     45 points if any individual is exposed to Level 
II concentrations.
     Maximum of 20 points if any individual is subject 
to potential contamination. The value assigned is 20 multiplied by the 
distance or dilution weight appropriate to the pathway.
    Assign factor values for population and sensitive environments as 
follows:

[[Page 123]]

     Sum Level I targets and multiply by 10. (Level I 
is not used for sensitive environments in the soil exposure and air 
migration pathways.)
     Sum Level II targets.
     Multiply potential targets by distance or 
dilution weights appropriate to the pathway, sum, and divide by 10. 
Distance or dilution weighting accounts for diminishing exposure with 
increasing distance or dilution within the different pathways.
     Sum the values for the three levels.
    In addition, resource value points are assigned within all pathways 
for welfare-related impacts (for example, impacts to agricultural land), 
but do not depend on whether there is actual or potential contamination.
    2.5.1 Determination of level of actual contamination at a sampling 
location. Determine whether Level I concentrations or Level II 
concentrations apply at a sampling location (and thus to the associated 
targets) as follows:
     Select the benchmarks applicable to the pathway 
(or threat) being evaluated.
     Compare the concentrations of hazardous 
substances in the sample (or comparable samples) to their benchmark 
concentrations for the pathway (or threat), as specified in section 
2.5.2.
     Determine which level applies based on this 
comparison.
     If none of the hazardous substances eligible to 
be evaluated for the sampling location has an applicable benchmark, 
assign Level II to the actual contamination at that sampling location 
for the pathway (or threat).

    In making the comparison, consider only those samples, and only 
those hazardous substances in the sample, that meet the criteria for an 
observed release (or observed contamination) for the pathway, except: 
tissue samples from aquatic human food chain organisms may also be used 
as specified in sections 4.1.3.3 and 4.2.3.3 of the surface water-human 
food chain threat. If any hazardous substance is present in more than 
one comparable sample for the sampling location, use the highest 
concentration of that hazardous substance from any of the comparable 
samples in making the comparisons.
    Treat sets of samples that are not comparable separately and make a 
separate comparison for each such set.
    2.5.2 Comparison to benchmarks. Use the following media-specific 
benchmarks for making the comparisons for the indicated pathway (or 
threat):
     Maximum Contaminant Level Goals (MCLGs)--ground 
water migration pathway and drinking water threat in surface water 
migration pathway. Use only MCLG values greater than 0.
     Maximum Contaminant Levels (MCLs)--ground water 
migration pathway and drinking water threat in surface water migration 
pathway.
     Food and Drug Administration Action Level (FDAAL) 
for fish or shellfish--human food chain threat in surface water 
migration pathway.
     EPA Ambient Water Quality Criteria (AWQC) for 
protection of aquatic life--environmental threat in surface water 
migration pathway.
     EPA Ambient Aquatic Life Advisory Concentrations 
(AALAC)--environmental threat in surface water migration pathway.
     National Ambient Air Quality Standards (NAAQS)--
air migration pathway.
     National Emission Standards for Hazardous Air 
Pollutants (NESHAPs)--air migration pathway. Use only those NESHAPs 
promulgated in ambient concentration units.
     Screening concentration for cancer corresponding 
to that concentration that corresponds to the 10-6 individual 
cancer risk for inhalation exposures (air migration pathway) or for oral 
exposures (ground water migration pathway; drinking water and human food 
chain threats in surface water migration pathway; and soil exposure 
pathway).
     Screening concentration for noncancer 
toxicological responses corresponding to the RfD for inhalation 
exposures (air migration pathway) or for oral exposures (ground water 
migration pathway; drinking water and human food chain threats in 
surface water migration pathway; and soil exposure pathway).

    Select the benchmark(s) applicable to the pathway (or threat) being 
evaluated as specified in sections 3 through 6. Compare the 
concentration of each hazardous substance from the sampling location to 
its benchmark concentration(s) for that pathway (or threat). Use only 
those samples and only those hazardous substances in the sample that 
meet the criteria for an observed release (or observed contamination) 
for the pathway, except: tissue samples from aquatic human food chain 
organisms may be used as specified in sections 4.1.3.3 and 4.2.3.3. If 
the concentration of any applicable hazardous substance from any sample 
equals or exceeds its benchmark concentration, consider the sampling 
location to be subject to Level I concentrations for that pathway (or 
threat). If more than one benchmark applies to the hazardous substance, 
assign Level I if the concentration of the hazardous substance equals or 
exceeds the lowest applicable benchmark concentration.
    If no hazardous substance individually equals or exceeds its 
benchmark concentration, but more than one hazardous substance either 
meets the criteria for an observed release (or observed contamination) 
for the sample (or comparable samples) or is eligible to be evaluated 
for a tissue sample (see sections 4.1.3.3 and 4.2.3.3), calculate the 
indices I and J specified below based on these hazardous substances.

[[Page 124]]

    For those hazardous substances that are carcinogens (that is, those 
having a carcinogen weight-of-evidence classification of A, B, or C), 
calculate an index I for the sample location as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.143

where:

Ci=Concentration of hazardous substance i in sample (or 
highest concentration of hazardous substance i from among comparable 
samples).
SCi=Screening concentration for cancer corresponding to that 
concentration that corresponds to its 10-6 individual cancer 
risk for applicable exposure (inhalation or oral) for hazardous 
substance i.
n=Number of applicable hazardous substances in sample (or comparable 
samples) that are carcinogens and for which an SCi is 
available.
    For those hazardous substances for which an RfD is available, 
calculate an index J for the sample location as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.144

where:
Cj=Concentration of hazardous substance j in sample (or 
highest concentration of hazardous substance j from among comparable 
samples).
CRj=Screening concentration for noncancer toxicological 
responses corresponding to RfD for applicable exposure (inhalation or 
oral) for hazardous substance j.
m=Number of applicable hazardous substances in sample (or comparable 
samples) for which a CRj is available.

    If either I or J equals or exceeds 1, consider the sampling location 
to be subject to Level I concentrations for that pathway (or threat). If 
both I and J are less than 1, consider the sampling location to be 
subject to Level II concentrations for that pathway (or threat). If, for 
the sampling location, there are sets of samples that are not 
comparable, calculate I and J separately for each such set, and use the 
highest calculated values of I and J to assign Level I and Level II.
    See sections 7.3.1 and 7.3.2 for criteria for determining the level 
of contamination for radioactive substances.

                   3.0 Ground Water Migration Pathway

    Evaluate the ground water migration pathway based on three factor 
categories: likelihood of release, waste characteristics, and targets. 
Figure 3-1 indicates the factors included within each factor category.
    Determine the ground water migration pathway score (Sgw) 
in terms of the factor category values as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.145

where:

LR=Likelihood of release factor category value.
WC=Waste characteristics factor category value.
T=Targets factor category value.
SF=Scaling factor.
    Table 3-1 outlines the specific calculation procedure.
    Calculate a separate ground water migration pathway score for each 
aquifer, using the factor category values for that aquifer for 
likelihood of release, waste characteristics, and targets. In doing so, 
include both the targets using water from that aquifer and the targets 
using water from all overlying aquifers through which the hazardous 
substances would migrate to reach the aquifer being evaluated. Assign 
the highest ground water migration pathway score that results for any 
aquifer as the ground water migration pathway score for the site.

[[Page 125]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.005


[[Page 126]]



          Table 3-1--Ground Water Migration Pathway Scoresheet
------------------------------------------------------------------------
      Factor categories and factors        Maximum value  Value assigned
------------------------------------------------------------------------
Likelihood of Release to an Aquifer:
   1. Observed Release..................             550          ------
   2. Potential to Release:
        2a. Containment.................              10          ------
        2b. Net Precipitation...........              10          ------
        2c. Depth to Aquifer............               5          ------
        2d. Travel Time.................              35          ------
        2e. Potential to Release [lines              500          ------
         2a(2b+2c+2d)]..................
   3. Likelihood of Release (higher of               550          ------
   lines 1 and 2e)......................
Waste Characteristics:
   4. Toxicity/Mobility.................             (a)          ------
   5. Hazardous Waste Quantity..........             (a)          ------
   6. Waste Characteristics.............             100          ------
Targets:
   7. Nearest Well......................              50          ------
   8. Population:
        8a. Level I Concentrations......             (b)          ------
        8b. Level II Concentrations.....             (b)          ------
        8c. Potential Contamination.....             (b)          ------
        8d. Population (lines 8a+8b+8c).             (b)          ------
   9. Resources.........................               5          ------
  10. Wellhead Protection Area..........              20          ------
  11. Targets (lines 7+8d+9+10).........             (b)          ------
Ground Water Migration Score for an
 Aquifer:
  12. Aquifer Score [(lines 3 x 6 x 11)/             100          ------
   82,500] \c\..........................
Ground Water Migration Pathway Score:
  13. Pathway Score (Sgw), (highest                  100         ------
   value from line 12 for all aquifers
   evaluated) \c\.......................
------------------------------------------------------------------------
\a\ Maximum value applies to waste characteristics category.
\b\ Maximum value not applicable.
\c\ Do not round to nearest integer.

    3.0.1 General considerations
    3.0.1.1 Ground water target distance limit. The target distance 
limit defines the maximum distance from the sources at the site over 
which targets are evaluated. Use a target distance limit of 4 miles for 
the ground water migration pathway, except when aquifer discontinuities 
apply (see section 3.0.1.2.2). Furthermore, consider any well with an 
observed release from a source at the site (see section 3.1.1) to lie 
within the target distance limit of the site, regardless of the well's 
distance from the sources at the site.
    For sites that consist solely of a contaminated ground water plume 
with no identified source, begin measuring the 4-mile target distance 
limit at the center of the area of observed ground water contamination. 
Determine the area of observed ground water contamination based on 
available samples that meet the criteria for an observed release.
    3.0.1.2 Aquifer boundaries. Combine multiple aquifers into a single 
hydrologic unit for scoring purposes if aquifer interconnections can be 
established for these aquifers. In contrast, restrict aquifer boundaries 
if aquifer discontinuities can be established.
    3.0.1.2.1 Aquifer interconnections. Evaluate whether aquifer 
interconnections occur within 2 miles of the sources at the site. If 
they occur within this 2-mile distance, combine the aquifers having 
interconnections in scoring the site. In addition, if observed ground 
water contamination attributable to the sources at the site extends 
beyond 2 miles from the sources, use any locations within the limits of 
this observed ground water contamination in evaluating aquifer 
interconnections. If data are not adequate to establish aquifer 
interconnections, evaluate the aquifers as separate aquifers.
    3.0.1.2.2 Aquifer discontinuities. Evaluate whether aquifer 
discontinuities occur within the 4-mile target distance limit. An 
aquifer discontinuity occurs for scoring purposes only when a geologic, 
topographic, or other structure or feature entirely transects an aquifer 
within the 4-mile target distance limit, thereby creating a continuous 
boundary to ground water flow within this limit. If two or more aquifers 
can be combined into a single hydrologic unit for scoring purposes, an 
aquifer discontinuity occurs only when the structure or feature entirely 
transects the boundaries of this single hydrologic unit.
    When an aquifer discontinuity is established within the 4-mile 
target distance limit, exclude that portion of the aquifer beyond the 
discontinuity in evaluating the ground water migration pathway. However, 
if hazardous substances have migrated across an apparent discontinuity 
within the 4-mile target distance limit, do not consider this to be a 
discontinuity in scoring the site.
    3.0.1.3  Karst aquifer. Give a karst aquifer that underlies any 
portion of the sources at

[[Page 127]]

the site special consideration in the evaluation of two potential to 
release factors (depth to aquifer in section 3.1.2.3 and travel time in 
section 3.1.2.4), one waste characteristics factor (mobility in section 
3.2.1.2), and two targets factors (nearest well in section 3.3.1 and 
potential contamination in section 3.3.2.4).
    3.1 Likelihood of release. For an aquifer, evaluate the likelihood 
of release factor category in terms of an observed release factor or a 
potential to release factor.
    3.1.1 Observed release. Establish an observed release to an aquifer 
by demonstrating that the site has released a hazardous substance to the 
aquifer. Base this demonstration on either:
     Direct observation--a material that contains one 
or more hazardous substances has been deposited into or has been 
observed entering the aquifer.
     Chemical analysis--an analysis of ground water 
samples from the aquifer indicates that the concentration of hazardous 
substance(s) has increased significantly above the background 
concentration for the site (see section 2.3). Some portion of the 
significant increase must be attributable to the site to establish the 
observed release, except: when the source itself consists of a ground 
water plume with no identified source, no separate attribution is 
required.

    If an observed release can be established for the aquifer, assign 
the aquifer an observed release factor value of 550, enter this value in 
table 3-1, and proceed to section 3.1.3. If an observed release cannot 
be established for the aquifer, assign an observed release factor value 
of 0, enter this value in table 3-1, and proceed to section 3.1.2.
    3.1.2 Potential to release. Evaluate potential to release only if an 
observed release cannot be established for the aquifer. Evaluate 
potential to release based on four factors: containment, net 
precipitation, depth to aquifer, and travel time. For sources overlying 
karst terrain, give any karst aquifer that underlies any portion of the 
sources at the site special consideration in evaluating depth to aquifer 
and travel time, as specified in sections 3.1.2.3 and 3.1.2.4.
    3.1.2.1 Containment. Assign a containment factor value from table 3-
2 to each source at the site. Select the highest containment factor 
value assigned to those sources with a source hazardous waste quantity 
value of 0.5 or more (see section 2.4.2.1.5). (Do not include this 
minimum size requirement in evaluating any other factor of this 
pathway.) Assign this highest value as the containment factor value for 
the aquifer being evaluated. Enter this value in Table 3-1.
    If no source at the site meets the minimum size requirement, then 
select the highest value assigned to the sources at the site and assign 
it as the containment factor value for the aquifer being evaluated. 
Enter this value in table 3-1.
    3.1.2.2 Net precipitation. Assign a net precipitation factor value 
to the site. Figure 3-2 provides computed net precipitation factor 
values, based on site location. Where necessary, determine the net 
precipitation factor value as follows:
     Determine monthly precipitation and monthly 
evapotranspiration:
-Use local measured monthly averages.
-When local data are not available, use monthly averages from the 
nearest National Oceanographic and Atmospheric Administration weather 
station that is in a similar geographic setting.

 Table 3-2--Containment Factor Values for Ground Water Migration Pathway
------------------------------------------------------------------------
                  Source                           Assigned value
------------------------------------------------------------------------
 All Sources (Except Surface Impoundments,
  Land Treatment, Containers, and Tanks)
 
Evidence of hazardous substance migration   10
 from source area (i.e., source area
 includes source and any associated
 containment structures).
No liner..................................  10
No evidence of hazardous substance
 migration from source area, a liner, and:
  (a) None of the following present: (1)    10
   maintained engineered cover, or (2)
   functioning and maintained run-on
   control system and runoff management
   system, or (3) functioning leachate
   collection and removal system
   immediately above liner.
  (b) Any one of the three items in (a)     9
   present.
  (c) Any two of the items in (a) present.  7
  (d) All three items in (a) present plus   5
   a functioning ground water monitoring
   system.
  (e) All items in (d) present, plus no     3
   bulk or non-containerized liquids nor
   materials containing free liquids
   deposited in source area.
No evidence of hazardous substance
 migration from source area, double liner
 with functioning leachate collection and
 removal system above and between liners,
 functioning ground water monitoring
 system, and:
  (f) Only one of the following             3
   deficiencies present in containment:
   (1) bulk or noncontainerized liquids or
   materials containing free liquids
   deposited in source area, or (2) no or
   nonfunctioning or nonmaintained run-on
   control system and runoff management
   system, or (3) no or nonmaintained
   engineered cover.
  (g) None of the deficiencies in (f)       0
   present.
Source area inside or under maintained      0
 intact structure that provides protection
 from precipitation so that neither runoff
 nor leachate is generated, liquids or
 materials containing free liquids not
 deposited in source area, and functioning
 and maintained run-on control present.
 

[[Page 128]]

 
            Surface Impoundment
 
Evidence of hazardous substance migration   10
 from surface impoundment.
No liner..................................  10
Free liquids present with either no         10
 diking, unsound diking, or diking that is
 not regularly inspected and maintained.
No evidence of hazardous substance
 migration from surface impoundment, free
 liquids present, sound diking that is
 regularly inspected and maintained,
 adequate freeboard, and:
  (a) Liner...............................  9
  (b) Liner with functioning leachate       5
   collection and removal system below
   liner, and functioning ground water
   monitoring system.
  (c) Double liner with functioning         3
   leachate collection and removal system
   between liners, and functioning ground
   water monitoring system.
No evidence of hazardous substance          Evaluate using All sources
 migration from surface impoundment and      criteria (with no bulk or
 all free liquids eliminated at closure      free liquid deposited).
 (either by removal of liquids or
 solidification of remaining wastes and
 waste residues).
 
              Land Treatment
 
Evidence of hazardous substance migration   10
 from land treatment zone.
No functioning, maintained, run-on control  10
 and runoff management system.
No evidence of hazardous substance
 migration from land treatment zone and:
  (a) Functioning and maintained run-on     7
   control and runoff management system.
  (b) Functioning and maintained run-on     5
   control and runoff management system,
   and vegetative cover established over
   entire land treatment area.
  (c) Land treatment area maintained in     0
   compliance with 40 CFR 264.280.
                Containers
 
All containers buried.....................  Evaluate using All sources
                                             criteria.
Evidence of hazardous substance migration   10
 from container area (i.e., container area
 includes containers and any associated
 containment structures).
No liner (or no essentially impervious      10
 base) under container area..
No diking (or no similar structure)         10
 surrounding container area.
Diking surrounding container area unsound   10
 or not regularly inspected and maintained.
No evidence of hazardous substance
 migration from container area, container
 area surrounded by sound diking that is
 regularly inspected and maintained, and:
  (a) Liner (or essentially impervious      9
   base) under container area.
  (b) Essentially impervious base under     7
   container area with liquids collection
   and removal system.
  (c) Containment system includes           5
   essentially impervious base, liquids
   collection system, sufficient capacity
   to contain 10 percent of volume of all
   containers, and functioning and
   maintained run-on control; plus
   functioning ground water monitoring
   system, and spilled or leaked hazardous
   substances and accumulated
   precipitation removed in timely manner
   to prevent overflow of collection
   system, at least weekly inspection of
   containers, hazardous substances in
   leaking or deteriorating containers
   transferred to containers in good
   condition, and containers sealed except
   when waste is added or removed.
  (d) Free liquids present, containment     5
   system has sufficient capacity to hold
   total volume of all containers and to
   provide adequate freeboard, single
   liner under container area with
   functioning leachate collection and
   removal system below liner, and
   functioning ground water monitoring
   system.
  (e) Same as (d) except: double liner      3
   under container area with functioning
   leachate collection and removal system
   between liners.
Containers inside or under maintained       0
 intact structure that provides protection
 from precipitation so that neither runoff
 nor leachate would be generated from any
 unsealed or ruptured containers, liquids
 or materials containing free liquids not
 deposited in any container, and
 functioning and maintained run-off
 control present.
No evidence of hazardous substance          Evaluate using All sources
 migration from container area, containers   criteria (with no bulk or
 leaking, and all free liquids eliminated    free liquid deposited).
 at closure (either by removal of liquid
 or solidification of remaining wastes and
 waste residues).
 
                   Tank
 
Below-ground tank.........................  Evaluate using All sources
                                             criteria.
Evidence of hazardous substance migration   10
 from tank area (i.e., tank area includes
 tank, ancillary equipment such as piping,
 and any associated containment
 structures).
Tank and ancillary equipment not provided   10
 with secondary containment (e.g., liner
 under tank area, vault system, double
 wall).
No diking (or no similar structure)         10
 surrounding tank and ancillary equipment.
Diking surrounding tank and ancillary       10
 equipment unsound or not regularly
 inspected and maintained.

[[Page 129]]

 
No evidence of hazardous substance
 migration from tank area, tank and
 ancillary equipment surrounded by sound
 diking that is regularly inspected and
 maintained, and:
  (a) Tank and ancillary equipment          9
   provided with secondary containment.
  (b) Tank and ancillary equipment          7
   provided with secondary containment
   with leak detection and collection
   system.
  (c) Tank and ancillary equipment          5
   provided with secondary containment
   system that detects and collects
   spilled or leaked hazardous substances
   and accumulated precipitation and has
   sufficient capacity to contain 110
   percent of volume of largest tank
   within containment area, spilled or
   leaked hazardous substances and
   accumulated precipitation removed in
   timely manner, at least weekly
   inspection of tank and secondary
   containment system, all leaking or
   unfit-for-use tank systems promptly
   responded to, and functioning ground
   water monitoring system.
  (d) Containment system has sufficient     5
   capacity to hold volume of all tanks
   within tank containment area and to
   provide adequate freeboard, single
   liner under that containment area with
   functioning leachate collection and
   removal system below liner, and
   functioning ground water monitoring
   system.
  (e) Same as (d) except: double liner      3
   under tank containment area with
   functioning leachate collection and
   removal system between liners.
Tank is above ground, and inside or under   0
 maintained intact structure that provides
 protection from precipitation so that
 neither runoff nor leachate would be
 generated from any material released from
 tank, liquids or materials containing
 free liquids not deposited in any tank,
 and functioning and maintained run-on
 control present.
------------------------------------------------------------------------


[[Page 130]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.006


[[Page 131]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.007

-When measured monthly evapotranspiration is not available, calculate 
monthly potential evapotranspiration (Ei) as follows:
     Ei = 0.6 Fi (10 Ti/I) \a\
     where:

     Ei=Monthly potential evapotranspiration (inches) for 
month i.
     Fi=Monthly latitude adjusting value for month i.
     Ti=Mean monthly temperature ( [deg]C) for month i.

[[Page 132]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.146

     a=6.75x10-7 I\3\-7.71x10-5 I\2\+
     1.79x10-2 I+0.49239
    Select the latitude adjusting value for each month from table 3-3. 
For latitudes lower than 50[deg] North or 20[deg] South, determine the 
monthly latitude adjusting value by interpolation.
     Calculate monthly net precipitation by 
subtracting monthly evapotranspiration (or monthly potential 
evapotranspiration) from monthly precipitation. If evapotranspiration 
(or potential evapotranspiration) exceeds precipitation for a month, 
assign that month a net precipitation value of 0.
     Calculate the annual net precipitation by summing 
the monthly net precipitation values.
     Based on the annual net precipitation, assign a 
net precipitation factor value from table 3-4.

    Enter the value assigned from Figure 3-2 or from table 3-4, as 
appropriate, in table 3-1.

                                Table 3-3--Monthly Latitude Adjusting Values \a\
----------------------------------------------------------------------------------------------------------------
 Latitude                                                   Month
    \b\    -----------------------------------------------------------------------------------------------------
 (degrees)    Jan.     Feb.    March    April     May      June    July   August   Sept.   Oct.    Nov.    Dec.
----------------------------------------------------------------------------------------------------------------
=50 N
      45 N     0.80     0.81     1.02     1.13     1.28     1.29    1.31    1.21    1.04    0.94    0.79    0.75
      40 N     0.84     0.83     1.03     1.11     1.24     1.25    1.27    1.18    1.04    0.96    0.83    0.81
      35 N     0.87     0.85     1.03     1.09     1.21     1.21    1.23    1.16    1.03    0.97    0.89    0.85
      30 N     0.90     0.87     1.03     1.08     1.18     1.17    1.20    1.14    1.03    0.98    0.89    0.88
      20 N     0.95     0.90     1.03     1.05     1.13     1.11    1.14    1.11    1.02    1.00    0.93    0.94
      10 N     1.00     0.91     1.03     1.03     1.08     1.06    1.08    1.07    1.02    1.02    0.98    0.99
         0     1.04     0.94     1.04     1.01     1.04     1.01    1.04    1.04    1.01    1.04    1.01    1.04
      10 S     1.08     0.97     1.05     0.99     1.00     0.96    1.00    1.02    1.00    1.06    1.05    1.09
      20 S     1.14     0.99     1.05     0.97     0.96     0.91    0.95    0.99    1.00    1.08    1.09   1.15
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.
\b\ For unlisted latitudes lower than 50[deg] North or 20[deg] South, determine the latitude adjusting value by
  interpolation.


               Table 3-4--Net Precipitation Factor Values
------------------------------------------------------------------------
                                                               Assigned
                 Net precipitation (inches)                      value
------------------------------------------------------------------------
0...........................................................           0
Greater than 0 to 5.........................................           1
Greater than 5 to 15........................................           3
Greater than 15 to 30.......................................           6
Greater than 30.............................................          10
------------------------------------------------------------------------

    3.1.2.3 Depth to aquifer. Evaluate depth to aquifer by determining 
the depth from the lowest known point of hazardous substances at a site 
to the top of the aquifer being evaluated, considering all layers in 
that interval. Measure the depth to an aquifer as the distance from the 
surface to the top of the aquifer minus the distance from the surface to 
the lowest known point of hazardous substances eligible to be evaluated 
for that aquifer. In evaluating depth to aquifer in karst terrain, 
assign a thickness of 0 feet to a karst aquifer that underlies any 
portion of the sources at the site. Based on the calculated depth, 
assign a value from table 3-5 to the depth to aquifer factor.
    Determine the depth to aquifer only at locations within 2 miles of 
the sources at the site, except: if observed ground water contamination 
attributable to sources at the site extends more than 2 miles beyond 
these sources, use any location within the limits of this observed 
ground water contamination when evaluating the depth to aquifer factor 
for any aquifer that does not have an observed release. If the necessary 
geologic information is available at multiple locations, calculate the 
depth to aquifer at each location. Use the location having the smallest 
depth to assign the factor value. Enter this value in table 3-1.

                Table 3-5--Depth to Aquifer Factor Values
------------------------------------------------------------------------
                                                               Assigned
                 Depth to aquifer \a\ (feet)                     value
------------------------------------------------------------------------
Less than or equal to 25....................................           5
Greater than 25 to 250......................................           3
Greater than 250............................................           1
------------------------------------------------------------------------
\a\ Use depth of all layers between the hazardous substances and
  aquifer. Assign a thickness of 0 feet to any karst aquifer that
  underlies any portion of the sources at the site.

    3.1.2.4 Travel time. Evaluate the travel time factor based on the 
geologic materials in the interval between the lowest known point of 
hazardous substances at the site and the top of the aquifer being 
evaluated. Assign a value to the travel time factor as follows:
     If the depth to aquifer (see section 3.1.2.3) is 
10 feet or less, assign a value of 35.
     If, for the interval being evaluated, all layers 
that underlie a portion of the sources at the site are karst, assign a 
value of 35.
     Otherwise:

-Select the lowest hydraulic conductivity layer(s) from within the above 
interval.

[[Page 133]]

Consider only layers at least 3 feet thick. However, do not consider 
layers or portions of layers within the first 10 feet of the depth to 
the aquifer.
-Determine hydraulic conductivities for individual layers from table 3-6 
or from in-situ or laboratory tests. Use representative, measured, 
hydraulic conductivity values whenever available.
-If more than one layer has the same lowest hydraulic conductivity, 
include all such layers and sum their thicknesses. Assign a thickness of 
0 feet to a karst layer that underlies any portion of the sources at the 
site.
-Assign a value from table 3-7 to the travel time factor, based on the 
thickness and hydraulic conductivity of the lowest hydraulic 
conductivity layer(s).

         Table 3-6--Hydraulic Conductivity of Geologic Materials
------------------------------------------------------------------------
                                                            Assigned
                                                            hydraulic
                   Type of material                     conductivity \a\
                                                            (cm/sec)
------------------------------------------------------------------------
Clay; low permeability till (compact unfractured                    10-8
 till); shale; unfractured metamorphic and igneous
 rocks................................................
Silt; loesses; silty clays; sediments that are                      10-6
 predominantly silts; moderately permeable till (fine-
 grained, unconsolidated till, or compact till with
 some fractures); low permeability limestones and
 dolomites (no karst); low permeability sandstone; low
 permeability fractured igneous and metamorphic rocks.
Sands; sandy silts; sediments that are predominantly                10-4
 sand; highly permeable till (coarse-grained,
 unconsolidated or compact and highly fractured);
 peat; moderately permeable limestones and dolomites
 (no karst); moderately permeable sandstone;
 moderately permeable fractured igneous and
 metamorphic rocks....................................
Gravel; clean sand; highly permeable fractured igneous              10-2
 and metamorphic rocks; permeable basalt; karst
 limestones and dolomites.............................
------------------------------------------------------------------------
\a\ Do not round to nearest integer.


                Table 3-7--Travel Time Factor Values \a\
------------------------------------------------------------------------
                              Thickness of lowest hydraulic conductivity
                                          layer(s) \b\ (feet)
 Hydraulic conductivity (cm/ -------------------------------------------
            sec)               Greater    Greater    Greater
                              than 3 to  than 5 to   than 100   Greater
                                  5         100       to 500    than 500
------------------------------------------------------------------------
Greater than or equal to 10-         35         35         35         25
 3..........................
Less than 10-3 to 10-5......         35         25         15         15
Less than 10-5 to 10-7......         15         15          5          5
Less than 10-7..............          5          5          1          1
------------------------------------------------------------------------
\a\ If depth to aquifer is 10 feet or less or if, for the interval being
  evaluated, all layers that underlie a portion of the sources at the
  site are karst, assign a value of 35.
\b\ Consider only layers at least 3 feet thick. Do not consider layers
  or portions of layers within the first 10 feet of the depth to the
  aquifer.

    Determine travel time only at locations within 2 miles of the 
sources at the site, except: if observed ground water contamination 
attributable to sources at the site extends more than 2 miles beyond 
these sources, use any location within the limits of this observed 
ground water contamination when evaluating the travel time factor for 
any aquifer that does not have an observed release. If the necessary 
subsurface geologic information is available at multiple locations, 
evaluate the travel time factor at each location. Use the location 
having the highest travel time factor value to assign the factor value 
for the aquifer. Enter this value in table 3-1.
    3.1.2.5 Calculation of potential to release factor value. Sum the 
factor values for net precipitation, depth to aquifer, and travel time, 
and multiply this sum by the factor value for containment. Assign this 
product as the potential to release factor value for the aquifer. Enter 
this value in table 3-1.
    3.1.3 Calculation of likelihood of release factor category value. If 
an observed release is established for an aquifer, assign the observed 
release factor value of 550 as the likelihood of release factor category 
value for that aquifer. Otherwise, assign the potential to release 
factor value for that aquifer as the likelihood of release value. Enter 
the value assigned in table 3-1.
    3.2 Waste characteristics. Evaluate the waste characteristics factor 
category for an aquifer based on two factors: toxicity/mobility and 
hazardous waste quantity. Evaluate only those hazardous substances 
available to migrate from the sources at the site to ground water. Such 
hazardous substances include:
     Hazardous substances that meet the criteria for 
an observed release to ground water.
     All hazardous substances associated with a source 
that has a ground water containment factor value greater than 0 (see 
sections 2.2.2, 2.2.3, and 3.1.2.1).

[[Page 134]]

    3.2.1 Toxicity/mobility. For each hazardous substance, assign a 
toxicity factor value, a mobility factor value, and a combined toxicity/
mobility factor value as specified in the following sections. Select the 
toxicity/mobility factor value for the aquifer being evaluated as 
specified in section 3.2.1.3.
    3.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous 
substance as specified in Section 2.4.1.1.
    3.2.1.2 Mobility. Assign a mobility factor value to each hazardous 
substance for the aquifer being evaluated as follows:
     For any hazardous substance that meets the 
criteria for an observed release by chemical analysis to one or more 
aquifers underlying the sources at the site, regardless of the aquifer 
being evaluated, assign a mobility factor value of 1.
     For any hazardous substance that does not meet 
the criteria for an observed release by chemical analysis to at least 
one of the aquifers, assign that hazardous substance a mobility factor 
value from table 3-8 for the aquifer being evaluated, based on its water 
solubility and distribution coefficient (Kd).
     If the hazardous substance cannot be assigned a 
mobility factor value because data on its water solubility or 
distribution coefficient are not available, use other hazardous 
substances for which information is available in evaluating the pathway.

                               Table 3-8--Ground Water Mobility Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                                    Distribution coefficient (Kd) (ml/g)
                                                          ------------------------------------------------------
                 Water solubility (mg/l)                                         10
                                                           Karst \c\     <=10       to 1,000    1,000
----------------------------------------------------------------------------------------------------------------
Present as liquid \b\....................................          1          1         0.01           0.0001
Greater than 100.........................................          1          1         0.01           0.0001
Greater than 1 to 100....................................        0.2        0.2        0.002           2x10-5
Greater than 0.01 to 1...................................      0.002      0.002       2x10-5           2x10-7
Less than or equal to 0.01...............................     2x10-5     2x10-5       2x10-7           2x10-9
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.
\b\ Use if the hazardous substance is present or deposited as a liquid.
\c\ Use if the entire interval from the source to the aquifer being evaluated is karst.

     If none of the hazardous substances eligible to 
be evaluated can be assigned a mobility factor value, use a default 
value of 0.002 as the mobility factor value for all these hazardous 
substances.
    Determine the water solubility to be used in table 3-8 for the 
hazardous substance as follows (use this same water solubility for all 
aquifers):
     For any hazardous substance that does not meet 
the criteria for an observed release by chemical analysis, if the 
hazardous substance is present or deposited as a liquid, use the water 
solubility category ``Present as Liquid'' in table 3-8 to assign the 
mobility factor value to that hazardous substance.
     Otherwise:
-For any hazardous substance that is a metal (or metalloid) and that 
does not meet the criteria for an observed release by chemical analysis, 
establish a water solubility for the hazardous substance as follows:
     -Determine the overall range of water solubilities for compounds of 
this hazardous substance (consider all compounds for which adequate 
water solubility information is available, not just compounds identified 
as present at the site).
     -Calculate the geometric mean of the highest and the lowest water 
solubility in this range.
     -Use this geometric mean as the water solubility in assigning the 
hazardous substance a mobility factor value from table 3-8.
-For any other hazardous substance (either organic or inorganic) that 
does not meet the criteria for an observed release by chemical analysis, 
use the water solubility of that hazardous substance to assign a 
mobility factor value from table 3-8 to the hazardous substance.
    For the aquifer being evaluated, determine the distribution 
coefficient to be used in table 3-8 for the hazardous substance as 
follows:
     For any hazardous substance that does not meet 
the criteria for an observed release by chemical analysis, if the entire 
interval from a source at the site to the aquifer being evaluated is 
karst, use the distribution coefficient category ``Karst'' in table 3-8 
in assigning the mobility factor value for that hazardous substance for 
that aquifer.
     Otherwise:
-For any hazardous substance that is a metal (or metalloid) and that 
does not meet the criteria for an observed release by chemical analysis, 
use the distribution coefficient for the metal or (metalloid) to assign 
a mobility factor value from table 3-8 for that hazardous substance.
-For any other inorganic hazardous substance that does not meet the 
criteria for an observed release by chemical analysis,

[[Page 135]]

use the distribution coefficient for that inorganic hazardous substance, 
if available, to assign a mobility factor value from table 3-8. If the 
distribution coefficient is not available, use a default value of ``less 
than 10'' as the distribution coefficient, except: for asbestos use a 
default value of ``greater than 1,000'' as the distribution coefficient.
-For any hazardous substance that is organic and that does not meet the 
criteria for an observed release by chemical analysis, establish a 
distribution coefficient for that hazardous substance as follows:
     -Estimate the Kd range for the hazardous substance using 
the following equation:

Kd=(Koc)(fs)

where:

Koc=Soil-water partition coefficient for organic carbon for 
the hazardous substance.
fs=Sorbent content (fraction of clays plus organic carbon) in 
the subsurface.
 -Use fs values of 0.03 and 0.77 in the above equation to 
establish the upper and lower values of the Kd range for the 
hazardous substance.
 -Calculate the geometric mean of the upper and lower Kd 
range values. Use this geometric mean as the distribution coefficient in 
assigning the hazardous substance a mobility factor value from table 3-
8.
    3.2.1.3 Calculation of toxicity/mobility factor value. Assign each 
hazardous substance a toxicity/mobility factor value from table 3-9, 
based on the values assigned to the hazardous substance for the toxicity 
and mobility factors. Use the hazardous substance with the highest 
toxicity/mobility factor value for the aquifer being evaluated to assign 
the value to the toxicity/mobility factor for that aquifer. Enter this 
value in table 3-1.

             Table 3-9--Toxicity/Mobility Factor Values \a\
------------------------------------------------------------------------
  Mobility                      Toxicity factor value
   factor   ------------------------------------------------------------
   value       10,000     1,000       100         10         1        0
------------------------------------------------------------------------
       1.0     10,000      1,000        100         10          1     0
       0.2      2,000        200         20          2        0.2     0
      0.01        100         10          1        0.1       0.01     0
     0.002         20          2        0.2       0.02      0.002     0
    0.0001          1        0.1       0.01      0.001     1x10-4     0
    2x10-5        0.2       0.02      0.002     2x10-4     2x10-5     0
    2x10-7      0.002     2x10-4     2x10-5     2x10-6     2x10-7     0
    2x10-9     2x10-5     2x10-6     2x10-7     2x10-8     2x10-9     0
------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    3.2.2 Hazardous waste quantity. Assign a hazardous waste quantity 
factor value for the ground water pathway (or aquifer) as specified in 
section 2.4.2. Enter this value in table 3-1.
    3.2.3 Calculation of waste characteristics factor category value. 
Multiply the toxicity/mobility and hazardous waste quantity factor 
values, subject to a maximum product of 1x10\8\. Based on this product, 
assign a value from table 2-7 (section 2.4.3.1) to the waste 
characteristics factor category. Enter this value in table 3-1.
    3.3 Targets. Evaluate the targets factor category for an aquifer 
based on four factors: nearest well, population, resources, and Wellhead 
Protection Area. Evaluate these four factors based on targets within the 
target distance limit specified in section 3.0.1.1 and the aquifer 
boundaries specified in section 3.0.1.2. Determine the targets to be 
included in evaluating these factors for an aquifer as specified in 
section 3.0.
    3.3.1 Nearest well. In evaluating the nearest well factor, include 
both the drinking water wells drawing from the aquifer being evaluated 
and those drawing from overlying aquifers as specified in section 3.0. 
Include standby wells in evaluating this factor only if they are used 
for drinking water supply at least once every year.
    If there is an observed release by direct observation for a drinking 
water well within the target distance limit, assign Level II 
concentrations to that well. However, if one or more samples meet the 
criteria for an observed release for that well, determine if that well 
is subject to Level I or Level II concentrations as specified in 
sections 2.5.1 and 2.5.2. Use the health-based benchmarks from table 3-
10 in determining the level of contamination.
    Assign a value for the nearest well factor as follows:
     If one or more drinking water wells is subject to 
Level I concentrations, assign a value of 50.
     If not, but if one or more drinking water wells 
is subject to Level II concentrations, assign a value of 45.
     If none of the drinking water wells is subject to 
Level I or Level II concentrations, assign a value as follows:
-If one of the target aquifers is a karst aquifer that underlies any 
portion of the sources at the site and any well draws

[[Page 136]]

drinking water from this karst aquifer within the target distance limit, 
assign a value of 20.
-If not, determine the shortest distance to any drinking water well, as 
measured from any source at the site with a ground water containment 
factor value greater than 0. Select a value from table 3-11 based on 
this distance. Assign it as the value for the nearest well factor.
    Enter the value assigned to the nearest well factor in table 3-1.

Table 3-10--Health-Based Benchmarks for Hazardous Substances in Drinking
                                  Water
 Concentration corresponding to Maximum Contaminant
 Level (MCL).
 Concentration corresponding to a nonzero Maximum
 Contaminant Level Goal (MCLG).
 Screening concentration for cancer corresponding to
 that concentration that corresponds to the 10-6 individual cancer risk
 for oral exposures.
 Screening concentration for noncancer toxicological
 responses corresponding to the Reference Dose (RfD) for oral exposures.
------------------------------------------------------------------------


                 Table 3-11--Nearest Well Factor Values
------------------------------------------------------------------------
                                                               Assigned
                Distance from source (miles)                     value
------------------------------------------------------------------------
Level I concentrations \a\..................................          50
Level II concentrations \a\.................................          45
0 to \1/4\..................................................          20
Greater than \1/4\ to \1/2\.................................          18
Greater than \1/2\ to 1.....................................           9
Greater than 1 to 2.........................................           5
Greater than 2 to 3.........................................           3
Greater than 3 to 4.........................................           2
Greater than 4..............................................           0
------------------------------------------------------------------------
\a\ Distance does not apply.

    3.3.2 Population. In evaluating the population factor, include those 
persons served by drinking water wells within the target distance limit 
specified in section 3.0.1.1. For the aquifer being evaluated, count 
those persons served by wells in that aquifer and those persons served 
by wells in overlying aquifers as specified in section 3.0. Include 
residents, students, and workers who regularly use the water. Exclude 
transient populations such as customers and travelers passing through 
the area. Evaluate the population based on the location of the water 
supply wells, not on the location of residences, work places, etc. When 
a standby well is maintained on a regular basis so that water can be 
withdrawn, include it in evaluating the population factor.
    In estimating residential population, when the estimate is based on 
the number of residences, multiply each residence by the average number 
of persons per residence for the county in which the residence is 
located.
    In determining the population served by a well, if the water from 
the well is blended with other water (for example, water from other 
ground water wells or surface water intakes), apportion the total 
population regularly served by the blended system to the well based on 
the well's relative contribution to the total blended system. In 
estimating the well's relative contribution, assume each well and intake 
contributes equally and apportion the population accordingly, except: if 
the relative contribution of any one well or intake exceeds 40 percent 
based on average annual pumpage or capacity, estimate the relative 
contribution of the wells and intakes considering the following data, if 
available:
     Average annual pumpage from the ground water 
wells and surface water intakes in the blended system.
     Capacities of the wells and intakes in the 
blended system.
    For systems with standby ground water wells or standby surface water 
intakes, apportion the total population regularly served by the blended 
system as described above, except:
     Exclude standby surface water intakes in 
apportioning the population.
     When using pumpage data for a standby ground 
water well, use average pumpage for the period during which the standby 
well is used rather than average annual pumpage.
     For that portion of the total population that 
could be apportioned to a standby ground water well, assign that portion 
of the population either to that standby well or to the other ground 
water well(s) and surface water intake(s) that serve that population; do 
not assign that portion of the population both to the standby well and 
to the other well(s) and intake(s) in the blended system. Use the 
apportioning that results in the highest population factor value. 
(Either include all standby well(s) or exclude some or all of the 
standby well(s) as appropriate to obtain this highest value.) Note that 
the specific standby well(s) included or excluded and, thus, the 
specific apportioning may vary in evaluating different aquifers and in 
evaluating the surface water pathway.
    3.3.2.1 Level of contamination. Evaluate the population served by 
water from a point of withdrawal based on the level of contamination for 
that point of withdrawal. Use the applicable factor: Level I 
concentrations, Level II concentrations, or potential contamination.
    If no samples meet the criteria for an observed release for a point 
of withdrawal and there is no observed release by direct observation for 
that point of withdrawal, evaluate that point of withdrawal using the 
potential contamination factor in section 3.3.2.4. If there is an 
observed release by direct observation, use Level II concentrations for 
that point of withdrawal. However, if one or more samples meet the 
criteria for an observed release for the point of withdrawal, determine

[[Page 137]]

which factor (Level I or Level II concentrations) applies to that point 
of withdrawal as specified in sections 2.5.1 and 2.5.2. Use the health-
based benchmarks from table 3-10 in determining the level of 
contamination. Evaluate the point of withdrawal using the Level I 
concentrations factor in section 3.3.2.2 or the Level II concentrations 
factor in section 3.3.2.3, as appropriate.
    For the potential contamination factor, use population ranges in 
evaluating the factor as specified in section 3.3.2.4. For the Level I 
and Level II concentrations factors, use the population estimate, not 
population ranges, in evaluating both factors.
    3.3.2.2 Level I concentrations. Sum the number of people served by 
drinking water from points of withdrawal subject to Level I 
concentrations. Multiply this sum by 10. Assign this product as the 
value for this factor. Enter this value in table 3-1.
    3.3.2.3 Level II concentrations. Sum the number of people served by 
drinking water from points of withdrawal subject to Level II 
concentrations. Do not include those people already counted under the 
Level I concentrations factor. Assign this sum as the value for this 
factor. Enter this value in table 3-1.
    3.3.2.4 Potential contamination. Determine the number of people 
served by drinking water from points of withdrawal subject to potential 
contamination. Do not include those people already counted under the 
Level I and Level II concentrations factors.
    Assign distance-weighted population values from table 3-12 to this 
population as follows:
     Use the ``Karst'' portion of table 3-12 to assign 
values only for that portion of the population served by points of 
withdrawal that draw drinking water from a karst aquifer that underlies 
any portion of the sources at the site.
-For this portion of the population, determine the number of people 
included within each ``Karst'' distance category in table 3-12.

                Table 3-12--Distance-Weighted Population Values for Potential Contamination Factor for Ground Water Migration Pathway \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Number of people within the distance category
                                                       -------------------------------------------------------------------------------------------------
               Distance category (miles)                    1   11   31  101           1,001   3,001    10,001   30,001    100,001   300,001   1,000,001
                                                        0   to  to   to   to  301 to    to       to       to       to        to         to         to
                                                            10  30  100  300   1,000   3,000   10,000   30,000   100,000   300,000  1,000,000  3,000,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Than Karst \b\:
0 to \1/4\............................................  0    4  17   53  164     522   1,633    5,214   16,325    52,137   163,246    521,360  1,632,455
Greater than \1/4\ to \1/2\...........................  0    2  11   33  102     324   1,013    3,233   10,122    32,325   101,213    323,243  1,012,122
Greater than \1/2\ to 1...............................  0    1   5   17   52     167     523    1,669    5,224    16,684    52,239    166,835    522,385
Greater than 1 to 2...................................  0  0.7   3   10   30      94     294      939    2,939     9,385    29,384     93,845    293,842
Greater than 2 to 3...................................  0  0.5   2    7   21      68     212      678    2,122     6,778    21,222     67,777    212,219
Greater than 3 to 4...................................  0  0.3   1    4   13      42     131      417    1,306     4,171    13,060     41,709    130,596
--------------------------------------------------------------------------------------------------------------------------------------------------------
Karst \c\:
0 to \1/4\............................................  0    4  17   53  164     522   1,633    5,214   16,325    52,137   163,246    521,360  1,632,455
Greater than \1/4\ to \1/2\...........................  0    2  11   33  102     324   1,013    3,233   10,122    32,325   101,213    323,243  1,012,122
Greater than \1/2\ to 1...............................  0    2   9   26   82     261     817    2,607    8,163    26,068    81,623    260,680    816,227
Greater than 1 to 2...................................  0    2   9   26   82     261     817    2,607    8,163    26,068    81,623    260,680    816,227
Greater than 2 to 3...................................  0    2   9   26   82     261     817    2,607    8,163    26,068    81,623    260,680    816,227
Greater than 3 to 4...................................  0    2   9   26   82     261     817    2,607    8,163    26,068    81,623    260,680    816,227
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Round the number of people present within a distance category to nearest integer. Do not round the assigned distance-weighted population value to
  nearest integer.
\b\ Use for all aquifers, except karst aquifers underlying any portion of the sources at the site.
\c\ Use only for karst aquifers underlying any portion of the sources at the site.

-Assign a distance-weighted population value for each distance category 
based on the number of people included within the distance category.
     Use the ``Other Than Karst'' portion of table 3-
12 for the remainder of the population served by points of withdrawal 
subject to potential contamination.


[[Page 138]]


-For this portion of the population, determine the number of people 
included within each ``Other Than Karst'' distance category in table 3-
12.
-Assign a distance-weighted population value for each distance category 
based on the number of people included within the distance category.
    Calculate the value for the potential contamination factor (PC) as 
follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.147

where:
Wi=Distance-weighted population from ``Other Than Karst'' 
portion of table 3-12 for distance category i.
Ki=Distance-weighted population from ``Karst'' portion of 
table 3-12 for distance category i.
n=Number of distance categories.

    If PC is less than 1, do not round it to the nearest integer; if PC 
is 1 or more, round to the nearest integer. Enter this value in table 3-
1.
    3.3.2.5 Calculation of population factor value. Sum the factor 
values for Level I concentrations, Level II concentrations, and 
potential contamination. Do not round this sum to the nearest integer. 
Assign this sum as the population factor value for the aquifer. Enter 
this value in table 3-1.
    3.3.3 Resources. To evaluate the resources factor, select the 
highest value specified below that applies for the aquifer being 
evaluated. Assign this value as the resources factor value for the 
aquifer. Enter this value in table 3-1.
    Assign a resources value of 5 if water drawn from any target well 
for the aquifer being evaluated or overlying aquifers (as specified in 
section 3.0) is used for one or more of the following purposes:
     Irrigation (5-acre minimum) of commercial food 
crops or commercial forage crops.
     Watering of commercial livestock.
     Ingredient in commercial food preparation.
     Supply for commercial aquaculture.
     Supply for a major or designated water recreation 
area, excluding drinking water use.

    Assign a resources value of 5 if no drinking water wells are within 
the target distance limit, but the water in the aquifer being evaluated 
or any overlying aquifers (as specified in section 3.0) is usable for 
drinking water purposes.
    Assign a resources value of 0 if none of the above applies.
    3.3.4 Wellhead Protection Area. Evaluate the Wellhead Protection 
Area factor based on Wellhead Protection Areas designated according to 
section 1428 of the Safe Drinking Water Act, as amended. Consider only 
those Wellhead Protection Areas applicable to the aquifer being 
evaluated or overlying aquifers (as specified in section 3.0). Select 
the highest value below that applies. Assign it as the value for the 
Wellhead Protection Area factor for the aquifer being evaluated. Enter 
this value in table 3-1.
    Assign a value of 20 if either of the following criteria applies for 
the aquifer being evaluated or overlying aquifers:
     A source with a ground water containment factor 
value greater than 0 lies, either partially or fully, within or above 
the designated Wellhead Protection Area.
     Observed ground water contamination attributable 
to the sources at the site lies, either partially or fully, within the 
designated Wellhead Protection Area.

    If neither criterion applies, assign a value of 5, if, within the 
target distance limit, there is a designated Wellhead Protection Area 
applicable to the aquifer being evaluated or overlying aquifers.
    Assign a value of 0 if none of the above applies.
    3.3.5 Calculation of targets factor category value. Sum the factor 
values for nearest well, population, resources, and Wellhead Protection 
Area. Do not round this sum to the nearest integer. Use this sum as the 
targets factor category value for the aquifer. Enter this value in table 
3-1.
    3.4 Ground water migration score for an aquifer. For the aquifer 
being evaluated, multiply the factor category values for likelihood of 
release, waste characteristics, and targets, and round the product to 
the nearest integer. Then divide by 82,500. Assign the resulting value, 
subject to a maximum value of 100, as the ground water migration pathway 
score for the aquifer. Enter this score in table 3-1.
    3.5 Calculation of ground water migration pathway score. Calculate a 
ground water migration score for each aquifer underlying the sources at 
the site, as appropriate. Assign the highest ground water migration 
score for an aquifer as the ground water migration pathway score 
(Sgw) for the site. Enter this score in table 3-1.

                   4.0 Surface Water Migration Pathway

    4.0.1 Migration components. Evaluate the surface water migration 
pathway based on two migration components:
     Overland/flood migration to surface water (see 
section 4.1).
     Ground water to surface water migration (see 
section 4.2).

Evaluate each component based on the same three threats: drinking water 
threat, human food chain threat, and environmental threat.
    Score one or both components, considering their relative importance. 
If only one component is scored, assign its score as the surface

[[Page 139]]

water migration pathway score. If both components are scored, select the 
higher of the two scores and assign it as the surface water migration 
pathway score.

    4.0.2 Surface water categories. For HRS purposes, classify surface 
water into four categories: rivers, lakes, oceans, and coastal tidal 
waters.
    Rivers include:
     Perennially flowing waters from point of origin 
to the ocean or to coastal tidal waters, whichever comes first, and 
wetlands contiguous to these flowing waters.
     Aboveground portions of disappearing rivers.
     Man-made ditches only insofar as they perennially 
flow into other surface water.
     Intermittently flowing waters and contiguous 
intermittently flowing ditches only in arid or semiarid areas with less 
than 20 inches of mean annual precipitation.
    Lakes include:
     Natural and man-made lakes (including 
impoundments) that lie along rivers, but excluding the Great Lakes.
     Isolated, but perennial, lakes, ponds, and 
wetlands.
     Static water channels or oxbow lakes contiguous 
to rivers.
     Small rivers, without diking, that merge into 
surrounding perennially inundated wetlands.
     Wetlands contiguous to water bodies defined here 
as lakes.
    Ocean and ocean-like water bodies include:
     Ocean areas seaward from the baseline of the 
Territorial Sea. (This baseline represents the generalized coastline of 
the United States. It is parallel to the seaward limit of the 
Territorial Sea and other maritime limits such as the inner boundary of 
Federal fisheries jurisdiction and the limit of States jurisdiction 
under the Submerged Lands Act, as amended.)
     The Great Lakes.
     Wetlands contiguous to the Great Lakes.
    Coastal tidal waters include:
     Embayments, harbors, sounds, estuaries, back 
bays, lagoons, wetlands, etc. seaward from mouths of rivers and landward 
from the baseline of the Territorial Sea.

    4.1 Overland/flood migration component. Use the overland/flood 
migration component to evaluate surface water threats that result from 
overland migration of hazardous substances from a source at the site to 
surface water. Evaluate three types of threats for this component: 
drinking water threat, human food chain threat, and environmental 
threat.
    4.1.1 General considerations.
    4.1.1.1 Definition of hazardous substance migration path for 
overland/flood migration component. The hazardous substance migration 
path includes both the overland segment and the in-water segment that 
hazardous substances would take as they migrate away from sources at the 
site:
     Begin the overland segment at a source and 
proceed downgradient to the probable point of entry to surface water.
     Begin the in-water segment at this probable point 
of entry.

-For rivers, continue the in-water segment in the direction of flow 
(including any tidal flows) for the distance established by the target 
distance limit (see section 4.1.1.2).
-For lakes, oceans, coastal tidal waters, or Great Lakes, do not 
consider flow direction. Instead apply the target distance limit as an 
arc.
-If the in-water segment includes both rivers and lakes (or oceans, 
coastal tidal waters, or Great Lakes), apply the target distance limit 
to their combined in-water segments.
    For sites that consist of contaminated sediments with no identified 
source, the hazardous substance migration path consists solely of the 
in-water segment specified in section 4.1.1.2.
    Consider a site to be in two or more watersheds for this component 
if two or more hazardous substance migration paths from the sources at 
the site do not reach a common point within the target distance limit. 
If the site is in more than one watershed, define a separate hazardous 
substance migration path for each watershed. Evaluate the overland/flood 
migration component for each watershed separately as specified in 
section 4.1.1.3.
    4.1.1.2 Target distance limit. The target distance limit defines the 
maximum distance over which targets are considered in evaluating the 
site. Determine a separate target distance limit for each watershed as 
follows:
     If there is no observed release to surface water 
in the watershed or if there is an observed release only by direct 
observation (see section 4.1.2.1.1), begin measuring the target distance 
limit for the watershed at the probable point of entry to surface water 
and extend it for 15 miles along the surface water from that point.
     If there is an observed release from the site to 
the surface water in the watershed that is based on sampling, begin 
measuring the target distance limit for the watershed at the probable 
point of entry; extend the target distance limit either for 15 miles 
along the surface water or to the most distant sample point that meets 
the criteria for an observed release to that watershed, whichever is 
greater.
    In evaluating the site, include only surface water targets (for 
example, intakes, fisheries, sensitive environments) that are within or 
contiguous to the hazardous substance migration path and located, 
partially or wholly, at or between the probable point of entry and the 
target distance limit applicable to the watershed:

[[Page 140]]

     If flow within the hazardous substance migration 
path is reversed by tides, evaluate upstream targets only if there is 
documentation that the tidal run could carry substances from the site as 
far as those upstream targets.
     Determine whether targets within or contiguous to 
the hazardous substance migration path are subject to actual or 
potential contamination as follows:

-If a target is located, partially or wholly, either at or between the 
probable point of entry and any sampling point that meets the criteria 
for an observed release to the watershed or at a point that meets the 
criteria for an observed release by direct observation, evaluate that 
target as subject to actual contamination, except as otherwise specified 
for fisheries in section 4.1.3.3 and for wetlands in section 
4.1.4.3.1.1. If the actual contamination is based on direct observation, 
assign Level II to the actual contamination. However, if the actual 
contamination is based on samples, determine whether the actual 
contamination is at Level I or Level II concentrations as specified in 
sections 4.1.2.3, 4.1.3.3, and 4.1.4.3.1.
-If a target is located, partially or wholly, within the target distance 
limit for the watershed, but not at or between the probable point of 
entry and any sampling point that meets the criteria for an observed 
release to the watershed, nor at a point that meets the criteria for an 
observed release by direct observation, evaluate it as subject to 
potential contamination.
    For sites consisting solely of contaminated sediments with no 
identified source, determine the target distance limit as follows:
     If there is a clearly defined direction of flow 
for the surface water body (or bodies) containing the contaminated 
sediments, begin measuring the target distance limit at the point of 
observed sediment contamination that is farthest upstream (that is, at 
the location of the farthest available upstream sediment sample that 
meets the criteria for an observed release); extend the target distance 
limit either for 15 miles along the surface water or to the most distant 
downstream sample point that meets the criteria for an observed release 
to that watershed, whichever is greater.
     If there is no clearly defined direction of flow, 
begin measuring the target distance limit at the center of the area of 
observed sediment contamination. Extend the target distance limit as an 
arc either for 15 miles along the surface water or to the most distant 
sample point that meets the criteria for an observed release to that 
watershed, whichever is greater. Determine the area of observed sediment 
contamination based on available samples that meet the criteria for an 
observed release.

Note that the hazardous substance migration path for these contaminated 
sediment sites consists solely of the in-water segment defined by the 
target distance limit; there is no overland segment.
    For these contaminated sediment sites, include only those targets 
(for example, intakes, fisheries, sensitive environments) that are 
within or contiguous to the hazardous substance migration path and 
located, wholly or partially, within the target distance limit for the 
site. Determine whether these targets are subject to actual or potential 
contamination as follows:
     If a target is located, partially or wholly, 
within the area of observed sediment contamination, evaluate it as 
subject to actual contamination, except as otherwise specified for 
fisheries in section 4.1.3.3 and wetlands in section 4.1.4.3.1.1.

-If a drinking water target is subject to actual contamination, evaluate 
it using Level II concentrations.
-If a human food chain target or environmental target is subject to 
actual contamination, evaluate it using Level I or Level II 
concentrations, as appropriate (see sections 4.1.3.3 and 4.1.4.3.1).
     If a target is located, partially or wholly, 
within the target distance limit for the watershed, but not within the 
area of observed sediment contamination, evaluate it as subject to 
potential contamination.
    4.1.1.3 Evaluation of overland/flood migration component. Evaluate 
the drinking water threat, human food chain threat, and environmental 
threat for each watershed for this component based on three factor 
categories: likelihood of release, waste characteristics, and targets. 
Figure 4-1 indicates the factors included within each factor category 
for each type of threat.
    Determine the overland/flood migration component score 
(Sof) for a watershed in terms of the factor category values 
as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.148

where:
LRi=Likelihood of release factor category value for threat i 
(that is, drinking water, human food chain, or environmental threat).
WCi=Waste characteristics factor category value for threat i.
Ti=Targets factor category value for threat i.
SF=Scaling factor.
Table 4-1 outlines the specific calculation procedure.
    If the site is in only one watershed, assign the overland/flood 
migration score for that watershed as the overland/flood migration 
component score for the site.

[[Page 141]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.008


[[Page 142]]



                     Table 4-1--Surface Water Overland/Flood Migration Component Scoresheet
----------------------------------------------------------------------------------------------------------------
                         Factor categories and factors                           Maximum value   Value assigned
----------------------------------------------------------------------------------------------------------------
                             Drinking Water Threat
 
Likelihood of Release:
     1. Observed Release......................................................             550            ------
     2. Potential to Release by Overland Flow:
        2a. Containment.......................................................              10            ------
        2b. Runoff............................................................              25            ------
        2c. Distance to Surface Water.........................................              25            ------
        2d. Potential to Release by Overland Flow (lines 2a[2b+2c])...........             500            ------
     3. Potential to Release by Flood:
        3a. Containment (Flood)...............................................              10            ------
        3b. Flood Frequency...................................................              50            ------
        3c. Potential to Release by Flood (lines 3ax3b).......................             500            ------
     4. Potential to Release (lines 2d+3c, subject to a maximum of 500).......             500            ------
     5. Likelihood of Release (higher of lines 1 and 4).......................             550            ------
Waste Characteristics:
     6. Toxicity/Persistence..................................................             (a)            ------
     7. Hazardous Waste Quantity..............................................             (a)            ------
     8. Waste Characteristics.................................................             100            ------
Targets:
     9. Nearest Intake........................................................              50            ------
    10. Population............................................................  ..............  ................
        10a. Level I Concentrations...........................................             (b)            ------
        10b. Level II Concentrations..........................................             (b)            ------
        10c. Potential Contamination..........................................             (b)            ------
        10d. Population (lines 10a+10b+10c)...................................             (b)            ------
    11. Resources.............................................................               5            ------
    12. Targets (lines 9+10d+11)..............................................             (b)            ------
Drinking Water Threat Score:
    13. Drinking Water Threat Score ([lines 5x8x12]/82,500, subject to a                   100            ------
     maximum of 100)..........................................................
                            Human Food Chain Threat
 
Likelihood of Release:
    14. Likelihood of Release (same value as line 5)..........................             550            ------
Waste Characteristics:
    15. Toxicity/Persistence/Bioaccumulation..................................             (a)            ------
    16. Hazardous Waste Quantity..............................................             (a)            ------
    17. Waste Characteristics.................................................           1,000            ------
Targets:
    18. Food Chain Individual.................................................              50            ------
    19. Population............................................................  ..............  ................
        19a. Level I Concentrations...........................................             (b)            ------
        19b. Level II Concentrations..........................................             (b)            ------
        19c. Potential Human Food Chain Contamination.........................             (b)            ------
        19d. Population (lines 19a+19b+19c)...................................             (b)            ------
    20. Targets (lines 18+19d)................................................             (b)            ------
Human Food Chain Threat Score:
    21. Human Food Chain Threat Score ([lines 14x17x20]/82,500, subject to a               100            ------
     maximum of 100)..........................................................
                             Environmental Threat
Likelihood of Release:
    22. Likelihood of Release (same value as line 5)..........................             550            ------
Waste Characteristics:
    23. Ecosystem Toxicity/Persistence/Bioaccumulation........................             (a)            ------
    24. Hazardous Waste Quantity..............................................             (a)            ------
    25. Waste Characteristics.................................................           1,000
Targets:
    26. Sensitive Environments................................................
        26a. Level I Concentrations...........................................             (b)            ------
        26b. Level II Concentrations..........................................             (b)            ------
        26c. Potential Contamination..........................................             (b)            ------
        26d. Sensitive Environments (lines 26a+26b+26c).......................             (b)
    27. Targets (value from line 26d).........................................             (b)
Environmental Threat Score:
    28. Environmental Threat Score ([lines 22x25x27]/82,500, subject to a                   60            ------
     maximum of 60)...........................................................
    Surface Water Overland/Flood Migration Component Score for a Watershed
 
    29. Watershed Score \c\ (lines 13+21+28, subject to a maximum of 100).....             100            ------

[[Page 143]]

 
            Surface Water Overland/Flood Migration Component Score
 
    30. Component Score (Sof) \c\ (highest score from line 29 for all                      100           ------
     watersheds evaluated, subject to a maximum of 100).......................
----------------------------------------------------------------------------------------------------------------
\a\ Maximum value applies to waste characteristics category.
\b\ Maximum value not applicable.
\c\ Do not round to nearest integer.

    If the site is in more than one watershed:
     Calculate a separate overland/flood migration 
component score for each watershed, using likelihood of release, waste 
characteristics, and targets applicable to each watershed.
     Select the highest overland/flood migration 
component score from the watersheds evaluated and assign it as the 
overland/flood migration component score for the site.

    4.1.2 Drinking water threat. Evaluate the drinking water threat for 
each watershed based on three factor categories: likelihood of release, 
waste characteristics, and targets.
    4.1.2.1 Drinking water threat--likelihood of release. Evaluate the 
likelihood of release factor category for each watershed in terms of an 
observed release factor or a potential to release factor.
    4.1.2.1.1 Observed release. Establish an observed release to surface 
water for a watershed by demonstrating that the site has released a 
hazardous substance to the surface water in the watershed. Base this 
demonstration on either:

     Direct observation:

-A material that contains one or more hazardous substances has been seen 
entering surface water through migration or is known to have entered 
surface water through direct deposition, or
-A source area has been flooded at a time that hazardous substances were 
present, and one or more hazardous substances were in contact with the 
flood waters, or

-When evidence supports the inference of a release of a material that 
contains one or more hazardous substances by the site to surface water, 
demonstrated adverse effects associated with that release may also be 
used to establish an observed release.
     Chemical analysis:

-Analysis of surface water, benthic, or sediment samples indicates that 
the concentration of hazardous substance(s) has increased significantly 
above the background concentration for the site for that type of sample 
(see section 2.3).
    -Limit comparisons to similar types of samples and background 
concentrations--for example, compare surface water samples to surface 
water background concentrations.
    -For benthic samples, limit comparisons to essentially sessile 
organisms.
-Some portion of the significant increase must be attributable to the 
site to establish the observed release, except: when the site itself 
consists of contaminated sediments with no identified source, no 
separate attribution is required.
    If an observed release can be established for a watershed, assign an 
observed release factor value of 550 to that watershed, enter this value 
in table 4-1, and proceed to section 4.1.2.1.3. If no observed release 
can be established for the watershed, assign an observed release factor 
value of 0 to that watershed, enter this value in table 4-1, and proceed 
to section 4.1.2.1.2.
    4.1.2.1.2 Potential to release. Evaluate potential to release only 
if an observed release cannot be established for the watershed. Evaluate 
potential to release based on two components: potential to release by 
overland flow (see section 4.1.2.1.2.1) and potential to release by 
flood (see section 4.1.2.1.2.2). Sum the values for these two components 
to obtain the potential to release factor value for the watershed, 
subject to a maximum value of 500.
    4.1.2.1.2.1 Potential to release by overland flow. Evaluate 
potential to release by overland flow for the watershed based on three 
factors: containment, runoff, and distance to surface water.
    Assign potential to release by overland flow a value of 0 for the 
watershed if:
     No overland segment of the hazardous substance 
migration path can be defined for the watershed, or
     The overland segment of the hazardous substance 
migration path for the watershed exceeds 2 miles before surface water is 
encountered.

If either condition applies, enter a value of 0 in table 4-1 and proceed 
to section 4.1.2.1.2.2 to evaluate potential to release by flood. If 
neither applies, proceed to section 4.1.2.1.2.1.1 to evaluate potential 
to release by overland flow.
    4.1.2.1.2.1.1 Containment. Determine the containment factor value 
for the watershed as follows:
     If one or more sources is located in surface 
water in the watershed (for example, intact sealed drums in surface 
water), assign

[[Page 144]]

the containment factor a value of 10 for the watershed. Enter this value 
in table 4-1.
     If none of the sources is located in surface 
water in the watershed, assign a containment factor value from table 4-2 
to each source at the site that can potentially release hazardous 
substances to the hazardous substance migration path for this watershed. 
Assign the containment factor value for the watershed as follows:

-Select the highest containment factor value assigned to those sources 
that meet the minimum size requirement described below. Assign this 
highest value as the containment factor value for the watershed. Enter 
this value in table 4-1.
-If, for this watershed, no source at the site meets the minimum size 
requirement, then select the highest containment factor value assigned 
to the sources at the site eligible to be evaluated for this watershed 
and assign it as the containment factor value for the watershed. Enter 
this value in table 4-1.
    A source meets the minimum size requirement if its source hazardous 
waste quantity value (see section 2.4.2.1.5) is 0.5 or more. Do not 
include the minimum size requirement in evaluating any other factor of 
this surface water migration component, except potential to release by 
flood as specified in section 4.1.2.1.2.2.3.
    4.1.2.1.2.1.2 Runoff. Evaluate runoff based on three components: 
rainfall, drainage area, and soil group.

Table 4-2--Containment Factor Values for Surface Water Migration Pathway
------------------------------------------------------------------------
                     Source                           Assigned value
------------------------------------------------------------------------
 All Sources (Except Surface Impoundments, Land
       Treatment, Containers, and Tanks)
Evidence of hazardous substance migration from   10
 source area (i.e., source area includes source
 and any associated containment structures)..
No evidence of hazardous substance migration
 from source area and:
    (a) Neither of the following present: (1)    10
     maintained engineered cover, or (2)
     functioning and maintained run-on control
     system and runoff management system.
    (b) Any one of the two items in (a) present  9
    (c) Any two of the following present: (1)    7
     maintained engineered cover, or (2)
     functioning and maintained run-on control
     system and runoff management system, or
     (3) liner with functioning leachate
     collection and removal system immediately
     above liner.
    (d) All items in (c) present...............  5
    (e) All items in (c) present, plus no bulk   3
     or non-containerized liquids nor materials
     containing free liquids deposited in
     source area..
No evidence of hazardous substance migration
 from source area, double liner with
 functioning leachate collection and removal
 system above and between liners, and:
    (f) Only one of the following deficiencies   3
     present in containment: (1) bulk or
     noncontainerized liquids or materials
     containing free liquids deposited in
     source area, or (2) no or nonfunctioning
     or nonmaintained run-on control system and
     runoff management system, or (3) no or
     nonmaintained engineered cover.
    (g) None of the deficiencies in (f)          0
     present..
Source area inside or under maintained intact
 structure that provides protection from
 precipitation so that neither runoff nor
 leachate is generated, liquids or materials
 containing free liquids not deposited in
 source area, and functioning and maintained
 run-on control present.
 
              Surface Impoundment
  Evidence of hazardous substance migration      10
   from surface impoundment.
  Free liquids present with either no diking,    10
   unsound diking, or diking that is not
   regularly inspected and maintained.
  No evidence of hazardous substance migration
   from surface impoundment, free liquids
   present, sound diking that is regularly
   inspected and maintained, adequate
   freeboard, and:
    (a) No liner...............................  9
    (b) Liner..................................  7
    (c) Liner with functioning leachate          5
     collection and removal system below liner.
    (d) Double liner with functioning leachate   3
     collection and removal system between
     liners.
  No evidence of hazardous substance migration   Evaluate using All
   from surface impoundment and all free          Sources criteria (with
   liquids eliminated at closure (either by       no bulk or free
   removal of liquids or solidification of        liquids deposited).
   remaining wastes and waste residues).
 
                 Land Treatment
  Evidence of hazardous substance migration      10
   from land treatment zone.
  No functioning and maintained run-on control   10
   and runoff management system
 
  No evidence of hazardous substance migration
   from land treatment zone and:
    (a) Functioning and maintained run-on        7
     control and runoff management system.
    (b) Functioning and maintained run-on        5
     control and runoff management system, and
     vegetative cover established over entire
     land treatment area.

[[Page 145]]

 
    (c) Land treatment area maintained in        0
     compliance with 40 CFR 264.280.
 
                   Containers
  All containers buried........................  Evaluate using All
                                                  Sources criteria.
  Evidence of hazardous substance migration      10
   from container area (i.e., container area
   includes containers and any associated
   containment structures).
  No diking (or no similar structure)            10
   surrounding container area.
  Diking surrounding container area unsound or   10
   not regularly inspected and maintained.
  No evidence of hazardous substance migration   9
   from container area and container area
   surrounded by sound diking that is regularly
   inspected and maintained.
  No evidence of hazardous substance migration   9
   from container area, container area
   surrounded by sound diking that is regularly
   inspected and maintained, and:
    (a) Essentially impervious base under        7
     container area with liquids collection and
     removal system.
    (b) Containment system includes essentially  5
     impervious base, liquids collection
     system, sufficient capacity to contain 10
     percent of volume of all containers, and
     functioning and maintained run-on control;
     and spilled or leaked hazardous substances
     and accumulated precipitation removed in
     timely manner to prevent overflow of
     collection system, at least weekly
     inspection of containers, hazardous
     substances in leaking or deteriorating
     containers transferred to containers in
     good condition, and containers sealed
     except when waste is added or removed.
    (c) Free liquids present, containment        5
     system has sufficient capacity to hold
     total volume of all containers and to
     provide adequate freeboard, and single
     liner under container area with
     functioning leachate collection and
     removal system below liner.
    (d) Same as (c) except: double liner under   3
     container area with functioning leachate
     collection and removal system between
     liners.
  Containers inside or under maintained intact   0
   structure that provides protection from
   precipitation so that neither runoff nor
   leachate would be generated from any
   unsealed or ruptured containers, liquids or
   materials containing free liquids not
   deposited in any container, and functioning
   and maintained run-on control present.
  No evidence of hazardous substance migration   Evaluate using All
   from container area, containers leaking, and   Sources criteria (with
   all free liquids eliminated at closure         no bulk or free
   (either by removal of liquids or               liquids deposited).
   solidification of remaining wastes and waste
   residues).
 
                      Tank
Below-ground tank..............................  Evaluate using All
                                                  Sources criteria
  Evidence of hazardous substance migration      10
   from tank area (i.e., tank area includes
   tank, ancillary equipment such as piping,
   and any associated containment structures).
  No diking (or no similar structure)            10
   surrounding tank and ancillary equipment.
  Diking surrounding tank and ancillary          10
   equipment unsound or not regularly inspected
   and maintained.
  No evidence of hazardous substance migration    9
   from tank area and tank and ancillary
   equipment surrounded by sound diking that is
   regularly inspected and maintained.
  No evidence of hazardous substance migration
   from tank area, tank and ancillary equipment
   surrounded by sound diking that is regularly
   inspected and maintained, and:
    (a) Tank and ancillary equipment provided    7
     with secondary containment (e.g., liner
     under tank area, vault system, double-
     wall) with leak detection and collection
     system.
    (b) Tank and ancillary equipment provided    5
     with secondary containment system that
     detects and collects spilled or leaked
     hazardous substances and accumulated
     precipitation and has sufficient capacity
     to contain 110 percent of volume of
     largest tank within containment area,
     spilled or leaked hazardous substances and
     accumulated precipitation removed in a
     timely manner, at least weekly inspection
     of tank and secondary containment system,
     and all leaking or unfit-for-use tank
     systems promptly responded to.
    (c) Containment system has sufficient        5
     capacity to hold total volume of all tanks
     within the tank containment area and to
     provide adequate freeboard, and single
     liner under tank containment area with
     functioning leachate collection and
     removal system below liner.
    (d) Same as (c) except: double liner under   3
     tank containment area with functioning
     leachate collection and removal system
     between liners.
  Tank is above ground, and inside or under      0
   maintained intact structure that provides
   protection from precipitation so that
   neither runoff nor leachate would be
   generated from any material released from
   tank, liquids or materials containing free
   liquids not deposited in any tank, and
   functioning and maintained run-on control
   present.
------------------------------------------------------------------------

    Rainfall. Determine the 2-year, 24-hour rainfall for the site. Use 
site-specific, 2-year, 24-hour rainfall data if records are available 
for at least 20 years. If such site-specific data are not available, 
estimate the 2-year, 24-

[[Page 146]]

hour rainfall for the site from a rainfall-frequency map. Do not round 
the rainfall value to the nearest integer.
    Drainage area. Determine the drainage area for the sources at the 
site. Include in this drainage area both the source areas and the area 
upgradient of the sources, but exclude any portion of this drainage area 
for which runoff is diverted from entering the sources by storm sewers 
or run-on control and/or runoff management systems. Assign a drainage 
area value for the watershed from table 4-3.
    Soil group. Based on the predominant soil group within the drainage 
area described above, assign a soil group designation for the watershed 
from table 4-4 as follows:
     Select the predominant soil group as that type 
which comprises the largest total area within the applicable drainage 
area.
     If a predominant soil group cannot be delineated, 
select that soil group in the drainage area that yields the highest 
value for the runoff factor.
    Calculation of runoff factor value. Assign a combined rainfall/
runoff value for the watershed from table 4-5, based on the 2-year, 24-
hour rainfall and the soil group designation. Determine the runoff 
factor value for the watershed from table 4-6, based on the rainfall/
runoff and drainage area values. Enter the runoff factor value in table 
4-1.

                     Table 4-3--Drainage Area Values
------------------------------------------------------------------------
                                                               Assigned
                   Drainage area (acres)                        value
------------------------------------------------------------------------
Less than 50...............................................            1
50 to 250..................................................            2
Greater than 250 to 1,000..................................            3
Greater than 1,000.........................................            4
------------------------------------------------------------------------


                   Table 4-4--Soil Group Designations
------------------------------------------------------------------------
         Surface soil description              Soil group designation
------------------------------------------------------------------------
Coarse-textured soils with high             A
 infiltration rates (for example, sands,
 loamy sands).
Medium-textured soils with moderate         B
 infiltration rates (for example, sandy
 loams, loams).
Moderately fine-textured soils with low     C
 infiltration rates (for example, silty
 loams, silts, sandy clay loams).
Fine-textured soils with very low           D
 infiltration rates (for example, clays,
 sandy clays, silty clay loams, clay
 loams, silty clays); or impermeable
 surfaces (for example, pavement).
------------------------------------------------------------------------


                    Table 4-5--Rainfall/Runoff Values
------------------------------------------------------------------------
                                                Soil group designation
      2-Year, 24-hour rainfall (inches)      ---------------------------
                                                A      B      C      D
------------------------------------------------------------------------
Less than 1.0...............................      0      0      2      3
1.0 to less than 1.5........................      0      1      2      3
1.5 to less than 2.0........................      0      2      3      4
2.0 to less than 2.5........................      1      2      3      4
2.5 to less than 3.0........................      2      3      4      4
3.0 to less than 3.5........................      2      3      4      5
3.5 or greater..............................      3      4      5      6
------------------------------------------------------------------------


                     Table 4-6--Runoff Factor Values
------------------------------------------------------------------------
                                             Rainfall/runoff value
         Drainage area value          ----------------------------------
                                        0    1    2    3    4    5    6
------------------------------------------------------------------------
1....................................    0    0    0    1    1    1    1
2....................................    0    0    1    1    2    3    4
3....................................    0    0    1    3    7   11   15
4....................................    0    1    2    7   17   25   25
------------------------------------------------------------------------

    4.1.2.1.2.1.3 Distance to surface water. Evaluate the distance to 
surface water as the shortest distance, along the overland segment, from 
any source with a surface water containment factor value greater than 0 
to either the mean high water level for tidal waters or the mean water 
level for other surface waters. Based on this distance, assign a value 
from table 4-7 to the distance to surface water factor for the 
watershed. Enter this value in table 4-1.
    4.1.2.1.2.1.4 Calculation of factor value for potential to release 
by overland flow. Sum the factor values for runoff and distance to 
surface water for the watershed and multiply this sum by the factor 
value for containment. Assign the resulting product as the factor value 
for potential to release by overland flow for the watershed. Enter this 
value in table 4-1.
    4.1.2.1.2.2 Potential to release by flood. Evaluate potential to 
release by flood for each watershed as the product of two factors: 
containment (flood) and flood frequency. Evaluate potential to release 
by flood separately for each source that is within the watershed. 
Furthermore, for each source, evaluate potential to release by flood 
separately for each category of floodplain in which the source lies. 
(See section 4.1.2.1.2.2.2 for the applicable floodplain categories.) 
Calculate the value for the potential to release by flood factor as 
specified in 4.1.2.1.2.2.3.
    4.1.2.1.2.2.1 Containment (flood). For each source within the 
watershed, separately evaluate the containment (flood) factor for each 
category of floodplain in which the source is partially or wholly 
located. Assign a containment (flood) factor value from table 4-8 to 
each floodplain category applicable to that source. Assign a containment 
(flood) factor value of 0 to each floodplain category in which the 
source does not lie.
    4.1.2.1.2.2.2 Flood frequency. For each source within the watershed, 
separately

[[Page 147]]

evaluate the flood frequency factor for each category of floodplain in 
which the source is partially or wholly located. Assign a flood 
frequency factor value from table 4-9 to each floodplain category in 
which the source is located.
    4.1.2.1.2.2.3 Calculation of factor value for potential to release 
by flood. For each source within the watershed and for each category of 
floodplain in which the source is partially or wholly located, calculate 
a separate potential to release by flood factor value. Calculate this 
value as the product of the containment (flood) value and the flood 
frequency value applicable to the source for the floodplain category. 
Select the highest value calculated for those sources that meet the 
minimum size requirement specified in section 4.1.2.1.2.1.1 and assign 
it as the value for the potential to release by flood factor for the 
watershed. However, if, for this watershed, no source at the site meets 
the minimum size requirement, select the highest value calculated for 
the sources at the site eligible to be evaluated for this watershed and 
assign it as the value for this factor.

           Table 4-7--Distance to Surface Water Factor Values
------------------------------------------------------------------------
                                                               Assigned
                          Distance                              value
------------------------------------------------------------------------
Less than 100 feet.........................................           25
100 feet to 500 feet.......................................           20
Greater than 500 feet to 1,000 feet........................           16
Greater than 1,000 feet to 2,500 feet......................            9
Greater than 2,500 feet to 1.5 miles.......................            6
Greater than 1.5 miles to 2 miles..........................            3
------------------------------------------------------------------------


              Table 4-8--Containment (Flood) Factor Values
------------------------------------------------------------------------
                                                               Assigned
                    Containment criteria                        value
------------------------------------------------------------------------
Documentation that containment at the source is designed,              0
 constructed, operated, and maintained to prevent a washout
 of hazardous substances by the flood being evaluated......
Other......................................................           10
------------------------------------------------------------------------


                Table 4-9--Flood Frequency Factor Values
------------------------------------------------------------------------
                                                               Assigned
                    Floodplain category                         value
------------------------------------------------------------------------
Source floods annually.....................................           50
Source in 10-year floodplain...............................           50
Source in 100-year floodplain..............................           25
Source in 500-year floodplain..............................            7
None of above..............................................            0
------------------------------------------------------------------------

    Enter this highest potential to release by flood factor value for 
the watershed in table 4-1, as well as the values for containment 
(flood) and flood frequency that yield this highest value.
    4.1.2.1.2.3 Calculation of potential to release factor value. Sum 
the factor values assigned to the watershed for potential to release by 
overland flow and potential to release by flood. Assign this sum as the 
potential to release factor value for the watershed, subject to a 
maximum value of 500. Enter this value in table 4-1.
    4.1.2.1.3 Calculation of drinking water threat-likelihood of release 
factor category value. If an observed release is established for the 
watershed, assign the observed release factor value of 550 as the 
likelihood of release factor category value for that watershed. 
Otherwise, assign the potential to release factor value for that 
watershed as the likelihood of release factor category value for that 
watershed. Enter the value assigned in table 4-1.
    4.1.2.2 Drinking water threat-waste characteristics. Evaluate the 
waste characteristics factor category for each watershed based on two 
factors: toxicity/persistence and hazardous waste quantity. Evaluate 
only those hazardous substances that are available to migrate from the 
sources at the site to surface water in the watershed via the overland/
flood hazardous substance migration path for the watershed (see section 
4.1.1.1). Such hazardous substances include:
     Hazardous substances that meet the criteria for 
an observed release to surface water in the watershed.
     All hazardous substances associated with a source 
that has a surface water containment factor value greater than 0 for the 
watershed (see sections 2.2.2, 2.2.3, 4.1.2.1.2.1.1, and 4.1.2.1.2.2.1).
    4.1.2.2.1 Toxicity/persistence. For each hazardous substance, assign 
a toxicity factor value, a persistence factor value, and a combined 
toxicity/persistence factor value as specified in sections 4.1.2.2.1.1 
through 4.1.2.2.1.3. Select the toxicity/persistence factor value for 
the watershed as specified in section 4.1.2.2.1.3.
    4.1.2.2.1.1 Toxicity. Assign a toxicity factor value to each 
hazardous substance as specified in section 2.4.1.1.
    4.1.2.2.1.2 Persistence. Assign a persistence factor value to each 
hazardous substance. In assigning this value, evaluate persistence based 
primarily on the half-life of the hazardous substance in surface water 
and secondarily on the sorption of the hazardous substance to sediments. 
The half-life in surface water is defined for HRS purposes as the time 
required to reduce the initial concentration in surface water by one-
half as a result of the combined decay processes of biodegradation, 
hydrolysis, photolysis, and volatilization. Sorption to sediments is 
evaluated for the HRS based on the logarithm of the n-octanol-water 
partition coefficient (log Kow) of the hazardous substance.

[[Page 148]]

    Estimate the half-life (t1/2) of a hazardous substance as 
follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.149

where:

h=Hydrolysis half-life.
b=Biodegradation half-life.
p=Photolysis half-life.
v=Volatilization half-life.

    If one or more of these four component half-lives cannot be 
estimated for the hazardous substance from available data, delete that 
component half-life from the above equation. If none of these four 
component half-lives can be estimated for the hazardous substance from 
available data, use the default procedure indicated below. Estimate a 
half-life for the hazardous substance for lakes or for rivers, oceans, 
coastal tidal waters, and Great Lakes, as appropriate.
    If a half-life can be estimated for a hazardous substance:
     Assign that hazardous substance a persistence 
factor value from the appropriate portion of table 4-10 (that is lakes; 
or rivers, oceans, coastal tidal waters, and Great Lakes).
     Select the appropriate portion of table 4-10 as 
follows:

-If there is one or more drinking water intakes along the hazardous 
substance migration path for the watershed, select the nearest drinking 
water intake as measured from the probable point of entry. If the in-
water segment between the probable point of entry and this selected 
intake includes both lakes and other water bodies, use the lakes portion 
of table 4-10 only if more than half the distance to this selected 
intake lies in lake(s). Otherwise, use the rivers, oceans, coastal tidal 
waters, and Great Lakes portion of table 4-10. For contaminated 
sediments with no identified source, use the point where measurement 
begins (see section 4.1.1.2) rather than the probable point of entry.
-If there are no drinking water intakes but there are intakes or points 
of use for any of the resource types listed in section 4.1.2.3.3, select 
the nearest such intake or point of use. Select the portion of table 4-
10 based on this intake or point of use in the manner specified for 
drinking water intakes.
-If there are no drinking water intakes and no specified resource 
intakes and points of use, but there is another type of resource listed 
in section 4.1.2.3.3 (for example, the water is usable for drinking 
water purposes even though not used), select the portion of table 4-10 
based on the nearest point of this resource in the manner specified for 
drinking water intakes.

            Table 4-10--Persistence Factor Values--Half-Life
------------------------------------------------------------------------
                                                               Assigned
   Surface water category       Substance half-life (days)     value \a\
------------------------------------------------------------------------
Rivers, oceans, coastal       Less than or equal to 0.2.....      0.0007
 tidal waters, and Great      Greater than 0.2 to 0.5.......        0.07
 Lakes                        Greater than 0.5 to 1.5.......         0.4
                              Greater than 1.5..............           1
------------------------------------------------------------------------
Lakes                         Less than or equal to 0.02....      0.0007
                              Greater than 0.02 to 2........        0.07
                              Greater than 2 to 20..........         0.4
                              Greater than 20...............           1
------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    If a half-life cannot be estimated for a hazardous substance from 
available data, use the following default procedure to assign a 
persistence factor value to that hazardous substance:
     For those hazardous substances that are metals 
(or metalloids), assign a persistence factor value of 1 as a default for 
all surface water bodies.
     For other hazardous substances (both organic and 
inorganic), assign a persistence factor value of 0.4 as a default for 
rivers, oceans, coastal tidal waters, and Great Lakes, and a persistence 
factor value of 0.07 as a default for lakes. Select the appropriate 
value in the same manner specified for using table 4-10.

    Use the persistence factor value assigned based on half-life or the 
default procedure unless the hazardous substance can be assigned a 
higher factor value from Table 4-11, based on its Log Kow. If 
a higher value can be assigned from table 4-11, assign this higher value 
as the persistence factor value for the hazardous substance.

[[Page 149]]



             Table 4-11--Persistence Factor Values--Log Kow
------------------------------------------------------------------------
                                                                Assigned
                           Log Kow                             value \a\
------------------------------------------------------------------------
Less than 3.5................................................     0.0007
3.5 to less than 4.0.........................................       0.07
4.0 to 4.5...................................................        0.4
Greater than 4.5.............................................         1
------------------------------------------------------------------------
\a\ Use for lakes, rivers, oceans, coastal tidal waters, and Great
  Lakes. Do not round to nearest integer.

    4.1.2.2.1.3 Calculation of toxicity/persistence factor value. Assign 
each hazardous substance a toxicity/persistence factor value from table 
4-12, based on the values assigned to the hazardous substance for the 
toxicity and persistence factors. Use the hazardous substance with the 
highest toxicity/persistence factor value for the watershed to assign 
the toxicity/persistence factor value for the drinking water threat for 
the watershed. Enter this value in table 4-1.
    4.1.2.2.2 Hazardous waste quantity. Assign a hazardous waste 
quantity factor value for the watershed as specified in section 2.4.2. 
Enter this value in table 4-1.
    4.1.2.2.3 Calculation of drinking water threat-waste characteristics 
factor category value. Multiply the toxicity/persistence and hazardous 
waste quantity factor values for the watershed, subject to a maximum 
product of 1x10\8\. Based on this product, assign a value from table 2-7 
(section 2.4.3.1) to the drinking water threat-waste characteristics 
factor category for the watershed. Enter this value in table 4-1.

                               Table 4-12--Toxicity/Persistence Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                                           Toxicity factor value
                Persistence factor value                 -------------------------------------------------------
                                                            10,000     1,000       100       10         1      0
----------------------------------------------------------------------------------------------------------------
1.0.....................................................     10,000      1,000       100        10         1   0
0.4.....................................................      4,000        400        40         4       0.4   0
0.07....................................................        700         70         7       0.7      0.07   0
0.0007..................................................          7        0.7      0.07     0.007    0.0007  0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    4.1.2.3 Drinking water threat-targets. Evaluate the targets factor 
category for each watershed based on three factors: nearest intake, 
population, and resources.
    To evaluate the nearest intake and population factors, determine 
whether the target surface water intakes are subject to actual or 
potential contamination as specified in section 4.1.1.2. Use either an 
observed release based on direct observation at the intake or the 
exposure concentrations from samples (or comparable samples) taken at or 
beyond the intake to make this determination (see section 4.1.2.1.1). 
The exposure concentrations for a sample (that is, surface water, 
benthic, or sediment sample) consist of the concentrations of those 
hazardous substances present that are significantly above background 
levels and attributable at least in part to the site (that is, those 
hazardous substance concentrations that meet the criteria for an 
observed release).
    When an intake is subject to actual contamination, evaluate it using 
Level I concentrations or Level II concentrations. If the actual 
contamination is based on an observed release by direct observation, use 
Level II concentrations for that intake. However, if the actual 
contamination is based on an observed release from samples, determine 
which level applies for the intake by comparing the exposure 
concentrations from samples (or comparable samples) to health-based 
benchmarks as specified in sections 2.5.1 and 2.5.2. Use the health-
based benchmarks from table 3-10 (section 3.3.1) in determining the 
level of contamination from samples. For contaminated sediments with no 
identified source, evaluate the actual contamination using Level II 
concentrations (see section 4.1.1.2).
    4.1.2.3.1 Nearest intake. Evaluate the nearest intake factor based 
on the drinking water intakes along the overland/flood hazardous 
substance migration path for the watershed. Include standby intakes in 
evaluating this factor only if they are used for supply at least once a 
year.
    Assign the nearest intake factor a value as follows and enter the 
value in table 4-1:
     If one or more of these drinking water intakes is 
subject to Level I concentrations as specified in section 4.1.2.3, 
assign a factor value of 50.
     If not, but if one or more of these drinking 
water intakes is subject to Level II concentrations, assign a factor 
value of 45.
     If none of these drinking water intakes is 
subject to Level I or Level II concentrations, determine the nearest of 
these drinking water intakes, as measured from the probable point of 
entry (or from the point where measurement begins for contaminated 
sediments with no identified source). Assign a dilution weight from 
table 4-13 to this intake, based on the type of surface water body in 
which it is located. Multiply this dilution weight by 20, round the 
product to the nearest integer, and assign it as the factor value.

[[Page 150]]

    Assign the dilution weight from table 4-13 as follows:

                                   Table 4-13--Surface Water Dilution Weights
----------------------------------------------------------------------------------------------------------------
                                   Type of surface water body \a\                                      Assigned
----------------------------------------------------------------------------------------------------   dilution
                            Descriptor                                   Flow characteristics         weight \b\
----------------------------------------------------------------------------------------------------------------
Minimal stream...................................................  Less than 10 cfs \c\............            1
Small to moderate stream.........................................  10 to 100 cfs...................          0.1
Moderate to large stream.........................................  Greater than 100 to 1,000 cfs...         0.01
Large stream to river............................................  Greater than 1,000 to 10,000 cfs        0.001
Large river......................................................  Greater than 10,000 to 100,000         0.0001
                                                                    cfs.
Very large river.................................................  Greater than 100,000 cfs........      0.00001
Coastal tidal waters \d\.........................................  Flow not applicable, depth not         0.0001
                                                                    applicable.
Shallow ocean zone \e\ or Great Lake.............................  Flow not applicable, depth less        0.0001
                                                                    than 20 feet.
Moderate depth ocean zone \e\ or Great Lake......................  Flow not applicable, depth 20 to      0.00001
                                                                    200 feet.
Deep ocean zone \e\ or Great Lake................................  Flow not applicable, depth           0.000005
                                                                    greater than 200 feet.
3-mile mixing zone in quiet flowing river........................  10 cfs or greater...............          0.5
----------------------------------------------------------------------------------------------------------------
\a\ Treat each lake as a separate type of water body and assign a dilution weight as specified in text.
\b\ Do not round to nearest integer.
\c\ cfs = cubic feet per second.
\d\ Embayments, harbors, sounds, estuaries, back bays, lagoons, wetlands, etc., seaward from mouths of rivers
  and landward from baseline of Territorial Sea.
\e\ Seaward from baseline of Territorial Sea. This baseline represents the generalized U.S. coastline. It is
  parallel to the seaward limit of the Territorial Sea and other maritime limits such as the inner boundary of
  the Federal fisheries jurisdiction and the limit of States jurisdiction under the Submerged Lands Act, as
  amended.

     For a river (that is, surface water body types 
specified in table 4-13 as minimal stream through very large river), 
assign a dilution weight based on the average annual flow in the river 
at the intake. If available, use the average annual discharge as defined 
in the U.S. Geological Survey Water Resources Data Annual Report. 
Otherwise, estimate the average annual flow.
     For a lake, assign a dilution weight as follows:

-For a lake that has surface water flow entering the lake, assign a 
dilution weight based on the sum of the average annual flows for the 
surface water bodies entering the lake up to the point of the intake.
-For a lake that has no surface water flow entering, but that does have 
surface water flow leaving, assign a dilution weight based on the sum of 
the average annual flows for the surface water bodies leaving the lake.
-For a closed lake (that is, a lake without surface water flow entering 
or leaving), assign a dilution weight based on the average annual ground 
water flow into the lake, if available, using the dilution weight for 
the corresponding river flow rate in table 4-13. If not available, 
assign a default dilution weight of 1.
     For the ocean and the Great Lakes, assign a 
dilution weight based on depth.
     For coastal tidal waters, assign a dilution 
weight of 0.0001; do not consider depth or flow.
     For a quiet-flowing river that has average annual 
flow of 10 cubic feet per second (cfs) or greater and that contains the 
probable point of entry to surface water, apply a zone of mixing in 
assigning the dilution weight:

-Start the zone of mixing at the probable point of entry and extend it 
for 3 miles from the probable point of entry, except: if the surface 
water characteristics change to turbulent within this 3-mile distance, 
extend the zone of mixing only to the point at which the change occurs.
-Assign a dilution weight of 0.5 to any intake that lies within this 
zone of mixing.
-Beyond this zone of mixing, assign a dilution weight the same as for 
any other river (that is, assign the dilution weight based on average 
annual flow).
-Treat a quiet-flowing river with an average annual flow of less than 10 
cfs the same as any other river (that is, assign it a dilution weight of 
1).

In those cases where water flows from a surface water body with a lower 
assigned dilution weight (from table 4-13) to a surface water body with 
a higher assigned dilution weight (that is, water flows from a surface 
water body with more dilution to one with less dilution), use the lower 
assigned dilution weight as the dilution weight for the latter surface 
water body.
    4.1.2.3.2 Population. In evaluating the population factor, include 
only persons served by drinking water drawn from intakes that are along 
the overland/flood hazardous substance migration path for the watershed 
and that are within the target distance limit specified in section 
4.1.1.2. Include residents, students, and workers who regularly use the 
water. Exclude transient populations such as customers and travelers 
passing through the area. When a standby intake is maintained

[[Page 151]]

on a regular basis so that water can be withdrawn, include it in 
evaluating the population factor.
    In estimating residential population, when the estimate is based on 
the number of residences, multiply each residence by the average number 
of persons per residence for the county in which the residence is 
located.
    In estimating the population served by an intake, if the water from 
the intake is blended with other water (for example, water from other 
surface water intakes or ground water wells), apportion the total 
population regularly served by the blended system to the intake based on 
the intake's relative contribution to the total blended system. In 
estimating the intake's relative contribution, assume each well or 
intake contributes equally and apportion the population accordingly, 
except: if the relative contribution of any one intake or well exceeds 
40 percent based on average annual pumpage or capacity, estimate the 
relative contribution of the wells and intakes considering the following 
data, if available:
     Average annual pumpage from the ground water 
wells and surface water intakes in the blended system.
     Capacities of the wells and intakes in the 
blended system.

    For systems with standby surface water intakes or standby ground 
water wells, apportion the total population regularly served by the 
blended system as described above, except:
     Exclude standby ground water wells in 
apportioning the population.
     When using pumpage data for a standby surface 
water intake, use average pumpage for the period during which the 
standby intake is used rather than average annual pumpage.
     For that portion of the total population that 
could be apportioned to a standby surface water intake, assign that 
portion of the population either to that standby intake or to the other 
surface water intake(s) and ground water well(s) that serve that 
population; do not assign that portion of the population both to the 
standby intake and to the other intake(s) and well(s) in the blended 
system. Use the apportioning that results in the highest population 
factor value. (Either include all standby intake(s) or exclude some or 
all of the standby intake(s) as appropriate to obtain this highest 
value.) Note that the specific standby intake(s) included or excluded 
and, thus, the specific apportioning may vary in evaluating different 
watersheds and in evaluating the ground water pathway.
    4.1.2.3.2.1 Level of contamination. Evaluate the population factor 
based on three factors: Level I concentrations, Level II concentrations, 
and potential contamination. Determine which factor applies for an 
intake as specified in section 4.1.2.3. Evaluate intakes subject to 
Level I concentration as specified in section 4.1.2.3.2.2, intakes 
subject to Level II concentration as specified in section 4.1.2.3.2.3, 
and intakes subject to potential contamination as specified in section 
4.1.2.3.2.4.
    For the potential contamination factor, use population ranges in 
evaluating the factor as specified in section 4.1.2.3.2.4. For the Level 
I and Level II concentrations factors, use the population estimate, not 
population ranges, in evaluating both factors.
    4.1.2.3.2.2 Level I concentrations. Sum the number of people served 
by drinking water from intakes subject to Level I concentrations. 
Multiply this sum by 10. Assign this product as the value for this 
factor. Enter this value in table 4-1.
    4.1.2.3.2.3 Level II concentrations. Sum the number of people served 
by drinking water from intakes subject to Level II concentrations. Do 
not include people already counted under the Level I concentrations 
factor. Assign this sum as the value for this factor. Enter this value 
in table 4-1.
    4.1.2.3.2.4 Potential contamination. For each applicable type of 
surface water body in table 4-14, first determine the number of people 
served by drinking water from intakes subject to potential contamination 
in that type of surface water body. Do not include those people already 
counted under the Level I and Level II concentrations factors.

[[Page 152]]



                                   Table 4-14--Dilution-Weighted Population Values for Potential Contamination Factor For Surface Water Migration Pathway \a\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Number of people
                                                 -----------------------------------------------------------------------------------------------------------------------------------------------
         Type of surface water body \b\                                                                                            10,001    30,001    100,001   300,001   1,000,001   3,000,001
                                                      0      1 to 10  11 to 30    31 to    101 to    301 to   1,001 to  3,001 to     to        to        to         to         to         to
                                                                                   100       300      1,000     3,000    10,000    30,000    100,000   300,000  1,000,000  3,000,000  10,000,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimal stream (<10 cfs)........................         0         4        17        53       164       522     1,633     5,214    16,325    52,137   163,246    521,360  1,632,455   5,213,590
Small to moderate stream (10 to 100 cfs)........         0       0.4         2         5        16        52       163       521     1,633     5,214    16,325     52,136    163,245     521,359
Moderate to large stream (100 to              0      0.04       0.2       0.5         2         5        16        52       163       521     1,633      5,214     16,325      52,136
 1,000 cfs).....................................
Large stream to river (1,000 to               0     0.004      0.02      0.05       0.2       0.5         2         5        16        52       163        521      1,632       5,214
 10,000 cfs)....................................
Large river (10,000 to 100,000 cfs)..         0         0     0.002     0.005      0.02      0.05       0.2       0.5         2         5        16         52        163         521
Very large river (100,000 cfs).......         0         0         0     0.001     0.002     0.005      0.02      0.05       0.2       0.5         2          5         16          52
Shallow ocean zone or Great Lake (depth <20              0         0     0.002     0.005      0.02      0.05       0.2       0.5         2         5        16         52        163         521
 feet)..........................................
Moderate ocean zone or Great Lake (depth 20 to           0         0         0     0.001     0.002     0.005      0.02      0.05       0.2       0.5         2          5         16          52
 200 feet)......................................
Deep ocean zone or Great Lakes (depth 200 feet)...................................
3-mile mixing zone in quiet flowing river (=10 cfs)................................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Round the number of people to nearest integer. Do not round the assigned dilution-weighted population value to nearest integer.
\b\ Treat each lake as a separate type of water body and assign it a dilution-weighted population value using the surface water body type with the same dilution-weighted from table 4-13 as the
  lake. If drinking water is withdrawn from coastal tidal water or the ocean, assign a dilution-weighted population value to it using the surface water body type with the same dilution weight
  from table 4-13 as the coastal tidal water or the ocean zone.


[[Page 153]]

    For each type of surface water body, assign a dilution-weighted 
population value from table 4-14, based on the number of people included 
for that type of surface water body. (Note that the dilution-weighted 
population values in table 4-14 incorporate the dilution weights from 
table 4-13. Do not multiply the values from table 4-14 by these dilution 
weights.)
    Calculate the value for the potential contamination factor (PC) for 
the watershed as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.150

where:

Wi=Dilution-weighted population from table 4-14 for surface 
water body type i.
n=Number of different surface water body types in the watershed.
    If PC is less than 1, do not round it to the nearest integer; if PC 
is 1 or more, round to the nearest integer. Enter this value for the 
potential contamination factor in table 4-1.
    4.1.2.3.2.5 Calculation of population factor value. Sum the factor 
values for Level I concentrations, Level II concentrations, and 
potential contamination. Do not round this sum to the nearest integer. 
Assign this sum as the population factor value for the watershed. Enter 
this value in table 4-1.
    4.1.2.3.3 Resources. To evaluate the resources factor for the 
watershed, select the highest value below that applies to the watershed. 
Assign this value as the resources factor value for the watershed. Enter 
this value in table 4-1.
    Assign a value of 5 if, within the in-water segment of the hazardous 
substance migration path for the watershed, the surface water is used 
for one or more of the following purposes:
     Irrigation (5 acre minimum) of commercial food 
crops or commercial forage crops.
     Watering of commercial livestock.
     Ingredient in commercial food preparation.
     Major or designated water recreation area, 
excluding drinking water use.
    Assign a value of 5 if, within the in-water segment of the hazardous 
substance migration path for the watershed, the surface water is not 
used for drinking water, but either of the following applies:
     Any portion of the surface water is designated by 
a State for drinking water use under section 305(a) of the Clean Water 
Act, as amended.
     Any portion of the surface water is usable for 
drinking water purposes.

    Assign a value of 0 if none of the above applies.
    4.1.2.3.4 Calculation of drinking water threat-targets factor 
category value. Sum the nearest intake, population, and resources factor 
values for the watershed. Do not round this sum to the nearest integer. 
Assign this sum as the drinking water threat-targets factor category 
value for the watershed. Enter this value in table 4-1.
    4.1.2.4 Calculation of the drinking water threat score for a 
watershed. Multiply the drinking water threat factor category values for 
likelihood of release, waste char-
acteristics, and targets for the watershed, and round the product to the 
nearest integer. Then divide by 82,500. Assign the resulting value, 
subject to a maximum of 100, as the drinking water threat score for the 
watershed. Enter this value in table 4-1.
    4.1.3 Human food chain threat. Evaluate the human food chain threat 
for each watershed based on three factor categories: likelihood of 
release, waste characteristics, and targets.
    4.1.3.1 Human food chain threat-likelihood of release. Assign the 
same likelihood of release factor category value for the human food 
chain threat for the watershed as would be assigned in section 4.1.2.1.3 
for the drinking water threat. Enter this value in table 4-1.
    4.1.3.2 Human food chain threat-waste characteristics. Evaluate the 
waste characteristics factor category for each watershed based on two 
factors: toxicity/persistence/bioaccumulation and hazardous waste 
quantity.
    4.1.3.2.1 Toxicity/persistence/bioaccumulation. Evaluate all those 
hazardous substances eligible to be evaluated for toxicity/persistence 
in the drinking water threat for the watershed (see section 4.1.2.2).
    4.1.3.2.1.1 Toxicity. Assign a toxicity factor value to each 
hazardous substance as specified in section 2.4.1.1.
    4.1.3.2.1.2 Persistence. Assign a persistence factor value to each 
hazardous substance as specified for the drinking water threat (see 
section 4.1.2.2.1.2), except: use the predominant water category (that 
is, lakes; or rivers, oceans, coastal tidal waters, or Great Lakes) 
between the probable point of entry and the nearest fishery (not the 
nearest drinking water or resources intake) along the hazardous 
substance migration path for the watershed to determine which portion of 
table 4-10 to use. Determine the predominant water category based on 
distance as specified in section 4.1.2.2.1.2. For contaminated sediments 
with no identified source, use the point where measurement begins rather 
than the probable point of entry.
    4.1.3.2.1.3 Bioaccumulation potential. Use the following data 
hierarchy to assign a bioaccumulation potential factor value to each 
hazardous substance:
     Bioconcentration factor (BCF) data.
     Logarithm of the n-octanol-water partition 
coefficient (log Kow) data.
     Water solubility data.


[[Page 154]]


Assign a bioaccumulation potential factor value to each hazardous 
substance from table 4-15.
    If BCF data are available for any aquatic human food chain organism 
for the substance being evaluated, assign the bioaccumulation potential 
factor value to the hazardous substance as follows:
     If BCF data are available for both fresh water 
and salt water for the hazardous substance, use the BCF data that 
correspond to the type of water body (that is, fresh water or salt 
water) in which the fisheries are located to assign the bioaccumulation 
potential factor value to the hazardous substance.
     If, however, some of the fisheries being 
evaluated are in fresh water and some are in salt water, or if any are 
in brackish water, use the BCF data that yield the higher factor value 
to assign the bioaccumulation potential factor value to the hazardous 
substance.
     If BCF data are available for either fresh water 
or salt water, but not for both, use the available BCF data to assign 
the bioaccumulation potential factor value to the hazardous substance.
    If BCF data are not available for the hazardous substance, use log 
Kow data to assign a bioaccumulation potential factor value 
to organic substances, but not to inorganic substances. If BCF data are 
not available, and if either log Kow data are not available, 
the log Kow is available but exceeds 6.0, or the substance is 
an inorganic substance, use water solubility data to assign a 
bioaccumulation potential factor value.

         Table 4-15--Bioaccumulation Potential Factor Values \a\
   If bioconcentration factor (BCF) data are available for any aquatic
        human food chain organism, assign a value as follows: \b\
------------------------------------------------------------------------
                                                                Assigned
                             BCF                                 value
------------------------------------------------------------------------
Greater than or equal to 10,000..............................     50,000
1,000 to less than 10,000....................................      5,000
100 to less than 1,000.......................................        500
10 to less than 100..........................................         50
1 to less than 10............................................          5
Less than 1..................................................        0.5
------------------------------------------------------------------------

If BCF data are not available, and log Kow data are available 
and do not exceed 6.0, assign a value to an organic hazardous substance 
as follows (for inorganic hazardous substances, skip this step and 
proceed to the next):

------------------------------------------------------------------------
                                                                Assigned
                           Log Kow                               value
------------------------------------------------------------------------
5.5 to 6.0...................................................     50,000
4.5 to less than 5.5.........................................      5,000
3.2 to less than 4.5.........................................        500
2.0 to less than 3.2.........................................         50
0.8 to less than 2.0.........................................          5
Less than 0.8................................................        0.5
------------------------------------------------------------------------

If BCF data are not available, and if either Log Kow data are 
not available, a log Kow is available but exceeds 6.0, or the 
substance is an inorganic substance, assign a value as follows:

   Table 4-15--Bioaccumulation Potential Factor Values \a\--Concluded
------------------------------------------------------------------------
                                                                Assigned
                   Water solubility (mg/l)                       value
------------------------------------------------------------------------
Less than 25.................................................     50,000
25 to 500....................................................      5,000
Greater than 500 to 1,500....................................        500
Greater than 1,500...........................................        0.5
------------------------------------------------------------------------
If none of these data are available, assign a value of 0.5.
------------------------------------------------------------------------
\a\ Do not round to nearest integer.
\b\ See text for use of freshwater and saltwater BCF data.
 

Do not distinguish between fresh water and salt water in assigning the 
bioaccumulation potential factor value based on log Kow or 
water solubility data.
    If none of these data are available, assign the hazardous substance 
a bioaccumulation potential factor value of 0.5.
    4.1.3.2.1.4 Calculation of toxicity/persistence/bioaccumulation 
factor value. Assign each hazardous substance a toxicity/persistence 
factor value from table 4-12, based on the values assigned to the 
hazardous substance for the toxicity and persistence factors. Then 
assign each hazardous substance a toxicity/persistence/bioaccumulation 
factor value from table 4-16, based on the values assigned for the 
toxicity/persistence and bioaccumulation potential factors. Use the 
hazardous substance with the highest toxicity/persistence/
bioaccumulation factor value for the watershed to assign the value to 
this factor. Enter this value in table 4-1.

                       Table 4-16--Toxicity/Persistence/Bioaccumulation Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                             Bioaccumulation potential factor value
       Toxicity persistence factor value       -----------------------------------------------------------------
                                                  50,000     5,000       500         50         5         0.5
----------------------------------------------------------------------------------------------------------------
10,000........................................    5x10\8\    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000
4,000.........................................    2x10\8\    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000
1,000.........................................    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000        500
700...........................................  3.5x10\7\  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350
400...........................................    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000        200
100...........................................    5x10\6\    5x10\5\    5x10\4\      5,000        500         50
70............................................  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350         35
40............................................    2x10\6\    2x10\5\    2x10\4\      2,000        200         20

[[Page 155]]

 
10............................................    5x10\5\    5x10\4\      5,000        500         50          5
7.............................................  3.5x10\5\  3.5x10\4\      3,500        350         35        3.5
4.............................................    2x10\5\    2x10\4\      2,000        200         20          2
1.............................................    5x10\4\      5,000        500         50          5        0.5
0.7...........................................  3.5x10\4\      3,500        350         35        3.5       0.35
0.4...........................................    2x10\4\      2,000        200         20          2        0.2
0.07..........................................      3,500        350         35        3.5       0.35      0.035
0.007.........................................        350         35        3.5       0.35      0.035     0.0035
0.0007........................................         35        3.5       0.35      0.035     0.0035    0.00035
0.............................................          0          0          0          0          0          0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    4.1.3.2.2 Hazardous waste quantity. Assign the same factor value for 
hazardous waste quantity for the watershed as would be assigned in 
section 4.1.2.2.2 for the drinking water threat. Enter this value in 
table 4-1.
    4.1.3.2.3 Calculation of human food chain threat-waste 
characteristics factor category value. For the hazardous substance 
selected for the watershed in section 4.1.3.2.1.4, use its toxicity/
persistence factor value and bioaccumulation potential factor value as 
follows to assign a value to the waste characteristics factor category. 
First, multiply the toxicity/persistence factor value and the hazardous 
waste quantity factor value for the watershed, subject to a maximum 
product of 1x10\8\. Then multiply this product by the bioaccumulation 
potential factor value for this hazardous substance, subject to a 
maximum product of 1x10\12\. Based on this second product, assign a 
value from Table 2-7 (section 2.4.3.1) to the human food chain threat-
waste characteristics factor category for the watershed. Enter this 
value in table 4-1.
    4.1.3.3 Human food chain threat-targets. Evaluate two target factors 
for each watershed: food chain individual and population. For both 
factors, determine whether the target fisheries are subject to actual or 
potential human food chain contamination.
    Consider a fishery (or portion of a fishery) within the target 
distance limit of the watershed to be subject to actual human food chain 
contamination if any of the following apply:
     A hazardous substance having a bioaccumulation 
potential factor value of 500 or greater is present either in an 
observed release by direct observation to the watershed or in a surface 
water or sediment sample from the watershed at a level that meets the 
criteria for an observed release to the watershed from the site, and at 
least a portion of the fishery is within the boundaries of the observed 
release (that is, it is located either at the point of direct 
observation or at or between the probable point of entry and the most 
distant sampling point establishing the observed release).
     The fishery is closed, and a hazardous substance 
for which the fishery has been closed has been documented in an observed 
release to the watershed from the site, and at least a portion of the 
fishery is within the boundaries of the observed release.
     A hazardous substance is present in a tissue 
sample from an essentially sessile, benthic, human food chain organism 
from the watershed at a level that meets the criteria for an observed 
release to the watershed from the site, and at least a portion of the 
fishery is within the boundaries of the observed release.

    For a fishery that meets any of these three criteria, but that is 
not wholly within the boundaries of the observed release, consider only 
the portion of the fishery that is within the boundaries of the observed 
release to be subject to actual human food chain contamination. Consider 
the remainder of the fishery within the target distance limit to be 
subject to potential food chain contamination.
    In addition, consider all other fisheries that are partially or 
wholly within the target distance limit for the watershed, including 
fisheries partially or wholly within the boundaries of an observed 
release for the watershed that do not meet any of the three criteria 
listed above, to be subject to potential human food chain contamination. 
If only a portion of the fishery is within the target distance limit for 
the watershed, include only that portion in evaluating the targets 
factor category.
    When a fishery (or portion of a fishery) is subject to actual food 
chain contamination, determine the part of the fishery subject to Level 
I concentrations and the part subject to Level II concentrations. If the 
actual food chain contamination is based on direct observation, evaluate 
it using Level II concentrations. However, if the actual food chain 
contamination is based on samples from the watershed, use these samples 
and, if available, additional tissue samples from aquatic human food 
chain organisms as specified below, to determine the part subject to

[[Page 156]]

Level I concentrations and the part subject to Level II concentrations:
     Determine the level of actual contamination from 
samples (including tissue samples from essentially sessile, benthic 
organisms) that meet the criteria for actual food chain contamination by 
comparing the exposure concentrations (see section 4.1.2.3) from these 
samples (or comparable samples) to the health-based benchmarks from 
table 4-17, as described in section 2.5.1 and 2.5.2. Use only the 
exposure concentrations for those hazardous substances in the sample (or 
comparable samples) that meet the criteria for actual contamination of 
the fishery.
     In addition, determine the level of actual 
contamination from other tissue samples by comparing the concentrations 
of hazardous substances in the tissue samples (or comparable tissue 
samples) to the health-based benchmarks from table 4-17, as described in 
sections 2.5.1 and 2.5.2. Use only those additional tissue samples and 
only those hazardous substances in the tissue samples that meet all the 
following criteria:
-The tissue sample is from a location that is within the boundaries of 
the actual food chain contamination for the site (that is, either at the 
point of direct observation or at or between the probable point of entry 
and the most distant sample point meeting the criteria for actual food 
chain contamination).
-The tissue sample is from a species of aquatic human food chain 
organism that spends extended periods of time within the boundaries of 
the actual food chain contamination for the site and that is not an 
essentially sessile, benthic organism.
-The hazardous substance is a substance that is also present in a 
surface water, benthic, or sediment sample from within the target 
distance limit for the watershed and, for such a sample, meets the 
criteria for actual food chain contamination.

 Table 4-17--Health-Based Benchmarks for Hazardous Substances in Human 
                               Food Chain

     Concentration corresponding to Food and Drug 
Administration Action Level (FDAAL) for fish or shellfish.
     Screening concentration for cancer corresponding 
to that concentration that corresponds to the 10-6 individual 
cancer risk for oral exposures.
     Screening concentration for noncancer 
toxicological responses corresponding to the Reference Dose (RfD) for 
oral exposures.

    4.1.3.3.1 Food chain individual. Evaluate the food chain individual 
factor based on the fisheries (or portions of fisheries) within the 
target distance limit for the watershed. Assign this factor a value as 
follows:
     If any fishery (or portion of a fishery) is 
subject to Level I concentrations, assign a value of 50.
     If not, but if any fishery (or portion of a 
fishery) is subject to Level II concentrations, assign a value of 45.
     If not, but if there is an observed release of a 
hazardous substance having a bioaccumulation potential factor value of 
500 or greater to surface water in the watershed and there is a fishery 
(or portion of a fishery) present anywhere within the target distance 
limit, assign a value of 20.
     If there is no observed release to surface water 
in the watershed or there is no observed release of a hazardous 
substance having a bioaccumulation potential factor value of 500 or 
greater, but there is a fishery (or portion of a fishery) present 
anywhere within the target distance limit, assign a value as follows:

-Using table 4-13, determine the highest dilution weight (that is, 
lowest amount of dilution) applicable to the fisheries (or portions of 
fisheries) within the target distance limit. Multiply this dilution 
weight by 20 and round to the nearest integer.
-Assign this calculated value as the factor value.
     If there are no fisheries (or portions of 
fisheries) within the target distance limit of the watershed, assign a 
value of 0.

    Enter the value assigned in table 4-1.
    4.1.3.3.2 Population. Evaluate the population factor for the 
watershed based on three factors: Level I concentrations, Level II 
concentrations, and potential human food chain contamination. Determine 
which factor applies for a fishery (or portion of a fishery) as 
specified in section 4.1.3.3.
    4.1.3.3.2.1 Level I concentrations. Determine those fisheries (or 
portions of fisheries) within the watershed that are subject to Level I 
concentrations.
    Estimate the human food chain population value for each fishery (or 
portion of a fishery) as follows:
     Estimate human food chain production for the 
fishery based on the estimated annual production (in pounds) of human 
food chain organisms (for example, fish, shellfish) for that fishery, 
except: if the fishery is closed and a hazardous substance for which the 
fishery has been closed has been documented in an observed release to 
the fishery from a source at the site, use the estimated annual 
production for the period prior to closure of the fishery or use the 
estimated annual production from comparable fisheries that are not 
closed.
     Assign the fishery a value for human food chain 
population from table 4-18, based on the estimated human food production 
for the fishery.
     Set boundaries between fisheries at those points 
where human food chain production

[[Page 157]]

changes or where the surface water dilution weight changes.

    Sum the human food chain population value for each fishery (and 
portion of a fishery). Multiply this sum by 10. If the product is less 
than 1, do not round it to the nearest integer; if 1 or more, round to 
the nearest integer. Assign the resulting value as the Level I 
concentrations factor value. Enter this value in table 4-1.
    4.1.3.3.2.2 Level II concentrations. Determine those fisheries (or 
portions of fisheries) within the watershed that are subject to Level II 
concentrations. Do not include any fisheries (or portions of fisheries) 
already counted under the Level I concentrations factor.
    Assign each fishery (or portion of a fishery) a value for human food 
chain population from table 4-18, based on the estimated human food 
production for the fishery. Estimate the human food chain production for 
the fishery as specified in section 4.1.3.3.2.1.
    Sum the human food chain population value for each fishery (and 
portion of a fishery). If this sum is less than 1, do not round it to 
the nearest integer; if 1 or more, round to the nearest integer. Assign 
the resulting value as the Level II concentrations factor value. Enter 
this value in table 4-1.

           Table 4-18--Human Food Chain Population Values \a\
------------------------------------------------------------------------
                                                               Assigned
                                                              human food
       Human food chain production (pounds per year)            chain
                                                              population
                                                                value
------------------------------------------------------------------------
0..........................................................            0
Greater than 0 to 100......................................         0.03
Greater than 100 to 1,000..................................          0.3
Greater than 1,000 to 10,000...............................            3
Greater than 10,000 to 100,000.............................           31
Greater than 100,000 to 1,000,000..........................          310
Greater than 10\6\ to 10\7\................................        3,100
Greater than 10\7\ to 10\8\................................       31,000
Greater than 10\8\ to 10\9\................................      310,000
Greater than 10\9\.........................................   3,100,000
------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    4.1.3.3.2.3 Potential human food chain contamination. Determine 
those fisheries (or portions of fisheries) within the watershed that are 
subject to potential human food chain contamination. Do not include 
those fisheries (or portion of fisheries) already counted under the 
Level I or Level II concentrations factors.
    Calculate the value for the potential human food chain contamination 
factor (PF) for the watershed as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.151

where:

Pi=Human food chain population value for fishery i.
Di=Dilution weight from table 4-13 for fishery i.
n=Number of fisheries subject to potential human food chain 
contamination.
    In calculating PF:
     Estimate the human food chain population value 
(Pi) for a fishery (or portion of a fishery) as specified in 
section 4.1.3.3.2.1.
     Assign the fishery (or portion of a fishery) a 
dilution weight as indicated in table 4-13 (section 4.1.2.3.1), except: 
do not assign a dilution weight of 0.5 for a ``3-mile mixing zone in 
quiet flowing river''; instead assign a dilution weight based on the 
average annual flow.

    If PF is less than 1, do not round it to the nearest integer; if PF 
is 1 or more, round to the nearest integer. Enter the value assigned in 
table 4-1.
    4.1.3.3.2.4 Calculation of population factor value. Sum the values 
for the Level I concentrations, Level II concentrations, and potential 
human food chain contamination factors for the watershed. Do not round 
this sum to the nearest integer. Assign it as the population factor 
value for the watershed. Enter this value in table 4-1.
    4.1.3.3.3 Calculation of human food chain threat-targets factor 
category value. Sum the food chain individual and population factor 
values for the watershed. Do not round this sum to the nearest integer. 
Assign it as the human food chain threat-targets factor category value 
for the watershed. Enter this value in table 4-1.
    4.1.3.4 Calculation of human food chain threat score for a 
watershed. Multiply the human food chain threat factor category values 
for likelihood of release, waste characteristics, and targets for the 
watershed, and round the product to the nearest integer. Then divide by 
82,500. Assign the resulting value, subject to a maximum of 100, as the 
human food chain threat score for the watershed. Enter this score in 
table 4-1.
    4.1.4 Environmental threat. Evaluate the environmental threat for 
the watershed based on three factor categories: likelihood of release, 
waste characteristics, and targets.
    4.1.4.1 Environmental threat-likelihood of release. Assign the same 
likelihood of release factor category value for the environmental threat 
for the watershed as would be assigned in section 4.1.2.1.3 for the 
drinking water threat. Enter this value in table 4-1.
    4.1.4.2 Environmental threat-waste characteristics. Evaluate the 
waste characteristics factor category for each watershed based on two 
factors: ecosystem toxicity/persistence/bioaccumulation and hazardous 
waste quantity.
    4.1.4.2.1 Ecosystem toxicity/persistence/bioaccumulation. Evaluate 
all those hazardous

[[Page 158]]

substances eligible to be evaluated for toxicity/persistence in the 
drinking water threat for the watershed (see section 4.1.2.2).
    4.1.4.2.1.1 Ecosystem toxicity. Assign an ecosystem toxicity factor 
value from Table 4-19 to each hazardous substance on the basis of the 
following data hierarchy:
     EPA chronic Ambient Water Quality Criterion 
(AWQC) for the substance.
     EPA chronic Ambient Aquatic Life Advisory 
Concentrations (AALAC) for the substance.
     EPA acute AWQC for the substance.
     EPA acute AALAC for the substance.
     Lowest LC50 value for the substance.
    In assigning the ecosystem toxicity factor value to the hazardous 
substance:
     If either an EPA chronic AWQC or AALAC is 
available for the hazardous substance, use it to assign the ecosystem 
toxicity factor value. Use the chronic AWQC in preference to the chronic 
AALAC when both are available.
     If neither is available, use the EPA acute AWQC 
or AALAC to assign the ecosystem toxicity factor value. Use the acute 
AWQC in preference to the acute AALAC.
     If none of the chronic and acute AWQCs and AALACs 
is available, use the lowest LC50 value to assign the 
ecosystem toxicity factor value.
     If an LC50 value is also not 
available, assign an ecosystem toxicity factor value of 0 to the 
hazardous substance and use other hazardous substances for which data 
are available in evaluating the pathway.

    If an ecosystem toxicity factor value of 0 is assigned to all 
hazardous substances eligible to be evaluated for the watershed (that 
is, insufficient data are available for evaluating all the substances), 
use a default value of 100 as the ecosystem toxicity factor value for 
all these hazardous substances.
    With regard to the AWQC, AALAC, or LC50 selected for 
assigning the ecosystem toxicity factor value to the hazardous 
substance:
     If values for the selected AWQC, AALAC, or 
LC50 are available for both fresh water and marine water for 
the hazardous substance, use the value that corresponds to the type of 
water body (that is, fresh water or salt water) in which the sensitive 
environments are located to assign the ecosystem toxicity factor value 
to the hazardous substance.
     If, however, some of the sensitive environments 
being evaluated are in fresh water and some are in salt water, or if any 
are in brackish water, use the value (fresh water or marine) that yields 
the higher factor value to assign the ecosystem toxicity factor value to 
the hazardous substance.
     If a value for the selected AWQC, AALAC, or 
LC50 is available for either fresh water or marine water, but 
not for both, use the available one to assign an ecosystem toxicity 
factor value to the hazardous substance.

              Table 4-19--Ecosystem Toxicity Factor Values
 If an EPA chronic AWQC \a\ or AALAC \b\ is available, assign a value as
                              follows: \c\
------------------------------------------------------------------------
                                                                Assigned
                  EPA chronic AWQC or AALAC                      value
------------------------------------------------------------------------
Less than 1 [micro]g/l.......................................     10,000
1 to 10 [micro]g/l...........................................      1,000
Greater than 10 to 100 [micro]g/l............................        100
Greater than 100 to 1,000 [micro]g/l.........................         10
Greater than 1,000 [micro]g/l................................          1
------------------------------------------------------------------------
If neither an EPA chronic AWQC nor EPA chronic AALAC is available,
 assign a value based on the EPA acute AWQC or AALAC as follows: \c\


------------------------------------------------------------------------
                                                                Assigned
                   EPA acute AWQC or AALAC                       value
------------------------------------------------------------------------
Less than 100 [micro]g/l.....................................     10,000
100 to 1,000 [micro]g/l......................................      1,000
Greater than 1,000 to 10,000 [micro]g/l......................        100
Greater than 10,000 to 100,000 [micro]g/l....................         10
Greater than 100,000 [micro]g/l..............................          1
------------------------------------------------------------------------
If neither an EPA chronic or acute AWQC nor EPA chronic or acute AALAC
 is available, assign a value from the LC50 as follows:


------------------------------------------------------------------------
                                                                Assigned
                             LC50                                value
------------------------------------------------------------------------
Less than 100 [micro]g/l.....................................     10,000
100 to 1,000 [micro]g/l......................................      1,000
Greater than 1,000 to 10,000 [micro]g/l......................        100
Greater than 10,000 to 100,000 [micro]g/l....................         10
Greater than 100,000 [micro]g/l..............................          1
------------------------------------------------------------------------
If none of the AWQCs and AALACs nor the LC50 is available, assign a
 value of 0.
------------------------------------------------------------------------
\a\ AWQC--Ambient Water Quality Criteria.
\b\ AALAC--Ambient Aquatic Life Advisory Concentrations.
\c\ Use the AWQC value in preference to the AALAC when both are
  available. See text for use of fresh water and marine values.

    4.1.4.2.1.2 Persistence. Assign a persistence factor value to each 
hazardous substance as specified in section 4.1.2.2.1.2, except: use the 
predominant water category (that is lakes; or rivers, oceans, coastal 
tidal waters, or Great Lakes) between the probable point of entry and 
the nearest sensitive environment (not the nearest drinking water or 
resources intake) along the hazardous substance migration path for the 
watershed to determine which portion of table 4-10 to use. Determine the 
predominant water category based on distance as specified in section 
4.1.2.2.1.2. For contaminated sediments with no identified source, use 
the point where measurement begins rather than the probable point of 
entry.
    4.1.4.2.1.3 Ecosystem bioaccumulation potential. Assign an ecosystem 
bioaccumulation potential factor value to each hazardous substance in 
the same manner specified for the bioaccumulation potential factor in 
section 4.1.3.2.1.3, except:
     Use BCF data for all aquatic organisms, not just 
for aquatic human food chain organisms.

[[Page 159]]

     Use the BCF data that corresponds to the type of 
water body (that is, fresh water or salt water) in which the sensitive 
environments (not fisheries) are located.
    4.1.4.2.1.4 Calculation of ecosystem toxicity/persistence/
bioaccumulation factor value. Assign each hazardous substance an 
ecosystem toxicity/persistence factor value from table 4-20, based on 
the values assigned to the hazardous substance for the ecosystem 
toxicity and persistence factors. Then assign each hazardous substance 
an ecosystem toxicity/persistence/bioaccumulation factor value from 
table 4-21, based on the values assigned for the ecosystem toxicity/
persistence and ecosystem bioaccumulation potential factors. Select the 
hazardous substance with the highest ecosystem toxicity/persistence/
bioaccumulation factor value for the watershed and use it to assign the 
value to this factor. Enter this value in table 4-1.

                          Table 4-20--Ecosystem Toxicity/Persistence Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                                      Ecosystem toxicity factor value
                Persistence factor value                 -------------------------------------------------------
                                                            10,000     1,000       100       10         1      0
----------------------------------------------------------------------------------------------------------------
1.0.....................................................     10,000      1,000       100        10         1   0
0.4.....................................................      4,000        400        40         4       0.4   0
0.07....................................................        700         70         7       0.7      0.07   0
0.0007..................................................          7        0.7      0.07     0.007    0.0007   0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.


                  Table 4-21--Ecosystem Toxicity/Persistence/Bioaccumulation Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                        Ecosystem bioaccumulation potential factor value
  Ecosystem toxicity persistence factor value  -----------------------------------------------------------------
                                                  50,000     5,000       500         50         5         0.5
----------------------------------------------------------------------------------------------------------------
10,000........................................    5x10\8\    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000
4,000.........................................    2x10\8\    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000
1,000.........................................    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000        500
700...........................................  3.5x10\7\  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350
400...........................................    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000        200
100...........................................    5x10\6\    5x10\5\    5x10\4\      5,000        500         50
70............................................  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350         35
40............................................    2x10\6\    2x10\5\    2x10\4\      2,000        200         20
10............................................    5x10\5\    5x10\4\      5,000        500         50          5
7.............................................  3.5x10\5\  3.5x10\4\      3,500        350         35        3.5
4.............................................    2x10\5\    2x10\4\      2,000        200         20          2
1.............................................    5x10\4\      5,000        500         50          5        0.5
0.7...........................................  3.5x10\4\      3,500        350         35        3.5       0.35
0.4...........................................    2x10\4\      2,000        200         20          2        0.2
0.07..........................................      3,500        350         35        3.5       0.35      0.035
0.007.........................................        350         35        3.5       0.35      0.035     0.0035
0.0007........................................         35        3.5       0.35      0.035     0.0035    0.00035
0.............................................          0          0          0          0          0          0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    4.1.4.2.2 Hazardous waste quantity. Assign the same factor value for 
hazardous waste quantity for the watershed as would be assigned in 
section 4.1.2.2.2 for the drinking water threat. Enter this value in 
table 4-1.
    4.1.4.2.3 Calculation of environmental threat-waste characteristics 
factor category value. For the hazardous substance selected for the 
watershed in section 4.1.4.2.1.4, use its ecosystem toxicity/persistence 
factor value and ecosystem bioaccumulation potential factor value as 
follows to assign a value to the waste characteristics factor category. 
First, multiply the ecosystem toxicity/persistence factor value and the 
hazardous waste quantity factor value for the watershed, subject to a 
maximum product of 1x10\8\. Then multiply this product by the ecosystem 
bioaccumulation potential factor value for this hazardous substance, 
subject to a maximum product of 1x10\12\. Based on this second product, 
assign a value from Table 2-7 (section 2.4.3.1) to the environmental 
threat-waste characteristics factor category for the watershed. Enter 
this value in table 4-1.

  Table 4-22--Ecological-Based Benchmarks for Hazardous Substances in 
                              Surface Water

     Concentration corresponding to EPA Ambient Water 
Quality Criteria (AWQC) for protection of aquatic life (fresh water or 
marine).
     Concentration corresponding to EPA Ambient 
Aquatic Life Advisory Concentrations (AALAC).
     Select the appropriate AWQC and AALAC as follows:

[[Page 160]]

-Use chronic value, if available; otherwise use acute value.
-If the sensitive environment being evaluated is in fresh water, use 
fresh water value, except: if no fresh water value is available, use 
marine value if available.
-If the sensitive environment being evaluated is in salt water, use 
marine value, except: if no marine value is available, use fresh water 
value if available.
-If the sensitive environment being evaluated is in both fresh water and 
salt water, or is in brackish water, use lower of fresh water or marine 
values.

            Table 4-23--Sensitive Environments Rating Values
------------------------------------------------------------------------
                                                                Assigned
                    Sensitive environment                        value
------------------------------------------------------------------------
Critical habitat \a\ for Federal designated endangered or            100
 threatened species..........................................
Marine Sanctuary
National Park
Designated Federal Wilderness Area
Areas identified under Coastal Zone Management Act \b\
Sensitive areas identified under National Estuary Program \c\
 or Near Coastal Waters Program \d\
Critical areas identified under the Clean Lakes Program \e\
National Monument \f\
National Seashore Recreational Area
National Lakeshore Recreational Area
------------------------------------------------------------------------
Habitat known to be used by Federal designated or proposed            75
 endangered or threatened species............................
National Preserve
National or State Wildlife Refuge
Unit of Coastal Barrier Resources System
Coastal Barrier (undeveloped)
Federal land designated for protection of natural ecosystems
Administratively Proposed Federal Wilderness Area
Spawning areas critical \g\ for the maintenance of fish/
 shellfish species within river, lake, or coastal tidal
 waters
Migratory pathways and feeding areas critical for maintenance
 of anadromous fish species within river reaches or areas in
 lakes or coastal tidal waters in which the fish spend
 extended periods of time
Terrestrial areas utilized for breeding by large or dense
 aggregations of animals \h\
National river reach designated as Recreational
------------------------------------------------------------------------
Habitat known to be used by State designated endangered or            50
 threatened species..........................................
Habitat known to be used by species under review as to its
 Federal endangered or threatened status
Coastal Barrier (partially developed)
Federal designated Scenic or Wild River
------------------------------------------------------------------------
State land designated for wildlife or game management........         25
State designated Scenic or Wild River
State designated Natural Areas
Particular areas, relatively small in size, important to
 maintenance of unique biotic communities
------------------------------------------------------------------------
State designated areas for protection or maintenance of                5
 aquatic life \i\............................................
------------------------------------------------------------------------
\a\ Critical habitat as defined in 50 CFR 424.02.
\b\ Areas identified in State Coastal Zone Management plans as requiring
  protection because of ecological value.
\c\ National Estuary Program study areas (subareas within estuaries)
  identified in Comprehensive Conservation and Management Plans as
  requiring protection because they support critical life stages of key
  estuarine species (Section 320 of Clean Water Act, as amended).
\d\ Near Coastal Waters as defined in Sections 104(b)(3), 304(1), 319,
  and 320 of Clean Water Act, as amended.
\e\ Clean Lakes Program critical areas (subareas within lakes, or in
  some cases entire small lakes) identified by State Clean Lake Plans as
  critical habitat (Section 314 of Clean Water Act, as amended).
\f\ Use only for air migration pathway.
\g\ Limit to areas described as being used for intense or concentrated
  spawning by a given species.
\h\ For the air migration pathway, limit to terrestrial vertebrate
  species. For the surface water migration pathway, limit to terrestrial
  vertebrate species with aquatic or semiaquatic foraging habits.
\i\ Areas designated under Section 305(a) of Clean Water Act, as
  amended.


 Table 4-24--Wetlands Rating Values for Surface Water Migration Pathway
------------------------------------------------------------------------
                                                                Assigned
             Total length of wetlands \a\ (miles)                value
------------------------------------------------------------------------
Less than 0.1................................................          0
0.1 to 1.....................................................         25
Greater than 1 to 2..........................................         50
Greater than 2 to 3..........................................         75
Greater than 3 to 4..........................................        100
Greater than 4 to 8..........................................        150
Greater than 8 to 12.........................................        250
Greater than 12 to 16........................................        350
Greater than 16 to 20........................................        450
Greater than 20..............................................        500
------------------------------------------------------------------------
\a\ Wetlands as defined in 40 CFR section 230.3.


[[Page 161]]

    4.1.4.3 Environmental threat-targets. Evaluate the environmental 
threat-targets factor category for a watershed using one factor: 
sensitive environments.
    4.1.4.3.1 Sensitive environments. Evaluate sensitive environments 
along the hazardous substance migration path for the watershed based on 
three factors: Level I concentrations, Level II concentrations, and 
potential contamination.
    Determine which factor applies to each sensitive environment as 
specified in section 4.1.2.3, except: use ecological-based benchmarks 
(Table 4-22) rather than health-based benchmarks (Table 3-10) in 
determining the level of contamination from samples. In determining the 
level of actual contamination, use a point of direct observation 
anywhere within the sensitive environment or samples (that is, surface 
water, benthic, or sediment samples) taken anywhere within or beyond the 
sensitive environment (or anywhere adjacent to or beyond the sensitive 
environment if it is contiguous to the migration path).
    4.1.4.3.1.1 Level I concentrations. Assign value(s) from table 4-23 
to each sensitive environment subject to Level I concentrations.
    For those sensitive environments that are wetlands, assign an 
additional value from table 4-24. In assigning a value from table 4-24, 
include only those portions of wetlands located along the hazardous 
substance migration path in the area of Level I concentrations. If a 
wetland is located partially along the area of Level I concentrations 
and partially along the area of Level II concentrations and/or potential 
contamination, then solely for purposes of table 4-24, count the 
portion(s) along the areas of Level II concentrations or potential 
contamination under the Level II concentrations factor (section 
4.1.4.3.1.2) or potential contamination factor (section 4.1.4.3.1.3), as 
appropriate.
    Estimate the total length of wetlands along the hazardous substance 
migration path (that is, wetland frontage) in the area of Level I 
concentrations and assign a value from table 4-24 based on this total 
length. Estimate this length as follows:
     For an isolated wetland or for a wetland where 
the probable point of entry to surface water is in the wetland, use the 
perimeter of that portion of the wetland subject to Level I 
concentrations as the length.
     For rivers, use the length of the wetlands 
contiguous to the in-water segment of the hazardous substance migration 
path (that is, wetland frontage).
     For lakes, oceans, coastal tidal waters, and 
Great Lakes, use the length of the wetlands along the shoreline within 
the target distance limit (that is, wetland frontage along the 
shoreline).
    Calculate the Level I concentrations factor value (SH) for the 
watershed as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.152

where:

WH=Value assigned from table 4-24 to wetlands along the area of Level I 
concentrations.
Si=Value(s) assigned from table 4-23 to sensitive environment 
i.
n=Number of sensitive environments from table 4-23 subject to Level I 
concentrations.
    Enter the value assigned in table 4-1.
    4.1.4.3.1.2 Level II concentrations. Assign value(s) from table 4-23 
to each sensitive environment subject to Level II concentrations. Do not 
include sensitive environments already counted for table 4-23 under the 
Level I concentrations factor for this watershed.
    For those sensitive environments that are wetlands, assign an 
additional value from table 4-24. In assigning a value from table 4-24, 
include only those portions of wetlands located along the hazardous 
substance migration path in the area of Level II concentrations, as 
specified in section 4.1.4.3.1.1.
    Estimate the total length of wetlands along the hazardous substance 
migration path (that is, wetland frontage) in the area of Level II 
concentrations and assign a value from table 4-24 based on this total 
length. Estimate this length as specified in section 4.1.4.3.1.1, 
except: for an isolated wetland or for a wetland where the probable 
point of entry to surface water is in the wetland, use the perimeter of 
that portion of the wetland subject to Level II (not Level I) 
concentrations as the length.
    Calculate the Level II concentrations value (SL) for the watershed 
as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.153

where:

WL=Value assigned from table 4-24 to wetlands along the area of Level II 
concentrations.
Si=Value(s) assigned from table 4-23 to sensitive environment 
i.
n=Number of sensitive environments from table 4-23 subject to Level II 
concentrations.

    Enter the value assigned in table 4-1.
    4.1.4.3.1.3 Potential contamination. Assign value(s) from table 4-23 
to each sensitive environment subject to potential contamination. Do not 
include sensitive environments already counted for table 4-23 under the 
Level I or Level II concentrations factors.
    For each type of surface water body in table 4-13 (section 
4.1.2.3.1), sum the value(s)

[[Page 162]]

assigned from table 4-23 to the sensitive environments along that type 
of surface water body, except: do not use the surface water body type 
``3-mile mixing zone in quiet flowing river.'' If a sensitive 
environment is along two or more types of surface water bodies (for 
example, Wildlife Refuge contiguous to both a moderate stream and a 
large river), assign the sensitive environment only to that surface 
water body type having the highest dilution weight value from table 4-
13.
    For those sensitive environments that are wetlands, assign an 
additional value from table 4-24. In assigning a value from table 4-24, 
include only those portions of wetlands located along the hazardous 
substance migration path in the area of potential contamination, as 
specified in section 4.1.4.3.1.1. Aggregate these wetlands by type of 
surface water body, except: do not use the surface water body type ``3-
mile mixing zone in quiet flowing river.'' Treat the wetlands aggregated 
within each type of surface water body as separate sensitive 
environments solely for purposes of applying table 4-24. Estimate the 
total length of the wetlands within each surface water body type as 
specified in section 4.1.4.3.1.1, except: for an isolated wetland or for 
a wetland where the probable point of entry to surface water is in the 
wetland, use the perimeter of that portion of the wetland subject to 
potential contamination (or the portion of that perimeter that is within 
the target distance limit) as the length. Assign a separate value from 
table 4-24 for each type of surface water body in the watershed.
    Calculate the potential contamination factor value (SP) for the 
watershed as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.154

where:
[GRAPHIC] [TIFF OMITTED] TC15NO91.155

Sij=Value(s) assigned from table 4-23 to sensitive 
environment i in surface water body type j.
n=Number of sensitive environments from table 4-23 subject to potential 
contamination.
Wj=Value assigned from table 4-24 for wetlands along the area 
of potential contamination in surface water body type j.
Dj=Dilution weight from table 4-13 for surface water body 
type j.
m=Number of different surface water body types from table 4-13 in the 
watershed.

    If SP is less than 1, do not round it to the nearest integer; if SP 
is 1 or more, round to the nearest integer. Enter this value for the 
potential contamination factor in table 4-1.
    4.1.4.3.1.4 Calculation of environmental threat-targets factor 
category value. Sum the values for the Level I concentrations, Level II 
concentrations, and potential contamination factors for the watershed. 
Do not round this sum to the nearest integer. Assign this sum as the 
environmental threat-targets factor category value for the watershed. 
Enter this value in table 4-1.
    4.1.4.4 Calculation of environmental threat score for a watershed. 
Multiply the environmental threat factor category values for likelihood 
of release, waste characteristics, and targets for the watershed, and 
round the product to the nearest integer. Then divide by 82,500. Assign 
the resulting value, subject to a maximum of 60, as the environmental 
threat score for the watershed. Enter this score in table 4-1.
    4.1.5 Calculation of overland/flood migration component score for a 
watershed. Sum the scores for the three threats for the watershed (that 
is, drinking water, human food chain, and environmental threats). Assign 
the resulting score, subject to a maximum value of 100, as the surface 
water overland/flood migration component score for the watershed. Enter 
this score in table 4-1.
    4.1.6 Calculation of overland/flood migration component score. 
Select the highest surface water overland/flood migration component 
score from the watersheds evaluated. Assign this score as the surface 
water overland/flood migration component score for the site, subject to 
a maximum score of 100. Enter this score in table 4-1.
    4.2 Ground water to surface water migration component. Use the 
ground water to surface water migration component to evaluate surface 
water threats that result from migration of hazardous substances from a 
source at the site to surface water via ground water. Evaluate three 
types of threats for this component: drinking water threat, human food 
chain threat, and environmental threat.
    4.2.1 General considerations.
    4.2.1.1 Eligible surface waters. Calculate ground water to surface 
water migration component scores only for surface waters (see section 
4.0.2) for which all the following conditions are met:
     A portion of the surface water is within 1 mile 
of one or more sources at the site having a containment factor value 
greater than 0 (see section 4.2.2.1.2).
     No aquifer discontinuity is established between 
the source and the portion of the surface water within 1 mile of the 
source (see section 3.0.1.2.2). However, if hazardous substances have 
migrated across an apparent discontinuity within this 1 mile distance, 
do not consider a discontinuity present in scoring the site.
     The top of the uppermost aquifer is at or above 
the bottom of the surface water.


[[Page 163]]


    Do not evaluate this component for sites consisting solely of 
contaminated sediments with no identified source.
    4.2.1.2 Definition of hazardous substance migration path for ground 
water to surface water migration component. The hazardous substance 
migration path includes both the ground water segment and the surface 
water in-water segment that hazardous substances would take as they 
migrate away from sources at the site:
     Restrict the ground water segment to migration 
via the uppermost aquifer between a source and the surface water.
     Begin the surface water in-water segment at the 
probable point of entry from the uppermost aquifer to the surface water. 
Identify the probable point of entry as that point of the surface water 
that yields the shortest straight-line distance, within the aquifer 
boundary (see section 3.0.1.2), from the sources at the site with a 
containment factor value greater than 0 to the surface water.

-For rivers, continue the in-water segment in the direction of flow 
(including any tidal flows) for the distance established by the target 
distance limit (see section 4.2.1.4).
-For lakes, oceans, coastal tidal waters, or Great Lakes, do not 
consider flow direction. Instead apply the target distance limit as an 
arc.
-If the in-water segment includes both rivers and lakes (or oceans, 
coastal tidal waters, or Great Lakes), apply the target distance limit 
to their combined in-water segments.
    Consider a site to be in two or more watersheds for this component 
if two or more hazardous substance migration paths from the sources at 
the site do not reach a common point within the target distance limit. 
If the site is in more than one watershed, define a separate hazardous 
substance migration path for each watershed. Evaluate the ground water 
to surface water migration component for each watershed separately as 
specified in section 4.2.1.5.
    4.2.1.3 Observed release of a specific hazardous substance to 
surface water in-water segment. Section 4.2.2.1.1 specifies the criteria 
for assigning values to the observed release factor for the ground water 
to surface water migration component. With regard to an individual 
hazardous substance, consider an observed release of that hazardous 
substance to be established for the surface water in-water segment of 
the ground water to surface water migration component only when the 
hazardous substance meets the criteria both for an observed release both 
to ground water (see section 4.2.2.1.1) and for an observed release by 
chemical analysis to surface water (see section 4.1.2.1.1).
    If the hazardous substance meets the section 4.1.2.1.1 criteria for 
an observed release by chemical analysis to surface water but does not 
also meet the criteria for an observed release to ground water, do not 
use any samples of that hazardous substance from the surface water in-
water segment in evaluating the factors of this component (for example, 
do not use the hazardous substance in establishing targets subject to 
actual contamination or in determining the level of actual contamination 
for a target).
    4.2.1.4 Target distance limit. Determine the target distance limit 
for each watershed as specified in section 4.1.1.2, except: do not 
extend the target distance limit to a sample location beyond 15 miles 
unless at least one hazardous substance in a sample from that location 
meets the criteria in section 4.2.1.3 for an observed release to the 
surface water in-water segment.
    Determine the targets eligible to be evaluated for each watershed 
and establish whether these targets are subject to actual or potential 
contamination as specified in section 4.1.1.2, except: do not establish 
actual contamination based on a sample location unless at least one 
hazardous substance in a sample from that location meets the criteria in 
section 4.2.1.3 for an observed release to the surface water in-water 
segment.
    4.2.1.5 Evaluation of ground water to surface water migration 
component. Evaluate the drinking water threat, human food chain threat, 
and environmental threat for each watershed for this component based on 
three factor categories: likelihood of release, waste characteristics, 
and targets. Figure 4-2 indicates the factors included within each 
factor category for each type of threat.

[[Page 164]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.009


[[Page 165]]


    Determine the ground water to surface water migration component 
score (Sgs) for a watershed in terms of the factor category 
values as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.156

where:

LRi=Likelihood of release factor category value for threat i 
(that is, drinking water, human food chain, or environmental threat).
WCi=Waste characteristics factor category value for threat i.
Ti=Targets factor category value for threat i.
SF=Scaling factor.

Table 4-25 outlines the specific calculation procedure.
    If the site is in only one watershed, assign the ground water to 
surface water migration component score for that watershed as the ground 
water to surface water migration component score for the site.
    If the site is in more than one watershed:

     Calculate a separate ground water to surface 
water migration component score for each watershed, using likelihood of 
release, waste characteristics, and targets applicable to each 
watershed.
     Select the highest ground water to surface water 
migration component score from the watersheds evaluated and assign it as 
the ground water to surface water migration component score for the 
site.

Table 4-25--Ground Water to Surface Water Migration Component Scoresheet
------------------------------------------------------------------------
                                            Maximum
      Factor categories and factors          value      Value assigned
------------------------------------------------------------------------
          Drinking Water Threat
Likelihood of Release to Aquifer:
     1. Observed Release.................        550              ------
     2. Potential to Release:
        2a. Containment..................         10              ------
        2b. Net Precipitation............         10              ------
        2c. Depth to Aquifer.............          5              ------
        2d. Travel Time..................         35              ------
        2e. Potential to Release (lines          500              ------
         2a[2b+2c+2d])...................
     3. Likelihood of Release (higher of         550              ------
     lines 1 and 2e).....................
Waste Characteristics:
     4. Toxicity/Mobility/Persistence....        (a)              ------
     5. Hazardous Waste Quantity.........        (a)              ------
     6. Waste Characteristics............        100              ------
Targets:
     7. Nearest Intake...................         50              ------
     8. Population
        8a. Level I Concentrations.......        (b)              ------
        8b. Level II Concentrations......        (b)              ------
        8c. Potential Contamination......        (b)              ------
        8d. Population (lines 8a + 8b +    .........              ------
         8c).............................
     9. Resources........................          5              ------
    10. Targets (lines 7 + 8d + 9).......        (b)              ------
Drinking Water Threat Score:
    11. Drinking Water Threat Score              100              ------
     ([lines 3x6x10]/82,500, subject to a
     maximum of 100).....................
         Human Food Chain Threat
Likelihood of Release:
    12. Likelihood of Release (same value        550              ------
     as line 3)..........................
Waste Characteristics:
    13. Toxicity/Mobility/Persistence/           (a)              ------
     Bioaccumulation.....................
    14. Hazardous Waste Quantity.........        (a)              ------
    15. Waste Characteristics............      1,000              ------
Targets:
    16. Food Chain Individual............         50              ------
    17. Population:
        17a. Level I Concentrations......        (b)              ------
        17b. Level II Concentrations.....        (b)              ------
        17c. Potential Human Food Chain          (b)              ------
         Contamination...................
        17d. Population (lines 17a + 17b         (b)              ------
         + 17c)..........................
    18. Targets (Lines 16 + 17d).........        (b)              ------
Human Food Chain Threat Score:
    19. Human Food Chain Threat Score            100              ------
     ([lines 12x15x18]/82,500, subject to
     a maximum of 100)...................
           Environmental Threat
Likelihood of Release:
    20. Likelihood of Release (same value        550              ------
     as line 3)..........................
Waste Characteristics:
    21. Ecosystem Toxicity/Mobility/             (a)              ------
     Persistence/Bioaccumulation.........

[[Page 166]]

 
    22. Hazardous Waste Quantity.........        (a)              ------
    23. Waste Characteristics............      1,000              ------
Targets:
    24. Sensitive Environments:
        24a. Level I Concentrations......        (b)              ------
        24b. Level II Concentrations.....        (b)              ------
        24c. Potential Contamination.....        (b)              ------
        24d. Sensitive Environments              (b)              ------
         (lines 24a + 24b + 24c).........
    25. Targets (value from line 24d)....        (b)              ------
Environmental Threat Score:
    26. Environmental Threat Score                60              ------
     ([lines 20x23x25]/82,500, subject to
     a maximum of 60)....................
Ground Water to Surface Water Migration
 Component Score for a Watershed
    27. Watershed Score \c\ (lines 11 +          100              ------
     19 + 26, subject to a maximum of
     100)................................
    28. Component Score (Sgs) \c\                100             ------
     (highest score from Line 27 for all
     watersheds evaluated, subject to a
     maximum of 100).....................
------------------------------------------------------------------------
\a\ Maximum value applies to waste characteristics category.
\b\ Maximum value not applicable.
\c\ Do not round to nearest integer.

    4.2.2 Drinking water threat. Evaluate the drinking water threat for 
each watershed based on three factor categories: likelihood of release, 
waste characteristics, and targets.
    4.2.2.1 Drinking water threat-likelihood of release. Evaluate the 
likelihood of release factor category for each watershed in terms of an 
observed release factor or a potential to release factor.
    4.2.2.1.1 Observed release. Establish an observed release to the 
uppermost aquifer as specified in section 3.1.1. If an observed release 
can be established for the uppermost aquifer, assign an observed release 
factor value of 550 to that watershed, enter this value in table 4-25, 
and proceed to section 4.2.2.1.3. If no observed release can be 
established, assign an observed release factor value of 0, enter this 
value in table 4-25, and proceed to section 4.2.2.1.2.
    4.2.2.1.2 Potential to release. Evaluate potential to release only 
if an observed release cannot be established for the uppermost aquifer. 
Calculate a potential to release value for the uppermost aquifer as 
specified in section 3.1.2 and sections 3.1.2.1 through 3.1.2.5. Assign 
the potential to release value for the uppermost aquifer as the 
potential to release factor value for the watershed. Enter this value in 
table 4-25.
    4.2.2.1.3 Calculation of drinking water threat-likelihood of release 
factor category value. If an observed release is established for the 
uppermost aquifer, assign the observed release factor value of 550 as 
the likelihood of release factor category value for the watershed. 
Otherwise, assign the potential to release factor value as the 
likelihood of release factor category value for the watershed. Enter the 
value assigned in table 4-25.
    4.2.2.2 Drinking water threat-waste characteristics. Evaluate the 
waste characteristics factor category for each watershed based on two 
factors: toxicity/mobility/persistence and hazardous waste quantity. 
Evaluate only those hazardous substances available to migrate from the 
sources at the site to the uppermost aquifer (see section 3.2). Such 
hazardous substances include:
     Hazardous substances that meet the criteria for 
an observed release to ground water.
     All hazardous substances associated with a source 
that has a ground water containment factor value greater than 0 (see 
sections 2.2.2, 2.2.3, and 3.1.2.1).
    4.2.2.2.1 Toxicity/mobility/persistence. For each hazardous 
substance, assign a toxicity factor value, a mobility factor value, a 
persistence factor value, and a combined toxicity/mobility/persistence 
factor value as specified in sections 4.2.2.2.1.1 through 4.2.2.2.1.4.
    4.2.2.2.1.1 Toxicity. Assign a toxicity factor value to each 
hazardous substance as specified in section 2.4.1.1.
    4.2.2.2.1.2 Mobility. Assign a ground water mobility factor value to 
each hazardous substance as specified in section 3.2.1.2.
    4.2.2.2.1.3 Persistence. Assign a surface water persistence factor 
value to each hazardous substance as specified in section 4.1.2.2.1.2.
    4.2.2.2.1.4 Calculation of toxicity/mobility/persistence factor 
value. First, assign each hazardous substance a toxicity/mobility factor 
value from table 3-9 (section 3.2.1.3), based on the values assigned to 
the hazardous substance for the toxicity and mobility factors. Then 
assign each hazardous substance a toxicity/mobility/persistence factor

[[Page 167]]

value from table 4-26, based on the values assigned for the toxicity/
mobility and persistence factors. Use the substance with the highest 
toxicity/mobility/ persistence factor value for the watershed to assign 
the value to this factor. Enter this value in table 4-25.
    4.2.2.2.2 Hazardous waste quantity. Assign the same factor value for 
hazardous waste quantity for the watershed as would be assigned for the 
uppermost aquifer in section 3.2.2. Enter this value in table 4-25.
    4.2.2.2.3 Calculation of drinking water threat-waste characteristics 
factor category value. Multiply the toxicity/mobility/persistence and 
hazardous waste quantity factor values for the watershed, subject to a 
maximum product of 1x10\8\. Based on this product, assign a value from 
table 2-7 (section 2.4.3.1) to the drinking water threat-waste 
characteristics factor category for the watershed. Enter this value in 
table 4-25.
    4.2.2.3 Drinking water threat-targets. Evaluate the targets factor 
category for each watershed based on three factors: nearest intake, 
population, and resources.

                           Table 4-26--Toxicity/Mobility/Persistence Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                                             Persistence factor value
                 Toxicity/mobility factor value                  -----------------------------------------------
                                                                     1.0        0.4         0.07        0.0007
----------------------------------------------------------------------------------------------------------------
10,000..........................................................     10,000      4,000          700            7
2,000...........................................................      2,000        800          140          1.4
1,000...........................................................      1,000        400           70          0.7
200.............................................................        200         80           14         0.14
100.............................................................        100         40            7         0.07
20..............................................................         20          8          1.4        0.014
10..............................................................         10          4          0.7        0.007
2...............................................................          2        0.8         0.14       0.0014
1...............................................................          1        0.4         0.07       7x10-4
0.2.............................................................        0.2       0.08        0.014     1.4x10-4
0.1.............................................................        0.1       0.04        0.007       7x10-5
0.02............................................................       0.02      0.008       0.0014     1.4x10-5
0.01............................................................       0.01      0.004       7x10-4       7x10-6
0.002...........................................................      0.002     8x10-4     1.4x10-4     1.4x10-6
0.001...........................................................      0.001     4x10-4       7x10-5       7x10-7
2x10-4..........................................................     2x10-4     8x10-5     1.4x10-5     1.4x10-7
1x10-4..........................................................     1x10-4     4x10-5       7x10-6       7x10-8
2x10-5..........................................................     2x10-5     8x10-6     1.4x10-6     1.4x10-8
2x10-6..........................................................     2x10-6     8x10-7     1.4x10-7     1.4x10-9
2x10-7..........................................................     2x10-7     8x10-8     1.4x10-8    1.4x10-10
2x10-8..........................................................     2x10-8     8x10-9     1.4x10-9    1.4x10-11
2x10-9..........................................................     2x10-9    8x10-10    1.4x10-10    1.4x10-12
0...............................................................          0          0            0            0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    For the nearest intake and population factors, determine whether the 
target surface water intakes are subject to actual or potential 
contamination as specified in section 4.1.1.2, subject to the 
restrictions specified in sections 4.2.1.3 and 4.2.1.4.
    When the intake is subject to actual contamination, evaluate it 
using Level I concentrations or Level II concentrations. Determine which 
level applies for the intake by comparing the exposure concentrations 
from a sample (or comparable samples) to health-based benchmarks as 
specified in section 4.1.2.3, except use only those samples from the 
surface water in-water segment and only those hazardous substances in 
such samples that meet the conditions in sections 4.2.1.3 and 4.2.1.4.
    4.2.2.3.1 Nearest intake. Assign a value to the nearest intake 
factor as specified in section 4.1.2.3.1 with the following 
modification. For the intake being evaluated, multiply its dilution 
weight from table 4-13 (section 4.1.2.3.1) by a value selected from 
table 4-27. Use the resulting product, not the value from table 4-13, as 
the dilution weight for the intake for the ground water to surface water 
component. Do not round this product to the nearest integer.
    Select the value from table 4-27 based on the angle [Theta], the 
angle defined by the sources at the site and either the two points at 
the intersection of the surface water body and the 1-mile distance ring 
of any two other points of the surface water body within the 1-mile 
distance ring, whichever results in the largest angle. (See Figure 4-3 
for an example of how to determine [Theta].) If the surface water body 
does not extend to the 1-mile ring at one or both ends, define [Theta] 
using the surface water endpoint(s) within the 1-mile ring or any two 
other points of the surface water body within the 1-mile distance ring, 
whichever results in the largest angle.

[[Page 168]]



                 Table 4-27--Dilution Weight Adjustments
------------------------------------------------------------------------
                                                                Assigned
                    Angle [Theta] (degrees)                       value
                                                                   \a\
------------------------------------------------------------------------
0.............................................................    0
Greater than 0 to 18..........................................    0.05
Greater than 18 to 54.........................................    0.1
Greater than 54 to 90.........................................    0.2
Greater than 90 to 126........................................    0.3
Greater than 126 to 162.......................................    0.4
Greater than 162 to 198.......................................    0.5
Greater than 198 to 234.......................................    0.6
Greater than 234 to 270.......................................    0.7
Greater than 270 to 306.......................................    0.8
Greater than 306 to 342.......................................    0.9
Greater than 342 to 360.......................................    1.0
------------------------------------------------------------------------
\a\ Do not round to nearest integer.


[[Page 169]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.010


                   Table 4-28--Toxicity/Mobility/Persistence/Bioaccumulation Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                              Bioaccumlation potential factor value
  Toxicity/mobility/persistence factor value   -----------------------------------------------------------------
                                                  50,000     5,000       500         50         5         0.5
----------------------------------------------------------------------------------------------------------------
10,000........................................    5x10\8\    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000
4,000.........................................    2x10\8\    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000
2,000.........................................    1x10\8\    1x10\7\    1x10\6\    1x10\5\    1x10\4\      1,000

[[Page 170]]

 
1,000.........................................    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000        500
800...........................................    4x10\7\    4x10\6\    4x10\5\    4x10\4\      4,000        400
700...........................................  3.5x10\7\  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350
400...........................................    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000        200
200...........................................    1x10\7\    1x10\6\    1x10\5\    1x10\4\      1,000        100
140...........................................    7x10\6\    7x10\5\    7x10\4\      7,000        700         70
100...........................................    5x10\6\    5x10\5\    5x10\4\      5,000        500         50
80............................................    4x10\6\    4x10\5\    4x10\4\      4,000        400         40
70............................................  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350         35
40............................................    2x10\6\    2x10\5\    2x10\4\      2,000        200         20
20............................................    1x10\6\    1x10\5\    1x10\4\      1,000        100         10
14............................................    7x10\5\    7x10\4\      7,000        700         70          7
10............................................    5x10\5\    5x10\4\      5,000        500         50          5
8.............................................    4x10\5\    4x10\4\      4,000        400         40          4
7.............................................  3.5x10\5\  3.5x10\4\      3,500        350         35        3.5
4.............................................    2x10\5\    2x10\4\      2,000        200         20          2
2.............................................    1x10\5\    1x10\4\      1,000        100         10          1
1.4...........................................    7x10\4\      7,000        700         70          7        0.7
1.0...........................................    5x10\4\      5,000        500         50          5        0.5
0.8...........................................    4x10\4\      4,000        400         40          4        0.4
0.7...........................................  3.5x10\4\      3,500        350         35        3.5       0.35
0.4...........................................    2x10\4\      2,000        200         20          2        0.2
0.2...........................................    1x10\4\      1,000        100         10          1        0.1
0.14..........................................      7,000        700         70          7        0.7       0.07
0.1...........................................      5,000        500         50          5        0.5       0.05
0.08..........................................      4,000        400         40          4        0.4       0.04
0.07..........................................      3,500        350         35        3.5       0.35      0.035
0.04..........................................      2,000        200         20          2        0.2       0.02
0.02..........................................      1,000        100         10          1        0.1       0.01
0.014.........................................        700         70          7        0.7       0.07      0.007
0.01..........................................        500         50          5        0.5       0.05      0.005
0.008.........................................        400         40          4        0.4       0.04      0.004
0.007.........................................        350         35        3.5       0.35      0.035     0.0035
0.004.........................................        200         20          2        0.2       0.02      0.002
0.002.........................................        100         10          1        0.1       0.01      0.001
0.0014........................................         70          7        0.7       0.07      0.007     7x10-4
0.001.........................................         50          5        0.5       0.05      0.005     5x10-4
8x10-4........................................         40          4        0.4       0.04      0.004     4x10-4
7x10-4........................................         35        3.5      0.035      0.035     0.0035   3.5x10-4
4x10-4........................................         20          2        0.2       0.02      0.002     2x10-4
2x10-4........................................         10          1        0.1       0.01      0.001     1x10-4
1.4x10-4......................................          7        0.7       0.07      0.007     7x10-4     7x10-5
1x10-4........................................          5        0.5       0.05      0.005     5x10-4     5x10-5
8x10-5........................................          4        0.4       0.04      0.004     4x10-4     4x10-5
7x10-5........................................        3.5       0.35      0.035     0.0035   3.5x10-4   3.5x10-5
4x10-5........................................          2        0.2       0.02      0.002     2x10-4     2x10-5
2x10-5........................................          1        0.1       0.01      0.001     1x10-4     1x10-5
1.4x10-5......................................        0.7       0.07      0.007     7x10-4     7x10-5     7x10-6
8x10-6........................................        0.4       0.04      0.004     4x10-4     4x10-5     4x10-6
7x10-6........................................       0.35      0.035     0.0035   3.5x10-4   3.5x10-5   3.5x10-6
2x10-6........................................        0.1       0.01      0.001     1x10-4     1x10-5     1x10-6
1.4x10-6......................................       0.07      0.007     7x10-4     7x10-5     7x10-6     7x10-7
8x10-7........................................       0.04      0.004     4x10-4     4x10-5     4x10-6     4x10-7
7x10-7........................................      0.035     0.0035   3.5x10-4   3.5x10-5   3.5x10-6   3.5x10-7
2x10-7........................................       0.01      0.001     1x10-4     1x10-5     1x10-6     1x10-7
1.4x10-7......................................      0.007     7x10-4     7x10-5     7x10-6     7x10-7     7x10-8
8x10-8........................................      0.004     4x10-4     4x10-5     4x10-6     4x10-7     4x10-8
7x10-8........................................     0.0035   3.5x10-4   3.5x10-5   3.5x10-6   3.5x10-7   3.5x10-8
2x10-8........................................      0.001     1x10-4     1x10-5     1x10-6     1x10-7     1x10-8
1.4x10-8......................................     7x10-4     7x10-5     7x10-6     7x10-7     7x10-8     7x10-9
8x10-9........................................     4x10-4     4x10-5     4x10-6     4x10-7     4x10-8     4x10-9
2x10-9........................................     1x10-4     1x10-5     1x10-6     1x10-7     1x10-8     1x10-9
1.4x10-9......................................     7x10-5     7x10-6     7x10-7     7x10-8     7x10-9    7x10-10
8x10-10.......................................     4x10-5     4x10-6     4x10-7     4x10-8     4x10-9    4x10-10
1.4x10-10.....................................     7x10-6     7x10-7     7x10-8     7x10-9    7x10-10    4x10-11
1.4x10-11.....................................     7x10-7     7x10-8     7x10-9    7x10-10    7x10-11    7x10-12
1.4x10-12.....................................     7x10-8     7x10-9    7x10-10    7x10-11    7x10-12    7x10-13
0.............................................          0          0          0          0          0          0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.


[[Page 171]]

    4.2.2.3.2 Population. Evaluate the population factor for the 
watershed based on three factors: Level I concentrations, Level II 
concentrations, and potential contamination. Determine which factor 
applies to an intake as specified in section 4.2.2.3. Determine the 
population to be counted for that intake as specified in section 
4.1.2.3.2, using the target distance limits in section 4.2.1.4 and the 
hazardous substance migration path in section 4.2.1.2.
    4.2.2.3.2.1 Level I concentrations. Assign a value to this factor as 
specified in section 4.1.2.3.2.2.
    4.2.2.3.2.2 Level II concentrations. Assign a value to this factor 
as specified in section 4.1.2.3.2.3.
    4.2.2.3.2.3 Potential contamination. For each applicable type of 
surface water body in table 4-14, determine the dilution-weighted 
population value as specified in section 4.1.2.3.2.4. Select the 
appropriate dilution weight adjustment value from table 4-27 as 
specified in section 4.2.2.3.1.
    Calculate the value for the potential contamination factor (PC) for 
the watershed as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.157

where:

A=Dilution weight adjustment value from table 4-27.
Wi=Dilution-weighted population from table 4-14 for surface 
water body type i.
n=Number of different surface water body types in the watershed.
    If PC is less than 1, do not round it to the nearest integer; if PC 
is 1 or more, round to the nearest integer. Enter the value in table 4-
25.
    4.2.2.3.2.4 Calculation of population factor value. Sum the factor 
values for Level I concentrations, Level II concentrations, and 
potential contamination. Do not round this sum to the nearest integer. 
Assign this sum as the population factor value for the watershed. Enter 
this value in table 4-25.
    4.2.2.3.3 Resources. Assign a value to the resources factor as 
specified in section 4.1.2.3.3.
    4.2.2.3.4 Calculation of drinking water threat-targets factor 
category value. Sum the nearest intake, population, and resources factor 
values for the watershed. Do not round this sum to the nearest integer. 
Assign this sum as the drinking water threat-targets factor category 
value for the watershed. Enter this value in table 4-25.
    4.2.2.4 Calculation of drinking water threat score for a watershed. 
Multiply the drinking water threat factor category values for likelihood 
of release, waste characteristics, and targets for the watershed, and 
round the product to the nearest integer. Then divide by 82,500. Assign 
the resulting value, subject to a maximum of 100, as the drinking water 
threat score for the watershed. Enter this score in table 4-25.
    4.2.3 Human food chain threat. Evaluate the human food chain threat 
for a watershed based on three factor categories: likelihood of release, 
waste characteristics, and targets.
    4.2.3.1 Human food chain threat-likelihood of release. Assign the 
same likelihood of release factor category value for the human food 
chain threat for the watershed as would be assigned in section 4.2.2.1.3 
for the drinking water threat. Enter this value in table 4-25.
    4.2.3.2 Human food chain threat-waste characteristics. Evaluate the 
waste characteristics factor category for each watershed based on two 
factors: toxicity/mobility/persistence/bioaccumulation and hazardous 
waste quantity.
    4.2.3.2.1 Toxicity/mobility/persistence/bioaccumulation. Evaluate 
all those hazardous substances eligible to be evaluated for toxicity/
mobility/persistence in the drinking water threat for the watershed (see 
section 4.2.2.2.1).
    4.2.3.2.1.1 Toxicity. Assign a toxicity factor value to each 
hazardous substance as specified in section 2.4.1.1.
    4.2.3.2.1.2 Mobility. Assign a ground water mobility factor value to 
each hazardous substance as specified for the drinking water threat (see 
section 4.2.2.2.1.2).
    4.2.3.2.1.3 Persistence. Assign a surface water persistence factor 
value to each hazardous substance as specified for the drinking water 
threat (see section 4.2.2.2.1.3), except: use the predominant water 
category (that is, lakes; or rivers, oceans, coastal tidal waters, or 
Great Lakes) between the probable point of entry and the nearest fishery 
(not the nearest drinking water or resources intake) along the hazardous 
substance migration path for the watershed to determine which portion of 
table 4-10 to use. Determine the predominant water category based on 
distance as specified in section 4.1.2.2.1.2.
    4.2.3.2.1.4 Bioaccumulation potential. Assign a bioaccumulation 
potential factor value to each hazardous substance as specified in 
section 4.1.3.2.1.3.
    4.2.3.2.1.5 Calculation of toxicity/mobility/persistence/ 
bioaccumulation factor value. Assign each hazardous substance a 
toxicity/mobility factor value from table 3-9 (section 3.2.1.3), based 
on the values assigned to the hazardous substance for the toxicity and 
mobility factors. Then assign each hazardous substance a toxicity/
mobility/persistence factor value from table 4-26, based on the values 
assigned for the toxicity/mobility and persistence factors. Then assign 
each hazardous substance a toxicity/mobility/persistence/bioaccumulation 
factor value from

[[Page 172]]

table 4-28. Use the substance with the highest toxicity/mobility/
persistence/bioaccumulation factor value for the watershed to assign the 
value to this factor for the watershed. Enter this value in table 4-25.

    4.2.3.2.2 Hazardous waste quantity. Assign the same factor value for 
hazardous waste quantity for the watershed as would be assigned in 
section 4.2.2.2.2 for the drinking water threat. Enter this value in 
table 4-25.
    4.2.3.2.3 Calculation of human food chain threat-waste 
characteristics factor category value. For the hazardous substance 
selected for the watershed in section 4.2.3.2.1.5, use its toxicity/
mobility/ persistence factor value and bioaccumulation potential factor 
value as follows to assign a value to the waste characteristics factor 
category. First, multiply the toxicity/mobility/persistence factor value 
and the hazardous waste quantity factor value for the watershed, subject 
to a maximum product of 1x10\8\. Then multiply this product by the 
bioaccumulation potential factor value for this hazardous substance, 
subject to a maximum product of 1x10\12\. Based on this second product, 
assign a value from table 2-7 (section 2.4.3.1) to the human food chain 
threat-waste characteristics factor category for the watershed. Enter 
this value in table 4-25.
    4.2.3.3 Human food chain threat-targets. Evaluate two target factors 
for the watershed: food chain individual and population.
    For both factors, determine whether the target fisheries are subject 
to Level I concentrations, Level II concentrations, or potential human 
food chain contamination. Determine which applies to each fishery (or 
portion of a fishery) as specified in section 4.1.3.3, subject to the 
restrictions specified in sections 4.2.1.3 and 4.2.1.4.
    4.2.3.3.1 Food chain individual. Assign a value to the food chain 
individual factor as specified in section 4.1.3.3.1 with the following 
modification. When a dilution weight is used, multiply the appropriate 
dilution weight from table 4-13 by the adjustment value selected from 
table 4-27, as specified in section 4.2.2.3.1. Use the resulting 
product, not the value from table 4-13, as the dilution weight in 
assigning the factor value. Do not round this product to the nearest 
integer. Enter the value assigned in table 4-25.
    4.2.3.3.2 Population. Evaluate the population factor for the 
watershed based on three factors: Level I concentrations, Level II 
concentrations, and potential human food chain contamination. Determine 
which of these factors is to be applied to each fishery as specified in 
section 4.2.3.3.
    4.2.3.3.2.1 Level I concentrations. Assign a value to this factor as 
specified in section 4.1.3.3.2.1. Enter this value in table 4-25.
    4.2.3.3.2.2 Level II concentrations. Assign a value to this factor 
as specified in section 4.1.3.3.2.2. Enter this value in table 4-25.
    4.2.3.3.2.3 Potential human food chain contamination. Assign a value 
to this factor as specified in section 4.1.3.3.2.3 with the following 
modification. For each fishery being evaluated, multiply the appropriate 
dilution weight for that fishery from table 4-13 by the adjustment value 
selected from table 4-27, as specified in section 4.2.2.3.1. Use the 
resulting product, not the value from table 4-13, as the dilution weight 
for the fishery. Do not round this product to the nearest integer. Enter 
the value assigned in table 4-25.
    4.2.3.3.2.4 Calculation of population factor value. Sum the factor 
values for Level I concentrations, Level II concentrations, and 
potential human food chain contamination for the watershed. Do not round 
this sum to the nearest integer. Assign this sum as the population 
factor value for the watershed. Enter this value in table 4-25.
    4.2.3.3.3 Calculation of human food chain threat-targets factor 
category value. Sum the food chain individual and population factor 
values for the watershed. Do not round this sum to the nearest integer. 
Assign this sum as the human food chain threat-targets factor category 
value for the watershed. Enter this value in table 4-25.
    4.2.3.4 Calculation of human food chain threat score for a 
watershed. Multiply the human food chain threat factor category values 
for likelihood of release, waste characteristics, and targets for the 
watershed, and round the product to the nearest integer. Then divide by 
82,500. Assign the resulting value, subject to a maximum of 100, as the 
human food chain threat score for the watershed. Enter this score in 
table 4-25.
    4.2.4 Environmental threat. Evaluate the environmental threat for 
the watershed based on three factor categories: likelihood of release, 
waste characteristics, and targets.
    4.2.4.1 Environmental threat-likelihood of release. Assign the same 
likelihood of release factor category value for the environmental threat 
for the watershed as would be assigned in section 4.2.2.1.3 for the 
drinking water threat. Enter this value in table 4-25.
    4.2.4.2 Environmental threat-waste characteristics. Evaluate the 
waste characteristics factor category for each watershed based on two 
factors: ecosystem toxicity/mobility/persistence/bioaccumulation and 
hazardous waste quantity.
    4.2.4.2.1 Ecosystem toxicity/mobility/persistence/bioaccumulation. 
Evaluate all those hazardous substances eligible to be evaluated for 
toxicity/mobility/persistence in the drinking water threat for the 
watershed (see section 4.2.2.2.1).
    4.2.4.2.1.1 Ecosystem toxicity. Assign an ecosystem toxicity factor 
value to each hazardous substance as specified in section 4.1.4.2.1.1.

[[Page 173]]

    4.2.4.2.1.2 Mobility. Assign a ground water mobility factor value to 
each hazardous substance as specified in section 4.2.2.2.1.2 for the 
drinking water threat.
    4.2.4.2.1.3 Persistence. Assign a surface water persistence factor 
value to each hazardous substance as specified in section 4.2.2.2.1.3 
for the drinking water threat, except: use the predominant water 
category (that is, lakes; or rivers, oceans, coastal tidal waters, or 
Great Lakes) between the probable point of entry and the nearest 
sensitive environment (not the nearest drinking water or resources 
intake) along the hazardous substance migration path for the watershed 
to determine which portion of table 4-10 to use. Determine the 
predominant water category based on distance as specified in section 
4.1.2.2.1.2.
    4.2.4.2.1.4 Ecosystem bioaccumulation potential. Assign an ecosystem 
bioaccumulation potential factor value to each hazardous substance as 
specified in section 4.1.4.2.1.3.
    4.2.4.2.1.5 Calculation of ecosystem toxicity/mobility/persistence/ 
bioaccumulation factor value. Assign each hazardous substance an 
ecosystem toxicity/mobility factor value from table 3-9 (section 
3.2.1.3), based on the values assigned to the hazardous substance for 
the ecosystem toxicity and mobility factors. Then assign each hazardous 
substance an ecosystem toxicity/mobility/persistence factor value from 
table 4-29, based on the values assigned for the ecosystem toxicity/
mobility and persistence factors. Then assign each hazardous substance 
an ecosystem toxicity/mobility/persistence/bioaccumulation factor value 
from table 4-30, based on the values assigned for the ecosystem 
toxicity/mobility/persistence and ecosystem bioaccumulation potential 
factors. Select the substance with the highest ecosystem toxicity/
mobility/persistence/bioaccumulation factor value for the watershed and 
use it to assign the value to this factor for the watershed. Enter this 
value in table 4-25.

                      Table 4-29--Ecosystem Toxicity/Mobility/Persistence Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                                             Persistence factor value
            Ecosystem toxicity/mobility factor value             -----------------------------------------------
                                                                     1.0        0.4         0.07        0.0007
----------------------------------------------------------------------------------------------------------------
10,000..........................................................     10,000      4,000          700            7
2,000...........................................................      2,000        800          140     1.41,000
1,000...........................................................      1,000        400           70          0.7
200.............................................................        200         80           14         0.14
100.............................................................        100         40            7         0.07
20..............................................................         20          8          1.4        0.014
10..............................................................         10          4          0.7        0.007
2...............................................................          2        0.8         0.14       0.0014
1...............................................................          1        0.4         0.07       7x10-4
0.2.............................................................        0.2       0.08        0.014     1.4x10-4
0.1.............................................................        0.1       0.04        0.007       7x10-5
0.2.............................................................        0.2      0.008       0.0014     1.4x10-5
0.01............................................................       0.01      0.004       7x10-4       7x10-6
0.002...........................................................      0.002     8x10-4     1.4x10-4     1.4x10-6
0.001...........................................................      0.001     4x10-4       7x10-5       7x10-7
2x10-4..........................................................     2x10-4     8x10-5     1.4x10-5     1.4x10-7
1x10-4..........................................................     1x10-4     4x10-5       7x10-6       7x10-8
2x10-5..........................................................     2x10-5     8x10-6     1.4x10-6     1.4x10-8
2x10-6..........................................................     2x10-6     8x10-7     1.4x10-7     1.4x10-9
2x10-7..........................................................     2x10-7     8x10-8     1.4x10-8    1.4x10-10
2x10-8..........................................................     2x10-8     8x10-9     1.4x10-9    1.4x10-11
2x10-9..........................................................     2x10-9    8x10-10    1.4x10-10    1.4x10-12
0...............................................................          0          0            0            0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.


              Table 4-30--Ecosystem Toxicity/Mobility/Persistence/Bioaccumulation Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                        Ecosystem bioaccumulation potential factor value
Ecosystem toxicity/mobility/persistence factor -----------------------------------------------------------------
                     value                        50,000     5,000       500         50         5         0.5
----------------------------------------------------------------------------------------------------------------
10,000........................................    5x10\8\    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000
4,000.........................................    2x10\8\    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000
2,000.........................................   1,x10\8\    1x10\7\    1x10\6\    1x10\5\    1x10\4\      1,000
1,000.........................................    5x10\7\    5x10\6\    5x10\5\    5x10\4\      5,000        500
800...........................................    4x10\7\    4x10\6\    4x10\5\    4x10\4\      4,000        400
700...........................................  3.5x10\7\  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350
400...........................................    2x10\7\    2x10\6\    2x10\5\    2x10\4\      2,000        200
200...........................................    1x10\7\    1x10\6\    1x10\5\    1x10\4\      1,000        100
140...........................................    7x10\6\    7x10\5\    7x10\4\      7,000        700         70
100...........................................    5x10\6\    5x10\5\    5x10\4\      5,000        500         50
80............................................    4x10\6\    4x10\5\    4x10\4\      4,000        400         40
70............................................  3.5x10\6\  3.5x10\5\  3.5x10\4\      3,500        350         35

[[Page 174]]

 
40............................................    2x10\6\    2x10\5\    2x10\4\      2,000        200         20
20............................................    1x10\6\    1x10\5\    1x10\4\      1,000        100         10
14............................................    7x10\5\    7x10\4\      7,000        700         70          7
10............................................    5x10\5\    5x10\4\      5,000        500         50          5
8.............................................    4x10\5\    4x10\4\      4,000        400         40          4
7.............................................  3.5x10\5\  3.5x10\4\      3,500        350         35        3.5
4.............................................    2x10\5\    2x10\4\      2,000        200         20          2
2.............................................    1x10\5\    1x10\4\      1,000        100         10          1
1.4...........................................    7x10\4\      7,000        700         70          7        0.7
1.0...........................................    5x10\4\      5,000        500         50          5        0.5
0.8...........................................    4x10\4\      4,000        400         40          4        0.4
0.7...........................................  3.5x10\4\      3,500        350         35        3.5       0.35
0.4...........................................    2x10\4\      2,000        200         20          2        0.2
0.2...........................................    1x10\4\      1,000        100         10          1        0.1
0.14..........................................      7,000        700         70          7        0.7       0.07
0.1...........................................      5,000        500         50          5        0.5       0.05
0.08..........................................      4,000        400         40          4        0.4       0.04
0.07..........................................      3,500        350         35        3.5       0.35      0.035
0.04..........................................      2,000        200         20          2        0.2       0.02
0.02..........................................      1,000        100         10          1        0.1       0.01
0.014.........................................        700         70          7        0.7       0.07      0.007
0.01..........................................        500         50          5        0.5       0.05      0.005
0.008.........................................        400         40          4        0.4       0.04      0.004
0.007.........................................        350         35        3.5       0.35      0.035     0.0035
0.004.........................................        200         20          2        0.2       0.02      0.002
0.002.........................................        100         10          1        0.1       0.01      0.001
0.0014........................................         70          7        0.7       0.07      0.007     7x10-4
0.001.........................................         50          5        0.5       0.05      0.005     5x10-4
8x10-4........................................         40          4        0.4       0.04      0.004     4x10-4
7x10-4........................................         35        3.5       0.35      0.035     0.0035   3.5x10-4
4x10-4........................................         20          2        0.2       0.02      0.002     2x10-4
2x10-4........................................         10          1        0.1       0.01      0.001     1x10-4
1.4x10-4......................................          7        0.7       0.07      0.007     7x10-4     7x10-5
1x10-4........................................          5        0.5       0.05      0.005     5x10-4     5x10-5
8x10-5........................................          4        0.4       0.04      0.004     4x10-4     4x10-5
7x10-5........................................        3.5       0.35      0.035     0.0035   3.5x10-4   3.5x10-5
4x10-5........................................          2        0.2       0.02      0.002     2x10-4     2x10-5
2x10-5........................................          1        0.1       0.01      0.001     1x10-4     1x10-5
1.4x10-5......................................        0.7       0.07      0.007     7x10-4     7x10-5     7x10-6
8x10-6........................................        0.4       0.04      0.004     4x10-4     4x10-5     4x10-6
7x10-6........................................       0.35      0.035     0.0035   3.5x10-4   3.5x10-5   3.5x10-6
2x10-6........................................        0.1       0.01      0.001     1x10-4     1x10-5     1x10-6
1.4x10-6......................................       0.07      0.007     7x10-4     7x10-5     7x10-6     7x10-7
8x10-7........................................       0.04      0.004     4x10-4     4x10-5     4x10-6     4x10-7
7x10-7........................................      0.035     0.0035   3.5x10-4   3.5x10-5   3.5x10-6   3.5x10-7
2x10-7........................................       0.01      0.001     1x10-4     1x10-5     1x10-6     1x10-7
1.4x10-7......................................      0.007     7x10-4     7x10-5     7x10-6     7x10-7     7x10-8
8x10-8........................................      0.004     4x10-4     4x10-5     4x10-6     4x10-7     4x10-8
7x10-8........................................     0.0035   3.5x10-4   3.5x10-5   3.5x10-6   3.5x10-7   3.5x10-8
2x10-8........................................      0.001     1x10-4     1x10-5     1x10-6     1x10-7     1x10-8
1.4x10-8......................................     7x10-4     7x10-5     7x10-6     7x10-7     7x10-8     7x10-9
8x10-9........................................     4x10-4     4x10-5     4x10-6     4x10-7     4x10-8     4x10-9
2x10-9........................................     1x10-4     1x10-5     1x10-6     1x10-7     1x10-8     1x10-9
1.4x10-9......................................     7x10-5     7x10-6     7x10-7     7x10-8     7x10-9    7x10-10
8x10-10.......................................     4x10-5     4x10-6     4x10-7     4x10-8     4x10-9    4x10-10
1.4x10-10.....................................     7x10-6     7x10-7     7x10-8     7x10-9    7x10-10    7x10-11
1.4x10-11.....................................     7x10-7     7x10-8     7x10-9    7x10-10    7x10-11    7x10-12
1.4x10-12.....................................     7x10-8     7x10-9    7x10-10    7x10-11    7x10-12    7x10-13
0.............................................          0          0          0          0          0          0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    4.2.4.2.2 Hazardous waste quantity. Assign the same factor value for 
hazardous waste quantity for the watershed as would be assigned in 
section 4.2.2.2.2 for the drinking water threat. Enter this value in 
table 4-25.
    4.2.4.2.3 Calculation of environmental threat-waste characteristics 
factor category

[[Page 175]]

value. For the hazardous substance selected for the watershed in section 
4.2.4.2.1.5, use its ecosystem toxicity/mobility/persistence factor 
value and ecosystem bioaccumulation potential factor value as follows to 
assign a value to the waste characteristics factor category. First, 
multiply the ecosystem toxicity/mobility/persistence factor value and 
the hazardous waste quantity factor value for the watershed, subject to 
a maximum product of 1x10\8\. Then multiply this product by the 
ecosystem bioaccumulation potential factor value for this hazardous 
substance, subject to a maximum product of 1x10\12\. Based on this 
product, assign a value from table 2-7 (section 2.4.3.1) to the 
environmental threat-waste characteristics category for the watershed. 
Enter the value in table 4-25.
    4.2.4.3 Environmental threat-targets. Evaluate the environmental 
threat-targets factor category for a watershed using one factor: 
sensitive environments.
    4.2.4.3.1 Sensitive environments. Evaluate sensitive environments 
for the watershed based on three factors: Level I concentrations, Level 
II concentrations, and potential contamination. Determine which applies 
to each sensitive environment as specified in section 4.1.4.3.1, except: 
use only those samples from the surface water in-water segment and only 
those hazardous substances in such samples that meet the conditions in 
sections 4.2.1.3 and 4.2.1.4.
    4.2.4.3.1.1 Level I concentrations. Assign a value to this factor as 
specified in section 4.1.4.3.1.1. Enter this value in table 4-25.
    4.2.4.3.1.2 Level II concentrations. Assign a value to this factor 
as specified in section 4.1.4.3.1.2. Enter this value in table 4-25.
    4.2.4.3.1.3 Potential contamination. Assign a value to this factor 
as specified in section 4.1.4.3.1.3 with the following modification. 
Multiply the appropriate dilution weight from table 4-13 for the 
sensitive environments in each type of surface water body by the 
adjustment value selected from table 4-27, as specified in section 
4.2.2.3.1. Use the resulting product, not the value from table 4-13, as 
the dilution weight for the sensitive environments in that type of 
surface water body. Do not round this product to the nearest integer. 
Enter the value assigned in table 4-25.
    4.2.4.3.1.4 Calculation of environmental threat-targets factor 
category value. Sum the values for Level I concentrations, Level II 
concentrations, and potential contamination for the watershed. Do not 
round this sum to the nearest integer. Assign this sum as the 
environmental threat targets factor category value for the watershed. 
Enter this value in table 4-25.
    4.2.4.4 Calculation of environmental threat score for a watershed. 
Multiply the environmental threat factor category values for likelihood 
of release, waste characteristics, and targets for the watershed, and 
round the product to the nearest integer. Then divide by 82,500. Assign 
the resulting value, subject to a maximum of 60, as the environmental 
threat score for the watershed. Enter this score in table 4-25.
    4.2.5 Calculation of ground water to surface water migration 
component score for a watershed. Sum the scores for the three threats 
for the watershed (that is, drinking water, human food chain, and 
environmental threats). Assign the resulting score, subject to a maximum 
value of 100, as the ground water to surface water migration component 
score for the watershed. Enter this score in table 4-25.
    4.2.6 Calculation of ground water to surface water migration 
component score. Select the highest ground water to surface water 
migration component score from the watersheds evaluated. Assign this 
score as the ground water to surface water migration component score for 
the site, subject to a maximum score of 100. Enter this score in table 
4-25.
    4.3 Calculation of surface water migration pathway score. Determine 
the surface water migration pathway score as follows:
     If only one of the two surface water migration 
components (overland/flood or ground water to surface water) is scored, 
assign the score of that component as the surface water migration 
pathway score.
     If both components are scored, select the higher 
of the two component scores from sections 4.1.6 and 4.2.6. Assign that 
score as the surface water migration pathway score.

                        5.0 Soil Exposure Pathway

    Evaluate the soil exposure pathway based on two threats: Resident 
population threat and nearby population threat. Evaluate both threats 
based on three factor categories: Likelihood of exposure, waste 
characteristics, and targets. Figure 5-1 indicates the factors included 
within each factor category for each type of threat.
    Determine the soil exposure pathway score (Ss)in terms of 
the factor category values as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.158

where:

LEi=Likelihood of exposure factor category value for threat i 
(that is, resident population threat or nearby population threat).
WCi=Waste characteristics factor category value for threat i.
Ti=Targets factor category value for threat i.
SF=Scaling factor.
    Table 5-1 outlines the specific calculation procedure.

[[Page 176]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.011


                                   Table 5-1--Soil Exposure Pathway Scoresheet
----------------------------------------------------------------------------------------------------------------
                                                                                          Maximum       Value
                             Factor categories and factors                                 value       assigned
----------------------------------------------------------------------------------------------------------------
                              Resident Population Threat
  Likelihood of Exposure
         1. Likelihood of Exposure....................................................          550         ----

[[Page 177]]

 
  Waste Characteristics
         2. Toxicity..................................................................          (a)         ----
         3. Hazardous Waste Quantity..................................................          (a)         ----
         4. Waste Characteristics.....................................................          100         ----
  Targets
         5. Resident Individual.......................................................           50         ----
         6. Resident Population:
            6a. Level I Concentrations................................................          (b)         ----
            6b. Level II Concentrations...............................................          (b)         ----
            6c. Resident Population (lines 6a + 6b)...................................          (b)         ----
         7. Workers...................................................................           15         ----
         8. Resources.................................................................            5         ----
         9. Terrestrial Sensitive Environments........................................          (c)         ----
        10. Targets (lines 5 + 6c + 7 + 8 + 9)........................................          (b)         ----
  Resident Population Threat Score
        11. Resident Population Threat (lines 1x4x 10)................................          (b)         ----
                               Nearby Population Threat
  Likelihood of Exposure
        12. Attractiveness/Accessibility..............................................          100         ----
        13. Area of Contamination.....................................................          100         ----
        14. Likelihood of Exposure....................................................          500         ----
  Waste Characteristics
        15. Toxicity..................................................................          (a)         ----
        16. Hazardous Waste Quantity..................................................          (a)         ----
        17. Waste Characteristics.....................................................          100         ----
  Targets
        18. Nearby Individual.........................................................            1         ----
        19. Population Within 1 Mile..................................................          (b)         ----
        20. Targets (lines 18 + 19)...................................................          (b)         ----
  Nearby Population Threat Score
        21. Nearby Population Threat (lines 14x17x 20)................................          (b)         ----
Soil Exposure Pathway Score
        22. Soil Exposure Pathway Score \d\ (Ss), (lines [11+21] / 82,500, subject to           100        ----
         a maximum of 100)............................................................
----------------------------------------------------------------------------------------------------------------
\a\ Maximum value applies to waste characteristics category.
\b\ Maximum value not applicable.
\c\ No specific maximum value applies to factor. However, pathway score based solely on terrestrial sensitive
  environments is limited to maximum of 60.
\d\ Do not round to nearest integer.

    5.0.1 General considerations. Evaluate the soil exposure pathway 
based on areas of observed contamination:
     Consider observed contamination to be present at 
sampling locations where analytic evidence indicates that:

-A hazardous substance attributable to the site is present at a 
concentration significantly above background levels for the site (see 
table 2-3 in section 2.3 for the criteria for determining analytical 
significance), and
-This hazardous substance, if not present at the surface, is covered by 
2 feet or less of cover material (for example, soil).
     Establish areas of observed contamination based 
on sampling locations at which there is observed contamination as 
follows:

-For all sources except contaminated soil, if observed contamination 
from the site is present at any sampling location within the source, 
consider that entire source to be an area of observed contamination.
-For contaminated soil, consider both the sampling location(s) with 
observed contamination from the site and the area lying between such 
locations to be an area of observed contamination, unless available 
information indicates otherwise.
     If an area of observed contamination (or portion 
of such an area) is covered by a permanent, or otherwise maintained, 
essentially impenetrable material (for example, asphalt) that is not 
more than 2 feet thick, exclude that area (or portion of the area) in 
evaluating the soil exposure pathway.
     For an area of observed contamination, consider 
only those hazardous substances that meet the criteria for observed 
contamination for that area to be associated with that area in 
evaluating the soil exposure pathway (see section 2.2.2).
    If there is observed contamination, assign scores for the resident 
population threat and the nearby population threat, as specified in 
sections 5.1 and 5.2. If there is no observed contamination, assign the 
soil exposure pathway a score of 0.
    5.1 Resident Population Threat. Evaluate the resident population 
threat only if there

[[Page 178]]

is an area of observed contamination in one or more of the following 
locations:
     Within the property boundary of a residence, 
school, or day care center and within 200 feet of the respective 
residence, school, or day care center, or
     Within a workplace property boundary and within 
200 feet of a workplace area, or
     Within the boundaries of a resource specified in 
section 5.1.3.4, or
     Within the boundaries of a terrestrial sensitive 
environment specified in section 5.1.3.5.

    If not, assign the resident population threat a value of 0, enter 
this value in table 5-1, and proceed to the nearby population threat 
(section 5.2).
    5.1.1 Likelihood of exposure. Assign a value of 550 to the 
likelihood of exposure factor category for the resident population 
threat if there is an area of observed contamination in one or more 
locations listed in section 5.1. Enter this value in table 5-1.
    5.1.2 Waste characteristics. Evaluate waste characteristics based on 
two factors: toxicity and hazardous waste quantity. Evaluate only those 
hazardous substances that meet the criteria for observed contamination 
at the site (see section 5.0.1).
    5.1.2.1 Toxicity. Assign a toxicity factor value to each hazardous 
substance as specified in section 2.4.1.1. Use the hazardous substance 
with the highest toxicity factor value to assign the value to the 
toxicity factor for the resident population threat. Enter this value in 
table 5-1.
    5.1.2.2 Hazardous waste quantity. Assign a hazardous waste quantity 
factor value as specified in section 2.4.2. In estimating the hazardous 
waste quantity, use table 5-2 and:
     Consider only the first 2 feet of depth of an 
area of observed contamination, except as specified for the volume 
measure.
     Use the volume measure (see section 2.4.2.1.3) 
only for those types of areas of observed contamination listed in Tier C 
of table 5-2. In evaluating the volume measure for these listed areas of 
observed contamination, use the full volume, not just the volume within 
the top 2 feet.
     Use the area measure (see section 2.4.2.1.4), not 
the volume measure, for all other types of areas of observed 
contamination, even if their volume is known.

    Enter the value assigned in table 5-1.

    Table 5-2--Hazardous Waste Quantity Evaluation Equations For Soil
                            Exposure Pathway
------------------------------------------------------------------------
                                                         Equation for
      Tier            Measure             Units         assigning value
                                                              \a\
------------------------------------------------------------------------
A                Hazardous          lb                C
                  Constituent
                  Quantity (C)
B \b\            Hazardous          lb                W/5,000
                  Wastestream
                  Quantity (W)
C \b\            Volume (V)
                  Surface           yd\3\             V/2.5
                  Impoundment \c\
                 Drums \d\          gallon            V/500
                  Tanks and         yd\3\             V/2.5
                  Containers Other
                  Than Drums
D \b\            Area (A)
                  Landfill          ft\2\             A/34,000
                  Surface           ft\2\             A/13
                  Impoundment
                  Surface           ft\2\             A/13
                  Impoundment
                  (Buried/
                  backfilled)
                  Land treatment    ft\2\             A/270
                  Pile \e\          ft\2\             A/34
                  Contaminated      ft\2\             A/34,000
                  Soil
------------------------------------------------------------------------
\a\ Do not round nearest integer.
\b\ Convert volume to mass when necessary: 1 ton=2,000 pounds=1 cubic
  yard=4 drums=200 gallons.
\c\ Use volume measure only for surface impoundments containing
  hazardous substances present as liquids. Use area measures in Tier D
  for dry surface impoundments and for buried/backfilled surface
  impoundments.
\d\ If actual volume of drums is unavailable, assume 1 drum=50 gallons.
\e\ Use land surface area under pile, not surface area of pile.

    5.1.2.3 Calculation of waste characteristics factor category value. 
Multiply the toxicity and hazardous waste quantity factor values, 
subject to a maximum product of 1x10\8\. Based on this product, assign a 
value from table 2-7 (section 2.4.3.1) to the waste characteristics 
factor category. Enter this value in table 5-1.
    5.1.3 Targets. Evaluate the targets factor category for the resident 
population threat based on five factors: resident individual, resident 
population, workers, resources, and terrestrial sensitive environments.
    In evaluating the targets factor category for the resident 
population threat, count only the following as targets:
     Resident individual--a person living or attending 
school or day care on a property with an area of observed contamination 
and whose residence, school, or day care center, respectively, is on or 
within 200 feet of the area of observed contamination.
     Worker--a person working on a property with an 
area of observed contamination and whose workplace area is on or within 
200 feet of the area of observed contamination.
     Resources located on an area of observed 
contamination, as specified in section 5.1.
     Terrestrial sensitive environments located on an 
area of observed contamination, as specified in section 5.1.
    5.1.3.1 Resident individual. Evaluate this factor based on whether 
there is a resident individual, as specified in section 5.1.3, who is 
subject to Level I or Level II concentrations.

[[Page 179]]

    First, determine those areas of observed contamination subject to 
Level I concentrations and those subject to Level II concentrations as 
specified in sections 2.5.1 and 2.5.2. Use the health-based benchmarks 
from table 5-3 in determining the level of contamination. Then assign a 
value to the resident individual factor as follows:
     Assign a value of 50 if there is at least one 
resident individual for one or more areas subject to Level I 
concentrations.
     Assign a value of 45 if there is no such resident 
individuals, but there is at least one resident individual for one or 
more areas subject to Level II concentrations.
     Assign a value of 0 if there is no resident 
individual.

    Enter the value assigned in table 5-1.
    5.1.3.2 Resident population. Evaluate resident population based on 
two factors: Level I concentrations and Level II concentrations. 
Determine which factor applies as specified in sections 2.5.1 and 2.5.2, 
using the health-based benchmarks from table 5-3. Evaluate populations 
subject to Level I concentrations as specified in section 5.1.3.2.1 and 
populations subject to Level II concentrations as specified in section 
5.1.3.2.2.

  Table 5-3--Health-Based Benchmarks for Hazardous Substances in Soils

     Screening concentration for cancer corresponding 
to that concentration that corresponds to the 10-6 individual 
cancer risk for oral exposures.
     Screening concentration for noncancer 
toxicological responses corresponding to the Reference Dose (RfD) for 
oral exposures.

    Count only those persons meeting the criteria for resident 
individual as specified in section 5.1.3. In estimating the number of 
people living on property with an area of observed contamination, when 
the estimate in based on the number of residences, multiply each 
residence by the average number of persons per residence for the county 
in which the residence is located.
    5.1.3.2.1 Level I concentrations. Sum the number of resident 
individuals subject to Level I concentrations and multiply this sum by 
10. Assign the resulting product as the value for this factor. Enter 
this value in table 5-1.
    5.1.3.2.2 Level II concentrations. Sum the number of resident 
individuals subject to Level II concentrations. Do not include those 
people already counted under the Level I concentrations factor. Assign 
this sum as the value for this factor. Enter this value in table 5-1.
    5.1.3.2.3 Calculation of resident population factor value. Sum the 
factor values for Level I concentrations and Level II concentrations. 
Assign this sum as the resident population factor value. Enter this 
value in table 5-1.
    5.1.3.3 Workers. Evaluate this factor based on the number of workers 
that meet the section 5.1.3 criteria. Assign a value for these workers 
using table 5-4. Enter this value in table 5-1.

                  Table 5-4--Factor Values for Workers
------------------------------------------------------------------------
                                                               Assigned
                      Number of workers                          value
------------------------------------------------------------------------
0...........................................................           0
1 to 100....................................................           5
101 to 1,000................................................          10
Greater than 1,000..........................................          15
------------------------------------------------------------------------

    5.1.3.4 Resources. Evaluate the resources factor as follows:
     Assign a value of 5 to the resources factor if 
one or more of the following is present on an area of observed 
contamination at the site:

-Commercial agriculture.
-Commercial silviculture.
-Commercial livestock production or commercial livestock grazing.
     Assign a value of 0 if none of the above are 
present.
    Enter the value assigned in table 5-1.
    5.1.3.5 Terrestrial sensitive environments. Assign value(s) from 
table 5-5 to each terrestrial sensitive environment that meets the 
eligibility criteria of section 5.1.3.
    Calculate a value (ES) for terrestrial sensitive environments as 
follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.159

where:

Si=Value(s) assigned from table 5-5 to terrestrial sensitive 
environment i.
n=Number of terrestrial sensitive environments meeting section 5.1.3 
criteria.
    Because the pathway score based solely on terrestrial sensitive 
environments is limited to a maximum of 60, determine the value for the 
terrestrial sensitive environments factor as follows:

       Table 5-5--Terrestrial Sensitive Environments Rating Values
------------------------------------------------------------------------
                                                               Assigned
             Terrestrial sensitive environments                  value
------------------------------------------------------------------------
Terrestrial critical habitat \a\ for Federal designated              100
 endangered or threatened species...........................
    National Park
    Designated Federal Wilderness Area
    National Monument
Terrestrial habitat known to be used by Federal designated            75
 or proposed threatened or endangered species...............
    National Preserve (terrestrial)
    National or State Terrestrial Wildlife Refuge
    Federal land designated for protection of natural
     ecosystems

[[Page 180]]

 
    Administratively proposed Federal Wilderness Area
    Terrestrial areas utilized for breeding by large or
     dense aggregations of animals \b\
Terrestrial habitat known to be used by State designated              50
 endangered or threatened species...........................
    Terrestrial habitat known to be used by species under
     review as to its Federal designated endangered or
     threatened status
State lands designated for wildlife or game management......          25
    State designated Natural Areas
    Particular areas, relatively small in size, important to
     maintenance of unique biotic communities
------------------------------------------------------------------------
\a\ Critical habitat as defined in 50 CFR 424.02.
\b\ Limit to vertebrate species.

     Multiply the values assigned to the resident 
population threat for likelihood of exposure (LE), waste characteristics 
(WC), and ES. Divide the product by 82,500.

-If the result is 60 or less, assign the value ES as the terrestrial 
sensitive environments factor value.
-If the result exceeds 60, calculate a value EC as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.160

Assign the value EC as the terrestrial sensitive environments factor 
value. Do not round this value to the nearest interger.
    Enter the value assigned for the terrestrial sensitive environments 
factor in table 5-1.
    5.1.3.6 Calculation of resident population targets factor category 
value. Sum the values for the resident individual, resident population, 
workers, resources, and terrestrial sensitive environments factors. Do 
not round to the nearest integer. Assign this sum as the targets factor 
category value for the resident population threat. Enter this value in 
table 5-1.
    5.1.4 Calculation of resident population threat score. Multiply the 
values for likelihood of exposure, waste characteristics, and targets 
for the resident population threat, and round the product to the nearest 
integer. Assign this product as the resident population threat score. 
Enter this score in table 5-1.
    5.2 Nearby population threat. Include in the nearby population only 
those individuals who live or attend school within a 1-mile travel 
distance of an area of observed contamination at the site and who do not 
meet the criteria for resident individual as specified in section 5.1.3.
    Do not consider areas of observed contamination that have an 
attractiveness/accessibility factor value of 0 (see section 5.2.1.1) in 
evaluating the nearby population threat.
    5.2.1 Likelihood of exposure. Evaluate two factors for the 
likelihood of exposure factor category for the nearby population threat: 
attractiveness/accessibility and area of contamination.
    5.2.1.1. Attractiveness/accessibility. Assign a value for 
attractiveness/accessibility from table 5-6 to each area of observed 
contamination, excluding any land used for residences. Select the 
highest value assigned to the areas evaluated and use it as the value 
for the attractiveness/accessibility factor. Enter this value in table 
5-1.
    5.2.1.2 Area of contamination. Evaluate area of contamination based 
on the total area of the areas of observed contamination at the site. 
Count only the area(s) that meet the criteria in section 5.0.1 and that 
receive an attractiveness/accessibility value greater than 0. Assign a 
value to this factor from table 5-7. Enter this value in table 5-1.

             Table 5-6--Attractiveness/Accessibility Values
------------------------------------------------------------------------
                                                                Assigned
                Area of observed contamination                   value
------------------------------------------------------------------------
Designated recreational area.................................        100
Regularly used for public recreation (for example, fishing,           75
 hiking, softball)...........................................
Accessible and unique recreational area (for example, vacant          75
 lots in urban area).........................................
Moderately accessible (may have some access improvements--for         50
 example, gravel road), with some public recreation use......
Slightly accessible (for example, extremely rural area with           25
 no road improvement), with some public recreation use.......
Accessible, with no public recreation use....................         10
Surrounded by maintained fence or combination of maintained            5
 fence and natural barriers..................................
Physically inaccessible to public, with no evidence of public          0
 recreation use..............................................
------------------------------------------------------------------------


             Table 5-7--Area of Contamination Factor Values
------------------------------------------------------------------------
  Total area of the areas of observed contamination (square     Assigned
                            feet)                                value
------------------------------------------------------------------------
Less than or equal to 5,000..................................          5
Greater than 5,000 to 125,000................................         20
Greater than 125,000 to 250,000..............................         40
Greater than 250,000 to 375,000..............................         60
Greater than 375,000 to 500,000..............................         80
Greater than 500,000.........................................        100
------------------------------------------------------------------------

    5.2.1.3 Likelihood of exposure factor category value. Assign a value 
from Table 5-8 to the likelihood of exposure factor category, based on 
the values assigned to the attractiveness/accessibility and area of 
contamination factors. Enter this value in table 5-1.

[[Page 181]]



    Table 5-8--Nearby Population Likelihood of Exposure Factor Values
------------------------------------------------------------------------
                                           Attractiveness/accessibility
                                                   factor value
   Area of contamination factor value    -------------------------------
                                          100   75   50   25   10   5  0
------------------------------------------------------------------------
100.....................................  500  500  375  250  125  50  0
 80.....................................  500  375  250  125   50  25  0
 60.....................................  375  250  125   50   25   5  0
 40.....................................  250  125   50   25    5   5  0
 20.....................................  125   50   25    5    5   5  0
 5......................................   50   25    5    5    5   5  0
------------------------------------------------------------------------

    5.2.2 Waste characteristics. Evaluate waste characteristics based on 
two factors: toxicity and hazardous waste quantity. Evaluate only those 
hazardous substances that meet the criteria for observed contamination 
(see section 5.0.1) at areas that can be assigned an attractiveness/
accessibility factor value greater than 0.
    5.2.2.1 Toxicity. Assign a toxicity factor value as specified in 
section 2.4.1.1 to each hazardous substance meeting the criteria in 
section 5.2.2. Use the hazardous substance with the highest toxicity 
factor value to assign the value to the toxicity factor for the nearby 
population threat. Enter this value in table 5-1.
    5.2.2.2 Hazardous waste quantity. Assign a value to the hazardous 
waste quantity factor as specified in section 5.1.2.2, except: consider 
only those areas of observed contamination that can be assigned an 
attractiveness/accessibility factor value greater than 0. Enter the 
value assigned in table 5-1.
    5.2.2.3 Calculation of waste characteristics factor category value. 
Multiply the toxicity and hazardous waste quantity factor values, 
subject to a maximum product of 1x10\8\. Based on this product, assign a 
value from table 2-7 (section 2.4.3.1) to the waste characteristics 
factor category. Enter this value in table 5-1.
    5.2.3 Targets. Evaluate the targets factory category for the nearby 
population threat based on two factors: nearby individual and population 
within a 1-mile travel distance from the site.
    5.2.3.1 Nearby individual. If one or more persons meet the section 
5.1.3 criteria for a resident individual, assign this factor a value of 
0. Enter this value in table 5-1.
    If no person meets the criteria for a resident individual, determine 
the shortest travel distance from the site to any residence or school. 
In determining the travel distance, measure the shortest overland 
distance an individual would travel from a residence or school to the 
nearest area of observed contamination for the site with an 
attractiveness/accessibility factor value greater than 0. If there are 
no natural barriers to travel, measure the travel distance as the 
shortest straight-line distance from the residence or school to the area 
of observed contamination. If natural barriers exist (for example, a 
river), measure the travel distance as the shortest straight-line 
distance from the residence or school to the nearest crossing point and 
from there as the shortest straight-line distance to the area of 
observed contamination. Based on the shortest travel distance, assign a 
value from table 5-9 to the nearest individual factor. Enter this value 
in table 5-1.

               Table 5-9--Nearby Individual Factor Values
------------------------------------------------------------------------
                                                               Assigned
        Travel distance for nearby individual (miles)            value
------------------------------------------------------------------------
Greater than 0 to \1/4\.....................................       1 \a\
Greater than \1/4\ to 1.....................................           0
------------------------------------------------------------------------
\a\ Assign a value of 0 if one or more persons meet the section 5.1.3
  criteria for resident individual.

    5.2.3.2 Population within 1 mile. Determine the population within 
each travel distance category of table 5-10. Count residents and 
students who attend school within this travel distance. Do not include 
those people already counted in the resident population threat. 
Determine travel distances as specified in section 5.2.3.1.
    In estimating residential population, when the estimate is based on 
the number of residences, multiply each residence by the average number 
of persons per residence for the county in which the residence is 
located.
    Based on the number of people included within a travel distance 
category, assign a distance-weighted population value for that travel 
distance from table 5-10.
    Calculate the value for the population within 1 mile factor (PN) as 
follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.161

where:

Wi=Distance-weighted population value from table 5-10 for 
travel distance category i.
    If PN is less than 1, do not round it to the nearest integer; if PN 
is 1 or more, round to the nearest integer. Enter this value in table 5-
1.
    5.2.3.3 Calculation of nearby population targets factor category 
value. Sum the values for the nearby individual factor and the 
population within 1 mile factor. Do not round this sum to the nearest 
integer. Assign this sum as the targets factor category value for the 
nearby population threat. Enter this value in table 5-1.

[[Page 182]]



                                    Table 5-10--Distance-Weighted Population Values for Nearby Population Threat \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Number of people within the travel distance category
                                                                    ------------------------------------------------------------------------------------
                  Travel distance category (miles)                               11   31  101   301   1,001   3,001  10,001   30,001  100,001   300,001
                                                                      0   1 to   to   to   to    to     to     to      to       to       to        to
                                                                           10    30  100  300  1,000  3,000  10,000  30,000  100,000  300,000  1,000,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Greater than 0 to \1/4\............................................   0    0.1  0.4  1.0    4     13     41     130     408    1,303    4,081     13,034
Greater than \1/4\ to \1/2\........................................   0   0.05  0.2  0.7    2      7     20      65     204      652    2,041      6,517
Greater than \1/2\ to 1............................................   0   0.02  0.1  0.3    1      3     10      33     102      326    1,020     3,258
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Round the number of people present within a travel distance category to nearest integer. Do not round the assigned distance-weighted population
  value to nearest integer.

    5.2.4 Calculation of nearby population threat score. Multiply the 
values for likelihood of exposure, waste characteristics, and targets 
for the nearby population threat, and round the product to the nearest 
integer. Assign this product as the nearby population threat score. 
Enter this score in table 5-1.
    5.3 Calculation of soil exposure pathway score. Sum the resident 
population threat score and the nearby population threat score, and 
divide the sum by 82,500. Assign the resulting value, subject to a 
maximum of 100, as the soil exposure pathway score (Ss). 
Enter this score in table 5-1.

                        6.0 Air Migration Pathway

    Evaluate the air migration pathway based on three factor categories: 
likelihood of release, waste characteristics, and targets. Figure 6-1 
indicates the factors included within each factor category.
    Determine the air migration pathway score (Sa) in terms 
of the factor category values as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.162

where:

LR=Likelihood of release factor category value.
WC=Waste characteristics factor category value.
T=Targets factor category value.
SF=Scaling factor.
    Table 6-1 outlines the specific calculation procedure.

[[Page 183]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.012


                                   Table 6-1--Air Migration Pathway Scoresheet
----------------------------------------------------------------------------------------------------------------
                                                                                          Maximum       Value
                             Factor categories and factors                                 value       assigned
----------------------------------------------------------------------------------------------------------------
Likelihood of Release
     1. Observed Release..............................................................          550         ----
     2. Potential to Release:
        2a. Gas Potential to Release..................................................          500         ----
        2b. Particulate Potential to Release..........................................          500         ----
        2c. Potential to Release (higher of lines 2a and 2b)..........................          500         ----

[[Page 184]]

 
     3. Likelihood of Release (higher of lines 1 and 2c)..............................          550         ----
Waste Characteristics
     4. Toxicity/Mobility.............................................................          (a)         ----
     5. Hazardous Waste Quantity......................................................          (a)         ----
     6. Waste Characteristics.........................................................          100         ----
Targets
     7. Nearest Individual............................................................           50         ----
     8. Population:
        8a. Level I Concentrations....................................................          (b)         ----
        8b. Level II Concentrations...................................................          (b)         ----
        8c. Potential Contamination...................................................          (b)         ----
        8d. Population (lines 8a+8b+8c)...............................................          (b)         ----
     9. Resources.....................................................................            5         ----
    10. Sensitive Environments
        10a. Actual Contamination.....................................................          (c)         ----
        10b. Potential Contamination..................................................          (c)         ----
        10c. Sensitive Environments (lines 10a+10b)...................................          (c)         ----
    11. Targets (lines 7+8d+9+10c)....................................................          (b)         ----
Air Migration Pathway Score
    12. Pathway Score (Sa) [(lines 3x6x11)/82,500] \d\................................          100        ----
----------------------------------------------------------------------------------------------------------------
\a\ Maximum value applies to waste characteristics category.
\b\ Maximum value not applicable.
\c\ No specific maximum value applies to factor. However, pathway score based solely on sensitive environments
  is limited to maximum of 60.
\d\ Do not round to nearest integer.

    6.1 Likelihood of Release. Evaluate the likelihood of release factor 
category in terms of an observed release factor or a potential to 
release factor.
    6.1.1 Observed release. Establish an observed release to the 
atmosphere by demonstrating that the site has released a hazardous 
substance to the atmosphere. Base this demonstration on either:
     Direct observation--a material (for example, 
particulate matter) that contains one or more hazardous substances has 
been seen entering the atmosphere directly. When evidence supports the 
inference of a release of a material that contains one or more hazardous 
substances by the site to the atmosphere, demonstrated adverse effects 
accumulated with that release may be used to establish an observed 
release.
     Chemical analysis--an analysis of air samples 
indicates that the concentration of ambient hazardous substance(s) has 
increased significantly above the background concentration for the site 
(see section 2.3). Some portion of the significant increase must be 
attributable to the site to establish the observed release.
    If an observed release can be established, assign an observed 
release factor value of 550, enter this value in table 6-1, and proceed 
to section 6.1.3. If an observed release cannot be established, assign 
an observed release factor value of 0, enter this value in table 6-1, 
and proceed to section 6.1.2.
    6.1.2 Potential to release. Evaluate potential to release only if an 
observed release cannot be established. Determine the potential to 
release factor value for the site by separately evaluating the gas 
potential to release and the particulate potential to release for each 
source at the site. Select the highest potential to release value 
(either gas or particulate) calculated for the sources evaluated and 
assign that value as the site potential to release factor value as 
specified below.
    6.1.2.1 Gas potential to release. Evaluate gas potential to release 
for those sources that contain gaseous hazardous substances--that is, 
those hazardous substances with a vapor pressure greater than or equal 
to 10-9 torr.
    Evaluate gas potential to release for each source based on three 
factors: gas containment, gas source type, and gas migration potential. 
Calculate the gas potential to release value as illustrated in table 6-
2. Combine sources with similar characteristics into a single source in 
evaluating the gas potential to release factors.

[[Page 185]]



                                 Table 6-2--Gas Potential to Release Evaluation
----------------------------------------------------------------------------------------------------------------
                                                                               Gas
                                                     Gas       Gas source   migration
              Source                Source type  containment  type factor   potential       Sum       Gas source
                                        \a\         factor     value \c\      factor                    value
                                                  value \b\                 value \d\
----------------------------------------------------------------------------------------------------------------
                                    ...........            A            B            C        (B+C)       A(B+C)
1.................................  ...........  ...........  ...........  ...........  ...........  ...........
2.................................  ...........  ...........  ...........  ...........  ...........  ...........
3.................................  ...........  ...........  ...........  ...........  ...........  ...........
4.................................  ...........  ...........  ...........  ...........  ...........  ...........
5.................................  ...........  ...........  ...........  ...........  ...........  ...........
6.................................  ...........  ...........  ...........  ...........  ...........  ...........
7.................................  ...........  ...........  ...........  ...........  ...........  ...........
8.................................  ...........  ...........  ...........  ...........  ...........  ...........
                      Gas Potential to Release Factor (Select the Highest Gas Source Value)
                                                                                                    ------------
----------------------------------------------------------------------------------------------------------------
\a\ Enter a Source Type listed in table 6-4.
\b\ Enter Gas Containment Factor Value from section 6.1.2.1.1.
\c\ Enter Gas Source Type Factor Value from section 6.1.2.1.2.
\d\ Enter Gas Migration Potential Factor Value from section 6.1.2.1.3.

    6.1.2.1.1 Gas containment. Assign each source a value from table 6-3 
for gas containment. Use the lowest value from table 6-3 that applies to 
the source, except: assign a value of 10 if there is evidence of biogas 
release or if there is an active fire within the source.

                Table 6-3--Gas Containment Factor Values
------------------------------------------------------------------------
                                                               Assigned
                 Gas containment description                     value
------------------------------------------------------------------------
All situations except those specifically listed below.......          10
Evidence of biogas release..................................      10 \a\
Active fire within source...................................      10 \a\
Gas collection/treatment system functioning, regularly                 0
 inspected, maintained, and completely covering source......
Source substantially surrounded by engineering windbreak and           7
 no other containment specifically described in this table
 applies....................................................
Source covered with essentially impermeable, regularly                 0
 inspected, maintained cover................................
Uncontaminated soil cover 3 feet:
   Source substantially vegetated with               0
   little exposed soil......................................
   Source lightly vegetated with much                3
   exposed soil.............................................
   Source substantially devoid of                    7
   vegetation...............................................
Uncontaminated soil cover =1 foot and =3 feet:
   Source heavily vegetated with
   essentially no exposed soil..............................
    --Cover soil type resistant to gas migration \b\........           3
    --Cover soil type not resistant to gas migration \b\ or            7
     unknown................................................
   Source substantially vegetated with               7
   little exposed soil and cover soil type resistant to gas
   migration \b\............................................
   Other..................................          10
Uncontaminated soil cover <1 foot:
   Source heavily vegetated with                     7
   essentially no exposed soil and cover soil type resistant
   to gas migration \b\.....................................
   Other..................................          10
Totally or partially enclosed within structurally intact               7
 building and no other containment specifically described in
 this table applies.........................................
Source consists solely of intact, sealed containers:
   Totally protected from weather by                 0
   regularly inspected, maintained cover....................
   Other..................................           3
------------------------------------------------------------------------
\a\ This value must be used if applicable.
\b\ Consider moist fine-grained and saturated coarse-grained soils
  resistant to gas migration. Consider all other soils nonresistant.

    6.1.2.1.2 Gas source type. Assign a value for gas source type to 
each source as follows:
     Determine if the source meets the minimum size 
requirement based on the source hazardous waste quantity value (see 
section 2.4.2.1.5). If the source receives a source hazardous waste 
quantity value of 0.5 or more, consider the source to meet the minimum 
size requirement.
     If the source meets the minimum size requirement, 
assign it a value from table 6-4 for gas source type.

     If the source does not meet the minimum size 
requirement, assign it a value of 0 for gas source type.

    If no source at the site meets the minimum size requirement, assign 
each source at the

[[Page 186]]

site a value from table 6-4 for gas source type.

                  Table 6-4--Source Type Factor Values
------------------------------------------------------------------------
                                                        Assigned value
                     Source type                     -------------------
                                                       Gas   Particulate
------------------------------------------------------------------------
Active fire area....................................     14         30
Burn pit............................................     19         22
Containers or tanks (buried/below-ground):
   Evidence of biogas release.....     33         22
   No evidence of biogas release..     11         22
Containers or tanks, not elsewhere specified........     28         14
Contaminated soil (excluding land treatment)........     19         22
Landfarm/land treatment.............................     28         22
Landfill:
   Evidence of biogas release.....     33         22
   No evidence of biogas release..     11         22
Pile:
   Tailings pile..................      6         28
   Scrap metal or junk pile.......      6         17
   Trash pile.....................      6          6
   Chemical waste pile............     11         28
   Other waste piles..............     17         28
Surface impoundments (buried/backfilled):
   Evidence of biogas release.....     33         22
   No evidence of biogas release..     11         22
Surface impoundment (not buried/backfilled):
   Dry............................     19         22
   Other..........................     28          0
Other types of sources, not elsewhere specified.....      0          0
------------------------------------------------------------------------

    6.1.2.1.3 Gas migration potential. Evaluate this factor for each 
source as follows:
     Assign a value for gas migration potential to 
each of the gaseous hazardous substances associated with the source (see 
section 2.2.2) as follows:

-Assign values from table 6-5 for vapor pressure and Henry's constant to 
each hazardous substance. If Henry's constant cannot be determined for a 
hazardous substance, assign that hazardous substance a value of 2 for 
the Henry's constant component.
-Sum the two values assigned to the hazardous substance.
-Based on this sum, assign the hazardous substance a value from table 6-
6 for gas migration potential.
     Assign a value for gas migration potential to 
each source as follows:

-Select three hazardous substances associated with the source:
     -If more than three gaseous hazardous substances can be associated 
with the source, select three that have the highest gas migration 
potential values.
     -If fewer than three gaseous hazardous substances can be associated 
with a source, select all of them.
-Average the gas migration potential values assigned to the selected 
hazardous substances.
-Based on this average value, assign the source a gas migration 
potential value from table 6-7.

        Table 6-5--Values for Vapor Pressure and Henry's Constant
------------------------------------------------------------------------
                                                               Assigned
                    Vapor pressure (Torr)                        value
------------------------------------------------------------------------
Greater than 10.............................................           3
Greater than 10-3 to 10.....................................           2
10-5 to 10-3................................................           1
Less than 10-5..............................................           0


------------------------------------------------------------------------
                                                               Assigned
               Henry's constant (atm-m\3\/mol)                   value
------------------------------------------------------------------------
Greater than 10-3...........................................           3
Greater than 10-5 to 10-3...................................           2
10-7 to 10-5................................................           1
Less than 10-7..............................................           0
------------------------------------------------------------------------


   Table 6-6--Gas Migration Potential Values for a Hazardous Substance
------------------------------------------------------------------------
                                                               Assigned
    Sum of values for vapor pressure and Henry's constant        value
------------------------------------------------------------------------
0...........................................................           0
1 or 2......................................................           6
3 or 4......................................................          11
5 or 6......................................................          17
------------------------------------------------------------------------


        Table 6-7--Gas Migration Potential Values for the Source
------------------------------------------------------------------------
     Average of gas migration potential values for three       Assigned
                  hazardous substances \a\                       value
------------------------------------------------------------------------
0 to < 3....................................................           0
3 to < 8....................................................           6
8 to < 14...................................................          11
14 to 17....................................................          17
------------------------------------------------------------------------
\a\ If fewer than three hazardous substances can be associated with the
  source, compute the average based only on those hazardous substances
  that can be associated.

    6.1.2.1.4 Calculation of gas potential to release value. Determine 
the gas potential to release value for each source as illustrated in 
table 6-2. For each source, sum the gas source type factor value and gas 
migration potential factor value and multiply this sum by the gas 
containment factor value. Select the highest product calculated for the 
sources evaluated and assign it as the gas potential to release value 
for the site. Enter this value in table 6-1.
    6.1.2.2 Particulate potential to release. Evaluate particulate 
potential to release for those sources that contain particulate 
hazardous substances--that is, those hazardous substances with a vapor 
pressure less than or equal to 10-1 torr.
    Evaluate particulate potential to release for each source based on 
three factors: particulate containment, particulate source type, and 
particulate migration potential.

[[Page 187]]

Calculate the particulate potential to release value as illustrated in 
table 6-8. Combine sources with similar characteristics into a single 
source in evaluating the particulate potential to release factors.
    6.1.2.2.1 Particulate containment. Assign each source a value from 
table 6-9 for particulate containment. Use the lowest value from table 
6-9 that applies to the source.
    6.1.2.2.2 Particulate source type. Assign a value for particulate 
source type to each source in the same manner as specified for gas 
sources in section 6.1.2.1.2.
    6.1.2.2.3 Particulate migration potential. Based on the site 
location, assign a value from Figure 6-2 for particulate migration 
potential. Assign this same value to each source at the site.

                             Table 6-8--Particulate Potential to Release Evaluation
----------------------------------------------------------------------------------------------------------------
                                                                           Particulate
                                                 Particulate  Particulate   migration                Particulate
              Source                Source type  containment  type factor   potential       Sum         source
                                        \a\         factor     value \c\      factor                    value
                                                  value \b\                 value \d\
----------------------------------------------------------------------------------------------------------------
                                    ...........            A            B            C        (B+C)      A (B+C)
1.................................  ...........  ...........  ...........  ...........  ...........  ...........
2.................................  ...........  ...........  ...........  ...........  ...........  ...........
3.................................  ...........  ...........  ...........  ...........  ...........  ...........
4.................................  ...........  ...........  ...........  ...........  ...........  ...........
5.................................  ...........  ...........  ...........  ...........  ...........  ...........
6.................................  ...........  ...........  ...........  ...........  ...........  ...........
7.................................  ...........  ...........  ...........  ...........  ...........  ...........
8.................................  ...........  ...........  ...........  ...........  ...........  ...........
             Particulate Potential to Release Factor Value (Select Highest Particulate Source Value)
                                                                                                    ------------
----------------------------------------------------------------------------------------------------------------
\a\ Enter a Source Type listed in table 6-4.
\b\ Enter Particulate Containment Factor Value from section 6.1.2.2.1.
\c\ Enter Particulate Source Type Factor Value from section 6.1.2.2.2.
\d\ Enter Particulate Migration Potential Factor Value from section 6.1.2.2.3.


            Table 6-9--Particulate Containment Factor Values
------------------------------------------------------------------------
                                                               Assigned
             Particulate containment description                 value
------------------------------------------------------------------------
All situations except those specifically listed below.......          10
Source contains only particulate hazardous substances                  0
 totally covered by liquids.................................
Source substantially surrounded by engineered windbreak and            7
 no other containment specifically described in this table
 applies....................................................
Source covered with essentially impermeable, regularly                 0
 inspected, maintained cover................................
Uncontaminated soil cover  3 feet:
   Source substantially vegetated with               0
   little or no exposed soil................................
   Source lightly vegetated with much                3
   exposed soil.............................................
   Source substantially devoid of                    7
   vegetation...............................................
Uncontaminated soil cover = 1 foot and <= 3 feet:
   Source heavily vegetated with
   essentially no exposed soil:
    --Cover soil type resistant to gas migration \a\........           3
    --Cover soil type not resistant to gas migration \a\ or            7
     unknown................................................
   Source substantially vegetated with               7
   little exposed soil and cover soil type resistant to gas
   migration \a\............................................
   Other..................................          10
Uncontaminated soil cover < 1 foot:
   Source heavily vegetated with                     7
   essentially no exposed soil and cover soil type resistant
   to gas migration \a\.....................................
   Other..................................          10
Totally or partially enclosed within structurally intact               7
 building and no other containment specifically described in
 this table applies.........................................
Source consists solely of containers:
   All containers contain only liquids....           0
   All containers intact, sealed, and                0
   totally protected from weather by regularly inspected,
   maintained cover.........................................
   All containers intact and sealed.......           3
   Other..................................          10
------------------------------------------------------------------------
\a\ Consider moist fine-grained and saturated coarse-grained soils
  resistant to gas migration. Consider all other soils nonresistant.


[[Page 188]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.013


[[Page 189]]


  Figure 6-2--Particulate Migration Potential Factor Values--Concluded
------------------------------------------------------------------------
                                                             Particulate
                                                              migration
                          Location                            potential
                                                               assigned
                                                                value
------------------------------------------------------------------------
Hawaiian Islands
  Hilo, Hawaii.............................................            0
  Honolulu, Oahu...........................................           17
  Kahului, Maui............................................           17
  Lanai....................................................           17
  Lihue, Kauai.............................................           11
  Molokai..................................................           17
Pacific Islands
  Guam.....................................................            6
  Johnston Island..........................................           17
  Koror Island.............................................            0
  Kwajalein Island.........................................            6
  Mujuro, Marshall Islands.................................            0
  Pago Pago, American Samoa................................            0
  Ponape Island............................................            0
  Truk, Caroline Islands...................................            0
  Wake Island..............................................           17
  Yap Island...............................................            0
Alaska
  Anchorage................................................           17
  Annette..................................................            0
  Barrow...................................................           17
  Barter Island............................................           17
  Bethel...................................................           17
  Bettles..................................................           17
  Big Delta................................................           17
  Cold Bay.................................................            6
  Fairbanks................................................           17
  Gulkana..................................................           17
  Homer....................................................           11
  Juneau...................................................            0
  King Salmon..............................................           11
  Kodiak...................................................            0
  Kutzebue.................................................           17
  McGrath..................................................           17
  Nome.....................................................           11
  St. Paul Island..........................................           11
  Talkeetna................................................            6
  Unalakleet...............................................           17
  Valdez...................................................            0
  Yakutat..................................................            0
American Virgin Islands
  St. Croix................................................           17
  St. John.................................................           11
  St. Thomas...............................................           11
Puerto Rico
  Arecibo..................................................            6
  Coloso...................................................            6
  Fajardo..................................................           11
  Humacao..................................................            6
  Isabela Station..........................................           11
  Ponce....................................................           17
  San Juan.................................................           11
------------------------------------------------------------------------

    For site locations not on Figure 6-2, and for site locations near 
the boundary points on Figure 6-2, assign a value as follows. First, 
calculate a Thornthwaite P-E index using the following equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.163

where:

PE=Thornthwaite P-E index.
Pi=Mean monthly precipitation for month i, in inches.
Ti=Mean monthly temperature for month i, in degrees 
Fahrenheit; for any month having a mean monthly temperature less than 
28.4 [deg]F, use 28.4 [deg]F.
Based on the calculated Thornthwaite P-E index, assign a source 
particulate migration potential value to the site from table 6-10. 
Assign this same value to each source at the site.

           Table 6-10--Particulate Migration Potential Values
------------------------------------------------------------------------
                                                                Assigned
                    Thornthwaite P-E Index                       value
------------------------------------------------------------------------
Greater than 150.............................................          0
85 to 150....................................................          6
50 to less than 85...........................................         11
Less than 50.................................................         17
------------------------------------------------------------------------

    6.1.2.2.4 Calculation of particulate potential to release value. 
Determine the particulate potential to release value for each source as 
illustrated in table 6-8. For each source, sum its particulate source 
type factor value and particulate migration potential factor value and 
multiply this sum by its particulate containment factor value. Select 
the highest product calculated for the sources evaluated and assign it 
as the particulate potential to release value for the site. Enter the 
value in table 6-1.
    6.1.2.3 Calculation of potential to release factor value for the 
site. Select the higher of the gas potential to release value assigned 
in section 6.1.2.1.4 and the particulate potential to release value 
assigned in section 6.1.2.2.4. Assign the value selected as the site 
potential to release factor value. Enter this value in table 6-1.
    6.1.3 Calculation of likelihood of release factor category value. If 
an observed release is established, assign the observed release factor 
value of 550 as the likelihood of release factor category value. 
Otherwise, assign the site potential to release factor value as the 
likelihood of release factor category value. Enter the value in table 6-
1.
    6.2 Waste characteristics. Evaluate the waste characteristics factor 
category based on two factors: toxicity/mobility and hazardous waste 
quantity. Evaluate only those hazardous substances available to migrate 
from the sources at the site to the atmosphere. Such hazardous 
substances include:
     Hazardous substances that meet the criteria for 
an observed release to the atmosphere.
     All gaseous hazardous substances associated with 
a source that has a gas containment factor value greater than 0 (see 
section 2.2.2, 2.2.3, and 6.1.2.1.1).
     All particulate hazardous substances associated 
with a source that has a particulate

[[Page 190]]

containment factor value greater than 0 (see section 2.2.2, 2.2.3, and 
6.1.2.2.1).
    6.2.1 Toxicity/mobility. For each hazardous substance, assign a 
toxicity factor value, a mobility factor value, and a combined toxicity/
mobility factor value as specified below. Select the toxicity/mobility 
factor value for the air migration pathway as specified in section 
6.2.1.3.
    6.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous 
substance as specified in section 2.4.1.1.
    6.2.1.2 Mobility. Assign a mobility factor value to each hazardous 
substance as follows:
     Gaseous hazardous substance.

-Assign a mobility factor value of 1 to each gaseous hazardous substance 
that meets the criteria for an observed release to the atmosphere.
-Assign a mobility factor value from table 6-11, based on vapor 
pressure, to each gaseous hazardous substance that does not meet the 
criteria for an observed release.
     Particulate hazardous substance.

-Assign a mobility factor value of 0.02 to each particulate hazardous 
substance that meets the criteria for an observed release to the 
atmosphere.
-Assign a mobility factor value from Figure 6-3, based on the site's 
location, to each particulate hazardous substance that does not meet the 
criteria for an observed release. (Assign all such particulate hazardous 
substances this same value.)
-For site locations not on Figure 6-3 and for site locations near the 
boundary points on Figure 6-3, assign a mobility factor value to each 
particulate hazardous substance that does not meet the criteria for an 
observed release as follows:
     -Calculate a value M:

M=0.0182 (U\3\/[PE]\2\)
where:

U=Mean average annual wind speed (meters per second).
PE=Thornthwaite P-E index from section 6.1.2.2.3.

     -Based on the value M, assign a mobility factor value from table 6-
12 to each particulate hazardous substance.
     Gaseous and particulate hazardous substances.

-For a hazardous substance potentially present in both gaseous and 
particulate forms, select the higher of the factor values for gas 
mobility and particulate mobility for that substance and assign that 
value as the mobility factor value for the hazardous substance.
    6.2.1.3 Calculation of toxicity/mobility factor value. Assign each 
hazardous substance a toxicity/mobility factor value from table 6-13, 
based on the values assigned to the hazardous substance for the toxicity 
and mobility factors. Use the hazardous substance with the highest 
toxicity/mobility factor value to assign the value to the toxicity/
mobility factor for the air migration pathway. Enter this value in table 
6-1.

                 Table 6-11--Gas Mobility Factor Values
------------------------------------------------------------------------
                                                               Assigned
                   Vapor pressure (Torr)                      value \a\
------------------------------------------------------------------------
Greater than 10-1..........................................          1.0
Greater than 10-3 to 10-1..................................          0.2
Greater than 10-5 to 10-3..................................         0.02
Greater than 10-7 to 10-5..................................        0.002
Less than or equal to 10-7.................................       0.0002
------------------------------------------------------------------
\a\ Do not round to nearest integer.


[[Page 191]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.014


[[Page 192]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.015


[[Page 193]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.016


[[Page 194]]


        Figure 6-3--Particulate Mobility Factor Values--Concluded
------------------------------------------------------------------------
                                                            Particulated
                                                              mobility
                         Location                             assigned
                                                                value
------------------------------------------------------------------------
Pacific Islands
  Guam....................................................       0.0002
  Johnston Island.........................................        0.002
  Koror Island............................................      0.00008
  Kwajalein Island........................................       0.0002
  Mujuro, Marshall Islands................................      0.00008
  Pago Pago, American Samoa...............................      0.00008
  Ponape Island...........................................      0.00002
  Truk, Caroline Islands..................................      0.00008
  Wake Island.............................................        0.002
  Yap Island..............................................      0.00008
American Virgin Islands
  St. Croix...............................................       0.0008
  St. John................................................       0.0002
  St. Thomas..............................................       0.0002
------------------------------------------------------------------------


             Table 6-12--Particulate Mobility Factor Values
------------------------------------------------------------------------
                                                               Assigned
                              M                                value \a\
------------------------------------------------------------------------
Greater than 1.4x10-2.......................................        0.02
Greater than 4.4x10-3 to 1.4x10-2...........................       0.008
Greater than 1.4x10-3 to 4.4x10-3...........................       0.002
Greater than 4.4x10-4 to 1.4x10-3...........................      0.0008
Greater than 1.4x10-4 to 4.4x10-4...........................      0.0002
Greater than 4.4x10-5 to 1.4x10-4...........................     0.00008
Less than or equal to 4.4x10-5..............................     0.00002
------------------------------------------------------------------------
\a\ Do not round to nearest integer.


                                 Table 6-13--Toxicity/Mobility Factor Values \a\
----------------------------------------------------------------------------------------------------------------
                                                                            Toxicity factor value
                   Mobility factor value                    ----------------------------------------------------
                                                              10,000     1,000     100       10        1      0
----------------------------------------------------------------------------------------------------------------
1.0........................................................    10,000     1,000      100       10         1    0
0.2........................................................     2,000       200       20        2       0.2    0
0.02.......................................................       200        20        2      0.2      0.02    0
0.008......................................................        80         8      0.8     0.08     0.008    0
0.002......................................................        20         2      0.2     0.02     0.002    0
0.0008.....................................................         8       0.8     0.08    0.008    0.0008    0
0.0002.....................................................         2       0.2     0.02    0.002    0.0002    0
0.00008....................................................       0.8      0.08    0.008   0.0008   0.00008    0
0.00002....................................................       0.2      0.02    0.002   0.0002   0.00002    0
----------------------------------------------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    6.2.2 Hazardous waste quantity. Assign a hazardous waste quantity 
factor value for the air migration pathway as specified in section 
2.4.2. Enter this value in table 6-1.
    6.2.3 Calculation of waste characteristics factor category value. 
Multiply the toxicity/mobility factor value and the hazardous waste 
quantity factor value, subject to a maximum product of 1x10\8\. Based on 
this product, assign a value from table 2-7 (section 2.4.3.1) to the 
waste characteristics factor category. Enter this value in table 6-1.
    6.3 Targets.
    Evaluate the targets factor category based on four factors: nearest 
individual, population, resources, and sensitive environments. Include 
only those targets (for example, individuals, sensitive environments) 
located within the 4-mile target distance limit, except: if an observed 
release is established beyond the 4-mile target distance limit, include 
those additional targets that are specified below in this section and in 
section 6.3.4.
    Evaluate the nearest individual and population factors based on 
whether the target populations are subject to Level I concentrations, 
Level II concentrations, or potential contamination. Determine which 
applies to a target population as follows.
    If no samples meet the criteria for an observed release to air and 
if there is no observed release by direct observation, consider the 
entire population within the 4-mile target distance limit to be subject 
to potential contamination.
    If one or more samples meet the criteria for an observed release to 
air or if there is an observed release by direct observation, evaluate 
the population as follows:
     Determine the most distant sample location that 
meets the criteria for Level I concentrations as specified in sections 
2.5.1 and 2.5.2 and the most distant location (that is, sample location 
or direct observation location) that meets the criteria for Level II 
concentrations. Use the health-based benchmarks from table 6-14 in 
determining the level of contamination for sample locations. If the most 
distant Level II location is closer to a source than the most distant 
Level I sample location, do not consider the Level II location.
     Determine the single most distant location 
(sample location or direct observation location) that meets the criteria 
for Level I or Level II concentrations.

[[Page 195]]

     If this single most distant location is within 
the 4-mile target distance limit, identify the distance categories from 
table 6-15 in which the selected Level I concentrations sample and Level 
II concentrations sample (or direct observation location) are located:

-Consider the target population anywhere within this furthest Level I 
distance category, or anywhere within a distance category closer to a 
source at the site, as subject to Level I concentrations.
-Consider the target population located beyond any Level I distance 
categories, up to and including the population anywhere within the 
furthest Level II distance category, as subject to Level II 
concentrations.
-Consider the remainder of the target population within the 4-mile 
target distance limit as subject to potential contamination.
     If the single most distant location is beyond the 
4-mile target distance limit, identify the distance at which the 
selected Level I concentrations sample and Level II concentrations 
sample (or direct observation location) are located:

-If the Level I sample location is within the 4-mile target distance 
limit, identify the target population subject to Level I concentrations 
as specified above.
-If the Level I sample location is beyond the 4-mile target distance 
limit, consider the target population located anywhere within a distance 
from the sources at the site equal to the distance to this sample 
location to be subject to Level I concentrations and include them in the 
evaluation.
-Consider the target population located beyond the Level I target 
population, but located anywhere within a distance from the sources at 
the site equal to the distance to the selected Level II location, to be 
subject to Level II concentrations and include them in the evaluation.
-Do not include any target population as subject to potential 
contamination.

   Table 6-14--Health-Based Benchmarks for Hazardous Substances in Air
 Concentration corresponding to National Ambient Air
 Quality Standard (NAAQS).
 Concentration corresponding to National Emission
 Standards for Hazardous Air Pollutants (NESHAPs).
 Screening concentration for cancer corresponding to
 that concentration that corresponds to the 10-6 individual cancer risk
 for inhalation exposures.
 Screening concentration for noncancer toxicological
 responses corresponding to the Reference Dose (RfD) for inhalation
 exposures.
------------------------------------------------------------------------


           Table 6-15--Air Migration Pathway Distance Weights
------------------------------------------------------------------------
                                                               Assigned
                 Distance category (miles)                     distance
                                                              weight \a\
------------------------------------------------------------------------
0..........................................................          1.0
Greater than 0 to \1/4\....................................         0.25
Greater than \1/4\ to \1/2\................................        0.054
Greater than \1/2\ to 1....................................        0.016
Greater than 1 to 2........................................       0.0051
Greater than 2 to 3........................................       0.0023
Greater than 3 to 4........................................       0.0014
Greater than 4.............................................            0
------------------------------------------------------------------------
\a\ Do not round to nearest integer.

    6.3.1 Nearest individual. Assign the nearest individual factor a 
value as follows:
     If one or more residences or regularly occupied 
buildings or areas is subject to Level I concentrations as specified in 
section 6.3, assign a value of 50.
     If not, but if one or more a residences or 
regularly occupied buildings or areas is subject to Level II 
concentrations, assign a value of 45.
     If none of the residences and regularly occupied 
buildings and areas is subject to Level I or Level II concentrations, 
assign a value to this factor based on the shortest distance to any 
residence or regularly occupied building or area, as measured from any 
source at the site with an air migration containment factor value 
greater than 0. Based on this shortest distance, assign a value from 
table 6-16 to the nearest individual factor.
    Enter the value assigned in table 6-1.

              Table 6-16--Nearest Individual Factor Values
------------------------------------------------------------------------
                                                               Assigned
           Distance to nearest individual (miles)               value
------------------------------------------------------------------------
Level I concentrations \a\.................................           50
Level II concentrations \a\................................           45
0 to \1/8\.................................................           20
Greater than \1/8\ to \1/4\................................            7
Greater than \1/4\ to 1/2..................................            2
Greater than \1/2\ to 1....................................            1
Greater than 1.............................................            0
------------------------------------------------------------------------
\a\ Distance does not apply.

    6.3.2 Population. In evaluating the population factor, count 
residents, students, and workers regularly present within the target 
distance limit. Do not count transient populations such as customers and 
travelers passing through the area.
    In estimating residential population, when the estimate is based on 
the number of residences, multiply each residence by the average number 
of persons per residence for the county in which the residence is 
located.
    6.3.2.1 Level of contamination. Evaluate the population factor based 
on three factors: Level I concentrations, Level II concentrations, and 
potential contamination.

[[Page 196]]

    Evaluate the population subject to Level I concentrations (see 
section 6.3) as specified in section 6.3.2.2, the population subject to 
Level II concentrations as specified in section 6.3.2.3, and the 
population subject to potential contamination as specified in section 
6.3.2.4.
    For the potential contamination factor, use population ranges in 
evaluating the factor as specified in section 6.3.2.4. For the Level I 
and Level II concentrations factors, use the population estimate, not 
population ranges, in evaluating both factors.
    6.3.2.2 Level I concentrations. Sum the number of people subject to 
Level I concentrations. Multiply this sum by 10. Assign the product as 
the value for this factor. Enter this value in table 6-1.
    6.3.2.3 Level II concentrations. Sum the number of people subject to 
Level II concentrations. Do not include those people already counted 
under the Level I concentrations factor. Assign this sum as the value 
for this factor. Enter this value in table 6-1.
    6.3.2.4 Potential contamination. Determine the number of people 
within each distance category of the target distance limit (see table 6-
15) who are subject to potential contamination. Do not include those 
people already counted under the Level I and Level II concentrations 
factors.
    Based on the number of people present within a distance category, 
assign a distance-weighted population value for that distance category 
from table 6-17. (Note that the distance-weighted population values in 
table 6-17 incorporate the distance weights from table 6-15. Do not 
multiply the values from table 6-17 by these distance weights.)
    Calculate the potential contamination factor value (PI) as follows:
    [GRAPHIC] [TIFF OMITTED] TC15NO91.164
    
where:
Wi=Distance-weighted population from table 6-17 for distance 
category i.
n=Number of distance categories.
    If PI is less than 1, do not round it to the nearest integer; if PI 
is 1 or more, round to the nearest integer. Enter this value in table 6-
1.
    6.3.2.5 Calculation of population factor value. Sum the factor 
values for Level I concentrations, Level II concentrations, and 
potential contamination. Do not round this sum to the nearest integer. 
Assign this sum as the population factor value. Enter this value in 
table 6-1.

[[Page 197]]



                         Table 6-17--Distance-Weighted Population Values For Potential Contamination Factor for Air Pathway \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Number of people within the distance category
                               -------------------------------------------------------------------------------------------------------------------------
   Distance category (miles)                                                  1,001              10,001               100,001                 1,000,001
                                 0    1 to    11 to   31 to  101 to  301 to     to    3,001 to     to     30,001 to      to      300,001 to       to
                                       10      30      100     300    1,000   3,000    10,000    30,000    100,000    300,000    1,000,000    3,000,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
On a source...................    0       4      17      53     164     522    1,633     5,214    16,325     52,137    163,246      521,360    1,632,455
Greater than 0 to \1/4\.......    0       1       4      13      41     131      408     1,304     4,081     13,034     40,812      130,340      408,114
Greater than \1/4\ to \1/2\...    0     0.2     0.9       3       9      28       88       282       882      2,815      8,815       28,153       88,153
Greater than \1/2\ to 1.......    0    0.06     0.3     0.9       3       8       26        83       261        834      2,612        8,342       26,119
Greater than 1 to 2...........    0    0.02    0.09     0.3     0.8       3        8        27        83        266        833        2,659        8,326
Greater than 2 to 3...........    0   0.009    0.04     0.1     0.4       1        4        12        38        120        375        1,199        3,755
Greater than 3 to 4...........    0   0.005    0.02    0.07     0.2     0.7        2         7        23         73        229          730        2,285
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Round the number of people present within a distance category to nearest integer. Do not round the assigned distance-weighted population value to
  nearest integer.


[[Page 198]]

    6.3.3 Resources. Evaluate the resources factor as follows:
     Assign a value of 5 if one or more of the 
following resources are present within one-half mile of a source at the 
site having an air migration containment factor value greater than 0:
-Commercial agriculture.
-Commercial silviculture.
-Major or designated recreation area.
     Assign a value of 0 if none of these resources is 
present.
    Enter the value assigned in table 6-1.
    6.3.4 Sensitive environments. Evaluate sensitive environments based 
on two factors: actual contamination and potential contamination. 
Determine which factor applies as follows.
    If no samples meet the criteria for an observed release to air and 
if there is no observed release by direct observation, consider all 
sensitive environments located, partially or wholly, within the target 
distance limit to be subject to potential contamination.
    If one or more samples meet the criteria for an observed release to 
air or if there is an observed release by direct observation, determine 
the most distant location (that is, sample location or direct 
observation location) that meets the criteria for an observed release:
     If the most distant location meeting the criteria 
for an observed release is within the 4-mile target distance limit, 
identify the distance category from table 6-15 in which it is located:
-Consider sensitive environments located, partially or wholly, anywhere 
within this distance category or anywhere within a distance category 
closer to a source at the site as subject to actual contamination.
-Consider all other sensitive environments located, partially or wholly, 
within the target distance limit as subject to potential contamination.
     If the most distant location meeting the criteria 
for an observed release is beyond the 4-mile target distance limit, 
identify the distance at which it is located:
-Consider sensitive environments located, partially or wholly, anywhere 
within a distance from the sources at the site equal to the distance to 
this location to be subject to actual contamination and include all such 
sensitive environments in the evaluation.
-Do not include any sensitive environments as subject to potential 
contamination.
    6.3.4.1 Actual contamination. Determine those sensitive environments 
subject to actual contamination (i.e., those located partially or wholly 
within a distance category subject to actual contamination). Assign 
value(s) from table 4-23 (section 4.1.4.3.1.1) to each sensitive 
environment subject to actual contamination.
    For those sensitive environments that are wetlands, assign an 
additional value from table 6-18. In assigning a value from table 6-18, 
include only those portions of wetlands located within distance 
categories subject to actual contamination. If a wetland is located 
partially in a distance category subject to actual contamination and 
partially in one subject to potential contamination, then solely for 
purposes of table 6-18, count the portion in the distance category 
subject to potential contamination under the potential contamination 
factor in section 6.3.4.2. Determine the total acreage of wetlands 
within those distance categories subject to actual contamination and 
assign a value from table 6-18 based on this total acreage.
    Calculate the actual contamination factor value (EA) as follows:
    [GRAPHIC] [TIFF OMITTED] TC15NO91.165
    
where:

WA=Value assigned from table 6-18 for wetlands in distance categories 
subject to actual contamination.
Si=Value(s) assigned from table 4-23 to sensitive environment 
i.
n=Number of sensitive environments subject to actual contamination.
    Enter the value assigned in table 6-1.

    Table 6-18--Wetlands Rating Values for Air Migration Pathway \a\
------------------------------------------------------------------------
                                                               Assigned
                    Wetland area (acres)                         value
------------------------------------------------------------------------
Less than 1.................................................           0
1 to 50.....................................................          25
Greater than 50 to 100......................................          75
Greater than 100 to 150.....................................         125
Greater than 150 to 200.....................................         175
Greater than 200 to 300.....................................         250
Greater than 300 to 400.....................................         350
Greater than 400 to 500.....................................         450
Greater than 500............................................         500
------------------------------------------------------------------------
\a\ Wetlands as defined in 40 CFR section 230.3.

    6.3.4.2 Potential contamination. Determine those sensitive 
environments located, partially or wholly, within the target distance 
limit that are subject to potential contamination. Assign value(s) from 
table 4-23 to each sensitive environment subject to potential 
contamination. Do not include those sensitive environments already 
counted for table 4-23 under the actual contamination factor.
    For each distance category subject to potential contamination, sum 
the value(s) assigned from table 4-23 to the sensitive environments in 
that distance category. If a sensitive environment is located in more 
than one distance category, assign the sensitive

[[Page 199]]

environment only to that distance category having the highest distance 
weighting value from table 6-15.
    For those sensitive environments that are wetlands, assign an 
additional value from table 6-18. In assigning a value from table 6-18, 
include only those portions of wetlands located within distance 
categories subject to potential contamination, as specified in section 
6.3.4.1. Treat the wetlands in each separate distance category as 
separate sensitive environments solely for purposes of applying table 6-
18. Determine the total acreage of wetlands within each of these 
distance categories and assign a separate value from table 6-18 for each 
distance category.
    Calculate the potential contamination factor value (EP) as follows:
    [GRAPHIC] [TIFF OMITTED] TC15NO91.166
    
Sij=Value(s) assigned from table 4-23 to sensitive 
environment in distance category j.
n=Number of sensitive environments subject to potential contamination.
Wj=Value assigned from table 6-18 for wetland area in 
distance category j.
Dj=Distance weight from table 6-15 for distance category j.
m=Number of distance categories subject to potential contamination.
    If EP is less than 1, do not round it to the nearest integer; if EP 
is 1 or more, round to the nearest integer. Enter the value assigned in 
table 6-1.
    6.3.4.3 Calculation of sensitive environments factor value. Sum the 
factor values for actual contamination and potential contamination. Do 
not round this sum, designated as EB, to the nearest integer.
    Because the pathway score based solely on sensitive environments is 
limited to a maximum of 60, use the value EB to determine the value for 
the sensitive environments factor as follows:
     Multiply the values assigned to likelihood of 
release (LR), waste characteristics (WC), and EB. Divide the product by 
82,500.

-If the result is 60 or less, assign the value EB as the sensitive 
environments factor value.
-If the result exceeds 60, calculate a value EC as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.167

    Assign the value EC as the sensitive environments factor value. Do 
not round this value to the nearest integer.
    Enter the value assigned for the sensitive environments factor in 
table 6-1.
    6.3.5 Calculation of targets factor category value. Sum the nearest 
individual, population, resources, and sensitive environments factor 
values. Do not round this sum to the nearest integer. Assign this sum as 
the targets factor category value. Enter this value in table 6-1.
    6.4 Calculation of air migration pathway score. Multiply the values 
for likelihood of release, waste characteristics, and targets, and round 
the product to the nearest integer. Then divide by 82,500. Assign the 
resulting value, subject to a maximum value of 100, as the air migration 
pathway score (Sa). Enter this score in table 6-1.

              7.0 Sites Containing Radioactive Substances.

    In general, radioactive substances are hazardous substances under 
CERCLA and should be considered in HRS scoring. Releases of certain 
radioactive substances are, however, excluded from the definition of 
``release'' in section 101(22) of CERCLA, as amended, and should not be 
considered in HRS scoring.
    Evaluate sites containing radioactive substances using the 
instructions specified in sections 2 through 6, supplemented by the 
instructions in this section. Those factors denoted with a ``yes'' in 
table 7-1 are evaluated differently for sites containing radioactive 
substances than for sites containing only nonradioactive hazardous 
substances, while those denoted with a ``no'' are not evaluated 
differently and are not addressed in this section.

[[Page 200]]



                                                                 Table 7-1--HRS Factors Evaluated Differently for Radionuclides
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
       Ground water pathway             Status \a\        Surface water pathway        Status \a\        Soil exposure pathway       Status \a\            Air pathway            Status \a\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
      Likelihood of Release                              Likelihood of Release..                        Likelihood of Exposure                       Likelihood of Release.
Observed Release.................  Yes.................  Observed Release.......  Yes.................  Observed Contamination  Yes................  Observed Release......  Yes
Potential to Release.............  No..................  Potential to Release...  No..................  Attractiveness/         No.................  Gas Potential to        No
                                                                                                         Accessibility.                               Release.
  Containment....................  No..................   Overland Flow           No..................   to Nearby Residents..  ...................   Gas Containment......  No
                                                          Containment.
  Net Precipitation..............  No..................   Runoff................  No..................  Area of Contamination.  No.................   Gas Source Type......  No
  Depth to Aquifer...............  No..................   Distance to Surface     No..................  ......................  ...................   Gas Migration          No
                                                          Water.                                                                                      Potential.
  Travel Time....................  No..................   Flood Frequency.......  No..................  ......................  ...................  Particulate Potential   No
                                                                                                                                                      to
                                   ....................   Flood Containment.....  No..................  ......................  ...................   Release..............
                                                                                                                                                      Particulate            No
                                                                                                                                                      Containment.
                                                                                                                                                      Particulate Source     No
                                                                                                                                                      Type.
                                                                                                                                                      Particulate Migration  No
                                                                                                                                                      Potential.
      Waste Characteristics                              Waste Characteristics..                        Waste Characteristics.                       Waste Characteristics.
Toxicity.........................  Yes.................  Toxicity/Ecotoxicity...  Yes/Yes.............  Toxicity..............  Yes................  Toxicity..............  Yes
Mobility.........................  No..................  Persistence/Mobility...  Yes/No..............  Hazardous Waste         Yes................  Mobility..............  No
                                                                                                         Quantity.
Hazardous Waste Quantity.........  Yes.................  Bioaccumulation          No..................  ......................  ...................  Hazardous Waste         Yes
                                                          Potential.                                                                                  Quantity.
                                   ....................  Hazardous Waste          Yes.................
                                                          Quantity.
 
             Targets                                     Targets................                        Targets...............                       Targets...............
Nearest Well.....................  Yes \b\.............  Nearest Intake.........  Yes \b\.............  Resident Individual...  Yes \b\............  Nearest Individual....  Yes \b\
Population.......................  Yes \b\.............  Drinking Water           Yes \b\.............  Resident Population...  Yes \b\............  Population............  Yes \b\
                                                          Population.
Resources........................  No..................  Resources..............  No..................  Workers...............  No.................  Resources.............  No
Wellhead Protection Area.........  No..................  Sensitive Environments.  Yes \b\.............  Resources.............  No.................  Sensitive Environments  No
                                   ....................  Human Food Chain         Yes \b\.............  Terrestrial Sensitive   No.................                          ...................
                                                          Individual.                                    Environments.
                                                         Human Food Chain         Yes \b\.............  ......................  ...................
                                                          Population.
                                                                                                        Nearby Individual.....  No.................
                                                                                                        Population Within 1     No.................
                                                                                                         Mile.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Factors evaluated differently are denoted by ``yes''; factors not evaluated differently are denoted by ``no.''
\b\ Difference is in the determination of Level I and Level II concentrations.


[[Page 201]]

    In general, sites containing mixed radioactive and other hazardous 
substances involve more evaluation than sites containing only 
radionuclides. For sites containing mixed radioactive and other 
hazardous substances, HRS factors are evaluated based on considerations 
of both the radioactive substances and the other hazardous substances in 
order to derive a single set of factor values for each factor category 
in each of the four pathways. Thus, the HRS score for these sites 
reflects the combined potential hazards posed by both the radioactive 
and other hazardous substances.
    Section 7 is organized by factor category, similar to sections 3 
through 6. Pathway-specific differences in evaluation criteria are 
specified under each factor category, as appropriate. These differences 
apply largely to the soil exposure pathway and to sites containing mixed 
radioactive and other hazardous substances. All evaluation criteria 
specified in sections 2 through 6 must be met, except where modified in 
section 7.
    7.1 Likelihood of release/likelihood of exposure. Evaluate 
likelihood of release for the three migration pathways and likelihood of 
exposure for the soil exposure pathway as specified in sections 2 
through 6, except: establish an observed release and observed 
contamination as specified in section 7.1.1. When an observed release 
cannot be established for a migration pathway, evaluate potential to 
release as specified in section 7.1.2. When observed contamination 
cannot be established, do not evaluate the soil exposure pathway.
    7.1.1 Observed release/observed contamination. For radioactive 
substances, establish an observed release for each migration pathway by 
demonstrating that the site has released a radioactive substance to the 
pathway (or watershed or aquifer, as appropriate); establish observed 
contamination for the soil exposure pathway as indicated below. Base 
these demonstrations on one or more of the following, as appropriate to 
the pathway being evaluated:
     Direct observation:

-For each migration pathway, a material that contains one or more 
radionuclides has been seen entering the atmosphere, surface water, or 
ground water, as appropriate, or is known to have entered ground water 
or surface water through direct deposition, or
-For the surface water migration pathway, a source area containing 
radioactive substances has been flooded at a time that radioactive 
substances were present and one or more radioactive substances were in 
contact with the flood waters.
     Analysis of radionuclide concentrations in 
samples appropriate to the pathway (that is, ground water, soil, air, 
surface water, benthic, or sediment samples):

-For radionuclides that occur naturally and for radionuclides that are 
ubiquitous in the environment:
     -Measured concentration (in units of activity, for example, pCi per 
kilogram [pCi/kg], pCi per liter [pCi/1], pCi per cubic meter [pCi/
m\3\]) of a given radionuclide in the sample are at a level that:
     -Equals or exceeds a value 2 standard deviations above the mean 
site-specific background concentration for that radionuclide in that 
type of sample, or
     -Exceeds the upper-limit value of the range of regional background 
concentration values for that specific radionuclide in that type of 
sample.
     -Some portion of the increase must be attributable to the site to 
establish the observed release (or observed contamination), and
     -For the soil exposure pathway only, the radionuclide must also be 
present at the surface or covered by 2 feet or less of cover material 
(for example, soil) to establish observed contamination.
-For man-made radionuclides without ubiquitous background concentrations 
in the environment:
     -Measured concentration (in units of activity) of a given 
radionuclide in a sample equals or exceeds the sample quantitation limit 
for that specific radionuclide in that type of media and is attributable 
to the site.
     -However, if the radionuclide concentration equals or exceeds its 
sample quantitation limit, but its release can also be attributed to one 
or more neighboring sites, then the measured concentration of that 
radionuclide must also equal or exceed a value either 2 standard 
deviations above the mean concentration of that radionuclide contributed 
by those neighboring sites or 3 times its background concentration, 
whichever is lower.
     -If the sample quantitation limit cannot be established:
     -If the sample analysis was performed under the EPA Contract 
Laboratory Program, use the EPA contract-required quantitation limit 
(CRQL) in place of the sample quantitation limit in establishing an 
observed release (or observed contamination).
     -If the sample analysis is not performed under the EPA Contract 
Labatory Program, use the detection limit in place of the sample 
quantitation limit.
     -For the soil exposure pathway only, the radionuclide must also be 
present at the surface or covered by 2 feet or less of cover material 
(for example, soil) to establish observed contamination.
     Gamma radiation measurements (applies only to 
observed contamination for the soil exposure pathway):


[[Page 202]]


-The gamma radiation exposure rate, as measured in microroentgens per 
hour ([micro]R/hr) using a survey instrument held 1 meter above the 
ground surface (or 1 meter away from an aboveground source), equals or 
exceeds 2 times the site-specific background gamma radiation exposure 
rate.
-Some portion of the increase must be attributable to the site to 
establish observed contamination. The gamma-emitting radionuclides do 
not have to be within 2 feet of the surface of the source.
    For the three migration pathways, if an observed release can be 
established for the pathway (or aquifer or watershed, as appropriate), 
assign the pathway (or aquifer or watershed) an observed release factor 
value of 550 and proceed to section 7.2. If an observed release cannot 
be established, assign an observed release factor value of 0 and proceed 
to section 7.1.2.
    For the soil exposure pathway, if observed contamination can be 
established, assign the likelihood of exposure factor for resident 
population a value of 550 if there is an area of observed contamination 
in one or more locations listed in section 5.1; evaluate the likelihood 
of exposure factor for nearby population as specified in section 5.2.1; 
and proceed to section 7.2. If observed contamination cannot be 
established, do not evaluate the soil exposure pathway.
    At sites containing mixed radioactive and other hazardous 
substances, evaluate observed release (or observed contamination) 
separately for radionuclides as described in this section and for other 
hazardous substances as described in sections 2 through 6.
    For the three migration pathways, if an observed release can be 
established based on either radionuclides or other hazardous substances, 
or both, assign the pathway (or aquifer or watershed) an observed 
release factor value of 550 and proceed to section 7.2. If an observed 
release cannot be established based on either radionuclides or other 
hazardous substances, assign an observed release factor value of 0 and 
proceed to section 7.1.2.
    For the soil exposure pathway, if observed contamination can be 
established based on either radionuclides or other hazardous substances, 
or both, assign the likelihood of exposure factor for resident 
population a value of 550 if there is an area of observed contamination 
in one or more locations listed in section 5.1; evaluate the likelihood 
of exposure factor for nearby population as specified in section 5.2.1; 
and proceed to section 7.2. If observed contamination cannot be 
established based on either radionuclides or other hazardous substances, 
do not evaluate the soil exposure pathway.
    7.1.2 Potential to release. For the three migration pathways, 
evaluate potential to release for sites containing radionuclides in the 
same manner as specified for sites containing other hazardous 
substances. Base the evaluation on the physical and chemical properties 
of the radionuclides, not on their level of radioactivity.
    For sites containing mixed radioactive and other hazardous 
substances, evaluate potential to release considering radionuclides and 
other hazardous substances together. Evaluate potential to release for 
each migration pathway as specified in sections 3, 4, or 6, as 
appropriate.
    7.2 Waste characteristics. For radioactive substances, evaluate the 
human toxicity factor, the ecosystem toxicity factor, the surface water 
persistence factor, and the hazardous waste quantity factor as specified 
in the following sections. Evaluate all other waste characteristic 
factors as specified in sections 2 through 6.
    7.2.1 Human toxicity. For radioactive substances, evaluate the human 
toxicity factor as specified below, not as specified in section 2.4.1.1.
    Assign human toxicity factor values to those radionuclides available 
to the pathway based on quantitative dose-response parameters for cancer 
risks as follows:
     Evaluate radionuclides only on the basis of 
carcinogenicity and assign all radionuclides to weight-of-evidence 
category A.
     Assign a human toxicity factor value from table 
7-2 to each radionuclide based on its slope factor (also referred to as 
cancer potency factor).

-For each radionuclide, use the higher of the slope factors for 
inhalation and ingestion to assign the factor value.
-If only one slope factor is available for the radionuclide, use it to 
assign the toxicity factor value.
-If no slope factor is available for the radionuclide, assign that 
radionuclide a toxicity factor value of 0 and use other radionuclides 
for which a slope factor is available to evaluate the pathway.
     If all radionuclides available to a particular 
pathway are assigned a human toxicity factor value of 0 (that is, no 
slope factor is available for all the radionuclides), use a default 
human toxicity factor value of 1,000 as the human toxicity factor value 
for all radionuclides available to the pathway.
    At sites containing mixed radioactive and other hazardous 
substances, evaluate the toxicity factor separately for the radioactive 
and other hazardous substances and assign each a separate toxicity 
factor value. This applies regardless of whether the radioactive and 
other hazardous substances are physically separated, combined 
chemically, or simply mixed together. Assign toxicity factor values to 
the radionuclides as specified above and to the other hazardous 
substances as specified in section 2.4.1.1.
    At sites containing mixed radioactive and other hazardous 
substances, if all radionuclides available to a particular pathway

[[Page 203]]

are assigned a human toxicity factor value of 0, use a default human 
toxicity factor value of 1,000 for all those radionuclides even if 
nonradioactive hazardous substances available to the pathway are 
assigned human toxicity factor values greater than 0. Similarly, if all 
nonradioactive hazardous substances available to the pathway are 
assigned a human toxicity factor value of 0, use a default human 
toxicity factor value of 100 for all these nonradioactive hazardous 
substances even if radionuclides available to the pathway are assigned 
human toxicity factor values greater than 0.
    7.2.2 Ecosystem toxicity. For the surface water environmental threat 
(see sections 4.1.4 and 4.2.4). assign an ecosystem toxicity factor 
value to radionuclides (alone or combined chemically or mixed with other 
hazardous substances) using the same slope factors and procedures 
specified for the human toxicity factor in section 7.2.1, except: use a 
default of 100, not 1,000, if all radionuclides eligible to be evaluated 
for ecosystem toxicity receive an ecosystem toxicity factor value of 0.

           Table 7-2--Toxicity Factor Values for Radionuclides
------------------------------------------------------------------------
                                                                Assigned
             Cancer slope factor \a\ (SF) (pCi)-1                value
------------------------------------------------------------------------
3x10-11<= SF.................................................     10,000
3x10-12<= SF<3x10-11.........................................      1,000
          SF<3x10-12.........................................        100
SF not available for the radionuclide........................          0
------------------------------------------------------------------------
\a\ Radionuclide slope factors are estimates of age-averaged, individual
  lifetime total excess cancer risk per picocurie of radionuclide
  inhaled or ingested.

    At sites containing mixed radioactive and other hazardous 
substances, evaluate the ecosystem toxicity factor separately for the 
radioactive and other hazardous substances and assign each a separate 
ecosystem toxicity factor value. This applies regardless of whether the 
radioactive and other hazardous substances are physically separated, 
combined chemically, or simply mixed together. Assign ecosystem toxicity 
factor values to the radionuclides as specified above and to the other 
hazardous substances as specified in sections 4.1.4.2.1.1 and 
4.2.4.2.1.1. If all radionuclides available to a particular pathway are 
assigned an ecosystem toxicity factor value of 0, use a default 
ecosystem toxicity factor value of 100 for all these radionuclides even 
if nonradioactive hazardous substances available to the pathway are 
assigned ecosystem toxicity factor values greater than 0. Similarly, if 
all nonradioactive hazardous substances available to the pathway are 
assigned an ecosystem toxicity factor value of 0, use a default 
ecosystem toxicity factor value of 100 for all these nonradioactive 
hazardous substances even if radionuclides available to the pathway are 
assigned ecosystem toxicity factor values greater than 0.
    7.2.3 Persistence. For radionuclides, evaluate the surface water 
persistence factor based solely on half-life; do not include sorption to 
sediments in the evaluation as is done for nonradioactive hazardous 
substances. Assign a persistence factor value from table 4-10 (section 
4.1.2.2.1.2) to each radionuclide based on half-life (t1/2) 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.168

where:

r=Radioactive half-life.
v=Volatilization half-life.
    If the volatilization half-life cannot be estimated for a 
radionuclide from available data, delete it from the equation. Select 
the portion of table 4-10 to use in assigning the persistence factor 
value as specified in section 4.1.2.2.1.2.
    At sites containing mixed radioactive and other hazardous 
substances, evaluate the persistence factor separately for each 
radionuclide and for each nonradioactive hazardous substance, even if 
the available data indicate that they are combined chemically. Assign a 
persistence factor value to each radionuclide as specified in this 
section and to each nonradioactive hazardous substance as specified in 
section 4.1.2.2.1.2. When combined chemically, assign a single 
persistence factor value based on the higher of the two values assigned 
(individually) to the radioactive and nonradioactive components.
    7.2.4 Selection of substance potentially posing greatest hazard. For 
each migration pathway (threat, aquifer, or watershed, as appropriate), 
select the radioactive substance or nonradioactive hazardous substance 
that potentially poses the greatest hazard based on its toxicity factor 
value, combined with the applicable mobility, persistence, and/or 
bioaccumulation (or ecosystem bioaccumulation) potential factor values. 
Combine these factor values as specified in sections 2, 3, 4, and 6. For 
the soil exposure pathway, base the selection on the toxicity factor 
alone (see sections 2 and 5).
    7.2.5 Hazardous waste quantity. To calculate the hazardous waste 
quantity factor value for sites containing radioactive substances, 
evaluate source hazardous waste quantity (see section 2.4.2.1) using 
only the following two measures in the following hierarchy (these 
measures are consistent with Tiers A and B for nonradioactive hazardous 
substances in sections 2.4.2.1.1 and 2.4.2.1.2):
     Radionuclide constituent quantity (Tier A).
     Radionuclide wastestream quantity (Tier B).

[[Page 204]]

    7.2.5.1 Source hazardous waste quantity for radionuclides. For each 
migration pathway, assign a source hazardous waste quantity value to 
each source having a containment factor value greater than 0 for the 
pathway being evaluated. For the soil exposure pathway, assign a source 
hazardous waste quantity value to each area of observed contamination, 
as applicable to the threat being evaluated. Allocate hazardous 
substances and hazardous wastestreams to specific sources (or areas of 
observed contamination) as specified in section 2.4.2.
    7.2.5.1.1 Radionuclide constituent quantity (Tier A). Evaluate 
radionuclide constituent quantity for each source (or area of observed 
contamination) based on the activity content of the radionuclides 
allocated to the source (or area of observed contamination) as follows:
     Estimate the net activity content (in curies) for 
the source (or area of observed contamination) based on:
-Manifests, or
-Either of the following equations, as applicable:
[GRAPHIC] [TIFF OMITTED] TC15NO91.169

where:

N=Estimated net activity content (in curies) for the source (or area of 
observed contamination).
V=Total volume of material (in cubic yards) in a source (or area of 
observed contamination) containing radionuclides.
ACi=Activity concentration above the respective background 
concentration (in pCi/g) for each radionuclide i allocated to the source 
(or area of observed contamination).
n=Number of radionuclides allocated to the source (or area of observed 
contamination) above the respective background concentrations.
 or,
[GRAPHIC] [TIFF OMITTED] TC15NO91.170

 where:
N=Estimated net activity content (in curies) for the source (or area of 
observed contamination).
V=Total volume of material (in gallons) in a source (or area of observed 
contamination) containing radionuclides.
ACi=Activity concentration above the respective background 
concentration (in pCi/1) for each radionuclide i allocated to the source 
(or area of observed contamination).
n=Number of radionuclides allocated to the source (or area of observed 
contamination) above the respective background concentrations.
-Estimate volume for the source (or volume for the area of observed 
contamination) based on records or measurements.
-For the soil exposure pathway, in estimating the volume for areas of 
observed contamination, do not include more than the first 2 feet of 
depth, except: for those types of areas of observed contamination listed 
in Tier C of table 5-2 (section 5.1.2.2).
Include the entire depth, not just that within 2 feet of the surface.
     Convert from curies of radionuclides to 
equivalent pounds of nonradioactive hazardous substances by multiplying 
the activity estimate for the source (or area of observed contamination) 
by 1,000.
     Assign this resulting product as the radionuclide 
constituent quantity value for the source (or area of observed 
contamination).

    If the radionuclide constituent quantity for the source (or area of 
observed contamination) is adequately determined (that is, the total 
activity of all radionuclides in the source and releases from the source 
[or in the area of observed contamination] is known or is estimated with 
reasonable confidence), do not evaluate the radionuclide wastestream 
quantity measure in section 7.2.5.1.2. Instead, assign radionuclide 
wastestream quantity a value of 0 and proceed to section 7.2.5.1.3. If 
the radionuclide constituent quantity is not adequately determined, 
assign the source (or area of observed contamination) a value for 
radionuclide constituent quantity based on the available data and 
proceed to section 7.2.5.1.2.
    7.2.5.1.2 Radionuclide wastestream quantity (Tier B). Evaluate 
radionuclide wastestream quantity for the source (or area of observed 
contamination) based on the activity content of radionuclide 
wastestreams allocated to the source (or area of observed contamination) 
as follows:
     Estimate the total volume (in cubic yards or in 
gallons) of wastestreams containing radionuclides allocated to the 
source (or area of observed contamination).
     Divide the volume in cubic yards by 0.55 (or the 
volume in gallons by 110) to convert to the activity content expressed 
in terms of equivalent pounds of nonradioactive hazardous substances.
     Assign the resulting value as the radionuclide 
wastestream quantity value for the source (or area of observed 
contamination).
    7.2.5.1.3 Calculation of source hazardous waste quantity value for 
radionuclides. Select the higher of the values assigned to the source 
(or area of observed contamination) for radionuclide constituent 
quantity and radionuclide wastestream quantity. Assign this value as the 
source hazardous waste quantity value for the source (or area of 
observed contamination). Do not round to the nearest integer.

[[Page 205]]

    7.2.5.2 Calculation of hazardous waste quantity factor value for 
radionuclides. Sum the source hazardous waste quantity values assigned 
to all sources (or areas of observed contamination) for the pathway 
being evaluated and round this sum to the nearest integer, except: if 
the sum is greater than 0, but less than 1, round it to 1. Based on this 
value, select a hazardous waste quantity factor value for this pathway 
from table 2-6 (section 2.4.2.2).
    For a migration pathway, if the radionuclide constituent quantity is 
adequately determined (see section 7.2.5.1.1) for all sources (or all 
portions of sources and releases remaining after a removal action), 
assign the value from table 2-6 as the hazardous waste quantity factor 
value for the pathway. If the radionuclide constituent quantity is not 
adequately determined for one or more sources (or one or more portions 
of sources or releases remaining after a removal action), assign a 
factor value as follows:
     If any target for that migration pathway is 
subject to Level I or Level II concentrations (see section 7.3), assign 
either the value from table 2-6 or a value of 100, whichever is greater, 
as the hazardous waste quantity factor value for that pathway.
     If none of the targets for that pathway is 
subject to Level I or Level II concentrations, assign a factor value as 
follows:

-If there has been no removal action, assign either the value from table 
2-6 or a value of 10, whichever is greater, as the hazardous waste 
quantity factor value for that pathway.
-If there has been a removal action:
     -Determine values from table 2-6 with and without consideration of 
the removal action.
     -If the value that would be assigned from table 2-6 without 
consideration of the removal action would be 100 or greater, assign 
either the value from table 2-6 with consideration of the removal action 
or a value of 100, whichever is greater, as the hazardous waste quantity 
factor value for the pathway.
     -If the value that would be assigned from table 2-6 without 
consideration of the removal action would be less than 100, assign a 
value of 10 as the hazardous waste quantity factor value for the 
pathway.
    For the soil exposure pathway, if the radionuclide constituent 
quantity is adequately determined for all areas of observed 
contamination, assign the value from table 2-6 as the hazardous waste 
quantity factor value. If the radionuclide constituent quantity is not 
adequately determined for one or more areas of observed contamination, 
assign either the value from table 2-6 or a value of 10, whichever is 
greater, as the hazardous waste quantity factor value.
    7.2.5.3 Calculation of hazardous waste quantity factor value for 
sites containing mixed radioactive and other hazardous substances. For 
each source (or area of observed contamination) containing mixed 
radioactive and other hazardous substances, calculate two source 
hazardous waste quantity values--one based on radionuclides as specified 
in sections 7.2.5.1 through 7.2.5.1.3 and the other based on the 
nonradioactive hazardous substances as specified in sections 2.4.2.1 
through 2.4.2.1.5 (that is, determine each value as if the other type of 
substance was not present). Sum the two values to determine a combined 
source hazardous waste quantity value for the source (or area of 
observed contamination). Do not round this value to the nearest integer.
    Use this combined source hazardous waste quantity value to calculate 
the hazardous waste quantity factor value for the pathway as specified 
in section 2.4.2.2, except: if either the hazardous constituent quantity 
or the radionuclide constituent quantity, or both, are not adequately 
determined for one or more sources (or one or more portions of sources 
or releases remaining after a removal action) or for one or more areas 
of observed contamination, as applicable, assign the value from table 2-
6 or the default value applicable for the pathway, whichever is greater, 
as the hazardous waste quantity factor value for the pathway.
    7.3 Targets. For radioactive substances, evaluate the targets factor 
category as specified in section 2.5 and sections 3 through 6, except: 
establish Level I and Level II concentrations at sampling locations as 
specified in sections 7.3.1 and 7.3.2.
    For all pathways (and threats), use the same target distance limits 
for sites containing radioactive substances as is specified in sections 
3 through 6 for sites containing nonradioactive hazardous substances. At 
sites containing mixed radioactive and other hazardous substances, 
include all sources (or areas of observed contamination) at the site in 
identifying the applicable targets for the pathway.
    7.3.1 Level of contamination at a sampling location. Determine 
whether Level I or Level II concentrations apply at a sampling location 
(and thus to the associated targets) as follows:
     Select the benchmarks from section 7.3.2 
applicable to the pathway (or threat) being evaluated.
     Compare the concentrations of radionuclides in 
the sample (or comparable samples) to their benchmark concentrations for 
the pathway (or threat) as specified in section 7.3.2. Treat comparable 
samples as specified in section 2.5.1.
     Determine which level applies based on this 
comparison.
     If none of the radionuclides eligible to be 
evaluated for the sampling location have an

[[Page 206]]

applicable benchmark, assign Level II to the actual contamination at 
that sampling location for the pathway (or threat).
     In making the comparison, consider only those 
samples, and only those radionuclides in the sample, that meet the 
criteria for an observed release (or observed contamination) for the 
pathway, except: tissue samples from aquatic human food chain organisms 
may also be used for the human food chain threat of the surface water 
pathway as specified in sections 4.1.3.3 and 4.2.3.3.
    7.3.2 Comparison to benchmarks. Use the following media specific 
benchmarks (expressed in activity units, for example, pCi/l for water, 
pCi/kg for soil and for aquatic human food chain organisms, and pCi/m\3\ 
for air) for making the comparisons for the indicated pathway (or 
threat):
     Maximum Contaminant Levels (MCLs)--ground water 
migration pathway and drinking water threat in surface water migration 
pathway.
     Uranium Mill Tailings Radiation Control Act 
(UMTRCA) standards--soil exposure pathway only.
     Screening concentration for cancer corresponding 
to that concentration that corresponds to the 10-6 individual 
cancer risk for inhalation exposures (air migration pathway) or for oral 
exposures (ground water migration pathway; drinking water or human food 
chain threats in surface water migration pathway; and soil exposure 
pathway).

-For the soil exposure pathway, include two screening concentrations for 
cancer--one for ingestion of surface materials and one for external 
radiation exposures from gamma-emitting radionuclides in surface 
materials.
    Select the benchmark(s) applicable to the pathway (or threat) being 
evaluated. Compare the concentration of each radionuclide from the 
sampling location to its benchmark concentration(s) for that pathway (or 
threat). Use only those samples and only those radionuclides in the 
sample that meet the criteria for an observed release (or observed 
contamination) for the pathway, except: tissue samples from aquatic 
human food chain organisms may be used as specified in sections 4.1.3.3 
and 4.2.3.3. If the concentration of any applicable radionuclide from 
any sample equals or exceeds its benchmark concentration, consider the 
sampling location to be subject to Level I concentrations for that 
pathway (or threat). If more than one benchmark applies to the 
radionuclide, assign Level I if the radionuclide concentration equals or 
exceeds the lowest applicable benchmark concentration. In addition, for 
the soil exposure pathway, assign Level I concentrations at the sampling 
location if measured gamma radiation exposure rates equal or exceed 2 
times the background level (see section 7.1.1).
    If no radionuclide individually equals or exceeds its benchmark 
concentration, but more than one radionuclide either meets the criteria 
for an observed release (or observed contamination) for the sample or is 
eligible to be evaluated for a tissue sample (see sections 4.1.3.3 and 
4.2.3.3), calculate a value for index I for these radionuclides as 
specified in section 2.5.2. If I equals or exceeds 1, assign Level I to 
the sampling location. If I is less than 1, assign Level II.
    At sites containing mixed radioactive and other hazardous 
substances, establish the level of contamination for each sampling 
location considering radioactive substances and nonradioactive hazardous 
substances separately. Compare the concentration of each radionuclide 
and each nonradioactive hazardous substance from the sampling location 
to its respective benchmark concentration(s). Use only those samples and 
only those substances in the sample that meet the criteria for an 
observed release (or observed contamination) for the pathway except: 
tissue samples from aquatic human food chain organisms may be used as 
specified in sections 4.1.3.3 and 4.2.3.3. If the concentration of one 
or more applicable radionuclides or other hazardous substances from any 
sample equals or exceeds its benchmark concentration, consider the 
sampling location to be subject to Level I concentrations. If more than 
one benchmark applies to a radionuclide or other hazardous substance, 
assign Level I if the concentration of the radionuclide or other 
hazardous substance equals or exceeds its lowest applicable benchmark 
concentration.
    If no radionuclide or other hazardous substance individually exceed 
a benchmark concentration, but more than one radionuclide or other 
hazardous substance either meets the criteria for an observed release 
(or observed contamination) for the sample or is eligible to be 
evaluated for a tissue sample, calculate an index I for both types of 
substances as specified in section 2.5.2. Sum the index I values for the 
two types of substances. If the value, individually or combined, equals 
or exceeds 1, assign Level I to the sample location. If it is less than 
1, calculate an index J for the nonradioactive hazardous substances as 
specified in section 2.5.2. If J equals or exceeds 1, assign Level I to 
the sampling location. If J is less than 1, assign Level II.

[55 FR 51583, Dec. 14, 1990]

[[Page 207]]

            Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
           State                         Site name                     City/County                Notes(a)
----------------------------------------------------------------------------------------------------------------
AK........................  Arctic Surplus....................  Fairbanks................
AL........................  American Brass....................  Headland.................
AL........................  Ciba-Geigy Corp. (McIntosh Plant).  McIntosh.................
AL........................  Interstate Lead Co. (ILCO)........  Leeds....................
AL........................  Olin Corp. (McIntosh Plant).......  McIntosh.................
AL........................  Perdido Ground Water Contamination  Perdido..................  C
AL........................  Redwing Carriers, Inc. (Saraland).  Saraland.................
AL........................  Stauffer Chemical Co. (Cold Creek   Bucks....................
                             Plant).
AL........................  Stauffer Chemical Co. (LeMoyne      Axis.....................
                             Plant).
AL........................  T.H. Agriculture & Nutrition        Montgomery...............
                             (Montgomery).
AL........................  Triana/Tennessee River............  Limestone/Morgan.........  C
AR........................  Arkwood, Inc......................  Omaha....................  C
AR........................  Industrial Waste Control..........  Fort Smith...............  C
AR........................  Mid-South Wood Products...........  Mena.....................  C
AR........................  Midland Products..................  Ola/Birta................  C
AR........................  Monroe Auto Equipment (Paragould    Paragould................
                             Pit).
AR........................  Mountain Pine Pressure Treating,    Plainview................
                             Inc.
AR........................  Ouachita Nevada Wood Treater......  Reader...................
AR........................  Popile, Inc.......................  El Dorado................
AR........................  Rogers Road Municipal Landfill....  Jacksonville.............  C
AR........................  Vertac, Inc.......................  Jacksonville.............
AZ........................  Apache Powder Co..................  St. David................
AZ........................  Hassayampa Landfill...............  Hassayampa...............
AZ........................  Indian Bend Wash Area.............  Scottsdale/Tempe/Phoenix.  P
AZ........................  Litchfield Airport Area...........  Goodyear/Avondale........
AZ........................  Motorola, Inc. (52nd Street Plant)  Phoenix..................
AZ........................  Nineteenth Avenue Landfill........  Phoenix..................
AZ........................  Tucson International Airport Area.  Tucson...................
CA........................  Advanced Micro Devices, Inc.......  Sunnyvale................  C
CA........................  Advanced Micro Devices, Inc.        Sunnyvale................  C
                             (Bldg. 915).
CA........................  Aerojet General Corp..............  Rancho Cordova...........
CA........................  Alark Hard Chrome.................  Riverside................
CA........................  AMCO Chemical.....................  Oakland..................
CA........................  Applied Materials.................  Santa Clara..............  C
CA........................  Atlas Asbestos Mine...............  Fresno County............
CA........................  Beckman Instruments (Porterville    Porterville..............  C
                             Plant).
CA........................  Brown & Bryant, Inc (Arvin Plant).  Arvin....................
CA........................  CTS Printex, Inc..................  Mountain View............  C
CA........................  Casmalia Resources................  Casmalia.................
CA........................  Coast Wood Preserving.............  Ukiah....................
CA........................  Cooper Drum Company...............  South Gate...............
CA........................  Crazy Horse Sanitary Landfill.....  Salinas..................
CA........................  Del Amo...........................  Los Angeles..............
CA........................  Fairchild Semiconductor Corp. (Mt   Mountain View............
                             View).
CA........................  Fairchild Semiconductor Corp. (S    South San Jose...........  C
                             San Jose).
CA........................  Fresno Municipal Sanitary Landfill  Fresno...................
CA........................  Frontier Fertilizer...............  Davis....................
CA........................  Hewlett-Packard (620-640 Page Mill  Palo Alto................
                             Road).
CA........................  Industrial Waste Processing.......  Fresno...................
CA........................  Intel Corp. (Mountain View Plant).  Mountain View............
CA........................  Intel Corp. (Santa Clara III).....  Santa Clara..............  C
CA........................  Intel Magnetics...................  Santa Clara..............  C
CA........................  Intersil Inc./Siemens Components..  Cupertino................  C
CA........................  Iron Mountain Mine................  Redding..................
CA........................  J.H. Baxter & Co..................  Weed.....................
CA........................  Jasco Chemical Corp...............  Mountain View............
CA........................  Klau/Buena Vista Mine.............  San Luis Obispo County...
CA........................  Koppers Co., Inc. (Oroville Plant)  Oroville.................
CA........................  Lava Cap Mine.....................  Nevada City..............
CA........................  Leviathan Mine....................  Alpine County............
CA........................  Lorentz Barrel & Drum Co..........  San Jose.................
CA........................  MGM Brakes........................  Cloverdale...............  C
CA........................  McColl............................  Fullerton................
CA........................  McCormick & Baxter Creosoting Co..  Stockton.................
CA........................  Modesto Ground Water Contamination  Modesto..................
CA........................  Monolithic Memories...............  Sunnyvale................  C
CA........................  Montrose Chemical Corp............  Torrance.................
CA........................  National Semiconductor Corp.......  Santa Clara..............
CA........................  Newmark Ground Water Contamination  San Bernardino...........
CA........................  Omega Chemical Corporation........  Whittier.................

[[Page 208]]

 
CA........................  Operating Industries, Inc.,         Monterey Park............
                             Landfill.
CA........................  Pacific Coast Pipe Lines..........  Fillmore.................  C
CA........................  Pemaco Maywood....................  Maywood..................
CA........................  Purity Oil Sales, Inc.............  Malaga...................
CA........................  Raytheon Corp.....................  Mountain View............
CA........................  San Fernando Valley (Area 1)......  Los Angeles..............
CA........................  San Fernando Valley (Area 2)......  Los Angeles/Glendale.....
CA........................  San Fernando Valley (Area 3)......  Glendale.................
CA........................  San Fernando Valley (Area 4)......  Los Angeles..............
CA........................  San Gabriel Valley (Area 1).......  El Monte.................
CA........................  San Gabriel Valley (Area 2).......  Baldwin Park Area........
CA........................  San Gabriel Valley (Area 3).......  Alhambra.................
CA........................  San Gabriel Valley (Area 4).......  La Puente................
CA........................  Selma Treating Co.................  Selma....................
CA........................  Sola Optical USA, Inc.............  Petaluma.................  C
CA........................  South Bay Asbestos Area...........  Alviso...................
CA........................  Southern California Edison Co.      Visalia..................
                             (Visalia).
CA........................  Spectra-Physics, Inc..............  Mountain View............  C
CA........................  Stringfellow......................  Glen Avon Heights........  S
CA........................  Sulphur Bank Mercury Mine.........  Clear Lake...............
CA........................  Synertek, Inc. (Building 1).......  Santa Clara..............  C
CA........................  T.H. Agriculture & Nutrition Co...  Fresno...................
CA........................  TRW Microwave, Inc (Building 825).  Sunnyvale................  C
CA........................  Teledyne Semiconductor............  Mountain View............  C
CA........................  United Heckathorn Co..............  Richmond.................
CA........................  Valley Wood Preserving, Inc.......  Turlock..................
CA........................  Waste Disposal, Inc...............  Santa Fe Springs.........
CA........................  Watkins-Johnson Co. (Stewart        Scotts Valley............  C
                             Division).
CA........................  Westinghouse Elecetric Corp.        Sunnyvale................
                             (Sunnyvale).
CO........................  Broderick Wood Products...........  Denver...................  C
CO........................  California Gulch..................  Leadville................  P
CO........................  Captain Jack Mill.................  Ward.....................
CO........................  Central City-Clear Creek..........  Idaho Springs............
CO........................  Chemical Sales Co.................  Denver...................
CO........................  Denver Radium Site................  Denver...................
CO........................  Eagle Mine........................  Minturn/Redcliff.........
CO........................  Lincoln Park......................  Canon City...............
CO........................  Lowry Landfill....................  Arapahoe County..........
CO........................  Marshall Landfill.................  Boulder County...........  C,S
CO........................  Standard Mine.....................  Gunnison National Forest.
CO........................  Summitville Mine..................  Rio Grande County........
CO........................  Uravan Uranium Project (Union       Uravan...................  P
                             Carbide).
CO........................  Vasquez Boulevard and I-70........  Denver...................
CT........................  Barkhamsted-New Hartford Landfill.  Barkhamsted..............
CT........................  Beacon Heights Landfill...........  Beacon Falls.............
CT........................  Durham Meadows....................  Durham...................
CT........................  Gallup's Quarry...................  Plainfield...............
CT........................  Kellogg-Deering Well Field........  Norwalk..................  C
CT........................  Laurel Park, Inc..................  Naugatuck Borough........  S
CT........................  Linemaster Switch Corp............  Woodstock................
CT........................  Old Southington Landfill..........  Southington..............
CT........................  Precision Plating Corp............  Vernon...................
CT........................  Raymark Industries, Inc...........  Stratford................  A
CT........................  Scovill Industrial Landfill.......  Waterbury................
CT........................  Solvents Recovery Service New       Southington..............
                             England.
CT........................  Yaworski Waste Lagoon.............  Canterbury...............
DE........................  Army Creek Landfill...............  New Castle County........  C
DE........................  Chem-Solv, Inc....................  Cheswold.................
DE........................  Coker's Sanitation Service          Kent County..............  C
                             Landfills.
DE........................  Delaware City PVC Plant...........  Delaware City............
DE........................  Delaware Sand & Gravel Landfill...  New Castle County........
DE........................  Dover Gas Light Co................  Dover....................
DE........................  E.I.Du Pont de Nemours (Newport     Newport..................
                             Landfill).
DE........................  Halby Chemical Co.................  New Castle...............
DE........................  Harvey & Knott Drum, Inc..........  Kirkwood.................  C
DE........................  Koppers Co., Inc. (Newport Plant).  Newport..................
DE........................  NCR Corp. (Millsboro Plant).......  Millsboro................  C
DE........................  Standard Chlorine of Delaware, Inc  Delaware City............
DE........................  Tybouts Corner Landfill...........  New Castle County........  C,S
FL........................  Agrico Chemical Co................  Pensacola................
FL........................  Airco Plating Co..................  Miami....................
FL........................  Alaric Area Ground Water Plume....  Tampa....................

[[Page 209]]

 
FL........................  American Creosote Works (Pensacola  Pensacola................
                             Plt).
FL........................  Anodyne, Inc......................  North Miami Beach........
FL........................  B&B Chemical Co., Inc.............  Hialeah..................  C
FL........................  Cabot/Koppers.....................  Gainesville..............
FL........................  Callaway & Son Drum Service.......  Lake Alfred..............
FL........................  Chevron Chemical Co. (Ortho         Orlando..................
                             Division).
FL........................  City Industries, Inc..............  Orlando..................  C
FL........................  Coleman-Evans Wood Preserving Co..  Whitehouse...............
FL........................  Davie Landfill....................  Davie....................  C
FL........................  Escambia Wood--Pensacola..........  Pensacola................
FL........................  Florida Petroleum Reprocessors....  Fort Lauderdale..........
FL........................  Florida Steel Corp................  Indiantown...............
FL........................  Harris Corp. (Palm Bay Plant).....  Palm Bay.................
FL........................  Helena Chemical Co. (Tampa Plant).  Tampa....................
FL........................  Hipps Road Landfill...............  Duval County.............  C
FL........................  Hollingsworth Solderless Terminal.  Fort Lauderdale..........  C
FL........................  Landia Chemical Company...........  Lakeland.................
FL........................  MRI Corp (Tampa)..................  Tampa....................
FL........................  Madison County Sanitary Landfill..  Madison..................  C
FL........................  Miami Drum Services...............  Miami....................  C
FL........................  Peak Oil Co./Bay Drum Co..........  Tampa....................
FL........................  Pepper Steel & Alloys, Inc........  Medley...................  C
FL........................  Petroleum Products Corp...........  Pembroke Park............
FL........................  Pickettville Road Landfill........  Jacksonville.............
FL........................  Piper Aircraft/Vero Beach Water &   Vero Beach...............
                             Sewer.
FL........................  Reeves Southeast Galvanizing Corp.  Tampa....................
FL........................  Sapp Battery Salvage..............  Cottondale...............
FL........................  Sherwood Medical Industries.......  Deland...................
FL........................  Solitron Microwave................  Port Salerno.............
FL........................  Southern Solvents, Inc............  Tampa....................
FL........................  Standard Auto Bumper Corp.........  Hialeah..................  C
FL........................  Stauffer Chemical Co. (Tampa).....  Tampa....................
FL........................  Stauffer Chemical Co. (Tarpon       Tarpon Springs...........
                             Springs).
FL........................  Sydney Mine Sludge Ponds..........  Brandon..................
FL........................  Taylor Road Landfill..............  Seffner..................
FL........................  Tower Chemical Co.................  Clermont.................
FL........................  Trans Circuit, Inc................  Lake Park................
FL........................  United Metals, Inc................  Marianna.................
FL........................  Whitehouse Oil Pits...............  Whitehouse...............
FL........................  Wingate Road Municipal Incinerator  Fort Lauderdale..........
                             Dump.
FL........................  Zellwood Ground Water               Zellwood.................
                             Contamination.
GA........................  Alternate Energy Resources........  Augusta..................
GA........................  Brunswick Wood Preserving.........  Brunswick................
GA........................  Camilla Wood Preserving Company...  Camilla..................
GA........................  Cedartown Industries, Inc.........  Cedartown................
GA........................  Diamond Shamrock Corp. Landfill...  Cedartown................  C
GA........................  Firestone Tire & Rubber Co.         Albany...................
                             (Albany Plant).
GA........................  Hercules 009 Landfill.............  Brunswick................
GA........................  LCP Chemicals Georgia.............  Brunswick................  S
GA........................  Marzone Inc./Chevron Chemical Co..  Tifton...................
GA........................  Mathis Brothers Landfill..........  Kensington...............
GA........................  Peach Orchard Road PCE Ground       Augusta..................
                             Water Plume.
GA........................  Powersville Site..................  Peach County.............  C
GA........................  T.H. Agriculture & Nutrition        Albany...................
                             (Albany).
GA........................  Woolfolk Chemical Works, Inc......  Fort Valley..............
GU........................  Ordot Landfill....................  Guam.....................  C,S
HI........................  Del Monte Corp. (Oahu Plantation).  Honolulu County..........  P
IA........................  Des Moines TCE....................  Des Moines...............
IA........................  Electro-Coatings, Inc.............  Cedar Rapids.............
IA........................  Fairfield Coal Gasification Plant.  Fairfield................  C
IA........................  Lawrence Todtz Farm...............  Camanche.................  C
IA........................  Mason City Coal Gasification Plant  Mason City...............
IA........................  Midwest Manufacturing/North Farm..  Kellogg..................  C
IA........................  Peoples Natural Gas Co............  Dubuque..................
IA........................  Railroad Avenue Groundwater         Des Moines...............
                             Contamination.
IA........................  Shaw Avenue Dump..................  Charles City.............
IA........................  Vogel Paint & Wax Co..............  Orange City..............  C
ID........................  Bunker Hill Mining & Metallurgical  Smelterville.............
ID........................  Eastern Michaud Flats               Pocatello................
                             Contamination.
ID........................  Kerr-McGee Chemical Corp. (Soda     Soda Springs.............
                             Springs).
ID........................  Monsanto Chemical Co. (Soda         Soda Springs.............
                             Springs).
IL........................  A & F Material Reclaiming, Inc....  Greenup..................  C

[[Page 210]]

 
IL........................  Acme Solvent Reclaiming             Morristown...............
                             (Morristown Plant).
IL........................  Adams County Quincy Landfills 2&3.  Quincy...................
IL........................  Amoco Chemicals (Joliet Landfill).  Joliet...................
IL........................  Beloit Corp.......................  Rockton..................
IL........................  Belvidere Municipal Landfill......  Belvidere................  C
IL........................  Byron Salvage Yard................  Byron....................
IL........................  Central Illinois Public Service Co  Taylorville..............  C
IL........................  Cross Brothers Pail Recycling       Pembroke Township........  C
                             (Pembroke).
IL........................  DePue/New Jersey Zinc/Mobil         DePue....................
                             ChemCorp.
IL........................  DuPage County Landfill/Blackwell    Warrenville..............
                             Forest.
IL........................  Galesburg/Koppers Co..............  Galesburg................
IL........................  H.O.D. Landfill...................  Antioch..................
IL........................  Hegeler Zinc......................  Danville.................
IL........................  Indian Refinery--Texaco             Lawrenceville............
                             Lawrenceville.
IL........................  Interstate Pollution Control, Inc.  Rockford.................
IL........................  Jennison-Wright Corporation.......  Granite City.............
IL........................  Johns-Manville Corp...............  Waukegan.................  C
IL........................  Kerr-McGee (Kress Creek/W Branch    DuPage County............
                             DuPage).
IL........................  Kerr-McGee (Reed-Keppler Park)....  West Chicago.............
IL........................  Kerr-McGee (Residential Areas)....  West Chicago/DuPage
                                                                 County.
IL........................  Kerr-McGee (Sewage Treatment        West Chicago.............
                             Plant).
IL........................  LaSalle Electric Utilities........  LaSalle..................  C
IL........................  Lenz Oil Service, Inc.............  Lemont...................
IL........................  Matthiessen and Hegeler Zinc        LaSalle..................
                             Company.
IL........................  MIG/Dewane Landfill...............  Belvidere................
IL........................  NL Industries/Taracorp Lead         Granite City.............
                             Smelter.
IL........................  Ottawa Radiation Areas............  Ottawa...................
IL........................  Outboard Marine Corp..............  Waukegan.................  S
IL........................  Pagel's Pit.......................  Rockford.................
IL........................  Parsons Casket Hardware Co........  Belvidere................
IL........................  Southeast Rockford Gd Wtr           Rockford.................
                             Contamination.
IL........................  Tri-County Landfill/Waste Mgmt      South Elgin..............
                             Illinois.
IL........................  Velsicol Chemical Corp. (Illinois)  Marshall.................  C
IL........................  Wauconda Sand & Gravel............  Wauconda.................  C
IL........................  Woodstock Municipal Landfill......  Woodstock................
IL........................  Yeoman Creek Landfill.............  Waukegan.................
IN........................  American Chemical Service, Inc....  Griffith.................
IN........................  Bennett Stone Quarry..............  Bloomington..............
IN........................  Cam-Or Inc........................  Westville................
IN........................  Columbus Old Municipal Landfill     Columbus.................  C
                             1.
IN........................  Conrail Rail Yard (Elkhart).......  Elkhart..................
IN........................  Continental Steel Corp............  Kokomo...................
IN........................  Douglass Road/Uniroyal, Inc.,       Mishawaka................
                             Landfill.
IN........................  Envirochem Corp...................  Zionsville...............
IN........................  Fisher-Calo.......................  LaPorte..................
IN........................  Fort Wayne Reduction Dump.........  Fort Wayne...............  C
IN........................  Galen Myers Dump/Drum Salvage.....  Osceola..................
IN........................  Himco Dump........................  Elkhart..................
IN........................  Jacobsville Neighborhood Soil       Evansville...............
                             Contamination.
IN........................  Lake Sandy Jo (M&M Landfill)......  Gary.....................  C
IN........................  Lakeland Disposal Service, Inc....  Claypool.................
IN........................  Lemon Lane Landfill...............  Bloomington..............
IN........................  MIDCO I...........................  Gary.....................
IN........................  MIDCO II..........................  Gary.....................
IN........................  Main Street Well Field............  Elkhart..................  C
IN........................  Marion (Bragg) Dump...............  Marion...................
IN........................  Neal's Landfill (Bloomington).....  Bloomington..............
IN........................  Ninth Avenue Dump.................  Gary.....................  C
IN........................  Northside Sanitary Landfill, Inc..  Zionsville...............  C
IN........................  Prestolite Battery Division.......  Vincennes................
IN........................  Reilly Tar & Chemical               Indianapolis.............
                             (Indianapolis Plant).
IN........................  Seymour Recycling Corp............  Seymour..................  C,S
IN........................  Tippecanoe Sanitary Landfill, Inc.  Lafayette................
IN........................  Waste, Inc., Landfill.............  Michigan City............
IN........................  Wayne Waste Oil...................  Columbia City............  C
KS........................  57th and North Broadway Streets     Wichita Heights..........
                             Site.
KS........................  Ace Services......................  Colby....................
KS........................  Chemical Commodities, Inc.........  Olathe...................
KS........................  Cherokee County...................  Cherokee County..........
KS........................  Doepke Disposal (Holliday)........  Johnson County...........
KS........................  Obee Road.........................  Hutchinson...............

[[Page 211]]

 
KS........................  Pester Refinery Co................  El Dorado................
KS........................  Strother Field Industrial Park....  Cowley County............
KS........................  Wright Ground Water Contamination.  Wright...................
KY........................  Airco.............................  Calvert City.............
KY........................  B.F. Goodrich.....................  Calvert City.............
KY........................  Brantley Landfill.................  Island...................
KY........................  Caldwell Lace Leather Co., Inc....  Auburn...................  C
KY........................  Distler Brickyard.................  West Point...............  C
KY........................  Distler Farm......................  Jefferson County.........  C
KY........................  Fort Hartford Coal Co. Stone        Olaton...................
                             Quarry.
KY........................  Green River Disposal, Inc.........  Maceo....................
KY........................  Maxey Flats Nuclear Disposal......  Hillsboro................
KY........................  National Electric Coil/Cooper       Dayhoit..................
                             Industries.
KY........................  National Southwire Aluminum Co....  Hawesville...............
KY........................  Smith's Farm......................  Brooks...................
KY........................  Tri-City Disposal Co..............  Shepherdsville...........  C
LA........................  Agriculture Street Landfill.......  New Orleans..............  P
LA........................  American Creosote Works, Inc        Winnfield................
                             (Winnfield).
LA........................  Bayou Bonfouca....................  Slidell..................
LA........................  Central Wood Preserving Co........  Slaughter................
LA........................  Combustion, Inc...................  Denham Springs...........
LA........................  Madisonville Creosote Works.......  Madisonville.............
LA........................  Marion Pressure Treating..........  Marion...................
LA........................  Old Inger Oil Refinery............  Darrow...................  S
LA........................  Petro-Processors of Louisiana Inc.  Scotlandville............
LA........................  Ruston Foundry....................  Alexandria...............
MA........................  Atlas Tack Corp...................  Fairhaven................
MA........................  Baird & McGuire...................  Holbrook.................
MA........................  Blackburn & Union Privileges......  Walpole..................
MA........................  Cannon Engineering Corp. (CEC)....  Bridgewater..............  C
MA........................  Charles-George Reclamation          Tyngsborough.............
                             Landfill.
MA........................  Groveland Wells...................  Groveland................
MA........................  Hatheway and Patterson Company....  Mansfield................
MA........................  Haverhill Municipal Landfill......  Haverhill................
MA........................  Hocomonco Pond....................  Westborough..............
MA........................  Industri-Plex.....................  Woburn...................
MA........................  Iron Horse Park...................  Billerica................
MA........................  New Bedford Site..................  New Bedford..............  S
MA........................  Norwood PCBs......................  Norwood..................
MA........................  Nuclear Metals, Inc...............  Concord..................
MA........................  Nyanza Chemical Waste Dump........  Ashland..................
MA........................  Olin Chemical.....................  Wilmington...............
MA........................  PSC Resources.....................  Palmer...................
MA........................  Re-Solve, Inc.....................  Dartmouth................
MA........................  Rose Disposal Pit.................  Lanesboro................  C
MA........................  Shpack Landfill...................  Norton/Attleboro.........
MA........................  Silresim Chemical Corp............  Lowell...................
MA........................  Sullivan's Ledge..................  New Bedford..............
MA........................  Sutton Brook Disposal Area........  Tewksbury................
MA........................  W.R. Grace & Co Inc (Acton Plant).  Acton....................
MA........................  Wells G&H.........................  Woburn...................
MD........................  Bush Valley Landfill..............  Abingdon.................
MD........................  Central Chemical..................  Hagerstown...............
MD........................  Kane & Lombard Street Drums.......  Baltimore................
MD........................  Limestone Road....................  Cumberland...............
MD........................  Ordnance Products, Inc............  Cecil County.............
MD........................  Sand, Gravel & Stone..............  Elkton...................
MD........................  Spectron, Inc.....................  Elkton...................
MD........................  Woodlawn County Landfill..........  Woodlawn.................
ME........................  Callahan Mine.....................  Brooksville..............
ME........................  Eastern Surplus...................  Meddybemps...............
ME........................  Eastland Woolen Mill..............  Corinna..................
ME........................  McKin Co..........................  Gray.....................  C
ME........................  O'Connor Co.......................  Augusta..................
ME........................  Saco Municipal Landfill...........  Saco.....................
ME........................  Union Chemical Co., Inc...........  South Hope...............
ME........................  West Site/Hows Corners............  Plymouth.................
ME........................  Winthrop Landfill.................  Winthrop.................
MI........................  Adam's Plating....................  Lansing..................  C
MI........................  Aircraft Components (D & L Sales).  Benton Harbor............  A
MI........................  Albion-Sheridan Township Landfill.  Albion...................
MI........................  Allied Paper/Portage Ck/Kalamazoo   Kalamazoo................
                             River.

[[Page 212]]

 
MI........................  American Anodco, Inc..............  Ionia....................  C
MI........................  Auto Ion Chemicals, Inc...........  Kalamazoo................  C
MI........................  Avenue ``E'' Ground Water           Traverse City............
                             Contamination.
MI........................  Barrels, Inc......................  Lansing..................
MI........................  Bendix Corp./Allied Automotive....  St. Joseph...............
MI........................  Bofors Nobel, Inc.................  Muskegon.................
MI........................  Burrows Sanitation................  Hartford.................  C
MI........................  Butterworth 2 Landfill...  Grand Rapids.............
MI........................  Cannelton Industries, Inc.........  Saulte Saint Marie.......
MI........................  Chem Central......................  Wyoming Township.........  C
MI........................  Clare Water Supply................  Clare....................
MI........................  Duell & Gardner Landfill..........  Dalton Township..........
MI........................  Electrovoice......................  Buchanan.................
MI........................  Forest Waste Products.............  Otisville................
MI........................  G&H Landfill......................  Utica....................
MI........................  Grand Traverse Overall Supply Co..  Greilickville............  C
MI........................  Gratiot County Landfill...........  St. Louis................  C,S
MI........................  H. Brown Co., Inc.................  Grand Rapids.............
MI........................  Hedblum Industries................  Oscoda...................  C
MI........................  Hi-Mill Manufacturing Co..........  Highland.................  C
MI........................  Ionia City Landfill...............  Ionia....................
MI........................  J & L Landfill....................  Rochester Hills..........
MI........................  K&L Avenue Landfill...............  Oshtemo Township.........
MI........................  Kaydon Corp.......................  Muskegon.................
MI........................  Kentwood Landfill.................  Kentwood.................  C
MI........................  Kysor Industrial Corp.............  Cadillac.................  C
MI........................  Liquid Disposal, Inc..............  Utica....................
MI........................  McGraw Edison Corp................  Albion...................
MI........................  Metamora Landfill.................  Metamora.................
MI........................  Michigan Disposal (Cork Street      Kalamazoo................
                             Landfill).
MI........................  Muskegon Chemical Co..............  Whitehall................
MI........................  North Bronson Industrial Area.....  Bronson..................
MI........................  Northernaire Plating..............  Cadillac.................  C
MI........................  Organic Chemicals, Inc............  Grandville...............
MI........................  Ott/Story/Cordova Chemical Co.....  Dalton Township..........
MI........................  Packaging Corp. of America........  Filer City...............
MI........................  Parsons Chemical Works, Inc.......  Grand Ledge..............
MI........................  Peerless Plating Co...............  Muskegon.................
MI........................  Petoskey Municipal Well Field.....  Petoskey.................
MI........................  Rasmussen's Dump..................  Green Oak Township.......  C
MI........................  Rockwell International Corp.        Allegan..................
                             (Allegan).
MI........................  Rose Township Dump................  Rose Township............  C
MI........................  Roto-Finish Co., Inc..............  Kalamazoo................
MI........................  SCA Independent Landfill..........  Muskegon Heights.........
MI........................  Shiawassee River..................  Howell...................
MI........................  South Macomb Disposal (Landfills 9  Macomb Township..........
                             & 9A).
MI........................  Southwest Ottawa County Landfill..  Park Township............  C
MI........................  Sparta Landfill...................  Sparta Township..........
MI........................  Spartan Chemical Co...............  Wyoming..................
MI........................  Spiegelberg Landfill..............  Green Oak Township.......  C
MI........................  Springfield Township Dump.........  Davisburg................
MI........................  State Disposal Landfill, Inc......  Grand Rapids.............
MI........................  Sturgis Municipal Wells...........  Sturgis..................
MI........................  Tar Lake..........................  Antrim...................  P
MI........................  Thermo-Chem, Inc..................  Muskegon.................
MI........................  Torch Lake........................  Houghton.................  P
MI........................  U.S. Aviex........................  Howard Township..........  C
MI........................  Velsicol Chemical Corp. (Michigan)  St. Louis................  C
MI........................  Verona Well Field.................  Battle Creek.............
MI........................  Wash King Laundry.................  Pleasant Plains Twp......
MI........................  Waste Management of Michigan        Holland..................
                             (Holland).
MN........................  Arrowhead Refinery Co.............  Hermantown...............  C
MN........................  Baytown Township Ground Water       Baytown Township.........
                             Plume.
MN........................  Burlington Northern (Brainerd/      Brainerd/Baxter..........  C
                             Baxter).
MN........................  FMC Corp. (Fridley Plant).........  Fridley..................  C
MN........................  Freeway Sanitary Landfill.........  Burnsville...............
MN........................  Fridley Commons Park Well Field...  Fridley..................
MN........................  General Mills/Henkel Corp.........  Minneapolis..............  C
MN........................  Joslyn Manufacturing and Supply Co  Brooklyn Center..........  P
MN........................  Koppers Coke......................  St. Paul.................
MN........................  Kurt Manufacturing Co.............  Fridley..................  C
MN........................  Lehillier/Mankato Site............  Lehillier/Mankato........  C

[[Page 213]]

 
MN........................  Long Prairie Ground Water           Long Prairie.............
                             Contamination.
MN........................  MacGillis & Gibbs/Bell Lumber &     New Brighton.............
                             Pole C.
MN........................  Nutting Truck & Caster Co.........  Faribault................  C
MN........................  Oakdale Dump......................  Oakdale..................  C
MN........................  Perham Arsenic Site...............  Perham...................
MN........................  Reilly Tar&Chem (St. Louis Park     St. Louis Park...........  S
                             Plant).
MN........................  Ritari Post & Pole................  Sebeka...................
MN........................  St. Louis River Site..............  St. Louis County.........
MN........................  St. Regis Paper Co................  Cass Lake................
MN........................  Waite Park Wells..................  Waite Park...............
MO........................  Annapolis Lead Mine...............  Annapolis................
MO........................  Armour Road.......................  North Kansas City........
MO........................  Bee Cee Manufacturing Co..........  Malden...................
MO........................  Big River Mine Tailings/St. Joe     Desloge..................
                             Minerals.
MO........................  Conservation Chemical Co..........  Kansas City..............  C
MO........................  Ellisville Site...................  Ellisville...............  S
MO........................  Fulbright Landfill................  Springfield..............  C
MO........................  Lee Chemical......................  Liberty..................  C
MO........................  Madison County Mines..............  Fredericktown............
MO........................  Minker/Stout/Romaine Creek........  Imperial.................
MO........................  Missouri Electric Works...........  Cape Girardeau...........
MO........................  Newton County Mine Tailings.......  Newton County............
MO........................  Newton County Wells...............  Newton County............
MO........................  Oak Grove Village Well............  Oak Grove Village........
MO........................  Oronogo-Duenweg Mining Belt.......  Jasper County............
MO........................  Pools Prairie.....................  Neosho...................
MO........................  Quality Plating...................  Sikeston.................
MO........................  Riverfront........................  New Haven................
MO........................  Solid State Circuits, Inc.........  Republic.................  C
MO........................  St. Louis Airport/HIS/Futura        St. Louis County.........
                             Coatings Co.
MO........................  Syntex Facility...................  Verona...................
MO........................  Valley Park TCE...................  Valley Park..............
MO........................  Westlake Landfill.................  Bridgeton................
MS........................  American Creosote Works, Inc......  Louisville...............
MS........................  Davis Timber Company..............  Hattiesburg..............
MS........................  Picayune Wood Treating............  Picayune.................
MT........................  Anaconda Co. Smelter..............  Anaconda.................
MT........................  Barker Hughesville Mining District  Barker...................
MT........................  Basin Mining Area.................  Basin....................
MT........................  Carpenter Snow Creek Mining         Neihart..................
                             District.
MT........................  East Helena Site..................  East Helena..............
MT........................  Idaho Pole Co.....................  Bozeman..................
MT........................  Libby Asbestos....................  Libby....................  S
MT........................  Libby Ground Water Contamination..  Libby....................  C
MT........................  Lockwood Solvent Ground Water       Billings.................
                             Plume.
MT........................  Milltown Reservoir Sediments......  Milltown.................
MT........................  Montana Pole and Treating.........  Butte....................
MT........................  Mouat Industries..................  Columbus.................  C
MT........................  Silver Bow Creek/Butte Area.......  Sil Bow/Deer Lodge.......
MT........................  Upper Tenmile Creek Mining Area...  Lewis and Clark..........
NC........................  ABC One Hour Cleaners.............  Jacksonville.............
NC........................  Aberdeen Pesticide Dumps..........  Aberdeen.................
NC........................  Barber Orchard....................  Waynesville..............
NC........................  Benfield Industries, Inc..........  Hazelwood................
NC........................  Blue Ridge Plating................  Arden....................
NC........................  Bypass 601 Ground Water             Concord..................  P
                             Contamination.
NC........................  Cape Fear Wood Preserving.........  Fayetteville.............
NC........................  Carolina Transformer Co...........  Fayetteville.............
NC........................  Celanese Corp. (Shelby Fiber        Shelby/Cleveland.........  P
                             Operations).
NC........................  Charles Macon Lagoon & Drum         Cordova..................  C
                             Storage.
NC........................  Chemtronics, Inc..................  Swannanoa................  C
NC........................  Davis Park Road TCE...............  Gastonia.................
NC........................  FCX, Inc. (Statesville Plant).....  Statesville..............
NC........................  FCX, Inc. (Washington Plant)......  Washington...............
NC........................  Geigy Chemical Corp. (Aberdeen      Aberdeen.................
                             Plant).
NC........................  General Electric Co/Shepherd Farm.  East Flat Rock...........  P
NC........................  JFD Electronics/Channel Master....  Oxford...................
NC........................  Jadco-Hughes Facility.............  Belmont..................  C
NC........................  Koppers Co., Inc. (Morrisville      Morrisville..............  P
                             Plant).
NC........................  Martin-Marietta, Sodyeco, Inc.....  Charlotte................
NC........................  NC State University (Lot 86,Farm    Raleigh..................
                             Unit 1).
NC........................  National Starch & Chemical Corp...  Salisbury................

[[Page 214]]

 
NC........................  New Hanover Cnty Airport Burn Pit.  Wilmington...............
NC........................  North Belmont PCE.................  North Belmont............
NC........................  Potter's Septic Tank Service Pits.  Maco.....................
NC........................  Ram Leather Care..................  Charlotte................
NC........................  Reasor Chemical Company...........  Castle Hayne.............
NC........................  Sigmon's Septic Tank..............  Statesville..............
NC........................  Ward Transformer..................  Raleigh..................
NE........................  10th Street Site..................  Columbus.................
NE........................  Bruno Co-op Association/Associated  Bruno....................
                             Prop.
NE........................  Cleburn Street Well...............  Grand Island.............
NE........................  Garvey Elevator...................  Hastings.................
NE........................  Hastings Ground Water               Hastings.................
                             Contamination.
NE........................  Lindsay Manufacturing Co..........  Lindsay..................  C
NE........................  Nebraska Ordnance Plant (Former)..  Mead.....................
NE........................  Ogallala Ground Water               Ogallala.................
                             Contamination.
NE........................  Omaha Lead........................  Omaha....................
NE........................  Parkview Well.....................  Grand Island.............
NE........................  Sherwood Medical Co...............  Norfolk..................
NE........................  Waverly Ground Water Contamination  Waverly..................  C
NE........................  West Highway 6 & Highway 281......  Hastings.................
NH........................  Auburn Road Landfill..............  Londonderry..............
NH........................  Beede Waste Oil...................  Plaistow.................
NH........................  Chlor-Alkali Facility (Former)....  Berlin...................
NH........................  Coakley Landfill..................  North Hampton............
NH........................  Dover Municipal Landfill..........  Dover....................
NH........................  Fletcher's Paint Works & Storage..  Milford..................
NH........................  Kearsarge Metallurgical Corp......  Conway...................  C
NH........................  Keefe Environmental Services......  Epping...................  C
NH........................  Mottolo Pig Farm..................  Raymond..................  C
NH........................  New Hampshire Plating Co..........  Merrimack................
NH........................  Ottati & Goss/Kingston Steel Drum.  Kingston.................
NH........................  Savage Municipal Water Supply.....  Milford..................
NH........................  Somersworth Sanitary Landfill.....  Somersworth..............
NH........................  South Municipal Water Supply Well.  Peterborough.............  C
NH........................  Sylvester.........................  Nashua...................  C,S
NH........................  Tibbetts Road.....................  Barrington...............
NH........................  Tinkham Garage....................  Londonderry..............  C
NH........................  Town Garage/Radio Beacon..........  Londonderry..............  C
NH........................  Troy Mills Landfill...............  Troy.....................
NJ........................  A. O. Polymer.....................  Sparta/Sussex............  P
NJ........................  American Cyanamid Co..............  Bound Brook..............  P
NJ........................  Asbestos Dump.....................  Millington...............  P
NJ........................  Atlantic Resources Corporation....  Sayreville...............
NJ........................  Bog Creek Farm....................  Howell Township..........  C
NJ........................  Brick Township Landfill...........  Brick Township...........
NJ........................  Bridgeport Rental & Oil Services..  Bridgeport...............
NJ........................  Brook Industrial Park.............  Bound Brook..............
NJ........................  Burnt Fly Bog.....................  Marlboro Township........
NJ........................  CPS/Madison Industries............  Old Bridge Township......
NJ........................  Caldwell Trucking Co..............  Fairfield................
NJ........................  Chemical Control..................  Elizabeth................  C
NJ........................  Chemical Insecticide Corp.........  Edison Township..........
NJ........................  Chemical Leaman Tank Lines, Inc...  Bridgeport...............
NJ........................  Chemsol, Inc......................  Piscataway...............
NJ........................  Ciba-Geigy Corp...................  Toms River...............
NJ........................  Cinnaminson Ground Water            Cinnaminson Township.....
                             Contamination.
NJ........................  Combe Fill South Landfill.........  Chester Township.........
NJ........................  Cornell Dubilier Electronics Inc..  South Plainfield.........
NJ........................  Cosden Chemical Coatings Corp.....  Beverly..................
NJ........................  Crown Vantage Landfill............  Alexandria Township......
NJ........................  Curcio Scrap Metal, Inc...........  Saddle Brook Township....
NJ........................  D'Imperio Property................  Hamilton Township........
NJ........................  Dayco Corp./L.E Carpenter Co......  Wharton Borough..........
NJ........................  De Rewal Chemical Co..............  Kingwood Township........
NJ........................  Delilah Road......................  Egg Harbor Township......
NJ........................  Diamond Alkali Co.................  Newark...................
NJ........................  Diamond Head Oil Refinery Div.....  Kearny...................
NJ........................  Dover Municipal Well 4............  Dover Township...........
NJ........................  Ellis Property....................  Evesham Township.........
NJ........................  Emmell's Septic Landfill..........  Galloway Township........
NJ........................  Evor Phillips Leasing.............  Old Bridge Township......
NJ........................  Ewan Property.....................  Shamong Township.........

[[Page 215]]

 
NJ........................  Fair Lawn Well Field..............  Fair Lawn................
NJ........................  Federal Creosote..................  Manville Borough.........
NJ........................  Franklin Burn.....................  Franklin Township........
NJ........................  Fried Industries..................  East Brunswick Township..
NJ........................  GEMS Landfill.....................  Gloucester Township......
NJ........................  Garden State Cleaners Co..........  Minotola.................
NJ........................  Glen Ridge Radium Site............  Glen Ridge...............
NJ........................  Global Sanitary Landfill..........  Old Bridge Township......
NJ........................  Goose Farm........................  Plumstead Township.......  C
NJ........................  Grand Street Mercury..............  Hoboken..................  A
NJ........................  Helen Kramer Landfill.............  Mantua Township..........  C
NJ........................  Hercules, Inc. (Gibbstown Plant)..  Gibbstown................
NJ........................  Higgins Disposal..................  Kingston.................
NJ........................  Higgins Farm......................  Franklin Township........
NJ........................  Horseshoe Road....................  Sayreville...............
NJ........................  Iceland Coin Laundry Area Ground    Vineland.................
                             Water Plume.
NJ........................  Imperial Oil Co., Inc./Champion     Morganville..............
                             Chemicals.
NJ........................  JIS Landfill......................  Jamesburg/S. Brnswck.....
NJ........................  Kauffman & Minteer, Inc...........  Jobstown.................
NJ........................  Kin-Buc Landfill..................  Edison Township..........
NJ........................  King of Prussia...................  Winslow Township.........  C
NJ........................  LCP Chemicals Inc.................  Linden...................
NJ........................  Landfill & Development Co.........  Mount Holly..............
NJ........................  Lang Property.....................  Pemberton Township.......  C
NJ........................  Lightman Drum Company.............  Winslow Township.........
NJ........................  Lipari Landfill...................  Pitman...................
NJ........................  Lone Pine Landfill................  Freehold Township........  C
NJ........................  Mannheim Avenue Dump..............  Galloway Township........  C
NJ........................  Martin Aaron, Inc.................  Camden...................
NJ........................  Maywood Chemical Co...............  Maywood/Rochelle Park....
NJ........................  Metaltec/Aerosystems..............  Franklin Borough.........
NJ........................  Monitor Devices/Intercircuits Inc.  Wall Township............
NJ........................  Montclair/West Orange Radium Site.  Montclair/W Orange.......
NJ........................  Montgomery Township Housing         Montgomery Township......
                             Development.
NJ........................  Myers Property....................  Franklin Township........
NJ........................  NL Industries.....................  Pedricktown..............
NJ........................  Nascolite Corp....................  Millville................
NJ........................  PJP Landfill......................  Jersey City..............
NJ........................  Pohatcong Valley Ground Water       Warren County............
                             Contaminat.
NJ........................  Price Landfill....................  Pleasantville............  S
NJ........................  Puchack Well Field................  Pennsauken Township......
NJ........................  Quanta Resources..................  Edgewater................
NJ........................  Radiation Technology, Inc.........  Rockaway Township........
NJ........................  Reich Farms.......................  Pleasant Plains..........
NJ........................  Rockaway Borough Well Field.......  Rockaway Township........
NJ........................  Rockaway Township Wells...........  Rockaway.................
NJ........................  Rocky Hill Municipal Well.........  Rocky Hill Borough.......
NJ........................  Roebling Steel Co.................  Florence.................
NJ........................  Rolling Knolls Landfill...........  Chatham Township.........
NJ........................  Sayreville Landfill...............  Sayreville...............
NJ........................  Scientific Chemical Processing....  Carlstadt................
NJ........................  Sharkey Landfill..................  Parsippany/Troy Hls......
NJ........................  Shieldalloy Corp..................  Newfield Borough.........
NJ........................  South Jersey Clothing Co..........  Minotola.................
NJ........................  Swope Oil & Chemical Co...........  Pennsauken...............
NJ........................  Syncon Resins.....................  South Kearny.............
NJ........................  Tabernacle Drum Dump..............  Tabernacle Township......  C
NJ........................  U.S. Radium Corp..................  Orange...................  P
NJ........................  United States Avenue Burn.........  Gibbsboro................
NJ........................  Universal Oil Products (Chemical    East Rutherford..........
                             Division.
NJ........................  Ventron/Velsicol..................  Wood Ridge Borough.......
NJ........................  Vineland Chemical Co., Inc........  Vineland.................
NJ........................  Waldick Aerospace Devices, Inc....  Wall Township............
NJ........................  Welsbach & General Gas Mantle       Camden and Gloucester
                             (Camden).                           City.
NJ........................  White Chemical Corp...............  Newark...................  A
NJ........................  White Swan Cleaners/Sun Cleaners    Wall Township............
                             Area Ground Water Contamination.
NJ........................  Williams Property.................  Swainton.................  C
NJ........................  Wilson Farm.......................  Plumstead Township.......  C
NJ........................  Woodbrook Road Dump...............  South Plainfield.........
NJ........................  Woodland Route 532 Dump...........  Woodland Township........
NJ........................  Woodland Route 72 Dump............  Woodland Township........

[[Page 216]]

 
NJ........................  Zschiegner Refining...............  Howell Township..........
NM........................  AT&SF (Albuquerque)...............  Albuquerque..............
NM........................  Cimarron Mining Corp..............  Carrizozo................  P
NM........................  Fruit Avenue Plume................  Albuquerque..............
NM........................  Grants Chlorinated Solvents Plume.  Grants...................
NM........................  Griggs & Walnut Ground Water Plume  Las Cruces...............
NM........................  Homestake Mining Co...............  Milan....................  C
NM........................  McGaffey and Main Groundwater       Roswell..................
                             Plume.
NM........................  North Railroad Avenue Plume.......  Espanola.................
NM........................  Prewitt Abandoned Refinery........  Prewitt..................  P
NM........................  South Valley......................  Albuquerque..............  C, S
NM........................  United Nuclear Corp...............  Church Rock..............
NV........................  Carson River Mercury Site.........  Lyon/Churchill Cnty......
NY........................  American Thermostat Co............  South Cairo..............
NY........................  Applied Environmental Services....  Glenwood Landing.........  C
NY........................  Brewster Well Field...............  Putnam County............
NY........................  Byron Barrel & Drum...............  Byron....................
NY........................  Carroll & Dubies Sewage Disposal..  Port Jervis..............
NY........................  Cayuga County Ground Water          Cayuga County............
                             Contamination.
NY........................  Circuitron Corp...................  East Farmingdale.........
NY........................  Claremont Polychemical............  Old Bethpage.............
NY........................  Colesville Municipal Landfill.....  Town of Colesville.......
NY........................  Computer Circuits.................  Hauppauge................
NY........................  Consolidated Iron and Metal.......  Newburgh.................
NY........................  Cortese Landfill..................  Village of Narrowsburg...
NY........................  Crown Cleaners of Watertown, Inc..  Carthage.................
NY........................  Diaz Chemical Corporation.........  Holley...................
NY........................  Ellenville Scrap Iron and Metal...  Ellenville...............
NY........................  Endicott Village Well Field.......  Village of Endicott......
NY........................  FMC Corp. (Dublin Road Landfill)..  Town of Shelby...........
NY........................  Facet Enterprises, Inc............  Elmira...................
NY........................  Forest Glen Mobile Home             Niagara Falls............  A
                             Subdivision.
NY........................  Fulton Avenue.....................  North Hempstead..........
NY........................  Fulton Terminals..................  Fulton...................
NY........................  GCL Tie & Treating Inc............  Village of Sidney........
NY........................  GE Moreau.........................  South Glen Falls.........
NY........................  General Motors (Central Foundry     Massena..................
                             Division).
NY........................  Genzale Plating Co................  Franklin Square..........
NY........................  Goldisc Recordings, Inc...........  Holbrook.................
NY........................  Haviland Complex..................  Town of Hyde Park........
NY........................  Hertel Landfill...................  Plattekill...............
NY........................  Hiteman Leather...................  West Winfield............
NY........................  Hooker (Hyde Park)................  Niagara Falls............
NY........................  Hooker (S Area)...................  Niagara Falls............
NY........................  Hooker Chemical/Ruco Polymer Corp.  Hicksville...............
NY........................  Hopewell Precision Area             Hopewell Junction........
                             Contamination.
NY........................  Hudson River PCBs.................  Hudson River.............
NY........................  Islip Municipal Sanitary Landfill.  Islip....................
NY........................  Jackson Steel.....................  Mineola/North Hempstead..
NY........................  Johnstown City Landfill...........  Town of Johnstown........
NY........................  Jones Chemicals, Inc..............  Caledonia................
NY........................  Kentucky Avenue Well Field........  Horseheads...............
NY........................  Lawrence Aviation Industries, Inc.  Port Jefferson Station...
NY........................  Lehigh Valley Railroad............  Le Roy...................
NY........................  Li Tungsten Corp..................  Glen Cove................
NY........................  Liberty Industrial Finishing......  Farmingdale..............
NY........................  Little Valley.....................  Little Valley............  A
NY........................  Ludlow Sand & Gravel..............  Clayville................
NY........................  MacKenzie Chemical Works, Inc.....  Central Islip............
NY........................  Malta Rocket Fuel Area............  Malta....................
NY........................  Mattiace Petrochemical Co., Inc...  Glen Cove................
NY........................  Mercury Refining, Inc.............  Colonie..................
NY........................  Mohonk Road Industrial Plant......  High Falls...............
NY........................  Nepera Chemical Co., Inc..........  Maybrook.................
NY........................  Niagara Mohawk Power Co (Saratoga   Saratoga Springs.........
                             Spings).
NY........................  Old Bethpage Landfill.............  Oyster Bay...............  C
NY........................  Old Roosevelt Field Contaminated    Garden City..............
                             Ground Water Area.
NY........................  Olean Well Field..................  Olean....................
NY........................  Onondaga Lake.....................  Syracuse.................
NY........................  Pasley Solvents & Chemicals, Inc..  Hempstead................
NY........................  Peninsula Boulevard Ground Water    Hewlett..................
                             Plume.
NY........................  Peter Cooper......................  Gowanda..................

[[Page 217]]

 
NY........................  Peter Cooper Corporation            Winslow Township.........
                             (Markhams).
NY........................  Pfohl Brothers Landfill...........  Cheektowaga..............
NY........................  Pollution Abatement Services......  Oswego...................  S
NY........................  Port Washington Landfill..........  Port Washington..........
NY........................  Preferred Plating Corp............  Farmingdale..............
NY........................  Ramapo Landfill...................  Ramapo...................
NY........................  Richardson Hill Road Landfill/Pond  Sidney Center............
NY........................  Robintech, Inc./National Pipe Co..  Town of Vestal...........
NY........................  Rosen Brothers Scrap Yard/Dump....  Cortland.................
NY........................  Rowe Industries Gnd Water           Noyack/Sag Harbor........
                             Contamination.
NY........................  SMS Instruments, Inc..............  Deer Park................  C
NY........................  Sarney Farm.......................  Amenia...................
NY........................  Sealand Restoration, Inc..........  Lisbon...................
NY........................  Shenandoah Road Ground Water        East Fishkill............
                             Contamination.
NY........................  Sidney Landfill...................  Sidney...................
NY........................  Sinclair Refinery.................  Wellsville...............
NY........................  Smithtown Ground Water              Smithtown................
                             Contamination.
NY........................  Solvent Savers....................  Lincklaen................
NY........................  Stanton Cleaners Area Ground Water  Great Neck...............
                             Contamination.
NY........................  Tri-Cities Barrel Co., Inc........  Port Crane...............
NY........................  Vestal Water Supply Well 1-1......  Vestal...................
NY........................  Volney Municipal Landfill.........  Town of Volney...........
NY........................  York Oil Co.......................  Moira....................
OH........................  Allied Chemical & Ironton Coke....  Ironton..................
OH........................  Big D Campground..................  Kingsville...............  C
OH........................  Buckeye Reclamation...............  St. Clairsville..........
OH........................  Chem-Dyne.........................  Hamilton.................  C,S
OH........................  Copley Square Plaza...............  Copley...................
OH........................  E.H. Schilling Landfill...........  Hamilton Township........  C
OH........................  Fields Brook......................  Ashtabula................
OH........................  Fultz Landfill....................  Jackson Township.........
OH........................  Industrial Excess Landfill........  Uniontown................
OH........................  Lammers Barrel....................  Beavercreek..............
OH........................  Miami County Incinerator..........  Troy.....................  C
OH........................  Nease Chemical....................  Salem....................
OH........................  New Lyme Landfill.................  New Lyme.................  C
OH........................  North Sanitary Landfill...........  Dayton...................
OH........................  Old Mill..........................  Rock Creek...............  C
OH........................  Ormet Corp........................  Hannibal.................
OH........................  Powell Road Landfill..............  Dayton...................
OH........................  Pristine, Inc.....................  Reading..................
OH........................  Reilly Tar & Chemical (Dover        Dover....................
                             Plant).
OH........................  Sanitary Landfill Co. (Industrial   Dayton...................
                             Waste).
OH........................  Skinner Landfill..................  West Chester.............
OH........................  South Point Plant.................  South Point..............
OH........................  Summit National...................  Deerfield Township.......  C
OH........................  TRW, Inc. (Minerva Plant).........  Minerva..................  C
OH........................  United Scrap Lead Co., Inc........  Troy.....................
OH........................  Van Dale Junkyard.................  Marietta.................
OH........................  Zanesville Well Field.............  Zanesville...............  C
OK........................  Double Eagle Refinery Co..........  Oklahoma City............
OK........................  Fourth Street Abandoned Refinery..  Oklahoma City............  C
OK........................  Hardage/Criner....................  Criner...................
OK........................  Hudson Refinery...................  Cushing..................
OK........................  Imperial Refining Company.........  Ardmore..................
OK........................  Mosley Road Sanitary Landfill.....  Oklahoma City............
OK........................  Oklahoma Refining Co..............  Cyril....................
OK........................  Tar Creek (Ottawa County).........  Ottawa County............
OK........................  Tulsa Fuel and Manufacturing......  Collinsville.............
OR........................  Harbor Oil........................  Portland.................
OR........................  McCormick & Baxter Creos. Co        Portland.................
                             (Portland).
OR........................  Northwest Pipe & Casing/Hall        Clackamas................
                             Process Company.
OR........................  Portland Harbor...................  Portland.................
OR........................  Reynolds Metals Company...........  Troutdale................
OR........................  Taylor Lumber and Treating........  Sheridan.................
OR........................  Teledyne Wah Chang................  Albany...................
OR........................  Union Pacific Railroad Tie          The Dalles...............
                             Treatment.
OR........................  United Chrome Products, Inc.......  Corvallis................  C
PA........................  A.I.W. Frank/Mid-County Mustang...  Exton....................
PA........................  Avco Lycoming (Williamsport         Williamsport.............
                             Division).
PA........................  Bally Ground Water Contamination..  Bally Borough............
PA........................  Bell Landfill.....................  Terry Township...........

[[Page 218]]

 
PA........................  Bendix Flight Systems Division....  Bridgewater Township.....  C
PA........................  Berkley Products Co. Dump.........  Denver...................
PA........................  Berks Landfill....................  Spring Township..........
PA........................  Berks Sand Pit....................  Longswamp Township.......  C
PA........................  Blosenski Landfill................  West Caln Township.......
PA........................  Boarhead Farms....................  Bridgeton Township.......
PA........................  Breslube-Penn, Inc................  Coraopolis...............
PA........................  Brown's Battery Breaking..........  Shoemakersville..........
PA........................  Butler Mine Tunnel................  Pittston.................
PA........................  Butz Landfill.....................  Stroudsburg..............
PA........................  C & D Recycling...................  Foster Township..........
PA........................  Centre County Kepone..............  State College Borough....  P
PA........................  Commodore Semiconductor Group.....  Lower Providence Township
PA........................  Craig Farm Drum...................  Parker...................  C
PA........................  Crater Resources/Keystone Coke/     Upper Merion Township....
                             Alan Wood.
PA........................  Crossley Farm.....................  Hereford Township........
PA........................  Croydon TCE.......................  Croydon..................
PA........................  CryoChem, Inc.....................  Worman...................
PA........................  Delta Quarries & Disp./Stotler      Antis/Logan Twps.........  C
                             Landfill.
PA........................  Dorney Road Landfill..............  Upper Macungie Township..
PA........................  Douglassville Disposal............  Douglassville............
PA........................  Drake Chemical....................  Lock Haven...............
PA........................  Dublin TCE Site...................  Dublin Borough...........
PA........................  East Mount Zion...................  Springettsbury Township..
PA........................  Eastern Diversified Metals........  Hometown.................
PA........................  Elizabethtown Landfill............  Elizabethtown............
PA........................  Fischer & Porter Co...............  Warminster...............
PA........................  Foote Mineral Co..................  East Whiteland Township..
PA........................  Franklin Slag Pile (MDC)..........  Philadelphia.............
PA........................  Havertown PCP.....................  Haverford................
PA........................  Heleva Landfill...................  North Whitehall Township.
PA........................  Hellertown Manufacturing Co.......  Hellertown...............  C
PA........................  Henderson Road....................  Upper Merion Township....  C
PA........................  Hunterstown Road..................  Straban Township.........
PA........................  Industrial Lane...................  Williams Township........
PA........................  Jacks Creek/Sitkin Smelting and     Maitland.................
                             Refinery.
PA........................  Jackson Ceramix...................  Falls Creek..............
PA........................  Keystone Sanitation Landfill......  Union Township...........
PA........................  Kimberton Site....................  Kimberton Borough........  C
PA........................  Lindane Dump......................  Harrison Township........
PA........................  Lord-Shope Landfill...............  Girard Township..........  C
PA........................  Lower Darby Creek Area............  Delaware/Philadelphia
                                                                 Counties..
PA........................  MW Manufacturing..................  Valley Township..........
PA........................  Malvern TCE.......................  Malvern..................
PA........................  Metal Banks.......................  Philadelphia.............
PA........................  Mill Creek Dump...................  Erie.....................
PA........................  Modern Sanitation Landfill........  Lower Windsor Township...
PA........................  Moyers Landfill...................  Eagleville...............
PA........................  North Penn--Area 1................  Souderton................
PA........................  North Penn--Area 12...............  Worcester................
PA........................  North Penn--Area 2................  Hatfield.................
PA........................  North Penn--Area 5................  Montgomery Township......
PA........................  North Penn--Area 6................  Lansdale.................
PA........................  North Penn--Area 7................  North Wales..............
PA........................  Novak Sanitary Landfill...........  South Whitehall Township.
PA........................  Occidental Chemical Corp./          Lower Pottsgrove Township
                             Firestone Tire.
PA........................  Ohio River Park...................  Neville Island...........
PA........................  Old City of York Landfill.........  Seven Valleys............  C
PA........................  Old Wilmington Road Ground Water    Sadsburyville............
                             Contamination.
PA........................  Osborne Landfill..................  Grove City...............
PA........................  Palmerton Zinc Pile...............  Palmerton................
PA........................  Paoli Rail Yard...................  Paoli....................
PA........................  Price Battery.....................  Hamburg..................
PA........................  Raymark...........................  Hatboro..................  C
PA........................  Recticon/Allied Steel Corp........  East Coventry Twp........
PA........................  Revere Chemical Co................  Nockamixon Township......
PA........................  Rodale Manufacturing Co., Inc.....  Emmaus Borough...........
PA........................  Ryeland Road Arsenic..............  Heidelberg Township......
PA........................  Saegertown Industrial Area........  Saegertown...............  P
PA........................  Safety Light Corporation..........  Bloomsburg...............
PA........................  Sharon Steel Corp. (Farrell Wks     Hickory Township.........
                             Disp Area).

[[Page 219]]

 
PA........................  Shriver's Corner..................  Straban Township.........
PA........................  Stanley Kessler...................  King of Prussia..........
PA........................  Strasburg Landfill................  Newlin Township..........
PA........................  Tobyhanna Army Depot..............  Tobyhanna................  P
PA........................  Tonolli Corp......................  Nesquehoning.............
PA........................  Tysons Dump.......................  Upper Merion Twp.........
PA........................  UGI Columbia Gas Plant............  Columbia.................
PA........................  Valmont TCE.......................  Hazle Township and West
                                                                 Hazleton.
PA........................  Walsh Landfill....................  Honeybrook Township......
PA........................  Watson Johnson Landfill...........  Richland Township........
PA........................  Westinghouse Electronic (Sharon     Sharon...................
                             Plant).
PA........................  Westinghouse Elevator Co. Plant...  Gettysburg...............
PA........................  Whitmoyer Laboratories............  Jackson Township.........
PA........................  William Dick Lagoons..............  West Caln Township.......
PR........................  Barceloneta Landfill..............  Florida Afuera...........
PR........................  Cidra Ground Water Contamination..  Cidra....................
PR........................  Fibers Public Supply Wells........  Jobos....................
PR........................  Juncos Landfill...................  Juncos...................
PR........................  Pesticide Warehouse III...........  Manati...................
PR........................  Scorpio Recycling, Inc............  Candeleria Ward..........
PR........................  Upjohn Facility...................  Barceloneta..............
PR........................  Vega Alta Public Supply Wells.....  Vega Alta................
PR........................  Vega Baja Solid Waste Disposal....  Vega Baja................
RI........................  Central Landfill..................  Johnston.................
RI........................  Centredale Manor Restoration        North Providence.........
                             Project.
RI........................  Davis Liquid Waste................  Smithfield...............
RI........................  Landfill & Resource Recovery, Inc.  North Smithfield.........
                             (L&RR).
RI........................  Peterson/Puritan, Inc.............  Lincoln/Cumberland.......  P
RI........................  Picillo Farm......................  Coventry.................  S
RI........................  Rose Hill Regional Landfill.......  South Kingston...........
RI........................  Stamina Mills, Inc................  North Smithfield.........
RI........................  West Kingston Town Dump/URI         South Kingston...........
                             Disposal.
RI........................  Western Sand & Gravel.............  Burrillville.............  C
SC........................  Aqua-Tech Environmental Inc (Groce  Greer....................
                             Labs).
SC........................  Beaunit Corp. (Circular Knit &      Fountain Inn.............
                             Dye).
SC........................  Brewer Gold Mine..................  Jefferson................
SC........................  Carolawn, Inc.....................  Fort Lawn................
SC........................  Elmore Waste Disposal.............  Greer....................
SC........................  Geiger (C & M Oil)................  Rantoules................
SC........................  Helena Chemical Co Landfill.......  Fairfax..................
SC........................  Kalama Specialty Chemicals........  Beaufort.................
SC........................  Koppers Co., Inc. (Charleston       Charleston...............
                             Plant).
SC........................  Koppers Co., Inc. (Florence Plant)  Florence.................
SC........................  Leonard Chemical Co., Inc.........  Rock Hill................
SC........................  Lexington County Landfill Area....  Cayce....................
SC........................  Macalloy Corporation..............  North Charleston.........
SC........................  Medley Farm Drum Dump.............  Gaffney..................  C
SC........................  Palmetto Wood Preserving..........  Dixiana..................
SC........................  Para-Chem Southern, Inc...........  Simpsonville.............  P
SC........................  Rochester Property................  Travelers Rest...........  C
SC........................  Rock Hill Chemical Co.............  Rock Hill................  C
SC........................  SCRDI Bluff Road..................  Columbia.................  S
SC........................  SCRDI Dixiana.....................  Cayce....................  C
SC........................  Sangamo Weston....................  Pickens..................  P
SC........................  Shuron Inc........................  Barnwell.................
SC........................  Townsend Saw Chain Co.............  Pontiac..................
SC........................  Wamchem, Inc......................  Burton...................
SD........................  Gilt Edge Mine....................  Lead.....................
TN........................  American Creosote Works, (Jackson   Jackson..................
                             Plant).
TN........................  Arlington Blending & Packaging....  Arlington................
TN........................  Carrier Air Conditioning Co.......  Collierville.............  C
TN........................  Mallory Capacitor Co..............  Waynesboro...............  C
TN........................  Murray-Ohio Dump..................  Lawrenceburg.............
TN........................  Ross Metals Inc...................  Rossville................
TN........................  Smalley-Piper.....................  Collierville.............
TN........................  Tennessee Products................  Chattanooga..............  A
TN........................  Velsicol Chemical Corp (Hardeman    Toone....................
                             County).
TN........................  Wrigley Charcoal Plant............  Wrigley..................
TX........................  ALCOA (Point Comfort)/Lavaca Bay..  Point Comfort............
TX........................  Bailey Waste Disposal.............  Bridge City..............
TX........................  Brine Service Company.............  Corpus Christi...........

[[Page 220]]

 
TX........................  Brio Refining, Inc................  Friendswood..............
TX........................  City of Perryton Well No. 2.......  Perryton.................
TX........................  Conroe Creosoting Company.........  Conroe...................
TX........................  Crystal Chemical Co...............  Houston..................
TX........................  Dixie Oil Processors, Inc.........  Friendswood..............  C
TX........................  French, Ltd.......................  Crosby...................  C
TX........................  Garland Creosoting................  Longview.................
TX........................  Geneva Industries/Fuhrmann Energy.  Houston..................  P
TX........................  Gulfco Marine Maintenance.........  Freeport.................
TX........................  Hart Creosoting Company...........  Jasper...................
TX........................  Highlands Acid Pit................  Highlands................  C
TX........................  Jasper Creosoting Company Inc.....  Jasper County............
TX........................  Jones Road Ground Water Plume.....  Harris County............
TX........................  Koppers Co Inc (Texarkana Plant)..  Texarkana................
TX........................  Malone Service Company, Inc.......  Texas City...............
TX........................  Many Diversified Interests, Inc...  Houston..................
TX........................  Motco, Inc........................  La Marque................  S
TX........................  North Cavalcade Street............  Houston..................
TX........................  Odessa Chromium 1........  Odessa...................  C
TX........................  Palmer Barge Line.................  Port Arthur..............
TX........................  Patrick Bayou.....................  Deer Park................
TX........................  Petro-Chemical Systems, (Turtle     Liberty County...........
                             Bayou).
TX........................  RSR Corp..........................  Dallas...................
TX........................  Rockwool Industries Inc...........  Bell County..............
TX........................  Sandy Beach Road Ground Water       Azle.....................
                             Plume.
TX........................  Sheridan Disposal Services........  Hempstead................
TX........................  Sikes Disposal Pits...............  Crosby...................  C
TX........................  Sol Lynn/Industrial Transformers..  Houston..................  C
TX........................  South Cavalcade Street............  Houston..................
TX........................  Sprague Road Ground Water Plume...  Odessa...................
TX........................  Star Lake Canal...................  Port Neches..............
TX........................  State Marine of Port Arthur.......  Jefferson County.........
TX........................  State Road 114 Ground Water Plume.  Levelland................
TX........................  Texarkana Wood Preserving Co......  Texarkana................
TX........................  Tex-Tin Superfund.................  Texas City, Galveston....  P
TX........................  United Creosoting Co..............  Conroe...................
UT........................  Bountiful/Woods Cross 5th South     Bountiful/Woods Cross....
                             PCE Plume.
UT........................  Davenport and Flagstaff Smelters..  Sandy City...............  P
UT........................  Eureka Mills......................  Eureka...................
UT........................  Intermountain Waste Oil Refinery..  Bountiful................
UT........................  International Smelting and          Tooele...................
                             Refining.
UT........................  Jacobs Smelters...................  Tooele County............  P
UT........................  Midvale Slag......................  Midvale..................
UT........................  Portland Cement (Kiln Dust 2 & 3).  Salt Lake City...........
UT........................  Utah Power & Light/American Barrel  Salt Lake City...........  C
                             Co.
UT........................  Wasatch Chemical Co. (Lot 6)......  Salt Lake City...........
VA........................  Abex Corp.........................  Portsmouth...............
VA........................  Arrowhead Associates/Scovill Corp.  Montross.................
VA........................  Atlantic Wood Industries, Inc.....  Portsmouth...............
VA........................  Avtex Fibers, Inc.................  Front Royal..............
VA........................  Buckingham County Landfill........  Buckingham...............
VA........................  C & R Battery Co., Inc............  Chesterfield County......  C
VA........................  Chisman Creek.....................  York County..............  C
VA........................  Culpeper Wood Preservers, Inc.....  Culpeper.................
VA........................  First Piedmont Rock Quarry (Route   Pittsylvania County......  C
                             719).
VA........................  Former Nansemond Ordnance Depot...  Suffolk..................  P
VA........................  Greenwood Chemical Co.............  Newtown..................
VA........................  H & H Inc., Burn Pit..............  Farrington...............
VA........................  Kim-Stan Landfill.................  Selma....................
VA........................  L.A. Clarke & Son.................  Spotsylvania County......
VA........................  Rentokil, Inc. (VA Wood Preserving  Richmond.................
                             Div).
VA........................  Saltville Waste Disposal Ponds....  Saltville................
VA........................  Saunders Supply Co................  Chuckatuck...............
VA........................  U.S. Titanium.....................  Piney River..............
VI........................  Island Chemical Corp/V.I. Chemical  Christiansted............
                             Corp.
VI........................  Tutu Wellfield....................  Tutu.....................
VT........................  BFI Sanitary Landfill (Rockingham)  Rockingham...............  C
VT........................  Bennington Municipal Sanitary       Bennington...............
                             Landfill.
VT........................  Burgess Brothers Landfill.........  Woodford.................
VT........................  Commerce Street Plume.............  Williston................
VT........................  Elizabeth Mine....................  Strafford................
VT........................  Ely Copper Mine...................  Vershire.................

[[Page 221]]

 
VT........................  Old Springfield Landfill..........  Springfield..............  C
VT........................  Parker Sanitary Landfill..........  Lyndon...................
VT........................  Pike Hill Copper Mine.............  Corinth..................
VT........................  Pine Street Canal.................  Burlington...............  S
VT........................  Pownal Tannery....................  Pownal...................
WA........................  American Crossarm & Conduit Co....  Chehalis.................  C
WA........................  Boomsnub/Airco....................  Vancouver................  S
WA........................  Centralia Municipal Landfill......  Centralia................
WA........................  Colbert Landfill..................  Colbert..................
WA........................  Commencement Bay, Near Shore/Tide   Pierce County............  P
                             Flats.
WA........................  Commencement Bay, South Tacoma      Tacoma...................  P
                             Channel.
WA........................  FMC Corp. (Yakima Pit)............  Yakima...................  C
WA........................  Frontier Hard Chrome, Inc.........  Vancouver................
WA........................  General Electric Co. (Spokane       Spokane..................
                             Shop).
WA........................  Greenacres Landfill...............  Spokane County...........
WA........................  Hamilton/Labree Roads Ground Water  Chehalis.................
                             Contamination.
WA........................  Harbor Island (Lead)..............  Seattle..................  P
WA........................  Hidden Valley Landfill (Thun        Pierce County............
                             Field).
WA........................  Kaiser Aluminum Mead Works........  Mead.....................
WA........................  Lakewood Site.....................  Lakewood.................  C,P
WA........................  Lower Duwamish Waterway...........  Seattle..................
WA........................  Mica Landfill.....................  Mica.....................
WA........................  Midnite Mine......................  Wellpinit................
WA........................  Midway Landfill...................  Kent.....................
WA........................  Moses Lake Wellfield Contamination  Moses Lake...............
WA........................  North Market Street...............  Spokane..................
WA........................  Northside Landfill................  Spokane..................  C
WA........................  Oeser Co..........................  Bellingham...............
WA........................  Pacific Car & Foundry Co..........  Renton...................  C
WA........................  Pacific Sound Resources...........  Seattle..................
WA........................  Palermo Well Field Ground Water     Tumwater.................
                             Contam.
WA........................  Pasco Sanitary Landfill...........  Pasco....................
WA........................  Queen City Farms..................  Maple Valley.............
WA........................  Quendall Terminals................  Renton...................
WA........................  Seattle Municipal Landfill (Kent    Kent.....................  C
                             Hghlnds).
WA........................  Vancouver Water Station 1  Vancouver................
                             Contamination.
WA........................  Vancouver Water Station 4  Vancouver................
                             Contamination.
WA........................  Western Processing Co., Inc.......  Kent.....................  C
WA........................  Wyckoff Co./Eagle Harbor..........  Bainbridge Island........
WI........................  Algoma Municipal Landfill.........  Algoma...................  C
WI........................  Ashland/Northern States Power       Ashland..................
                             Lakefront.
WI........................  Better Brite Plating Chrome & Zinc  DePere...................
                             Shops.
WI........................  City Disposal Corp. Landfill......  Dunn.....................
WI........................  Delavan Municipal Well 4.  Delavan..................
WI........................  Eau Claire Municipal Well Field...  Eau Claire...............  C
WI........................  Hagen Farm........................  Stoughton................  C
WI........................  Hechimovich Sanitary Landfill.....  Williamstown.............
WI........................  Hunts Disposal Landfill...........  Caledonia................
WI........................  Janesville Ash Beds...............  Janesville...............
WI........................  Janesville Old Landfill...........  Janesville...............
WI........................  Kohler Co. Landfill...............  Kohler...................
WI........................  Lauer I Sanitary Landfill.........  Menomonee Falls..........
WI........................  Lemberger Landfill, Inc...........  Whitelaw.................  C
WI........................  Lemberger Transport & Recycling...  Franklin Township........  C
WI........................  Madison Metropolitan Sewerage       Blooming Grove...........
                             District.
WI........................  Master Disposal Service Landfill..  Brookfield...............
WI........................  Mid-State Disposal, Inc. Landfill.  Cleveland Township.......  C
WI........................  Moss-American(Kerr-McGee Oil Co.).  Milwaukee................
WI........................  Muskego Sanitary Landfill.........  Muskego..................
WI........................  N.W. Mauthe Co., Inc..............  Appleton.................  S
WI........................  National Presto Industries, Inc...  Eau Claire...............
WI........................  Oconomowoc Electroplating Co. Inc.  Ashippin.................  C
WI........................  Onalaska Municipal Landfill.......  Onalaska.................  C
WI........................  Penta Wood Products...............  Daniels..................
WI........................  Refuse Hideaway Landfill..........  Middleton................
WI........................  Ripon City Landfill...............  Ripon....................  C
WI........................  Sauk County Landfill..............  Excelsior................  C
WI........................  Schmalz Dump......................  Harrison.................  C
WI........................  Scrap Processing Co., Inc.........  Medford..................
WI........................  Sheboygan Harbor & River..........  Sheboygan................
WI........................  Spickler Landfill.................  Spencer..................
WI........................  Stoughton City Landfill...........  Stoughton................

[[Page 222]]

 
WI........................  Tomah Armory......................  Tomah....................
WI........................  Tomah Municipal Sanitary Landfill.  Tomah....................
WI........................  Waste Mgmt of WI (Brookfield Sanit  Brookfield...............
                             LF).
WI........................  Wausau Ground Water Contamination.  Wausau...................  C
WV........................  Big John Salvage--Hoult Road......  Fairmont.................
WV........................  Fike Chemical, Inc................  Nitro....................
WV........................  Hanlin-Allied-Olin................  Moundsville..............
WV........................  Ordnance Works Disposal Areas.....  Morgantown...............
WV........................  Ravenswood PCE Ground Water Plume.  Ravenswood...............
WV........................  Sharon Steel Corp (Fairmont Coke    Fairmont.................
                             Works).
WV........................  Vienna Tetrachloroethene..........  Vienna...................
WY........................  Mystery Bridge Rd/U.S. Highway 20.  Evansville...............  C
----------------------------------------------------------------------------------------------------------------
(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be <= 28.50).
C = Sites on construction completion list.
S = State top priority (included among the 100 top priority sites regardless of score).
P = Sites with partial deletion(s).


                                       Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
            St                           Site name                     City/County                Notes(a)
----------------------------------------------------------------------------------------------------------------
AK........................  Adak Naval Air Station............  Adak.....................
AK........................  Eielson Air Force Base............  Fairbanks N Star Borough.
AK........................  Elmendorf Air Force Base..........  Greater Anchorage Borough
AK........................  Fort Richardson (USARMY)..........  Anchorage................
AK........................  Fort Wainwright...................  Fairbanks N Star Borough.
AL........................  Alabama Army Ammunition Plant.....  Childersburg.............
AL........................  Anniston Army Depot (SE Industrial  Anniston.................
                             Area).
AL........................  Redstone Arsenal (USARMY/NASA)....  Huntsville...............
AZ........................  Williams Air Force Base...........  Chandler.................
AZ........................  Yuma Marine Corps Air Station.....  Yuma.....................
CA........................  Alameda Naval Air Station.........  Alameda..................
CA........................  Barstow Marine Corps Logistics      Barstow..................
                             Base.
CA........................  Camp Pendleton Marine Corps Base..  San Diego County.........
CA........................  Castle Air Force Base.............  Merced...................
CA........................  Concord Naval Weapons Station.....  Concord..................
CA........................  Edwards Air Force Base............  Kern County..............
CA........................  El Toro Marine Corps Air Station..  El Toro..................
CA........................  Fort Ord..........................  Marina...................
CA........................  George Air Force Base.............  Victorville..............
CA........................  Jet Propulsion Laboratory (NASA)..  Pasadena.................
CA........................  LEHR/Old Campus Landfill (USDOE)..  Davis....................
CA........................  Lawrence Livermore Lab Site 300     Livermore................
                             (USDOE).
CA........................  Lawrence Livermore Laboratory       Livermore................
                             (USDOE).
CA........................  March Air Force Base..............  Riverside................
CA........................  Mather Air Force Base.............  Sacramento...............
CA........................  McClellan Air Force Base (GW        Sacramento...............
                             Contam).
CA........................  Moffett Naval Air Station.........  Sunnyvale................
CA........................  Norton Air Force Base.............  San Bernardino...........
CA........................  Riverbank Army Ammunition Plant...  Riverbank................
CA........................  Sacramento Army Depot.............  Sacramento...............
CA........................  Sharpe Army Depot.................  Lathrop..................
CA........................  Tracy Defense Depot (USARMY)......  Tracy....................
CA........................  Travis Air Force Base.............  Solano County............
CA........................  Treasure Island Naval Station-Hun   San Francisco............  P
                             Pt An.
CO........................  Air Force Plant PJKS..............  Waterton.................
CO........................  Rocky Flats Plant (USDOE).........  Golden...................
CO........................  Rocky Mountain Arsenal (USARMY)...  Adams County.............  P
CT........................  New London Submarine Base.........  New London...............
DC........................  Washington Navy Yard..............  Washington DC............
DE........................  Dover Air Force Base..............  Dover....................
FL........................  Cecil Field Naval Air Station.....  Jacksonville.............  P
FL........................  Homestead Air Force Base..........  Homestead................
FL........................  Jacksonville Naval Air Station....  Jacksonville.............
FL........................  Pensacola Naval Air Station.......  Pensacola................
FL........................  Tyndall Air Force Base............  Panama City..............
FL........................  Whiting Field Naval Air Station...  Milton...................
GA........................  Marine Corps Logistics Base.......  Albany...................
GA........................  Robins Air Force Base(Lf4/ Houston County...........
                             Sludge Lagoon.
GU........................  Andersen Air Force Base...........  Yigo.....................
HI........................  Naval Computer &                    Oahu.....................
                             Telecommunications Area.

[[Page 223]]

 
HI........................  Pearl Harbor Naval Complex........  Pearl Harbor.............
IA........................  Iowa Army Ammunition Plant........  Middletown...............
ID........................  Idaho National Engineering Lab      Idaho Falls..............
                             (USDOE).
ID........................  Mountain Home Air Force Base......  Mountain Home............
IL........................  Joliet Army Ammunition Plant (LAP   Joliet...................
                             Area).
IL........................  Joliet Army Ammunition Plant (Mfg   Joliet...................
                             Area).
IL........................  Sangamo Electric/Crab Orchard NWR   Carterville..............
                             (USDOI).
IL........................  Savanna Army Depot Activity.......  Savanna..................
KS........................  Fort Riley........................  Junction City............
KY........................  Paducah Gaseous Diffusion Plant     Paducah..................
                             (USDOE).
LA........................  Louisiana Army Ammunition Plant...  Doyline..................
MA........................  Fort Devens.......................  Fort Devens..............
MA........................  Hanscom Field/Hanscom Air Force     Bedford..................
                             Base.
MA........................  Materials Technology Laboratory     Watertown................  P
                             (USARMY).
MA........................  Natick Laboratory Army Research,    Natick...................
                             D&E Cntr.
MA........................  Naval Weapons Industrial Reserve    Bedford..................
                             Plant.
MA........................  Otis Air National Guard (USAF)....  Falmouth.................
MA........................  South Weymouth Naval Air Station..  Weymouth.................
MD........................  Aberdeen Proving Ground (Edgewood   Edgewood.................
                             Area).
MD........................  Aberdeen Proving Ground             Aberdeen.................
                             (Michaelsville LF).
MD........................  Andrews Air Force Base............  Camp Springs.............
MD........................  Beltsville Agricultural Research    Beltsville...............
                             (USDA).
MD........................  Brandywine DRMO...................  Brandywine...............
MD........................  Curtis Bay Coast Guard Yard.......  Anne Arundel County......
MD........................  Fort George G. Meade..............  Odenton..................  P
MD........................  Indian Head Naval Surface Warfare   Indian Head..............
                             Center.
MD........................  Patuxent River Naval Air Station..  St. Mary's County........
ME........................  Brunswick Naval Air Station.......  Brunswick................
ME........................  Loring Air Force Base.............  Limestone................
ME........................  Portsmouth Naval Shipyard.........  Kittery..................
MN........................  Naval Industrial Reserve Ordnance   Fridley..................
                             Plant.
MN........................  New Brighton/Arden Hills/TCAAP      New Brighton.............
                             (USARMY).
MO........................  Lake City Army Ammu. Plant (NW      Independence.............
                             Lagoon).
MO........................  Weldon Spring Former Army Ordnance  St. Charles County.......
                             Works.
MO........................  Weldon Spring Quarry/Plant/Pitts    St. Charles County.......
                             (USDOE).
NC........................  Camp Lejeune Military Res.          Onslow County............
                             (USNAVY).
NC........................  Cherry Point Marine Corps Air       Havelock.................
                             Station.
NE........................  Cornhusker Army Ammunition Plant..  Hall County..............
NH........................  Pease Air Force Base..............  Portsmouth/Newington.....
NJ........................  Federal Aviation Admin. Tech.       Atlantic County..........
                             Center.
NJ........................  Fort Dix (Landfill Site)..........  Pemberton Township.......
NJ........................  McGuire Air Force Base 1.  Wrightstown..............
NJ........................  Middlesex Sampling Plant (USDOE)..  Middlesex................
NJ........................  Naval Air Engineering Center......  Lakehurst................
NJ........................  Naval Weapons Station Earle (Site   Colts Neck...............
                             A).
NJ........................  Picatinny Arsenal (USARMY)........  Rockaway Township........
NJ........................  W.R. Grace/Wayne Interim Storage    Wayne Township...........
                             (USDOE).
NM........................  Lee Acres Landfill (USDOI)........  Farmington...............
NY........................  Brookhaven National Laboratory      Upton....................
                             (USDOE).
NY........................  Griffiss Air Force Base...........  Rome.....................
NY........................  Plattsburgh Air Force Base........  Plattsburgh..............
NY........................  Seneca Army Depot.................  Romulus..................
OH........................  Feed Materials Production Center    Fernald..................
                             (USDOE).
OH........................  Mound Plant (USDOE)...............  Miamisburg...............  P
OH........................  Wright-Patterson Air Force Base...  Dayton...................
OK........................  Tinker Air Force (Soldier Cr/Bldg   Oklahoma City............
                             300).
OR........................  Fremont Nat. Forest Uranium Mines   Lakeview.................
                             (USDA).
OR........................  Umatilla Army Depot (Lagoons).....  Hermiston................
PA........................  Letterkenny Army Depot (PDO Area).  Franklin County..........
PA........................  Letterkenny Army Depot (SE Area)..  Chambersburg.............
PA........................  Naval Air Development Center (8     Warminster Township......
                             Areas).
PA........................  Navy Ships Parts Control Center...  Mechanicsburg............
PA........................  Tobyhanna Army Depot..............  Tobyhanna................  P
PA........................  Willow Grove Naval Air & Air Res.   Willow Grove.............
                             Stn..
PR........................  Atlantic Fleet Weapons Training     Island of Vieques\1\.....  S
                             Area--Vieques.
RI........................  Davisville Naval Construction Batt  North Kingston...........
                             Cent.
RI........................  Newport Naval Education/Training    Newport..................
                             Center.
SC........................  Parris Island Marine Corps Recruit  Parris Island............
                             Depot.
SC........................  Savannah River Site (USDOE).......  Aiken....................
SD........................  Ellsworth Air Force Base..........  Rapid City...............
TN........................  Memphis Defense Depot (DLA).......  Memphis..................
TN........................  Milan Army Ammunition Plant.......  Milan....................

[[Page 224]]

 
TN........................  Oak Ridge Reservation (USDOE).....  Oak Ridge................
TX........................  Air Force Plant 4          Fort Worth...............
                             (General Dynamics).
TX........................  Lone Star Army Ammunition Plant...  Texarkana................
TX........................  Longhorn Army Ammunition Plant....  Karnack..................
TX........................  Pantex Plant (USDOE)..............  Pantex Village...........
UT........................  Hill Air Force Base...............  Ogden....................
UT........................  Monticello Mill Tailings (USDOE)..  Monticello...............  P
UT........................  Ogden Defense Depot (DLA).........  Ogden....................
UT........................  Tooele Army Depot (North Area)....  Tooele...................
VA........................  Defense General Supply Center       Chesterfield County......
                             (DLA).
VA........................  Fort Eustis (US Army).............  Newport News.............
VA........................  Langley Air Force Base/NASA         Hampton..................
                             Langley Cntr.
VA........................  Marine Corps Combat Development     Quantico.................
                             Command.
VA........................  Naval Amphibious Base Little Creek  Virginia Beach...........
VA........................  Naval Surface Warfare--Dahlgren...  Dahlgren.................
VA........................  Naval Weapons Station--Yorktown...  Yorktown.................
VA........................  Naval Weapons Station Yorktown--    Williamsburg.............
                             Cheatham Annex.
VA........................  Norfolk Naval Base (Sewells Pt Nvl  Norfolk..................
                             Cmpx).
VA........................  Norfolk Naval Shipyard............  Portsmouth...............
VA........................  St. Juliens Creek Annex (U.S.       Chesapeake...............
                             Navy).
WA........................  American Lake Gardens/McChord AFB.  Tacoma...................
WA........................  Bangor Naval Submarine Base.......  Silverdale...............
WA........................  Bangor Ordnance Disposal (USNAVY).  Bremerton................
WA........................  Fairchild Air Force Base (4 Waste   Spokane County...........
                             Areas).
WA........................  Fort Lewis Logistics Center.......  Tillicum.................
WA........................  Hanford 100-Area (USDOE)..........  Benton County............  P
WA........................  Hanford 200-Area (USDOE)..........  Benton County............
WA........................  Hanford 300-Area (USDOE)..........  Benton County............
WA........................  Jackson Park Housing Complex        Kitsap County............
                             (USNAVY).
WA........................  Naval Air Station, Whidbey Island   Whidbey Island...........
                             (Ault).
WA........................  Naval Undersea Warfare Station (4   Keyport..................
                             Areas).
WA........................  Old Navy Dump/Manchester Lab        Manchester...............
                             (USEPA/NOAA).
WA........................  Puget Sound Naval Shipyard Complex  Bremerton................
WV........................  Allegany Ballistics Laboratory      Mineral..................
                             (USNAVY).
WV........................  West Virginia Ordnance (USARMY)...  Point Pleasant...........  P
WY........................  F.E. Warren Air Force Base........  Cheyenne.................
----------------------------------------------------------------------------------------------------------------
\1\ Only the Vieques portions of the AFWTA are included in Appendix B to Part 300, the National Priorities List.
  The Culebra portions of the AFWTA (that were included in the NPL proposal AFWTA on August 13, 2004) are not
  included at this time due to ongoing negotiations between the Commonwealth of Puerto Rico and the Department
  of the Army.
Notes:
(a) A=Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be 28.50).
C=Sites on construction completion list.
S=State top priority (included among the 100 top priority sites regardless of score).
P=Sites with partial deletion(s).


[62 FR 15576, Apr. 1, 1997]

    Editorial Note: For Federal Register citations affecting part 300, 
appendix B, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Editorial Note: At 71 FR 36019, June 23, 2006, the amendment to 
Table 1 of Appendix B to Part 300 could not be incorporated because of 
inaccurate amendatory language.

    Effective Date Note: At 71 FR 35813, June 22, 2006, Table 1 of 
Appendix B to Part 300 was amended under Texas (``TX'') by removing the 
entry for ``Dixie Oil Processors, Inc.'', effective Aug. 21, 2006.

    Effective Date Note: At 71 FR 35816, June 22, 2006, Table 1 of 
Appendix B to Part 300 was amended by removing the Site Davie Landfill, 
Davie, Florida, effective Aug. 21, 2006.

    Effective Date Note: At 71 FR 36019, June 23, 2006, Table 1 of 
Appendix B to Part 300 was amended under Texas (``TX'') by removing the 
entry for ``Brio Refining, Inc.'', effective Aug. 22, 2006.

[[Page 225]]

 Appendix C to Part 300--Swirling Flask Dispersant Effectiveness Test, 
  Revised Standard Dispersant Toxicity Test, and Bioremediation Agent 
                           Effectiveness Test

                            Table of Contents

1.0 Introduction
2.0 Swirling Flask Dispersant Effectiveness Test
3.0 Revised Standard Dispersant Toxicity Test
4.0 Bioremediation Agent Effectiveness Test
5.0 Bioremediation Agent Toxicity Test
6.0 Summary Technical Product Test Data Format

                               References

                          List of Illustrations

                              Figure Number

1 Swirling Flask Test Apparatus

                             List of Tables

                              Table Number

1 Major Ion Composition of ``Instant Ocean'' Synthetic Sea Salt
2 Test Oil Characteristics
3 Oil Standard Solutions: Concentrations in Final DCM Extractions
4 Synthetic Seawater [Toxicity Test]
5 Test Oil Characteristics: No. 2 Fuel Oil
6 Analytes Listed Under the Corresponding Internal Standard Used in 
          Calculating RRFs
7 Primary Ions Monitored for Each Target Analyte During GC/MS Analysis
8 Analytes and Reference Compounds
9 Operating Conditions and Temperature Program of GC/MS
10 Two-Way ANOVA Table
11 Product Test Data, Total Aromatics
12 Summary Statistics for Product Test Data, Total Aromatics
13 Example Two-Way ANOVA Table
14 Pairwise Protected LSD Mean Separation

                            1.0 Introduction

    1.1 Scope and Application. The methods described below apply to 
``dispersants, surface washing agents, surface collecting agents, 
bioremediation agents, and miscellaneous oil spill control agents'' 
involving subpart J (Use of Dispersants and Other Chemicals) in 40 CFR 
part 300 (National Oil and Hazardous Substances Pollution Contingency 
Plan). They are revisions and additions to the EPA's Standard Dispersant 
Effectiveness and Toxicity Tests (1). The new Swirling Flask Dispersant 
Effectiveness Test is used only for testing dispersants. The Revised 
Standard Dispersant Toxicity Test is used for testing dispersants, as 
well as surface washing agents, surface collecting agents, and 
miscellaneous oil spill control agents. The bioremediation agent 
effectiveness test is used for testing bioremediation agents only.
    1.2 Definitions. The definitions of dispersants, surface washing 
agents, surface collecting agents, bioremediation agents, and 
miscellaneous oil spill control agents are provided in 40 CFR 300.5.

            2.0 Swirling Flask Dispersant Effectiveness Test

    2.1 Summary of Method. This protocol was developed by Environment 
Canada to provide a relatively rapid and simple testing procedure for 
evaluating dispersant effectiveness (2). It uses a modified Erlenmeyer 
flask to which a side spout has been added for removing subsurface 
samples of water near the bottom of the flask without disturbing a 
surface oil layer. Seawater and a surface layer of oil are added to the 
flask. Turbulent mixing is provided by placing the flask on a standard 
shaker table at 150 rpm for 20 minutes to induce a swirling motion to 
the liquid contents. Following shaking, the flask is immediately removed 
from the shaker table and maintained in a stationary position for 10 
minutes to allow the oil that will reform a slick to return to the 
water's surface. A sample of water for chemical analysis is then removed 
from the bottom of the flask through the side spout, extracted with 
methylene chloride (dichloromethane-DCM), and analyzed for oil content 
by UV-visible absorption spectrophotometry at wavelengths of 340, 370, 
and 400 nm (2).
    2.2 Apparatus.
    2.2.1 Modified Erlenmeyer Flask. Use 125-ml glass Erlenmeyer flasks 
that have been modified to include an attachment of a glass side spout 
that extends from the bottom of the flask upward to the neck region, as 
shown in Figure 1.
    2.2.2 Shaker Table. Use a shaker table with speed control unit with 
variable speed (40-400 rpm) and an orbital diameter of approximately 
0.75 inches (2 cm) to provide turbulence to solutions in test flasks.
    2.2.3 Spectrophotometer. Use a UV-visible spectrophotometer capable 
of measuring absorbance at 340, 370, and 400 nm. A Hitachi Model U-2000 
or equivalent is acceptable for this purpose.
    2.2.4 Glassware. Glassware should consist of 5-, 10-, 25-, 100-, and 
500-ml graduated cylinders; 125-ml separatory funnels with Teflon 
stopcocks; and 10-, 100-, and 1,000-ml volumetric flasks and 
micropipettes.

[[Page 226]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.017

    2.3 Reagents. 2.3.1 Synthetic seawater. The synthetic sea salt 
``Instant Ocean,'' manufactured by Aquarium Systems of Mentor, OH, can 
be used for this purpose. The synthetic seawater solution is prepared by 
dissolving 34 g of the salt mixture in 1 liter of distilled water (i.e., 
a salinity of 34 ppt). Table 1 provides a list of the ion composition of 
the seasalt mixture.

 Table 1--Major Ion Composition of ``Instant Ocean'' Synthetic Sea Salt
------------------------------------------------------------------------
                                                               Ionic
                                                           Concentration
                  Major Ion                      % Total     at 34 ppt
                                                 Weight    salinity (mg/
                                                                 1)
------------------------------------------------------------------------
Chloride (C1-)...............................      47.470        18,740
Sodium (NA=).................................      26.280        10,454
Sulfate (SO4-)...............................       6.602         2,631
Magnesium (Mg==).............................       3.230         1,256
Calcium (Ca==)...............................       1.013           400
Potassium (K=)...............................       1.015           401
Bicarbonate (HCO3-)..........................       0.491           194
Boron (B)....................................       0.015           6.0
Strontium (Sr==).............................       0.001           7.5
 SOLIDS TOTAL................................      86.11%     34,089.50
Water........................................       13.88
 TOTAL.......................................      99.99%
------------------------------------------------------------------------

Following the preparation, the saltwater solution is allowed to 
equilibrate to the ambient temperature of the laboratory and should be 
in the range of 223 [deg]C.
    2.3.2 Test oil. Two EPA/American Petroleum Institute (API) standard 
reference oils,

[[Page 227]]

Prudhoe Bay and South Louisiana crude, should be used for this test. 
These oils can be obtained from the Resource Technology Corporation, 
2931 Soldier Springs Road, P.O. Box 1346, Laramie, WY 82070, (307) 742-
5452. These oils have been thoroughly homogenized, as well as 
characterized physically and chemically for previous EPA and API 
studies. Various selected parameters are presented in table 2.

                    Table 2--Test Oil Characteristics
------------------------------------------------------------------------
                                  Prudhoe Bay crude     South Louisiana
                                         oil               crude oil
------------------------------------------------------------------------
Specific gravity \1\...........  0.894 kg/1.........  0.840 kg/1
API gravity \1\................  26.8 degrees.......  37.0 degrees
Sulfur.........................  1.03 wt%...........  0.23 wt%
Sulfur compounds, profile......  ...................  ..................
Nitrogen.......................  0.20 wt%...........  0.031 wt%
Vanadium.......................  21 mg/1............  0.95 mg/1
Nickel.........................  11 mg/1............  1.1 mg/1
Simulated distillation profile.  ...................  ..................
Infrared spectrum..............  ...................  ..................
UV fluorescence spectrum.......  ...................  ..................
Pour Point.....................  +25 [deg]F.........  0 [deg]F
Viscosity
 at 40 [deg]C..................  14.09 cST..........  3.582 cST
 at 100 [deg]C.................  4.059 cST..........  1.568 cST
Index..........................  210................  (\2\)
------------------------------------------------------------------------
\1\ At 15 [deg]C
\2\ Not calculable when viscosity at 100 [deg]C is less than 2.0.

    2.3.3 Methylene Chloride (Dichloromethane-DCM), pesticide quality. 
For extraction of all sample water and oil-standard water samples.
    2.4 Pretest preparation. 2.4.1 Preparation and analysis of oil 
standards. 2.4.1.1 Standard solutions of oil for calibrating the UV-
visible spectrophotometer are prepared with the specific reference oils 
and dispersant used for a particular set of experimental test runs. For 
experiments with no dispersant, only oil is used to make the standard 
solution. For experiments with the oil plus dispersant, the standard is 
made with a 1:10 (v:v) mixture of the dispersant to the test oil (i.e., 
a dispersant-to-oil ratio of 1:10). This ratio is used in the test tank 
with dispersant added. The presence of water and certain dispersants in 
DCM extracts can affect absorbance readings in a spectrophotometer. All 
standard solutions of oil (and dispersant, if present) should be 
prepared in a stepwise manner that reflects the analytical protocol used 
for the experimental water samples.
    2.4.1.2 To prepare the standards, prepare a parent oil-DCM standard 
by mixing 1 part oil (plus 1/10 part premixed dispersant, if applicable) 
to 9 parts DCM (i.e., 1:10 dilution of the oil v:v). Add a specific 
volume of the parent oil-DCM standard to 30 ml of synthetic seawater in 
a separatory funnel. Extract the oil-water mixture with 5-ml volumes of 
DCM after 15 seconds of vigorous shaking followed by a 2 minute 
stationary period to allow for phase separation for each extraction. 
Repeat the extraction using a total of three 5-ml portions of DCM. 
Adjust the final DCM volume for the combined extracts to 20 ml with DCM 
in a 25-ml graduated cylinder.
    2.4.1.3 The quantities of oil used to achieve the desired 
concentrations in the final 20-ml DCM extracts for the standard oil-
solutions are summarized in table 3. Specific masses for oil amounts in 
standards are determined as volumes of oil multiplied by the density of 
the oil.
    2.4.2 Linear stability calibration of UV-Visible spectrophotometer.
    2.4.2.1 Before DCM-extracts of dispersed oil-water samples can be 
analyzed for their oil content, the UV-visible spectrophotometer must 
meet an instrument stability calibration criterion. This criterion is 
determined with the six oil standards identified in table 3. Determine 
the absorbance of standards at each of the three analytical wavelengths 
(i.e., 340, 370, and 400 nm). Determine the response factors (RFs) for 
the test oil at each of the three analytical wavelengths using the 
following equation:

RFx=C/Ax (1)

where:
RFx=Response factor at wavelength x (x=340, 370, or 400 nm)
C=Oil concentration, in mg of oil/ml of DCM in standard solution
Ax=Spectrophotometric absorbance of wavelength x

Table 3--Oil Standard Solutions: Concentrations in Final DCM Extractions
                                   \1\
------------------------------------------------------------------------
                                                        Volume of parent
     Final oil        Final extract    Total amount of     oil-DCM std
 concentration (mg/   volume (ml of    oil in standard  ([micro]l) added
     ml of DCM)            DCM)             (mg)          to saltwater
------------------------------------------------------------------------
           4.0               20.0              80.0               890
           2.0               20.0              40.0               440
           1.0               20.0              20.0               220
           0.50              20.0              10.0               110
           0.10              20.0               2.0                22
           0.05              20.0               1.0                11
------------------------------------------------------------------------
\1\ Assuming an oil density of 0.9 g/ml and an extraction efficiency of
  100% for oil from the 30-ml of seawater.

    2.4.2.2 Instrument stability for the initial calibration is 
acceptable when the RFs for the five highest standard extracts of oil 
are <20% different from the overall mean value for the five standards. 
If this criterion is satisfied, analysis of sample extracts can begin. 
RFs for the lowest concentration (0.05 mg oil/ml DCM) are not included 
in the consideration because the absorbance is close to the detection 
limit of the spectrophotometer (with associated high variability in the 
value) for the 1-cm path-length cell used for measurements. Absorbances 
=3.5 are not included because absorbance saturation occurs at 
and above this value.

[[Page 228]]

    2.4.2.3 If one or more of the standard oil extracts do not meet this 
linear-stability criterion, then the ``offending'' standard(s) can be 
prepared a second time (i.e., extraction of the specified amount of oil 
from 30-ml or seawater for the ``offending'' standard according to the 
pretest preparation procedure). If replacement of the reanalyzed 
standard solution(s) in the standard curve meets the linear-stability 
criterion (i.e., no RF 20% different from the overall mean), 
then analysis of sample extracts can begin.
    2.4.2.4 If the initial-stability criterion is still not satisfied, 
analysis of sample extract cannot begin and the source of the problem 
(e.g., preparation protocol for the oil standards, spectrophotometer 
stability, etc.) must be corrected.
    2.4.2.5 The initial six-point calibration of the UV-visible 
spectrophotometer at the oil concentrations identified is required at 
least once per test day.
    2.5 Test procedure. 2.5.1 Preparation of premixed dispersant oil. 
Prepare a premixed dispersant oil by mixing 1 part dispersant to 10 
parts oil. Store this mixture in a glass container. The dispersant 
effectiveness test procedures are listed in steps 1-20:
    1. Prepare 4 replicates (same test oil and dispersant), one control 
(i.e., no dispersant), and one method blank and run at the same time on 
the shaker table.
    2. Add 1202 ml of synthetic seawater to each 
of the modified 125-ml glass Erlenmeyer flasks. Measure and record the 
water temperature.
    3. Place the flasks securely into the attached slot on the shaker 
table.
    4. Carefully add 100 [micro]l of an oil-dispersant solution onto the 
center of the water's surface using a positive displacement pipette.
    5. Agitate the flasks for 201 minutes at 
15010 rpm on the shaker table.
    6. After the 201 minutes shaking, remove the 
flasks from the shaker table and allow them to remain stationary for 
101 minutes for oil droplet ``settling.''
    7. At the conclusion of the 10-minute settling period, carefully 
decant a 30-ml sample through the side spout of the test flasks into a 
50-ml graduated cylinder.
    Note: Discard the first 1-2 ml of sample water to remove 
nonhomogeneous water-oil initially contained in the spout.
    8. Transfer the samples from the graduated cylinder into a 125- or 
250-ml glass separatory funnel fitted with a Teflon stopcock.
    9. Add 5 ml of pesticide-quality DCM to the separatory funnel and 
shake vigorously for 15 seconds. Release the pressure carefully from the 
separatory funnel through the stopcock into a fume hood.
    10. Allow the funnel to remain in a stationary position for 2 
minutes to allow phase-separation of the water and DCM.
    11. Drain the DCM layer from the separatory funnel into a glass-
stoppered, 25-ml graduated glass cylinder.
    12. Repeat the DCM-extraction process two additional times.
    13. Combine the three extracts in the graduated cylinder and adjust 
the final volume to 20-ml with additional DCM.
    14. Analyze the samples using a UV-spectrophotometer at 340, 370, 
and 400 nm-wavelengths and determine the quantity of oil as follows:

 Cx=(Ax)x(RFx)x(VDCM)x(Vtw
/Vew) (2)

where:
Cx=Total mass of dispersed oil in swirling flask at 
          wavelength x (x=340, 370, or 400 nm)
Ax=Spectrophotometric absorbance at wavelength x
RFx=Mean response factor at wavelength x (determined from 
          equation 1)
VDCM=Final volume of DCM-extract of water sample (20 ml)
Vtw=Total water volume in swirling flask vessel (120 ml)
Vew=Volume of water extracted for dispersed oil content (30 
          ml)
    15. Obtain three concentration values for oil in each experimental 
water sample (340, 370, and 400 nm).
    16. Determine the mean of three values as follows:
 Cmean=(C340+C370+C400)/3 
(3)
    Note: Means will be used for all dispersion-performance 
calculations. Samples where one of the values for C340, 
C370, or C400 is more than 30% different from 
Cmean will be flagged. Whenever oil measurements are flagged 
as having a concentration based on one wavelength as 30% 
different from Cmean, raw data will be evaluated to establish 
that the measurements are valid. In addition, attempts will be made to 
correlate the difference to oil type, dispersant test, or dispersant 
used. If no errors or correlations are apparent and 10% of 
all oil measurements are flagged, the mean concentration data will be 
used in the calculation for dispersant performance and the subject data 
will be flagged.
    17. Determine the dispersant performance (i.e., percent of oil that 
is dispersed, or EFF) based on the ratio of oil dispersed in the test 
system to the total oil added to the system as follows:

 EFF (in %)=(Cmean/CTOT)x100 (4)
where:
Cmean=Mean value for total mass of dispersed oil in the 
swirling flask determined by spectrophotometric analysis
CTOT=Total mass of oil initially added to the experimental 
swirling flask
    18. Calculate EFF using equation 4 for coupled experiments with and 
without dispersant (EFFc and EFFd, respectively). 
EFFc is the effectiveness of the control and represents 
natural dispersion of the oil in the

[[Page 229]]

test apparatus. EFFd is the measured uncorrected value.
    19. Calculate the final dispersant performance of a chemical 
dispersant agent after correcting for natural dispersion using equation 
5.

 EFFD=EFFd--EFFc (5)
where:
EFFD=% dispersed oil due to dispersant only
EFFd=% dispersed oil with dispersant added
EFFc= % dispersed oil with no dispersant added
    20. Calculate the average dispersant effectiveness value by summing 
the corrected values (EFFD) for each of the four replicates 
for each of the two test oils and dividing this sum by eight.
    2.6 Performance criterion. The dispersant product tested will remain 
in consideration for addition to the NCP Product Schedule if the average 
dispersant effectiveness, as calculated in section 2.5 above, is at 
least 45% (i.e., 50%5%).
    2.7 Quality Control (QC) procedures for measurements of oil 
concentrations. 2.7.1 UV-visible spectrophotometric measurements. At 
least 5% of all UV-visible spectrophotometric measurements will be 
performed in duplicate as a QC check on the analytical measurement 
method. The absorbance values for the duplicates should agree within 
5% of their mean value.
    2.7.2 Method blanks. Analytical method blanks involve an analysis of 
seawater blanks (i.e., seawater but no oil or dispersant in a swirling 
flask vessel) through testing and analytical procedures (3, pp 79-80). 
Method blanks are analyzed with a frequency of at least 1 for every 12 
experimental swirling flask samples. Oil concentrations in method blanks 
must be <5% of that occurring for 100% dispersion of oil in testing 
apparatus.

              3.0 Revised standard dispersant toxicity test

    3.1 Summary of method. The standard toxicity test for dispersants 
and other products involves exposing two species (Menidia beryllina 
(silversides) and Mysidopsis bahia (mysid shrimp)) to five 
concentrations of the test product and No. 2 fuel oil alone and in a 
1:10 mixture of product to oil. To aid in comparing results from assays 
performed by different workers, reference toxicity tests are conducted 
using dodecyl sodium sulfate (DSS) as a reference toxicant. The test 
length is 96 hours for Menidia and 48 hours for Mysidopsis. 
LC50 s are calculated based on mortality data at the end of 
the exposure period (for method of calculation, see section 3.6 below).
    3.2 Selection and preparation of test materials.
    3.2.1 Test organisms.
    3.2.1.1 Menidia beryllina. Obtain fish (silversides) from a single 
source for each series of toxicity tests. In-house cultures are 
recommended wherever it is cost-effective; however, organisms are 
available from commercial suppliers. Information on the source of test 
organisms and any known unusual condition to which fish were exposed 
before use should be included in the data report. Use of animals 
previously treated with pesticides or chemotherapeutic agents should be 
avoided. Organisms should not be used if they appear to be unhealthy, 
discolored, or show signs of stress. Use 7-day old larval fish. Fish 
should be cultured in accordance with the methods outlined in Middaugh, 
et al. (5). There should be no need to acclimate organisms to the 
251 [deg]C temperature recommended for the 
toxicity tests if laboratory stock cultures of Menidia are maintained at 
the recommended culture temperature of 251 [deg]C. 
If test organisms must be obtained from a commercial source, it may 
become necessary to acclimate test fish to the test temperature of 
251 [deg]C, a pH of 8.00.2, 
and 202 ppt salinity since changes in temperature 
may occur during shipping. Eliminate groups of fish having a mortality 
of more than 10% during the first 48 hours, and more than 5% thereafter. 
During acclimation, organisms should be maintained on a diet of freshly 
hatched Artemia (brine shrimp) nauplii. Feed the fish daily to satiation 
during the acclimation period, and once daily during the 96-hour test. 
Care should be taken daily to remove excess food and fecal material from 
beakers during the test. Use only those organisms that feed actively and 
that appear to be healthy. Organisms should be free of disease, external 
parasites, and any signs of physical damage or stress. Discard any fish 
injured or dropped while handling.
    3.2.1.2 Mysidopsis bahia. Several methods for culturing Mysidopsis 
bahia (mysid shrimp) may be used and are noted in appendix A of Methods 
for Measuring the Acute Toxicity of Effluents and Receiving Waters to 
Freshwater and Marine Organisms (6). To ensure uniformity of mysids, 
recently hatched mysids should be collected daily from stock cultures 
and identified by the date of hatch. Mysids used in 48-hour tests should 
be from a single day's collection, but may have an age range of 5-7 days 
old. In cases where in-house cultures of mysids are unavailable, 
organisms may be purchased from a commercial source. Information on the 
source of test organisms should be submitted in the data report.
    3.2.2 Preparation of experimental water. Filtered natural seawater 
is recommended for use since it represents a natural source of saltwater 
containing an inherent population of microorganisms. Synthetic seawater 
formulated according to the following method can serve as an acceptable 
alternative to filtered, natural seawater for toxicity tests performed 
in laboratories in which natural seawater is unavailable.

[[Page 230]]

    3.2.3 Synthetic seawater formation. To prepare standard seawater, 
mix technical-grade salts with 900 liters of distilled or demineralized 
water in the order and quantities listed in table 4. These ingredients 
must be added in the order listed and each ingredient must be dissolved 
before another is added. Stir constantly after each addition during 
preparation until dissolution is complete. Add distilled or 
demineralized water to make up to 1,000 liters. The pH should now be 
8.00.2. To attain the desired salinity of 201 ppt, dilute again with distilled or demineralized 
water at time of use.
    3.3 Sampling and storage of test materials. Toxicity tests are 
performed with No. 2 fuel oil having the characteristics defined in 
table 5. Store oil used for toxicity tests in sealed containers to 
prevent the loss of volatiles and other changes. For ease in handling 
and use, it is recommended that 1,000-ml glass containers be used. To 
ensure comparable results in the bioassay tests, use oils packaged and 
sealed at the source. Dispose of unused oil in each open container on 
completion of dosing to prevent its use at a later date when it may have 
lost some of its volatile components. Run all tests in a bioassay series 
with oil from the same container and with organisms from the same group 
collected or secured from the same source.

                       Table 4--Synthetic Seawater
                             [Toxicity Test]
------------------------------------------------------------------------
                            Salt                               (g) \1\
------------------------------------------------------------------------
NaF........................................................          1.9
SrCl2 [middot] 6H2O........................................         13.0
H3 BO2.....................................................         20.0
KBr........................................................         67.0
KCl........................................................        466.0
CaC12 [middot] 2H2O........................................        733.0
Na2 SO4....................................................      2,660.0
MgCl2 [middot] 6H2O........................................      3,330.0
NaCl.......................................................     15,650.0
Na2SiO3 [middot] 9H2O......................................         13.0
EDTA \2\...................................................          0.4
NaHCO3.....................................................        133.0
------------------------------------------------------------------------
\1\ Amount added to 900 liters of water, as described in the text.
\2\ Ethylenediaminetetraacetate tetrasodium salt.

    3.4 General test conditions and procedures for toxicity tests.
    3.4.1 Temperature. For these toxicity tests, use test solutions with 
temperatures of 251 [deg]C.
    3.4.2 Dissolved oxygen and aeration.
    3.4.2.1 Menidia. Because oils contain toxic, volatile materials, and 
because the toxicity of some water-soluble fractions of oil and 
degradation products are changed by oxidation, special care must be used 
in the oxygenation of test solutions. Aeration during the test is 
generally not recommended but should be used to maintain the required 
dissolved oxygen (DO) in cases where low DO is observed. The DO content 
of test solutions must not drop below 60% saturation during the first 48 
hours of a static acute (96-hour) test and must remain between 40-100% 
after the first 48 hours of the test. Aeration at a rate of 10015 bubbles per minute is supplied by a serological 
pipette as needed for maintenance of DO. If aeration is necessary, all 
test chambers should be aerated. At this rate, and with the proper 
weight of fish, DO concentration should remain slightly above 4 ppm over 
a 96-hour period. Take DO measurements daily.

            Table 5--Test Oil Characteristics: No. 2 Fuel Oil
------------------------------------------------------------------------
                   Characteristic                      Minimum   Maximum
------------------------------------------------------------------------
Gravity ([deg]API)..................................     32.1      42.8
Viscosity kinematic at 100 [deg]F (cs)..............      2.35      3.00
Flash point ( [deg]F)...............................    150          ...
Pour point ( [deg]F)................................       ...      0
Cloud point ( [deg]F)...............................       ...     10
Sulfur (wt %).......................................       ...      0.35
Aniline point ( [deg]F).............................    125       180
Carbon residue (wt %)...............................       ...      0.16
Water (vol %).......................................       ...      0
Sediment (wt %).....................................       ...      0
Aromatics (vol %)...................................     10        15
Distillation:
 IBP ( [deg]F)......................................    347       407
 10% ( [deg]F)......................................    402       456
 50% ( [deg]F)......................................    475       530
 90% ( [deg]F)......................................    542       606
 End Point ( [deg]F)................................    596       655
Neutralization No...................................       ...      0.05
------------------------------------------------------------------------

    3.4.2.2 Mysidopsis. Achieve sufficient DO by ensuring that the 
surface area to volume ratio of the test solution exposed is large 
enough. Oxygen content should remain high throughout the test because of 
the low oxygen demand of the organisms. Aeration is not recommended 
during 48-hour acute toxicity tests unless the DO falls below 60% 
saturation.
    3.4.3 Controls. With each fish or mysid test or each series of 
simultaneous tests of different solutions, perform a concurrent control 
test in exactly the same manner as the other tests and under the 
conditions prescribed or selected for those tests. Use the diluent water 
alone as the medium in which the controls are held. There must be no 
more than 10% mortality among the controls during the course of any 
valid test.
    3.4.4 Reference toxicant. To aid in comparing results from tests 
performed by different workers and to detect changes in the condition of 
the test organisms that might lead to different results, perform 
reference toxicity tests with reagent grade DSS in addition to the usual 
control tests. Prepare a stock solution of DSS immediately before use by 
adding 1 gram of DSS per 500 ml of test water solution. Use exploratory 
tests before the full scale tests are begun to determine the amount of 
reference standard to be used in each of the five different 
concentrations.

[[Page 231]]

    3.4.5 Number of organisms. At a minimum, 20 organisms of a given 
species are exposed for each test concentration. For the toxicity test 
procedures using Menidia, place 10 fish in each of two jars. For the 
toxicity tests using Mysidopsis, place 10 larvae in each of two 
containers.
    3.4.6 Transfer of organisms. Organisms should be handled as little 
as possible in order to minimize stress. Transfer Menidia and Mysidopsis 
from the acclimatization aquaria to the test chambers with a pipette or 
a wide-bore, smooth glass tube (4 to 8 mm internal diameter) fitted with 
a rubber bulb. Dip nets should be avoided when handling larval fish and 
mysids. Do not hold fish out of the water longer than necessary and 
discard any specimen accidentally dropped or otherwise mishandled during 
transfer.
    3.4.6.1 Mysidopsis. To have the mysids ready for study, mysids may 
be sorted 24 hours prior to initiation of the 48-hour test. Transfer the 
mysids to a beaker containing a small volume of water; this vessel 
serves as a holding chamber during randomized transfer of the organisms 
to test solutions. Mysids are randomly selected from the batch of mysids 
in the holding chamber, and transferred to 50-ml beakers containing a 
small volume of seawater. One mysid is added per beaker using a small 
piece of flexible 500-[micro]m screening until all of the beakers 
contain one mysid. The process of random selection and sorting is 
continued until the appropriate number of mysids has been delivered to 
each of the 50-ml beakers. The mysids are gently released from the 50-ml 
beakers into larger beakers filled with an appropriate volume of 20-ppt 
seawater (25 [deg]C) to bring the total volume to 200 ml. The beakers 
are randomly placed into a temperature-controlled water bath to 
acclimate overnight at 25 [deg]C. The mysids are transferred to larger 
beakers (1-liter) for the 48-hour test after the addition of 800 ml of 
the test solution. A total of 10 mysids per beaker are used for 48-hour 
acute toxicity tests. A minimum of two replicate chambers are used for 
each test concentration and control.
    3.4.6.2 Menidia and Mysidopsis are fed 50 brine shrimp nauplii/
organism daily during the 96-hour and 48-hour tests. Excess food should 
be removed daily by aspirating with a pipette.
    3.4.7 Test duration and observations. 3.4.7.1 Menidia. Observe the 
number of dead fish in each test container and record at the end of each 
24-hour period. Fish are considered dead upon cessation of respiratory 
and all other overt movements, whether spontaneous or in response to 
mild mechanical prodding. Remove dead fish as soon as observed. Also 
note and report when the behavior of test fish deviates from that of 
control fish. Such behavioral changes would include variations in 
opercular movement, coloration, body orientation, movement, depth in 
container, schooling tendencies, and others. Abnormal behavior of the 
test organisms (especially during the first 24 hours) is a desirable 
parameter to monitor in a toxicity test because changes in behavior and 
appearance may precede mortality. Toxicants can reduce an organism's 
ability to survive natural stresses. In these cases, the mortality is 
not directly attributed to the toxicant, but most certainly is an 
indirect effect. Reports on behavioral changes during a toxicity test 
can give insight into the non-acute effects of the tested material. At 
the end of the 96-hour period, terminate the fish tests and determine 
the LC50 values. The acute toxicity test is terminated after 
four days of exposure. The number of surviving fish are counted and 
recorded for each chamber in accordance with standard EPA methods (6). 
The LC50 is calculated using survival data from the test in 
accordance with the methods described in the guidelines (6).
    3.4.7.2 Mysidopsis. Terminate the mysid test after 48 hours of 
incubation. To count the dead animals accurately, place the exposure 
vessels on a light table such that light passes through the bottom of 
the vessel. Most of the dead mysids will be on the bottom of the beaker 
and can readily be seen against the background of the light table. Also 
search the top of the liquid for mysids trapped there by surface 
tension. Exercise caution when determining death of the animals. 
Occasionally, an animal appears dead, but closer observation shows 
slight movement of an appendage or a periodic spasm of its entire body. 
For these tests, animals exhibiting any movement when touched with a 
pipette tip are considered alive. Account for all test animals to ensure 
accuracy since Mysidopsis bahia may disintegrate or be cannibalized by 
other mysids. Consider individuals not accounted for as dead. At the end 
of 48 hours of exposure, terminate the mysid assay and determine the 
LC50 values in accordance with the methods described in the 
guidelines (6).
    3.4.8 Physical and chemical determinations. 3.4.8.1 Menidia. 
Determine the temperature, DO, and pH of the test solutions before the 
fish are added and at 24-, 48-, 72-, and 96-hour exposure intervals. It 
is necessary to take measurements from only one of the replicates of 
each of the toxicant series.
    3.4.8.2 Mysidopsis. Determine the temperature, DO, and pH of the 
test solutions before the nauplii are added and at the 24- and 48-hour 
exposure interval. Measure DO and pH in only one of the replicates of 
each of the toxicant series.
    3.4.9 Testing laboratory. An ordinary heated or air-conditioned 
laboratory room with thermostatic controls suitable for maintaining the 
prescribed test temperatures generally will suffice to conduct the 
toxicity tests. Where ambient temperatures cannot

[[Page 232]]

be controlled to 251 [deg]C, use water baths with 
the necessary temperature controls.
    3.4.10 Test containers. For tests with fish or mysids, use 1-liter 
glass beakers measuring approximately 10 cm in diameter. In conducting 
the test, add to each beaker 1 liter of the test solution or seawater 
formulation aerated to saturation with DO. To add the liter volume 
easily and accurately, use a large volume (1-liter) graduated cylinder. 
Process all required glassware before each test. Immerse in normal 
hexane for 10 minutes. Follow this with a thorough rinse with hot tap 
water; three hot detergent scrubs; an additional hot tap-water rinse; 
and three rinses with distilled water. Oven or air dry the glassware in 
a reasonably dust-free atmosphere.
    3.5 Preparation of test concentrations. 3.5.1 Menidia. Place test 
jars (approximately 22.5 cm in height, 15 cm in diameter, 11 cm in 
diameter at the mouth) containing 2 liters of synthetic seawater on a 
reciprocal shaker. The shaker platform should be adapted to hold firmly 
six of the toxicity test jars. Add the desired amount of the petroleum 
product (if applicable) under test directly to each test jar. Dispense 
the appropriate amount of toxicant (if applicable) into the jars with a 
pipette. Tightly cap the test jars and shake for 5 minutes at 
approximately 315 to 333 2-cm (0.75-inch) strokes per minute in a 
reciprocal shaker or at approximately 150 to 160 rpm on orbital shakers. 
At the completion of shaking, remove the jars from the shaker and 
dispense 1 liter of the mixture to each of the 1-liter glass beakers. 
Randomly place beakers in a constant-temperature water bath or room, 
take water quality measurements, add fish, and initiate aeration.
    3.5.2 Mysidopsis. 3.5.2.1 To prepare test solutions for products and 
oil/product mixtures, blend or mix the test solutions with an electric 
blender having: speeds of 10,000 rpm or less; a stainless-steel cutting 
assembly; and a 1-liter borosilicate jar. To minimize foaming, blend at 
speeds below 10,000 rpm.
    3.5.2.2 For the product test solution, add 550 ml of the synthetic 
seawater to the jar, then with the use of a gas-tight calibrated glass 
syringe with a Teflon-tipped plunger, add 0.55 ml of the product and mix 
for 5 seconds.
    3.5.2.3 For the oil test solution, add 550 ml of the synthetic 
seawater to the jar. Then with the use of a gas-tight calibrated glass 
syringe equipped with a Teflon-tipped plunger, add 0.55 ml of the oil 
and mix for 5 seconds.
    3.5.2.4 For the oil/product mixture, add 550 ml of the synthetic 
seawater to the mixing jar. While the blender is in operation, add 0.5 
ml of the oil under study with the use of a calibrated syringe with a 
Teflon-tipper plunger and then 0.05 ml of the product as indicated 
above. Blend for 5 seconds after addition of product. These additions 
provide test solutions of the product, oil, and the oil/product mixture 
at concentrations of 1,000 ppm.
    3.5.2.5 Immediately after the test solutions are prepared, draw up 
the necessary amount of test solution with a gas-tight Teflon-tipped 
glass syringe of appropriate size and dispense into each of the five 
containers in each series. If the series of five concentrations to be 
tested are 10, 18, 32, 56, and 100 ppm, the amount of the test solution 
in the order of the concentrations listed above would be as follows: 10, 
18, 32, 56, and 100 ml.
    3.5.2.6 Each time a syringe is to be filled for dispensing to the 
series of test containers, start the mixer and withdraw the desired 
amount in the appropriate syringe while the mixer is in operation. Turn 
off immediately after the sample is taken to limit the loss of 
volatiles.
    3.5.2.7 Use exploratory tests before the full-scale test is set up 
to determine the concentration of toxicant to be used in each of the 
five different concentrations. After adding the required amounts of 
liquid, bring the volume in each of the test containers up to 800 ml 
with the artificial seawater. To ensure keeping each of the series 
separate, designate on the lid of each container the date, the material 
under test, and its concentration.
    3.5.2.8 When the desired concentrations are prepared, gently release 
into each beaker the 10 test Mysidopsis (previously transferred into 200 
ml of medium). This provides a volume of 1 liter in each test chamber. A 
pair of standard cover glass forceps with flat, bent ends is an ideal 
tool for handling and tipping the small beaker without risk of 
contaminating the medium.
    3.5.2.9 After adding the test animals, incubate the test beakers at 
251 [deg]C for 48 hours. Recommended lighting is 
2,000 lumens/m\2\ (200 ft-c) of diffused, constant, fluorescent 
illumination.
    3.5.2.10 Wash the blender thoroughly after use and repeat the above 
procedures for each series of tests. Wash the blender as follows: rinse 
with normal hexane; pour a strong solution of laboratory detergent into 
the blender to cover the blades; fill the container to about half of its 
volume with hot tap water; operate the blender for about 30 seconds at 
high speed; remove and rinse twice with hot tap water, mixing each rinse 
for 5 seconds at high speed; and then rinse twice with distilled water, 
mixing each rinse for 5 seconds at high speed.
    3.6 Calculating and reporting. At the end of the test period, the 
toxicity tests are terminated and the LC50 values are 
determined.
    3.6.1 Calculations. The LC50 is the concentration lethal 
to 50% of the test population. It can be calculated as an interpolated 
value based on percentages of organisms surviving at two or more 
concentrations, at which less than half and more than

[[Page 233]]

half survived. The LC50 can be estimated with the aid of 
computer programs or graphic techniques (log paper). The 95% confidence 
intervals for the LC50 estimate should also be determined.
    3.6.2 Reporting. The test product and oil and their source and 
storage are described in the toxicity test report. Note any observed 
changes in the experimental water or the test solutions. Also include 
the species of fish used; the sources, size, and condition of the fish; 
data of any known treatment of the fish for disease or infestation with 
parasites before their use; and any observations on the fish behavior at 
regular intervals during the tests. In addition to the calculated 
LC50 values, other data necessary for interpretation (e.g., 
DO, pH, other physical parameters, and the percent survival at the end 
of each day of exposure at each concentration of toxicant) should be 
reported.
    3.7 Summary of procedures. 3.7.1 Menidia:
    1. Prepare adequate stocks of the appropriate standard dilution 
water.
    2. Add 2 liters of the standard dilution water to the test jars. 
Each test consists of 5 replicates of each of 5 concentrations of the 
test material, a control series of 5 beakers, and a standard reference 
series of 5 different concentrations for a total of 35 beakers. 
Simultaneous performance of toxicity tests on the oil, product, and oil/
product mixture requires a total of 105 beakers.
    3. Add the determined amount (quarter points on the log scale) of 
test material to the appropriate jars. Preliminary tests will be 
necessary to define the range of definitive test concentrations.
    4. Cap the jars tightly with the Teflon-lined screw caps and shake 
for 5 minutes at 315 to 333 2-cm (0.75-inch) strokes per minute on a 
reciprocal shaker.
    5. Remove the jars from the shaker, take water quality data, 
dispense 1 liter of solution to the 1-liter glass beaker, and add 10 
acclimated fish per beaker.
    6. Aerate with 10015 bubbles per minute 
through a 1-ml serological pipette, as needed, to maintain DO above 4.0 
mg/l.
    7. Observe and record mortalities, water quality, and behavioral 
changes every 24 hours.
    8. After 96 hours, terminate the test, and calculate LC50 
values and corresponding confidence limits.
    3.7.2 Mysidopsis:
    1. Initiate the procedure for hatching the Mysidopsis in sufficient 
time before the toxicity test is to be conducted so that 5-7 day old 
larvae are available.
    2. With the use of a small pipette, transfer 10 Mysidopsis into 
small beakers, each containing 200 ml of the proper synthetic seawater.
    3. To prepare the test stock product and oil solutions, add 550 ml 
of the artificial seawater to the prescribed blender jar. By means of a 
gas-tight glass syringe with a Teflon-tipped plunger, add 0.55 ml of the 
product (or oil) and mix at 10,000 rpm for 5 seconds. To prepare the 
test stock oil/product mixture, add 550 ml of the standard seawater to 
the blender jar. While the blender is in operation (10,000 rpm), add 0.5 
ml of the oil, then 0.05 ml of the product with the use of a calibrated 
syringe with a Teflon-tipped plunger. Blend for 5 seconds after adding 
the product. One ml of these stock solutions added to the 100 ml of 
standard seawater in the test containers yields a concentration of 10 
ppm product, oil, or oil/product combination (the test will be in a 
ratio of 1 part product to 10 parts of oil).
    4. Each test consists of 5 replications of each of 5 concentrations 
of the material under study, a control series of 5 beakers and a 
standard reference series of 5 different concentrations, for a total of 
35 beakers. Simultaneous performance of toxicity tests on the oil, 
product, and oil/product mixture requires a total of 105 beakers. 
Immediately after preparing the test solution of the product or oil/
product solution, and using an appropriately sized syringe, draw up the 
necessary amount of test solution and dispense into each of the five 
containers in each series. Each time a syringe is to be filled for 
dispensing to the series of test containers, start the mixer and 
withdraw the desired amount in the appropriate syringe while the mixer 
is in operation. Turn mixer off immediately after the sample is taken to 
limit the loss of volatiles. After adding the required amount of the 
test oil/product or product mixture, bring the volume of liquid in each 
of the test containers up to 800 ml with the artificial seawater. When 
the desired concentrations have been prepared, gently release into each 
beaker the 10 mysids previously transferred into 200 ml of medium. This 
provides a volume of 1 liter in each test chamber.
    5. Wash the blender as prescribed for each series of tests.
    6. Incubate the test beakers at 251 [deg]C for 
48 hours with the prescribed lighting.
    7. Terminate the experiment after 48 hours, observe and record the 
mortalities, and determine the LC50 s and corresponding 
confidence limits.

               4.0 Bioremediation agent effectiveness test

    4.1 Summary of method. The bioremediation agent effectiveness 
testing protocol is designed to determine a product's ability to 
biodegrade oil by quantifying changes in the oil composition resulting 
from biodegradation. The protocol tests for microbial activity and 
quantifies the disappearance of saturated hydrocarbons and polynuclear 
aromatic hydrocarbons (PAHs). The sample preparation procedure extracts 
the oil phase into dichloromethane (DCM), with a subsequent solvent 
exchange into hexane. To effectively accomplish the goals of the testing

[[Page 234]]

protocol, it is necessary to normalize the concentration of the various 
analytes in oil to a non-biodegradable marker, either C2-or 
C3-phenanthrene, C2-chrysene, or hopane \1\ (7). 
The test method targets the relatively easy to degrade normal alkanes 
and the more resistant and toxic PAHs. It normalizes their 
concentrations to C2-or C3-phenanthrene, 
C2-chrysene, or C3017[alpha](H), 21[beta] (H)-
hopane on an oil weight basis (mg marker/kg oil, mg target analyte/kg 
oil). The analytical technique uses a high resolution gas chromatograph/
mass spectrometer (GC/MS) because of its high degree of chemical 
separation and spectral resolution. GC/MS has long been used to study 
the weathering and fate of oil spilled into the environment. For 
quantitative analyses, the instrument is operated in the selective ion 
detection (SIM) mode at a scan rate of greater than 1.5 scans per second 
to maximize the linear quantitative range and precision of the 
instrument. The sample preparation method does not exclude analysis of 
selected samples by GC/MS in the full scanning mode of operation to 
qualitatively assess changes in the oil not accounted for by the SIM 
approach. Performed concurrently with the chemical analysis described 
above is a microbiological analysis. The microbiological analysis is 
performed to determine and monitor the viability of the microbial 
cultures being studied. Under this procedure, microbial enumerations of 
hydrocarbon degraders are performed at each sampling event using a 
microtiter Most Probable Number (MPN) determination.
---------------------------------------------------------------------------

    \1\ Although any of these biomarkers can be used to conduct this 
test, it is recommended that hopane be used.
---------------------------------------------------------------------------

    4.2 Apparatus. The following materials and equipment are required 
for the protocol: Appropriate flasks and other glassware; sterile tubes; 
graduated cylinders (100-ml); deionized water; p-iodonitrotetrazolium 
violet dye; weighing pans or paper; 250-ml borosilicate glass Erlenmeyer 
flasks with screw tops; Pasteur pipettes; laboratory notebook; 
microtiter MPN plates (24-well) multi-channel pipetting device; dilution 
tube and caps; autoclave; environmental room or incubator; balance 
accurate to 0.1 mg (XD-400); GC/MS instrument equipped with a DB-5 
capillary column (30 m, 0.25-mm I.D., and 0.25-[micro]m film thickness) 
and a split/splitless injection port operating in the splitless mode, 
such as Hewlett-Packard 5890/5971 GC/MS (recommended for use); and an 
autosampler for testing multiple samples.
    4.3 Reagents and culture medium. 4.3.1 Preparation of seawater. All 
products are tested in clean natural seawater. Clean natural seawater 
means that the source of this seawater must not be heavily contaminated 
with industrial or other types of effluent. For example, seawater should 
not be obtained from a source near shipping channels or discharges of 
industrial or municipal wastewater, or with high turbidity. The seawater 
is used within seven days of collection. No microbial inoculum is added.
    4.3.2 Preparation of oil. A medium weight crude oil, Alaska North 
Slope (ANS), is artificially weathered by heating to 521 [deg]F to 
remove the light end hydrocarbons prior to experimental start-up (ANS 
521). The method is described in the Draft International Standard ISO/
DIS 8708 ``Crude Petroleum Oil--Determination of Distillation 
Characteristics Using 15 Theoretical Plates Columns'' by the 
International Organization for Standardization (8). The ANS521 crude oil 
can be obtained from the National Environmental Technology Applications 
Center's (NETAC) Bioremediation Products Evaluation Center (BPEC), 
University of Pittsburgh Applied Research Center, 615 William Pitt Way, 
Pittsburgh, PA, 15238, (412) 826-5511. The crude oil is heated to 190 
[deg]C (374 [deg]F) under atmospheric pressure. The system is then 
cooled and placed under vacuum (or under an atmospheric pressure of 20 
mm Hg) for the final distillation to an atmospheric equivalent boiling 
point of 272 [deg]C (521 [deg]F).
    4.3.3 Preparation of mineral nutrient solution. If a commercial 
product is strictly a microbial agent and does not contain its own 
nutrients, a mineral nutrient solution will be provided if requested by 
the product manufacturer or vendor. If a commercial product contains its 
own nutrients, no further nutrients will be added. The nutrient solution 
is a modified salt solution and is described below.
    4.3.3.1 Nutrient preparation:
    1. N&P Salts. The following salts are added to distilled water and 
made up to a 1,000-ml volume. Adjust final pH to 7.8. The solution is 
sterilized by autoclaving at 121 [deg]C at 15 psig for 20 minutes or by 
filtering through a sterile 0.22 [micro]m membrane filter.

Na2 HPO4.2H2--18.40 g
KNO3--76.30 g

    2. MgSO4.7H2 O solution. Dissolve 22.50 g in 
1,000 ml distilled water. The solution is sterilized by autoclaving at 
121 [deg]C at 15 psig for 20 minutes.
    3. CaCl2 solution. Dissolve 27.50 g in 1,000 ml of 
distilled water. The solution is sterilized by autoclaving at 121 [deg]C 
at 15 psig for 20 minutes.
    4. FeCl36H2 O solution. 
Dissolve 0.25 g in 1,000 ml of distilled water. The solution is 
sterilized by autoclaving at 121 [deg]C at 15 psig for 20 minutes.
    5. Trace Element Solution. The following salts are added to 
distilled water and made up to a 1,000-ml volume. The solution is 
sterilized by autoclaving at 121 [deg]C at 15 psig for 20 minutes.

MnSO4.H2 O--30.2 mg
H3 BO3--57.2 mg

[[Page 235]]

ZnSO4.7H2 O--42.8 mg
(NH4)6Mo7(O2)4--34.7 mg

    The pH of the nutrient solution is adjusted with a pH meter 
calibrated at room temperature (approximately 25 [deg]C) using 
commercial buffers of pH 4.0, 7.0, and 10.0 (Fisher Scientific), as 
appropriate, prior to use. The pH is adjusted with concentrated HCl or 
10 M NaOH, as appropriate.
    4.3.3.2 Final concentrations: Ten (10) ml of solution 1 and 2 ml of 
solutions 2-5 are added to non-sterile seawater and made up to a 1,000-
ml volume immediately prior to test start-up. This seawater/mineral 
nutrient solution is used for all flasks containing products requiring 
nutrient supplements and for the flasks containing no commercial 
additive. Seawater without the above nutrient solutions is used for 
products containing their own source of nutrients.
    4.4 Pretest preparation.
    4.4.1 Experimental setup.
    4.4.1.1 The procedure consists of an experimental shaker flask setup 
and the specific set of microbiological and chemical analyses that are 
performed on individual product samples. The following test flasks 
(labeled with unique identifiers) are prepared and set up on a gyratory 
shaker at day 0 to reflect the following treatment design:

----------------------------------------------------------------------------------------------------------------
                                                 No. of samples at sampling         Total No. of analytical
                                                           times                         determinations
                  Treatment                  -------------------------------------------------------------------
                                                                               Microbial
                                                Day 0      Day 7      Day 28     counts   Gravimetric    GC/MS
----------------------------------------------------------------------------------------------------------------
Control.....................................          3          3          3          9           9           9
Nutrient....................................          3          3          3          9           9           9
Product.....................................          3          3          3          9           9          9
----------------------------------------------------------------------------------------------------------------
Control = Oil + Seawater
Nutrient = Oil + Seawater + Nutrient
Product = Oil + Seawater + Product (+ Nutrient, if required).

    4.4.1.2 For each test, a sheet listing the number of flasks, types 
of controls, number of replicates, product to be tested, and other 
information is prepared. The following steps should be adhered to for 
the experimental setup:
    1. Borosilicate glass Erlenmeyer flasks (250-ml) are thoroughly 
cleaned and autoclaved for 20 minutes at 120 [deg]C at 15 psi, then 
dried in the drying oven.
    2. Flasks are labeled with the appropriate code: product or control, 
sample day, and letter indicating replicate.
    3. 100 ml of seawater is added to each flask.
    4. For nutrient and product treatments that require the addition of 
nutrients, seawater containing the nutrient solution is prepared.
    5. Pasteur pipettes should be sterilized in advance. Break off the 
tip to provide a larger opening prior to sterilization.
    6. Pour the approximate amount of oil to be used from the large 
stock bottle into a sterile beaker. Keep the beaker covered when oil is 
not being removed.
    7. The labeled flasks containing seawater and other additions, as 
necessary, are placed on the balance. The flask is tared. The 
appropriate amount of oil (0.5 g) is added drop by drop using a sterile 
Pasteur pipette with the tip broken off to provide a wider opening. Care 
is taken to avoid splashing the oil or getting it on the sides of 
flasks. Precautions are taken when handling and charging the flasks to 
minimize the likelihood of contamination by exogenous microbes. This 
includes using a new sterile pipette for each series of flasks.
    8. The weight of the oil is recorded in the laboratory notebook.
    9. The product is prepared and added to the appropriate flasks 
according to the manufacturer's or vendor's instructions.
    10. Flasks are carried upright and carefully placed in the holders 
on the shaker table to minimize the amount of oil that might adhere to 
the side of the flasks. Flasks in which a significant amount of oil is 
splashed on the sides are redone.
    11. The prepared flasks are shaken at 200 rpm at 20 [deg]C until 
such time that they will be removed for sampling.
    4.4.2 Sampling. The control and treatments (nutrient and product 
flasks) are sampled three times over a 28-day period: day 0, day 7, and 
day 28. The entire flask is sacrificed for analysis; a 0.5-ml aliquot is 
removed from each flask for the microbiological analysis and the 
remainder of each flask is used for the chemical analysis. Specific 
procedures for both the microbiological and chemical analysis are 
described below. At the time of each sampling event, physical 
observations of each flask should be recorded.
    4.5 Microbiological analysis. To monitor the viability of the 
microbial cultures being studied, microbial enumerations of hydrocarbon 
degraders are performed at each sampling event using a microtiter MPN 
determination. This is used as an indicator of the relative change in 
biomass. This test design relies on using growth response as an 
indication of enhanced activity as compared to a ``no addition'' 
control.

[[Page 236]]

    4.5.1 Media preparation. Media for microbial enumerations are 
carefully prepared according to manufacturer's or other instructions and 
sterilized using appropriate methods.
    4.5.1.1 General media treatment: Buy Bushnell-Haas (B-H) broth in 
quantities to last no longer than one year. Use media on a first-in, 
first-out basis. When practical, buy media in quarter-pound multiples, 
rather than one-pound multiples to keep supply sealed as long as 
possible. Keep an inventory of media, including kind, amount, lot 
number, expiration date, date received, and date opened. Check inventory 
before reordering media. Discard media that are caked, discolored, or 
show other deterioration.
    4.5.1.2 Sterile saline (pH adjusted):
    1. Weigh 30 g of NaCl.
    2. Dissolve in enough water to make 1,000 ml.
    3. Adjust pH to 8.0 with NaOH (10M and 0.5M).
    4. Sterilize by autoclaving for 15 minutes at 15 psig.
    4.5.1.3 Standard nutrient concentrate (add 1 ml to each 100 ml of 
Bushnell-Haas medium for MPNs):
    1. Weigh compounds listed below, dissolve in DIH2 O, 
dilute to 1 liter.

Potassium Phosphate, monobasic KH2 PO4--0.633 g
Potassium Phosphate, dibasic K2 HPO4--1.619 g
Sodium Phosphate, dibasic Na2 HPO4--2.486 g
Ammonium Chloride NH4 Cl--3.850 g
Magnesium Sulfate, heptahydrate MgSO4[middot]7H2 
          O--4.500 g
Calcium Chloride, dihydrate CaCl2[middot]2H2 O--
          7.290 g
Ferric Chloride, hexahydrate FeCl3[middot]6H2 O--
          0.250 g

Trace Elements

Manganese Sulfate, monohydrate MnSO2[middot]H2 O--
          6.04 mg
Boric Acid H3 Bo3--11.44 mg
Zinc Sulfate, heptahydrate ZnSO4[middot]7H2 O--
          8.56 mg
Ammonium Moybdate, tetrahydrate (NH4)6Mo7 
          O24[middot]4H2 O--6.94 mg
    2. Adjust pH to 6.0.
    3. Stir solution for approximately 3 hours, then filter through a 
Buchner funnel using 1 paper, which will retain approximately 
3.8 g of insolubles.
    4. Then filter through a 0.45 micron filter into sterile bottles.
    5. Cap bottles, label, and store in refrigerator until used.
    4.5.1.4 Quality assurance/Quality control (QA/QC):
    1. Periodically check the effectiveness of sterilization using 
commercially available tapes or Bacillus stearothermophilus spore 
suspensions, following the instructions with these products.
    2. Maintain a media log book that includes the dates, kinds and 
amounts of media made, pH, and any problems or observations.
    3. Before use, check plates and tubes for signs of contamination, 
drying, or other problems.
    4.5.1.5 Safety/Special precautions:
    1. Note any safety or other precautions for particular media.
    2. Note precautions to be followed when using the autoclave.
    3. Use gloves and other protective clothes when handling media.
    4. Use care in handling hot media.
    4.5.2 Microbial enumeration. Standardized techniques for performing 
Most Probable Number microbial enumerations are described below.
    4.5.2.1 Dilutions:
    1. Prior to sacrificing each flask, remove 0.5 ml of water from each 
flask and add it to a tube of 4.5 ml sterile phosphate buffer (1:10 
dilution) as prepared in the Standard Methods for the Examination of 
Water and Wastewater (9). Using sterile technique, mix and perform 
serial dilutions (0.5 ml of previous dilution to 4.5 ml of sterile 
phosphate buffer) to 10-9 dilution.
4.5.2.2 Inoculating MPN plates (oil degrader):
    1. Prepare sufficient sterile 0.4 M NaCl (23.4 g NaCl/1,000 ml B-H) 
and B-H at pH 7.0 to fill the number of wells required for the test 
(1.75 ml/well).
    2. Using sterile technique, add 1.75 ml of B-H broth to each well.
    3. Label the top of the plate with the proper dilution for each row.
    4. Add 0.1 ml of fluid from each dilution tube to each well in the 
appropriate row, starting with the most dilute.
    5. After adding the fluid to all the wells, add 20 [micro]l of 
sterilized No. 2 fuel oil to the top of each well.
    6. Incubate each plate at 20 [deg]C.
    7. After 14 days of incubation, add 100 [micro]l of p-
iodotetrazolium violet dye (50 mg/10 ml of D.I. water) to each well to 
determine growth.
    8. View plates against a white background to determine if color is 
present. Development of a purple or pink color upon standing for 45 
minutes constitutes a positive test.
    9. Record the number of positive wells and the dilutions at which 
they occur.
    10. Enter data into a computerized enumeration method using ``MPN 
Calculator'' software program (version 2.3 or higher) by Albert J. Klee, 
U.S. EPA Office of Research and Development, Risk Reduction Engineering 
Laboratory, Cincinnati, OH.
    4.5.2.3 Quality assurance/Quality control:
    1. Check pH of medium before preparing wells (pH should be 
approximately 8.0). Adjust pH, if necessary, with dilute NaOH.
    2. Keep prepared tetrazolium violet dye solution in the refrigerator 
in an amber bottle when not in use.

[[Page 237]]

    3. Have all laboratory personnel periodically run MPNs on the same 
sample to test precision.
    4.5.2.4 Safety/Special precautions:
    1. Use sterile technique in preparing solutions, dilutions, plates, 
and MPN wells.
    2. Do not pipette potentially hazardous solutions by mouth.
    3. Autoclave all plates and wells before discarding.
    4.6 Chemical analysis of oil composition.
    4.6.1 Sample procedure. After 0, 7, and 28 days of incubation on a 
rotary shaker, the appropriate flasks are sacrificed and extracted with 
dichloromethane and spiked with a surrogate recovery standard. A 10-ml 
aliquot of the DCM layer is used for the gravimetric analysis. If 
significant biodegradation is evident in the results of the gravimetric 
analysis, then a solvent exchange into hexane takes place prior to the 
GC/MS analysis. Follow steps 1-19 below when preparing for the chemical 
analysis.
    1. After 0, 7, and 28 days of rotary shaking and incubating at 20 
[deg]C, the reaction vessels are sacrificed. Prior to the chemical 
analysis, a 0.5-ml sample of the aqueous phase is removed for the 
microbiological analysis (see Microbial Enumeration above).
    2. A surrogate recovery standard is prepared in the following 
manner: 1,000 mg of d10-phenanthrene and 1,000 mg of 
5[alpha]-androstane are measured into a 500-ml volumetric flask and DCM 
is added to the mark to produce a 2,000-ng/[micro]l stock solution.
    3. A 100-[micro]l aliquot of the surrogate solution is added to each 
test flask. The final concentration of surrogates in each flask is 
approximately 4 ng/[micro]l of solvent in the final extract. The 
aliphatics and marker data should be corrected for percent recovery of 
the 5[alpha]-androstane surrogate and the aromatics for the 
d10-phenanthrene surrogate.
    4. The contents of the flask are placed into a 250-ml separatory 
funnel.
    5. Measure a total volume of 50 ml DCM for use in the extraction. 
Use 3 10-ml fractions to rinse the flask into the funnel and transfer 
the remaining aliquot of DCM to the funnel.
    6. Stopper and mix vigorously by shaking (approximately 50 times) 
while ventilating properly.
    7. Each funnel is set aside to allow the DCM and water layers to 
partition. This may take 5-10 minutes for some products, or up to 3 
hours if the product has caused the formation of an emulsion.
    8. Drain the first 10 ml of the DCM (bottom) layer, collect, cap, 
uniquely label, and use for gravimetric analysis (see below). Drain the 
remaining 40 ml and dry it by passing it through a funnel packed with 
anhydrous sodium sulfate.
    9. Assemble a Kuderna-Danish (KD) concentrator by attaching a Snyder 
column to an evaporation flask with a graduated concentrator tube. Align 
vertically and partially immerse concentrator tube in a water bath (10). 
Set the water bath to the appropriate temperature to maintain proper 
distillation.
    10. Collect the de-watered extract into the KD concentrator.
    11. Evaporate DCM to approximately 10 ml, then add approximately 50 
ml of the exchange solvent (hexane) and concentrate the volume to 10 ml.
    12. Rinse the flask into the concentrator tube with 50 ml hexane and 
concentrate to 10 ml. Repeat one more time with 50 ml of hexane.
    13. Remove concentrator tube with the recovered 10 ml of sample 
volume. The heavier residual material should be present as a precipitate 
(bottom layer).
    14. Centrifuge to aid the separation of the hexane from the 
precipitant fraction.
    15. Place hexane-soluble fraction (top layer)--approximately 1.0 
ml--into a GC/MS vial for analysis (see GC/MS Analysis Procedure below). 
If column fouling and deterioration of separation characteristics occur, 
an alumina column sample cleanup method can be considered (see 
Alternative GC/MS Sample Cleanup Procedure below).
    16. Analyze by GC/MS using the conditions determined by the U.S. EPA 
Risk Reduction Engineering Laboratory, Water and Hazardous Waste 
Treatment Research Division, in Cincinnati, OH, which follows U.S. EPA 
Method 8270 (see GC/MS Analysis Procedure below).
    17. Calculate surrogate recovery. If surrogate recovery is less than 
85 percent for the marker relative to the surrogate recovery standard 
(d10-phenanthrene), then the water layer should be extracted 
again using three separate extractions with DCM. Pool the three 
extractions with original extract and concentrate to 10 ml, and 
reanalyze by GC/MS.
    18. Drain the seawater into a storage sample vial/container.
    19. Seal the vial with a Teflon-lined cap and store frozen. This 
water layer is kept in case additional extractions are necessary.
    4.6.2 Gravimetric analysis. The initial means to evaluate the 
effectiveness of a bioremediation agent for oil spill response is 
through gravimetric analysis. A statistically significant difference (p 
< 0.05) in analytical weight of the oil from the control system as 
compared to the analytical weight of the oil treated with a 
bioremediation agent indicates biodegradation has successfully occurred. 
Hence, the disappearance of oil should be accompanied by significant 
decreases in total oil residue weight of extractable materials versus a 
control. If no significant decrease in oil residue weight is observed, 
the need to perform further chemical analysis should be evaluated. 
Follow steps 1-3 to conduct the gravimetric analysis.

[[Page 238]]

    1. The 10 ml of DCM extract (from Sample Procedure step 8 above) is 
placed in a small vial and concentrated to dryness by nitrogen blowdown 
techniques using a steady stream of nitrogen (pre-purified gas). If the 
oil is severely biodegraded, a larger volume of DCM (10 ml) 
may be necessary for the gravimetric analysis.
    2. The residue is weighed 3 times for the gravimetric weight of oil. 
Record the weight of the oil.
    3. Compare statistically (p < 0.05) the weight of the product 
treatment versus the weight of the control from each respective time 
period. If a significant decrease is observed in the sampling (flask 
containing bioremediation agent) weight, then proceed with the remainder 
of the sample procedure.
    4.6.3 GC/MS analysis. Often, analysis of saturated and aromatic 
hydrocarbons by capillary gas chromatography of DCM extracts leads to 
column fouling and deterioration of separation characteristics. An 
alternative, simple ``one-step'' alumina sample cleanup procedure can be 
performed on oil before injection; this cleanup removes both asphaltenes 
and polar compounds and can be applied to DCM extracts as well. This 
procedure is described in steps 1-11 below.
    4.6.3.1 Alternative GC/MS sample cleanup procedure:
    1. Weigh 4.0 g alumina (neutral, 80-200 mesh) into scintillation 
vials covered loosely with aluminum foil caps. Prepare one scintillation 
vial per sample. Heat for 18 hours at 300 [deg]C or longer. Place in a 
desiccator of silica until needed.
    2. Add 5.0 ml of DCM to a glass luerlok multi-fit syringe (e.g., BD 
2471) with stopcock (e.g., Perfectum 6021) in closed 
position, stainless steel syringe needle (18 gauge), and PTFE frits. 
Clamp in a vertical position.
    3. Transfer 4.0 g of prepared alumina to a plastic weighing boat and 
fill syringe slowly while applying continuous vibration (e.g., Conair 
 HM 11FF1).
    4. Add a second PTFE frit and push into place on top of the alumina 
bed.
    5. Drain 5.0 ml DCM to the top level of the column frit to await 
sample addition and discard DCM.
    6. Weigh 50 mg 0.1 mg ANS521 oil into a tared 
vial.
    7. Premeasure 10 ml of DCM into a graduated cylinder. Add 0.2 to 0.3 
ml of the DCM to the tared oil vial. Mix and transfer solvent to the 
column bed with a Pasteur pipette. Open stopcock and collect in a 10-ml 
volumetric flask. Repeat until approximately 1.0 ml (do not exceed 1.0 
ml) of DCM has rinsed the vial and inner walls of the syringe body into 
the 10-ml flask.
    8. Transfer balance of DCM from the graduated cylinder to the column 
and regulate the solvent flow rate to approximately 1 to 2 ml/minute. 
Collect all eluent in the 10-ml flask.
    9. Transfer a known volume of eluent to another scintillation vial 
and blow down to dryness (nitrogen).
    10. Determine and record weight.
    11. Dissolve in 1.0 ml hexane for the GC/MS analysis procedure (see 
below).
    4.6.3.2 GC/MS analysis procedure:
    Immediately prior to injection, an internal standard solution of 
four deuterated compounds is spiked into the sample extracts and 
injected. Samples are quantified using the internal standard technique 
(10) for both the aliphatic and aromatic fractions of the oil extracts 
in order to provide sufficient information that the oil is being 
degraded. To help ensure that the observed decline in target analytes is 
caused by biodegradation rather than by physical loss from mishandling 
or inefficient extraction, it is necessary to normalize the 
concentrations of the target analytes via a ``conserved internal 
marker.'' Conserved internal markers that have been found useful for 
quantification are C2- or C3-phenanthrene, 
C2-chrysene, and C3017[alpha](H),21[beta](H)-
hopane. Deuterated internal standards are used to calculate the relative 
response factor (RRF) for the target analyte(s). To compute the 
``normalized concentrations,'' the target analyte concentration at a 
given sampling time is simply divided by the selected conserved analyte 
concentration at the same sampling time (11). Conduct the GC/MS analysis 
using the following procedure.
    1. One (1) ml of the hexane extract (from Sample Procedure step 15 
above) is placed into a 1.5-ml vial for use on the autosampler of the 
GC/MS instrument.
    2. To this solution, 20 [micro]l of a 500-ng/[micro]l solution of 
the internal standards is added and the vial is capped for injection. 
The final concentration of the internal standards in each sample is 10 
ng/[micro]l. This solution contains 4 deuterated compounds: 
d8-naphthalene, d10-anthracene, d12-
chrysene, and d12-perylene.
    3. At the start of any analysis period, the mass spectrometer (MS) 
is tuned to PFTBA by an autotune program, such as the Hewlett-Packard 
quicktune routine, to reduce operator variability. Set the GC/MS in the 
SIM mode at a scan rate of 1.5 scans/second to maximize the linear 
quantitative range and precision of the instrument. Set all other 
conditions to those specified in Instrument Configuration and 
Calibration section below.
    4. An instrument blank and a daily standard are analyzed prior to 
analysis of unknowns. Internal standards are combined with the sample 
extracts and coinjected with each analysis to monitor the instrument's 
performance during each run.
    5. Information that should be included on the acquisition form 
include operator's name

[[Page 239]]

and signature, date of extraction, date and time of autotune, date of 
injection(s), instrument blank, daily standard mix injection, GC column 
number, and standards for the 5-point calibration curve.
    6. If the instrument is operated for a period of time greater than 
12 hours, the tune will be checked and another daily standard analyzed 
prior to continuing with analyses.

          Table 6--Analytes Listed Under the Corresponding Internal Standard Used for Calculating RRFs
----------------------------------------------------------------------------------------------------------------
        Internal Standard            d8-naphthalene       d10-anthracene      d12-chrysene       d12-perylene
----------------------------------------------------------------------------------------------------------------
Alkanes.........................  nC10-nC15...........  nC16-nC23........  nC24-nC29........  nC30-nC35.
                                                        Pristane.........  .................  C3017[beta](H),
                                                                                               21[alpha](H)-
                                                                                               hopane.
                                                        Phytane..........  .................  ..................
                                                        5[alpha]-          .................  ..................
                                                         androstane.
Aromatics.......................  Naphthalene.........  Dibenzothiophene.  Fluoranthene.....  Benzo(b)fluoranthe
                                                                                               ne.
                                                        Fluorene.........  Pyrene...........  Benzo(k)fluoranthe
                                                                                               ne.
                                                        Anthracene.......  Chrysene.........  Benzo(e)pyrene.
                                                        Phenanthrene.....  .................  Benzo(a)pyrene.
                                                                                              Perylene.
                                                                                              Indeno(g,h,i)pyren
                                                                                               e.
                                                                                              Dibenzo(a,h)
                                                                                               anthracene.
                                                                                              Benzo(1,2,3-
                                                                                               cd)perylene.
----------------------------------------------------------------------------------------------------------------

    7. The MS is calibrated using a modified version of EPA Method 8270 
(10). Specifically, the concentrations of internal standards are 10 ng/
[micro]l instead of 40 ng/[micro]l. A five-point calibration curve is 
obtained for each compound listed in table 6 prior to sample analysis at 
1, 5, 10, 25, and 50 ng/[micro]l. A 5-point calibration must be 
conducted on a standard mix of compounds to determine RRFs for the 
analytes. The standard mix (excluding the marker) for this calibration 
curve may be obtained from Absolute Standards, Inc., 498 Russell St., 
New Haven, CT, 06513, (800) 368-1131. If 
C3017[beta](H),21[alpha](H)-hopane is used, it may be 
obtained from Dr. Charles Kennicutt II, Geochemical and Environmental 
Research Group, Texas A&M University, 833 Graham Rd., College Station, 
TX, 77845, (409) 690-0095.
    8. Calculate each compound's relative response factor to its 
corresponding deuterated internal standard indicated above, using the 
following equation:

RRF=(Ax Cis)/(Ais Cx)(6)

where:

RRF=relative response factor
Ax=peak area of the characteristic ion for the compound being 
measured (analyte)
Ais=peak area of the characteristic ion for the specific 
internal standard
Cx=concentration of the compound being measured (ng/[micro]l)
Cis=concentration of the specific internal standard (10 ng/
[micro]l). (This concentration is a constant in this equation for the 
calibration curve.)
    9. Identify each analyte based on the integrated abundance from the 
primary characteristic ion indicated in table 7.
    10. Quantitate each analyte using the internal standard technique. 
The internal standard used shall be the one nearest the retention time 
of that of a given analyte (Table 8).

  Table 7--Primary Ions Monitored for Each Target Analyte During GC/MS
                                Analysis
------------------------------------------------------------------------
                              Compound                               Ion
------------------------------------------------------------------------
n-alkanes (C10-C35)................................................   85
Pristane...........................................................   85
Phytane............................................................   85
Naphthalene........................................................  128
C1-naphthalenes....................................................  142
C2-naphthalenes....................................................  156
C3-naphthalenes....................................................  170
C4-naphthalenes....................................................  184
Fluorene...........................................................  166
C1-fluorenes.......................................................  180
C2-fluorenes.......................................................  194
C3-fluorenes.......................................................  208
Dibenzothiophenes..................................................  184
C1-dibenzothiophenes...............................................  198
C2-dibenzothiophenes...............................................  212
C3-dibenzothiophenes...............................................  226
Anthracene.........................................................  178
Phenanthrene.......................................................  178
C1-phenanthrenes...................................................  192
C2-phenanthrenes...................................................  206
C3-phenanthrenes...................................................  220
Fluoranthene/pyrene................................................  202
C1-pyrenes.........................................................  216
C2-pyrenes.........................................................  230
Chrysene...........................................................  228
C1-chrysenes.......................................................  242
C2-chrysenes.......................................................  256
Hopanes (177 family)...............................................  177
Hopanes (191 family)...............................................  191
Steranes (217 family)..............................................  217
Benzo(b)fluoranthene...............................................  252
Benzo(k)fluoranthene...............................................  252
Benzo(e)pyrene.....................................................  252
Benzo(a)pyrene.....................................................  252
Perylene...........................................................  252
Ideno(g,h,i)pyrene.................................................  276
Dibenzo(a,h)anthracene.............................................  278
Benzo(1,2,3-cd)perylene............................................  276
d8-naphthalene.....................................................  136
d10-anthracene.....................................................  188

[[Page 240]]

 
d10-phenanthrene...................................................  188
d12-chrysene.......................................................  240
d12-perylene.......................................................  264
[alpha]-androstane.................................................  260
------------------------------------------------------------------------


                                    Table 8--Analytes and Reference Compounds
----------------------------------------------------------------------------------------------------------------
               Compound                   Reference compound            Compound            Reference compound
----------------------------------------------------------------------------------------------------------------
n-C10................................  n-C10..................  C2-naphthalene.........  Naphthalene.
n-C11................................  n-C11..................  C3-naphthalene.........  Naphthalene.
n-C12................................  n-C12..................  C4-naphthalene.........  Naphthalene.
n-C13................................  n-C13..................  Fluorene...............  Fluorene.
n-C14................................  n-C14..................  C1-fluorene............  Fluorene.
n-C15................................  n-C15..................  C2-fluorene............  Fluorene.
n-C16................................  n-C16..................  C3-fluorene............  Fluorene.
n-C17................................  n-C17..................  Dibenzothiophene.......  Dibenzothiophene.
Pristane.............................  Pristane...............  C1-dibenzothiophene....  Dibenzothiophene.
n-C18................................  n-C18..................  C2-dibenzothiophene....  Dibenzothiophene.
Phytane..............................  Phytane................  C3-dibenzothiophene....  Dibenzothiophene.
n-C19................................  n-C19..................  Phenanthrene...........  Phenanthrene.
n-C20................................  n-C20..................  Anthracene.............  Anthracene.
n-C21................................  n-C21..................  C1-phenanthrene........  Phenanthrene.
n-C22................................  n-C22..................  C2-phenanthrene........  Phenanthrene.
n-C23................................  n-C23..................  C3-phenanthrene........  Phenanthrene.
n-C24................................  n-C24..................  Fluoranthene...........  Fluoranthene.
n-C25................................  n-C25..................  Pyrene.................  Pyrene.
n-C26................................  n-C26..................  C1-pyrene..............  Pyrene.
n-C27................................  n-C27..................  C2-pyrene..............  Pyrene.
n-C28................................  n-C28..................  Chrysene...............  Chrysene.
n-C29................................  n-C29..................  C1-chrysene............  Chrysene.
n-C30................................  n-C30..................  C2-chrysene............  Chrysene.
n-C31................................  n-C31..................  Benzo(b)fluoranthene...  Benzo(b)fluoranthene.
n-C32................................  n-C32..................  Benzo(k)fluoranthene...  Benzo(k)fluoranthene.
n-C33................................  n-C33..................  Benzo(e)pyrene.........  Benzo(e)pyrene.
n-C34................................  n-C34..................  Benzo(a)pyrene.........  Benzo(a)pyrene.
n-C35 C3017[alpha],21[beta]-hopane...  n-C35                    Perylene                 Perylene
                                        C3017[alpha],21[beta]-   ideno(g,h,i)pyrene.      ideno(g,h,i)pyrene.
                                        hopane.
5[alpha]-androstane..................  5[alpha]-androstane....  Dibenzo(a,h)anthracene.  Dibenzo(a,h)anthracene.
C1-naphthalene.......................  Naphthalene............  Benzo(1,2,3-cd)perylene  Benzo(1,2,3-
                                                                                          cd)perylene.
----------------------------------------------------------------------------------------------------------------

    11. Use equation 7 to calculate the concentration of analytes in ng/
mg (ppm) oil:

Concentration (ng/mg)=(Ax Is Vtx 
1,000)/(Ais(RRF)Vi Mo)(7)

where:

Ax=peak area of characteristic ion for compound being 
measured
Is=amount of internal standard injected, in ng (i.e., 20 ng)
Vt=volume of the total DCM extract (50 ml)
Ais=peak area of the characteristic ion of the internal 
standard
RRF=relative response factor
Vi=volume of the extract injected (2 [micro]l)
Mo=total mass of the oil added to the flask, mg
    12. Compute the ``normalized concentrations'' for each target 
analyte concentration at a given sampling time (equation 7) by simply 
dividing by the conserved internal marker concentration at the same 
sampling time.
    4.6.4 Generally accepted laboratory procedures. Samples are 
immediately logged into the laboratory, where they will be given a 
unique sample identification based on Julian data and the number logged 
in. Prior to the analysis of any experimental samples, a five-point 
standard curve is prepared. One of the mid-range standard curve 
concentration levels is analyzed daily before sample analysis as a 
continuing standard. RRFs for all target analytes should be within 25% 
of the standard curve response values at day 0, and at any sampling 
event the check standard percent difference from the initial five-point 
calibration must not exceed 20% between the before and after daily 
standard mix (see below). The collected GC/MS data are initially 
processed by a macro routine, which performs extracted chromatographic 
plots of the target compounds, integrates the target compounds, and 
shows integration results to include tabular numbers. The integration 
values are then transferred to a spreadsheet format to be quantified. 
Because of the complexity of the analyte matrix (oil), a very high 
degree of manual verification and reintegration of the spectral data is 
required.

[[Page 241]]

    4.6.5 QA/QC procedures. The reliability of this method is dependent 
on the QA/QC procedures followed. Before and after each analytical batch 
(approximately 10 samples), analyze one procedural blank, one duplicate, 
and one calibration verification standard (10 ng/[micro]l). Analyze one 
reference crude oil standard. The instrument's performance and 
reproducibility are validated routinely in this manner. Surrogate 
recoveries should be within 70 to 120%, and duplicate relative percent 
difference values should be 20%. A control chart 
of the standard oil should be prepared and monitored. Variations of 
analytes in the control chart should be no more than 25% from the 
historical averages. Injection port discrimination for n-C25 and greater 
alkanes must be carefully monitored; the ratio of RRF n-C32/RRF n-C21 
alkanes should not be allowed to fall below 80%. The mass discrimination 
can be reduced by replacing the quartz liner in the injection port after 
every analytical batch. The instrument's performance and reproducibility 
are validated routinely by analyzing the reference crude oil standard. 
All analyses are recorded in instrument logs detailing operating 
conditions, date and time, file name, etc. After analysis, the sample 
extracts are archived at refrigeration temperatures. To document QA/QC, 
the following information is contained in the detailed quantitative 
reports: average RRF derived from the standard curve; RRF from the daily 
standard; percent relative standard deviation; area of target analyte; 
concentration determined both on a weight and volume basis; and values 
for any surrogates and internal standards.
    4.6.6 Instrument configuration and calibration. A 2-ml aliquot of 
the hexane extract prepared by the above procedure is injected into a 
GC/MS instrument, such as the Hewlett-Packard 5890/5971 GC/MS 
(recommended for use). This instrument should be equipped with a DB-5 
capillary column (30 m, 0.25-mm I.D., and 0.25-[micro]m film thickness) 
and a split/splitless injection port operating in the splitless mode. 
Table 9 summarizes the temperature program used for the analysis. This 
temperature program has been optimized to give the best separation and 
sensitivity for analysis of the desired compounds on the instrument. 
Prior to the sample analysis, a five-point calibration must be conducted 
on a standard mix of the compounds listed in table 7 to determine RRFs 
for the analyses.

     Table 9--Operating Conditions and Temperature Program of GC/MS
------------------------------------------------------------------------
                          Operating conditions
-------------------------------------------------------------------------
                        Injector port--290 [deg]C
                        Transfer line--320 [deg]C
                       Total run time--73 minutes
                  Column flow rate (He)--1.0 ml/minute
------------------------------------------------------------------------


 
                                               Temperature Program
-----------------------------------------------------------------------------------------------------------------
                                                                      Temp.             Rate,
                               Level                                    1,    Time 1,  [deg]C/  Temp 2,  Time 2,
                                                                      [deg]C  minutes   minute   [deg]C  minutes
----------------------------------------------------------------------------------------------------------------
Level 1............................................................       55        3        5      280        5
Level 2............................................................      280        0        3      310       10
----------------------------------------------------------------------------------------------------------------

    4.7 Statistical analysis. The determination of a bioremediation 
agent's effectiveness will be partially based upon the results of a 
statistical analysis of the shaker flask experiment. The experimental 
design for this test is a two factorial design. This two-way analysis of 
variance (ANOVA) will be used to determine data trends. The statistical 
method is designed to test various types of bioremediation treatments 
including microbial, nutrient, enzyme, and combination products. The 
following is a summary of the statistical methods to be used to evaluate 
the analytical data obtained from all product tests. The experimental 
design, data analysis methodology, interpretation of results, required 
documentation, and a numeric example are outlined below.
    4.7.1 Experimental design. The experimental design for this test is 
known as a factorial experiment with two factors. The first factor is 
product/control group; the second factor is time (measured in days). For 
example, if two groups (product A and a non-nutrient control) are tested 
at each of three points in time (day 0, 7, and 28), the experiment is 
called a 2x3 factorial experiment. There will be three replications 
(replicated shaker flasks) of each group-time combination.
    4.7.2 Data analysis methods. For each analyte and each product used, 
a product is considered a success by the demonstration of a 
statistically significant difference between the mean analyte 
degradation by the product and the mean analyte degradation by the non-
nutrient control. Such a determination will be made by performing an 
ANOVA on the sample data. The technical aspects of this procedure are 
outlined in Snedecor and Cochran (12). Most statistical software 
packages support the use of two-way ANOVA. However, the format required 
for the input data differs among the various commercial packages. 
Whichever package is used, the following ANOVA table will be provided as 
part of the output. In the Degree of Freedom column of table 10, p = the 
number of product/control groups, t = the number of days at which each 
group is analyzed, and n = the number of replications. For the example 
of the 2x3 factorial experiment discussed above, p=2, t=3, and n=3. The 
significance of the F-statistics (as indicated by their corresponding p-
values) are used to interpret the analysis.

[[Page 242]]



                                          Table 10--Two-Way ANOVA Table
----------------------------------------------------------------------------------------------------------------
                               Degree of freedom
            Source                    (df)         Sum of squares      Mean square       F-Statistic     p-Value
----------------------------------------------------------------------------------------------------------------
Group........................  p-1                SSG               MSG-MSG/MSE       MSG/MSE                \1\
Time.........................  t-1                SST               MST-MST/MSE       MST/MSE                \1\
Interaction..................  (p-1)(t-1)         SSI               MSI-MSI/MSE       MSI/MSE                \1\
Error........................  pt(n-1)            SSE               MSE-SSE
      Total..................  npt-1              SSTOT
----------------------------------------------------------------------------------------------------------------
\1\ To be determined from the value of the F-statistic.

    4.7.3 Interpretation. 4.7.3.1 If the F-statistic for the interaction 
is significant at the 0.05 level (i.e., p-value is less than 0.05), the 
data indicate that the mean response of at least two groups being tested 
differ for at least one point in time. In order to find out which groups 
and at which points in time the difference occurs, pairwise comparisons 
between the group means should be conducted for all time points. These 
comparisons can be made using protected least squared difference (LSD) 
or Dunnett mean separation techniques. The protected LSD procedure is 
detailed in Snedecor and Cochran (12); the Dunnett procedure is outlined 
in Montgomery (13). For both methods, the mean square error (MSE) from 
the two-way ANOVA table should be used to compute the separation values.
    4.7.3.2 If the F-statistic for the interaction is not significant at 
the 0.05 level (i.e., p-value not less than 0.05), but the F-statistic 
for the group is significant (i.e., p-value is less than 0.05), the data 
indicate that any differences that exist among the group means are 
consistent across time. To find out which group means differ, a pairwise 
comparison of the group means should be carried out by pooling data 
across all points in time. Again, the MSE from the two-way ANOVA table 
should be used to compute the separation values.
    4.7.3.3 If the F-statistic corresponding to both interaction and 
group are not significant at the 0.05 level, the data indicate no 
difference between the group means at any point in time. In this case, 
no further analysis is necessary.
    4.7.3.4 Finally, Snedecor and Cochran (12) use caution concerning 
the use of multiple comparisons. If many such comparisons are being 
conducted, then about 5% of the tested differences will erroneously be 
concluded as significant. The researcher must guard against such 
differences causing undue attention.
    4.7.4 Required documentation. 4.7.4.1 The following documents should 
be included to summarize the findings from a product test.
    1. Data listings for each analyte that was analyzed. These should 
show all raw data.
    2. A table of summary statistics for each analyte. The table should 
include the mean, standard deviation, and sample size for each group at 
each day.
    3. An ANOVA table for each analyte. The table should be of the same 
format as table 10.
    4. A clear summary of the mean separations (if mean separations were 
necessary). The mean separation methods (LSD or Dunnett), the 
significance level, the minimum significant difference value, and the 
significant differences should be clearly marked on each output page.
    5. All computer outputs should be included. No programming 
alterations are necessary. The specific computer package used to analyze 
the data should be included in the report.

    Example. An analysis of the total aromatic data (in ppm) was 
conducted for the following three groups:
    Group 1: Non-nutrient Control
    Group 2: Nutrient Control
    Group 3: Test Product

    4.7.4.2 The raw data are shown in table 11. Note the three 
replications for each group-time combination.

           Table 11--Product Test Data, Total Aromatics (ppm)
------------------------------------------------------------------------
                                               Group 1  Group 2  Group 3
------------------------------------------------------------------------
Day 0........................................     8153     7912     7711
                                                  8299     8309     8311
                                                  8088     8111     8200
Day 7........................................     8100     7950     6900
                                                  8078     8200     6702
                                                  7999     8019     5987
Day 28.......................................     8259     8102     4000
                                                  8111     7754     3875
                                                  8344     7659     3100
------------------------------------------------------------------------

    4.7.4.3 Table 12 gives the summary statistics (number of 
observations, means, and standard deviations) for each group-time 
combination.

Table 12--Summary Statistics for Product Test Data Total Aromatics (ppm)
------------------------------------------------------------------------
                                                                Standard
                 Time                   Product   n     Mean   deviation
------------------------------------------------------------------------
Day 0................................   Group 1    3  8,180.0     108.1

[[Page 243]]

 
                                        Group 2    3  8,110.7     198.5
                                        Group 3    3  8,074.0     319.2
Day 7................................   Group 1    3  8,059.0      53.1
                                        Group 2    3  8,056.3     129.1
                                        Group 3    3  6,529.7     480.3
Day 28...............................   Group 1    3  8,238.0     117.9
                                        Group 2    3  7,838.3     233.2
                                        Group 3    3  3,658.3     487.6
------------------------------------------------------------------------

    4.7.4.4 Table 13 shows the results of the two-way ANOVA.

                                      Table 13--Example Two-Way ANOVA Table
----------------------------------------------------------------------------------------------------------------
                                                                                                  F-
                       Source                          df    Sum of squares    Mean square    statistic  p-value
----------------------------------------------------------------------------------------------------------------
Group..............................................      2    23,944,856.41    11,972,428.70    151.94    0.0001
Time...............................................      2    10,954,731.19     5,477,365.59     69.51    0.0001
Interaction........................................      4    19,347,589.04     4,836,897.26     61.39    0.0001
Error..............................................     18     1,418,303.33        78,794.63  .........  .......
                                                    ------------------------------------------------------------
      Total........................................     26    55,665,480.96  ...............  .........  .......
----------------------------------------------------------------------------------------------------------------

    4.7.4.5 From table 13, it can be seen that the F-statistic for 
interaction is significant (F=61.39, p=0.0001). This indicates that 
group differences exist for one or more days. Protected LSD mean 
separations were then conducted for each day to determine which group 
differences exist. The results are summarized in table 14. Note that 
means with the same letter (T grouping) are not significantly different.

            Table 14--Pairwise Protected LSD Mean Separation
------------------------------------------------------------------------
           T grouping              Mean     n          Interaction
------------------------------------------------------------------------
A..............................   8,338.0    3  Group 1, Day 28.
A..............................   8,180.0    3  Group 1, Day 0.
A..............................   8,110.7    3  Group 2, Day 0.
A..............................   8,074.0    3  Group 3, Day 0.
A..............................   8,059.0    3  Group 1, Day 7.
A..............................   8,056.3    3  Group 2, Day 7.
A..............................   7,838.3    3  Group 2, Day 28.
B..............................   6,529.7    3  Group 3, Day 7.
C..............................   3,658.3    3  Group 3, Day 28.
------------------------------------------------------------------------
Significant Level = 0.05.
Degrees of Freedom = 18.
Mean Square Error = 78794.63.
Critical Value = 2.10.
Least Significant Difference = 481.52.

    4.7.4.6 The grouping letters indicate that the product mean values 
(group 3) at day 7 and day 28 are significantly different from those of 
both the nutrient control (group 2) and the non-nutrient control (group 
1) for those days. No other significant differences are shown. 
Therefore, in terms of total aromatic degradation, the test indicates 
the desired statistically significant difference between the mean of the 
product and the mean of the non-nutrient control.

            5.0 Bioremediation agent toxicity test [Reserved]

             6.0 Summary technical product test data format.

    The purpose of this format is to summarize in a standard and 
convenient presentation the technical product test data required by the 
U.S. Environmental Protection Agency before a product may be added to 
EPA's NCP Product Schedule, which may be used in carrying out the 
National Oil and Hazardous Substances Pollution Contingency Plan. This 
format, however, is not to preclude the submission of all the laboratory 
data used to develop the data summarized in this format. Sufficient data 
should be presented on both the effectiveness and toxicity tests to 
enable EPA to evaluate the adequacy of the summarized data. A summary of 
the technical product test data should be submitted in the following 
format. The numbered headings should be used in all submissions. The 
subheadings indicate the kinds of information to be supplied. The listed 
subheadings, however, are not exhaustive; additional relevant 
information should be reported where necessary. As noted, some 
subheadings may apply only to particular types of agents.
    I. Name, Brand, or Trademark
    II. Name, Address, and Telephone Number of Manufacturer
    III. Name, Address, and Telephone Numbers of Primary Distributors
    IV. Special Handling and Worker Precautions for Storage and Field 
Application
    1. Flammability.
    2. Ventilation.
    3. Skin and eye contact; protective clothing; treatment in case of 
contact.

[[Page 244]]

    4. Maximum and minimum storage temperatures; optimum storage 
temperature range; temperatures of phase separations and chemical 
changes.
    V. Shelf Life
    VI. Recommended Application Procedure
    1. Application method.
    2. Concentration, application rate (e.g., gallons of dispersant per 
ton of oil).
    3. Conditions for use: water salinity, water temperature, types and 
ages of pollutants.
    VII. Toxicity (Dispersants, Surface Washing Agents, Surface 
Collecting Agents, and Miscellaneous Oil Spill Control Agents)

------------------------------------------------------------------------
  Materials Tested              Species                  LC50 (ppm)
------------------------------------------------------------------------
Product              Menidia beryllina             96-hr.
                     Mysidopsis bahia 2            48-hr.
No. 2 fuel oil       Menidia beryllina             96-hr.
                     Mysidopsis bahia              48-hr.
Product and No. 2    Menidia beryllina             96-hr.
 fuel oil (1:10)     Mysidopsis bahia              48-hr.
------------------------------------------------------------------------

    VIII.(a). Effectiveness (bioremediation agents). Raw data must be 
reported according to the format shown below. The first column lists the 
names of the analytes measured by GC/MS (SIM), the surrogate standards, 
and various ratios and sums. In the next three columns, the 
concentration of the analytes (ng/mg oil), the concentration of the 
analytes corrected for the recovery of the surrogate standard ([alpha]-
androstane for alkanes, d10-phenanthrene for aromatics), and 
the concentration of corrected analytes normalized against the conserved 
internal marker, respectively, are reported for the first replicate from 
the first sampling event. These three columns are each repeated for the 
next two replicates, giving 9 total columns for the product of interest. 
The next 9 columns are the same as the product columns except they are 
for the non-nutrient control. The last nine columns are for the nutrient 
control. Thus, a total of 28 columns are needed in the spreadsheet. This 
spreadsheet is for the first sampling event (day 0). Two more identical 
spreadsheets will be needed for each of the next two sampling events 
(days 7 and 28). For the statistical analysis, a report showing the two-
way analysis of variance (ANOVA) table created by the software used by 
the investigator must be shown in its entirety along with the name of 
the software package used. Another printout showing the mean separation 
table (protected LSD test results) generated by the software must be 
reported. The statistical analyses are conducted using the sum of the 
alkane concentrations and the sum of the aromatics concentrations from 
the raw data table. Thus, two ANOVAs are run for each sampling event, 
one for total alkanes and one for total aromatics, giving a total of 6 
ANOVAs for a product test (2 ANOVAs x 3 sampling events). Only if 
significant differences are detected by a given ANOVA will it be 
necessary to run a protected LSD test.

                                Bioremediation Agent Effectiveness Test Raw Data
                      [Date: . Testing Date: 0, 7, 28 (Circle One). Initial Oil Weight: .]
----------------------------------------------------------------------------------------------------------------
                                                        Product Replicate 1
                                     --------------------------------------------------------- Product Replicate
                                      Concentration ng/      Surrogate        Normalized to            2
                                              mg          corrected ng/mg      marker ng/mg
----------------------------------------------------------------------------------------------------------------
Alkane Analyte                        .................  .................  .................  .................
    n-C10...........................  .................  .................  .................  .................
    n-C11...........................  .................  .................  .................  .................
    n-C12...........................  .................  .................  .................  .................
    n-C13...........................  .................  .................  .................  .................
    n-C14...........................  .................  .................  .................  .................
    n-C15...........................  .................  .................  .................  .................
    n-C16...........................  .................  .................  .................  .................
    n-C17...........................  .................  .................  .................  .................
    pristane........................  .................  .................  .................  .................
    n-C18...........................  .................  .................  .................  .................
    phytane.........................  .................  .................  .................  .................
    n-C19...........................  .................  .................  .................  .................
    n-C20...........................  .................  .................  .................  .................
    n-C21...........................  .................  .................  .................  .................
    n-C22...........................  .................  .................  .................  .................
    n-C23...........................  .................  .................  .................  .................
    n-C24...........................  .................  .................  .................  .................
    n-C25...........................  .................  .................  .................  .................
    n-C26...........................  .................  .................  .................  .................
    n-C27...........................  .................  .................  .................  .................
    n-C28...........................  .................  .................  .................  .................
    n-C29...........................  .................  .................  .................  .................
    n-C30...........................  .................  .................  .................  .................
    n-C31...........................  .................  .................  .................  .................
    n-C32...........................  .................  .................  .................  .................
    n-C33...........................  .................  .................  .................  .................
    n-C34...........................  .................  .................  .................  .................
    n-C35...........................  .................  .................  .................  .................

[[Page 245]]

 
    n-C36...........................  .................  .................  .................  .................
    [alpha]-androstane..............  .................  .................  .................  .................
    Total alkanes...................  .................  .................  .................  .................
    n-C17:pristane..................  .................  .................  .................  .................
    n-C18:phytane...................  .................  .................  .................  .................
Aromatic Analyte:                     .................  .................  .................  .................
    naphthalene.....................  .................  .................  .................  .................
    C1-naphthalenes.................  .................  .................  .................  .................
    C2-naphthalenes.................  .................  .................  .................  .................
    C3-naphthalenes.................  .................  .................  .................  .................
    C4-naphthalenes.................  .................  .................  .................  .................
    dibenzothiophene................  .................  .................  .................  .................
    fluorene........................  .................  .................  .................  .................
    C1-fluorenes....................  .................  .................  .................  .................
    C2-fluorenes....................  .................  .................  .................  .................
    C3-fluorenes....................  .................  .................  .................  .................
    C1-dibenzothiophenes............  .................  .................  .................  .................
    C2-dibenzothiophenes............  .................  .................  .................  .................
    C3-dibenzothiophenes............  .................  .................  .................  .................
    phenanthrene....................  .................  .................  .................  .................
    anthracene......................  .................  .................  .................  .................
    C1-phenanthrenes................  .................  .................  .................  .................
    C2-phenanthrenes................  .................  .................  .................  .................
    C3-phenanthrenes................  .................  .................  .................  .................
    naphthobenzothio................  .................  .................  .................  .................
    C1-naphthobenzothio.............  .................  .................  .................  .................
    C2-naphthobenzothio.............  .................  .................  .................  .................
    C3-naphthobenzothio.............  .................  .................  .................  .................
    fluoranthene....................  .................  .................  .................  .................
    pyrene..........................  .................  .................  .................  .................
    C1-pyrenes......................  .................  .................  .................  .................
    C1-pyrenes......................  .................  .................  .................  .................
    chrysene........................  .................  .................  .................  .................
    benzo(a)anthracene..............  .................  .................  .................  .................
    C1-chrysenes....................  .................  .................  .................  .................
    c2-chrysenes....................  .................  .................  .................  .................
    benzo(b)fluoranth...............  .................  .................  .................  .................
    benzo(k)fluoranth...............  .................  .................  .................  .................
    benzo(e)pyrene..................  .................  .................  .................  .................
    benzo(a)pyrene..................  .................  .................  .................  .................
    perylene........................  .................  .................  .................  .................
    indeno(1,2,3-cd)per.............  .................  .................  .................  .................
    benzo(g,h,i)pyrene..............  .................  .................  .................  .................
    dibenz(ah)anthrac...............  .................  .................  .................  .................
    [alpha],[beta]-hopane...........  .................  .................  .................  .................
    d8-naphthalene..................  .................  .................  .................  .................
    d10-phenanthrene................  .................  .................  .................  .................
    d12-chrysene....................  .................  .................  .................  .................
    d12-perylene....................  .................  .................  .................  .................
      Total aromatics...............  .................  .................  .................  .................
    Grav. weight oil................  .................  .................  .................  .................
    No. oil degraders/ml............  .................  .................  .................  .................
----------------------------------------------------------------------------------------------------------------

    VIII.(b). Toxicity (Bioremediation Agents) [Reserved]
    IX. Microbiological Analysis (Bioremediation Agents)
    X. Physical Properties of Dispersant/Surface Washing Agent/Surface 
Collecting Agent/Miscellaneous Oil Spill Control Agent:
    1. Flash Point: ( [deg]F)
    2. Pour Point: ( [deg]F)
    3. Viscosity: ------ at ------ [deg]F (furol seconds)
    4. Specific Gravity: ------ at ------ [deg]F
    5. pH: (10% solution if hydrocarbon based)
    6. Surface Active Agents (Dispersants and Surface Washing Agents) 
\2\
---------------------------------------------------------------------------

    \2\ If the submitter claims that the information presented under 
this subheading is confidential, this information should be submitted on 
a separate sheet of paper clearly labeled according to the subheading 
and entitled ``Confidential Information.''

---------------------------------------------------------------------------

[[Page 246]]

    7. Solvents (Dispersants and Surface Washing Agents)
    8. Additives (Dispersants and Surface Washing Agents)
    9. Solubility (Surface Collecting Agents)
    XI. Analysis for Heavy Metals, Chlorinated Hydrocarbons, and Cyanide 
(Dispersants, Surface Washing Agents, Surface Collecting Agents, and 
Miscellaneous Oil Spill Control Agents):

------------------------------------------------------------------------
                 Compounds                       Concentration (ppm)
------------------------------------------------------------------------
Arsenic...................................  ............................
Cadmium...................................  ............................
Chromium..................................  ............................
Copper....................................  ............................
Lead......................................  ............................
Mercury...................................  ............................
Nickel....................................  ............................
Zinc......................................  ............................
Cyanide...................................  ............................
Chlorinated Hydrocarbons..................  ............................
------------------------------------------------------------------------

                               References

    (1) L.T. McCarthy, Jr., I. Wilder, and J.S. Dorrier. Standard 
Dispersant Effectiveness and Toxicity Tests. EPA Report EPA-R2-73-201 
(May 1973).
    (2) M.F. Fingas, K.A. Hughes, and M.A. Schwertzer. ``Dispersant 
Testing at the Environmental Emergencies Technology Division.'' Proc. 
Tenth Arctic Marine Oilspill Program Technical Seminar. 9-11 June, 1987. 
Edmonton, Alberta, Canada. Conservation and Protection, Environment 
Canada. pp. 343-356.
    (3) J.R. Clayton, Jr., S-F-Tsang, V. Frank, P. Marsden, and J. 
Harrington. Chemical Oil Spill Dispersants: Evaluation of Three 
Laboratory Procedures for Estimating Performance. Final report prepared 
by Science Applications International Corporation for U.S. Environmental 
Protection Agency, 1992.
    (4) J.R. Clayton, Jr. and J.R. Payne. Chemical Oil Spill 
Dispersants: Update State-of-the-Art on Mechanisms of Actions and 
Factors Influencing Performance With Emphasis on Laboratory Studies. 
Final report prepared by Science Applications International Corporation 
for U.S. Environmental Protection Agency, 1992.
    (5) D.P. Middaugh, M.J. Hemmer, and L. Goodman. Methods for 
Spawning, Cultureing and Conducting Toxicity-tests with Early Life 
Stages of Four Antherinid Fishes: the Inland Silverside, Menidia 
beryllina, Atlantic Silverside, M. menidia, Tidewater Silverside, M. 
penisulae, and California Grunion, Lesthes tenuis. Office of Research 
and Development, U.S. Environmental Protection Agency, Washington, DC. 
EPA 600/8-87/004, 1987.
    (6) U.S. EPA. Methods for Measuring the Acute Toxicity of Effluents 
and Receiving Waters to Freshwater and Marine Organisms. Fourth edition. 
U.S. Environmental Protection Agency, Washington, D.C EPA 600/4-90/027, 
1991.
    (7) G.S. Douglas, et al. ``The Use of Hydrocarbon Analyses for 
Environmental Assessment and Remediation.'' In: P.T. Kostecki and E.J. 
Calabrese (eds.), Contaminated Soils, Diesel Fuel Contamination. Lewis 
Publishers, Ann Arbor, MI, 1992.
    (8) Draft International Standard ISO/DIS 8708 ``Crude Petroleum 
Oil--Determination of Distillation Characteristics Using 15 Theoretical 
Plates Columns.'' International Organization for Standardization.
    (9) Standard Methods for the Examination of Water and Wastewater, 
17th Edition, American Public Health Association, 1989.
    (10) U.S. EPA. Test Method for Evaluating Solid Waste: SW-846. Third 
edition. U.S. Environmental Protection Agency, Office of Solid Waste and 
Emergency Response, Washington, D.C, 1986.
    (11) M.C. Kennicutt II. ``The Effect of Bioremediation on Crude Oil 
Bulk and Molecular Composition.'' In: Oil Chemical Pollution, 4:89-112, 
1988.
    (12) G.W. Snedecor and W.G. Cochran. Statistical Methods, 7th 
edition, The Iowa State University Press, Ames, Iowa, 1980.
    (13) D.C. Montgomery. Design and Analysis of Experiments. Third 
edition. John Wiley & Sons, New York, NY, 1991.

[59 FR 47458, Sept.15, 1994]

  Appendix D to Part 300--Appropriate Actions and Methods of Remedying 
                                Releases

    (a) This appendix D to part 300 describes types of remedial actions 
generally appropriate for specific situations commonly found at remedial 
sites and lists methods for remedying releases that may be considered by 
the lead agency to accomplish a particular response action. This list 
shall not be considered inclusive of all possible methods of remedying 
releases and does not limit the lead agency from selecting any other 
actions deemed necessary in response to any situation.
    (b) In response to contaminated soil, sediment, or waste, the 
following types of response actions shall generally be considered: 
removal, treatment, or containment of the soil, sediment, or waste to 
reduce or eliminate the potential for hazardous substances or pollutants 
or contaminants to contaminate other media (ground water, surface water, 
or air) and to reduce or eliminate the potential for such substances to 
be inhaled, absorbed, or ingested.
    (1) Techniques for removing contaminated soil, sediment, or waste 
include the following:
    (i) Excavation.
    (ii) Hydraulic dredging.
    (iii) Mechanical dredging.

[[Page 247]]

    (2) Techniques for treating contaminated soil, sediment, or waste 
include the following:
    (i) Biological methods, including the following:
    (A) Treatment via modified conventional wastewater treatment 
techniques.
    (B) Anaerobic, aerated, and facultative lagoons.
    (C) Supported growth biological reactors.
    (D) Microbial biodegradation.
    (ii) Chemical methods, including the following:
    (A) Chlorination.
    (B) Precipitation, flocculation, sedimentation.
    (C) Neutralization.
    (D) Equalization.
    (E) Chemical oxidation.
    (iii) Physical methods, including the following:
    (A) Air stripping.
    (B) Carbon absorption.
    (C) Ion exchange.
    (D) Reverse osmosis.
    (E) Permeable bed treatment.
    (F) Wet air oxidation.
    (G) Solidification.
    (H) Encapsulation.
    (I) Soil washing or flushing.
    (J) Incineration.
    (c) In response to contaminated ground water, the following types of 
response actions will generally be considered: Elimination or 
containment of the contamination to prevent further contamination, 
treatment and/or removal of such ground water to reduce or eliminate the 
contamination, physical containment of such ground water to reduce or 
eliminate potential exposure to such contamination, and/or restrictions 
on use of the ground water to eliminate potential exposure to the 
contamination.
    (1) Techniques that can be used to contain or restore contaminated 
ground water include the following:
    (i) Impermeable barriers, including the following:
    (A) Slurry walls.
    (B) Grout curtains.
    (C) Sheet pilings.
    (ii) Permeable treatment beds.
    (iii) Ground-water pumping, including the following:
    (A) Water table adjustment.
    (B) Plume containment.
    (iv) Leachate control, including the following:
    (A) Subsurface drains.
    (B) Drainage ditches.
    (C) Liners.
    (2) Techniques suitable for the control of contamination of water 
and sewer lines include the following:
    (i) Grouting.
    (ii) Pipe relining and sleeving.
    (iii) Sewer relocation.
    (d)(1) In response to contaminated surface water, the following 
types of response actions shall generally be considered: Elimination or 
containment of the contamination to prevent further pollution, and/or 
treatment of the contaminated water to reduce or eliminate its hazard 
potential.
    (2) Techniques that can be used to control or remediate surface 
water include the following:
    (i) Surface seals.
    (ii) Surface water diversions and collection systems, including the 
following:
    (A) Dikes and berms.
    (B) Ditches, diversions, waterways.
    (C) Chutes and downpipes.
    (D) Levees.
    (E) Seepage basins and ditches.
    (F) Sedimentation basins and ditches.
    (G) Terraces and benches.
    (iii) Grading.
    (iv) Revegetation.
    (e) In response to air emissions, the following techniques will be 
considered:
    (1) Pipe vents.
    (2) Trench vents.
    (3) Gas barriers.
    (4) Gas collection.
    (5) Overpacking.
    (6) Treatment for gaseous emissions, including the following:
    (i) Vapor phase adsorption.
    (ii) Thermal oxidation.
    (f) Alternative water supplies can be provided in several ways, 
including the following:
    (i) Individual treatment units.
    (ii) Water distribution system.
    (iii) New wells in a new location or deeper wells.
    (iv) Cisterns.
    (v) Bottled or treated water.
    (vi) Upgraded treatment for existing distribution systems.
    (g) Temporary or permanent relocation of residents, businesses, and 
community facilities may be provided where it is determined necessary to 
protect human health and the environment.

[55 FR 8865, Mar. 8, 1990]

               Appendix E to Part 300--Oil Spill Response

                            Table of Contents

1.0  Introduction.

    1.1 Background.
    1.2 Purpose/objective.
    1.3 Scope.
    1.4 Abbreviations.
    1.5 Definitions.

2.0  National response system.

    2.1 Overview.
    2.2 Priorities.

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    2.3 Responsibility.

3.0  Components of national response system and responsibilities.

    3.1 National.
    3.1.1 National Response Team.
    3.1.2 National Response Center.
    3.1.3 National Strike Force Coordination Center.
    3.2 Regional.
    3.3 Area.
    3.3.1 On-scene coordinator.
    3.3.2 Area Committees.
    3.3.3 Special teams.

4.0  Preparedness activities.

    4.1 Federal contingency plans.
    4.1.1 National contingency plan.
    4.1.2 Regional contingency plans.
    4.1.3 Area contingency plans.
    4.1.4 Fish and Wildlife and Sensitive Environments Plan annex.
    4.2 OPA facility and vessel response plans.
    4.3 Relation to others plans.
    4.3.1 Federal response plans.
    4.3.2 Tank vessel and facility response plans.
    4.4 Pre-approval authority.
    4.5 Area response drills.

5.0  Response operations.

    5.1 Phase I--Discovery or notification.
    5.2 Phase II--Preliminary assessment and initiation of action.
    5.3 Patterns of response.
    5.3.1 Determinations to initiate response and special conditions.
    5.3.2 General pattern of response.
    5.3.3 Containment, countermeasures, and cleanup.
    5.3.4 Response to a substantial threat to the public health or 
welfare.
    5.3.5 Enhanced activities during a spill of national significance.
    5.3.6 Response to a worst case discharge.
    5.3.7 Multi-regional responses.
    5.3.8 Worker health and safety.
    5.4 Disposal.
    5.5 Natural resource trustees.
    5.5.1 Damage assessment.
    5.5.2 Lead administrative trustee.
    5.5.3 On-scene coordinator coordination.
    5.5.4 Dissemination of information.
    5.5.5 Responsibilities of trustees.
    5.6 Oil Spill Liability Trust Fund.
    5.6.1 Funding.
    5.6.2 Claims.
    5.7 Documentation and cost recovery.
    5.8 National response priorities.

6.0  Response coordination.

    6.1 Nongovernmental participation.
    6.2 Natural resource trustees.
    6.2.1 Federal agencies.
    6.2.2 State.
    6.2.3 Indian tribes.
    6.2.4 Foreign trustees.
    6.3 Federal agencies.
    6.4 Other federal agencies.
    6.4.1 Department of Commerce.
    6.4.2 Department of Justice.
    6.4.3 Department of Defense.
    6.4.4 Department of Health and Human Services.
    6.4.5 Department of the Interior.
    6.4.6 Department of Justice.
    6.4.7 Department of Labor.
    6.4.8 Federal Emergency Management Agency.
    6.4.9 Department of Energy.
    6.4.10 Department of State.
    6.4.11 General Services Administration
    6.4.12 Department of Transportation.
    6.5 States and local participation in response.

                            1.0 Introduction.

    1.1 Background. The Oil Pollution Act of 1990 (OPA) amends the 
Federal Water Pollution Control Act (FWPCA), commonly referred to as the 
Clean Water Act (CWA), to require the revision of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). In revising the 
NCP, the need to separate the response requirements for oil discharges 
and release of hazardous substances, pollutants, and contaminants became 
evident.
    1.2 Purpose/objective. This document compiles general oil discharge 
response requirements into one appendix to aid participants and 
responders under the national response system (NRS). This appendix 
provides the organizational structure and procedures to prepare for and 
respond to oil discharges. Nothing in this appendix alters the meaning 
or policy stated in other sections or subparts of the NCP.

                               1.3 Scope.

    (a) This appendix applies to discharges of oil into or upon the 
navigable waters of the United States and adjoining shorelines, the 
waters of the contiguous zone, or waters of the exclusive economic zone, 
or which may affect the natural resources belonging to, appertaining to, 
or under the exclusive management authority of the United States.
    (b) This appendix is designed to facilitate efficient, coordinated, 
and effective response to discharges of oil in accordance with the 
authorities of the CWA. It addresses:
    (1) The national response organization that may be activated in 
response actions, the responsibilities among the federal, state, and 
local governments, and the resources that are available for response.
    (2) The establishment of regional and area contingency plans.
    (3) Procedures for undertaking removal actions pursuant to section 
311 of the CWA.
    (4) Listing of federal trustees for natural resources for purposes 
of the CWA.

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    (5) Procedures for the participation of other persons in response 
actions.
    (6) Procedures for compiling and making available cost documentation 
for response actions.
    (7) National procedures for the use of dispersants and other 
chemicals in removals under the CWA.
    (c) In implementing the NCP provisions compiled in this appendix, 
consideration shall be given to international assistance plans and 
agreements, security regulations and responsibilities based on 
international agreements, federal statutes, and executive orders. 
Actions taken pursuant to the provisions of any applicable international 
joint contingency plans shall be consistent with the NCP to the greatest 
extent possible. The Department of State shall be consulted, as 
appropriate, prior to taking action that may affect its activities.
    1.4 Abbreviations. This section of the appendix provides 
abbreviations relating to oil.
    (a) Department and Agency Title Abbreviations:

ATSDR--Agency for Toxic Substances and Disease Registry
CDC--Centers for Disease Control
DOC--Department of Commerce
DOD--Department of Defense
DOE--Department of Energy
DOI--Department of Interior
DOJ--Department of Justice
DOL--Department of Labor
DOS--Department of State
DOT--Department of Transportation
EPA--Environmental Protection Agency
FEMA--Federal Emergency Management Agency
GSA--General Services Administration
HHS--Department of Health and Human Services
NIOSH--National Institute for Occupational Safety and Health
NOAA--National Oceanic and Atmospheric Administration
OSHA--Occupational Safety and Health Administration
RSPA--Research and Special Programs Administration
USCG--United States Coast Guard
USDA--United States Department of Agriculture
    Note: Reference is made in the NCP to both the Nuclear Regulatory 
Commission and the National Response Center. In order to avoid 
confusion, the NCP will spell out Nuclear Regulatory Commission and use 
the abbreviation ``NRC'' only with respect to the National Response 
Center.

    (b) Operational Abbreviations:

AC--Area Committee
ACP--Area Contingency Plan
DRAT--District Response Advisory Team
DRG--District Response Group
ERT--Environmental Response Team
ESF--Emergency Support Functions
FCO--Federal Coordinating Officer
FRERP--Federal Radiological Emergency Response Plan
FRP--Federal Response Plan
LEPC--Local Emergency Planning Committee
NCP--National Contingency Plan
NPFC--National Pollution Funds Center
NRC--National Response Center
NRS--National Response System
NRT--National Response Team
NSF--National Strike Force
NSFCC--National Strike Force Coordination Center
OSC--On-Scene Coordinator
OSLTF--Oil Spill Liability Trust Fund
POLREP--Pollution Report
PIAT--Public Information Assist Team
RCP--Regional Contingency Plan
RERT--Radiological Emergency Response Team
RRT--Regional Response Team
SERC--State Emergency Response Commission
SONS--Spill of National Significance
SSC--Scientific Support Coordinator
SUPSALV--United States Navy Supervisor of Salvage
USFWS--United States Fish and Wildlife Service

    1.5 Definitions. Terms not defined in this section have the meaning 
given by CERCLA, the OPA, or the CWA. This appendix restates the NCP 
definitions relating to oil.
    Activation means notification by telephone or other expeditious 
manner or, when required, the assembly of some or all appropriate 
members of the RRT or NRT.
    Area Committee (AC) as provided for by CWA sections 311(a)(18) and 
(j)(4), means the entity appointed by the President consisting of 
members from qualified personnel of federal, state, and local agencies 
with responsibilities that include preparing an area contingency plan 
for an area designated by the President.
    Area contingency plan (ACP) as defined by CWA sections 311(a)(19) 
and (j)(4) means the plan prepared by an Area Committee that is 
developed to be implemented in conjunction with the NCP and RCP, in part 
to address removal of a worst case discharge and to mitigate or prevent 
a substantial threat of such a discharge from a vessel, offshore 
facility, or onshore facility operating in or near an area designated by 
the President.
    Bioremediation agents means microbiological cultures, enzyme 
additives, or nutrient additives that are deliberately introduced into 
an oil discharge and that will significantly increase the rate of 
biodegradation to mitigate the effects of the discharge.
    Burning agents means those additives that, through physical or 
chemical means, improve the combustibility of the materials to which 
they are applied.

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    CERCLA is the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986.
    Chemical agents means those elements, compounds, or mixtures that 
coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, 
reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the 
pollutant mass more rigid or viscous, or otherwise facilitate the 
mitigation of deleterious effects or the removal of the oil pollutant 
from the water. Chemical agents include biological additives, 
dispersants, sinking agents, miscellaneous oil spill control agents, and 
burning agents, but do not include solvents.
    Claim in the case of a discharge under CWA means a request, made in 
writing for a sum certain, for compensation for damages or removal costs 
resulting from an incident.
    Claimant as defined by section 1001 of the OPA means any person or 
government who presents a claim for compensation under Title I of the 
OPA.
    Clean natural seawater means that the source of this seawater must 
not be heavily contaminated with industrial or other types of effluent.
    Coastal waters for the purpose of classifying the size of 
discharges, means the waters of the coastal zone except for the Great 
Lakes and specified ports and harbors on inland rivers.
    Coastal zone as defined for the purpose of the NCP, means all United 
States waters subject to the tide, United States waters of the Great 
Lakes, specified ports and harbors on inland rivers, waters of the 
contiguous zone, other waters of the high seas subject to the NCP, and 
the land surface or land substrata, ground waters, and ambient air 
proximal to those waters. The term coastal zone delineates an area of 
federal responsibility for response action. Precise boundaries are 
determined by EPA/USCG agreements and identified in federal regional 
contingency plans.
    Coast Guard District Response Group (DRG) as provided for by CWA 
sections 311(a)(20) and (j)(3), means the entity established by the 
Secretary of the department in which the USCG is operating within each 
USCG district and shall consist of: the combined USCG personnel and 
equipment, including firefighting equipment, of each port within the 
district; additional prepositioned response equipment; and a district 
response advisory team.
    Contiguous zone means the zone of the high seas, established by the 
United States under Article 24 of the Convention on the Territorial Sea 
and Contiguous Zone, which is contiguous to the territorial sea and 
which extends nine miles seaward from the outer limit of the territorial 
sea.
    Damages as defined by section 1001 of the OPA means damages 
specified in section 1002(b) of the Act, and includes the cost of 
assessing these damages.
    Discharge as defined by section 311(a)(2) of the CWA, includes, but 
is not limited to, any spilling, leaking, pumping, pouring, emitting, 
emptying, or dumping of oil, but excludes discharges in compliance with 
a permit under section 402 of the CWA, discharges resulting from 
circumstances identified and reviewed and made a part of the public 
record with respect to a permit issued or modified under section 402 of 
the CWA, and subject to a condition in such permit, or continuous or 
anticipated intermittent discharges from a point source, identified in a 
permit or permit application under section 402 of the CWA, that are 
caused by events occurring within the scope of relevant operating or 
treatment systems. For purposes of the NCP, discharge also means 
substantial threat of discharge.
    Dispersants means those chemical agents that emulsify, disperse, or 
solubilize oil into the water column or promote the surface spreading of 
oil slicks to facilitate dispersal of the oil into the water column.
    Exclusive economic zone as defined in OPA section 1001, means the 
zone established by Presidential Proclamation Numbered 5030, dated March 
10, 1983, including the ocean waters of the areas referred to as 
``eastern special areas'' in Article 3(1) of the Agreement between the 
United States of America and the Union of Soviet Socialist Republics on 
the Maritime Boundary, signed June 1, 1990.
    Facility as defined by section 1001 of the OPA means any structure, 
group of structures, equipment, or device (other than a vessel) which is 
used for one or more of the following purposes: exploring for, drilling 
for, producing, storing, handling, transferring, processing, or 
transporting oil. This term includes any motor vehicle, rolling stock, 
or pipeline used for one or more of these purposes.
    Federal Response Plan (FRP) means the agreement signed by 25 federal 
departments and agencies in April 1987 and developed under the 
authorities of the Earthquake Hazards Reduction Act of 1977 and the 
Disaster Relief Act of 1974, as amended by the Stafford Disaster Relief 
Act of 1988.
    First federal official means the first federal representative of a 
participating agency of the National Response Team to arrive at the 
scene of a discharge or a release. This official coordinates activities 
under the NCP and may initiate, in consultation with the OSC, any 
necessary actions until the arrival of the predesignated OSC.
    Indian tribe as defined in OPA section 1001, means any Indian tribe, 
band, nation, or other organized group or community, but not including 
any Alaska Native regional or village corporation, which is recognized 
as

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eligible for the special programs and services provided by the United 
States to Indians because of their status as Indians and has 
governmental authority over lands belonging to or controlled by the 
Tribe.
    Inland waters for the purposes of classifying the size of 
discharges, means those waters of the United States in the inland zone, 
waters of the Great Lakes, and specified ports and harbors on inland 
rivers.
    Inland zone means the environment inland of the coastal zone 
excluding the Great Lakes, and specified ports and harbors on inland 
rivers. The term inland zone delineates an area of federal 
responsibility for response action. Precise boundaries are determined by 
EPA/USCG agreements and identified in federal regional contingency 
plans.
    Lead administrative trustee means a natural resource trustee who is 
designated on an incident-by-incident basis for the purpose of 
preassessment and damage assessment and chosen by the other trustees 
whose natural resources are affected by the incident. The lead 
administrative trustee facilitates effective and efficient communication 
during response operations between the OSC and the other natural 
resource trustees conducting activities associated with damage 
assessment and is responsible for applying to the OSC for access to 
response operations resources on behalf of all trustees for initiation 
of damage assessment.
    Lead agency means the agency that provides the OSC to plan and 
implement response actions under the NCP.
    Miscellaneous oil spill control agent is any product, other than a 
dispersant, sinking agent, surface washing agent, surface collecting 
agent, bioremediation agent, burning agent, or sorbent that can be used 
to enhance oil spill cleanup, removal, treatment, or mitigation.
    National Pollution Funds Center (NPFC) means the entity established 
by the Secretary of Transportation whose function is the administration 
of the Oil Spill Liability Trust Fund (OSLTF). Among the NPFC's duties 
are: providing appropriate access to the OSLTF for federal agencies and 
states for removal actions and for federal trustees to initiate the 
assessment of natural resource damages; providing appropriate access to 
the OSLTF for claims; and coordinating cost recovery efforts.
    National Response System (NRS) is the mechanism for coordinating 
response actions by all levels of government in support of the OSC. The 
NRS is composed of the NRT, RRTs, OSC, Area Committees, and Special 
Teams and related support entities.
    National Strike Force (NSF) is a special team established by the 
USCG, including the three USCG Strike Teams, the Public Information 
Assist Team (PIAT), and the National Strike Force Coordination Center. 
The NSF is available to assist OSCs in their preparedness and response 
duties.
    National Strike Force Coordination Center (NSFCC), authorized as the 
National Response Unit by CWA section 311(a)(23) and (j)(2), means the 
entity established by the Secretary of the department in which the USCG 
is operating at Elizabeth City, North Carolina, with responsibilities 
that include administration of the USCG Strike Teams, maintenance of 
response equipment inventories and logistic networks, and conducting a 
national exercise program.
    Natural resources means land, fish, wildlife, biota, air, water, 
groundwater, drinking water supplies, and other such resources belonging 
to, managed by, held in trust by, appertaining to, or otherwise 
controlled by the United States (including the resources of the 
exclusive economic zone defined by the Magnuson Fishery Conservation and 
Management Act of 1976), any state or local government, any foreign 
government, any Indian tribe, or, if such resources are subject to a 
trust restriction on alienation, any member of an Indian tribe.
    Navigable waters as defined by 40 CFR 110.1 means the waters of the 
United States, including the territorial seas. The term includes:
    (a) All waters that are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters that are subject to the ebb and flow of the tide;
    (b) Interstate waters, including interstate wetlands;
    (c) All other waters such as intrastate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, and wetlands, the 
use, degradation, or destruction of which would affect or could affect 
interstate or foreign commerce including any such waters:
    (1) That are or could be used by interstate or foreign travelers for 
recreational or other purposes;
    (2) From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce; and
    (3) That are used or could be used for industrial purposes by 
industries in interstate commerce.
    (d) All impoundments of waters otherwise defined as navigable waters 
under this section;
    (e) Tributaries of waters identified in paragraphs (a) through (d) 
of this definition, including adjacent wetlands; and
    (f) Wetlands adjacent to waters identified in paragraphs (a) through 
(e) of this definition: Provided, that waste treatment systems (other 
than cooling ponds meeting the criteria of this paragraph) are not 
waters of the United States.

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    (g) Waters of the United States do not include prior converted 
cropland. Notwithstanding the determination of an area's status as prior 
converted cropland by any other federal agency, for the purposes of the 
Clean Water Act, the final authority regarding Clean Water Act 
jurisdiction remains with EPA.
    Offshore facility as defined by section 311(a)(11) of the CWA means 
any facility of any kind located in, on, or under any of the navigable 
waters of the United States, and any facility of any kind which is 
subject to the jurisdiction of the United States and is located in, on, 
or under any other waters, other than a vessel or a public vessel.
    Oil as defined by section 311(a)(1) of the CWA means oil of any kind 
or in any form, including, but not limited to, petroleum, fuel oil, 
sludge, oil refuse, and oil mixed with wastes other than dredged spoil. 
Oil, as defined by section 1001 of the OPA means oil of any kind or in 
any form, including, but not limited to, petroleum, fuel oil, sludge, 
oil refuse, and oil mixed with wastes other than dredged spoil, but does 
not include petroleum, including crude oil or any fraction thereof, 
which is specifically listed or designated as a hazardous substance 
under subparagraphs (A) through (F) of section 101(14) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601) and which is subject to the provisions of that Act.
    Oil Spill Liability Trust Fund means the fund established under 
section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509).
    On-scene coordinator (OSC) means the federal official predesignated 
by the EPA or the USCG to coordinate and direct response under subpart 
D.
    Onshore facility as defined by section 311(a)(10) of the CWA, means 
any facility (including, but not limited to, motor vehicles and rolling 
stock) of any kind located in, on, or under any land within the United 
States other than submerged land.
    On-site means the areal extent of contamination and all suitable 
areas in very close proximity to the contamination necessary for 
implementation of a response action.
    Person as defined by section 1001 of the OPA, means an individual, 
corporation, partnership, association, state, municipality, commission, 
or political subdivision of a state, or any interstate body.
    Public vessel as defined by section 311(a)(4) of the CWA, means a 
vessel owned or bareboat-chartered and operated by the United States, or 
by a state or political subdivision thereof, or by a foreign nation, 
except when such vessel is engaged in commerce.
    Remove or removal as defined by section 311(a)(8) of the CWA, refers 
to containment and removal of oil or hazardous substances from the water 
and shorelines or the taking of such other actions as may be necessary 
to minimize or mitigate damage to the public health or welfare 
(including, but not limited to, fish, shellfish, wildlife, public and 
private property, and shorelines and beaches) or to the environment. For 
the purpose of the NCP, the term also includes monitoring of action to 
remove a discharge.
    Removal costs as defined by section 1001 of the OPA means the costs 
of removal that are incurred after a discharge of oil has occurred, or 
in any case in which there is a substantial threat of a discharge of oil 
the costs to prevent, minimize, or mitigate oil pollution from such an 
incident.
    Responsible party as defined by section 1001 of the OPA means the 
following:
    (a) Vessels--In the case of a vessel, any person owning, operating, 
or demise chartering the vessel.
    (b) Onshore Facilities--In the case of an onshore facility (other 
than a pipeline), any person owning or operating the facility, except a 
federal agency, state, municipality, commission, or political 
subdivision of a state, or any interstate body, that as the owner 
transfers possession and right to use the property to another person by 
lease, assignment, or permit.
    (c) Offshore Facilities--In the case of an offshore facility (other 
than a pipeline or a deepwater port licensed under the Deepwater Port 
Act of 1974 (33 U.S.C. 1501 et seq.)), the lessee or permittee of the 
area in which the facility is located or the holder of a right of use 
and easement granted under applicable state law or the Outer Continental 
Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility 
is located (if the holder is a different person than the lessee or 
permittee), except a federal agency, state, municipality, commission, or 
political subdivision of a state, or any interstate body, that as owner 
transfers possession and right to use the property to another person by 
lease, assignment, or permit.
    (d) Deepwater Ports--In the case of a deepwater port licensed under 
the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the licensee.
    (e) Pipelines--In the case of a pipeline, any person owning or 
operating the pipeline.
    (f) Abandonment--In the case of an abandoned vessel, onshore 
facility, deepwater port, pipeline, or offshore facility, the person who 
would have been responsible parties immediately prior to the abandonment 
of the vessel or facility.
    Sinking agents means those additives applied to oil discharges to 
sink floating pollutants below the water surface.
    Size classes of discharges refers to the following size classes of 
oil discharges which are provided as guidance to the OSC and serve as 
the criteria for the actions delineated in subpart D. They are not meant 
to imply associated degrees of hazard to public

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health or welfare, nor are they a measure of environmental injury. Any 
oil discharge that poses a substantial threat to public health or 
welfare or the environment or results in significant public concern 
shall be classified as a major discharge regardless of the following 
quantitative measures:
    (a) Minor discharge means a discharge in inland waters of less than 
1,000 gallons of oil or a discharge to the coastal waters of less than 
10,000 gallons of oil.
    (b) Medium discharge means a discharge of 1,000 to 10,000 gallons of 
oil to the inland waters or a discharge of 10,000 to 100,000 gallons of 
oil to the coastal waters.
    (c) Major discharge means a discharge of more than 10,000 gallons of 
oil to the inland waters or more than 100,000 gallons of oil to the 
coastal waters.
    Sorbents means essentially inert and insoluble materials that are 
used to remove oil and hazardous substances from water through 
adsorption, in which the oil or hazardous substance is attracted to the 
sorbent surface and then adheres to it, absorption, in which the oil or 
hazardous substance penetrates the pores of the sorbent material, or a 
combination of the two. Sorbents are generally manufactured in 
particulate form for spreading over an oil slick or as sheets, rolls, 
pillows, or booms. The sorbent material may consist of, but is not 
limited to, the following materials:
    (a) Organic products--
    (1) Peat moss or straw;
    (2) Cellulose fibers or cork;
    (3) Corn cobs;
    (4) Chicken or duck feathers.
    (b) Mineral compounds--
    (1) Volcanic ash or perlite;
    (2) Vermiculite or zeolite.
    (c) Synthetic products--
    (1) Polypropylene;
    (2) Polyethylene;
    (3) Polyurethane;
    (4) Polyester.
    Specified ports and harbors means those ports and harbor areas on 
inland rivers, and land areas immediately adjacent to those waters, 
where the USCG acts as predesignated on-scene coordinator. Precise 
locations are determined by EPA/USCG regional agreements and identified 
in federal regional contingency plans and area contingency plans.
    Spill of national significance (SONS) means a spill which due to its 
severity, size, location, actual or potential impact on the public 
health and welfare or the environment, or the necessary response effort, 
is so complex that it requires extraordinary coordination of federal, 
state, local, and responsible party resources to contain and cleanup the 
discharge.
    State means the several states of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
U.S. Virgin Islands, the Commonwealth of the Northern Marianas, and any 
other territory or possession over which the United States has 
jurisdiction. For purposes of the NCP, the term includes Indian tribes 
as defined in the NCP except where specifically noted.
    Surface collecting agents means those chemical agents that form a 
surface film to control the layer thickness of oil.
    Surface washing agent is any product that removes oil from solid 
surfaces, such as beaches and rocks, through a detergency mechanism and 
does not involve dispersing or solubilizing the oil into the water 
column.
    Tank vessel as defined by section 1001 of OPA means a vessel that is 
constructed or adapted to carry, or that carries, oil or hazardous 
material in bulk as cargo or cargo residue, and that: (1) is a vessel of 
the United States; (2) operates on the navigable waters; or (3) 
transfers oil or hazardous material in a place subject to the 
jurisdiction of the United States.
    Threat of discharge, see definition for discharge.
    Trustee means an official of a federal natural resources management 
agency designated in subpart G of the NCP or a designated state official 
or Indian tribe or, in the case of discharges covered by the OPA, a 
foreign government official, who may pursue claims for damages under 
section 1006 of the OPA.
    United States when used in relation to section 311(a)(5) of the CWA, 
mean the states, the District of Columbia, the Commonwealth of Puerto 
Rico, the Northern Mariana Islands, Guam, American Samoa, the U.S. 
Virgin Islands, and the Pacific Island Governments.
    Vessel as defined by section 311(a)(3) of the CWA means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water other than 
a public vessel.
    Volunteer means any individual accepted to perform services by the 
lead agency which has authority to accept volunteer services (for 
examples, see 16 U.S.C. 742f(c)). A volunteer is subject to the 
provisions of the authorizing statute and the NCP.
    Worst case discharge as defined by section 311(a)(24) of the CWA 
means, in the case of a vessel, a discharge in adverse weather 
conditions of its entire cargo, and in the case of an offshore facility 
or onshore facility, the largest foreseeable discharge in adverse 
weather conditions.

                      2.0 National response system.

    2.1 Overview. The national response system (NRS) is the mechanism 
for coordinating response actions by all levels of government in support 
of the OSC. The NRS is composed of the National Response Team (NRT), 
Regional Response Teams (RRTs),

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On-scene coordinator (OSC), Area Committees, and Special Teams and 
related support entities. The NRS functions as an incident command 
system (ICS) under the direction of the OSC. Typical of an ICS, the NRS 
is capable of expanding or contracting to accommodate the response 
effort required by the size or complexity of the discharge.
    2.2 Priorities. (a) Safety of human life must be given the highest 
priority during every response action. This includes any search and 
rescue efforts in the general proximity of the discharge and the 
insurance of safety of response personnel.
    (b) Stabilizing the situation to preclude the event from worsening 
is the next priority. All efforts must be focused on saving a vessel 
that has been involved in a grounding, collision, fire or explosion, so 
that it does not compound the problem. Comparable measures should be 
taken to stabilize a situation involving a facility, pipeline, or other 
source of pollution. Stabilizing the situation includes securing the 
source of the spill and/or removing the remaining oil from the container 
(vessel, tank, or pipeline) to prevent additional oil spillage, to 
reduce the need for follow-up response action, and to minimize adverse 
impact to the environment.
    (c) The response must use all necessary containment and removal 
tactics in a coordinated manner to ensure a timely, effective response 
that minimizes adverse impact to the environment.
    (d) All parts of this national response strategy should be addressed 
concurrently, but safety and stabilization are the highest priorities. 
The OSC should not delay containment and removal decisions unnecessarily 
and should take actions to minimize adverse impact to the environment 
that begins as soon as a discharge occurs, as well as actions to 
minimize further adverse environmental impact from additional 
discharges.
    (e) The priorities set forth in this section are broad in nature, 
and should not be interpreted to preclude the consideration of other 
priorities that may arise on a site-specific basis.
    2.3 Responsibility. (a) The predesignated OSC has the responsibility 
to direct response actions and coordinate all other response efforts at 
the scene of an oil discharge or threatened discharge. The OSC monitors 
or directs all federal, state, local, and private removal actions, or 
arranges for the removal of an actual or threatened oil discharge, 
removing and if necessary, requesting authority to destroy a vessel. 
Additionally, the CWA requires the OSC to direct all federal, state, 
local, and private removal actions to any incident that poses a 
substantial threat to the public health or welfare.
    (b) Cleanup responsibility for an oil discharge immediately falls on 
the responsible party, unless the discharge poses a substantial threat 
to public health or welfare. In a large percentage of oil discharges, 
the responsible party shall conduct the cleanup. If the responsible 
party does conduct the removal, the OSC shall ensure adequate 
surveillance over whatever actions are initiated.
    (1) If effective actions are not being taken to eliminate the 
threat, or if removal is not being properly done, the OSC should, to the 
extent practicable under the circumstances, so advise the responsible 
party. If the responsible party does not respond properly, the OSC shall 
take appropriate response actions and should notify the responsible 
party of the potential liability for federal response costs incurred by 
the OSC pursuant to the OPA and CWA. Where practicable, continuing 
efforts should be made to encourage response by responsible parties.
    (2) If the Administrator of EPA or the Secretary of the department 
in which the USCG is operating determines that there may be an imminent 
and substantial threat to the public health or welfare or the 
environment of the United States (including fish, shellfish, and 
wildlife, public and private property, shorelines, beaches, habitats, 
and other living and nonliving natural resources under the jurisdiction 
or control of the United States, because of an actual or threatened 
discharge of oil from any vessel or offshore or onshore facility into or 
upon the navigable waters of the United States), the Administrator or 
Secretary may request the U.S. Attorney General to secure the relief 
from any person, including the owner or operator of the vessel or 
facility necessary to abate a threat or, after notice to the affected 
state, take any other action authorized by section 311 of the CWA 
including administrative orders, that may be necessary to protect the 
public health or welfare.
    (3) The responsible party is liable for costs of federal removal and 
damages in accordance with section 311(f) of the CWA, section 1002 of 
the OPA, and other federal laws.
    (c) In those incidents where a discharge or threat of discharge 
poses a substantial threat to the public health or welfare of the United 
States, the OSC shall direct all federal, state, or private actions to 
remove the discharge or to mitigate or prevent the threat of such a 
discharge, as appropriate. The OSC shall also request immediate 
activation of the RRT.
    (d) During responses to any discharge the OSC may request advice or 
support from the Special Teams and any local support units identified by 
the Area Committee. Examples include scientific advice from the 
Scientific Support Coordinator (SSC), technical guidance or 
prepositioned equipment from the District Response Group (DRG), or 
public information assistance from the National Strike Force (NSF).
    (e) When an oil discharge exceeds the response capability of the 
region in which it

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occurs, transects regional boundaries, or involves a substantial threat 
to the public health or welfare, substantial amounts of property, or 
substantial threats to the natural resources, the NRT should be 
activated as an emergency response team. If appropriate the RRT Chairman 
may contact the NRT Chairman and request the NRT activation.

    3.0 Components of national response system and responsibilities.

    The NRS is the mechanism for coordinating response actions by all 
levels of government in support of the OSC. The NRS organization is 
divided into national, regional, and area levels. The national level 
comprises the NRT, the National Strike Force Coordination Center 
(NSFCC), and the National Response Center (NRC). The regional level is 
comprised of the RRT. The area level is made up of the OSC, Special 
Teams, and Area Committees. The basic framework for the response 
management structure is a system (e.g., a unified command system), that 
brings together the functions of the federal government, the state 
government, and the responsible party to achieve an effective and 
efficient response, where the OSC retains authority.

                              3.1 National.

    3.1.1 National response team. (a) National planning and coordination 
is accomplished through the NRT. The NRT consists of representatives 
from the USCG, EPA, Federal Emergency Management Agency (FEMA), 
Department of Defense (DOD), Department of Energy (DOE), Department of 
Agriculture (DOA), Department of Commerce (DOC), Department of Health 
and Human Services (HHS), Department of the Interior (DOI), Department 
of Justice (DOJ), Department of Labor (DOL), Department of 
Transportation (DOT), Department of State (DOS), Nuclear Regulatory 
Commission, and General Services Administration (GSA). Each agency shall 
designate a member to the team and sufficient alternates to ensure 
representation, as agency resources permit. The NRT will consider 
requests for membership on the NRT from other agencies. Other agencies 
may request membership by forwarding such requests to the chair of the 
NRT (see Figure 1).
    (b) The chair of the NRT shall be the representative of the EPA and 
the vice chair shall be the representative of the USCG, with the 
exception of periods of activation because of response action. During 
activation, the chair shall be the member agency providing the OSC. The 
vice chair shall maintain records of NRT activities along with national, 
regional, and area plans for response actions.
    (c) While the NRT desires to achieve a consensus on all matters 
brought before it, certain matters may prove unresolvable by this means. 
In such cases, each agency serving as a participating agency on the NRT 
may be accorded one vote in NRT proceedings.
    (d) The NRT may establish such bylaws, procedures, and committees as 
it deems appropriate to further the purposes for which it is 
established.
    (e) The NRT shall evaluate methods of responding to discharges, 
shall recommend any changes needed in the response organization, and 
shall recommend to the Administrator of EPA changes to the NCP designed 
to improve the effectiveness of the national response system, including 
drafting of regulatory language.
    (f) The NRT shall provide policy and program direction to the RRTs.
    (g) The NRT may consider and make recommendations to appropriate 
agencies on the training, equipping, and protection of response teams 
and necessary research, development, demonstration, and evaluation to 
improve response capabilities.

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[GRAPHIC] [TIFF OMITTED] TC02AU92.018

    (h) Direct planning and preparedness responsibilities of the NRT 
include:
    (1) Maintaining national preparedness to respond to a major 
discharge of oil that is beyond regional capabilities;
    (2) Monitoring incoming reports from all RRTs and activating for a 
response action, when necessary;
    (3) Coordinating a national program to assist member agencies in 
preparedness planning and response, and enhancing coordination of member 
agency preparedness programs;
    (4) Developing procedures, in coordination with the NSFCC, as 
appropriate, to ensure the coordination of federal, state, and local 
governments, and private response to oil discharges;
    (5) Monitoring response-related research and development, testing, 
and evaluation activities of NRT agencies to enhance coordination, avoid 
duplication of effort, and facilitate research in support of response 
activities;
    (6) Developing recommendations for response training and for 
enhancing the coordination of available resources among agencies with 
training responsibilities under the NCP;
    (7) Reviewing regional responses to oil discharges, including an 
evaluation of equipment readiness and coordination among responsible 
public agencies and private organizations; and
    (8) Assisting in developing a national exercise program, in 
coordination with the

[[Page 257]]

NSFCC to ensure preparedness and coordination nationwide.
    (i) The NRT shall consider matters referred to it for advice or 
resolution by an RRT.
    (j) The NRT should be activated as an emergency response team:
    (1) When an oil discharge:
    (A) Exceeds the response capability of the region in which it 
occurs;
    (B) Transects regional boundaries; or
    (C) Involves a substantial threat to the public health or welfare, 
substantial amounts of property, or substantial threats to natural 
resources;
    (2) If requested by any NRT member.
    (k) When activated for a response action, the NRT will meet at the 
call of the chair and may:
    (1) Monitor and evaluate reports from the OSC and recommend to the 
OSC, through the RRT, actions to combat the discharge;
    (2) Request other federal, state and local governments, or private 
agencies, to provide resources under their existing authorities to 
combat a discharge, or to monitor response operations; and
    (3) Coordinate the supply of equipment, personnel, or technical 
advice to the affected region from other regions or districts.
    3.1.2 National response center. (a) The NRC, located at USCG 
Headquarters, is the national communications center, continuously manned 
for handling activities related to response actions, including those 
involving discharges of oil. The NRC acts as the single point of contact 
for all pollution incident reporting, and as the NRT communications 
center. Notice of discharges must be made by telephone through a toll 
free number or a special number (Telecommunication Device for the Deaf 
(TDD) and collect calls accepted). Upon receipt of a notification of 
discharge, the NRC shall promptly notify the OSC. The telephone report 
is distributed to any interested NRT member agency or federal entity 
that has established a written agreement or understanding with the NRC.
    (b) The Commandant, USCG, in conjunction with other NRT agencies, 
provides the necessary personnel, communications, plotting facilities, 
and equipment for the NRC.
    (c) Notice of an oil discharge in an amount equal to or greater than 
the reportable quantity must be made immediately in accordance with 33 
CFR part 153, subpart B. Notification will be made to the NRC Duty 
Officer, HQ USCG, Washington, DC, telephone (800) 424-8802 or (202) 267-
2675. All notices of discharges received at the NRC will be relayed 
immediately by telephone to the OSC.
    3.1.3 National strike force coordination center. NSFCC, located in 
Elizabeth City, North Carolina, may assist the OSC by providing 
information on available spill removal resources, personnel, and 
equipment. The NSFCC can provide the following support to the OSC:
    (a) Technical assistance, equipment, and other resources to augment 
the OSC staff during spill response;
    (b) Assistance in coordinating the use of private and public 
resources in support of the OSC during a response to or a threat of a 
worst case discharge of oil;
    (c) Review of the area contingency plan, including an evaluation of 
equipment readiness and coordination among responsible public agencies 
and private organizations;
    (d) Assistance in locating spill response resources for both 
response and planning, using the NSFCC's national and international 
computerized inventory of spill response resources;
    (e) Coordination and evaluation of pollution response exercises; and
    (f) Inspection of district prepositioned pollution response 
equipment.
    3.2 Regional. (a) Regional planning and coordination of preparedness 
and response actions is accomplished through the RRT. In the case of a 
discharge of oil, preparedness activities shall be carried out in 
conjunction with Area Committees as appropriate. The RRT agency 
membership parallels that of the NRT, but also includes state and local 
representation. The RRT provides: (1) the appropriate regional mechanism 
for development and coordination of preparedness activities before a 
response action is taken and for coordination of assistance and advice 
to the OSC during such response actions; and (2) guidance to Area 
Committees, as appropriate, to ensure inter-area consistency and 
consistency of individual ACPs with the RCP and NCP.
    (b) The two principal components of the RRT mechanism are a standing 
team, which consists of designated representatives from each 
participating federal agency, state governments, and local governments 
(as agreed upon by the states); and incident-specific teams formed from 
the standing team when the RRT is activated for a response. On incident-
specific teams, participation by the RRT member agencies will relate to 
the technical nature of the incident and its geographic location.
    (1) The standing team's jurisdiction corresponds to the standard 
federal regions, except for Alaska, Oceania in the Pacific, and the 
Caribbean area, each of which has a separate standing RRT. The role of 
the standing RRT includes communications systems and procedures, 
planning, coordination, training, evaluation, preparedness, and related 
matters on a regionwide basis. It also includes coordination of Area 
Committees for these functions in areas within their respective regions, 
as appropriate.
    (2) The role of the incident-specific team is determined by the 
operational requirements of the response to a specific discharge. 
Appropriate levels of activation and/or notification of the incident-
specific RRT, including

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participation by state and local governments, shall be determined by the 
designated RRT chair for the incident, based on the RCP. The incident-
specific RRT supports the designated OSC. The designated OSC manages 
response efforts and coordinates all other efforts at the scene of a 
discharge.
    (c) The representatives of EPA and the USCG shall act as co-chairs 
of the RRTs except when the RRT is activated. When the RRT is activated 
for response actions, the chair is the member agency providing the OSC.
    (d) Each participating agency should designate one member and at 
least one alternate member to the RRT. Agencies whose regional 
subdivisions do not correspond to the standard federal regions may 
designate additional representatives to the standing RRT to ensure 
appropriate coverage of the standard federal region. Participating 
states may also designate one member and at least one alternate member 
to the RRT. Indian tribal governments may arrange with the RRT for 
representation appropriate to their geographical location. All agencies 
and states may also provide additional representatives as observers to 
meetings of the RRT.
    (e) RRT members should designate representatives and alternates from 
their agencies as resource personnel for RRT activities, including RRT 
work planning, and membership on incident-specific teams in support of 
the OSCs.
    (f) Federal RRT members or their representatives should provide OSCs 
with assistance from their respective federal agencies commensurate with 
agency responsibilities, resources, and capabilities within the region. 
During a response action, the members of the RRT should seek to make 
available the resources of their agencies to the OSC as specified in the 
RCP and ACP.
    (g) RRT members should nominate appropriately qualified 
representatives from their agencies to work with OSCs in developing and 
maintaining ACPs.
    (h) Affected states are encouraged to participate actively in all 
RRT activities. Each state Governor is requested to assign an office or 
agency to represent the state on the appropriate RRT; to designate 
representatives to work with the RRT in developing RCPs; to plan for, 
make available, and coordinate state resources for use in response 
actions; and to serve as the contact point for coordination of response 
with local government agencies, whether or not represented on the RRT. 
The state's RRT representative should keep the State Emergency Response 
Commission (SERC) apprised of RRT activities and coordinate RRT 
activities with the SERC. Local governments are invited to participate 
in activities on the appropriate RRT as provided by state law or as 
arranged by the state's representative. Indian tribes are also invited 
to participate in such activities.
    (i) The standing RRT shall recommend changes in the regional 
response organization as needed, revise the RCP as needed, evaluate the 
preparedness of the participating agencies and the effectiveness of ACPs 
for the federal response to discharges, and provide technical assistance 
for preparedness to the response community. The RRT should:
    (1) Review and comment, to the extent practicable, on local 
emergency response plans or other issues related to the preparation, 
implementation, or exercise of such plans upon request of a local 
emergency planning committee;
    (2) Evaluate regional and local responses to discharges on a 
continuing basis, considering available legal remedies, equipment 
readiness, and coordination among responsible public agencies and 
private organizations, and recommend improvements;
    (3) Recommend revisions of the NCP to the NRT, based on observations 
of response operations;
    (4) Review OSC actions to ensure that RCPs and ACPs are effective;
    (5) Encourage the state and local response community to improve its 
preparedness for response;
    (6) In coordination with the Area Committee and in accordance with 
any applicable laws, regulations, or requirements, conduct advance 
planning for use of dispersants, surface washing agents, surface 
collecting agents, burning agents, bioremediation agents, or other 
chemical agents in accordance with subpart J of this part;
    (7) Be prepared to provide response resources to major discharges or 
releases outside the region;
    (8) Conduct or participate in training and exercises as necessary to 
encourage preparedness activities of the response community within the 
region;
    (9) Meet at least semiannually to review response actions carried 
out during the preceding period, consider changes in RCPs, and recommend 
changes in ACPs;
    (10) Provide letter reports on RRT activities to the NRT twice a 
year, no later than January 31 and July 31; and
    (11) Ensure maximum participation in the national exercise program 
for announced and unannounced exercises.
    (j)(1) The RRT may be activated by the chair as an incident-specific 
response team when a discharge:
    (A) Exceeds the response capability available to the OSC in the 
place where it occurs;
    (B) Transects state boundaries;
    (C) May pose a substantial threat to the public health or welfare, 
or to regionally significant amounts of property; or
    (D) Is a worst case discharge, as defined in section 1.5 of this 
appendix.
    (2) The RRT shall be activated during any discharge upon a request 
from the OSC, or

[[Page 259]]

from any RRT representative, to the chair of the RRT. Requests for RRT 
activation shall later be confirmed in writing. Each representative, or 
an appropriate alternate, should be notified immediately when the RRT is 
activated.
    (3) During prolonged removal or remedial action, the RRT may not 
need to be activated or may need to be activated only in a limited 
sense, or may need to have available only those member agencies of the 
RRT who are directly affected or who can provide direct response 
assistance.
    (4) When the RRT is activated for a discharge or release, agency 
representatives will meet at the call of the chair and may:
    (A) Monitor and evaluate reports from the OSC, advise the OSC on the 
duration and extent of response, and recommend to the OSC specific 
actions to respond to the discharge;
    (B) Request other federal, state, or local governments, or private 
agencies, to provide resources under their existing authorities to 
respond to a discharge or to monitor response operations;
    (C) Help the OSC prepare information releases for the public and for 
communication with the NRT;
    (D) If the circumstances warrant, make recommendations to the 
regional or district head of the agency providing the OSC that a 
different OSC should be designated; and
    (E) Submit pollution reports to the NRC as significant developments 
occur.
    (5) RCPs shall specify detailed criteria for activation of RRTs.
    (6) At the regional level, a Regional Response Center (RRC) may 
provide facilities and personnel for communications, information 
storage, and other requirements for coordinating response. The location 
of each RRC should be provided in the RCP.
    (7) When the RRT is activated, affected states may participate in 
all RRT deliberations. State government representatives participating in 
the RRT have the same status as any federal member of the RRT.
    (8) The RRT can be deactivated when the incident-specific RRT chair 
determines that the OSC no longer requires RRT assistance.
    (9) Notification of the RRT may be appropriate when full activation 
is not necessary, with systematic communication of pollution reports or 
other means to keep RRT members informed as to actions of potential 
concern to a particular agency, or to assist in later RRT evaluation of 
regionwide response effectiveness.
    (k) Whenever there is insufficient national policy guidance on a 
matter before the RRT, a technical matter requiring solution, a question 
concerning interpretation of the NCP, or a disagreement on discretionary 
actions among RRT members that cannot be resolved at the regional level, 
it may be referred to the NRT for advice.

                                3.3 Area.

    3.3.1 On-scene coordinator. The OSC is the federal official 
predesignated by EPA or the USCG to coordinate and direct federal 
responses under subpart D of the NCP. The USCG shall provide OSCs for 
oil discharges, including discharges from facilities and vessels under 
the jurisdiction of another federal agency, within or threatening the 
coastal zone. EPA shall provide OSCs for discharges into or threatening 
the inland zone. In carrying out a response, the OSC may direct or 
monitor all federal, state, and private actions to remove a discharge. 
In contingency planning and removal, the OSC coordinates, directs, and 
reviews the work of other agencies, Area Committees, responsible 
parties, and contractors to assure compliance with the NCP, decision 
document, consent decree, administrative order, and lead agency-approved 
plans applicable to the response.
    3.3.2 Area committees. (a) Area Committees shall be responsible for: 
(1) preparing an ACP for their areas; (2) working with appropriate 
federal, state, and local officials to enhance the contingency planning 
of those officials and to assure pre-planning of joint response efforts, 
including appropriate procedures for mechanical recovery, dispersal, 
shoreline cleanup, protection of sensitive environmental areas, and 
protection, rescue, and rehabilitation of fisheries and wildlife; and 
(3) working with appropriate federal, state, and local officials to 
expedite decisions for the use of dispersants and other mitigating 
substances and devices.
    (b) The OSC is responsible for overseeing development of the ACP in 
the area of the OSC's responsibility. The ACP, when implemented in 
conjunction with other provisions of the NCP, shall be adequate to 
remove a worst case discharge, and to mitigate and prevent a substantial 
threat of such a discharge, from a vessel, offshore facility, or onshore 
facility operating in or near the area.
    3.3.3 Special teams. (a) Special teams include: NOAA/EPA's SSCs; 
EPA's Environmental Response Team (ERT); and USCG's NSF; DRGs; and NPFC 
(see Figure 2).
    (b) SSCs may be designated by the OSC as the principal advisors for 
scientific issues, communication with the scientific community, and 
coordination of requests for assistance from state and federal agencies 
regarding scientific studies. The SSC strives for a consensus on 
scientific issues affecting the response, but ensures that differing 
opinions within the community are communicated to the OSC.
    (1) Generally, SSCs are provided by NOAA in the coastal zones, and 
by EPA in the inland zone. OSC requests for SSC support may be made 
directly to the SSC assigned to the area or to the agency member of the 
RRT. NOAA SSCs may also be requested through

[[Page 260]]

NOAA's SSC program office in Seattle, WA. NOAA SSCs are assigned to USCG 
Districts and are supported by a scientific support team that includes 
expertise in environmental chemistry, oil slick tracking, pollutant 
transport modeling, natural resources at risk, environmental tradeoffs 
of countermeasures and cleanup, and information management.
[GRAPHIC] [TIFF OMITTED] TC02AU92.019


[[Page 261]]


    (2) During a response, the SSC serves on the federal OSC's staff and 
may, at the request of the OSC, lead the scientific team and be 
responsible for providing scientific support for operational decisions 
and for coordinating on-scene scientific activity. Depending on the 
nature and location of the incident, the SSC integrates expertise from 
governmental agencies, universities, community representatives, and 
industry to assist the OSC in evaluating the hazards and potential 
effects of releases and in developing response strategies.
    (3) At the request of the OSC, the SSC may facilitate the OSC's work 
with the lead administrative trustee for natural resources to ensure 
coordination between damage assessment data collection efforts and data 
collected in support of response operations.
    (4) SSCs support the RRTs and the Area Committees in preparing 
regional and area contingency plans and in conducting spill training and 
exercises. For area plans, the SSC provides leadership for the synthesis 
and integration of environmental information required for spill response 
decisions in support of the OSC.
    (c)(1) SUPSALV has an extensive salvage/search and recovery 
equipment inventory with the requisite knowledge and expertise to 
support these operations, including specialized salvage, firefighting, 
and petroleum, oil and lubricants offloading capability.
    (2) When possible, SUPSALV will provide equipment for training 
exercises in support of national and regional contingency planning 
objectives.
    (3) The OSC/RPM may request assistance directly from SUPSALV. Formal 
requests are routed through the Chief of Naval Operations (N312).
    (d) The ERT is established by the EPA in accordance with its 
disaster and emergency responsibilities. The ERT has expertise in 
treatment technology, biology, chemistry, hydrology, geology and 
engineering.
    (1) The ERT can provide access to special decontamination equipment 
and advice to the OSC in hazard evaluation; risk assessment; multimedia 
sampling and analysis program; on-site safety, including development and 
implementation plans; cleanup techniques and priorities; water supply 
decontamination and protection; application of dispersants; 
environmental assessment; degree of cleanup required; and disposal of 
contaminated material. The ERT also provides both introductory and 
intermediate level training courses to prepare response personnel.
    (2) OSC or RRT requests for ERT support should be made to the EPA 
representative on the RRT; EPA Headquarters, Director, Emergency 
Response Division; or the appropriate EPA regional emergency 
coordinator.
    (e) The NSF is a special team established by the USCG, including the 
three USCG Strike Teams, the Public Information Assist Team (PIAT), and 
the NSFCC. The NSF is available to assist OSCs in their preparedness and 
response duties.
    (1) The three Strike Teams (Atlantic, Gulf, and Pacific) provide 
trained personnel and specialized equipment to assist the OSC in 
training for spill response, stabilizing and containing the spill, and 
in monitoring or directing the response actions of the responsible 
parties and/or contractors. The OSC has a specific team designated for 
initial contact and may contact that team directly for any assistance.
    (2) The NSFCC can provide the following support to the OSC:
    --Technical assistance, equipment and other resources to augment the 
OSC staff during spill response;
    --Assistance in coordinating the use of private and public resources 
in support of the OSC during a response to or a threat of a worst case 
discharge of oil;
    --Review of the ACP, including an evaluation of equipment readiness 
and coordination among responsible public agencies and private 
organizations;
    --Assistance in locating spill response resources for both response 
and planning, using the NSFCC's national and international computerized 
inventory of spill response resources;
    --Coordination and evaluation of pollution response exercises; and
    --Inspection of district prepositioned pollution response equipment.
    (3) PIAT is an element of the NSFCC staff which is available to 
assist OSCs to meet the demands for public information during a response 
or exercise. Its use is encouraged any time the OSC requires outside 
public affairs support. Requests for PIAT assistance may be made through 
the NSFCC or NRC.
    (f)(1) The DRG assists the OSC by providing technical assistance, 
personnel, and equipment, including pre-positioned equipment. Each DRG 
consists of all Coast Guard personnel and equipment, including marine 
firefighting equipment, in its district, additional pre-positioned 
equipment, and a District Response Advisory Team (DRAT) that is 
available to provide support to the OSC in the event that a spill 
exceeds local response capabilities. Each DRG:
    (A) Shall provide technical assistance, equipment, and other 
resources as available when requested by an OSC through the USCG 
representative to the RRT;
    (B) Shall ensure maintenance of all USCG response equipment within 
its district;
    (C) May provide technical assistance in the preparation of the ACP; 
and
    (D) Shall review each of those plans that affect its area of 
geographic responsibility.
    (2) In deciding where to locate personnel and pre-positioned 
equipment, the USCG shall give priority emphasis to:

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    (A) The availability of facilities for loading and unloading heavy 
or bulky equipment by barge;
    (B) The proximity to an airport capable of supporting large military 
transport aircraft;
    (C) The flight time to provide response to oil spills in all areas 
of the Coast Guard district with the potential for marine casualties;
    (D) The availability of trained local personnel capable of 
responding in an oil spill emergency; and
    (E) Areas where large quantities of petroleum products are 
transported.
    (g) The NPFC is responsible for implementing those portions of Title 
I of the OPA that have been delegated to the Secretary of the department 
in which the Coast Guard is operating. The NPFC is responsible for 
addressing funding issues arising from discharges and threats of 
discharges of oil. The NPFC:
    (1) Issues Certificates of Financial Responsibility to owners and 
operators of vessels to pay for costs and damages that are incurred by 
their vessels as a result of oil discharges; (2) Provides funding for 
various response organizations for timely abatement and removal actions 
related to oil discharges;
    (3) Provides equitable compensation to claimants who sustain costs 
and damages from oil discharges when the responsible party fails to do 
so;
    (4) Recovers monies from persons liable for costs and damages 
resulting from oil discharges to the full extent of liability under the 
law; and
    (5) Provides funds to initiate natural resources damage assessment.
    (h) The organizational concepts of the national response system 
discussed above are depicted in Figure 3.

                      4.0 Preparedness activities.

    4.1 Federal contingency plans. This section summarizes emergency 
preparedness activities relating to discharges of oil and describes the 
three levels of contingency planning under the national response system.
    4.1.1 National contingency plan. (a) The NCP provides for efficient, 
coordinated, and effective response to discharges of oil in accordance 
with the authorities of the CWA. It provides for:
    (1) The national response organization that may be activated in 
response actions and specifies responsibilities among the federal, 
state, and local governments and describes resources that are available 
for response;
    (2) The establishment of requirements for federal, regional, and 
area contingency plans;
    (3) Procedures for undertaking removal actions pursuant to section 
311 of the CWA;

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[GRAPHIC] [TIFF OMITTED] TC02AU92.020

    (4) Procedures for involving state governments in the initiation, 
development, selection, and implementation of response actions;
    (5) Listing of federal trustees for natural resources for purposes 
of the CWA;
    (6) Procedures for the participation of other persons in response 
actions; and
    (7) National procedures for the use of dispersants and other 
chemicals in removals under the CWA.
    (b) In implementing the NCP, consideration shall be given to 
international assistance plans and agreements, security regulations and 
responsibilities based on international agreements, federal statutes, 
and executive orders. Actions taken pursuant to the provisions of any 
applicable international joint contingency plans shall be consistent 
with the NCP, to the greatest extent possible. The Department of State 
shall be consulted, as appropriate, prior to taking action which may 
affect its activities.
    4.1.2 Regional contingency plans. The RRTs, working with the states, 
shall develop federal RCPs for each standard federal region, Alaska, 
Oceania in the Pacific, and the Caribbean to coordinate timely, 
effective response by various federal agencies and other organizations 
to discharges of oil. RCPs shall, as appropriate, include information on 
all useful facilities and resources in the region, from government, 
commercial, academic, and other sources. To the greatest extent 
possible, RCPs shall follow the format of the NCP and be coordinated 
with state emergency response plans, ACPs, and Title III local emergency 
response plans. Such coordination should be accomplished by working with 
the SERCs in the region covered by the RCP. RCPs shall contain lines of 
demarcation between the inland and coastal zones,

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as mutually agreed upon by the USCG and the EPA.
    4.1.3 Area contingency plans. (a) Under the direction of an OSC and 
subject to approval by the lead agency, each Area Committee, in 
consultation with the appropriate RRTs, DRGs, the NSFCC, SSCs, Local 
Emergency Planning Committees (LEPCs), and SERCs, shall develop an ACP 
for its designated area. This plan, when implemented in conjunction with 
other provisions of the NCP, shall be adequate to remove a worst case 
discharge, and to mitigate or prevent a substantial threat of such a 
discharge, from a vessel, offshore facility, or onshore facility 
operating in or near the area.
    (b) The areas of responsibility may include several Title III local 
planning districts, or parts of such districts. In developing the ACP, 
the OSC shall coordinate with affected SERCs and LEPCs. The ACP shall 
provide for a well coordinated response that is integrated and 
compatible to the greatest extent possible with all appropriate response 
plans of state, local, and non-federal entities, and especially with 
Title III local emergency response plans.
    (c) The ACP shall include the following:
    (1) A description of the area covered by the plan, including the 
areas of special economic or environmental importance that might be 
impacted by a discharge;
    (2) A description in detail of the responsibilities of an owner or 
operator and of federal, state, and local agencies in removing a 
discharge, and in mitigating or preventing a substantial threat of a 
discharge;
    (3) A list of equipment (including firefighting equipment), 
dispersants, or other mitigating substances and devices, and personnel 
available to an owner or operator and federal, state, and local 
agencies, to ensure an effective and immediate removal of a discharge, 
and to ensure mitigation or prevention of a substantial threat of a 
discharge (this may be provided in an appendix or by reference to other 
relevant emergency plans (e.g., state or LEPC plans), which may include 
such equipment lists);
    (4) A description of procedures to be followed for obtaining an 
expedited decision regarding the use of dispersants; and
    (5) A detailed description of how the plan is integrated into other 
ACPs and tank vessel, offshore facility, and onshore facility response 
plans approved by the President, and into operating procedures of the 
NSFCC.
    4.1.4 Fish and Wildlife and sensitive environments plan annex. (a) 
In order to provide for coordinated, immediate and effective protection, 
rescue, and rehabilitation of, and minimization of risk of injury to, 
fish and wildlife resources and habitat, Area Committees shall 
incorporate into each ACP a detailed annex containing a Fish and 
Wildlife and Sensitive Environments Plan that is consistent with the RCP 
and NCP. The annex shall be prepared in consultation with the U.S. Fish 
and Wildlife Service (FWS) and NOAA and other interested natural 
resource management agencies and parties. It shall address fish and 
wildlife resources and their habitat, and shall include other areas 
considered sensitive environments in a separate section of the annex, 
based upon Area Committee recommendations. The annex shall provide the 
necessary information and procedures to immediately and effectively 
respond to discharges that may adversely affect fish and wildlife and 
their habitat and sensitive environments, including provisions for a 
response to a worst case discharge. Such information shall include the 
identification of appropriate agencies and their responsibilities, 
procedures to notify these agencies following a discharge or threat of a 
discharge; protocols for obtaining required fish and wildlife permits 
and other necessary permits, and provisions to ensure compatibility of 
annex-related activities with removal operations.
    (b) The annex shall:
    (1) Identify and establish priorities for fish and wildlife 
resources and their habitats and other important sensitive areas 
requiring protection from any direct or indirect effects from discharges 
that may occur. These effects include, but are not limited to, any 
seasonal or historical use, as well as all critical, special, 
significant or otherwise designated protected areas.
    (2) Provide a mechanism to be used during a spill response for 
timely identification of protection priorities of those fish and 
wildlife resources and habitats and sensitive environmental areas that 
may be threatened or injured by a discharge. These include as 
appropriate, not only marine and freshwater species, habitats, and their 
food sources, but also terrestrial wildlife and their habitats that may 
be affected directly by onshore oil or indirectly by oil-related 
factors, such as loss or contamination of forage. The mechanism shall 
also provide for expeditious evaluation and appropriate consultations on 
the effects to fish and wildlife, their habitat, and other sensitive 
environments from the application of chemical countermeasures or other 
countermeasures not addressed under paragraph (3) of this section.
    (3) Identify potential environmental effects on fish and wildlife, 
their habitat, and other sensitive environments resulting from removal 
actions or countermeasures, including the option of no removal. Based on 
this evaluation of potential environmental effects, the annex should 
establish priorities for application of countermeasure and removal 
actions to habitats within the geographic region of the ACP. The annex 
should establish methods to minimize the identified effects on fish and 
wildlife because of response activities, including, but not limited to, 
disturbance of sensitive areas and habitats; illegal or inadvertent 
taking or disturbance of

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fish and wildlife or specimens by response personnel; and fish and 
wildlife, their habitat, and environmentally sensitive areas coming in 
contact with various cleaning or bioremediation agents. Furthermore, the 
annex should identify the areas where the movement of oiled debris may 
pose a risk to resident, transient, or migratory fish and wildlife, and 
other sensitive environments and should discuss measures to be 
considered for removing such oiled debris in a timely fashion to reduce 
such risk.
    (4) Provide for pre-approval of application of specific 
countermeasures or removal actions that, if expeditiously applied, will 
minimize adverse spill-induced impacts to fish and wildlife resources, 
their habitat, and other sensitive environments. Such pre-approval plans 
must be consistent with paragraphs (2) and (3) of this section and 
subpart J requirements of the NCP, and must have the concurrence of the 
natural resource trustees.
    (5) Provide monitoring plan(s) to evaluate the effectiveness of 
different countermeasures or removal actions in protecting the 
environment. Monitoring should include ``set-aside'' or ``control'' 
areas, where no mitigative actions are taken.
    (6) Identify and plan for the acquisition and utilization of 
necessary response capabilities for protection, rescue, and 
rehabilitation of fish and wildlife resources and habitat. This may 
include appropriately permitted private organizations and individuals 
with appropriate expertise and experience. The suitable organizations 
should be identified in cooperation with natural resource law 
enforcement agencies. Such capabilities shall include, but not be 
limited to, identification of facilities and equipment necessary for 
deterring sensitive fish and wildlife from entering oiled areas, and for 
capturing, holding, cleaning, and releasing injured wildlife. Plans for 
the provision of such capabilities shall ensure that there is no 
interference with other OSC removal operations.
    (7) Identify appropriate federal and state agency contacts and 
alternates responsible for coordination of fish and wildlife rescue and 
rehabilitation and protection of sensitive environments; identify and 
provide for required fish and wildlife handling and rehabilitation 
permits necessary under federal and state laws; and provide guidance on 
the implementation of law enforcement requirements included under 
current federal and state laws and corresponding regulations. 
Requirements include, but are not limited to procedures regarding the 
capture, transport, rehabilitation, release of wildlife exposed to or 
threatened by oil, and disposal of contaminated carcasses of wildlife.
    (8) Identify and secure the means for providing, if needed, the 
minimum required Occupational Safety and Health Administration (OSHA) 
training for volunteers, including those who assist with injured 
wildlife.
    (9) Evaluate the compatibility between this annex and non-federal 
response plans (including those of vessels, facilities and pipelines) on 
issues affecting fish and wildlife, their habitat, and sensitive 
environments.

               4.2 OPA facility and vessel response plans

    This section describes and cross-references the regulations that 
implement section 311(j)(5) of the CWA. A tank vessel, as defined under 
section 2101 of title 46, U.S. Code, an offshore facility, and an 
onshore facility that, because of its location, could reasonably expect 
to cause substantial harm to the environment by discharging into or on 
the navigable waters, adjoining shorelines, or exclusive economic zone 
must prepare and submit a plan for responding, to the maximum extent 
practicable, to a worst case discharge, and to a substantial threat of 
such a discharge, of oil or a hazardous substance. These response plans 
are required to be consistent with applicable Area Contingency Plans. 
These regulations are codified as follows:
    (a) For tank vessels, these regulations are codified in 33 CFR part 
155;
    (b) For offshore facilities, these regulations are codified in 30 
CFR part 254;
    (c) For non-transportation related onshore facilities, these 
regulations are codified in 40 CFR part 112.20;
    (d) For transportation-related onshore facilities, these regulations 
are cofidied in 33 CFR part 154;
    (e) For pipeline facilities, these regulations are codified in 49 
CFR part 194; and
    (f) For rolling stock, these regulations are codified in 49 CFR part 
106 et al.

                      4.3 Relation to others plans.

    4.3.1 Federal response plans. In the event of a declaration of a 
major disaster by the President, the FEMA may activate the Federal 
Response Plan (FRP). A Federal Coordinating Officer (FCO), designated by 
the President, may implement the FRP and coordinate and direct emergency 
assistance and disaster relief of impacted individuals, business, and 
public services under the Robert T. Stafford Disaster Relief Act. 
Delivery of federal assistance is facilitated through twelve functional 
annexes to the FRP known as Emergency Support Functions (ESFs). EPA 
coordinates activities under ESF 10--Hazardous Materials, which 
addresses preparedness and response to hazardous materials and oil 
incidents caused by a natural disaster or other catastrophic event. In 
such cases, the OSC should coordinate response

[[Page 266]]

activities with the FCO, through the incident-specific ESF 10 
Chair, to ensure consistency with federal disaster assistance 
activities.
    4.3.2 Tank Vessel and Facility Response Plans. (a) Under CWA section 
311(j)(5), tank vessels, offshore facilities, and certain onshore 
facilities are required to prepare and submit response plans for review 
and approval by the President for the carriage, storage, and 
transportation of oil and hazardous substances. Separate regulations 
published by the appropriate federal agencies provide for required 
response plan development and/or approval.
    (b) These plans shall be developed to coordinate responsible party 
actions with the OSC and the ACP response strategies, for response to 
oil discharges within the inland and coastal zones of the United States.

                       4.4 Pre-approval authority.

    (a) RRTs and Area Committees shall address, as part of their 
planning activities, the desirability of using appropriate dispersants, 
surface washing agents, surface collecting agents, bioremediation 
agents, or miscellaneous oil spill control agents listed on the NCP 
Product Schedule, and the desirability of using appropriate burning 
agents. RCPs and ACPs shall, as appropriate, include applicable 
preauthorization plans and address the specific contexts in which such 
products should and should not be used. In meeting the provisions of 
this paragraph, preauthorization plans may address factors such as the 
potential sources and types of oil that might be spilled, the existence 
and location of environmentally sensitive resources that might be 
impacted by spilled oil, available product and storage locations, 
available equipment and adequately trained operators, and the available 
means to monitor product application and effectiveness. The RRT 
representatives from EPA and the states with jurisdiction over the 
waters of the area to which a preauthorization plan applies and the DOC 
and DOI natural resource trustees shall review and either approve, 
disapprove, or approve with modification the preauthorization plans 
developed by Area Committees, as appropriate. Approved preauthorization 
plans shall be included in the appropriate RCPs and ACPs. If the RRT 
representatives from EPA and the states with jurisdiction over the 
waters of the area to which a preauthorization plan applies and the DOC 
and DOI natural resource trustees approve in advance the use of certain 
products under specified circumstances as described in the 
preauthorization plan, the OSC may authorize the use of the products 
without obtaining the specific concurrences described in paragraphs (b) 
and (c) of this section.
    (b) For spill situations that are not addressed by the 
preauthorization plans developed pursuant to paragraph (a) of this 
section, the OSC, with the concurrence of the EPA representative to the 
RRT and, as appropriate, the concurrence of the RRT representatives from 
the states with jurisdiction over the navigable waters threatened by the 
discharge, and in consultation with the DOC and DOI natural resource 
trustees, when practicable, may authorize the use of dispersants, 
surface washing agents, surface collecting agents, bioremediation 
agents, or miscellaneous oil spill control agents on the oil discharge, 
provided that the products are listed on the NCP Product Schedule.
    (c) The OSC, with the concurrence of the EPA representative to the 
RRT and, as appropriate, the concurrence of the RRT representatives from 
the states with jurisdiction over the navigable waters threatened by the 
discharge, and in consultation with the DOC and DOI natural resource 
trustees, when practicable, may authorize the use of burning agents on a 
case-by-case basis.
    (d) The OSC may authorize the use of any dispersant, surface washing 
agent, surface collecting agent, other chemical agent, burning agent, 
bioremediation agent, or miscellaneous oil spill control agent, 
including products not listed on the NCP Product Schedule, without 
obtaining the concurrence of the EPA representative to the RRT and, as 
appropriate, the RRT representatives from the states with jurisdiction 
over the navigable waters threatened by the discharge, when, in the 
judgment of the OSC, the use of the product is necessary to prevent or 
substantially reduce a hazard to human life. Whenever the OSC authorizes 
the use of a product pursuant to this paragraph, the OSC is to inform 
the EPA RRT representative and, as appropriate, the RRT representatives 
from the affected states and, when practicable, the DOC/DOI natural 
resource trustees of the use of a product, including products not on the 
Schedule, as soon as possible. Once the threat to human life has 
subsided, the continued use of a product shall be in accordance with 
paragraphs (a), (b), and (c) of this section.
    (e) Sinking agents shall not be authorized for application to oil 
discharges.
    (f) When developing preauthorization plans, RRTs may require the 
performance of supplementary toxicity and effectiveness testing of 
products, in addition to the test methods specified in Sec. 300.915 and 
described in appendix C to part 300, due to existing site-specific or 
area-specific concerns.
    4.5 Area response drills. The OSC periodically shall conduct drills 
of removal capability (including fish and wildlife response), without 
prior notice, in areas for which ACPs are required and under relevant 
tank vessel and facility response plans.

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                        5.0 Response operations.

    (a) The OSC shall direct response efforts and coordinate all other 
efforts at the scene of a discharge. As part of the planning and 
preparation for response, OSCs shall be predesignated by the regional or 
district head of the lead agency.
    (b) The first federal official affiliated with an NRT member agency 
to arrive at the scene of a discharge should coordinate activities under 
the NCP and is authorized to initiate, in consultation with the OSC, any 
necessary actions normally carried out by the OSC until the arrival of 
the predesignated OSC. This official may initiate federal OSLTF-financed 
actions only as authorized by the OSC or, if the OSC is unavailable, the 
authorized representative of the lead agency.
    (c) The OSC shall, to the extent practicable, collect pertinent 
facts about the discharge, such as its source and cause; the 
identification of responsible parties; the nature, amount, and location 
of discharged materials; the probable direction and time of travel of 
discharged materials; whether the discharge is a worst case discharge; 
the pathways to human and environmental exposure; the potential impact 
on human health, welfare, and safety and the environment; whether the 
discharge poses a substantial threat to the public health or welfare; 
the potential impact on natural resources and property which may be 
affected; priorities for protecting human health and welfare and the 
environment; and appropriate cost documentation.
    (d) The OSC's efforts shall be coordinated with other appropriate 
federal, state, local, and private response agencies. OSCs may designate 
capable persons from federal, state, or local agencies to act as their 
on-scene representatives. State and local governments, however, are not 
authorized to take actions under subpart D of the NCP that involve 
expenditures of the OSLTF unless an appropriate contract or cooperative 
agreement has been established.
    (e) The OSC should consult regularly with the RRT and NSFCC, as 
appropriate, in carrying out the NCP and keep the RRT and NSFCC, as 
appropriate, informed of activities under the NCP.
    (f) The OSC should evaluate incoming information and immediately 
advise FEMA of potential major disaster situations.
    (g) The OSC is responsible for addressing worker health and safety 
concerns at a response scene.
    (h) In those instances where a possible public health emergency 
exists, the OSC should notify the HHS representative to the RRT. 
Throughout response actions, the OSC may call upon the OSHA and HHS 
representative for assistance on worker health and safety issues.
    (i) All federal agencies should plan for emergencies and develop 
procedures for dealing with oil discharges and releases of hazardous 
substances, pollutants, or contaminants from vessels and facilities 
under their jurisdiction. All federal agencies, therefore, are 
responsible for designating the office that coordinates response to such 
incidents in accordance with the NCP and applicable federal regulations 
and guidelines.
    (j)(1) The OSC shall ensure that the natural resource trustees are 
promptly notified of discharges.
    (2) The OSC shall coordinate all response activities with the 
affected natural resource trustees and shall consult with the affected 
trustees on the appropriate removal action to be taken.
    (3) Where the OSC becomes aware that a discharge may affect any 
endangered or threatened species, or their habitat, the OSC shall 
consult with DOI, DOC/NOAA, and, if appropriate, the cognizant federal 
land managing agency.
    (k) The OSC shall submit pollution reports (POLREPs) to the RRT and 
other appropriate agencies as significant developments occur during 
response actions, through communications networks or procedures agreed 
to by the RRT and covered in the RCP.
    (l) The OSC should ensure that all appropriate public and private 
interests are kept informed and that their concerns are considered 
throughout a response, to the extent practicable.
    5.1 Phase I--Discovery or notification. (a) A discharge of oil may 
be discovered through:
    (1) A report submitted by the person in charge of a vessel or 
facility, in accordance with statutory requirements;
    (2) Deliberate search by patrols;
    (3) Random or incidental observation by government agencies or the 
public; or
    (4) Other sources.
    (b) Any person in charge of a vessel or a facility shall, as soon as 
he or she has knowledge of any discharge from such vessel or facility in 
violation of section 311(b)(3) of the CWA, immediately notify the NRC. 
Notification shall be made to the NRC Duty Officer, HQ USCG, Washington, 
DC, telephone (800) 424-8802 or (202) 267-2675. If direct reporting to 
the NRC is not practicable, reports may be made to the USCG or EPA 
predesignated OSC for the geographic area where the discharge occurs. 
The EPA predesignated OSC may also be contacted through the regional 24-
hour emergency response telephone number. All such reports shall be 
promptly relayed to the NRC. If it is not possible to notify the NRC or 
predesignated OSC immediately, reports may be made immediately to the 
nearest Coast Guard unit. In any event, such person in charge of the 
vessel or facility shall notify the NRC as soon as possible.
    (c) Any other person shall, as appropriate, notify the NRC of a 
discharge of oil.

[[Page 268]]

    (d) Upon receipt of a notification of discharge, the NRC shall 
promptly notify the OSC. The OSC shall ensure notification of the 
appropriate state agency of any state which is, or may reasonably be 
expected to be, affected by the discharge. The OSC shall then proceed 
with the following phases as outlined in the RCP and ACP.
    5.2 Phase II--Preliminary assessment and initiation of action
    (a) The OSC is responsible for promptly initiating a preliminary 
assessment.
    (b) The preliminary assessment shall be conducted using available 
information, supplemented where necessary and possible by an on-scene 
inspection. The OSC shall undertake actions to:
    (1) Evaluate the magnitude and severity of the discharge or threat 
to public health or welfare or the environment;
    (2) Assess the feasibility of removal; and
    (3) To the extent practicable, identify potentially responsible 
parties.
    (c) Where practicable, the framework for the response management 
structure is a system (e.g., a unified command system), that brings 
together the functions of the federal government, the state government, 
and the responsible party to achieve an effective and efficient 
response, where the OSC maintains authority.
    (d) Except in a case when the OSC is required to direct the response 
to a discharge that may pose a substantial threat to the public health 
or welfare (including, but not limited to fish, shellfish, wildlife, 
other natural resources, and the public and private beaches and 
shorelines of the United States), the OSC may allow the responsible 
party to voluntarily and promptly perform removal actions, provided the 
OSC determines such actions will ensure an effective and immediate 
removal of the discharge or mitigation or prevention of a substantial 
threat of a discharge. If the responsible party does conduct the 
removal, the OSC shall ensure adequate surveillance over whatever 
actions are initiated. If effective actions are not being taken to 
eliminate the threat, or if removal is not being properly done, the OSC 
should, to the extent practicable under the circumstances, so advise the 
responsible party. If the responsible party does not respond properly, 
the OSC shall take appropriate response actions and should notify the 
responsible party of the potential liability for federal response costs 
incurred by the OSC pursuant to the OPA and CWA. Where practicable, 
continuing efforts should be made to encourage response by responsible 
parties.
    (1) In carrying out a response under this section, the OSC may:
    (A) Remove or arrange for the removal of a discharge, and mitigate 
or prevent a substantial threat of a discharge, at any time;
    (B) Direct or monitor all federal, state, and private actions to 
remove a discharge; and
    (C) Remove and, if necessary, destroy a vessel discharging, or 
threatening to discharge, by whatever means are available.
    (2) If the discharge results in a substantial threat to the public 
health or welfare of the United States (including, but not limited to 
fish, shellfish, wildlife, other natural resources, and the public and 
private beaches and shorelines of the United States), the OSC must 
direct all response efforts, as provided in section 5.3.4 of this 
appendix. The OSC should declare as expeditiously as practicable to 
spill response participants that the federal government will direct the 
response. The OSC may act without regard to any other provision of the 
law governing contracting procedures or employment of personnel by the 
federal government in removing or arranging for the removal of such a 
discharge.
    (e) The OSC shall ensure that the natural resource trustees are 
promptly notified in the event of any discharge of oil, to the maximum 
extent practicable as provided in the Fish and Wildlife and Sensitive 
Environments Plan annex to the ACP for the area in which the discharge 
occurs. The OSC and the trustees shall coordinate assessments, 
evaluations, investigations, and planning with respect to appropriate 
removal actions. The OSC shall consult with the affected trustees on the 
appropriate removal action to be taken. The trustees will provide timely 
advice concerning recommended actions with regard to trustee resources 
potentially affected. The trustees also will assure that the OSC is 
informed of their activities in natural resource damage assessment that 
may affect response operations. The trustees shall assure, through the 
lead administrative trustee, that all data from the natural resource 
damage assessment activities that may support more effective operational 
decisions are provided in a timely manner to the OSC. When circumstances 
permit, the OSC shall share the use of non-monetary response resources 
(i.e., personnel and equipment) with the trustees, provided trustee 
activities do not interfere with response actions. The lead 
administrative trustee facilitates effective and efficient communication 
between the OSC and the other trustees during response operations and is 
responsible for applying to the OSC for non-monetary federal response 
resources on behalf of all trustees. The lead administrative trustee is 
also responsible for applying to the National Pollution Funds Center for 
funding for initiation of damage assessment for injuries to natural 
resources.

                        5.3 Patterns of response.

    5.3.1 Determinations to initiate response and special conditions.
    (a) In accordance with the CWA, the Administrator of EPA or the 
Secretary of the department in which the USCG is operating, as 
appropriate, is authorized to act for the

[[Page 269]]

United States to take response measures deemed necessary to protect the 
public health or welfare or environment from discharges of oil.
    (b) The Administrator of EPA or the Secretary of the department in 
which the USCG is operating, as appropriate, is authorized to initiate 
and, in the case of a discharge posing a substantial threat to public 
health or welfare is required to initiate and direct, appropriate 
response activities when the Administrator or Secretary determines that 
any oil is discharged or there is a substantial threat of such discharge 
from any vessel or offshore or onshore facility into or on the navigable 
waters of the United States, on the adjoining shorelines to the 
navigable waters, into or on the waters of the exclusive economic zone, 
or that may affect natural resources belonging to, appertaining to, or 
under exclusive management authority of the United States.
    (c) In addition to any actions taken by a state or local government, 
the Administrator of EPA or the Secretary of the department in which the 
USCG is operating may request the U.S. Attorney General to secure the 
relief from any person, including the owner or operator of the vessel or 
facility necessary to abate a threat or, after notice to the affected 
state, take any other action authorized by section 311 of the CWA, 
including issuing administrative orders, that may be necessary to 
protect the public health or welfare, if the Administrator or Secretary 
determines that there may be an imminent and substantial threat to the 
public health or welfare or the environment of the United States, 
including fish, shellfish, and wildlife, public and private property, 
shorelines, beaches, habitats, and other living and nonliving natural 
resources under the jurisdiction or control of the United States, 
because of an actual or threatened discharge of oil from any vessel or 
offshore or onshore facility into or upon the navigable waters of the 
United States.
    (d) Response actions to remove discharges originating from 
operations conducted subject to the Outer Continental Shelf Lands Act 
shall be in accordance with the NCP.
    (e) Where appropriate, when a discharge involves radioactive 
materials, the lead or support federal agency shall act consistent with 
the notification and assistance procedures described in the appropriate 
Federal Radiological Plan. For the purpose of the NCP, the Federal 
Radiological Emergency Response Plan (FRERP) (50 FR 46542, November 8, 
1985) is the appropriate plan. Most radiological discharges and releases 
do not result in FRERP activation and should be handled in accordance 
with the NCP. However, releases from nuclear incidents subject to 
requirements for financial protection established by the Nuclear 
Regulatory Commission under the Price-Anderson amendments (section 170) 
of the Atomic Energy Act are specifically excluded from CERCLA and NCP 
requirements.
    (f) Removal actions involving nuclear weapons should be conducted in 
accordance with the joint Department of Defense, Department of Energy, 
and FEMA Agreement for Response to Nuclear Incidents and Nuclear Weapons 
Significant Incidents (January 8, 1981).
    (g) If the situation is beyond the capability of state and local 
governments and the statutory authority of federal agencies, the 
President may, under the Disaster Relief Act of 1974, act upon a request 
by the Governor and declare a major disaster or emergency and appoint a 
FCO to coordinate all federal disaster assistance activities. In such 
cases, the OSC would continue to carry out OSC responsibilities under 
the NCP, but would coordinate those activities with the FCO to ensure 
consistency with other federal disaster assistance activities.
    (h) In the event of a declaration of a major disaster by the 
President, FEMA may activate the FRP. An FCO, designated by the 
President, may implement the FRP and coordinate and direct emergency 
assistance and disaster relief of impacted individuals, business, and 
public services under the Robert T. Stafford Disaster Relief Act. 
Delivery of federal assistance is facilitated through twelve functional 
annexes to the FRP known as ESFs. EPA coordinates activities under ESF 
10--Hazardous Materials, which addresses preparedness and 
response to hazardous materials and oil incidents caused by a natural 
disaster or other catastrophic event. In such cases, the OSC/RPM should 
coordinate response activities with the FCO, through the incident-
specific ESF 10 Chair, to ensure consistency with federal 
disaster assistance activities.
    5.3.2 General pattern of response. (a) When the OSC receives a 
report of a discharge, actions normally should be taken in the following 
sequence:
    (1) Investigate the report to determine pertinent information such 
as the threat posed to public health or welfare or the environment, the 
type and quantity of polluting material, and the source of the 
discharge.
    (2) Officially classify the size (i.e., minor, medium, major) and 
type (i.e., substantial threat to the public health or welfare, worst 
case discharge) of the discharge and determine the course of action to 
be followed to ensure effective and immediate removal, mitigation, or 
prevention of the discharge. Some discharges that are classified as a 
substantial threat to the public health or welfare may be further 
classified as a spill of national significance by the Administrator of 
EPA or the Commandant of the USCG. The appropriate course of action may 
be prescribed in 5.3.4, 5.3.5, and 5.3.6 of this appendix.

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    (A) When the reported discharge is an actual or potential major 
discharge, the OSC shall immediately notify the RRT and the NRC.
    (B) When the investigation shows that an actual or potential medium 
discharge exists, the OSC shall recommend activation of the RRT, if 
appropriate.
    (C) When the investigation shows that an actual or potential minor 
discharge exists, the OSC shall monitor the situation to ensure that 
proper removal action is being taken.
    (3) If the OSC determines that effective and immediate removal, 
mitigation, or prevention of a discharge can be achieved by private 
party efforts, and where the discharge does not pose a substantial 
threat to the public health or welfare, determine whether the 
responsible party or other person is properly carrying out removal. 
Removal is being done properly when:
    (A) The responsible party is applying the resources called for in 
its response plan to effectively and immediately remove, minimize, or 
mitigate threat(s) to public health and welfare and the environment; and
    (B) The removal efforts are in accordance with applicable 
regulations, including the NCP. Even if the OSC supplements responsible 
party resources with government resources, the spill response will not 
be considered improper, unless specifically determined by the OSC.
    (4) Where appropriate, determine whether a state or political 
subdivision thereof has the capability to carry out any or all removal 
actions. If so, the OSC may arrange funding to support these actions.
    (5) Ensure prompt notification of the trustees of affected natural 
resources in accordance with the applicable RCP and ACP.
    (b) Removal shall be considered complete when so determined by the 
OSC in consultation with the Governor or Governors of the affected 
states. When the OSC considers removal complete, OSLTF removal funding 
shall end. This determination shall not preclude additional removal 
actions under applicable state law.
    5.3.3 Containment, countermeasures, and cleanup. (a) Defensive 
actions shall begin as soon as possible to prevent, minimize, or 
mitigate threat(s) to the public health or welfare or the environment. 
Actions may include but are not limited to: analyzing water samples to 
determine the source and spread of the oil; controlling the source of 
discharge; source and spread control or salvage operations; placement of 
physical barriers to deter the spread of the oil and to protect natural 
resources and sensitive ecosystems; measuring and sampling; control of 
the water discharged from upstream impoundment; and the use of chemicals 
and other materials in accordance with subpart J of part 300 of the NCP 
to restrain the spread of the oil and mitigate its effects. The ACP 
should be consulted for procedures to be followed for obtaining an 
expedited decision regarding the use of dispersants and other products 
listed on the NCP Product Schedule.
    (b) As appropriate, actions shall be taken to recover the oil or 
mitigate its effects. Of the numerous chemical or physical methods that 
may be used, the chosen methods shall be the most consistent with 
protecting public health and welfare and the environment. Sinking agents 
shall not be used.
    (c) Oil and contaminated materials recovered in cleanup operations 
shall be disposed of in accordance with the RCP, ACP, and any applicable 
laws, regulations, or requirements. RRT and Area Committee guidelines 
may identify the disposal options available during an oil spill response 
and may describe what disposal requirements are mandatory or may not be 
waived by the OSC. ACP guidelines should address: the sampling, testing, 
and classifying of recovered oil and oiled debris; the segregation and 
stockpiling of recovered oil and oiled debris; prior state disposal 
approvals and permits; and the routes; methods (e.g. recycle/reuse, on-
site burning, incineration, landfilling, etc.); and sites for the 
disposal of collected oil, oiled debris, and animal carcasses; 
procedures for obtaining waivers, exemptions, or authorizations 
associated with handling or transporting waste materials. The ACPs may 
identify a hierachy of preferences for disposal alternatives, with 
recycling (reprocessing) being the most preferred, and other 
alternatives preferred based on priorities for health or the 
environment.
    5.3.4 Response to a substantial threat to the public health or 
welfare. (a) The OSC shall determine whether a discharge results in a 
substantial threat to public health or welfare (including, but not 
limited to, fish, shellfish, wildlife, other natural resources, the 
public and private beaches, and shorelines of the United States). 
Factors to be considered by the OSC in making this determination 
include, but are not limited to, the size of the discharge, the 
character of the discharge, and the nature of the threat to public 
health or welfare. Upon obtaining such information, the OSC shall 
conduct an evaluation of the threat posed, based on the OSC's experience 
in assessing other discharges and consultation with senior lead agency 
officials and readily available authorities on issues outside the OSC's 
technical expertise.
    (b) If the investigation by the OSC shows that the discharge poses 
or may present a substantial threat to public health or welfare, the OSC 
shall direct all federal, state, or private actions to remove the 
discharge or to mitigate or prevent the threat of such a discharge, as 
appropriate. In directing the response in such cases, the OSC may act 
without regard to any other provision of law

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governing contracting procedures or employment of personnel by the 
federal government to:
    (1) Remove or arrange for the removal of the discharge;
    (2) Mitigate or prevent the substantial threat of the discharge; and
    (3) Remove and, if necessary, destroy a vessel discharging, or 
threatening to discharge, by whatever means are available.
    (c) In the case of a substantial threat to the public health or 
welfare, the OSC shall:
    (1) Assess opportunities for the use of various special teams and 
other assistance, including the use of the services of the NSFCC, as 
appropriate;
    (2) Request immediate activation of the RRT; and
    (3) Take whatever additional response actions are deemed 
appropriate, including but not limited to implementation of the ACP or 
relevant tank vessel or facility response plan.
    (d) When requested by the OSC, the lead agency or RRT shall dispatch 
appropriate personnel to the scene of the discharge to assist the OSC. 
This assistance may include technical support in the agency's areas of 
expertise and disseminating information to the public. The lead agency 
shall ensure that a contracting officer is available on scene, at the 
request of the OSC.
    5.3.5 Enhanced activities during a spill of national significance. 
(a) A discharge may be classified as an SONS by the Administrator of EPA 
for discharges occurring in the inland zone and the Commandant of the 
USCG for discharges occurring in the coastal zone.
    (b) For an SONS in the inland zone, the EPA Administrator may name a 
senior Agency official to assist the OSC in: (1) Communicating with 
affected parties and the public; and (2) coordinating federal, state, 
local, and international resources at the national level. This strategic 
coordination will involve, as appropriate, the NRT, RRT(s), the 
Governor(s) of affected state(s), and the mayor(s) or other chief 
executive(s) of local government(s).
    (c) For an SONS in the coastal zone, the USCG Commandant may name a 
National Incident Commander (NIC) who will assume the role of the OSC 
in: (1) Communicating with affected parties and the public; and (2) 
coordinating federal, state, local, and international resources at the 
national level. This strategic coordination shall involve, as 
appropriate, the NRT, RRT(s), the Governor(s) of affected state(s), and 
the mayor(s) or other chief executive(s) of local government(s).
    5.3.6 Response to worst case discharges. (a) If the investigation by 
the OSC shows that a discharge is a worst case discharge as defined in 
the ACP, or there is a substantial threat of such a discharge, the OSC 
shall:
    (1) Notify the NSFCC;
    (2) Require, where applicable, implementation of the worst case 
portion of an approved tank vessel or facility response plan;
    (3) Implement the worst case portion of the ACP, if appropriate; and
    (4) Take whatever additional response actions are deemed 
appropriate.
    (b) Under the direction of the OSC, the NSFCC shall coordinate use 
of private and public personnel and equipment, including strike teams, 
to remove a worst case discharge and mitigate or prevent a substantial 
threat of such a discharge.
    5.3.7 Multi-regional responses. (a) If a discharge moves from the 
area covered by one ACP or RCP into another area, the authority for 
response actions should likewise shift. If a discharge affects areas 
covered by two or more ACPs or RCPs, the response mechanisms of each 
applicable plan may be activated. In this case, response actions of all 
regions concerned shall be fully coordinated as detailed in the RCPs and 
ACPs.
    (b) There shall be only one OSC at any time during the course of a 
response operation. Should a discharge affect two or more areas, EPA, 
the USCG, DOD, DOE, or other lead agency, as appropriate, shall give 
prime consideration to the area vulnerable to the greatest threat, in 
determining which agency should provide the OSC. The RRT shall designate 
the OSC if the RRT member agencies who have response authority within 
the affected areas are unable to agree on the designation. The NRT shall 
designate the OSC if members of one RRT or two adjacent RRTs are unable 
to agree on the designation.
    5.3.8 Worker health and safety. (a) Response actions under the NCP 
shall comply with the provisions for response action worker safety and 
health in 29 CFR 1910.120. The national response system meets the 
requirements of 29 CFR 1910.120 concerning use of an incident command 
system.
    (b) In a response action taken by a responsible party, the 
responsible party must assure that an occupational safety and health 
program consistent with 29 CFR 1910.120 is made available for the 
protection of workers at the response site.
    (c) In a response taken under the NCP by a lead agency, an 
occupational safety and health program should be made available for the 
protection of workers at the response site, consistent with, and to the 
extent required by, 29 CFR 1910.120. Contracts relating to a response 
action under the NCP should contain assurances that the contractor at 
the response site will comply with this program and with any applicable 
provisions of the Occupational Safety and Health Act of 1970 (OSH Act) 
and state laws with plans approved under section 18 of the OSH Act.
    (d) When a state, or political subdivision of a state, without an 
OSHA-approved state plan is the lead agency for response, the state or 
political subdivision must comply

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with standards in 40 CFR part 311, promulgated by the EPA pursuant to 
section 126(f) of the Superfund Amendments and Reauthorization Act of 
1986 (SARA).
    (e) Requirements, standards, and regulations of the OSH Act and of 
state OSH laws not directly referenced in paragraphs (a) through (d) of 
this section, must be complied with where applicable. Federal OSH Act 
requirements include, among other things, Construction Standards (29 CFR 
part 1926), General Industry Standards (29 CFR part 1910), and the 
general duty requirement of section 5(a)(1) of the OSH Act (29 U.S.C. 
654(a)(1)). No action by the lead agency with respect to response 
activities under the NCP constitutes an exercise of statutory authority 
within the meaning of section 4(b)(1) of the OSH Act. All governmental 
agencies and private employers are directly responsible for the health 
and safety of their own employees.

                              5.4 Disposal

    Oil recovered in cleanup operations shall be disposed of in 
accordance with the RCP, ACP, and any applicable laws, regulations, or 
requirements. RRT and ACP guidelines may identify the disposal plans to 
be followed during an oil spill response and may address: the sampling, 
testing, and classifying of recovered oil and oiled debris; the 
segregation and stockpiling of recovered oil and oiled debris; prior 
state disposal approvals and permits; and the routes; methods (e.g., 
recycle/reuse, on-site burning, incineration, landfilling, etc.); and 
sites for the disposal of collected oil, oiled debris, and animal 
carcasses.

                      5.5 Natural Resource Trustees

    5.5.1 Damage assessment. (a) Upon notification or discovery of 
injury to, destruction of, loss of, or threat to natural resources, 
trustees may, pursuant to section 1006 of the OPA, take the following 
actions as appropriate:
    (1) Conduct a preliminary survey of the area affected by the 
discharge to determine if trust resources under their jurisdiction are, 
or potentially may be, affected;
    (2) Cooperate with the OSC in coordinating assessments, 
investigations, and planning;
    (3) Carry out damage assessments; or
    (4) Devise and carry out a plan for restoration, rehabilitation, 
replacement, or acquisition of equivalent natural resources. In 
assessing damages to natural resources, the federal, state, and Indian 
tribe trustees have the option of following the procedures for natural 
resource damage assessments located at 43 CFR part 11.
    (b) Upon notification or discovery of injury to, destruction of, 
loss of, or loss of use of, natural resources, or the potential for 
such, resulting from a discharge of oil occurring after August 18, 1990, 
the trustees, pursuant to section 1006 of the OPA, are to take the 
following actions:
    (1) In accordance with OPA section 1006(c), determine the need for 
assessment of natural resource damages, collect data necessary for a 
potential damage assessment, and, where appropriate, assess damages to 
natural resources under their trusteeship; and
    (2) As appropriate, and subject to the public participation 
requirements of OPA section 1006(c), develop and implement a plan for 
the restoration, rehabilitation, replacement, or acquisition of the 
equivalent, of the natural resources under their trusteeship.
    (c)(1) The trustees, consistent with procedures specified in the 
Fish and Wildlife and Sensitive Environments Annex to the Area 
Contingency Plan, shall provide timely advice on recommended actions 
concerning trustee resources that are potentially affected by a 
discharge of oil. This may include providing assistance to the OSC in 
identifying/recommending pre-approved response techniques and in 
predesignating shoreline types and areas in ACPs.
    (2) The trustees shall assure, through the lead administrative 
trustee, that the OSC is informed of their activities regarding natural 
resource damage assessment that may affect response operations in order 
to assure coordination and minimize any interference with such 
operations. The trustees shall assure, through the lead administrative 
trustee, that all data from the natural resource damage assessment 
activities that may support more effective operational decisions are 
provided in a timely manner to the OSC.
    (3) The OSC deploys federal response resources, including but not 
limited to aircraft, vessels, and booms to contain and remove discharged 
oil. When circumstances permit, the OSC shall share the use of federal 
response resources with the trustees, providing trustee activities do 
not interfere with response actions. The lead administrative trustee 
facilitates effective and efficient communication between the OSC and 
the other trustees during response operations and is responsible for 
applying to the OSC for non-monetary federal response resources on 
behalf of all trustees. The lead administrative trustee is also 
responsible for applying to the National Pollution Funds Center for 
funding for initiation of damage assessment for injuries to natural 
resources.
    (d) The authority of federal trustees includes, but is not limited 
to the following actions:
    (1) Requesting that the Attorney General seek compensation from the 
responsible parties for the damages assessed and for the costs of an 
assessment and of restoration planning;
    (2) Participating in negotiations between the United States and 
potentially responsible parties (PRPs) to obtain PRP-financed

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or PRP-conducted assessments and restorations for injured resources or 
protection for threatened resources and to agree to covenants not to 
sue, where appropriate; and
    (3) Initiating damage assessments, as provided in OPA section 6002.
    (e) Actions which may be taken by any trustee pursuant to section 
311(f)(5) of the CWA or section 1006 of the OPA include, but are not 
limited to, any of the following:
    (1) Requesting that an authorized agency issue an administrative 
order or pursue injunctive relief against the parties responsible for 
the discharge; or
    (2) Requesting that the lead agency remove, or arrange for the 
removal of any oil from a contaminated medium pursuant to section 311 of 
the CWA.
    5.5.2 Lead administrative trustee. The lead administrative trustee 
is a natural resource trustee who is designated on an incident-by-
incident basis and chosen by the other trustees whose natural resources 
are affected by the incident. The lead administrative trustee 
facilitates effective and efficient communication between the OSC and 
the other trustees during response operations and is responsible for 
applying to the OSC for non-monetary federal response resources on 
behalf of all trustees. The lead administrative trustee is also 
responsible for applying to the National Pollution Funds Center for 
funding for initiation of damage assessment for injuries to natural 
resources.
    5.5.3 OSC coordination. (a) The OSC shall ensure that the natural 
resource trustees are promptly notified in the event of any discharge of 
oil, to the maximum extent practicable, as provided in the Fish and 
Wildlife and Sensitive Environments Plan annex to the ACP for the area 
in which the discharge occurs. The OSC and the trustees shall coordinate 
assessments, evaluations, investigations, and planning with respect to 
appropriate removal actions. The OSC shall consult with the affected 
trustees on the appropriate removal action to be taken.
    (b) The trustees will provide timely advice concerning recommended 
actions with regard to trustee resources that are potentially affected. 
This may include providing assistance to the OSC in identifying/
recommending pre-approved response techniques, and in predesignating 
shoreline types and areas in ACPs.
    (c) The trustees also will assure that the OSC is informed of their 
activities regarding natural resource damage assessment that may affect 
response operations.
    5.5.4 Dissemination of information. (a) When an incident occurs, it 
is imperative to give the public prompt, accurate information on the 
nature of the incident and the actions underway to mitigate the damage. 
OSCs and community relations personnel should ensure that all 
appropriate public and private interests are kept informed and that 
their concerns are considered throughout a response. They should 
coordinate with available public affairs/community relations resources 
to carry out this responsibility by establishing, as appropriate, a 
Joint Information Center bringing together resources from federal and 
state agencies and the responsible party.
    (b) An on-scene news office may be established to coordinate media 
relations and to issue official federal information on an incident. 
Whenever possible, it will be headed by a representative of the lead 
agency. The OSC determines the location of the on-scene news office, but 
every effort should be made to locate it near the scene of the incident. 
If a participating agency believes public interest warrants the issuance 
of statements and an on-scene news office has not been established, the 
affected agency should recommend its establishment. All federal news 
releases or statements by participating agencies should be cleared 
through the OSC. Information dissemination relating to natural resource 
damage assessment activities shall be coordinated through the lead 
administrative trustee. The designated lead administrative trustee may 
assist the OSC by disseminating information on issues relating to damage 
assessment activities. Following termination of the removal activity, 
information dissemination on damage assessment activities shall be 
through the lead administrative trustee.
    5.5.5 Responsibilities of trustees. (a) Where there are multiple 
trustees, because of coexisting or contiguous natural resources or 
concurrent jurisdictions, they should coordinate and cooperate in 
carrying out these responsibilities.
    (b) Trustees are responsible for designating to the RRTs and the 
Area Committees, for inclusion in the RCP and the ACP, appropriate 
contacts to receive notifications from the OSCs of discharges.
    (c)(1) Upon notification or discovery of injury to, destruction of, 
loss of, or threat to natural resources, trustees may, pursuant to 
section 311(f)(5) of the CWA, take the following or other actions as 
appropriate:
    (A) Conduct a preliminary survey of the area affected by the 
discharge or release to determine if trust resources under their 
jurisdiction are, or potentially may be, affected;
    (B) Cooperate with the OSC in coordinating assessments, 
investigations, and planning;
    (C) Carry out damage assessments; or
    (D) Devise and carry out a plan for restoration, rehabilitation, 
replacement, or acquisition of equivalent natural resources. In 
assessing damages to natural resources, the federal, state, and Indian 
tribe trustees have the option of following the procedures for natural 
resource damage assessments located at 43 CFR part 11.

[[Page 274]]

    (2) Upon notification or discovery of injury to, destruction of, 
loss of, or loss of use of, natural resources, or the potential for 
such, resulting from a discharge of oil occurring after August 18, 1990, 
the trustees, pursuant to section 1006 of the OPA, are to take the 
following actions:
    (A) In accordance with OPA section 1006(c), determine the need for 
assessment of natural resource damages, collect data necessary for a 
potential damage assessment, and, where appropriate, assess damages to 
natural resources under their trusteeship; and
    (B) As appropriate, and subject to the public participation 
requirements of OPA section 1006(c), develop and implement a plan for 
the restoration, rehabilitation, replacement, or acquisition of the 
equivalent, of the natural resources under their trusteeship;
    (3)(A) The trustees, consistent with procedures specified in the 
Fish and Wildlife and Sensitive Environments Annex to the Area 
Contingency Plan, shall provide timely advice on recommended actions 
concerning trustee resources that are potentially affected by a 
discharge of oil. This may include providing assistance to the OSC in 
identifying/recommending pre-approved response techniques and in 
predesignating shoreline types and areas in ACPs.
    (B) The trustees shall assure, through the lead administrative 
trustee, that the OSC is informed of their activities regarding natural 
resource damage assessment that may affect response operations in order 
to assure coordination and minimize any interference with such 
operations. The trustees shall assure, through the lead administrative 
trustee, that all data from the natural resource damage assessment 
activities that may support more effective operational decisions are 
provided in a timely manner to the OSC.
    (C) When circumstances permit, the OSC shall share the use of 
federal response resources (including but not limited to aircraft, 
vessels, and booms to contain and remove discharged oil) with the 
trustees, providing trustee activities do not interfere with response 
actions. The lead administrative trustee facilitates effective and 
efficient communication between the OSC and the other trustees during 
response operations and is responsible for applying to the OSC for non-
monetary federal response resources on behalf of all trustees. The lead 
administrative trustee also is responsible for applying to the National 
Pollution Funds Center for funding for initiation of damage assessment 
for injuries to natural resources.
    (d) The authority of federal trustees includes, but is not limited 
to the following actions:
    (1) Requesting that the Attorney General seek compensation from the 
responsible parties for the damages assessed and for the costs of an 
assessment and of restoration planning; and
    (2) Initiating damage assessments, as provided in OPA section 6002.
    (e) Actions which may be taken by any trustee pursuant to section 
1006 of the OPA include, but are not limited to, any of the following:
    (1) Requesting that an authorized agency issue an administrative 
order or pursue injunctive relief against the parties responsible for 
the discharge or release; or
    (2) Requesting that the lead agency remove, or arrange for the 
removal of, or provide for remedial action with respect to, any oil from 
a contaminated medium pursuant to section 311 of CWA.

                   5.6 Oil spill liability trust fund.

    5.6.1 Funding. (a) The OSLTF is available under certain 
circumstances to fund removal of oil performed under section 311 of the 
CWA. Those circumstances and the procedures for accessing the OSLTF are 
described in 33 CFR subchapter M. The responsible party is liable for 
costs of federal removal and damages in accordance with section 311(f) 
of the CWA, section 1002 of the OPA, and other federal laws.
    (b) Response actions other than removal, such as scientific 
investigations not in support of removal actions or law enforcement, 
shall be provided by the agency with legal responsibility for those 
specific actions.
    (c) The funding of a response to a discharge from a federally owned, 
operated, or supervised facility or vessel is the responsibility of the 
owning, operating, or supervising agency if it is a responsible party.
    (d) The following agencies have funds available for certain 
discharge removal actions:
    (1) DOD has two specific sources of funds that may be applicable to 
an oil discharge under appropriate circumstances. This does not consider 
military resources that might be made available under specific 
conditions.
    (i) Funds required for removal of a sunken vessel or similar 
obstruction of navigation are available to the Corps of Engineers 
through Civil Works Appropriations, Operations and Maintenance, General.
    (ii) The U.S. Navy (USN) may conduct salvage operations contingent 
on defense operational commitments, when funded by the requesting 
agency. Such funding may be requested on a direct cite basis.
    (2) Pursuant to Title I of the OPA, the state or states affected by 
a discharge of oil may act where necessary to remove such discharge. 
Pursuant to 33 CFR subchapter M, states may be reimbursed from the OSLTF 
for the reasonable costs incurred in such a removal.
    5.6.2 Claims. (a) Claims are authorized to be presented to the OSLTF 
under section 1013 of the OPA of 1990, for certain uncompensated removal 
costs or uncompensated damages resulting from the discharge, or

[[Page 275]]

substantial threat of discharge, of oil from a vessel or facility into 
or upon the navigable waters, adjoining shorelines, or exclusive 
economic zone of the United States.
    (b) Anyone desiring to file a claim against the OSLTF may obtain 
general information on the procedure for filing a claim from the 
Director, National Pollution Funds Center, Suite 1000, 4200 Wilson 
Boulevard, Arlington, Virginia, 22203-1804, (703) 235-4756.

                  5.7 Documentation and Cost Recovery.

    (a) All OSLTF users need to collect and maintain documentation to 
support all actions taken under the CWA. In general, documentation shall 
be sufficient to support full cost recovery for resources utilized and 
shall identify the source and circumstances of the incident, the 
responsible party or parties, and impacts and potential impacts to 
public health and welfare and the environment. Documentation procedures 
are contained in 33 CFR subchapter M.
    (b) When appropriate, documentation shall also be collected for 
scientific understanding of the environment and for research and 
development of improved response methods and technology. Funding for 
these actions is restricted by section 6002 of the OPA.
    (c) As requested by the NRT or RRT, the OSC shall submit to the NRT 
or RRT a complete report on the removal operation and the actions taken. 
The OSC report shall record the situation as it developed, the actions 
taken, the resources committed, and the problems encountered. The RRT 
shall review the OSC report with its comments or recommendations within 
30 days after the RRT has received the OSC report.
    (d) OSCs shall ensure the necessary collection and safeguarding of 
information, samples, and reports. Samples and information shall be 
gathered expeditiously during the response to ensure an accurate record 
of the impacts incurred. Documentation materials shall be made available 
to the trustees of affected natural resources. The OSC shall make 
available to the trustees of affected natural resources information and 
documentation in the OSC's possession that can assist the trustees in 
the determination of actual or potential natural resource injuries.
    (e) Information and reports obtained by the EPA or USCG OSC shall be 
transmitted to the appropriate offices responsible for follow-up 
actions.

                    5.8 National response priorities

    (a) Safety of human life must be given the top priority during every 
response action. This includes any search and rescue efforts in the 
general proximity of the discharge and the insurance of safety of 
response personnel.
    (b) Stabilizing the situation to preclude the event from worsening 
is the next priority. All efforts must be focused on saving a vessel 
that has been involved in a grounding, collision, fire, or explosion, so 
that it does not compound the problem. Comparable measures should be 
taken to stabilize a situation involving a facility, pipeline, or other 
source of pollution. Stabilizing the situation includes securing the 
source of the spill and/or removing the remaining oil from the container 
(vessel, tank, or pipeline) to prevent additional oil spillage, to 
reduce the need for follow-up response action, and to minimize adverse 
impact to the environment.
    (c) The response must use all necessary containment and removal 
tactics in a coordinated manner to ensure a timely, effective response 
that minimizes adverse impact to the environment.
    (d) All parts of this national response strategy should be addressed 
concurrently, but safety and stabilization are the highest priorities. 
The OSC should not delay containment and removal decisions unnecessarily 
and should take actions to minimize adverse impact to the environment 
that begin as soon as a discharge occurs, as well as actions to minimize 
further adverse environmental impact from additional discharges.
    (e) The priorities set forth in this section are broad in nature, 
and should not be interpreted to preclude the consideration of other 
priorities that may arise on a site-specific basis.

                        6.0 Response coordination

    6.1 Nongovernmental participation. (a) Industry groups, academic 
organizations, and others are encouraged to commit resources for 
response operations. Specific commitments should be listed in the RCP 
and ACP. Those entities required to develop tank vessel and facility 
response plans under CWA section 311(j) must be able to respond to a 
worst case discharge to the maximum extent practicable, and should 
commit sufficient resources to implement other aspects of those plans.
    (b) The technical and scientific information generated by the local 
community, along with information from federal, state, and local 
governments, should be used to assist the OSC in devising response 
strategies where effective standard techniques are unavailable. Such 
information and strategies will be incorporated into the ACP, as 
appropriate. The SSC may act as liaison between the OSC and such 
interested organizations.
    (c) ACPs shall establish procedures to allow for well organized, 
worthwhile, and safe use of volunteers, including compliance with 
requirements regarding worker health and safety. ACPs should provide for 
the direction of volunteers by the OSC or by other federal, state, or 
local officials knowledgeable in contingency operations and capable of 
providing leadership. ACPs also should

[[Page 276]]

identify specific areas in which volunteers can be used, such as beach 
surveillance, logistical support, and bird and wildlife treatment. 
Unless specifically requested by the OSC, volunteers generally should 
not be used for physical removal or remedial activities. If, in the 
judgment of the OSC, dangerous conditions exist, volunteers shall be 
restricted from on-scene operations.
    (d) Nongovernmental participation must be in compliance with the 
requirements of subpart H of the NCP if any recovery of costs will be 
sought.

                     6.2 Natural resource trustees.

    6.2.1 Federal agencies. (a) The President is required to designate 
in the NCP those federal officials who are to act on behalf of the 
public as trustees for natural resources. These designated federal 
officials shall act pursuant to section 1006 of the OPA. ``Natural 
resources'' means land, fish, wildlife, biota, air, water, ground water, 
drinking water supplies, and other such resources belonging to, managed 
by, held in trust by, appertaining to, or otherwise controlled 
(hereinafter referred to as ``managed or controlled'') by the United 
States, including the resources of the exclusive economic zone.
    (b) The following individuals shall be the designated trustee(s) for 
general categories of natural resources, including their supporting 
ecosystems. They are authorized to act pursuant to section 1006 of the 
OPA when there is injury to, destruction of, loss of, or threat to 
natural resources, including their supporting ecosystems as a result of 
a discharge of oil. Notwithstanding the other designations in this 
section, the Secretaries of Commerce and the Interior shall act as 
trustees of those resources subject to their respective management or 
control.
    (1) The Secretary of Commerce shall act as trustee for natural 
resources managed or controlled by DOC and for natural resources managed 
or controlled by other federal agencies and that are found in, under, or 
using waters navigable by deep draft vessels, tidally influenced waters 
or waters of the contiguous zone, the exclusive economic zone, and the 
outer continental shelf. However, before the Secretary takes an action 
with respect to an affected resource under the management or control of 
another federal agency, he shall, whenever practicable, seek to obtain 
concurrence of that other federal agency. Examples of the Secretary's 
trusteeship include the following natural resources and their supporting 
ecosystems: marine fishery resources; anadromous fish; endangered 
species and marine mammals; and the resources of National Marine 
Sanctuaries and National Estuarine Research Reserves.
    (2) The Secretary of the Interior shall act as trustee for natural 
resources managed or controlled by DOI. Examples of the Secretary's 
trusteeship include the following natural resources and their supporting 
ecosystems: migratory birds; anadromous fish; endangered species and 
marine mammals; federally owned minerals; and certain federally managed 
water resources. The Secretary of the Interior shall also be trustee for 
those natural resources for which an Indian tribe would otherwise act as 
trustee in those cases where the United States acts on behalf of the 
Indian tribe.
    (3) Secretary for the land managing agency. For natural resources 
located on, over, or under land administered by the United States, the 
trustee shall be the head of the department in which the land managing 
agency is found. The trustees for the principal federal land managing 
agencies are the Secretaries of DOI, USDA, DOD, and DOE.
    (4) Head of Authorized Agencies. For natural resources located 
within the United States but not otherwise described in this section, 
the trustee is the head of the federal agency or agencies authorized to 
manage or control those resources.
    6.2.2 State. (a) State trustees shall act on behalf of the public as 
trustees for natural resources, including their supporting ecosystems, 
within the boundary of a state or belonging to, managed by, controlled 
by, or appertaining to such state. For the purposes of section 6.1, the 
definition of the term ``state'' does not include Indian tribes.
    (b) The Governor of a state is encouraged to designate a lead state 
trustee to coordinate all state trustee responsibilities with other 
trustee agencies and with response activities of the RRT and OSC. The 
state's lead trustee would designate a representative to serve as a 
contact with the OSC. This individual should have ready access to 
appropriate state officials with environmental protection, emergency 
response, and natural resource responsibilities. The EPA Administrator 
or USCG Commandant or their designees may appoint the lead state trustee 
as a member of the Area Committee. Response strategies should be 
coordinated between the state and other trustees and the OSC for 
specific natural resource locations in an inland or coastal zone, and 
should be included in the Fish and Wildlife and Sensitive Environments 
Plan annex of the ACP.
    6.2.3 Indian tribes. The tribal chairmen (or heads of the governing 
bodies) of Indian tribes, as defined in section 1.5, or a person 
designated by the tribal officials, shall act on behalf of the Indian 
tribes as trustees for the natural resources, including their supporting 
ecosystems, belonging to, managed by, controlled by, or appertaining to 
such Indian tribe, or held in trust for the benefit of such Indian 
tribe, or belonging to a member of such Indian tribe, if such resources 
are subject to a trust restriction on alienation. When the tribal 
chairman or head of the tribal governing body designates another

[[Page 277]]

person as trustee, the tribal chairman or head of the tribal governing 
body shall notify the President of such designation.
    6.2.4 Foreign trustees. Pursuant to section 1006 of the OPA, foreign 
trustees shall act on behalf of the head of a foreign government as 
trustees for natural resources belonging to, managed by, controlled by, 
or appertaining to such foreign government.

                          6.3 Federal agencies.

    (a) Federal agencies listed in this appendix have duties established 
by statute, executive order, or Presidential directive which may apply 
to federal response actions following, or in prevention of, the 
discharge of oil. Some of these agencies also have duties relating to 
the restoration, rehabilitation, replacement, or acquisition of 
equivalent natural resources injured or lost as a result of such 
discharge. The NRT, RRT, and Area Committee organizational structure, 
and the NCP, RCPs, and ACPs provide for agencies to coordinate with each 
other in carrying out these duties.
    (b) Federal agencies may be called upon by an OSC during response 
planning and implementation to provide assistance in their respective 
areas of expertise, consistent with the agencies' capabilities and 
authorities.
    (c) In addition to their general responsibilities, federal agencies 
should:
    (1) Make necessary information available to the Secretary of the 
NRT, RRTs, Area Committees, and OSCs;
    (2) Provide representatives to the NRT and RRTs and otherwise assist 
RRTs and OSCs, as necessary, in formulating RCPs and ACPs; and
    (3) Inform the NRT, RRTs, and Area Committees consistent with 
national security considerations, of changes in the availability of 
resources that would affect the operations implemented under the NCP.
    (d) All federal agencies must report discharges of oil, as required 
in 40 CFR part 110, from vessels or facilities under their jurisdiction 
or control to the NRC.

                       6.4 Other Federal agencies.

    6.4.1 Department of Commerce. (a) The DOC, through NOAA, provides 
scientific support for response and contingency planning in coastal and 
marine areas, including assessments of the hazards that may be involved, 
predictions of movement and dispersion of oil through trajectory 
modeling, and information on the sensitivity of coastal environments to 
oil and associated cleanup and mitigation methods; provides expertise on 
living marine resources and their habitats, including endangered 
species, marine mammals and National Marine Sanctuary ecosystems; and 
provides information on actual and predicted meteorological, 
hydrological, ice, and oceanographic conditions for marine, coastal, and 
inland waters, and tide and circulation data for coastal and territorial 
waters and for the Great Lakes. In addition to this expertise, NOAA 
provides SSCs in the coastal zone, as described under section 3.3.3 of 
this appendix, Special teams.
    6.4.2 Department of Justice. The DOJ can provide expert advice on 
complicated legal questions arising from discharges, and federal agency 
responses. In addition, the DOJ represents the federal government, 
including its agencies, in litigation relating to such discharges. Other 
legal issues or questions shall be directed to the federal agency 
counsel for the agency providing the OSC for the response.
    6.4.3 Department of Defense. The DOD has responsibility to take all 
action necessary with respect to discharges where either the discharge 
is on, or the sole source of a discharge is from, any facility or vessel 
under the jurisdiction, custody, or control of DOD. In addition to those 
capabilities provided by SUPSALV, DOD may also, consistent with its 
operational requirements and upon request of the OSC, provide locally 
deployed USN oil spill response equipment and provide assistance to 
other federal agencies upon request. The following two branches of DOD 
have particularly relevant expertise:
    (a) The United States Army Corps of Engineers has specialized 
equipment and personnel for maintaining navigation channels, for 
removing navigation obstructions, for accomplishing structural repairs, 
and for performing maintenance to hydropower electric generating 
equipment. The Corps can also provide design services, perform 
construction, and provide contract writing and contract administrative 
services for other federal agencies.
    (b) The U.S. Navy Supervisor of Salvage (SUPSLAV) is the branch of 
the service within DOD most knowledgeable and experienced in ship 
salvage, shipboard damage control, and diving. The USN has an extensive 
array of specialized equipment and personnel available for use in these 
areas as well as specialized containment, collection, and removal 
equipment specifically designed for salvage-related and open-sea 
pollution incidents.
    6.4.4 Department of Health and Human Services. (a) The HHS assists 
with the assessment, preservation, and protection of human health and 
helps ensure the availability of essential human services. HHS provides 
technical and nontechnical assistance in the form of advice, guidance, 
and resources to other federal agencies as well as state and local 
governments.
    (b) The principal HHS response comes from the U.S. Public Health 
Service and is coordinated from the Office of the Assistant Secretary 
for Health, and various Public Health Service regional offices. Within 
the Public Health Service, the primary response to a

[[Page 278]]

hazardous materials emergency comes from the Agency for Toxic Substances 
and Disease Registry (ATSDR) and the Centers for Disease Control (CDC). 
Both ATSDR and CDC have a 24-hour emergency response capability wherein 
scientific and technical personnel are available to provide technical 
assistance to the lead federal agency and state and local response 
agencies on human health threat assessment and analysis, and exposure 
prevention and mitigation. Such assistance is used for situations 
requiring evacuation of affected areas, human exposure to hazardous 
materials, and technical advice on mitigation and prevention. CDC takes 
the lead during petroleum releases regulated under the CWA and OPA while 
ATSDR takes the lead during chemical releases under CERCLA. Both 
agencies are mutually supportive.
    (c) Other Public Health Service agencies involved in support during 
hazardous materials incidents either directly or through ATSDR/CDC 
include the Food and Drug Administration, the Health Resources and 
Services Administration, the Indian Health Service, and the National 
Institutes of Health.
    (d) Statutory authority for HHS/National Institutes for 
Environmental Health Sciences (NIEHS) involvement in hazardous materials 
accident prevention is non-regulatory in nature and focused on two 
primary areas for preventing community and worker exposure to hazardous 
materials releases: (1) worker safety training and (2) basic research 
activities. Under section 126 of the SARA, NIEHS is given statutory 
authority for supporting development of curricula and model training 
programs for waste workers and chemical emergency responders. Under 
section 118(b) of the Hazardous Materials Transportation and Uniform 
Safety Act, NIEHS also administers the Hazmat Employee Training Program 
to prepare curricula and training for hazardous materials transportation 
workers. In the basic research arena, NIEHS is authorized under section 
311 of SARA to conduct a hazardous substance basic research and training 
program to evaluate toxic effects and assess human health risks from 
accidental releases of hazardous materials. Under Title IX, section 
901(h) of the Clean Air Act Amendments, NIEHS also is authorized to 
conduct basic research on air pollutants, as well as train physicians in 
environmental health. Federal research and training in hazardous 
materials release prevention represents an important non-regulatory 
activity and supplements ongoing private sector programs.
    6.4.5 Department of the Interior. The DOI may be contacted through 
Regional Environmental Officers, who are the designated members of RRTs. 
Department land managers have jurisdiction over the national park 
system, national wildlife refuges and fish hatcheries, the public lands, 
and certain water projects in western states. In addition, bureaus and 
offices have relevant expertise as follows:
    (a) United States Fish and Wildlife Service and other Bureaus: 
Anadromous and certain other fishes and wildlife, including endangered 
and threatened species, migratory birds, and certain marine mammals; 
waters and wetlands; and effects on natural resources.
    (b) The National Biological Survey performs research in support of 
biological resource management; inventories, monitors, and reports on 
the status and trends in the Nation's biotic resources; and transfers 
the information gained in research and monitoring to resource managers 
and others concerned with the care, use, and conservation of the 
Nation's natural resources. The National Biological Survey has 
laboratory/research facilities.
    (c) Geological Survey: Geology, hydrology (ground water and surface 
water), and natural hazards.
    (d) Bureau of Land Management: Minerals, soils, vegetation, 
wildlife, habitat, archaeology, and wilderness.
    (e) Minerals Management Service: Oversight of offshore oil and gas 
exploration and production facilities and associated pipeline facilities 
under the Outer Continental Shelf Lands Act and the CWA; oil spill 
response technology research; and establishing oil discharge contingency 
planning requirements for offshore facilities.
    (f) Bureau of Mines: Analysis and identification of inorganic 
hazardous substances and technical expertise in metals and metallurgy 
relevant to site cleanup.
    (g) Office of Surface Mining: Coal mine wastes and land reclamation.
    (h) National Park Service: General biological, natural, and cultural 
resource managers to evaluate, measure, monitor, and contain threats to 
park system lands and resources; archaeological and historical expertise 
in protection, preservation, evaluation, impact mitigation, and 
restoration of cultural resources; emergency personnel.
    (i) Bureau of Reclamation: Operation and maintenance of water 
projects in the West; engineering and hydrology; and reservoirs.
    (j) Bureau of Indian Affairs: Coordination of activities affecting 
Indian lands; assistance in identifying Indian tribal government 
officials.
    (k) Office of Territorial Affairs: Assistance in implementing the 
NCP in American Somoa, Guam, the Pacific Island Governments, the 
Northern Mariana Islands, and the Virgin Islands.
    6.4.6 Department of Justice. The DOJ can provide expert advice on 
complicated legal questions arising from discharges, and federal agency 
responses. In addition, the DOJ represents the federal government, 
including

[[Page 279]]

its agencies, in litigation relating to such discharges. Other legal 
issues or questions shall be directed to the federal agency counsel for 
the agency providing the OSC for the response.
    6.4.7 Department of Labor. The DOL, through OSHA and the states 
operating plans approved under section 18 of the OSH Act, has authority 
to conduct safety and health inspections of hazardous waste sites to 
assure that employees are being protected and to determine if the site 
is in compliance with:
    (a) Safety and health standards and regulations promulgated by OSHA 
(or the states) in accordance with section 126 of SARA and all other 
applicable standards; and
    (b) Regulations promulgated under the OSH Act and its general duty 
clause. OSHA inspections may be self-generated, consistent with its 
program operations and objectives, or may be conducted in response to 
requests from EPA or another lead agency, or in response to accidents or 
employee complaints. On request, OSHA shall provide advice and 
consultation to EPA and other NRT/RRT agencies as well as to the OSC 
regarding hazards to persons engaged in response activities. OSHA may 
also take any other action necessary to assure that employees are 
properly protected at such response activities. Any questions about 
occupational safety and health at these sites may be referred to the 
OSHA Regional Office.
    6.4.8 Federal Emergency Management Agency. FEMA provides guidance, 
policy and program advice, and technical assistance in hazardous 
materials, chemical, and radiological emergency preparedness activities 
(including planning, training, and exercising). FEMA's primary point of 
contact for administering financial and technical assistance to state 
and local governments to support their efforts to develop and maintain 
an effective emergency management and response capability is the 
Preparedness, Training, and Exercises Directorate.
    6.4.9 Department of Energy. The DOE generally provides designated 
OSCs that are responsible for taking all response actions with respect 
to releases where either the release is on, or the sole source of the 
release is from, any facility or vessel under its jurisdiction, custody, 
or control, including vessels bareboat-chartered and operated. In 
addition, under the FRERP, DOE provides advice and assistance to other 
OSCs/RPMs for emergency actions essential for the control of immediate 
radiological hazards. Incidents that qualify for DOE radiological advice 
and assistance are those believed to involve source, by-product, or 
special nuclear material or other ionizing radiation sources, including 
radium, and other naturally occurring radionuclides, as well as particle 
accelerators. Assistance is available through direct contact with the 
appropriate DOE Radiological Assistance Program Regional Office.
    6.4.10 Department of State. The DOS will lead in the development of 
international joint contingency plans. It will also help to coordinate 
an international response when discharges or releases cross 
international boundaries or involve foreign flag vessels. Additionally, 
DOS will coordinate requests for assistance from foreign governments and 
U.S. proposals for conducting research at incidents that occur in waters 
of other countries.
    6.4.11 General Services Administration. The GSA provides logistic 
and telecommunications support to federal agencies. During an emergency 
situation, GSA quickly responds to aid state and local governments as 
directed by other Federal Agencies. The type of support provided might 
include leasing and furnishing office space, setting up 
telecommunications and transportation services, and advisory assistance.
    6.4.12 Department of Transportation. DOT provides response expertise 
pertaining to transportation of oil by all modes of transportation. DOT, 
through RSPA, establishes oil discharge contingency planning 
requirements for pipelines, transport by rail and containers or bulk 
transport of oil.

             6.5 States and local participation in response.

    (a) Each state Governor is requested to designate one state office/
representative to represent the state on the appropriate RRT. The 
state's office/representative may participate fully in all activities of 
the appropriate RRT. Each state Governor is also requested to designate 
a lead state agency that shall direct state-lead response operations. 
This agency is responsible for designating the OSC for state-lead 
response actions, and coordinating/communicating with any other state 
agencies, as appropriate. Local governments are invited to participate 
in activities on the appropriate RRT as may be provided by state law or 
arranged by the state's representative. Indian tribes wishing to 
participate should assign one person or office to represent the tribal 
government on the appropriate RRT.
    (b) Appropriate state and local officials (including Indian tribes) 
shall participate as part of the response structure as provided in the 
ACP.
    (c) In addition to meeting the requirements for local emergency 
plans under SARA section 303, state and local government agencies are 
encouraged to include contingency planning for responses, consistent 
with the NCP, RCP, and ACP in all emergency and disaster planning.
    (d) For facilities not addressed under the CWA for oil discharges, 
states are encouraged to undertake response actions themselves or to use 
their authorities to compel

[[Page 280]]

potentially responsible parties to undertake response actions.
    (e) Because state and local public safety organizations would 
normally be the first government representatives at the scene of a 
discharge or release, they are expected to initiate public safety 
measures that are necessary to protect the public health and welfare and 
that are consistent with containment and cleanup requirements in the 
NCP, and are responsible for directing evacuations pursuant to existing 
state or local procedures.

[59 FR 47473, Sept. 15, 1994]



PART 302_DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION--Table of 
Contents




Sec.
302.1 Applicability.
302.2 [Reserved]
302.3 Definitions.
302.4 Designation of hazardous substances.
302.5 Determination of reportable quantities.
302.6 Notification requirements.
302.7 Penalties.
302.8 Continuous releases.

    Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 1361.

    Source: 50 FR 13474, Apr. 4, 1985, unless otherwise noted.



Sec. 302.1  Applicability.

    This regulation designates under section 102(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (``the 
Act'') those substances in the statutes referred to in section 101(14) 
of the Act, identifies reportable quantities for these substances, and 
sets forth the notification requirements for releases of these 
substances. This regulation also sets forth reportable quantities for 
hazardous substances designated under section 311(b)(2)(A) of the Clean 
Water Act.



Sec. 302.2  [Reserved]



Sec. 302.3  Definitions.

    As used in this part, all terms shall have the meaning set forth 
below:
    The Act, CERCLA, or Superfund means the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (Pub. L. 96-510);
    Administrator means the Administrator of the United States 
Environmental Protection Agency (``EPA'');
    Consumer product shall have the meaning stated in 15 U.S.C. 2052;
    Environment means (1) the navigable waters, the waters of the 
contiguous zone, and the ocean waters of which the natural resources are 
under the exclusive management authority of the United States under the 
Fishery Conservation and Management Act of 1976, and (2) any other 
surface water, ground water, drinking water supply, land surface or 
subsurface strata, or ambient air within the United States or under the 
jurisdiction of the United States;
    Facility means (1) any building, structure, installation, equipment, 
pipe or pipeline (including any pipe into a sewer or publicly owned 
treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, 
storage container, motor vehicle, rolling stock, or aircraft, or (2) any 
site or area where a hazardous substance has been deposited, stored, 
disposed of, or placed, or otherwise come to be located; but does not 
include any consumer product in consumer use or any vessel;
    Hazardous substance means any substance designated pursuant to 40 
CFR part 302;
    Hazardous waste shall have the meaning provided in 40 CFR 261.3;
    Navigable waters or navigable waters of the United States means 
waters of the United States, including the territorial seas;
    Offshore facility means any facility of any kind located in, on, or 
under, any of the navigable waters of the United States, and any 
facility of any kind which is subject to the jurisdiction of the United 
States and is located in, on, or under any other waters, other than a 
vessel or a public vessel;
    Onshore facility means any facility (including, but not limited to, 
motor vehicles and rolling stock) of any kind located in, on, or under, 
any land or non-navigable waters within the United States;
    Person means an individual, firm, corporation, association, 
partnership, consortium, joint venture, commercial entity, United States 
Government,

[[Page 281]]

State, municipality, commission, political subdivision of a State, or 
any interstate body;
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the abandonment or discarding 
of barrels, containers, and other closed receptacles containing any 
hazardous substance or pollutant or contaminant), but excludes:
    (1) Any release which results in exposure to persons solely within a 
workplace, with respect to a claim which such persons may assert against 
the employer of such persons;
    (2) Emissions from the engine exhaust of a motor vehicle, rolling 
stock, aircraft, vessel, or pipeline pumping station engine;
    (3) Release of source, byproduct, or special nuclear material from a 
nuclear incident, as those terms are defined in the Atomic Energy Act of 
1954, if such release is subject to requirements with respect to 
financial protection established by the Nuclear Regulatory Commission 
under section 170 of such Act, or for the purposes of section 104 of the 
Comprehensive Environmental Response, Compensation, and Liability Act or 
any other response action, any release of source, byproduct, or special 
nuclear material from any processing site designated under section 
102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act 
of 1978; and
    (4) The normal application of fertilizer;
    Reportable quantity (``RQ'') means that quantity, as set forth in 
this part, the release of which requires notification pursuant to this 
part;
    United States include the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, the Commonwealth of the 
Northern Marianas, and any other territory or possession over which the 
United States has jurisdiction; and
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.

[50 FR 13474, Apr. 4, 1985, as amended at 67 FR 45321, July 9, 2002]



Sec. 302.4  Designation of hazardous substances.

    (a) Listed hazardous substances. The elements and compounds and 
hazardous wastes appearing in table 302.4 are designated as hazardous 
substances under section 102(a) of the Act.
    (b) Unlisted hazardous substances. A solid waste, as defined in 40 
CFR 261.2, which is not excluded from regulation as a hazardous waste 
under 40 CFR 261.4(b), is a hazardous substance under section 101(14) of 
the Act if it exhibits any of the characteristics identified in 40 CFR 
261.20 through 261.24.
    Note: The numbers under the column headed ``CASRN'' are the Chemical 
Abstracts Service Registry Numbers for each hazardous substance. The 
``Statutory Code'' column indicates the statutory source for designating 
each substance as a CERCLA hazardous substance: ``1'' indicates that the 
statutory source is section 311(b)(2) of the Clean Water Act, ``2'' 
indicates that the source is section 307(a) of the Clean Water Act, 
``3'' indicates that the source is section 112 of the Clean Air Act, and 
``4'' indicates that the source is section 3001 of the Resource 
Conservation and Recovery Act (RCRA). The ``RCRA Waste Number'' column 
provides the waste identification numbers assigned to various substances 
by RCRA regulations. The ``Pounds (kg)'' column provides the reportable 
quantity adjustment for each hazardous substance in pounds and 
kilograms. Appendix A to Sec. 302.4, which lists CERCLA hazardous 
substances in sequential order by CASRN, provides a per-substance 
grouping of regulatory synonyms (i.e., names by which each hazardous 
substance is identified in other statutes and their implementing 
regulations).

                       Table 302.4--List of Hazardous Substances and Reportable Quantities
                         [Note: All Comments/Notes Are Located at the End of This Table]
----------------------------------------------------------------------------------------------------------------
                                                          Statutory                                  Final RQ
          Hazardous substance                 CASRN      codedagger;       RCRA  waste  No.         pounds (Kg)
----------------------------------------------------------------------------------------------------------------
Acenaphthene...........................         83-32-9            2  ..........................      100 (45.4)
Acenaphthylene.........................        208-96-8            2  ..........................     5000 (2270)
Acetaldehyde...........................         75-07-0        1,3,4  U001                            1000 (454)
Acetaldehyde, chloro-..................        107-20-0            4  P023                            1000 (454)

[[Page 282]]

 
Acetaldehyde, trichloro-...............         75-87-6            4  U034                           5000 (2270)
Acetamide..............................         60-35-5            3  ..........................      100 (45.4)
Acetamide, N-(aminothioxomethyl)-......        591-08-2            4  P002                            1000 (454)
Acetamide, N-(4-ethoxyphenyl)-.........         62-44-2            4  U187                            100 (45.4)
Acetamide, N-9H-fluoren-2-yl-..........         53-96-3          3,4  U005                             1 (0.454)
Acetamide, 2-fluoro-...................        640-19-7            4  P057                            100 (45.4)
Acetic acid............................         64-19-7            1  ..........................     5000 (2270)
Acetic acid, (2,4-dichlorophenoxy)-,            94-75-7        1,3,4  U240                            100 (45.4)
 salts & esters.
Acetic acid, ethyl ester...............        141-78-6            4  U112                           5000 (2270)
Acetic acid, fluoro-, sodium salt......         62-74-8            4  P058                             10 (4.54)
Acetic acid, lead(2+) salt.............        301-04-2          1,4  U144                             10 (4.54)
Acetic acid, thallium(1+) salt.........        563-68-8            4  U214                            100 (45.4)
Acetic acid, (2,4,5-trichlorophenoxy)-.         93-76-5          1,4  See F027                        1000 (454)
Acetic anhydride.......................        108-24-7            1  ..........................     5000 (2270)
Acetone................................         67-64-1            4  U002                           5000 (2270)
Acetone cyanohydrin....................         75-86-5          1,4  P069                             10 (4.54)
Acetonitrile...........................         75-05-8          3,4  U003                           5000 (2270)
Acetophenone...........................         98-86-2          3,4  U004                           5000 (2270)
2-Acetylaminofluorene..................         53-96-3          3,4  U005                             1 (0.454)
Acetyl bromide.........................        506-96-7            1  ..........................     5000 (2270)
Acetyl chloride........................         75-36-5          1,4  U006                           5000 (2270)
1-Acetyl-2-thiourea....................        591-08-2            4  P002                            1000 (454)
Acrolein...............................        107-02-8      1,2,3,4  P003                             1 (0.454)
Acrylamide.............................         79-06-1          3,4  U007                           5000 (2270)
Acrylic acid...........................         79-10-7          3,4  U008                           5000 (2270)
Acrylonitrile..........................        107-13-1      1,2,3,4  U009                            100 (45.4)
Adipic acid............................        124-04-9            1  ..........................     5000 (2270)
Aldicarb...............................        116-06-3            4  P070                             1 (0.454)
Aldrin.................................        309-00-2        1,2,4  P004                             1 (0.454)
Allyl alcohol..........................        107-18-6          1,4  P005                            100 (45.4)
Allyl chloride.........................        107-05-1          1,3  ..........................      1000 (454)
Aluminum phosphide.....................      20859-73-8            4  P006                            100 (45.4)
Aluminum sulfate.......................      10043-01-3            1  ..........................     5000 (2270)
4-Aminobiphenyl........................         92-67-1            3  ..........................       1 (0.454)
5-(Aminomethyl)-3-isoxazolol...........       2763-96-4            4  P007                            1000 (454)
4-Aminopyridine........................        504-24-5            4  P008                            1000 (454)
Amitrole...............................         61-82-5            4  U011                             10 (4.54)
Ammonia................................       7664-41-7            1  ..........................      100 (45.4)
Ammonium acetate.......................        631-61-8            1  ..........................     5000 (2270)
Ammonium benzoate......................       1863-63-4            1  ..........................     5000 (2270)
Ammonium bicarbonate...................       1066-33-7            1  ..........................     5000 (2270)
Ammonium bichromate....................       7789-09-5            1  ..........................       10 (4.54)
Ammonium bifluoride....................       1341-49-7            1  ..........................      100 (45.4)
Ammonium bisulfilte....................      10192-30-0            1  ..........................     5000 (2270)
Ammonium carbamate.....................       1111-78-0            1  ..........................     5000 (2270)
Ammonium carbonate.....................        506-87-6            1  ..........................     5000 (2270)
Ammonium chloride......................      12125-02-9            1  ..........................     5000 (2270)
Ammonium chromate......................       7788-98-9            1  ..........................       10 (4.54)
Ammonium citrate, dibasic..............       3012-65-5            1  ..........................     5000 (2270)
Ammonium fluoborate....................      13826-83-0            1  ..........................     5000 (2270)
Ammonium fluoride......................      12125-01-8            1  ..........................      100 (45.4)
Ammonium hydroxide.....................       1336-21-6            1  ..........................      1000 (454)
Ammonium oxalate.......................       6009-70-7            1  ..........................     5000 (2270)
                                              5972-73-6
                                             14258-49-2
Ammonium picrate.......................        131-74-8            4  P009                             10 (4.54)
Ammonium silicofluoride................      16919-19-0            1  ..........................      1000 (454)
Ammonium sulfamate.....................       7773-06-0            1  ..........................     5000 (2270)
Ammonium sulfide.......................      12135-76-1            1  ..........................      100 (45.4)
Ammonium sulfite.......................      10196-04-0            1  ..........................     5000 (2270)
Ammonium tartrate......................      14307-43-8            1  ..........................     5000 (2270)
                                              3164-29-2
Ammonium thiocyanate...................       1762-95-4            1  ..........................     5000 (2270)
Ammonium vanadate......................       7803-55-6            4  P119                            1000 (454)
Amyl acetate...........................        628-63-7            1  ..........................     5000 (2270)
    iso-Amyl acetate...................        123-92-2
    sec-Amyl acetate...................        626-38-0
    tert-Amyl acetate..................        625-16-1
Aniline................................         62-53-3        1,3,4  U012                           5000 (2270)

[[Page 283]]

 
o-Anisidine............................         90-04-0            3  ..........................      100 (45.4)
Anthracene.............................        120-12-7            2  ..........................     5000 (2270)
Antimonydagger;dagger;.................       7440-36-0            2  ..........................     5000 (2270)
ANTIMONY AND COMPOUNDS.................            N.A.          2,3  ..........................              **
Antimony Compounds.....................            N.A.          2,3  ..........................              **
Antimony pentachloride.................       7647-18-9            1  ..........................      1000 (454)
Antimony potassium tartrate............      28300-74-5            1  ..........................      100 (45.4)
Antimony tribromide....................       7789-61-9            1  ..........................      1000 (454)
Antimony trichloride...................      10025-91-9            1  ..........................      1000 (454)
Antimony trifluoride...................       7783-56-4            1  ..........................      1000 (454)
Antimony trioxide......................       1309-64-4            1  ..........................      1000 (454)
Argentate(1-), bis(cyano-C)-, potassium        506-61-6            4  P099                             1 (0.454)
Aroclor 1016...........................      12674-11-2        1,2,3  ..........................       1 (0.454)
Aroclor 1221...........................      11104-28-2        1,2,3  ..........................       1 (0.454)
Aroclor 1232...........................      11141-16-5        1,2,3  ..........................       1 (0.454)
Aroclor 1242...........................      53469-21-9        1,2,3  ..........................       1 (0.454)
Aroclor 1248...........................      12672-29-6        1,2,3  ..........................       1 (0.454)
Aroclor 1254...........................      11097-69-1        1,2,3  ..........................       1 (0.454)
Aroclor 1260...........................      11096-82-5        1,2,3  ..........................       1 (0.454)
Aroclors...............................       1336-36-3        1,2,3  ..........................       1 (0.454)
Arsenicdagger;dagger;..................       7440-38-2          2,3  ..........................       1 (0.454)
Arsenic acid H3AsO4....................       7778-39-4            4  P010                             1 (0.454)
ARSENIC AND COMPOUNDS..................            N.A.          2,3  ..........................              **
Arsenic Compounds (inorganic including             N.A.          2,3  ..........................              **
 arsine).
Arsenic disulfide......................       1303-32-8            1  ..........................       1 (0.454)
Arsenic oxide As2O3....................       1327-53-3          1,4  P012                             1 (0.454)
Arsenic oxide As2O5....................       1303-28-2          1,4  P011                             1 (0.454)
Arsenic pentoxide......................       1303-28-2          1,4  P011                             1 (0.454)
Arsenic trichloride....................       7784-34-1            1  ..........................       1 (0.454)
Arsenic trioxide.......................       1327-53-3          1,4  P012                             1 (0.454)
Arsenic trisulfide.....................       1303-33-9            1  ..........................       1 (0.454)
Arsine, diethyl-.......................        692-42-2            4  P038                             1 (0.454)
Arsinic acid, dimethyl-................         75-60-5            4  U136                             1 (0.454)
Arsonous dichloride, phenyl-...........        696-28-6            4  P036                             1 (0.454)
Asbestosdagger;dagger;dagger;..........       1332-21-4          2,3  ..........................       1 (0.454)
Auramine...............................        492-80-8            4  U014                            100 (45.4)
Azaserine..............................        115-02-6            4  U015                             1 (0.454)
Aziridine..............................        151-56-4          3,4  P054                             1 (0.454)
Aziridine, 2-methyl-...................         75-55-8          3,4  P067                             1 (0.454)
Azirino[2',3':3,4]pyrrolo[1,2-a]indole-         50-07-7            4  U010                             10 (4.54)
 4,7-dione, 6-amino-8-[[(
 aminocarbonyl)oxy]methyl]-
 1,1a,2,8,8a,8b- hexahydro-8a-methoxy-5-
  methyl-,[1aS- (1aalpha,8beta,8aalpha,
 8balpha)]-.
Barium cyanide.........................        542-62-1          1,4  P013                             10 (4.54)
Benz[j]aceanthrylene, 1,2-dihydro-3-            56-49-5            4  U157                             10 (4.54)
 methyl-.
Benz[c]acridine........................        225-51-4            4  U016                            100 (45.4)
Benzal chloride........................         98-87-3            4  U017                           5000 (2270)
Benzamide, 3,5-dichloro-N-(1,1-dimethyl-     23950-58-5            4  U192                           5000 (2270)
 2propynyl)-.
Benz[a]anthracene......................         56-55-3          2,4  U018                             10 (4.54)
1,2-Benzanthracene.....................         56-55-3          2,4  U018                             10 (4.54)
Benz[a]anthracene, 7,12-dimethyl-......         57-97-6            4  U094                             1 (0.454)
Benzenamine............................         62-53-3        1,3,4  U012                           5000 (2270)
Benzenamine, 4,4'-carbonimidoylbis (N,N        492-80-8            4  U014                            100 (45.4)
 dimethyl-.
Benzenamine, 4-chloro-.................        106-47-8            4  P024                            1000 (454)
Benzenamine, 4-chloro-2-methyl-,              3165-93-3            4  U049                            100 (45.4)
 hydrochloride.
Benzenamine, N,N-dimethyl-4-(phenylazo)-        60-11-7          3,4  U093                             10 (4.54)
 .
Benzenamine, 2-methyl-.................         95-53-4          3,4  U328                            100 (45.4)
Benzenamine, 4-methyl-.................        106-49-0            4  U353                            100 (45.4)
Benzenamine, 4,4'-methylenebis [2-             101-14-4          3,4  U158                             10 (4.54)
 chloro-.
Benzenamine, 2-methyl-,hydrochloride...        636-21-5            4  U222                            100 (45.4)
Benzenamine, 2-methyl-5-nitro-.........         99-55-8            4  U181                            100 (45.4)
Benzenamine, 4-nitro-..................        100-01-6            4  P077                           5000 (2270)
Benzene \a\............................         71-43-2      1,2,3,4  U019                             10 (4.54)
Benzeneacetic acid, 4-chloro-[alpha]-(4-       510-15-6          3,4  U038                             10 (4.54)
 chlorophenyl)-[alpha]-hydroxy-, ethyl
 ester.
Benzene, 1-bromo-4-phenoxy-............        101-55-3          2,4  U030                            100 (45.4)
Benzenebutanoic acid, 4-[bis(2-                305-03-3            4  U035                             10 (4.54)
 chloroethyl)amino]-.
Benzene, chloro-.......................        108-90-7      1,2,3,4  U037                            100 (45.4)
Benzene, (chloromethyl)-...............        100-44-7        1,3,4  P028                            100 (45.4)

[[Page 284]]

 
Benzenediamine, ar-methyl-.............         95-80-7          3,4  U221                             10 (4.54)
                                               496-72-0
                                               823-40-5
                                             25376-45-8
1,2-Benzenedicarboxylic acid, bis(2-           117-81-7        2,3,4  U028                            100 (45.4)
 ethylhexyl) ester.
1,2-Benzenedicarboxylic acid, dibutyl           84-74-2      1,2,3,4  U069                             10 (4.54)
 ester.
1,2-Benzenedicarboxylic acid, diethyl           84-66-2          2,4  U088                            1000 (454)
 ester.
1,2-Benzenedicarboxylic acid, dimethyl         131-11-3        2,3,4  U102                           5000 (2270)
 ester.
1,2-Benzenedicarboxylic acid, dioctyl          117-84-0          2,4  U107                           5000 (2270)
 ester.
Benzene, 1,2-dichloro-.................         95-50-1        1,2,4  U070                            100 (45.4)
Benzene, 1,3-dichloro-.................        541-73-1          2,4  U071                            100 (45.4)
Benzene, 1,4-dichloro-.................        106-46-7      1,2,3,4  U072                            100 (45.4)
Benzene, 1,1'-(2,2-dichloroethylidene)          72-54-8        1,2,4  U060                             1 (0.454)
 bis[4-chloro-.
Benzene, (dichloromethyl)-.............         98-87-3            4  U017                           5000 (2270)
Benzene, 1,3-diisocyanatomethyl-.......         91-08-7          3,4  U223                            100 (45.4)
                                               584-84-9
                                             26471-62-5
Benzene, dimethyl-.....................       1330-20-7        1,3,4  U239                            100 (45.4)
1,3-Benzenediol........................        108-46-3          1,4  U201                           5000 (2270)
1,2-Benzenediol,4-[1-hydroxy-2-(methyl          51-43-4            4  P042                            1000 (454)
 amino)ethyl]-.
Benzeneethanamine, alpha,alpha-dimethyl-       122-09-8            4  P046                           5000 (2270)
 .
Benzene, hexachloro-...................        118-74-1        2,3,4  U127                             10 (4.54)
Benzene, hexahydro-....................        110-82-7          1,4  U056                            1000 (454)
Benzene, methyl-.......................        108-88-3      1,2,3,4  U220                            1000 (454)
Benzene, 1-methyl-2,4-dinitro-.........        121-14-2      1,2,3,4  U105                             10 (4.54)
Benzene, 2-methyl-1,3-dinitro-.........        606-20-2        1,2,4  U106                            100 (45.4)
Benzene, (1-methylethyl)-..............         98-82-8          3,4  U055                           5000 (2270)
Benzene, nitro-........................         98-95-3      1,2,3,4  U169                            1000 (454)
Benzene, pentachloro-..................        608-93-5            4  U183                             10 (4.54)
Benzene, pentachloronitro-.............         82-68-8          3,4  U185                            100 (45.4)
Benzenesulfonic acid chloride..........         98-09-9            4  U020                            100 (45.4)
Benzenesulfonyl chloride...............         98-09-9            4  U020                            100 (45.4)
Benzene,1,2,4,5-tetrachloro-...........         95-94-3            4  U207                           5000 (2270)
Benzenethiol...........................        108-98-5            4  P014                            100 (45.4)
Benzene,1,1'-(2,2,2-                            50-29-3        1,2,4  U061                             1 (0.454)
 trichloroethylidene) bis[4-chloro-.
Benzene,1,1'-(2,2,2-                            72-43-5        1,3,4  U247                             1 (0.454)
 trichloroethylidene) bis[4-methoxy-.
Benzene, (trichloromethyl)-............         98-07-7          3,4  U023                             10 (4.54)
Benzene, 1,3,5-trinitro-...............         99-35-4            4  U234                             10 (4.54)
Benzidine..............................         92-87-5        2,3,4  U021                             1 (0.454)
1,2-Benzisothiazol-3(2H)-one, 1,1-              81-07-2            4  U202                            100 (45.4)
 dioxide, & salts.
Benzo[a]anthracene.....................         56-55-3          2,4  U018                             10 (4.54)
1,3-Benzodioxole, 5-(1-propenyl)-1.....        120-58-1            4  U141                            100 (45.4)
1,3-Benzodioxole, 5-(2-propenyl)-......         94-59-7            4  U203                            100 (45.4)
1,3-Benzodioxole, 5-propyl-............         94-58-6            4  U090                             10 (4.54)
1,3-Benzodioxol-4-ol, 2,2-dimethyl-,         22961-82-6            4  U364                         The Agency may adjust the statutory RQ for this hazardous substance in a future rulemaking;
  until then the statutory one-pound RQ applies.
Sec.  The adjusted RQs for radionuclides may be found in Appendix B to this table.
** Indicates that no RQ is being assigned to the generic or broad class.
\a\ Benzene was already a CERCLA hazardous substance prior to the CAA Amendments of 1990 and received an
  adjusted 10-pound RQ based on potential carcinogenicity in an August 14, 1989, final rule (54 FR 33418). The
  CAA Amendments specify that ``benzene (including benzene from gasoline)'' is a hazardous air pollutant and,
  thus, a CERCLA hazardous substance.
\b\ The CAA Amendments of 1990 list DDE (3547-04-4) as a CAA hazardous air pollutant. The CAS number, 3547-04-4,
  is for the chemical, p,p'dichlorodiphenylethane. DDE or p,p'-dichlorodiphenyldichloroethylene, CAS number 72-
  55-9, is already listed in Table 302.4 with a final RQ of 1 pound. The substance identified by the CAS number
  3547-04-4 has been evaluated and listed as DDE to be consistent with the CAA section 112 listing, as amended.
\c\ Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or
  other mineral derived fibers) of average diameter 1 micrometer or less.
\d\ Includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR'
  where:
 n = 1, 2, or 3;
 R = alkyl C7 or less; or
 R = phenyl or alkyl substituted phenyl;
 R' = H or alkyl C7 or less; or
 OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate.
\e\ Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or
  equal to 100 [deg]C.
\f\ See 40 CFR 302.6(b)(1) for application of the mixture rule to this hazardous waste.


   Appendix A to Sec.  302.4--Sequential CAS Registry Number List of
                       CERCLA Hazardous Substances
------------------------------------------------------------------------
   CASRN                         Hazardous substance
------------------------------------------------------------------------
     50000  Formaldehyde.
     50077  Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione,6-amino-8-
             [[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a, 8b-hexahydro-8a-
             methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-
            Mitomycin C.
     50180  Cyclophosphamide.
            2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-
             chloroethyl)tetrahydro-, 2-oxide.
     50293  Benzene, 1,1'-(2,2,2- trichloroethylidene)bis[4-chloro-.
            DDT.
            4,4'-DDT.
     50328  Benzo[a]pyrene.
            3,4-Benzopyrene.
     50555  Reserpine.
            Yohimban-16-carboxylic acid,11,17-dimethoxy-18-[(3 ,4,5-
             trimethoxybenzoyl)oxy]-, methyl ester (3beta,
             16beta,17alpha,18beta,20alpha)-.
     51285  Phenol, 2,4-dinitro-.
            2,4-Dinitrophenol.
     51434  Epinephrine.
            1,2-Benzenediol,4-[1-hydroxy-2-(methylamino) ethyl]-.
     51796  Carbamic acid, ethyl ester.
            Ethyl carbamate.

[[Page 312]]

 
            Urethane.
     52686  Trichlorfon.
     52857  Famphur.
            Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]
             O,O-dimethyl ester.
     53703  Dibenz[a,h]anthracene.
            Dibenzo[a,h]anthracene.
            1,2:5,6-Dibenzanthracene.
     53963  Acetamide, N-9H-fluoren-2-yl-.
            2-Acetylaminofluorene.
     54115  Nicotine, & salts.
            Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts.
     55185  Ethanamine, N-ethyl-N-nitroso-.
            N-Nitrosodiethylamine.
     55630  Nitroglycerine.
            1,2,3-Propanetriol, trinitrate.
     55914  Diisopropylfluorophosphate (DFP).
            Phosphorofluororidic acid, bis(1-methylethyl) ester.
     56042  Methylthiouracil.
            4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-.
     56235  Carbon tetrachloride.
            Methane, tetrachloro-.
     56382  Parathion.
            Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester.
     56495  Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-.
            3-Methylcholanthrene.
     56531  Diethylstilbestrol.
            Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E).
     56553  Benz[a]anthracene.
            Benzo[a]anthracene.
            1,2-Benzanthracene.
     56724  Coumaphos.
     57147  Hydrazine, 1,1-dimethyl-.
            1,1-Dimethylhydrazine.
     57249  Strychnidin-10-one, & salts.
 Strychnin
 e, &
 salts.
     57476  Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-
             trimethyl-, methylcarbamate (ester), (3aS-cis)-
             (Physostigmine).
     57578  beta-Propiolactone.
     57647  Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-
             1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-
             5-yl methylcarbamate ester (1:1) (Physostigmine
             salicylate).
     57749  Chlordane.
            Chlordane, alpha & gamma isomers.
            CHLORDANE (TECHNICAL MIXTURE AND METABOLITES).
            4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8- octachloro-
             2,3,3a,4,7,7a-hexahydro-.
     57976  Benz[a]anthracene, 7,12-dimethyl-.
            7,12-Dimethylbenz[a]anthracene.
     58899  [gamma]-BHC.
            Cyclohexane, 1,2,3,4,5,6-hexachloro-
             (1[alpha],2[alpha],3[beta],4[alpha],5[alpha],6[beta])-.
            Lindane.
            Lindane (all isomers).
     58902  Phenol, 2,3,4,6-tetrachloro-.
            2,3,4,6-Tetrachlorophenol.
     59507  p-Chloro-m-cresol.
            Phenol, 4-chloro-3-methyl-.
     59892  N-Nitrosomorpholine.
     60004  Ethylenediamine-tetraacetic acid (EDTA).
     60117  Benzenamine, N,N-dimethyl-4-(phenylazo)-.
            Dimethyl aminoazobenzene.
            p-Dimethylaminoazobenzene.
     60297  Ethane, 1,1'-oxybis-.
            Ethyl ether.
     60344  Hydrazine, methyl-.
            Methyl hydrazine.
     60355  Acetamide.
     60515  Dimethoate.
            Phosphorodithioic acid, O,O-dimethyl S-[2( methylamino)-2-
             oxoethyl] ester.
     60571  Dieldrin.
            2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-
             hexachloro-1a,2, 2a,3,6,6a,7,7a-octahydro-,
             (1aalpha,2beta,2aalpha,3beta,6beta, 6aalpha,7beta, 7aalpha)-
             .
     61825  Amitrole.
            1H-1,2,4-Triazol-3-amine.
     62384  Mercury, (acetato-O)phenyl-.
            Phenylmercury acetate.
     62442  Acetamide, N-(4-ethoxyphenyl)-.
            Phenacetin.
     62500  Ethyl methanesulfonate.
            Methanesulfonic acid, ethyl ester.
     62533  Aniline.
            Benzenamine.
     62555  Ethanethioamide.
            Thioacetamide.
     62566  Thiourea.
     62737  Dichlorvos.
     62748  Acetic acid, fluoro-, sodium salt.
            Fluoroacetic acid, sodium salt.
     62759  Methanamine, N-methyl-N-nitroso-.
            N-Nitrosodimethylamine.
     63252  Carbaryl.
            1-Naphthalenol, methylcarbamate.
     64006  Phenol, 3-(1-methylethyl)-, methyl carbamate (m-Cumenyl
             methylcarbamate).
     64186  Formic acid.
     64197  Acetic acid.
     64675  Diethyl sulfate.
     65850  Benzoic acid.
     66751  Uracil mustard.
            2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl) amino]-.
     67561  Methanol.
            Methyl alcohol.
     67641  Acetone.
            2-Propanone.
     67663  Chloroform.
            Methane, trichloro-.
     67721  Ethane, hexachloro-.
            Hexachloroethane.
     68122  Dimethylformamide.
     70257  Guanidine, N-methyl-N'-nitro-N-nitroso-.
            MNNG.
     70304  Hexachlorophene.
            Phenol, 2,2'-methylenebis[3,4,6-tri- chloro-.
     71363  n-Butyl alcohol.
            1-Butanol.
     71432  Benzene.
     71556  Ethane, 1,1,1-trichloro-.
            Methyl chloroform.
            1,1,1-Trichloroethane.
     72208  Endrin.
 Endrin, &
 metabolit
 es.

[[Page 313]]

 
            2,7:3.6-Dimethanonaphth[2,3-b]oxirene,3,4,5,6,9,9-hexachloro-
             1a,2,2a,3,6,6a,7,7a-octahydro-,
             (1aalpha,2beta,2abeta,3alpha, 6alpha,6abeta,7beta,7aalpha)-
             , & metabolites.
     72435  Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4- methoxy-.
            Methoxychlor.
     72548  Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-.
            DDD.
            TDE.
            4,4'-DDD.
     72559  DDE
            4,4'-DDE.
     72571  Trypan blue.
            2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl-(l,1'-
             biphenyl)-4,4'-diyl)-bis(azo)]bis(5-amino-4-hydroxy)-
             tetrasodium salt.
     74839  Bromomethane.
            Methane, bromo-.
            Methyl bromide.
     74873  Chloromethane.
            Methane, chloro-.
            Methyl chloride.
     74884  Iodomethane
            Methane, iodo-.
            Methyl iodide.
     74895  Monomethylamine.
     74908  Hydrocyanic acid.
            Hydrogen cyanide.
     74931  Methanethiol.
            Methyl mercaptan.
            Thiomethanol.
     74953  Methane, dibromo-.
            Methylene bromide.
     75003  Chloroethane.
            Ethyl chloride.
     75014  Ethene, chloro-.
            Vinyl chloride.
     75047  Monoethylamine.
     75058  Acetonitrile.
     75070  Acetaldehyde.
            Ethanal.
     75092  Dichloromethane.
            Methane, dichloro-.
            Methylene chloride.
     75150  Carbon disulfide.
     75207  Calcium carbide.
     75218  Ethylene oxide.
            Oxirane.
     75252  Bromoform.
            Methane, tribromo-.
     75274  Dichlorobromomethane.
     75343  Ethane, 1,1-dichloro-.
            Ethylidene dichloride.
            1,1-Dichloroethane.
     75354  Ethene, 1,1-dichloro-.
            Vinylidene chloride.
            1,1-Dichloroethylene.
     75365  Acetyl chloride.
     75445  Carbonic dichloride.
            Phosgene.
     75503  Trimethylamine.
     75558  Aziridine, 2-methyl-.
            2-Methyl aziridine.
            1,2-Propylenimine.
     75569  Propylene oxide.
     75605  Arsinic acid, dimethyl-.
            Cacodylic acid.
     75649  tert-Butylamine.
     75694  Methane, trichlorofluoro-.
            Trichloromonofluoromethane.
     75718  Dichlorodifluoromethane.
            Methane, dichlorodifluoro-.
     75865  Acetone cyanohydrin.
            Propanenitrile, 2-hydroxy-2-methyl-.
            2-Methyllactonitrile.
     75876  Acetaldehyde, trichloro-.
            Chloral.
     75990  2,2-Dichloropropionic acid.
     76017  Ethane, pentachloro-.
            Pentachloroethane.
     76448  Heptachlor.
            4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-
             tetrahydro-.
     77474  Hexachlorocyclopentadiene.
            1,3-Cyclopentadiene, 1,2,3,4,5,5-hexa- chloro-.
     77781  Dimethyl sulfate.
            Sulfuric acid, dimethyl ester.
     78002  Plumbane, tetraethyl-.
            Tetraethyl lead.
     78591  Isophorone.
     78795  Isoprene.
     78819  iso-Butylamine.
     78831  Isobutyl alcohol.
            1-Propanol, 2-methyl-.
     78875  Propane, 1,2-dichloro-.
            Propylene dichloride.
            1,2-Dichloropropane.
     78886  2,3-Dichloropropene.
     78933  2-Butanone.
            MEK.
            Methyl ethyl ketone.
     78999  1,1-Dichloropropane.
     79005  Ethane, 1,1,2-trichloro-.
            1,1,2-Trichloroethane.
     79016  Ethene, trichloro-.
            Trichloroethylene.
     79061  Acrylamide.
            2-Propenamide.
     79094  Propionic acid.
     79107  Acrylic acid.
            2-Propenoic acid.
     79118  Chloroacetic acid.
     79196  Hydrazinecarbothioamide.
            Thiosemicarbazide.
     79221  Carbonochloridic acid, methyl ester.
            Methyl chlorocarbonate.
     79312  iso-Butyric acid.
     79345  Ethane, 1,1,2,2-tetrachloro-.
            1,1,2,2-Tetrachloroethane.
     79447  Carbamic chloride, dimethyl-.
            Dimethylcarbamoyl chloride.
     79469  Propane, 2-nitro-.
            2-Nitropropane.
     80159  alpha,alpha-Dimethylbenzylhydroperoxide.
            Hydroperoxide, 1-methyl-1-phenylethyl-.
     80626  Methyl methacrylate.
            2-Propenoic acid, 2-methyl-, methyl ester.
     81072  Saccharin, & salts.
            1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts.
     81812  Warfarin, & salts.
            2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, &
             salts.
     82688  Benzene, pentachloronitro-.
            PCNB.
            Pentachloronitrobenzene.
            Quintobenzene.

[[Page 314]]

 
     83329  Acenaphthene.
     84662  Diethyl phthalate.
            1,2-Benzenedicarboxylic acid, diethyl ester.
     84742  Di-n-butyl phthalate.
            Dibutyl phthalate.
            n-Butyl phthalate.
            1,2-Benzenedicarboxylic acid, dibutyl ester.
     85007  Diquat.
     85018  Phenanthrene.
     85449  Phthalic anhydride.
            1,3-Isobenzofurandione.
     85687  Butyl benzyl phthalate.
     86306  N-Nitrosodiphenylamine.
     86500  Guthion.
     86737  Fluorene.
     86884  alpha-Naphthylthiourea.
            Thiourea, 1-naphthalenyl-.
     87650  Phenol, 2,6-dichloro-.
            2,6-Dichlorophenol.
     87683  Hexachlorobutadiene.
            1,3-Butadiene, 1,1,2,3,4,4-hexachloro-.
     87865  Pentachlorophenol.
            Phenol, pentachloro-.
     88062  Phenol, 2,4,6-trichloro-.
            2,4,6-Trichlorophenol.
     88722  o-Nitrotoluene.
     88755  o-Nitrophenol.
            2-Nitrophenol.
     88857  Dinoseb.
            Phenol, 2-(1-methylpropyl)-4,6-dinitro-.
     90040  o-Anisidine.
     91087  Benzene, 1,3-diisocyanatomethyl-.
            Toluene diisocyanate.
            2,4-Toluene diisocyanate.
     91203  Naphthalene.
     91225  Quinoline.
     91587  beta-Chloronaphthalene.
            Naphthalene, 2-chloro-.
            2-Chloronaphthalene.
     91598  beta-Naphthylamine.
            2-Naphthalenamine.
     91667  N,N-Diethylaniline.
     91805  Methapyrilene.
            1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'- (2-
             thienylmethyl)-.
     91941  [1,1'-Biphenyl]-4,4'-diamine,3,3'-dichloro-.
            3,3'-Dichlorobenzidine.
     92524  Biphenyl.
     92671  4-Aminobiphenyl.
     92875  Benzidine.
            [1,1'-Biphenyl]-4,4'-diamine.
     92933  4-Nitrobiphenyl.
            Propanoic acid, 2-(2,4,5-trichlorophenoxy)-.
            Silvex (2,4,5-TP).
            2,4,5-TP acid.
     93765  Acetic acid, (2,4,5-trichlorophenoxy)-.
     93721  2,4,5-T.
            2,4,5-T acid.
     93798  2,4,5-T esters.
     94111  2,4-D Ester.
     94586  Dihydrosafrole.
            1,3-Benzodioxole, 5-propyl-.
     94597  Safrole.
            1,3-Benzodioxole, 5-(2-propenyl)-.
     94791  2,4-D Ester.
     94804  2,4-D Ester.
     95476  o-Xylene.
     95487  o-Cresol.
     95501  Benzene, 1,2-dichloro-.
            o-Dichlorobenzene.
            1,2-Dichlorobenzene.
     95534  Benzenamine, 2-methyl-.
            o-Toluidine.
     95578  o-Chlorophenol.
            Phenol, 2-chloro-.
            2-Chlorophenol.
     95807  Benzenediamine, ar-methyl-.
            Toluenediamine.
            2,4-Toluene diamine.
     95943  Benzene, 1,2,4,5-tetrachloro-.
            1,2,4,5-Tetrachlorobenzene.
     95954  Phenol, 2,4,5-trichloro-.
            2,4,5-Trichlorophenol.
     96093  Styrene oxide.
     96128  Propane, 1,2-dibromo-3-chloro-.
            1,2-Dibromo-3-chloropropane.
     96457  Ethylenethiourea.
            2-Imidazolidinethione.
     97632  Ethyl methacrylate.
            2-Propenoic acid, 2-methyl-, ethyl ester.
     98011  Furfural.
            2-Furancarboxaldehyde.
     98077  Benzene, (trichloromethyl)-.
            Benzotrichloride.
     98099  Benzenesulfonic acid chloride.
            Benzenesulfonyl chloride.
     98828  Benzene, (1-methylethyl)-.
            Cumene.
     98862  Acetophenone.
            Ethanone, 1-phenyl-.
     98873  Benzal chloride.
            Benzene, (dichloromethyl)-.
     98884  Benzoyl chloride.
     98953  Benzene, nitro-.
            Nitrobenzene.
     99081  m-Nitrotoluene.
     99354  Benzene, 1,3,5-trinitro-.
            1,3,5-Trinitrobenzene.
     99558  Benzenamine, 2-methyl-5-nitro-.
            5-Nitro-o-toluidine.
     99650  m-Dinitrobenzene.
     99990  p-Nitrotoluene.
    100016  Benzenamine, 4-nitro-.
            p-Nitroaniline.
    100027  p-Nitrophenol.
            Phenol, 4-nitro-.
            4-Nitrophenol.
    100254  p-Dinitrobenzene.
    100414  Ethylbenzene.
    100425  Styrene.
    100447  Benzene, (chloromethyl)-.
            Benzyl chloride.
    100470  Benzonitrile.
    100754  N-Nitrosopiperidine.
            Piperidine, 1-nitroso-.
    101144  Benzenamine, 4,4'-methylenebis[2-chloro-.
            4,4'-Methylenebis(2-chloroaniline).
    101279  Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester
             (Barban).
    101553  Benzene, 1-bromo-4-phenoxy-.
            4-Bromophenyl phenyl ether.
    101688  MDI.
            Methylene diphenyl diisocyanate.
    101779  4,4'-Methylenedianiline.
    103855  Phenylthiourea.
            Thiourea, phenyl-.
    105464  sec-Butyl acetate.
    105679  Phenol, 2,4-dimethyl-.
            2,4-Dimethylphenol.
    106423  p-Xylene.

[[Page 315]]

 
    106445  p-Cresol.
    106467  Benzene, 1,4-dichloro-.
            p-Dichlorobenzene.
            1,4-Dichlorobenzene.
    106478  Benzenamine, 4-chloro-.
            p-Chloroaniline.
    106490  Benzenamine, 4-methyl-.
            p-Toluidine.
    106503  p-Phenylenediamine.
    106514  p-Benzoquinone.
            2,5-Cyclohexadiene-1,4-dione.
            Quinone.
    106887  1,2-Epoxybutane.
    106898  1-Chloro-2,3-epoxypropane.
            Epichlorohydrin.
            Oxirane, (chloromethyl)-.
    106934  Dibromoethane.
            Ethane, 1,2-dibromo-.
            Ethylene dibromide.
    106990  1,3-Butadiene.
    107028  Acrolein.
            2-Propenal.
    107051  Allyl chloride.
    107062  Ethane, 1,2-dichloro-.
            Ethylene dichloride.
            1,2-Dichloroethane.
    107108  n-Propylamine.
            1-Propanamine.
    107120  Ethyl cyanide.
            Propanenitrile.
    107131  Acrylonitrile.
            2-Propenenitrile.
    107153  Ethylenediamine.
    107186  Allyl alcohol.
            2-Propen-1-ol.
    107197  Propargyl alcohol.
            2-Propyn-1-ol.
    107200  Acetaldehyde, chloro-.
            Chloroacetaldehyde.
    107211  Ethylene glycol.
    107302  Chloromethyl methyl ether.
            Methane, chloromethoxy-.
    107493  Diphosphoric acid, tetraethyl ester.
            Tetraethyl pyrophosphate.
    107926  Butyric acid.
    108054  Vinyl acetate.
            Vinyl acetate monomer.
    108101  Hexone.
            Methyl isobutyl ketone.
            4-Methyl-2-pentanone.
    108247  Acetic anhydride.
    108316  Maleic anhydride.
            2,5-Furandione.
    108383  m-Xylene.
    108394  m-Cresol.
    108463  Resorcinol.
            1,3-Benzenediol.
    108601  Dichloroisopropyl ether.
            Propane, 2,2''-oxybis[2-chloro-.
    108883  Benzene, methyl-.
            Toluene.
    108907  Benzene, chloro-.
            Chlorobenzene.
    108941  Cyclohexanone.
    108952  Phenol.
    108985  Benzenethiol.
            Thiophenol.
    109068  Pyridine, 2-methyl-.
            2-Picoline.
    109739  Butylamine.
    109773  Malononitrile.
            Propanedinitrile.
    109897  Diethylamine.
    109999  Furan, tetrahydro-.
            Tetrahydrofuran.
    110009  Furan.
            Furfuran.
    110167  Maleic acid.
    110178  Fumaric acid.
    110190  iso-Butyl acetate.
    110543  Hexane.
    110758  Ethene, (2-chloroethoxy)-.
            2-Chloroethyl vinyl ether.
    110805  Ethanol, 2-ethoxy-.
            Ethylene glycol monoethyl ether.
    110827  Benzene, hexahydro-.
            Cyclohexane.
    110861  Pyridine.
    111422  Diethanolamine.
    111444  Bis(2-chloroethyl) ether.
            Dichloroethyl ether.
            Ethane, 1,1'-oxybis[2-chloro-.
    111546  Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters.
            Ethylenebisdithiocarbamic acid, salts & esters.
    111911  Bis(2-chloroethoxy) methane.
            Dichloromethoxyethane.
            Ethane, 1,1'-[methylenebis(oxy)]bis(2-chloro-.
    114261  Phenol, 2-(1-methylethoxy)-, methylcarbamate.
            Propoxur (Baygon).
    115026  Azaserine.
            L-Serine, diazoacetate (ester).
    115297  Endosulfan.
            6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-
             hexachloro-1,5,5a,6,9,9a- hexahydro-, 3-oxide.
    115322  Dicofol.
    116063  Aldicarb.
            Propanal, 2-methyl-2-(methylthio)-, O-
             [(methylamino)carbonyl]oxime.
    117806  Dichlone.
    117817  1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester.
            Bis(2-ethylhexyl)phthalate.
            DEHP.
            Diethylhexyl phthalate.
    117840  Di-n-octyl phthalate.
            1,2-Benzenedicarboxylic acid, dioctyl ester.
    118741  Benzene, hexachloro-.
            Hexachlorobenzene.
    119380  Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-
             pyrazol-5-yl ester (Isolan).
    119904  [1,1'-Biphenyl]-4,4'-diamine,3,3'-dimethoxy-.
            3,3'-Dimethoxybenzidine.
    119937  [1,1'-Biphenyl]-4,4'-diamine,3,3'- dimethyl-.
            3,3'-Dimethylbenzidine.
    120127  Anthracene.
    120581  Isosafrole.
            1,3-Benzodioxole, 5-(1-propenyl)-.
    120809  Catechol.
    120821  1,2,4-Trichlorobenzene.
    120832  Phenol, 2,4-dichloro-.
            2,4-Dichlorophenol.
    121142  Benzene, 1-methyl-2,4-dinitro-.
            2,4-Dinitrotoluene.
    121211  Pyrethrins.
    121299  Pyrethrins.
    121448  Ethanamine, N,N-diethyl-.
            Triethylamine.
    121697  N,N-Dimethylaniline.

[[Page 316]]

 
    121755  Malathion.
    122098  alpha,alpha-Dimethylphenethylamine.
            Benzeneethanamine, alpha,alpha-dimethyl-.
    122429  Carbamic acid, phenyl-, 1-methylethyl ester (Propham).
    122667  Hydrazine, 1,2-diphenyl-.
            1,2-Diphenylhydrazine.
    123319  Hydroquinone.
    123331  Maleic hydrazide.
            3,6-Pyridazinedione, 1,2-dihydro-.
    123386  Propionaldehyde.
    123626  Propionic anhydride.
    123637  Paraldehyde.
            1,3,5-Trioxane, 2,4,6-trimethyl-.
    123739  Crotonaldehyde.
            2-Butenal.
    123864  Butyl acetate.
    123911  1,4-Diethyleneoxide.
            1,4-Dioxane.
    123922  iso-Amyl acetate.
    124049  Adipic acid.
    124403  Dimethylamine.
            Methanamine, N-methyl-.
    124414  Sodium methylate.
    124481  Chlorodibromomethane.
    126727  Tris(2,3-dibromopropyl) phosphate.
            1-Propanol, 2,3-dibromo-, phosphate (3:1).
    126987  Methacrylonitrile.
            2-Propenenitrile, 2-methyl-.
    126998  Chloroprene.
    127184  Ethene, tertrachloro-.
            Perchloroethylene.
            Tetrachloroethylene.
    127822  Zinc phenolsulfonate.
    129000  Pyrene.
    130154  1,4-Naphthalenedione.
            1,4-Naphthoquinone.
    131113  Dimethyl phthalate.
            1,2-Benzenedicarboxylic acid, dimethyl ester.
    131748  Ammonium picrate.
            Phenol, 2,4,6-trinitro-, ammonium salt.
    131895  Phenol, 2-cyclohexyl-4,6-dinitro-.
            2-Cyclohexyl-4,6-dinitrophenol.
    132649  Dibenzofuran.
    133062  Captan.
    133904  Chloramben.
    134327  alpha-Naphthylamine.
            1-Naphthalenamine.
    137268  Thioperoxydicarbonic diamide
             ([H2N)C(S)]2S2, tetramethyl-.
            Thiram.
    137304  Zinc, bis(dimethylcarbamodithioato-S,S')-, (Ziram).
    140885  Ethyl acrylate.
            2-Propenoic acid, ethyl ester.
    141786  Acetic acid, ethyl ester.
            Ethyl acetate.
    142289  1,3-Dichloropropane.
    142712  Cupric acetate.
    142847  Dipropylamine.
            1-Propanamine, N-propyl-.
    143339  Sodium cyanide Na(CN).
    143500  Kepone.
            1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-
             one,1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-.
    145733  Endothall.
            7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid.
    148823  L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-.
            Melphalan.
    151508  Potassium cyanide K(CN).
    151564  Aziridine.
            Ethylenimine.
    152169  Diphosphoramide, octamethyl-.
            Octamethylpyrophosphoramide.
    156605  Ethene, 1,2-dichloro- (E).
            1,2-Dichloroethylene.
    156627  Calcium cyanamide.
    189559  Benzo[rst]pentaphene.
            Dibenzo[a,i]pyrene.
    191242  Benzo[ghi]perylene.
    193395  Indeno(1,2,3-cd)pyrene.
    205992  Benzo[b]fluoranthene.
    206440  Fluoranthene.
    207089  Benzo(k)fluoranthene.
    208968  Acenaphthylene.
    218019  Chrysene.
    225514  Benz[c]acridine.
    297972  O,O-Diethyl O-pyrazinyl phosphoro-
             thioate.
            Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester.
    298000  Methyl parathion.
            Phosphorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester.
    298022  Phorate.
            Phosphorodithioic acid, O,O-diethyl S-[(ethylthio) methyl]
             ester.
    298044  Disulfoton.
            Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl]
             ester.
    300765  Naled.
    301042  Acetic acid, lead(2+) salt.
            Lead acetate.
    302012  Hydrazine.
    303344  Lasiocarpine.
            2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-
             methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-
             tetrahydro-1H-pyrrolizin-1-yl ester, [1S-
             [1alpha(Z),7(2S*,3R*), 7aalpha]]-.
    305033  Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-.
            Chlorambucil.
    309002  Aldrin.
            1,4:5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-
             1,4,4a,5,8,8a-hexahydro-,
             (1alpha,4alpha,4abeta,5alpha,8alpha, 8abeta)-.
    311455  Diethyl-p-nitrophenyl phosphate.
            Phosphoric acid, diethyl 4-nitrophenyl ester.
    315184  Mexacarbate.
            Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate
             (ester).
    319846  alpha--BHC.
    319857  beta--BHC.
    319868  delta--BHC.
    329715  2,5-Dinitrophenol.
    330541  Diuron.
    333415  Diazinon.
    334883  Diazomethane.
    353504  Carbon oxyfluoride.
            Carbonic difluoride.
    357573  Brucine.
            Strychnidin-10-one, 2,3-dimethoxy-.
    460195  Cyanogen.
            Ethanedinitrile.
    463581  Carbonyl sulfide.
    465736  Isodrin.

[[Page 317]]

 
            1,4:5,8-Dimethanonaphthalene,1,2,3,4,10,10-hexachloro-
             1,4,4a,5,8,8a-hexahydro-,
             (1alpha,4alpha,4abeta,5beta,8beta, 8abeta)-.
    492808  Auramine.
            Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-.
    494031  Chlornaphazine.
            Naphthalenamine, N,N'-bis(2-chloro-
             ethyl)-.
    496720  Benzenediamine, ar-methyl-.
            Toluenediamine.
            2,4-Toluene diamine.
    504245  4-Aminopyridine.
            4-Pyridinamine.
    504609  1-Methylbutadiene.
            1,3-Pentadiene.
    506616  Argentate(1-), bis(cyano-C)-, potassium.
            Potassium silver cyanide.
    506649  Silver cyanide Ag(CN).
    506683  Cyanogen bromide (CN)Br.
    506774  Cyanogen chloride (CN)Cl.
    506876  Ammonium carbonate.
    506967  Acetyl bromide.
    509148  Methane, tetranitro-.
            Tetranitromethane.
    510156  Benzeneacetic acid, 4-chloro-[alpha]- (4-chlorophenyl)-
             [alpha]-hydroxy-, ethyl ester.
            Chlorobenzilate.
    513495  sec-Butylamine.
    528290  o-Dinitrobenzene.
    532274  2-Chloroacetophenone.
    534521  4,6-Dinitro-o-cresol, and salts.
            Phenol, 2-methyl-4,6-dinitro-, & salts.
    540738  Hydrazine, 1,2-dimethyl-.
            1,2-Dimethylhydrazine.
    540841  2,2,4-Trimethylpentane.
    540885  tert-Butyl acetate.
    541093  Uranyl acetate.
    541537  Dithiobiuret.
            Thioimidodicarbonic diamide
             [(H2N)C(S)]2NH.
    541731  Benzene, 1,3-dichloro-.
            m-Dichlorobenzene.
            1,3-Dichlorobenzene.
    542621  Barium cyanide.
    542756  1-Propene, 1,3-dichloro-.
            1,3-Dichloropropene.
    542767  Propanenitrile, 3-chloro-.
            3-Chloropropionitrile.
    542881  Bis(chloromethyl)ether.
            Dichloromethyl ether.
            Methane, oxybis(chloro-.
    543908  Cadmium acetate.
    544183  Cobaltous formate.
    544923  Copper cyanide Cu(CN).
    554847  m-Nitrophenol.
    557197  Nickel cyanide Ni(CN)2.
    557211  Zinc cyanide Zn(CN)2.
            Zinc cyanide Zn(CN)2.
    557346  Zinc acetate.
    557415  Zinc formate.
    563122  Ethion.
    563688  Acetic acid, thallium(1+) salt.
            Thallium(I) acetate.
    573568  2,6-Dinitrophenol.
    584849  Benzene, 1,3-diisocyanatomethyl-.
            Toluene diisocyanate.
            2,4-Toluene diisocyanate.
    591082  Acetamide, N-(aminothioxomethyl)-.
            1-Acetyl-2-thiourea.
    592018  Calcium cyanide Ca(CN)2.
    592041  Mercuric cyanide.
    592858  Mercuric thiocyanate.
    592870  Lead thiocyanate.
    593602  Vinyl bromide.
    594423  Methanesulfenyl chloride, trichloro-.
            Trichloromethanesulfenyl chloride.
    598312  Bromoacetone.
            2-Propanone, 1-bromo-.
    606202  Benzene, 2-methyl-1,3-dinitro-.
            2,6-Dinitrotoluene.
    608731  HEXACHLOROCYCLOHEXANE (all isomers).
    608935  Benzene, pentachloro-.
            Pentachlorobenzene.
    609198  3,4,5-Trichlorophenol.
    610399  3,4-Dinitrotoluene.
    615532  Carbamic acid, methylnitroso-, ethyl ester.
            N-Nitroso-N-methylurethane.
    621647  Di-n-propylnitrosamine.
            1-Propanamine, N-nitroso-N-propyl-.
    624839  Methane, isocyanato-.
            Methyl isocyanate.
    625161  tert-Amyl acetate.
    626380  sec-Amyl acetate.
    628637  Amyl acetate.
    628864  Fulminic acid, mercury(2+)salt.
            Mercury fulminate.
    630104  Selenourea.
    630206  Ethane, 1,1,1,2-tetrachloro-.
            1,1,1,2-Tetrachloroethane.
    631618  Ammonium acetate.
    636215  Benzenamine, 2-methyl-, hydrochloride.
            o-Toluidine hydrochloride.
    640197  Acetamide, 2-fluoro-.
            Fluoroacetamide.
    644644  Carbamic acid, dimethyl-,1-[(dimethylamino)carbonyl]-5-
             methyl-1H-pyrazol-3-yl ester (Dimetilan).
    680319  Hexamethylphosphoramide.
    684935  N-Nitroso-N-methylurea.
            Urea, N-methyl-N-nitroso-.
    692422  Arsine, diethyl-.
            Diethylarsine.
    696286  Arsonous dichloride, phenyl-.
            Dichlorophenylarsine.
    757584  Hexaethyl tetraphosphate.
            Tetraphosphoric acid, hexaethyl ester.
    759739  N-Nitroso-N-ethylurea.
            Urea, N-ethyl-N-nitroso-.
    764410  1,4-Dichloro-2-butene.
            2-Butene, 1,4-dichloro-.
    765344  Glycidylaldehyde.
            Oxiranecarboxyaldehyde.
    815827  Cupric tartrate.
    822060  Hexamethylene-1,6-diisocyanate.
    823405  Benzenediamine, ar-methyl-.
            Toluenediamine.
            2,4-Toluene diamine.
    924163  N-Nitrosodi-n-butylamine.
            1-Butanamine, N-butyl-N-nitroso-.
    930552  N-Nitrosopyrrolidine.
            Pyrrolidine, 1-nitroso-.
    933755  2,3,6-Trichlorophenol.
    933788  2,3,5-Trichlorophenol.
    959988  alpha-Endosulfan.
   1024573  Heptachlor epoxide.
   1031078  Endosulfan sulfate.
   1066304  Chromic acetate.
   1066337  Ammonium bicarbonate.
   1072351  Lead stearate.

[[Page 318]]

 
   1111780  Ammonium carbamate.
   1116547  Ethanol, 2,2'-(nitrosoimino)bis-.
            N-Nitrosodiethanolamine.
   1120714  1,2-Oxathiolane, 2,2-dioxide.
            1,3-Propane sultone.
   1129415  Carbamic acid, methyl-, 3-methylphenyl ester (Metolcarb).
   1185575  Ferric ammonium citrate.
   1194656  Dichlobenil.
   1300716  Xylenol.
   1303282  Arsenic oxide As2O5.
            Arsenic pentoxide.
   1303328  Arsenic disulfide.
   1303339  Arsenic trisulfide.
   1309644  Antimony trioxide.
   1310583  Potassium hydroxide.
   1310732  Sodium hydroxide.
   1314325  Thallic oxide.
            Thallium oxide Tl2O3.
   1314621  Vanadium oxide V2O5.
            Vanadium pentoxide.
   1314803  Phosphorus pentasulfide.
            Phosphorus sulfide.
            Sulfur phosphide.
   1314847  Zinc phosphide Zn3P2.
   1314870  Lead sulfide.
   1319728  2,4,5-T amines.
   1319773  Cresol (cresylic acid).
            Cresols (isomers and mixture).
            Cresylic acid (isomers and mixture).
            Phenol, methyl-.
   1320189  2,4-D Ester.
   1321126  Nitrotoluene.
   1327533  Arsenic oxide As2O3.
            Arsenic trioxide.
   1330207  Benzene, dimethyl-.
            Xylene.
            Xylene (mixed).
            Xylenes (isomers and mixture).
   1332076  Zinc borate.
   1332214  Asbestos.
   1333831  Sodium bifluoride.
   1335326  Lead subacetate.
            Lead, bis(acetato-O)tetrahydroxytri.
   1336216  Ammonium hydroxide.
   1336363  Aroclors.
            PCBs.
            POLYCHLORINATED BIPHENYLS.
   1338234  Methyl ethyl ketone peroxide.
            2-Butanone peroxide.
   1338245  Naphthenic acid.
   1341497  Ammonium bifluoride.
   1464535  1,2:3,4-Diepoxybutane.
            2,2'-Bioxirane.
   1563388  7-Benzofuranol, 2,3-dihydro-2,2-dimethyl- (Carbofuran
             phenol).
   1563662  7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate.
            Carbofuran.
   1582098  Trifluralin.
   1615801  Hydrazine, 1,2-diethyl-.
            N,N'-Diethylhydrazine.
   1634044  Methyl tert-butyl ether.
   1646884  Propanal, 2-methyl-2-(methylsulfonyl)-, O-
             [(methylamino)carbonyl] oxime (Aldicarb sulfone).
   1746016  TCDD.
            2,3,7,8-Tetrachlorodibenzo-p-dioxin.
   1762954  Ammonium thiocyanate.
   1863634  Ammonium benzoate.
   1888717  Hexachloropropene.
            1-Propene, 1,1,2,3,3,3-hexachloro-.
   1918009  Dicamba.
   1928387  2,4-D Ester.
   1928478  2,4,5-T esters.
   1928616  2,4-D Ester.
   1929733  2,4-D Ester.
   2008460  2,4,5-T amines.
   2032657  Mercaptodimethur.
            Methiocarb.
            Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate.
   2303164  Carbamothioic acid, bis(1-methylethyl)-,
             S-(2,3-dichloro-2-propenyl) ester.
            Diallate.
   2303175  Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-
             2-propenyl) ester (Triallate).
   2312358  Propargite.
   2545597  2,4,5-T esters.
   2631370  Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate
             (Promecarb).
   2763964  3(2H)-Isoxazolone, 5-(aminomethyl)-.
            5-(Aminomethyl)-3-isoxazolol.
   2764729  Diquat
   2921882  Chlorpyrifos.
   2944674  Ferric ammonium oxalate.
   2971382  2,4-D Ester.
   3012655  Ammonium citrate, dibasic.
   3164292  Ammonium tartrate.
   3165933  Benzenamine, 4-chloro-2-methyl-,
             hydrochloride.
            4-Chloro-o-toluidine, hydrochloride.
   3251238  Cupric nitrate.
   3288582  O,O-Diethyl S-methyl dithiophosphate.
            Phosphorodithioic acid, O,O-diethyl
             S-methyl ester.
   3486359  Zinc carbonate.
   3547044  DDE.
   3689245  Tetraethyldithiopyrophosphate.
            Thiodiphosphoric acid, tetraethyl ester.
   3813147  2,4,5-T amines.
   4170303  Crotonaldehyde.
            2-Butenal.
   4549400  N-Nitrosomethylvinylamine.
            Vinylamine, N-methyl-N-nitroso-.
   5344821  Thiourea, (2-chlorophenyl)-.
            1-(o-Chlorophenyl)thiourea.
   5893663  Cupric oxalate.
   5952261  Ethanol, 2,2'-oxybis-, dicarbamate (Diethylene glycol,
             dicarbamate).
   5972736  Ammonium oxalate.
   6009707  Ammonium oxalate.
   6369966  2,4,5-T amines.
   6369977  2,4,5-T amines.
   6533739  Carbonic acid, dithallium(1+) salt.
            Thallium(I) carbonate.
   7005723  4-Chlorophenyl phenyl ether.
   7421934  Endrin aldehyde.
   7428480  Lead stearate.
   7439921  Lead.
   7439976  Mercury.
   7440020  Nickel.
   7440224  Silver.
   7440235  Sodium.
   7440280  Thallium.
   7440360  Antimony.
   7440382  Arsenic.
   7440417  Beryllium.
            Beryllium powder.
   7440439  Cadmium.

[[Page 319]]

 
   7440473  Chromium.
   7440508  Copper.
   7440666  Zinc.
   7446084  Selenium dioxide.
            Selenium oxide.
   7446142  Lead sulfate.
   7446186  Sulfuric acid, dithallium(1+) salt.
            Thallium(I) sulfate.
   7446277  Lead phosphate.
            Phosphoric acid, lead(2+) salt (2:3).
   7447394  Cupric chloride.
   7488564  Selenium sulfide SeS2.
   7550450  Titanium tetrachloride.
   7558794  Sodium phosphate, dibasic.
   7601549  Sodium phosphate, tribasic.
   7631892  Sodium arsenate.
   7631905  Sodium bisulfite.
   7632000  Sodium nitrite.
   7645252  Lead arsenate.
   7646857  Zinc chloride.
   7647010  Hydrochloric acid.
            Hydrogen chloride.
   7647189  Antimony pentachloride.
   7664382  Phosphoric acid.
   7664393  Hydrofluoric acid.
            Hydrogen fluoride.
   7664417  Ammonia.
   7664939  Sulfuric acid.
   7681494  Sodium fluoride.
   7681529  Sodium hypochlorite.
   7697372  Nitric acid.
   7699458  Zinc bromide.
   7705080  Ferric chloride.
   7718549  Nickel chloride.
   7719122  Phosphorus trichloride.
   7720787  Ferrous sulfate.
   7722647  Potassium permanganate.
   7723140  Phosphorus.
   7733020  Zinc sulfate.
   7738945  Chromic acid.
   7758294  Sodium phosphate, tribasic.
   7758943  Ferrous chloride.
   7758954  Lead chloride.
   7758987  Cupric sulfate.
   7761888  Silver nitrate.
   7773060  Ammonium sulfamate.
   7775113  Sodium chromate.
   7778394  Arsenic acid H3AsO4.
   7778441  Calcium arsenate.
   7778509  Potassium bichromate.
   7778543  Calcium hypochlorite.
   7779864  Zinc hydrosulfite.
   7779886  Zinc nitrate.
   7782414  Fluorine.
   7782492  Selenium.
   7782505  Chlorine.
   7782630  Ferrous sulfate.
   7782823  Sodium selenite.
   7782867  Mercurous nitrate.
   7783008  Selenious acid.
   7783064  Hydrogen sulfide H2S.
   7783359  Mercuric sulfate.
   7783462  Lead fluoride.
   7783495  Zinc fluoride.
   7783508  Ferric fluoride.
   7783564  Antimony trifluoride.
   7784341  Arsenic trichloride.
   7784409  Lead arsenate.
   7784410  Potassium arsenate.
   7784465  Sodium arsenite.
   7785844  Sodium phosphate, tribasic.
   7786347  Mevinphos.
   7786814  Nickel sulfate.
   7787475  Beryllium chloride.
   7787497  Beryllium fluoride.
   7787555  Beryllium nitrate.
   7788989  Ammonium chromate.
   7789006  Potassium chromate.
   7789062  Strontium chromate.
   7789095  Ammonium bichromate.
   7789426  Cadmium bromide.
   7789437  Cobaltous bromide.
   7789619  Antimony tribromide.
   7790945  Chlorosulfonic acid.
   7791120  Thallium chloride TlCl.
   7803512  Hydrogen phosphide.
            Phosphine.
   7803556  Ammonium vanadate.
            Vanadic acid, ammonium salt.
   8001352  Chlorinated camphene.
            Toxaphene.
   8003198  Dichloropropane--Dichloropropene (mixture).
   8003347  Pyrethrins.
   8014957  Sulfuric acid.
  10022705  Sodium hypochlorite.
  10025873  Phosphorus oxychloride.
  10025919  Antimony trichloride.
  10026116  Zirconium tetrachloride.
  10028225  Ferric sulfate.
  10031591  Sulfuric acid, dithallium(1+) salt.
            Thallium(I) sulfate.
  10039324  Sodium phosphate, dibasic.
  10043013  Aluminum sulfate.
  10045893  Ferrous ammonium sulfate.
  10045940  Mercuric nitrate.
  10049055  Chromous chloride.
  10099748  Lead nitrate.
  10101538  Chromic sulfate.
  10101630  Lead iodide.
  10101890  Sodium phosphate, tribasic.
  10102064  Uranyl nitrate.
  10102188  Sodium selenite.
  10102439  Nitric oxide.
            Nitrogen oxide NO.
  10102440  Nitrogen dioxide.
            Nitrogen oxide NO2.
  10102451  Nitric acid, thallium(1+) salt.
            Thallium(I) nitrate.
  10102484  Lead arsenate.
  10108642  Cadmium chloride.
  10124502  Potassium arsenite.
  10124568  Sodium phosphate, tribasic.
  10140655  Sodium phosphate, dibasic.
  10192300  Ammonium bisulfite.
  10196040  Ammonium sulfite.
  10361894  Sodium phosphate, tribasic.
  10380297  Cupric sulfate, ammoniated.
  10415755  Mercurous nitrate.
  10421484  Ferric nitrate.
  10544726  Nitrogen dioxide.
            Nitrogen oxide NO2.
  10588019  Sodium bichromate.
  10605217  Carbamic acid, 1H-benzimidazol-2-yl, methyl ester
             (Carbendazim).
  11096825  Aroclor 1260.
  11097691  Aroclor 1254.
  11104282  Aroclor 1221.
  11115745  Chromic acid.
  11141165  Aroclor 1232.
  12002038  Cupric acetoarsenite.

[[Page 320]]

 
  12039520  Selenious acid, dithallium(1+) salt.
            Thallium (I) selenite.
  12054487  Nickel hydroxide.
  12125018  Ammonium fluoride.
  12125029  Ammonium chloride.
  12135761  Ammonium sulfide.
  12672296  Aroclor 1248.
  12674112  Aroclor 1016.
  12771083  Sulfur monochloride.
  13463393  Nickel carbonyl Ni(CO)4, (T-4)-.
  13560991  2,4,5-T salts.
  13597994  Beryllium nitrate.
  13746899  Zirconium nitrate.
  13765190  Calcium chromate.
            Chromic acid H2CrO4, calcium salt.
  13814965  Lead fluoborate.
  13826830  Ammonium fluoborate.
  13952846  sec-Butylamine.
  14017415  Cobaltous sulfamate.
  14216752  Nickel nitrate.
  14258492  Ammonium oxalate.
  14307358  Lithium chromate.
  14307438  Ammonium tartrate.
  14639975  Zinc ammonium chloride.
  14639986  Zinc ammonium chloride.
  14644612  Zirconium sulfate.
  15339363  Manganese, bis(dimethylcarbamodithioato-S,S')- (Manganese
             dimethyldithiocarbamate).
  15699180  Nickel ammonium sulfate.
  15739807  Lead sulfate.
  15950660  2,3,4-Trichlorophenol.
  16721805  Sodium hydrosulfide.
  16752775  Ethanimidothioic acid, N-[[(methylamino)carbonyl] oxy]-,
             methyl ester.
            Methomyl.
  16871719  Zinc silicofluoride.
  16919190  Ammonium silicofluoride.
  16923958  Zirconium potassium fluoride.
  17702577  Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-
             [[(methylamino)carbonyl]oxy]phenyl]-(Formparanate).
  17804352  Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2-
             yl]-, methyl ester (Benomyl).
  18883664  D-Glucose, 2-deoxy-2[[(methylnitrosoamino)-carbonyl]amino]-.
            Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-.
            Streptozotocin.
  20816120  Osmium oxide OsO4, (T-4)-.
            Osmium tetroxide.
  20830813  Daunomycin.
            5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy-
             alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-
             trihydroxy-1-methoxy-, (8S-cis)-.
  20859738  Aluminum phosphide.
  22781233  1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate
             (Bendiocarb).
  22961826  1,3-Benzodioxol-4-ol, 2,2-dimethyl-, (Bendiocarb phenol).
  23135220  Ethanimidothioic acid, 2-(dimethylamino)-N-
             [[(methylamino)carbonyl]oxy]-2-oxo-, methyl ester (Oxamyl).
  23422539  Methanimidamide, N,N-dimethyl-N'-[3-
             [[(methylamino)carbonyl]oxy]phenyl]-, monohydrochloride
             (Formetanate hydrochloride).
  23564058  Carbamic acid, [1,2-phenylenebis(iminocarbonothioyl)]bis-,
             dimethyl ester (Thiophanate-methyl).
  23950585  Benzamide, 3,5-dichloro-N-(1,1- dimethyl-2-propynyl)-.
            Pronamide.
  25154545  Dinitrobenzene (mixed).
  25154556  Nitrophenol (mixed).
  25155300  Sodium dodecylbenzenesulfonate.
  25167822  Trichlorophenol.
  25168154  2,4,5-T esters.
  25168267  2,4-D Ester.
  25321146  Dinitrotoluene.
  25321226  Dichlorobenzene.
  25376458  Benzenediamine, ar-methyl-.
            Toluenediamine.
            2,4-Toluene diamine.
  25550587  Dinitrophenol.
  26264062  Calcium dodecylbenzenesulfonate.
  26419738  1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-
             [(methylamino)carbonyl]oxime (Tirpate).
  26471625  Benzene, 1,3-diisocyanatomethyl-.
            Toluene diisocyanate.
            2,4-Toluene diisocyanate.
  26628228  Sodium azide.
  26638197  Dichloropropane.
  26952238  Dichloropropene.
  27176870  Dodecylbenzenesulfonic acid.
  27323417  Triethanolamine dodecylbenzene sulfonate.
  27774136  Vanadyl sulfate.
  28300745  Antimony potassium tartrate.
  30525894  Paraformaldehyde.
  30558431  Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-,
             methyl ester (A2213).
  32534955  2,4,5-TP esters.
  33213659  beta - Endosulfan.
  36478769  Uranyl nitrate.
  37211055  Nickel chloride.
  39196184  Thiofanox.
            2-Butanone, 3,3-dimethyl-1-(methylthio)-,O-
             [(methylamino)carbonyl] oxime.
  42504461  Isopropanolamine dodecylbenzenesulfonate.
  52628258  Zinc ammonium chloride.
  52652592  Lead stearate.
  52740166  Calcium arsenite.
  52888809  Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester
             (Prosulfocarb).
  53467111  2,4-D Ester.
  53469219  Aroclor 1242.
  55285148  Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-
             dimethyl-7-benzofuranyl ester (Carbosulfan).
  55488874  Ferric ammonium oxalate.
  56189094  Lead stearate.
  59669260  Ethanimidothioic acid, N,N'-
             [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester
             (Thiodicarb).
  61792072  2,4,5-T esters.
------------------------------------------------------------------------


                Appendix B to Sec.  302.4--Radionuclides
------------------------------------------------------------------------
                                               Atomic
                Radionuclide                   Number   Final RQ Ci (Bq)
------------------------------------------------------------------------
Radionuclides@..............................  ........       1&(3.7E 10)
Actinium-224................................        89     100 (3.7E 12)
Actinium-225................................        89       1 (3.7E 10)
Actinium-226................................        89      10 (3.7E 11)
Actinium-227................................        89    0.001 (3.7E 7)
Actinium-228................................        89      10 (3.7E 11)
Aluminum-26.................................        13      10 (3.7E 11)
Americium-237...............................        95    1000 (3.7E 13)

[[Page 321]]

 
Americium-238...............................        95     100 (3.7E 12)
Americium-239...............................        95     100 (3.7E 12)
Americium-240...............................        95      10 (3.7E 11)
Americium-241...............................        95     0.01 (3.7E 8)
Americium-242m..............................        95     0.01 (3.7E 8)
Americium-242...............................        95     100 (3.7E 12)
Americium-243...............................        95     0.01 (3.7E 8)
Americium-244m..............................        95    1000 (3.7E 13)
Americium-244...............................        95      10 (3.7E 11)
Americium-245...............................        95    1000 (3.7E 13)
Americium-246m..............................        95    1000 (3.7E 13)
Americium-246...............................        95    1000 (3.7E 13)
Antimony-115................................        51    1000 (3.7E 13)
Antimony-116m...............................        51     100 (3.7E 12)
Antimony-116................................        51    1000 (3.7E 13)
Antimony-117................................        51    1000 (3.7E 13)
Antimony-118m...............................        51      10 (3.7E 11)
Antimony-119................................        51    1000 (3.7E 13)
Antimony-120 (16 min).......................        51    1000 (3.7E 13)
Antimony-120 (5.76 day).....................        51      10 (3.7E 11)
Antimony-122................................        51      10 (3.7E 11)
Antimony-124m...............................        51    1000 (3.7E 13)
Antimony-124................................        51      10 (3.7E 11)
Antimony-125................................        51      10 (3.7E 11)
Antimony-126m...............................        51    1000 (3.7E 13)
Antimony-126................................        51      10 (3.7E 11)
Antimony-127................................        51      10 (3.7E 11)
Antimony-128 (10.4 min).....................        51    1000 (3.7E 13)
Antimony-128 (9.01 hr)......................        51      10 (3.7E 11)
Antimony-129................................        51     100 (3.7E 12)
Antimony-130................................        51     100 (3.7E 12)
Antimony-131................................        51    1000 (3.7E 13)
Argon-39....................................        18    1000 (3.7E 13)
Argon-41....................................        18      10 (3.7E 11)
Arsenic-69..................................        33    1000 (3.7E 13)
Arsenic-70..................................        33     100 (3.7E 12)
Arsenic-71..................................        33     100 (3.7E 12)
Arsenic-72..................................        33      10 (3.7E 11)
Arsenic-73..................................        33     100 (3.7E 12)
Arsenic-74..................................        33      10 (3.7E 11)
Arsenic-76..................................        33     100 (3.7E 12)
Arsenic-77..................................        33    1000 (3.7E 13)
Arsenic-78..................................        33     100 (3.7E 12)
Astatine-207................................        85     100 (3.7E 12)
Astatine-211................................        85     100 (3.7E 12)
Barium-126..................................        56    1000 (3.7E 13)
Barium-128..................................        56      10 (3.7E 11)
Barium-131m.................................        56    1000 (3.7E 13)
Barium-131..................................        56      10 (3.7E 11)
Barium-133m.................................        56     100 (3.7E 12)
Barium-133..................................        56      10 (3.7E 11)
Barium-135m.................................        56    1000 (3.7E 13)
Barium-139..................................        56    1000 (3.7E 13)
Barium-140..................................        56      10 (3.7E 11)
Barium-141..................................        56    1000 (3.7E 13)
Barium-142..................................        56    1000 (3.7E 13)
Berkelium-245...............................        97     100 (3.7E 12)
Berkelium-246...............................        97      10 (3.7E 11)
Berkelium-247...............................        97     0.01 (3.7E 8)
Berkelium-249...............................        97       1 (3.7E 10)
Berkelium-250...............................        97     100 (3.7E 12)
Beryllium-7.................................         4     100 (3.7E 12)
Beryllium-10................................         4       1 (3.7E 10)
Bismuth-200.................................        83     100 (3.7E 12)
Bismuth-201.................................        83     100 (3.7E 12)
Bismuth-202.................................        83    1000 (3.7E 13)
Bismuth-203.................................        83      10 (3.7E 11)
Bismuth-205.................................        83      10 (3.7E 11)
Bismuth-206.................................        83      10 (3.7E 11)
Bismuth-207.................................        83      10 (3.7E 11)
Bismuth-210m................................        83      0.1 (3.7E 9)
Bismuth-210.................................        83      10 (3.7E 11)
Bismuth-212.................................        83     100 (3.7E 12)
Bismuth-213.................................        83     100 (3.7E 12)
Bismuth-214.................................        83     100 (3.7E 12)
Bromine-74m.................................        35     100 (3.7E 12)
Bromine-74..................................        35     100 (3.7E 12)
Bromine-75..................................        35     100 (3.7E 12)
Bromine-76..................................        35      10 (3.7E 11)
Bromine-77..................................        35     100 (3.7E 12)
Bromine-80m.................................        35    1000 (3.7E 13)
Bromine-80..................................        35    1000 (3.7E 13)
Bromine-82..................................        35      10 (3.7E 11)
Bromine-83..................................        35    1000 (3.7E 13)
Bromine-84..................................        35     100 (3.7E 12)
Cadmium-104.................................        48    1000 (3.7E 13)
Cadmium-107.................................        48    1000 (3.7E 13)
Cadmium-109.................................        48       1 (3.7E 10)
Cadmium-113m................................        48      0.1 (3.7E 9)
Cadmium-113.................................        48      0.1 (3.7E 9)
Cadmium-115m................................        48      10 (3.7E 11)
Cadmium-115.................................        48     100 (3.7E 12)
Cadmium-117m................................        48      10 (3.7E 11)
Cadmium-117.................................        48     100 (3.7E 12)
Calcium-41..................................        20      10 (3.7E 11)
Calcium-45..................................        20      10 (3.7E 11)
Calcium-47..................................        20      10 (3.7E 11)
Californium-244.............................        98    1000 (3.7E 13)
Californium-246.............................        98      10 (3.7E 11)
Californium-248.............................        98      0.1 (3.7E 9)
Californium-249.............................        98     0.01 (3.7E 8)
Californium-250.............................        98     0.01 (3.7E 8)
Californium-251.............................        98     0.01 (3.7E 8)
Californium-252.............................        98      0.1 (3.7E 9)
Californium-253.............................        98      10 (3.7E 11)
Californium-254.............................        98      0.1 (3.7E 9)
Carbon-11...................................         6    1000 (3.7E 13)
Carbon-14...................................         6      10 (3.7E 11)
Cerium-134..................................        58      10 (3.7E 11)
Cerium-135..................................        58      10 (3.7E 11)
Cerium-137m.................................        58     100 (3.7E 12)
Cerium-137..................................        58    1000 (3.7E 13)
Cerium-139..................................        58     100 (3.7E 12)
Cerium-141..................................        58      10 (3.7E 11)
Cerium-143..................................        58     100 (3.7E 12)
Cerium-144..................................        58       1 (3.7E 10)
Cesium-125..................................        55    1000 (3.7E 13)
Cesium-127..................................        55     100 (3.7E 12)
Cesium-129..................................        55     100 (3.7E 12)
Cesium-130..................................        55    1000 (3.7E 13)
Cesium-131..................................        55    1000 (3.7E 13)
Cesium-132..................................        55      10 (3.7E 11)
Cesium-134m.................................        55    1000 (3.7E 13)
Cesium-134..................................        55       1 (3.7E 10)
Cesium-135m.................................        55     100 (3.7E 12)
Cesium-135..................................        55      10 (3.7E 11)
Cesium-136..................................        55      10 (3.7E 11)
Cesium-137..................................        55       1 (3.7E 10)
Cesium-138..................................        55     100 (3.7E 12)
Chlorine-36.................................        17      10 (3.7E 11)
Chlorine-38.................................        17     100 (3.7E 12)
Chlorine-39.................................        17     100 (3.7E 12)
Chromium-48.................................        24     100 (3.7E 12)
Chromium-49.................................        24    1000 (3.7E 13)
Chromium-51.................................        24    1000 (3.7E 13)
Cobalt-55...................................        27      10 (3.7E 11)
Cobalt-56...................................        27      10 (3.7E 11)
Cobalt-57...................................        27     100 (3.7E 12)
Cobalt-58m..................................        27    1000 (3.7E 13)
Cobalt-58...................................        27      10 (3.7E 11)

[[Page 322]]

 
Cobalt-60m..................................        27    1000 (3.7E 13)
Cobalt-60...................................        27      10 (3.7E 11)
Cobalt-61...................................        27    1000 (3.7E 13)
Cobalt-62m..................................        27    1000 (3.7E 13)
Copper-60...................................        29     100 (3.7E 12)
Copper-61...................................        29     100 (3.7E 12)
Copper-64...................................        29    1000 (3.7E 13)
Copper-67...................................        29     100 (3.7E 12)
Curium-238..................................        96    1000 (3.7E 13)
Curium-240..................................        96       1 (3.7E 10)
Curium-241..................................        96      10 (3.7E 11)
Curium-242..................................        96       1 (3.7E 10)
Curium-243..................................        96     0.01 (3.7E 8)
Curium-244..................................        96     0.01 (3.7E 8)
Curium-245..................................        96     0.01 (3.7E 8)
Curium-246..................................        96     0.01 (3.7E 8)
Curium-247..................................        96     0.01 (3.7E 8)
Curium-248..................................        96    0.001 (3.7E 7)
Curium-249..................................        96    1000 (3.7E 13)
Dysprosium-155..............................        66     100 (3.7E 12)
Dysprosium-157..............................        66     100 (3.7E 12)
Dysprosium-159..............................        66     100 (3.7E 12)
Dysprosium-165..............................        66    1000 (3.7E 13)
Dysprosium-166..............................        66      10 (3.7E 11)
Einsteinium-250.............................        99      10 (3.7E 11)
Einsteinium-251.............................        99    1000 (3.7E 13)
Einsteinium-253.............................        99      10 (3.7E 11)
Einsteinium-254m............................        99       1 (3.7E 10)
Einsteinium-254.............................        99      0.1 (3.7E 9)
Erbium-161..................................        68     100 (3.7E 12)
Erbium-165..................................        68    1000 (3.7E 13)
Erbium-169..................................        68     100 (3.7E 12)
Erbium-171..................................        68     100 (3.7E 12)
Erbium-172..................................        68      10 (3.7E 11)
Europium-145................................        63      10 (3.7E 11)
Europium-146................................        63      10 (3.7E 11)
Europium-147................................        63      10 (3.7E 11)
Europium-148................................        63      10 (3.7E 11)
Europium-149................................        63     100 (3.7E 12)
Europium-150 (12.6 hr)......................        63    1000 (3.7E 13)
Europium-150 (34.2 yr)......................        63      10 (3.7E 11)
Europium-152m...............................        63     100 (3.7E 12)
Europium-152................................        63      10 (3.7E 11)
Europium-154................................        63      10 (3.7E 11)
Europium-155................................        63      10 (3.7E 11)
Europium-156................................        63      10 (3.7E 11)
Europium-157................................        63      10 (3.7E 11)
Europium-158................................        63    1000 (3.7E 13)
Fermium-252.................................       100      10 (3.7E 11)
Fermium-253.................................       100      10 (3.7E 11)
Fermium-254.................................       100     100 (3.7E 12)
Fermium-255.................................       100     100 (3.7E 12)
Fermium-257.................................       100       1 (3.7E 10)
Fluorine-18.................................         9    1000 (3.7E 13)
Francium-222................................        87     100 (3.7E 12)
Francium-223................................        87     100 (3.7E 12)
Gadolinium-145..............................        64     100 (3.7E 12)
Gadolinium-146..............................        64      10 (3.7E 11)
Gadolinium-147..............................        64      10 (3.7E 11)
Gadolinium-148..............................        64     0.001 (3.7E7)
Gadolinium-149..............................        64     100 (3.7E 12)
Gadolinium-151..............................        64     100 (3.7E 12)
Gadolinium-152..............................        64    0.001 (3.7E 7)
Gadolinium-153..............................        64      10 (3.7E 11)
Gadolinium-159..............................        64    1000 (3.7E 13)
Gallium-65..................................        31    1000 (3.7E 13)
Gallium-66..................................        31      10 (3.7E 11)
Gallium-67..................................        31     100 (3.7E 12)
Gallium-68..................................        31    1000 (3.7E 13)
Gallium-70..................................        31    1000 (3.7E 13)
Gallium-72..................................        31      10 (3.7E 11)
Gallium-73..................................        31     100 (3.7E 12)
Germanium-66................................        32     100 (3.7E 12)
Germanium-67................................        32    1000 (3.7E 13)
Germanium-68................................        32      10 (3.7E 11)
Germanium-69................................        32      10 (3.7E 11)
Germanium-71................................        32    1000 (3.7E 13)
Germanium-75................................        32    1000 (3.7E 13)
Germanium-77................................        32      10 (3.7E 11)
Germanium-78................................        32    1000 (3.7E 13)
Gold-193....................................        79     100 (3.7E 12)
Gold-194....................................        79      10 (3.7E 11)
Gold-195....................................        79     100 (3.7E 12)
Gold-198m...................................        79      10 (3.7E 11)
Gold-198....................................        79     100 (3.7E 12)
Gold-199....................................        79     100 (3.7E 12)
Gold-200m...................................        79      10 (3.7E 11)
Gold-200....................................        79    1000 (3.7E 13)
Gold-201....................................        79    1000 (3.7E 13)
Hafnium-170.................................        72     100 (3.7E 12)
Hafnium-172.................................        72       1 (3.7E 10)
Hafnium-173.................................        72     100 (3.7E 12)
Hafnium-175.................................        72     100 (3.7E 12)
Hafnium-177m................................        72    1000 (3.7E 13)
Hafnium-178m................................        72      0.1 (3.7E 9)
Hafnium-179m................................        72     100 (3.7E 12)
Hafnium-180m................................        72     100 (3.7E 12)
Hafnium-181.................................        72      10 (3.7E 11)
Hafnium-182m................................        72     100 (3.7E 12)
Hafnium-182.................................        72      0.1 (3.7E 9)
Hafnium-183.................................        72     100 (3.7E 12)
Hafnium-184.................................        72     100 (3.7E 12)
Holmium-155.................................        67    1000 (3.7E 13)
Holmium-157.................................        67    1000 (3.7E 13)
Holmium-159.................................        67    1000 (3.7E 13)
Holmium-161.................................        67    1000 (3.7E 13)
Holmium-162m................................        67    1000 (3.7E 13)
Holmium-162.................................        67    1000 (3.7E 13)
Holmium-164m................................        67    1000 (3.7E 13)
Holmium-164.................................        67    1000 (3.7E 13)
Holmium-166m................................        67       1 (3.7E 10)
Holmium-166.................................        67     100 (3.7E 12)
Holmium-167.................................        67     100 (3.7E 12)
Hydrogen-3..................................         1     100 (3.7E 12)
Indium-109..................................        49     100 (3.7E 12)
Indium-110 (69.1 min).......................        49     100 (3.7E 12)
Indium-110 (4.9 hr).........................        49      10 (3.7E 11)
Indium-111..................................        49     100 (3.7E 12)
Indium-112..................................        49    1000 (3.7E 13)
Indium-113m.................................        49    1000 (3.7E 13)
Indium-114m.................................        49      10 (3.7E 11)
Indium-115m.................................        49     100 (3.7E 12)
Indium-115..................................        49      0.1 (3.7E 9)
Indium-116m.................................        49     100 (3.7E 12)
Indium-117m.................................        49     100 (3.7E 12)
Indium-117..................................        49    1000 (3.7E 13)
Indium-119m.................................        49    1000 (3.7E 13)
Iodine-120m.................................        53     100 (3.7E 12)
Iodine-120..................................        53      10 (3.7E 11)
Iodine-121..................................        53     100 (3.7E 12)
Iodine-123..................................        53      10 (3.7E 11)
Iodine-124..................................        53      0.1 (3.7E 9)
Iodine-125..................................        53     0.01 (3.7E 8)
Iodine-126..................................        53     0.01 (3.7E 8)
Iodine-128..................................        53    1000 (3.7E 13)
Iodine-129..................................        53    0.001 (3.7E 7)
Iodine-130..................................        53       1 (3.7E 10)
Iodine-131..................................        53     0.01 (3.7E 8)
Iodine-132m.................................        53      10 (3.7E 11)
Iodine-132..................................        53      10 (3.7E 11)

[[Page 323]]

 
Iodine-133..................................        53      0.1 (3.7E 9)
Iodine-134..................................        53     100 (3.7E 12)
Iodine-135..................................        53      10 (3.7E 11)
Iridium-182.................................        77    1000 (3.7E 13)
Iridium-184.................................        77     100 (3.7E 12)
Iridium-185.................................        77     100 (3.7E 12)
Iridium-186.................................        77      10 (3.7E 11)
Iridium-187.................................        77     100 (3.7E 12)
Iridium-188.................................        77      10 (3.7E 11)
Iridium-189.................................        77     100 (3.7E 12)
Iridium-190m................................        77    1000 (3.7E 13)
Iridium-190.................................        77      10 (3.7E 11)
Iridium-192m................................        77     100 (3.7E 12)
Iridium-192.................................        77      10 (3.7E 11)
Iridium-194m................................        77      10 (3.7E 11)
Iridium-194.................................        77     100 (3.7E 12)
Iridium-195m................................        77     100 (3.7E 12)
Iridium-195.................................        77    1000 (3.7E 13)
Iron-52.....................................        26     100 (3.7E 12)
Iron-55.....................................        26     100 (3.7E 12)
Iron-59.....................................        26      10 (3.7E 11)
Iron-60.....................................        26      0.1 (3.7E 9)
Krypton-74..................................        36      10 (3.7E 11)
Krypton-76..................................        36      10 (3.7E 11)
Krypton-77..................................        36      10 (3.7E 11)
Krypton-79..................................        36     100 (3.7E 12)
Krypton-81..................................        36    1000 (3.7E 13)
Krypton-83m.................................        36    1000 (3.7E 13)
Krypton-85m.................................        36     100 (3.7E 12)
Krypton-85..................................        36    1000 (3.7E 13)
Krypton-87..................................        36      10 (3.7E 11)
Krypton-88..................................        36      10 (3.7E 11)
Lanthanum-131...............................        57    1000 (3.7E 13)
Lanthanum-132...............................        57     100 (3.7E 12)
Lanthanum-135...............................        57    1000 (3.7E 13)
Lanthanum-137...............................        57      10 (3.7E 11)
Lanthanum-138...............................        57       1 (3.7E 10)
Lanthanum-140...............................        57      10 (3.7E 11)
Lanthanum-141...............................        57    1000 (3.7E 13)
Lanthanum-142...............................        57     100 (3.7E 12)
Lanthanum-143...............................        57    1000 (3.7E 13)
Lead-195m...................................        82    1000 (3.7E 13)
Lead-198....................................        82     100 (3.7E 12)
Lead-199....................................        82     100 (3.7E 12)
Lead-200....................................        82     100 (3.7E 12)
Lead-201....................................        82     100 (3.7E 12)
Lead-202m...................................        82      10 (3.7E 11)
Lead-202....................................        82       1 (3.7E 10)
Lead-203....................................        82     100 (3.7E 12)
Lead-205....................................        82     100 (3.7E 12)
Lead-209....................................        82    1000 (3.7E 13)
Lead-210....................................        82     0.01 (3.7E 8)
Lead-211....................................        82     100 (3.7E 12)
Lead-212....................................        82      10 (3.7E 11)
Lead-214....................................        82     100 (3.7E 12)
Lutetium-169................................        71      10 (3.7E 11)
Lutetium-170................................        71      10 (3.7E 11)
Lutetium-171................................        71      10 (3.7E 11)
Lutetium-172................................        71      10 (3.7E 11)
Lutetium-173................................        71     100 (3.7E 12)
Lutetium-174m...............................        71      10 (3.7E 11)
Lutetium-174................................        71      10 (3.7E 11)
Lutetium-176m...............................        71    1000 (3.7E 13)
Lutetium-176................................        71       1 (3.7E 10)
Lutetium-177m...............................        71      10 (3.7E 11)
Lutetium-177................................        71     100 (3.7E 12)
Lutetium-178m...............................        71    1000 (3.7E 13)
Lutetium-178................................        71    1000 (3.7E 13)
Lutetium-179................................        71    1000 (3.7E 13)
Magnesium-28................................        12      10 (3.7E 11)
Manganese-51................................        25    1000 (3.7E 13)
Manganese-52m...............................        25    1000 (3.7E 13)
Manganese-52................................        25      10 (3.7E 11)
Manganese-53................................        25    1000 (3.7E 13)
Manganese-54................................        25      10 (3.7E 11)
Manganese-56................................        25     100 (3.7E 12)
Mendelevium-257.............................       101     100 (3.7E 12)
Mendelevium-258.............................       101       1 (3.7E 10)
Mercury-193m................................        80      10 (3.7E 11)
Mercury-193.................................        80     100 (3.7E 12)
Mercury-194.................................        80      0.1 (3.7E 9)
Mercury-195m................................        80     100 (3.7E 12)
Mercury-195.................................        80     100 (3.7E 12)
Mercury-197m................................        80    1000 (3.7E 13)
Mercury-197.................................        80    1000 (3.7E 13)
Mercury-199m................................        80    1000 (3.7E 13)
Mercury-203.................................        80      10 (3.7E 11)
Molybdenum-90...............................        42     100 (3.7E 12)
Molybdenum-93m..............................        42      10 (3.7E 11)
Molybdenum-93...............................        42     100 (3.7E 12)
Molybdenum-99...............................        42     100 (3.7E 12)
Molybdenum-101..............................        42    1000 (3.7E 13)
Neodymium-136...............................        60    1000 (3.7E 13)
Neodymium-138...............................        60    1000 (3.7E 13)
Neodymium-139m..............................        60     100 (3.7E 12)
Neodymium-139...............................        60    1000 (3.7E 13)
Neodymium-141...............................        60    1000 (3.7E 13)
Neodymium-147...............................        60      10 (3.7E 11)
Neodymium-149...............................        60     100 (3.7E 12)
Neodymium-151...............................        60    1000 (3.7E 13)
Neptunium-232...............................        93    1000 (3.7E 13)
Neptunium-233...............................        93    1000 (3.7E 13)
Neptunium-234...............................        93      10 (3.7E 11)
Neptunium-235...............................        93    1000 (3.7E 13)
Neptunium-236 (1.2 E 5 yr)..................        93      0.1 (3.7E 9)
Neptunium-236 (22.5 hr).....................        93     100 (3.7E 12)
Neptunium-237...............................        93     0.01 (3.7E 8)
Neptunium-238...............................        93      10 (3.7E 11)
Neptunium-239...............................        93     100 (3.7E 12)
Neptunium-240...............................        93     100 (3.7E 12)
Nickel-56...................................        28      10 (3.7E 11)
Nickel-57...................................        28      10 (3.7E 11)
Nickel-59...................................        28     100 (3.7E 12)
Nickel-63...................................        28     100 (3.7E 12)
Nickel-65...................................        28     100 (3.7E 12)
Nickel-66...................................        28      10 (3.7E 11)
Niobium-88..................................        41     100 (3.7E 12)
Niobium-89 (66 min).........................        41     100 (3.7E 12)
Niobium-89 (122 min)........................        41     100 (3.7E 12)
Niobium-90..................................        41      10 (3.7E 11)
Niobium-93m.................................        41     100 (3.7E 12)
Niobium-94..................................        41      10 (3.7E 11)
Niobium-95m.................................        41     100 (3.7E 12)
Niobium-95..................................        41      10 (3.7E 11)
Niobium-96..................................        41      10 (3.7E 11)
Niobium-97..................................        41     100 (3.7E 12)
Niobium-98..................................        41    1000 (3.7E 13)
Osmium-180..................................        76    1000 (3.7E 13)
Osmium-181..................................        76     100 (3.7E 12)
Osmium-182..................................        76     100 (3.7E 12)
Osmium-185..................................        76      10 (3.7E 11)
Osmium-189m.................................        76    1000 (3.7E 13)
Osmium-191m.................................        76    1000 (3.7E 13)
Osmium-191..................................        76     100 (3.7E 12)
Osmium-193..................................        76     100 (3.7E 12)
Osmium-194..................................        76       1 (3.7E 10)
Palladium-100...............................        46     100 (3.7E 12)
Palladium-101...............................        46     100 (3.7E 12)
Palladium-103...............................        46     100 (3.7E 12)
Palladium-107...............................        46     100 (3.7E 12)

[[Page 324]]

 
Palladium-109...............................        46    1000 (3.7E 13)
Phosphorus-32...............................        15      0.1 (3.7E 9)
Phosphorus-33...............................        15       1 (3.7E 10)
Platinum-186................................        78     100 (3.7E 12)
Platinum-188................................        78     100 (3.7E 12)
Platinum-189................................        78     100 (3.7E 12)
Platinum-191................................        78     100 (3.7E 12)
Platinum-193m...............................        78     100 (3.7E 12)
Platinum-193................................        78    1000 (3.7E 13)
Platinum-195m...............................        78     100 (3.7E 12)
Platinum-197m...............................        78    1000 (3.7E 13)
Platinum-197................................        78    1000 (3.7E 13)
Platinum-199................................        78    1000 (3.7E 13)
Platinum-200................................        78     100 (3.7E 12)
Plutonium-234...............................        94    1000 (3.7E 13)
Plutonium-235...............................        94    1000 (3.7E 13)
Plutonium-236...............................        94      0.1 (3.7E 9)
Plutonium-237...............................        94    1000 (3.7E 13)
Plutonium-238...............................        94     0.01 (3.7E 8)
Plutonium-239...............................        94     0.01 (3.7E 8)
Plutonium-240...............................        94     0.01 (3.7E 8)
Plutonium-241...............................        94       1 (3.7E 10)
Plutonium-242...............................        94     0.01 (3.7E 8)
Plutonium-243...............................        94    1000 (3.7E 13)
Plutonium-244...............................        94     0.01 (3.7E 8)
Plutonium-245...............................        94     100 (3.7E 12)
Polonium-203................................        84     100 (3.7E 12)
Polonium-205................................        84     100 (3.7E 12)
Polonium-207................................        84      10 (3.7E 11)
Polonium-210................................        84     0.01 (3.7E 8)
Potassium-40................................        19       1 (3.7E 10)
Potassium-42................................        19     100 (3.7E 12)
Potassium-43................................        19      10 (3.7E 11)
Potassium-44................................        19     100 (3.7E 12)
Potassium-45................................        19    1000 (3.7E 13)
Praseodymium-136............................        59    1000 (3.7E 13)
Praseodymium-137............................        59    1000 (3.7E 13)
Praseodymium-138m...........................        59     100 (3.7E 12)
Praseodymium-139............................        59    1000 (3.7E 13)
Praseodymium-142m...........................        59    1000 (3.7E 13)
Praseodymium-142............................        59     100 (3.7E 12)
Praseodymium-143............................        59      10 (3.7E 11)
Praseodymium-144............................        59    1000 (3.7E 13)
Praseodymium-145............................        59    1000 (3.7E 13)
Praseodymium-147............................        59    1000 (3.7E 13)
Promethium-141..............................        61    1000 (3.7E 13)
Promethium-143..............................        61     100 (3.7E 12)
Promethium-144..............................        61      10 (3.7E 11)
Promethium-145..............................        61     100 (3.7E 12)
Promethium-146..............................        61      10 (3.7E 11)
Promethium-147..............................        61      10 (3.7E 11)
Promethium-148m.............................        61      10 (3.7E 11)
Promethium-148..............................        61      10 (3.7E 11)
Promethium-149..............................        61     100 (3.7E 12)
Promethium-150..............................        61     100 (3.7E 12)
Promethium-151..............................        61     100 (3.7E 12)
Protactinium-227............................        91     100 (3.7E 12)
Protactinium-228............................        91      10 (3.7E 11)
Protactinium-230............................        91      10 (3.7E 11)
Protactinium-231............................        91     0.01 (3.7E 8)
Protactinium-232............................        91      10 (3.7E 11)
Protactinium-233............................        91     100 (3.7E 12)
Protactinium-234............................        91      10 (3.7E 11)
Radium-223..................................        88       1 (3.7E 10)
Radium-224..................................        88      10 (3.7E 11)
Radium-225..................................        88       1 (3.7E 10)
Radium-226[Phi].............................        88      0.1 (3.7E 9)
Radium-227..................................        88    1000 (3.7E 13)
Radium-228..................................        88      0.1 (3.7E 9)
Radon-220...................................        86      0.1 (3.7E 9)
Radon-222...................................        86      0.1 (3.7E 9)
Rhenium-177.................................        75    1000 (3.7E 13)
Rhenium-178.................................        75    1000 (3.7E 13)
Rhenium-181.................................        75     100 (3.7E 12)
Rhenium-182 (12.7 hr).......................        75      10 (3.7E 11)
Rhenium-182 (64.0 hr).......................        75      10 (3.7E 11)
Rhenium-184m................................        75      10 (3.7E 11)
Rhenium-184.................................        75      10 (3.7E 11)
Rhenium-186m................................        75      10 (3.7E 11)
Rhenium-186.................................        75     100 (3.7E 12)
Rhenium-187.................................        75    1000 (3.7E 13)
Rhenium-188m................................        75    1000 (3.7E 13)
Rhenium-188.................................        75    1000 (3.7E 13)
Rhenium-189.................................        75    1000 (3.7E 13)
Rhodium-99m.................................        45     100 (3.7E 12)
Rhodium-99..................................        45      10 (3.7E 11)
Rhodium-100.................................        45      10 (3.7E 11)
Rhodium-101m................................        45     100 (3.7E 12)
Rhodium-101.................................        45      10 (3.7E 11)
Rhodium-102m................................        45      10 (3.7E 11)
Rhodium-102.................................        45      10 (3.7E 11)
Rhodium-103m................................        45    1000 (3.7E 13)
Rhodium-105.................................        45     100 (3.7E 12)
Rhodium-106m................................        45      10 (3.7E 11)
Rhodium-107.................................        45    1000 (3.7E 13)
Rubidium-79.................................        37    1000 (3.7E 13)
Rubidium-81m................................        37    1000 (3.7E 13)
Rubidium-81.................................        37     100 (3.7E 12)
Rubidium-82m................................        37      10 (3.7E 11)
Rubidium-83.................................        37      10 (3.7E 11)
Rubidium-84.................................        37      10 (3.7E 11)
Rubidium-86.................................        37      10 (3.7E 11)
Rubidium-88.................................        37    1000 (3.7E 13)
Rubidium-89.................................        37    1000 (3.7E 13)
Rubidium-87.................................        37      10 (3.7E 11)
Ruthenium-94................................        44    1000 (3.7E 13)
Ruthenium-97................................        44     100 (3.7E 12)
Ruthenium-103...............................        44      10 (3.7E 11)
Ruthenium-105...............................        44     100 (3.7E 12)
Ruthenium-106...............................        44       1 (3.7E 10)
Samarium-141m...............................        62    1000 (3.7E 13)
Samarium-141................................        62    1000 (3.7E 13)
Samarium-142................................        62    1000 (3.7E 13)
Samarium-145................................        62     100 (3.7E 12)
Samarium-146................................        62     0.01 (3.7E 8)
Samarium-147................................        62     0.01 (3.7E 8)
Samarium-151................................        62      10 (3.7E 11)
Samarium-153................................        62     100 (3.7E 12)
Samarium-155................................        62    1000 (3.7E 13)
Samarium-156................................        62     100 (3.7E 12)
Scandium-43.................................        21    1000 (3.7E 13)
Scandium-44m................................        21      10 (3.7E 11)
Scandium-44.................................        21     100 (3.7E 12)
Scandium-46.................................        21      10 (3.7E 11)
Scandium-47.................................        21     100 (3.7E 12)
Scandium-48.................................        21      10 (3.7E 11)
Scandium-49.................................        21    1000 (3.7E 13)
Selenium-70.................................        34    1000 (3.7E 13)
Selenium-73m................................        34     100 (3.7E 12)
Selenium-73.................................        34      10 (3.7E 11)
Selenium-75.................................        34      10 (3.7E 11)
Selenium-79.................................        34      10 (3.7E 11)
Selenium-81m................................        34    1000 (3.7E 13)
Selenium-81.................................        34    1000 (3.7E 13)
Selenium-83.................................        34    1000 (3.7E 13)
Silicon-31..................................        14    1000 (3.7E 13)
Silicon-32..................................        14       1 (3.7E 10)
Silver-102..................................        47     100 (3.7E 12)
Silver-103..................................        47    1000 (3.7E 13)
Silver-104m.................................        47    1000 (3.7E 13)

[[Page 325]]

 
Silver-104..................................        47    1000 (3.7E 13)
Silver-105..................................        47      10 (3.7E 11)
Silver-106m.................................        47      10 (3.7E 11)
Silver-106..................................        47    1000 (3.7E 13)
Silver-108m.................................        47      10 (3.7E 11)
Silver-110m.................................        47      10 (3.7E 11)
Silver-111..................................        47      10 (3.7E 11)
Silver-112..................................        47     100 (3.7E 12)
Silver-115..................................        47    1000 (3.7E 13)
Sodium-22...................................        11      10 (3.7E 11)
Sodium-24...................................        11      10 (3.7E 11)
Strontium-80................................        38     100 (3.7E 12)
Strontium-81................................        38    1000 (3.7E 13)
Strontium-83................................        38     100 (3.7E 12)
Strontium-85m...............................        38    1000 (3.7E 13)
Strontium-85................................        38      10 (3.7E 11)
Strontium-87m...............................        38     100 (3.7E 12)
Strontium-89................................        38      10 (3.7E 11)
Strontium-90................................        38      0.1 (3.7E 9)
Strontium-91................................        38      10 (3.7E 11)
Strontium-92................................        38     100 (3.7E 12)
Sulfur-35...................................        16       1 (3.7E 10)
Tantalum-172................................        73     100 (3.7E 12)
Tantalum-173................................        73     100 (3.7E 12)
Tantalum-174................................        73     100 (3.7E 12)
Tantalum-175................................        73     100 (3.7E 12)
Tantalum-176................................        73      10 (3.7E 11)
Tantalum-177................................        73    1000 (3.7E 13)
Tantalum-178................................        73    1000 (3.7E 13)
Tantalum-179................................        73    1000 (3.7E 13)
Tantalum-180m...............................        73    1000 (3.7E 13)
Tantalum-180................................        73     100 (3.7E 12)
Tantalum-182m...............................        73    1000 (3.7E 13)
Tantalum-182................................        73      10 (3.7E 11)
Tantalum-183................................        73     100 (3.7E 12)
Tantalum-184................................        73      10 (3.7E 11)
Tantalum-185................................        73    1000 (3.7E 13)
Tantalum-186................................        73    1000 (3.7E 13)
Technetium-93m..............................        43    1000 (3.7E 13)
Technetium-93...............................        43     100 (3.7E 12)
Technetium-94m..............................        43     100 (3.7E 12)
Technetium-94...............................        43      10 (3.7E 11)
Technetium-96m..............................        43    1000 (3.7E 13)
Technetium-96...............................        43      10 (3.7E 11)
Technetium-97m..............................        43     100 (3.7E 12)
Technetium-97...............................        43     100 (3.7E 12)
Technetium-98...............................        43      10 (3.7E 11)
Technetium-99m..............................        43     100 (3.7E 12)
Technetium-99...............................        43      10 (3.7E 11)
Technetium-101..............................        43    1000 (3.7E 13)
Technetium-104..............................        43    1000 (3.7E 13)
Tellurium-116...............................        52    1000 (3.7E 13)
Tellurium-121m..............................        52      10 (3.7E 11)
Tellurium-121...............................        52      10 (3.7E 11)
Tellurium-123m..............................        52      10 (3.7E 11)
Tellurium-123...............................        52      10 (3.7E 11)
Tellurium-125m..............................        52      10 (3.7E 11)
Tellurium-127m..............................        52      10 (3.7E 11)
Tellurium-127...............................        52    1000 (3.7E 13)
Tellurium-129m..............................        52      10 (3.7E 11)
Tellurium-129...............................        52    1000 (3.7E 13)
Tellurium-131m..............................        52      10 (3.7E 11)
Tellurium-131...............................        52    1000 (3.7E 13)
Tellurium-132...............................        52      10 (3.7E 11)
Tellurium-133m..............................        52    1000 (3.7E 13)
Tellurium-133...............................        52    1000 (3.7E 13)
Tellurium-134...............................        52    1000 (3.7E 13)
Terbium-147.................................        65     100 (3.7E 12)
Terbium-149.................................        65     100 (3.7E 12)
Terbium-150.................................        65     100 (3.7E 12)
Terbium-151.................................        65      10 (3.7E 11)
Terbium-153.................................        65     100 (3.7E 12)
Terbium-154.................................        65      10 (3.7E 11)
Terbium-155.................................        65     100 (3.7E 12)
Terbium-156m (5.0 hr).......................        65    1000 (3.7E 13)
Terbium-156m (24.4 hr)......................        65    1000 (3.7E 13)
Terbium-156.................................        65      10 (3.7E 11)
Terbium-157.................................        65     100 (3.7E 12)
Terbium-158.................................        65      10 (3.7E 11)
Terbium-160.................................        65      10 (3.7E 11)
Terbium-161.................................        65     100 (3.7E 12)
Thallium-194m...............................        81     100 (3.7E 12)
Thallium-194................................        81    1000 (3.7E 13)
Thallium-195................................        81     100 (3.7E 12)
Thallium-197................................        81     100 (3.7E 12)
Thallium-198m...............................        81     100 (3.7E 12)
Thallium-198................................        81      10 (3.7E 11)
Thallium-199................................        81     100 (3.7E 12)
Thallium-200................................        81      10 (3.7E 11)
Thallium-201................................        81    1000 (3.7E 13)
Thallium-202................................        81      10 (3.7E 11)
Thallium-204................................        81      10 (3.7E 11)
Thorium-226.................................        90     100 (3.7E 12)
Thorium-227.................................        90       1 (3.7E 10)
Thorium-228.................................        90     0.01 (3.7E 8)
Thorium-229.................................        90    0.001 (3.7E 7)
Thorium-230.................................        90     0.01 (3.7E 8)
Thorium-231.................................        90     100 (3.7E 12)
Thorium-232[Phi]............................        90    0.001 (3.7E 7)
Thorium-234.................................        90     100 (3.7E 12)
Thulium-162.................................        69    1000 (3.7E 13)
Thulium-166.................................        69      10 (3.7E 11)
Thulium-167.................................        69     100 (3.7E 12)
Thulium-170.................................        69      10 (3.7E 11)
Thulium-171.................................        69     100 (3.7E 12)
Thulium-172.................................        69     100 (3.7E 12)
Thulium-173.................................        69     100 (3.7E 12)
Thulium-175.................................        69    1000 (3.7E 13)
Tin-110.....................................        50     100 (3.7E 12)
Tin-111.....................................        50    1000 (3.7E 13)
Tin-113.....................................        50      10 (3.7E 11)
Tin-117m....................................        50     100 (3.7E 12)
Tin-119m....................................        50      10 (3.7E 11)
Tin-121m....................................        50      10 (3.7E 11)
Tin-121.....................................        50    1000 (3.7E 13)
Tin-123m....................................        50    1000 (3.7E 13)
Tin-123.....................................        50      10 (3.7E 11)
Tin-125.....................................        50      10 (3.7E 11)
Tin-126.....................................        50       1 (3.7E 10)
Tin-127.....................................        50     100 (3.7E 12)
Tin-128.....................................        50    1000 (3.7E 13)
Titanium-44.................................        22       1 (3.7E 10)
Titanium-45.................................        22    1000 (3.7E 13)
Tungsten-176................................        74    1000 (3.7E 13)
Tungsten-177................................        74     100 (3.7E 12)
Tungsten-178................................        74     100 (3.7E 12)
Tungsten-179................................        74    1000 (3.7E 13)
Tungsten-181................................        74     100 (3.7E 12)
Tungsten-185................................        74      10 (3.7E 11)
Tungsten-187................................        74     100 (3.7E 12)
Tungsten-188................................        74      10 (3.7E 11)
Uranium-230.................................        92       1 (3.7E 10)
Uranium-231.................................        92    1000 (3.7E 13)
Uranium-232.................................        92     0.01 (3.7E 8)
Uranium-233.................................        92      0.1 (3.7E 9)
Uranium-234[phis]...........................        92      0.1 (3.7E 9)
Uranium-235[phis]...........................        92      0.1 (3.7E 9)
Uranium-236.................................        92      0.1 (3.7E 9)
Uranium-237.................................        92     100 (3.7E 12)
Uranium-238[phis]...........................        92     0.1& (3.7E 9)

[[Page 326]]

 
Uranium-239.................................        92    1000 (3.7E 13)
Uranium-240.................................        92    1000 (3.7E 13)
Vanadium-47.................................        23    1000 (3.7E 13)
Vanadium-48.................................        23      10 (3.7E 11)
Vanadium-49.................................        23    1000 (3.7E 13)
Xenon-120...................................        54     100 (3.7E 12)
Xenon-121...................................        54      10 (3.7E 11)
Xenon-122...................................        54     100 (3.7E 12)
Xenon-123...................................        54      10 (3.7E 11)
Xenon-125...................................        54     100 (3.7E 12)
Xenon-127...................................        54     100 (3.7E 12)
Xenon-129m..................................        54    1000 (3.7E 13)
Xenon-131m..................................        54    1000 (3.7E 13)
Xenon-133m..................................        54    1000 (3.7E 13)
Xenon-133...................................        54    1000 (3.7E 13)
Xenon-135m..................................        54      10 (3.7E 11)
Xenon-135...................................        54     100 (3.7E 12)
Xenon-138...................................        54      10 (3.7E 11)
Ytterbium-162...............................        70    1000 (3.7E 13)
Ytterbium-166...............................        70      10 (3.7E 11)
Ytterbium-167...............................        70    1000 (3.7E 13)
Ytterbium-169...............................        70      10 (3.7E 11)
Ytterbium-175...............................        70     100 (3.7E 12)
Ytterbium-177...............................        70    1000 (3.7E 13)
Ytterbium-178...............................        70    1000 (3.7E 13)
Yttrium-86m.................................        39    1000 (3.7E 13)
Yttrium-86..................................        39      10 (3.7E 11)
Yttrium-87..................................        39      10 (3.7E 11)
Yttrium-88..................................        39      10 (3.7E 11)
Yttrium-90m.................................        39     100 (3.7E 12)
Yttrium-90..................................        39      10 (3.7E 11)
Yttrium-91m.................................        39    1000 (3.7E 13)
Yttrium-91..................................        39      10 (3.7E 11)
Yttrium-92..................................        39     100 (3.7E 12)
Yttrium-93..................................        39     100 (3.7E 12)
Yttrium-94..................................        39    1000 (3.7E 13)
Yttrium-95..................................        39    1000 (3.7E 13)
Zinc-62.....................................        30     100 (3.7E 12)
Zinc-63.....................................        30    1000 (3.7E 13)
Zinc-65.....................................        30      10 (3.7E 11)
Zinc-69m....................................        30     100 (3.7E 12)
Zinc-69.....................................        30    1000 (3.7E 13)
Zinc-71m....................................        30     100 (3.7E 12)
Zinc-72.....................................        30     100 (3.7E 12)
Zirconium-86................................        40     100 (3.7E 12)
Zirconium-88................................        40      10 (3.7E 11)
Zirconium-89................................        40     100 (3.7E 12)
Zirconium-93................................        40       1 (3.7E 10)
Zirconium-95................................        40      10 (3.7E 11)
Zirconium-97................................        40      10 (3.7E 11)
------------------------------------------------------------------------
Ci--Curie. The curie represents a rate of radioactive decay. One curie
  is the quantity of any radioactive nuclide which undergoes 3.7E 10
  disintegrations per second.
Bq--Becquerel. The becquerel represents a rate of radioactive decay. One
  becquerel is the quantity of any radioactive nuclide which undergoes
  one disintegration per second. One curie is equal to 3.7E 10
  becquerel.
@--Final RQs for all radionuclides apply to chemical compounds
  containing the radionuclides and elemental forms regardless of the
  diameter of pieces of solid material.
&--The adjusted RQ of one curie applies to all radionuclides not
  otherwise listed. Whenever the RQs in table 302.4 and this appendix to
  the table are in conflict, the lowest RQ shall apply. For example,
  uranyl acetate and uranyl nitrate have adjusted RQs shown in table
  302.4 of 100 pounds, equivalent to about one-tenth the RQ level for
  uranium-238 listed in this appendix.
E--Exponent to the base 10. For example, 1.3E 2 is equal to 130 while
  1.3E 3 is equal to 1300.
m--Signifies a nuclear isomer which is a radionuclide in a higher energy
  metastable state relative to the parent isotope.
[phis]--Notification requirements for releases of mixtures or solutions
  of radionuclides can be found in Sec.  302.6(b) of this rule. Final
  RQs for the following four common radionuclide mixtures are provided:
  radium-226 in secular equilibrium with its daughters (0.053 curie);
  natural uranium (0.1 curie); natural uranium in secular equilibrium
  with its daughters (0.052 curie); and natural thorium in secular
  equilibrium with its daughters (0.011 curie).


[54 FR 33449, Aug. 14, 1989]

    Editorial Note: For Federal Register citations affecting Sec. 
302.4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 302.5  Determination of reportable quantities.

    (a) Listed hazardous substances. The quantity listed in the column 
``Final RQ'' for each substance in table 302.4, or in appendix B to 
table 302.4, is the reportable quantity (RQ) for that substance. The RQs 
in table 302.4 are in units of pounds based on chemical toxicity, while 
the RQs in appendix B to table 302.4 are in units of curies based on 
radiation hazard. Whenever the RQs in table 302.4 and appendix B to the 
table are in conflict, the lowest RQ shall apply.
    (b) Unlisted hazardous substances. Unlisted hazardous substances 
designated by 40 CFR 302.4(b) have the reportable quantity of 100 
pounds, except for those unlisted hazardous wastes which exhibit 
toxicity identified in 40 CFR 261.24. Unlisted hazardous wastes which 
exhibit toxicity have the reportable quantities listed in Table 302.4 
for the contaminant on which the characteristic of toxicity is based. 
The reportable quantity applies to the waste itself, not merely to the 
toxic contaminant. If an unlisted hazardous waste exhibits toxicity on 
the basis of more than one contaminant, the reportable quantity for that 
waste shall be the lowest of the reportable quantities listed in Table 
302.4 for those contaminants. If an unlisted hazardous waste exhibits 
the characteristic of toxicity and one or more of the other 
characteristics referenced in 40 CFR 302.4(b), the reportable quantity 
for that waste shall be the lowest of the applicable reportable 
quantities.

[51 FR 34547, Sept. 29, 1987, as amended at 54 FR 22538, May 24, 1989; 
67 FR 45356, July 9, 2002]

[[Page 327]]



Sec. 302.6  Notification requirements.

    (a) Any person in charge of a vessel or an offshore or an onshore 
facility shall, as soon as he or she has knowledge of any release (other 
than a federally permitted release or application of a pesticide) of a 
hazardous substance from such vessel or facility in a quantity equal to 
or exceeding the reportable quantity determined by this part in any 24-
hour period, immediately notify the National Response Center ((800) 424-
8802; in Washington, DC (202) 426-2675 or (202) 267-2675; the facsimile 
number is (202) 267-2165; and the telex number is 892427).
    (b) Releases of mixtures or solutions (including hazardous waste 
streams) of
    (1) Hazardous substances, except for radionuclides, are subject to 
the following notification requirements:
    (i) If the quantity of all of the hazardous constituent(s) of the 
mixture or solution is known, notification is required where an RQ or 
more of any hazardous constituent is released;
    (ii) If the quantity of one or more of the hazardous constituent(s) 
of the mixture or solution is unknown, notification is required where 
the total amount of the mixture or solution released equals or exceeds 
the RQ for the hazardous constituent with the lowest RQ; or
    (iii) For waste streams K169, K170, K171, K172, K174, and K175, 
knowledge of the quantity of all of the hazardous constituent(s) may be 
assumed, based on the following maximum observed constituent 
concentrations identified by EPA:

------------------------------------------------------------------------
           Waste                     Constituent              max ppm
------------------------------------------------------------------------
K174......................  2,3,7,8-TCDD.................      0.000039
                            1,2,3,7,8-PeCDD..............      0.0000108
                            1,2,3,4,7,8,-HxCDD...........      0.0000241
                            1,2,3,6,7,8,-HxCDD...........      0.000083
                            1,2,3,7,8,9,-HxCDD...........      0.000062
                            1,2,3,4,6,7,8-HpCDD..........      0.00123
                            OCDD.........................      0.0129
                            2,3,7,8-TCDF.................      0.000145
                            1,2,3,7,8-PeCDF..............      0.0000777
                            2,3,4,7,8-PeCDF..............      0.000127
                            1,2,3,4,7,8-HxCDF............      0.001425
                            1,2,3,6,7,8-HxCDF............      0.000281
                            1,2,3,7,8,9-HxCDF............      0.00014
                            2,3,4,6,7,8-HxCDF............      0.000648
                            1,2,3,4,6,7,8-HpCDF..........      0.0207
                            1,2,3,4,7,8,9-HpCDF..........      0.0135
                            OCDF.........................      0.212
K175......................  Mercury......................   9200
------------------------------------------------------------------------

    (2) Radionuclides are subject to this section's notification 
requirements only in the following circumstances:
    (i) If the identity and quantity (in curies) of each radionuclide in 
a released mixture or solution is known, the ratio between the quantity 
released (in curies) and the RQ for the radionuclide must be determined 
for each radionuclide. The only such releases subject to this section's 
notification requirements are those in which the sum of the ratios for 
the radionuclides in the mixture or solution released is equal to or 
greater than one.
    (ii) If the identity of each radionuclide in a released mixture or 
solution is known but the quantity released (in curies) of one or more 
of the radionuclides is unknown, the only such releases subject to this 
section's notification requirements are those in which the total 
quantity (in curies) of the mixture or solution released is equal to or 
greater than the lowest RQ of any individual radionuclide in the mixture 
or solution.
    (iii) If the identity of one or more radionuclides in a released 
mixture or solution is unknown (or if the identity of a radionuclide 
released by itself is unknown), the only such releases subject to this 
section's notification requirements are those in which the total 
quantity (in curies) released is equal to or greater than either one 
curie or the lowest RQ of any known individual radionuclide in the 
mixture or solution, whichever is lower.
    (c) The following categories of releases are exempt from the 
notification requirements of this section:
    (1) Releases of those radionuclides that occur naturally in the soil 
from land holdings such as parks, golf courses, or other large tracts of 
land.
    (2) Releases of naturally occurring radionuclides from land 
disturbance activities, including farming, construction, and land 
disturbance incidental to extraction during mining activities, except 
that which occurs at uranium, phosphate, tin, zircon, hafnium, vanadium, 
monazite, and rare earth mines. Land disturbance incidental to 
extraction includes: land clearing; overburden removal and stockpiling; 
excavating, handling, transporting, and storing ores and other raw (not

[[Page 328]]

beneficiated or processed) materials; and replacing in mined-out areas 
coal ash, earthen materials from farming or construction, or overburden 
or other raw materials generated from the exempted mining activities.
    (3) Releases of radionuclides from the dumping and transportation of 
coal and coal ash (including fly ash, bottom ash, and boiler slags), 
including the dumping and land spreading operations that occur during 
coal ash uses.
    (4) Releases of radionuclides from piles of coal and coal ash, 
including fly ash, bottom ash, and boiler slags.
    (d) Except for releases of radionuclides, notification of the 
release of an RQ of solid particles of antimony, arsenic, beryllium, 
cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or 
zinc is not required if the mean diameter of the particles released is 
larger than 100 micrometers (0.004 inches).

[50 FR 13474, Apr. 4, 1985, as amended at 54 FR 22538, May 24, 1989; 54 
FR 33481, Aug. 14, 1989; 63 FR 13475, Mar. 19, 1998; 63 FR 42189, Aug. 
6, 1998; 64 FR 13114, Mar. 17, 1999; 65 FR 87132, Nov. 8, 2001; 67 FR 
45356, July 9, 2002]



Sec. 302.7  Penalties.

    (a) Any person--
    (1) In charge of a vessel from which a hazardous substance is 
released, other than a federally permitted release, into or upon the 
navigable waters of the United States, adjoining shorelines, or into or 
upon the waters of the contiguous zone,
    (2) In charge of a vessel from which a hazardous substance is 
released, other than a federally permitted release, which may affect 
natural resources belonging to, appertaining to, or under the exclusive 
management authority of the United States (including resources under the 
Fishery Conservation and Management Act of 1976), and who is otherwise 
subject to the jurisdiction of the United States at the time of the 
release, or
    (3) In charge of a facility from which a hazardous substance is 
released, other than a federally permitted release, in a quantity equal 
to or greater than that reportable quantity determined under this part 
who fails to notify immediately the National Response Center as soon as 
he or she has knowledge of such release or who submits in such a 
notification any information which he knows to be false or misleading 
shall be subject to all of the sanctions, including criminal penalties, 
set forth in section 103(b) of the Act.
    (b) Notification received pursuant to this section or information 
obtained by the exploitation of such notification shall not be used 
against any such person in any criminal case, except a prosecution for 
perjury or for giving a false statement.
    (c) This section shall not apply to the application of a pesticide 
product registered under the Federal Insecticide, Fungicide, and 
Rodenticide Act or to the handling and storage of such a pesticide 
product by an agricultural producer.

[50 FR 13474, Apr. 4, 1985, as amended at 67 FR 45356, July 9, 2002]



Sec. 302.8  Continuous releases.

    (a) Except as provided in paragraph (c) of this section, no 
notification is required for any release of a hazardous substance that 
is, pursuant to the definitions in paragraph (b) of this section, 
continuous and stable in quantity and rate.
    (b) Definitions. The following definitions apply to notification of 
continuous releases:
    Continuous. A continuous release is a release that occurs without 
interruption or abatement or that is routine, anticipated, and 
intermittent and incidental to normal operations or treatment processes.
    Normal range. The normal range of a release is all releases (in 
pounds or kilograms) of a hazardous substance reported or occurring over 
any 24-hour period under normal operating conditions during the 
preceding year. Only releases that are both continuous and stable in 
quantity and rate may be included in the normal range.
    Routine. A routine release is a release that occurs during normal 
operating procedures or processes.
    Stable in quantity and rate. A release that is stable in quantity 
and rate is a release that is predictable and regular in amount and rate 
of emission.

[[Page 329]]

    Statistically significant increase. A statistically significant 
increase in a release is an increase in the quantity of the hazardous 
substance released above the upper bound of the reported normal range of 
the release.
    (c) Notification. The following notifications shall be given for any 
release qualifying for reduced reporting under this section:
    (1) Initial telephone notification;
    (2) Initial written notification within 30 days of the initial 
telephone notification;
    (3) Follow-up notification within 30 days of the first anniversary 
date of the initial written notification;
    (4) Notification of a change in the composition or source(s) of the 
release or in the other information submitted in the initial written 
notification of the release under paragraph (c)(2) of this section or 
the follow-up notification under paragraph (c)(3) of this section; and
    (5) Notification at such times as an increase in the quantity of the 
hazardous substance being released during any 24-hour period represents 
a statistically significant increase as defined in paragraph (b) of this 
section.
    (d) Initial telephone notification. Prior to making an initial 
telephone notification of a continuous release, the person in charge of 
a facility or vessel must establish a sound basis for qualifying the 
release for reporting under CERCLA section 103(f)(2) by:
    (1) Using release data, engineering estimates, knowledge of 
operating procedures, or best professional judgment to establish the 
continuity and stability of the release;
    (2) Reporting the release to the National Response Center for a 
period sufficient to establish the continuity and stability of the 
release; or
    (3) When a person in charge of the facility or vessel believes that 
a basis has been established to qualify the release for reduced 
reporting under this section, initial notification to the National 
Response Center shall be made by telephone. The person in charge must 
identify the notification as an initial continuous release notification 
report and provide the following information:
    (i) The name and location of the facility or vessel; and
    (ii) The name(s) and identity(ies) of the hazardous substance(s) 
being released.
    (e) Initial written notification. Initial written notification of a 
continuous release shall be made to the appropriate EPA Regional Office 
for the geographical area where the releasing facility or vessel is 
located. (Note: In addition to the requirements of this part, releases 
of CERCLA hazardous substances are also subject to the provisions of 
SARA title III section 304, and EPA's implementing regulations codified 
at 40 CFR part 355, which require initial telephone and written 
notifications of continuous releases to be submitted to the appropriate 
State emergency response commission and local emergency planning 
committee.)
    (1) Initial written notification to the appropriate EPA Regional 
Office shall occur within 30 days of the initial telephone notification 
to the National Response Center, and shall include, for each release for 
which reduced reporting as a continuous release is claimed, the 
following information:
    (i) The name of the facility or vessel; the location, including the 
latitude and longitude; the case number assigned by the National 
Response Center or the Environmental Protection Agency; the Dun and 
Bradstreet number of the facility, if available; the port of 
registration of the vessel; the name and telephone number of the person 
in charge of the facility or vessel.
    (ii) The population density within a one-mile radius of the facility 
or vessel, described in terms of the following ranges: 0-50 persons, 51-
100 persons, 101-500 persons, 501-1,000 persons, more than 1,000 
persons.
    (iii) The identity and location of sensitive populations and 
ecosystems within a one-mile radius of the facility or vessel (e.g., 
elementary schools, hospitals, retirement communities, or wetlands).
    (iv) For each hazardous substance release claimed to qualify for 
reporting under CERCLA section 103(f)(2), the following information must 
be supplied:
    (A) The name/identity of the hazardous substance; the Chemical 
Abstracts Service Registry Number for

[[Page 330]]

the substance (if available); and if the substance being released is a 
mixture, the components of the mixture and their approximate 
concentrations and quantities, by weight.
    (B) The upper and lower bounds of the normal range of the release 
(in pounds or kilograms) over the previous year.
    (C) The source(s) of the release (e.g., valves, pump seals, storage 
tank vents, stacks). If the release is from a stack, the stack height 
(in feet or meters).
    (D) The frequency of the release and the fraction of the release 
from each release source and the specific period over which it occurs.
    (E) A brief statement describing the basis for stating that the 
release is continuous and stable in quantity and rate.
    (F) An estimate of the total annual amount that was released in the 
previous year (in pounds or kilograms).
    (G) The environmental medium(a) affected by the release:
    (1) If surface water, the name of the surface water body;
    (2) If a stream, the stream order or average flowrate (in cubic 
feet/second) and designated use;
    (3) If a lake, the surface area (in acres) and average depth (in 
feet or meters);
    (4) If on or under ground, the location of public water supply wells 
within two miles.
    (H) A signed statement that the hazardous substance release(s) 
described is(are) continuous and stable in quantity and rate under the 
definitions in paragraph (b) of this section and that all reported 
information is accurate and current to the best knowledge of the person 
in charge.
    (f) Follow-up notification. Within 30 days of the first anniversary 
date of the initial written notification, the person in charge of the 
facility or vessel shall evaluate each hazardous substance release 
reported to verify and update the information submitted in the initial 
written notification. The follow-up notification shall include the 
following information:
    (1) The name of the facility or vessel; the location, including the 
latitude and longitude; the case number assigned by the National 
Response Center or the Environmental Protection Agency; the Dun and 
Bradstreet number of the facility, if available; the port of 
registration of the vessel; the name and telephone number of the person 
in charge of the facility or vessel.
    (2) The population density within a one-mile radius of the facility 
or vessel, described in terms of the following ranges: 0-50 persons, 51-
100 persons, 101-500 persons, 501-1,000 persons, more than 1,000 
persons.
    (3) The identity and location of sensitive populations and 
ecosystems within a one-mile radius of the facility or vessel (e.g., 
elementary schools, hospitals, retirement communities, or wetlands).
    (4) For each hazardous substance release claimed to qualify for 
reporting under CERCLA section 103(f)(2), the following information 
shall be supplied:
    (i) The name/identity of the hazardous substance; the Chemical 
Abstracts Service Registry Number for the substance (if available); and 
if the substance being released is a mixture, the components of the 
mixture and their approximate concentrations and quantities, by weight.
    (ii) The upper and lower bounds of the normal range of the release 
(in pounds or kilograms) over the previous year.
    (iii) The source(s) of the release (e.g., valves, pump seals, 
storage tank vents, stacks). If the release is from a stack, the stack 
height (in feet or meters).
    (iv) The frequency of the release and the fraction of the release 
from each release source and the specific period over which it occurs.
    (v) A brief statement describing the basis for stating that the 
release is continuous and stable in quantity and rate.
    (vi) An estimate of the total annual amount that was released in the 
previous year (in pounds or kilograms).
    (vii) The environmental medium(a) affected by the release:
    (A) If surface water, the name of the surface water body;
    (B) If a stream, the stream order or average flowrate (in cubic 
feet/second) and designated use;
    (C) If a lake, the surface area (in acres) and average depth (in 
feet or meters);

[[Page 331]]

    (D) If on or under ground, the location of public water supply wells 
within two miles.
    (viii) A signed statement that the hazardous substance release(s) 
is(are) continuous and stable in quantity and rate under the definitions 
in paragraph (b) of this section and that all reported information is 
accurate and current to the best knowledge of the person in charge.
    (g) Notification of changes in the release. If there is a change in 
the release, notification of the change, not otherwise reported, shall 
be provided in the following manner:
    (1) Change in source or composition. If there is any change in the 
composition or source(s) of the release, the release is a new release 
and must be qualified for reporting under this section by the submission 
of initial telephone notification and initial written notification in 
accordance with paragraphs (c) (1) and (2) of this section as soon as 
there is a sufficient basis for asserting that the release is continuous 
and stable in quantity and rate;
    (2) Change in the normal range. If there is a change in the release 
such that the quantity of the release exceeds the upper bound of the 
reported normal range, the release must be reported as a statistically 
significant increase in the release. If a change will result in a number 
of releases that exceed the upper bound of the normal range, the person 
in charge of a facility or vessel may modify the normal range by:
    (i) Reporting at least one statistically significant increase report 
as required under paragraph (c)(7) of this section and, at the same 
time, informing the National Response Center of the change in the normal 
range; and
    (ii) Submitting, within 30 days of the telephone notification, 
written notification to the appropriate EPA Regional Office describing 
the new normal range, the reason for the change, and the basis for 
stating that the release in the increased amount is continuous and 
stable in quantity and rate under the definitions in paragraph (b) of 
this section.
    (3) Changes in other reported information. If there is a change in 
any information submitted in the initial written notification or the 
followup notification other than a change in the source, composition, or 
quantity of the release, the person in charge of the facility or vessel 
shall provide written notification of the change to the EPA Region for 
the geographical area where the facility or vessel is located, within 30 
days of determining that the information submitted previously is no 
longer valid. Notification shall include the reason for the change, and 
the basis for stating that the release is continuous and stable under 
the changed conditions.
    (4) Notification of changes shall include the case number assigned 
by the National Response Center or the Environmental Protection Agency 
and also the signed certification statement required at (c)(2)(xi) of 
this section.
    (h) Notification of a statistically significant increase in a 
release. Notification of a statistically significant increase in a 
release shall be made to the National Response Center as soon as the 
person in charge of the facility or vessel has knowledge of the 
increase. The release must be identified as a statistically significant 
increase in a continuous release. A determination of whether an increase 
is a ``statistically significant increase'' shall be made based upon 
calculations or estimation procedures that will identify releases that 
exceed the upper bound of the reported normal range.
    (i) Annual evaluation of releases. Each hazardous substance release 
shall be evaluated annually to determine if changes have occurred in the 
information submitted in the initial written notification, the followup 
notification, and/or in a previous change notification.
    (j) Use of the SARA Title III section 313 form. In lieu of an 
initial written report or a followup report, owners or operators of 
facilities subject to the requirements of SARA title III section 313 may 
submit to the appropriate EPA Regional Office for the geographical area 
where the facility is located, a copy of the Toxic Release Inventory 
form submitted under SARA Title III section 313 the previous July 1, 
provided that the following information is added:

[[Page 332]]

    (1) The population density within a one-mile radius of the facility 
or vessel, described in terms of the following ranges: 0-50 persons, 51-
100 persons, 101-500 persons, 501-1,000 persons, more than 1,000 
persons.
    (2) The identity and location of sensitive populations and 
ecosystems within a one-mile radius of the facility or vessel (e.g., 
elementary schools, hospitals, retirement communities, or wetlands).
    (3) For each hazardous substance release claimed to qualify for 
reporting under CERCLA section 103(f)(2), the following information must 
be supplied:
    (i) The upper and lower bounds of the normal range of the release 
(in pounds or kilograms) over the previous year.
    (ii) The frequency of the release and the fraction of the release 
from each release source and the specific period over which it occurs.
    (iii) A brief statement describing the basis for stating that the 
release is continuous and stable in quantity and rate.
    (iv) A signed statement that the hazardous substance release(s) 
is(are) continuous and stable in quantity and rate under the definitions 
in paragraph (b) of this section and that all reported information is 
accurate and current to the best knowledge of the person in charge.
    (k) Documentation supporting notification. Where necessary to 
satisfy the requirements of this section, the person in charge may rely 
on recent release data, engineering estimates, the operating history of 
the facility or vessel, or other relevant information to support 
notification. All supporting documents, materials, and other information 
shall be kept on file at the facility, or in the case of a vessel, at an 
office within the United States in either a port of call, a place of 
regular berthing, or the headquarters of the business operating the 
vessel. Supporting materials shall be kept on file for a period of one 
year and shall substantiate the reported normal range of releases, the 
basis for stating that the release is continuous and stable in quantity 
and rate, and the other information in the initial written report, the 
followup report, and the annual evaluations required under paragraphs 
(e), (f), and (i), respectively. Such information shall be made 
available to EPA upon request as necessary to enforce the requirements 
of this section.
    (l) Multiple concurrent releases. Multiple concurrent releases of 
the same substance occurring at various locations with respect to 
contiguous plants or installations upon contiguous grounds that are 
under common ownership or control may be considsred separately or added 
together in determining whether such releases constitute a continuous 
release or a statistically significant increase under the definitions in 
paragraph (b) of this section; whichever approach is elected for 
purposes of determining whether a release is continuous also must be 
used to determine a statistically significant increase in the release.
    (m) Penalties for failure to comply. The reduced reporting 
requirements provided for under this section shall apply only so long as 
the person in charge complies fully with all requirements of paragraph 
(c) of this section. Failure to comply with respect to any release from 
the facility or vessel shall subject the person in charge to all of the 
reporting requirements of Sec. 302.6 for each such release, to the 
penalties under Sec. 302.7, and to any other applicable penalties 
provided for by law.

[55 FR 30185, July 24, 1990, as amended at 67 FR 45357, July 9, 2002]



PART 303_CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER 
SUPERFUND--Table of Contents




                            Subpart A_General

Sec.
303.10 Purpose.
303.11 Definitions.
303.12 Criminal violations covered by this award authority.

  Subpart B_Eligibility To File a Claim for Award and Determination of 
                     Eligibility and Amount of Award

303.20 Eligibility to file a claim for award.
303.21 Determination of eligibility and amount of award.

                 Subpart C_Criteria for Payment of Award

303.30 Criteria for payment of award.

[[Page 333]]

303.31 Assurance of claimant confidentiality.
303.32 Pre-payment offers.
303.33 Filing a claim.

    Authority: 42 U.S.C. 9609(d), Executive Order No. 12580.

    Source: 54 FR 26143, June 21, 1989, unless otherwise noted.



                            Subpart A_General



Sec. 303.10  Purpose.

    This regulation implements the ``citizen award'' authority granted 
by Congress to the President in the 1986 Amendments to the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 
section 109(d). As authorized in the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) section 109(c) and Executive Order 
No. 12580 (issued by the President on January 23, 1987), the 
Environmental Protection Agency is empowered to pay up to $10,000.00 
from the Superfund to any individual who provides information leading to 
the arrest and conviction of any person for a violation subject to a 
criminal penalty under CERCLA as amended.



Sec. 303.11  Definitions.

    (a) Arrest. Restraint of an arrestee's liberty or the equivalent 
through the service of judicial process compelling such a person to 
respond to a criminal accusation.
    (b) Conviction. A judgment of guilt entered in U.S. District Court, 
upon a verdict rendered by the court or petit jury or by a plea of 
guilty, including a plea of nolo contendere.
    (c) Individual. A natural person, not a corporation or other legal 
entity nor an association of persons.



Sec. 303.12  Criminal violations covered by this award authority.

    (a) Failure to Give Required Notice of a Release of a Reportable 
Quantity of a Hazardous Substance, 42 U.S.C. 9603(a);
    (b) Destruction or Concealment of Records Required under CERCLA to 
have been Retained, 42 U.S.C. 9603(d).



  Subpart B_Eligibility To File a Claim for Award and Determination of 
                     Eligibility and Amount of Award



Sec. 303.20  Eligibility to file a claim for award.

    (a) Any individual, except law enforcement officers and persons 
convicted in the case giving rise to the award claim and any persons 
identified in Sec. 303.20(b) shall be eligible to file a claim for an 
award as provided for in Sec. 303.33 of this subpart.
    (b) No person who was an employee of or contractor for the United 
States Environmental Protection Agency at the time he or she came into 
possession of the information disclosed to other Agency officials (or is 
so employed at the time of disclosure), which information constitutes in 
whole or part the basis for an award claim, shall be eligible to file a 
claim for an award.
    (c) To be eligible for an award, the informant must disclose the 
identity of person(s) [or other pertinent information that leads to the 
expeditious disclosure of the identity of said person(s)] criminally 
culpable for the violations set forth in Sec. 303.12 of subpart A. 
Disclosure of such pertinent information must be made to an employee, 
agent or representative of the United States Environmental Protection 
Agency.



Sec. 303.21  Determination of eligibility and amount of award.

    The Agency's determinations as to eligibility and award amount shall 
constitute final Agency action as to either amount or eligibility. These 
determinations, consistent with the need to preserve from disclosure the 
identity of confidential informants (as noted in Sec. 303.31) as well 
as to preserve from disclosure methods of Agency investigation, shall 
not be subject to administrative challenge by any person not making a 
claim to that award.
    Note: It is the Environmental Protection Agency's view that such 
determinations also would not be subject to judicial challenge by such 
person.

[[Page 334]]



                 Subpart C_Criteria for Payment of Award



Sec. 303.30  Criteria for payment of award.

    Upon the filing of an eligible claim in accordance with the 
procedures as set forth in Sec. 303.33, the Agency's Assistant 
Administrator for Enforcement and Compliance Monitoring, or his Deputy 
for Criminal Enforcement, in making the decision to grant an award, and 
if so, in what amount, shall consider all relevant criteria, giving such 
weight and importance to each separate criterion as appears warranted in 
his judgment alone. Relevant criteria include one or more of the 
following:
    (a) Whether the claimant's information constituted the initial, 
unsolicited notice to the Government of the violation;
    (b) Whether the Government would readily have obtained knowledge of 
the violation in a timely manner absent claimant's information;
    (c) Importance of the case, egregiousness of the violation, 
potential for or existence of environmental harm;
    (d) Concealment of a person criminally culpable or existence of an 
organized criminal conspiracy to conceal the offense(s) committed by the 
named defendant(s);
    (e) Willingness of the claimant to assist the Government's 
prosecution of the offense(s), which assistance includes providing 
further information and grand jury testimony, participating in trial 
preparation, and trial testimony if consistent with the limits on 
claimant identity disclosure as set forth in Sec. 303.31.
    (f) Value of the claimant's assistance in comparison to that given 
by all other sources of information and evidence which led to arrest and 
conviction.



Sec. 303.31  Assurance of claimant confidentiality.

    No person, except as authorized by the Agency's Office of 
Enforcement and Compliance Monitoring to have this knowledge, shall be 
given access to the identity of, or information that would lead to the 
identity of, a claimant who has requested anonymity prior to disclosing 
information to the Agency.



Sec. 303.32  Pre-payment offers.

    Prior to the actual payment of an award, no employee of the United 
States Government, including any person purporting to act on behalf of 
the United States Environmental Protection Agency, is authorized by 
these regulations to make any promise, offer, or representation with 
respect to the Agency's grant of an award in exchange for information.



Sec. 303.33  Filing a claim.

    (a) Any individual seeking an award under this regulation is 
required to file a claim for such an award with the Deputy Assistant 
Administrator for Criminal Enforcement not later than 45 days after the 
conviction of the person(s) involved in the prosecution in which the 
information was provided.
    (b) The claim submission must provide, at a minimum, a summary of 
the information provided, the date the information was provided, and the 
name and title of the person to whom the information was provided.
    (c) All claim submissions must be submitted to the Office of 
Criminal Enforcement Counsel (LE-134X), United States Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW,Washington, DC 20460. The 
claim envelope should also specify whether the information was submitted 
under a request for anonymity and whether such request is still in 
effect. All such externally identified claims shall be handled in 
accordance with the Agency procedures for maintaining informant 
confidentiality, as referenced in Sec. 303.31 of this subpart.



PART 304_ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY 
CLAIMS--Table of Contents




                            Subpart A_General

Sec.
304.10 Purpose.
304.11 Scope and applicability.
304.12 Definitions.

     Subpart B_Jurisdiction of Arbitrator, Referral of Claims, and 
                        Appointment of Arbitrator

304.20 Jurisdiction of Arbitrator.
304.21 Referral of claims.

[[Page 335]]

304.22 Appointment of Arbitrator.
304.23 Disclosure and challenge procedures.
304.24 Intervention and withdrawal.
304.25 Ex parte communication.

                Subpart C_Hearings Before the Arbitrator

304.30 Filing of pleadings.
304.31 Pre-hearing conference.
304.32 Arbitral hearing.
304.33 Arbitral decision and public comment.

                       Subpart D_Other Provisions

304.40 Effect and enforcement of final decision.
304.41 Administrative fees, expenses, and Arbitrator's fee.
304.42 Miscellaneous provisions.

    Authority: 42 U.S.C. 9607(a) and 9622(h)(2), Executive Order No. 
12580, 52 FR 2923 (January 29, 1987).

    Source: 54 FR 23179, May 30, 1989, unless otherwise noted.



                            Subpart A_General



Sec. 304.10  Purpose.

    This regulation establishes and governs procedures for the 
arbitration of EPA cost recovery claims arising under section 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, 42 U.S.C. 9607(a), as amended by the Superfund Amendments 
and Reauthorization Act of 1986, Pub. L. 99-499, 100 Stat. 1613 (1986) 
(``CERCLA''), pursuant to the authority granted EPA by section 122(h)(2) 
of CERCLA, 42 U.S.C. 9622(h)(2), and Executive Order No. 12580, 52 FR 
2923 (January 29, 1987).



Sec. 304.11  Scope and applicability.

    The procedures established by this regulation govern the arbitration 
of EPA claims for recovery, under section 107(a) of CERCLA, 42 U.S.C. 
9607(a), of response costs incurred at or in connection with a facility 
by the United States pursuant to section 104 of CERCLA, 42 U.S.C. 9604. 
The procedures are applicable when:
    (a) The total past and projected response costs for the facility 
concerned do not exceed $500,000, excluding interest; and
    (b) The Administrator and one or more PRPs have submitted a joint 
request for arbitration pursuant to Sec. 304.21 of this part.



Sec. 304.12  Definitions.

    Terms not defined in this section have the meaning given by section 
101 of CERCLA, 42 U.S.C. 9601, or the National Oil and Hazardous 
Substances Pollution Contingency Plan, 40 CFR part 300. All time 
deadlines in this part are specified in calendar days and shall be 
computed in the manner described in Rule 6(a) of the Federal Rules of 
Civil Procedure.
    Except when otherwise specified, the following terms are defined for 
purposes of this part as follows:
    (a) CERCLA means the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as 
amended by the Superfund Amendments and Reauthorization Act of 1986, 
Pub. L. 99-499, 100 Stat. 1613 (1986).
    (b) Administrator means the EPA Administrator or his designee.
    (c) Arbitrator means the person appointed in accordance with Sec. 
304.22 of this part and governed by the provisions of this part.
    (d) Association means the organization offering arbitration services 
selected by EPA to conduct arbitrations pursuant to this part.
    (e) Claim means the amount sought by EPA as recovery of response 
costs incurred and to be incurred by the United States at a facility, 
which does not exceed $500,000, excluding interest.
    (f) Ex parte communication means any communication, written or oral, 
relating to the merits of the arbitral proceeding, between the 
Arbitrator and any interested person, which was not originally filed or 
stated in the administrative record of the proceeding. Such 
communication is not ex parte communication if all parties to the 
proceeding have received prior written notice of the proposed 
communication and have been given the opportunity to be present and to 
participate therein.
    (g) Interested person means the Administrator, any EPA employee, any 
party to the proceeding, any potentially responsible party associated 
with the facility concerned, any person who filed written comments in 
the proceeding, any participant or intervenor

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in the proceeding, all officers, directors, employees, consultants, and 
agents of any party, and any attorney of record for any of the foregoing 
persons.
    (h) National Contingency Plan or NCP means the National Oil and 
Hazardous Substances Pollution Contingency Plan, developed under section 
311(c)(2) of the Federal Water Pollution Control Act, 33 U.S.C. 1251, et 
seq., as amended, revised periodically pursuant to section 105 of 
CERCLA, 42 U.S.C. 9605, and published at 40 CFR part 300.
    (i) National Panel of Environmental Arbitrators or Panel means a 
panel of environmental arbitrators selected and maintained by the 
Association to arbitrate cost recovery claims under this part.
    (j) Participating PRP is any potentially responsible party who has 
agreed, pursuant to Sec. 304.21 of this part, to submit one or more 
issues arising in an EPA claim for resolution pursuant to the procedures 
established by this part.
    (k) Party means EPA and any person who has agreed, pursuant to Sec. 
304.21 of this part, to submit one or more issues arising in an EPA 
claim for resolution pursuant to the procedures established by this 
part, and any person who has been granted leave to intervene pursuant to 
Sec. 304.24(a) of this part.
    (l) Persons means an individual, firm, corporation, association, 
partnership, consortium, joint venture, commercial entity, United States 
Government, State, municipality, commission, political subdivision of a 
State, or any interstate body.
    (m) Potentially responsible party or PRP means any person who may be 
liable pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), for 
response costs incurred and to be incurred by the United States not 
inconsistent with NCP.
    (n) Response action means remove, removal, remedy and remedial 
action, as those terms are defined by section 101 of CERCLA, 42 U.S.C. 
9601, including enforcement activities related thereto.
    (o) Response costs means all costs of removal or remedial action 
incurred and to be incurred by the United States at a facility pursuant 
to section 104 of CERCLA, 42 U.S.C. 9604, including, but not limited to, 
all costs of investigation and information gathering, planning and 
implementing a response action, administration, enforcement, litigation, 
interest and indirect costs.



     Subpart B_Jurisdiction of Arbitrator, Referral of Claims, and 
                        Appointment of Arbitrator



Sec. 304.20  Jurisdiction of Arbitrator.

    (a) In accordance with the procedures established by this part, the 
Arbitrator is authorized to arbitrate one or more issues arising in an 
EPA claim when:
    (1) The total past and projected response costs for the facility 
concerned do not exceed $500,000, excluding interest; and
    (2) The Administrator and one or more PRPs have submitted a joint 
request for arbitration pursuant to Sec. 304.21 of this part.
    (b)(1) If the total past and projected response costs for the 
facility concerned increase to a dollar amount in excess of $500,000, 
excluding interest, prior to the rendering of the final decision 
pursuant to Sec. 304.33 of this part, the parties may mutually agree to 
continue the proceeding as non-binding arbitration pursuant to the 
procedures established by this part, except that Sec. Sec. 304.33(e) 
and 304.40 of this part shall not apply.
    (2) If all of the parties agree to continue the proceeding as non-
binding arbitration, the proposed decision rendered by the Arbitrator 
pursuant to Sec. 304.33 of this part shall not be binding upon the 
parties, unless all of the parties agree to adopt the proposed decision 
as an administrative settlement pursuant to section 122(h)(1) of CERCLA, 
42 U.S.C. 9622(h)(1). Any administrative settlement agreed upon in this 
manner shall be subject to the prior written approval of the Attorney 
General (or his designee) pursuant to section 122(h)(1) of CERCLA and 
shall be subject to public comment pursuant to section 122(i) of CERCLA, 
42 U.S.C. 9622(i).
    (3) If the parties do not agree to continue the proceeding as non-
binding arbitration, or if the administrative settlement agreed upon is 
not approved by the Attorney General (or his designee),

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or if EPA withdraws or withholds consent from the administrative 
settlement as a result of public comment, EPA shall withdraw from the 
proceeding and the Association shall assess or refund, as appropriate, 
any administrative fees, expenses, or Arbitrator's fees.
    (c) The Arbitrator's authority, as defined by paragraphs (d) and (e) 
of this section, to determine issues arising in EPA's claim is limited 
only to the issues submitted for resolution by the parties in the joint 
request for arbitration pursuant to Sec. 304.21 of this part. Any 
issues arising in EPA's claim that are not submitted for resolution 
shall be deemed to be not in dispute and shall not be raised in any 
action seeking enforcement of the decision for the purpose of 
overturning or otherwise challenging the final decision, except as 
provided in Sec. 304.40(c) of this part.
    (d)(1) If the issue of liability of any participating PRP has been 
submitted for resolution, the Arbitrator shall determine whether the 
participating PRP is liable pursuant to section 107(a) of CERCLA, 42 
U.S.C. 9607(a), subject only to the defenses specifically enumerated in 
section 107(b) of CERCLA, 42 U.S.C. 9607(b).
    (2) If the issue of the dollar amount of response costs recoverable 
by EPA has been submitted for resolution, the Arbitrator shall 
determine, pursuant to paragraph (e) of this section, the dollar amount 
of response costs recoverable by EPA pursuant to section 107(a) of 
CERCLA, 42 U.S.C. 9607(a), and shall award the total amount of such 
costs to EPA.
    (3) Unless the Arbitrator finds that the actual or threatened harm 
at the facility is divisible, any participating PRP whom the Arbitrator 
determines to be liable shall be jointly and severally liable for the 
total amount of response costs awarded to EPA. If the Arbitrator finds 
that the actual or threatened harm is divisible, the Arbitrator shall 
allocate liability for payment of EPA's award among the participating 
PRPs based on the portion of the actual or threatened harm attributable 
to each participating PRP.
    (4) Notwithstanding the indivisibility of the actual or threatened 
harm, and without waiving the general applicability of the joint and 
several liability standard, as an alternative to paragraph (d)(3) of 
this section, the parties may request the Arbitrator to allocate 
responsibility for payment of response costs awarded to EPA among the 
participating PRPs whom the Arbitrator determines to be liable. Any such 
request shall be made in the joint request for arbitration pursuant to 
Sec. 304.21 of this part. If such a request is made, the provisions of 
paragraphs (d)(4)(i), (d)(4)(ii), and (d)(4)(iii) of this section shall 
apply.
    (i) The joint request for arbitration may specify the factors to be 
applied by the arbitrator when allocating among the participating PRPs 
responsibility for payment of the response costs awarded to EPA. If the 
joint request does not specify such factors, the Arbitrator shall base 
the allocation on such factors as the arbitrator considers relevant, in 
his or her sole discretion, such as volume, toxicity, and mobility of 
the hazardous substances contributed to the facility by each 
participating PRP, ability to pay, and inequities and aggravating 
factors.
    (ii) The joint request for arbitration may specify that the 
Arbitrator may allocate among the participating PRPs less than all 
response costs awarded to EPA. If this is not specified, the Arbitrator 
shall allocate among the participating PRPs 100% of the response costs 
awarded to EPA.
    (iii) The burden of establishing the appropriate allocation of 
responsibility for payment of the response costs awarded to EPA shall 
rest entirely with the participating PRPs.
    (5) The parties may request that the Arbitrator perform an 
allocation even if the issue of the liability of the participating PRPs 
is not submitted for resolution in the joint request for arbitration. 
Such a request for allocation shall be made in the joint request for 
arbitration pursuant to Sec. 304.21 of this part. If such a request is 
made, the provisions of paragraphs (d)(4)(i), (d)(4)(ii), and 
(d)(4)(iii) of this section shall apply.
    (e)(1) If any issue concerning the adequacy of EPA's response action 
has been submitted for resolution or arises during the Arbitrator's 
determination of the dollar amount of response costs

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recoverable by EPA, the Arbitrator shall uphold EPA's selection of the 
response action, unless any participating PRP can establish that the 
selection was inconsistent with the NCP. The Arbitrator's review of the 
adequacy of any response action taken by EPA shall be based upon the 
documents which formed the basis for the selection of the response 
action.
    (2) If the Arbitrator upholds EPA's selection of the response action 
in full, the Arbitrator shall award EPA all response costs incurred and 
to be incurred in connection with the response action, unless any 
participating PRP can establish that all or part of such costs were:
    (i) Not actually incurred or to be incurred; or
    (ii) Not actually incurred or to be incurred in connection with the 
response action; or
    (iii) Clearly excessive, taking into account the circumstances of 
the response action and relative to acceptable government procurement 
and contracting practices in light of the circumstances of the response 
action.
    (3) If the Arbitrator upholds EPA's selection of the response action 
only in part, the Arbitrator shall award EPA only those response costs 
incurred and to be incurred in connection with the portions of the 
response action that were upheld, unless any participating PRP can 
establish that all or part of such response costs were:
    (i) Not actually incurred or to be incurred; or
    (ii) Not actually incurred or to be incurred in connection with the 
portions of the response action that were upheld; or
    (iii) Clearly excessive, taking into account the circumstances of 
the response action and relative to acceptable government procurement 
and contracting practices in light of the circumstances of the response 
action.
    (4) The standard of review to be applied by the Arbitrator under 
paragraphs (e)(1), (e)(2), and (e)(3) of this section is arbitrary and 
capricious or otherwise not in accordance with law.
    (5) In reviewing any procedural errors alleged by any party, the 
Arbitrator may disallow response costs only if the errors were so 
serious and related to matters of such central relevance that the 
response action would have been significantly changed had such errors 
not been made.



Sec. 304.21  Referral of claims.

    (a) If EPA believes that a claim is an appropriate candidate for 
arbitration, EPA will notify all identified PRPs for the facility 
concerned and provide such PRPs with an opportunity to discuss referral 
of one or more issues arising in the claim for resolution pursuant to 
the procedures established by this part. Alternatively, one or more PRPs 
at a facility may propose to EPA use of arbitration, after receipt of a 
demand by EPA for payment of a claim, but prior to commencement of civil 
litigation of the claim. Where practicable, before an agreement to refer 
a claim for arbitration is made final under this alternative, either the 
PRPs or EPA shall notify the other PRPs at the facility of the potential 
use of arbitration.
    (b)(1) The Administrator and one or more PRPs associated with a 
facility may submit to the Association a joint request for arbitration 
of one or more issues arising in an EPA claim concerning the facility. 
The joint request shall be signed by all of the parties and shall 
include:
    (i) A brief description of the facility, the EPA response action 
taken at the facility, the EPA claim, and the parties;
    (ii) A statement of the issues arising in the claim that are being 
submitted by the parties for resolution by arbitration;
    (iii) A statement that the parties consent to resolution of the 
issues jointly submitted pursuant to the procedures established by this 
part by an Arbitrator appointed pursuant to Sec. 304.22 of this part;
    (iv) A statement that the parties agree to be bound by the final 
decision on all issues jointly submitted by the parties for resolution 
and to pay any award made in the final decision, subject to the right to 
challenge the final decision solely on the grounds and in the manner 
prescribed by Sec. 304.40(c) of this part;
    (v) A statement that the parties agree that the award made in the 
final

[[Page 339]]

decision may be enforced pursuant to Sec. 304.40(c) of this part;
    (vi) A statement that the parties agree that the final decision 
shall be binding only with respect to the response costs at issue in the 
claim submitted for arbitration;
    (vii) A statement that the parties agree that the statute of 
limitations governing the EPA claim submitted shall be extended for a 
time period equal to the number of days from the date the joint request 
for arbitration is submitted to the Association to the date of 
resolution of any enforcement action relating to the final decision; and
    (viii) A statement that each signatory to the joint request is 
authorized to enter into the arbitration and to bind legally the party 
represented by him or her to the terms of the joint request.
    (2) The joint request shall also include the name, address and 
telephone number of each party, and, if a party is represented by an 
attorney, the attorney's name, address and telephone number. A party 
changing any of this information must promptly communicate the change in 
writing to the Association and all other parties. A party who fails to 
furnish such information or any changes thereto is deemed to have waived 
his or her right to notice and service under this part until such time 
as the party furnishes the missing information.
    (c) Any party may move to modify the joint request for arbitration 
to include one or more additional issues arising in the referred claim. 
To be effective, any such modification must be signed by the Arbitrator 
and all other parties. The joint request for arbitration may also be 
modified to add one or more additional parties, if such intervention is 
permitted by Sec. 304.24(a) of this part. To be effective, any such 
modification must be signed by the Arbitrator, the intervening party or 
parties, and all other parties.
    (d) The statute of limitations governing the EPA claim submitted for 
arbitration shall be extended for a time period equal to the number of 
days from the date the joint request for arbitration is submitted to the 
Association to the date of resolution of any enforcement action relating 
to the final decision.
    (e) Prior to the selection of the Association, the Administrator and 
one or more PRPs associated with a facility may agree to submit one or 
more issues arising in an EPA claim for resolution by arbitration. Any 
such agreement shall be contained in a joint request for arbitration 
which meets all requirements of paragraph (b) of this section. In any 
such arbitration, the arbitrator shall be selected pursuant to Sec. 
304.22(e) of this part, and payment of all costs associated with the 
arbitration shall be made pursuant to Sec. 304.41(e) of this part. 
Arbitrations agreed upon pursuant to this paragraph shall be governed by 
the procedures established by this part, except for those procedures 
which pertain specifically to the duties of the Association. All duties 
of the Association shall be performed in a manner agreed upon by all of 
the parties.



Sec. 304.22  Appointment of Arbitrator.

    (a) The Association shall establish and maintain a National Panel of 
Environmental Arbitrators.
    (b) Within ten days of the filing of the joint request for 
arbitration, the Association shall identify and submit simultaneously to 
all parties an indentical list of ten persons chosen from the National 
Panel of Environmental Arbitrators, whom the Association believes will 
not be subject to disqualification because of circumstances likely to 
affect impartiality pursuant to Sec. 304.23 of this part. Each party 
shall have ten days from the date of receipt of the list to identify any 
persons objected to, to rank the remaining persons in the order of 
preference, and to return the list to the Association. If a party does 
not return the list within the time specified, all persons on the list 
are deemed acceptable to that party. From among the persons whom the 
parties have indicated as acceptable, and, in accordance with the 
designated order of mutual preference, if any, the Association shall 
invite an Arbitrator to serve. If the parties fail to mutually agree 
upon any of the persons named, or if the invited Arbitrator is unable to 
serve, or if for any other reason the appointment cannot be made

[[Page 340]]

from the submitted lists, the Association shall make the appointment 
from among the other members of the Panel. In no event shall appointment 
of the Arbitrator by the Association take longer than thirty days from 
the filing of the joint request for arbitration.
    (c) Within seven days of the appointment of the Arbitrator, the 
Association shall mail to each of the parties notice of the identity of 
the Arbitrator and the date of the appointment, together with a copy of 
these rules. The Arbitrator shall, within five days of his or her 
appointment, file a signed acceptance of the case with the Association. 
The Association shall, within seven days of receipt of the Arbitrator's 
acceptance, mail notice of such acceptance to the parties.
    (d) If any appointed Arbitrator should resign, die, withdraw, be 
disqualified or otherwise be unable to perform the duties of the office, 
the Association may, on satisfactory proof, declare the office vacant. 
Vacancies shall be filled in accordance with the applicable provisions 
of this section, and the matter shall be resumed.
    (e) If the Administrator and one or more PRPs associated with a 
facility enter into a joint request for arbitration prior to the 
selection of the Association (see Sec. 304.21(e) of this part), the 
Administrator and the participating PRPs shall reach mutual agreement 
upon the selection and appointment of an Arbitrator on a case-by-case 
basis, and the Administrator shall obtain the services of that person 
using appropriate procurement procedures. Any person appointed as an 
Arbitrator pursuant to this paragraph shall make disclosures to the 
parties pursuant to Sec. 304.23 of this part, shall resolve the issues 
submitted for resolution pursuant to the jurisdiction and authority 
granted to the Arbitrator in Sec. 304.20 of this part, and shall 
otherwise conduct the arbitral proceeding pursuant to the procedures 
established by this part.



Sec. 304.23  Disclosure and challenge procedures.

    (a) A person appointed as an Arbitrator under Sec. 304.22 of this 
part shall, within five days of receipt of his or her notice of 
appointment, disclose to the Association any circumstances likely to 
affect impartiality, including any bias or any financial or personal 
interest in the result of the arbitration, or any past or present 
relationship with the parties or their counsel, or any past or present 
relationship with any PRP to which the claim may relate.
    (b) Upon receipt of such information from an appointed Arbitrator or 
other source, the Association shall, within two days of receipt, 
communicate such information to the parties. Such communication may be 
made orally or in writing, but if made orally, shall be confirmed in 
writing.
    (c) If any party wishes to request disqualification of an 
Arbitrator, such party shall notify the Association and the other 
parties of such request and the basis therefor within seven days of 
receipt of the information on which such request is based.
    (d) The Association shall make a determination on any request for 
disqualification of an Arbitrator within seven days after the 
Association receives any such request, and shall notify the parties in 
writing of such determination. This determination shall be within the 
sole discretion of the Association, and its decision shall be final.



Sec. 304.24  Intervention and withdrawal.

    (a)(1) No later than thirty days prior to the pre-hearing conference 
(see Sec. 304.31 of this part), any PRP associated with the facility 
which is the subject of the referred claim may move to intervene in the 
arbitral proceeding for the purpose of having one or more issues 
relating to his or her responsibility for payment of the referred claim 
resolved.
    (2) If the Arbitrator has been appointed, a motion to intervene 
shall be filed with the Arbitrator and a copy shall be served upon all 
parties. If the Arbitrator has not yet been appointed, a motion to 
intervene shall be submitted to the Association and a copy shall be 
served upon all parties.
    (3) Any such motion to intervene may be granted only upon the 
written approval of the Arbitrator and all of the parties in the form of 
a modification to the joint request for arbitration pursuant to Sec. 
304.21(c) of this part. by

[[Page 341]]

signing such a modification, the intervening party consents to be bound 
by the terms of the joint request for arbitration submitted pursuant to 
Sec. 304.21(b) of this part and any modifications previously made 
thereto pursuant to Sec. 304.21(c) of this part, and consents to be 
bound by such revisions to the time limits for the filing of pleadings 
as the Arbitrator may make to prevent delaying the pre-hearing 
conference.
    (b) Any party may move to withdraw from the arbitral proceeding 
within thirty days after receipt of the notice of appointment of the 
Arbitrator (see Sec. 304.22 of this part). The Arbitrator may approve 
such withdrawal, without prejudice to the moving party, and shall assess 
such administrative fees and expenses (see Sec. 304.41 of this part) 
against the withdrawing party as the Arbitrator deems appropriate. No 
party may withdraw from the arbitral proceedings after this thirty-day 
period, except that EPA may withdraw from the proceeding in accordance 
with Sec. 304.20(b)(3) or Sec. 304.33(e) of this part.



Sec. 304.25  Ex parte communication.

    (a) No interested person shall make or knowingly cause to be made to 
the Arbitrator an ex parte communication.
    (b) The Arbitrator shall not make or knowingly cause to be made to 
any interested person an ex parte communication.
    (c) The Association may remove the Arbitrator in any proceeding in 
which it is demonstrated to the Association's satisfaction that the 
Arbitrator has engaged in prohibited ex parte communication to the 
prejudice of any party. If the Arbitrator is removed, the procedures in 
Sec. 304.22(d) of this part shall apply.
    (d) Whenever an ex parte communication in violation of this section 
is received by or made known to the Arbitrator, the Arbitrator shall 
immediately notify in writing all parties to the proceeding of the 
circumstances and substance of the communication and may require the 
party who made the communication or caused the communication to be made, 
or the party whose representative made the communication or caused the 
communication to be made, to show cause why that party's arguments or 
claim should not be denied, disregarded, or otherwise adversely affected 
on account of such violation.
    (e) The prohibitions of this section apply upon appointment of the 
Arbitrator and terminate on the date of the final decision.



                Subpart C_Hearings Before the Arbitrator



Sec. 304.30  Filing of pleadings.

    (a) Discovery shall be in accordance with this section and Sec. 
304.31 of this part.
    (b) Within thirty days after receipt of the notice of appointment of 
the Arbitrator (see Sec. 304.22 of this part), EPA shall submit to the 
Arbitrator two copies of a written statement and shall serve a copy of 
the written statement upon all other parties. The written statement 
shall in all cases include the information requested in paragraphs 
(b)(1), (b)(6), and (b)(7) of this section, shall include the 
information requested in paragraph (b)(2) of this section if the issue 
of liability of any participating PRP has been submitted for resolution, 
shall include the information requested in paragraph (b)(3) of this 
section if any issue concerning the adequacy of EPA's response action 
has been submitted for resolution or may arise during the Arbitrator's 
determination of the dollar amount of response costs recoverable by EPA, 
shall include the information requested in paragraph (b)(4) of this 
section if the issue of the dollar amount of response costs recoverable 
by EPA has been submitted for resolution, and shall include the 
information requested in paragraph (b)(5) of this section if any issue 
concerning allocation of liability for payment of EPA's award has been 
submitted for resolution.
    (1) A statement of facts, including a description of the facility, 
the EPA response action taken at the facility, the response costs 
incurred and to be incurred by the United States in connection with the 
response action taken at the facility, and the parties;
    (2) A description of the evidence in support of the following four 
elements of liability of the participating PRP(s) whose liability 
pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), is

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at issue, and any supporting documentation therefor:
    (i) The site at which EPA's response action was taken is a facility 
as defined by section 101(9) of CERCLA, 42 U.S.C. 9601(9);
    (ii) There was a release or threat of release within the meaning of 
sections 101(22) and 104(a) of CERCLA, 42 U.S.C. 9601(22) and 9604(a), 
of a hazardous substance as defined by section 101(14) of CERCLA, 42 
U.S.C 9601(14), at the facility at which EPA's response action was 
taken;
    (iii) The release or threat of release caused the United States to 
incur response costs as defined in Sec. 304.12(o) of this part; and
    (iv) The participating PRP is in one of the categories of liable 
parties in section 107(a) of CERCLA, 42 U.S.C. 9607(a);
    (3) An index of any documents which formed the basis for the 
selection of the response action taken at the facility (all indexed 
documents shall be made available to any participating PRP);
    (4) A summary, broken down by category, of all response costs 
incurred and to be incurred by the United States in connection with the 
response action taken by EPA at the facility (supporting documentation 
for the summary shall be made available to any participating PRP 
pursuant to the procedures described in Rule 1006 of the Federal Rules 
of Evidence);
    (5) To the extent such information is available, the names and 
addresses of all identified PRPs for the facility, the volume and nature 
of the substances contributed to the facility by each identified PRP, 
and a ranking by volume of the substances contributed to the facility;
    (6) A recommended location for the pre-hearing conference and the 
arbitral hearing; and
    (7) Any other statement or documentation that EPA deems necessary to 
support its claim.
    (c) Within thirty days after receipt of EPA's written statement, 
each participating PRP shall submit to the Arbitrator two copies of an 
answer and shall serve a copy of the answer upon all other parties. The 
answer shall in all cases include the information requested in 
paragraphs (c)(1), (c)(6), and (c)(7) of this section, shall include the 
information requested in paragraph (c)(2) of this section if the issue 
of the liability of the answering participating PRP has been submitted 
for resolution, shall include the information requested in paragraph 
(c)(3) of this section if any issue concerning the adequacy of EPA's 
response action has been submitted for resolution or may arise during 
the Arbitrator's determination of the dollar amount of response costs 
recoverable by EPA, shall include the information requested in paragraph 
(c)(4) of this section if the issue of the dollar amount of response 
costs recoverable by EPA has been submitted for resolution, and shall 
include the information requested in paragraph (c)(5) of this section if 
any issue concerning the allocation of responsibility for payment of 
EPA's award has been submitted for resolution:
    (1) Any objections to the statement of facts in EPA's written 
statement, and, if so, a counterstatement of facts;
    (2) Any objections to EPA's position on the liability of the 
answering participating PRP pursuant to section 107(a) of CERCLA, 42 
U.S.C. 9607(a), a description of the evidence in support of the defenses 
to liability of the answering participating PRP which are specifically 
enumerated in section 107(b) of CERCLA, 42 U.S.C. 9607(b) (i.e., that 
the release or threat of release of a hazardous substance at the 
facility was caused solely by an act of God, an act of war, an act or 
omission of an unrelated third party, or any combination thereof), and 
any supporting documentation thereof;
    (3) Any objections to the response action taken by EPA at the 
facility based upon any documents which formed the basis for the 
selection of the response action;
    (4) Any objections to EPA's summary and supporting documentation for 
all response costs incurred and to be incurred by the United States in 
connection with the response action taken by EPA at the facility;
    (5) Any documentation which the participating PRP deems relevant to 
the allocation of responsibility for payment of EPA's award.

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    (6) A recommended location for the pre-hearing conference and the 
arbitral hearing; and
    (7) Any other statement or documentation that the participating PRP 
deems necessary to support its claim.
    (d) EPA may file a response to any participating PRP's answer within 
twenty days of receipt of such answer. Two copies of any such response 
shall be served upon the Arbitrator, and a copy of any such response 
shall be served upon all parties.
    (e) If EPA files a response, any participating PRP may file a reply 
thereto within ten days after receipt of such response. Two copies of 
any such reply shall be served upon the Arbitrator, and a copy of any 
such reply shall be served upon all parties.



Sec. 304.31  Pre-hearing conference.

    (a) The Arbitrator and the parties shall exchange witness lists 
(with a brief summary of the testimony of each witness) and any exhibits 
or documents that the parties have not submitted in their pleadings 
pursuant to Sec. 304.30 of this part, within 110 days after the 
appointment of the Arbitrator (see Sec. 304.22 of this part) or within 
10 days prior to the pre-hearing conference, whichever is earlier.
    (b) The Arbitrator shall select the location, date, and time for the 
pre-hearing conference, giving due consideration to any recommendations 
by the parties.
    (c) The pre-hearing conference shall be held within one hundred 
twenty days after the appointment of the Arbitrator (see Sec. 304.22 of 
this part).
    (d) The Arbitrator shall mail to each party notice of the pre-
hearing conference not later than twenty days in advance of such 
conference, unless the parties by mutual agreement waive such notice.
    (e) Any party may be represented by counsel at the pre-hearing 
conference. A party who intends to be so represented shall notify the 
other parties and the Arbitrator of the name, address and telephone 
number of counsel at least three days prior to the date set for the pre-
hearing conference. When an attorney has initiated the arbitration by 
signing the joint request for arbitration on behalf of a party, or when 
an attorney has filed a pleading on behalf of a party, such notice is 
deemed to have been given.
    (f) The pre-hearing conference may proceed in the absence of any 
party who, after due notice, fails to appear.
    (g)(1) At the pre-hearing conference, the Arbitrator and the parties 
shall exchange witness statements, a stipulation of uncontested facts, a 
statement of disputed issues, and any other documents, including written 
direct testimony, that will assist in prompt resolution of the dispute 
and avoid unnecessary proof.
    (2) The Arbitrator and the parties shall consider the settlement of 
all or part of the claim. The Arbitrator may encourage further 
settlement discussions among the parties. Any settlement reached may be 
set forth in a proposed decision in accordance with Sec. 304.33 of this 
part. If such a settlement is not set forth in a proposed decision, the 
settlement shall be treated as an administrative settlement pursuant to 
section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and shall be subject 
to public comment pursuant to section 122(i) of CERCLA, 42 U.S.C. 
9622(i).



Sec. 304.32  Arbitral hearing.

    (a) The Arbitrator may, in his sole discretion, schedule a hearing 
with the parties on one or more of the disputed issues identified in the 
statement of disputed issues pursuant to Sec. 304.31(g)(1) of this 
part.
    (b) The Arbitrator shall select the location, date, and time for the 
arbitral hearing, giving due consideration to any recommendations by the 
parties.
    (c) The hearing shall commence within forty-five days after the pre-
hearing conference (see Sec. 304.31 of this part). The Arbitrator may, 
upon a showing by the parties that settlement is likely, extend the date 
for the hearing for up to thirty additional days, if further settlement 
discussions have been held pursuant to Sec. 304.31(g)(2) of this part.
    (d) The Arbitrator shall mail to each party notice of the hearing 
not later than twenty days in advance of the hearing, unless the parties 
by mutual agreement waive such notice. Such notice shall include a 
statement of the disputed issues to be addressed at the hearing. The 
Arbitrator need not mail

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a second notice to the parties if the date for the hearing is extended 
pursuant to paragraph (c) of this section.
    (e) Any party may be represented by counsel at the hearing. A party 
who intends to be so represented shall notify the other parties and the 
Arbitrator of the name, address and telephone number of counsel at least 
three days prior to the date set for the hearing. When an attorney has 
initiated the arbitration by signing the joint request on behalf of a 
party, or when an attorney has filed a pleading on behalf of a party, or 
when notice has been given pursuant to Sec. 304.31(e) of this part, 
such notice is deemed to have been given.
    (f) The Arbitrator shall make the necessary arrangements for the 
making of a true and accurate record of the arbitral hearing.
    (g) The Arbitrator shall make the necessary arrangements for the 
services of an interpreter upon the request of one or more of the 
parties.
    (h) The Arbitrator may take adjournments upon the request of any 
party or upon the Arbitrator's own initiative and shall take such 
adjournment when all of the parties agree thereto.
    (i) The Arbitrator shall administer oaths to all witnesses before 
they testify at the arbitral hearing.
    (j)(1) A hearing shall be opened by the recording of the location, 
date, and time of the hearing, the presence of the Arbitrator and the 
parties, and counsel if any, and by the Arbitrator's acknowledgment for 
the record of all pleadings and all other documents that have been filed 
by the parties.
    (2) The hearing shall be conducted in accordance with the 
Arbitrator's jurisdiction as defined by Sec. 304.20 of this part.
    (3) The Arbitrator may, at any time, require oral statements 
clarifying the issues to be addressed at the hearing.
    (4) The Arbitrator may require the parties to present witnesses for 
questioning by the Arbitrator and for direct and cross-examination by 
the parties on any of the disputed issues, except for any disputed 
issues concerning the selection or adequacy of the response action, 
which shall be governed by paragraph (j)(6) of this section.
    (5) The Arbitrator shall define the scope of oral testimony. A party 
may present oral direct testimony only upon a showing of good cause why 
such testimony could not have been submitted in written form, or upon 
consent of all of the parties.
    (6) Notwithstanding Sec. Sec. 304.20(e)(1) and 304.20(e)(4) of this 
part, the Arbitrator may permit any party to supplement the documents 
which formed the basis for the selection of the response action (with 
additional documents, affidavits, or oral testimony), if any party 
demonstrates that supplementation is appropriate based upon applicable 
principles of administrative law.
    (k)(1) Except as provided in paragraph (j)(6) of this section, 
exhibits and other documentary evidence not included in a party's 
pleadings, not exchanged prior to the pre-hearing conference pursuant to 
Sec. 304.31(a) of this part, or not exchanged at the pre-hearing 
conference pursuant to Sec. 304.31(g)(1) of this part, may be 
introduced at the hearing only upon a showing of good cause by the 
moving party or upon consent of all of the parties.
    (2) Except as provided in paragraph (j)(6) of this section, 
witnesses not identified in a party's witness list may be presented at 
the hearing only upon a showing of good cause by the moving party or 
upon consent of all of the parties.
    (3) The Arbitrator shall be the judge of the relevance and 
materiality of the evidence offered during the proceeding and of the 
applicability of legal privileges. Conformity to legal rules of evidence 
shall not be required.
    (4) The Arbitrator may make such orders as may be necessary for in 
camera consideration of evidence for reasons of business confidentiality 
as defined by 40 CFR 2.201(e) and as consistent with section 104(e)(7) 
of CERCLA, 42 U.S.C. 9604(e)(7).
    (l) The hearing may proceed in the absence of any party who, after 
due notice, fails to appear or fails to obtain an adjournment. If a 
party, after due notice, fails to appear or fails to obtain an 
adjournment, such party will be deemed to have waived the right to be 
present at the hearing.
    (m) After all disputed issues have been heard by the Arbitrator, the 
Arbitrator may permit the parties to make

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closing statements, after which the Arbitrator shall declare the hearing 
closed.
    (n) The hearing shall be completed within two weeks, unless the 
Arbitrator extends the hearing for good cause.
    (o) The Arbitrator may permit the parties to submit proposed 
findings of fact, rulings, or orders within ten days after receipt of 
the hearing transcript or such longer time upon a finding of good cause.
    (p) The parties may provide, by written agreement, for the waiver of 
the hearing.



Sec. 304.33  Arbitral decision and public comment.

    (a) The Arbitrator shall render a proposed decision within forty-
five days after the hearing is closed, or within forty-five days after 
the pre-hearing conference if no hearing is held, unless the parties 
have settled the dispute prior to the rendering of the proposed 
decision.
    (b)(1) The proposed decision shall be in writing and shall be signed 
by the Arbitrator. It shall be limited in accordance with the 
Arbitrator's jurisdiction as defined by Sec. 304.20 of this part, and 
shall, if such issues have been jointly submitted by the parties for 
resolution, contain the Arbitrator's determination of:
    (i) Which participating PRPs, if any, are liable pursuant to section 
107(a) of CERCLA, 42 U.S.C. 9607(a);
    (ii) The dollar amount of response costs, if any, to be awarded to 
EPA; and
    (iii) The allocation of responsibility for payment of EPA's award, 
if any, among the participating PRPs.
    (2) The proposed decision shall also assess arbitration fees and 
expenses (see Sec. 304.41 of this part) in favor of any party, or 
combination of parties, and, in the event any administrative fees or 
expenses are due the Association, in favor of the Association.
    (c) If the parties settle their dispute during the course of the 
proceeding, the Arbitrator may, upon the parties' request, set forth in 
the terms of the agreed settlement in a proposed decision. Except as 
provided in Sec. 304.20(b) of this part, a proposed decision which 
embodies an agreed settlement shall be subject to all applicable 
provisions of this part, including, but not limited to, paragraph (e) of 
this section and Sec. 304.40 of this part.
    (d) The parties shall accept as legal delivery of the proposed 
decision the placing in the United States mail of a true copy of the 
proposed decision, sent by certified mail, return receipt requested, 
addressed to each party's last known address or each party's attorney's 
last known address, or by personal service.
    (e)(1) Pursuant to section 122(i) of CERCLA, 42 U.S.C. 9622(i), 
notice of the proposed decision shall be published promptly by EPA in 
the Federal Register. Such notice shall include the name and location of 
the facility concerned, the names of the parties to the proceeding, and 
a brief summary of the proposed decision, and shall provide persons who 
are not parties to the proceeding a thirty-day period in which to file 
written comments relating to the proposed decision. Any filed comments 
shall be made available to the participating PRPs and to the public. The 
participating PRPs shall have ten days from the close of the public 
comment period in which to submit to EPA in writing their views on the 
merits of any comments filed. EPA shall consider any comments filed, and 
shall, within thirty days after the close of the ten-day period during 
which the participating PRPs may submit their views on any comments 
filed, provide written notice to the Arbitrator and the participating 
PRPs. The written notice shall be made available to the public and shall 
include:
    (i) A summary of any comments filed;
    (ii) Responses to any comments filed;
    (iii) A discussion of whether any comments filed disclose to EPA 
facts or considerations which indicate the proposed decision is 
inappropriate, improper or inadequate; and
    (iv) EPA's determination as to whether modification of the proposed 
decision or withdrawal from the arbitral proceeding is necessary based 
upon such comments.
    (2) If EPA's written notice does not state that modification or 
withdrawal

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is necessary based upon public comments, then the proposed decision 
shall become final thirty days after the date of issuance of EPA's 
written notice. If EPA's written notice states that modification or 
withdrawal is necessary, the parties shall have thirty days from the 
date of issuance of EPA's written notice to modify the proposed decision 
so that it is no longer inappropriate, improper or inadequate and to set 
forth the proposed decision, as modified, in an agreed settlement. If an 
agreed settlement is reached, such agreed settlement shall be the final 
decision. If the parties do not modify the proposed decision in an 
agreed settlement within thirty days, the proposed decision shall be 
null and void and of no legal effect, EPA shall withdraw from the 
proceeding, and the Arbitrator shall assess such administrative fees and 
expenses (see Sec. 304.41 of this part) against the parties as the 
Arbitrator deems appropriate.
    (f) Payment of EPA's award, if any, and any fees or expenses due 
pursuant to the final decision, shall be made within thirty days after 
the date of the final decision.
    (g) The Arbitrator shall, upon written request of any party, furnish 
to such party certified facsimiles of all papers in the Arbitrator's 
possession that may be required in judicial proceedings relating to the 
arbitration pursuant to Sec. 304.40 of this part.



                       Subpart D_Other Provisions



Sec. 304.40  Effect and enforcement of final decision.

    (a) Pursuant to section 122(h)(4) of CERCLA, 42 U.S.C. 9622(h)(4), 
any participating PRP who has resolved his or her liability for an EPA 
claim through a final decision reached pursuant to the procedures 
established by this part shall not be liable for claims for 
contributions regarding matters addressed by the final decision.
    (b) The final decision shall be binding and conclusive upon the 
parties as to issues that were jointly submitted by the parties for 
resolution and addressed in the decision.
    (c)(1) If any award made in the final decision is not paid within 
the time required by Sec. 304.33(f) of this part, the final decision 
may be enforced as a settlement under section 122(h) of CERCLA, 42 
U.S.C. 9622(h), by the Attorney General on behalf of EPA in any 
appropriate Federal district court pursuant to section 122(h)(3) of 
CERCLA, 42 U.S.C. 9622(h)(3). Pursuant to section 122(h)(3) of CERCLA, 
the terms of the final decision shall not be subject to review in any 
such action.
    (2) In any such enforcement action initiated by the United States, 
the final decision may be challenged by any party if:
    (i) It was achieved through fraud, misconduct, or partiality on the 
part of the Arbitrator;
    (ii) It was achieved through fraud or misconduct by one of the 
parties affecting the result;
    (iii) The Arbitrator exceeded his or her jurisdiction under Sec. 
304.20 of this part or failed to decide the claim within the bounds of 
his or her authority under this part; or
    (iv) It violates public policy.
    (3) Except as necessary to show such fraud, misconduct, partiality, 
excess of jurisdiction or authority, or violation of public policy, in 
any such enforcement action, a party may not raise, for the purpose of 
overturning or otherwise challenging the final decision, issues arising 
in the claim that were not submitted for resolution by arbitration.
    (d) Except as provided in paragraph (c) of this section, and except 
as necessary for a participating PRP to defend against an action seeking 
contribution for matters addressed by the final decision, no final 
decision shall be admissible as evidence of any issue of fact or law in 
any proceeding brought under any provision of CERCLA or any other 
provision of law.
    (e) Neither the initiation of an arbitral proceeding nor the 
rendering of a final decision on an EPA claim shall preclude or 
otherwise affect the ability of the United States, including EPA, to:
    (1) Seek injunctive relief against any participating PRP for further 
response action at the facility concerned pursuant to CERCLA or any 
other applicable statute, regulation or legal theory; or
    (2) Take further response action at the facility concerned pursuant 
to

[[Page 347]]

CERCLA or any other applicable statute, regulation or legal theory; or
    (3) Seek reimbursement from any participating PRP for any costs not 
the subject of the arbitral proceeding pursuant to CERCLA or any other 
applicable statute, regulation or legal theory; or
    (4) Seek any relief for any violation of criminal law from any 
participating PRP; or
    (5) Seek damages for injury to, destruction of, or loss of natural 
resources from any participating PRP; or
    (6) Seek any relief, civil or criminal, from any person not a party 
to the arbitral proceeding under CERCLA or any other applicable statute, 
regulation or legal theory.



Sec. 304.41  Administrative fees, expenses, and Arbitrator's fee.

    (a) The Association shall prescribe an Administrative Fee Schedule 
and a Refund Schedule, which shall be subject to the approval of EPA. 
The schedule in effect at the time of filing or the time of refund shall 
be applicable.
    (b) Expenses of witnesses shall be borne by the party producing such 
witnesses. The expense of the stenographic record and all transcripts 
thereof shall be prorated equally among all parties ordering copies, 
unless otherwise agreed by the parties, or unless the Arbitrator 
assesses such expenses or any part thereof against any specified party 
in the decision. The expense of an interpreter shall be borne by the 
party requesting the interpreter.
    (c) The Association shall establish the per diem fee for the 
Arbitrator, subject to the approval of EPA, prior to the commencement of 
any activities by the Arbitrator. Arrangements for compensation of the 
Arbitrator shall be made by the Association.
    (d) The Association shall make appropriate arrangements to pay the 
Arbitrator's fee and the administrative fee, and shall render an 
accounting to the parties in accordance with the Arbitrator's award, 
within thirty days after the date of the final decision.
    (e) In any arbitration conducted prior to the selection of the 
Association (see Sec. 304.21(e) of this part), all fees and expenses of 
the arbitral proceeding, including the Arbitrator's fee, shall be 
divided equally among all parties, except that expenses of witnesses 
shall be borne by the party producing such witnesses, expenses of an 
interpreter shall be borne by the party requesting such interpreter, and 
the expense of the stenographic record and all transcripts thereof shall 
be prorated equally among all parties ordering copies.



Sec. 304.42  Miscellaneous provisions.

    (a) Any party who proceeds with the arbitration knowing that any 
provision or requirement of this part has not been complied with, and 
who fails to object thereto either orally or in writing in a timely 
manner, shall be deemed to have waived the right to object.
    (b) The original of any joint request for arbitration, modification 
to any joint request for arbitration, pleading, letter, or other 
document filed in the proceeding (except for exhibits and other 
documentary evidence) shall be signed by the filing party or by his or 
her attorney.
    (c) All papers associated with the proceeding that are served by a 
party to an opposing party shall be served by personal service, or by 
United States first class mail, or by United States certified mail, 
return receipt requested, addressed to the party's attorney, or if the 
party is not represented by an attorney or the attorney cannot be 
located, to the last known address of the party. All papers associated 
with the proceeding that are served by the Arbitrator or by the 
Association shall be served by personal service or by United States 
certified mail, return receipt requested, addressed to the party's 
attorney, or if the party is not represented by an attorney or the 
attorney cannot be located, to the last known address of the party.
    (d) If any provision of this part, or the application of any 
provision of this part to any person or circumstance, is held invalid, 
the application of such provision to other persons or circumstances and 
the remainder of this part shall not be affected thereby.

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PART 305_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS 
AGAINST THE SUPERFUND--Table of Contents




                            Subpart A_General

Sec.
305.1 Scope.
305.2 Use of number and gender.
305.3 Definitions.
305.4 Powers and duties of the Review Officer and the Presiding Officer; 
          disqualification.
305.5 Filing, service, and form of pleadings and documents.
305.6 Computation and extension of time.
305.7 Ex parte discussion of proceeding.
305.8 Examination of documents filed.

                    Subpart B_Parties and Appearances

305.10 Appearances.
305.11 Consolidation and severance.

                     Subpart C_Prehearing Procedures

305.20 Request for a hearing; contents.
305.21 Amendment of request for a hearing; withdrawal.
305.22 Answer to the request for a hearing.
305.23 Motions.
305.24 Default order.
305.25 Informal settlement; voluntary agreement.
305.26 Prehearing conference.
305.27 Accelerated order, order to dismiss.

                       Subpart D_Hearing Procedure

305.30 Scheduling the hearing.
305.31 Evidence.
305.32 Objections and offers of proof.
305.33 Burden of presentation; burden of persuasion.
305.34 Filing the transcript.
305.35 Proposed findings, conclusions, and order.
305.36 Final order; costs.

    Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 52 FR 2923, 3 CFR, 
1987 Comp. p. 193.

    Source: 58 FR 7706, Feb. 8, 1993, unless otherwise noted.



                            Subpart A_General



Sec. 305.1  Scope.

    (a)(1) This part governs all administrative proceedings for the 
total or partial denial of response claims asserted against the 
Hazardous Substance Superfund (the Fund) pursuant to sections 111(a)(2) 
and 122(b)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. 9601 et 
seq.
    (2) Sections 111(a)(2) and 122(b)(1) of CERCLA authorize EPA, among 
other things, to use the Fund to reimburse certain persons who file 
claims for eligible response costs incurred in carrying out the National 
Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 
part 300. In the event that the Claims Official declines to pay all or 
part of a claim, a claimant may request an administrative hearing 
pursuant to Sec. 305.4(a) within 30 days after receiving notice of the 
Claims Official's decision. The procedures governing such a proceeding 
are set forth in this part.
    (b) Procedural questions arising at any stage of the proceeding 
which are not addressed in this part shall be resolved at the discretion 
of the Claims Official, the Review Officer, or the Presiding Officer, as 
appropriate.



Sec. 305.2  Use of number and gender.

    As used in this part, words in the singular also include the plural 
and words in the masculine gender also include the feminine, as the case 
may require.



Sec. 305.3  Definitions.

    (a) The following definitions apply to this part:
    Administrative Law Judge means an Administrative Law Judge appointed 
under 5 U.S.C. 3105.
    Agency or EPA means the United States Environmental Protection 
Agency.
    CERCLA or the Act means the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. 9601 et 
seq.
    Claim means a demand in writing for a sum certain, which is 
presented to the Fund in accordance with CERCLA sections 111 and 112.

[[Page 349]]

    Claimant means any person who presents a claim to the Fund for 
reimbursement under CERCLA section 112(b)(1).
    Claims Official means the Assistant Administrator or the Regional 
Administrator or his delegatee who makes the initial decision awarding 
or denying a claim in whole or in part.
    Confidential business information or CBI means business information 
for which a person has made a ``business confidentiality claim'' as 
defined in 40 CFR 2.201(h) and in accordance with all applicable 
provisions in 40 CFR part 2, subpart B, except insofar as the 
Administrator has denied the claim pursuant to the procedures in 40 CFR 
part 2, subpart B.
    Final order means the decision of the Review Officer which has 
become final in accordance with Sec. 305.4(a), or of the Presiding 
Officer, or in the case of a voluntary agreement (see Sec. 305.25) of 
the parties, disposing of all legal and factual matters presented in the 
Request for a Hearing. A final order made by the Review Officer or the 
Presiding Officer shall contain findings of fact, conclusions of law, as 
well as the reasons therefore, and an order for an award of a sum 
certain, or an explanation of why no award is granted. The final order 
may consist of one or more of the following documents: the findings of 
fact, conclusions of law, and order of the Review Officer or the 
Presiding Officer; a voluntary agreement; an accelerated order; or a 
default order, if the default order provides for dismissal of the 
Request for a Hearing with prejudice. A final order is the final 
administrative decision of the Agency and (with the exception of a 
voluntary agreement) is appealable to the Federal district court for the 
district where the release or threat of release took place.
    Fund or Superfund means the Hazardous Substance Superfund 
established by section 9507 of the Internal Revenue Code of 1986.
    Hearing means a hearing on the record open to the public and 
conducted under this part.
    Hearing Clerk means the Hearing Clerk, A-110, United States 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    National Contingency Plan or NCP means the National Oil and 
Hazardous Substances Pollution Contingency Plan developed under section 
311(c) of the Clean Water Act and revised pursuant to section 105 of 
CERCLA (40 CFR part 300).
    Party means EPA or any person that participates in a proceeding 
under this part as a Requestor.
    Preauthorization means EPA's prior approval to submit a claim 
against the Fund for necessary response costs incurred as a result of 
carrying out the NCP.
    Presiding Officer means the Administrative Law Judge designated by 
the Chief Administrative Law Judge, or the Chief Administrative Law 
Judge himself, in the absence of such designation, to conduct a hearing 
pursuant to this part.
    Proceeding means the entire process of review of a claim conducted 
pursuant to this part that is initiated by a Request for a Hearing. A 
hearing is part of a proceeding.
    Request for a Hearing means a written notice requesting an 
administrative hearing of the total or partial denial of a claim by the 
Claims Official. Such hearing shall be governed by this part.
    Requestor is the party who files a Request for a Hearing.
    Review Officer means the EPA Administrator or his delegatee who is 
authorized to exercise all powers and duties prescribed or delegated 
under the Act or this part to him.
    Voluntary agreement (see Sec. 305.25) means a written 
communication, signed by all the parties or their counsel or 
representatives, containing an order acceptable to both the Requestor 
and EPA. A voluntary agreement shall state that, for purposes of this 
proceeding, EPA consents to the award of a sum certain to the Requestor 
or such other consideration as the parties deem appropriate. A voluntary 
agreement is effective without approval of the Presiding Officer and is 
a final order as defined in this part.
    (b) Terms defined in CERCLA or in 40 CFR part 300 and not defined in 
this part are used consistent with the

[[Page 350]]

meanings given in CERCLA or 40 CFR part 300.



Sec. 305.4  Powers and duties of the Review Officer and the Presiding 
Officer; disqualification.

    (a) Review Officer. The Review Officer is authorized to receive 
Requests for a Hearing; attempt to promote settlement; make the decision 
of the Agency on the claim if the claimant does not request referral of 
the Request for a Hearing to the Chief Administrative Law Judge; and 
refer a Request for a Hearing to the Chief Administrative Law Judge when 
necessary. The Review Officer shall make the decision of the Agency on 
the claim in writing and shall serve the Requestor and the Claims 
Official with a copy of his decision. The Review Officer may, sua 
sponte, without ruling on the merits of the Request for a Hearing, refer 
it to the Chief Adminstrative Law Judge for decision. If the Requestor 
is not satisfied with the decision of the Review Officer, he may, within 
10 days of service of such decision, request that the Review Officer 
refer the Request for a Hearing to the Chief Administrative Law Judge. 
The Requestor shall also serve such notice on the Claims Official. 
Otherwise the decision of the Review Officer is a final order. When 
referring a matter to the Chief Administrative Law Judge, the Review 
Officer shall include the Request for a Hearing, a copy of his decision, 
and any other pertinent documents. The Review Officer also shall notify 
the Requestor, the Hearing Clerk, and the Claims Official when he refers 
a Request for a Hearing to the Chief Administrative Law Judge. The 
Hearing Clerk, shall, upon receipt of the relevant documents, establish 
a file for the hearing. Thereafter, a copy of all pleadings must be 
filed with the Hearing Clerk. This requirement is in addition to the 
applicable service of documentation requirements contained in 
Sec. 305.5(b)(2). The Review Officer shall exercise all other powers and 
duties prescribed or delegated to him under the Act or this part.
    (b) Presiding Officer. Upon receipt from the Review Officer of the 
Request for a Hearing, the Chief Administrative Law Judge shall 
designate himself or another Administrative Law Judge as Presiding 
Officer and shall transmit all documents related to the Request for a 
Hearing to the Presiding Officer. The Presiding Officer shall then 
notify the parties of his assignment pursuant to Sec. 305.4(c). The 
Presiding Officer shall conduct a fair and impartial proceeding, assure 
that the facts are fully elicited, adjudicate all issues, and avoid 
delay. The Presiding Officer shall have authority to:
    (1) Conduct administrative hearings under this part;
    (2) Rule upon motions, requests, and offers of proof, dispose of 
procedural requests, and issue all necessary orders;
    (3) Administer oaths and affirmations;
    (4) Examine witnesses and receive documentary or other evidence;
    (5) Order a party, or an officer or agent thereof, for good cause, 
upon motion, or sua sponte, to produce testimony, documents, or other 
nonprivileged evidence, and failing the production thereof without good 
cause being shown, draw adverse inferences against that party;
    (6) Admit or exclude evidence;
    (7) Hear and decide questions of law and fact;
    (8) Require parties to attend conferences for the settlement or 
simplification of the issues, or the expedition of the proceedings;
    (9) Extend the time limit for a final order in the hearing for a 
period not to exceed 60 days;
    (10) Render findings of fact, conclusions of law, and a final order;
    (11) Assess costs of the proceeding pursuant to Sec. 305.36(b);
    (12) Do all other acts and take all measures necessary for the 
maintenance of order and for the efficient and impartial adjudication of 
issues arising in proceedings governed by this part; and
    (13) Resolve all disputes based on the evidence and applicable law; 
see Sec. 305.31 concerning evidence.
    (c) The Presiding Officer shall notify the parties that the Request 
for a Hearing has been assigned to him, and that he has received the 
case file from the Chief Administrative Law Judge.

[[Page 351]]

After ruling on any objections to jurisdiction, or final disposition of 
any objections to disqualification, the Presiding Officer shall render a 
final order within 90 days after he affirmatively accepts such 
jurisdiction. The Presiding Officer shall render a final order within 
the allotted time, unless all parties agree in writing to an extension, 
or unless, in his discretion, either upon motion of a party or sua 
sponte, he allows an extension of time not to exceed 60 days. If all 
parties agree in writing to an extension of the time period within which 
the Presiding Officer must issue a final order, the extension shall be 
for the period agreed to in writing by all parties. There are no limits 
to such periods other than that to which the parties have agreed in 
writing. An agreement by the parties to extend the time limit does not 
preclude the Presiding Officer from extending the time limit to issue a 
final order sua sponte or upon motion of a party, nor does an extension 
by the Presiding Officer preclude the parties from agreeing to an 
extension.
    (d) Disqualification; withdrawal. (1) Neither the Review Officer nor 
the Presiding Officer may perform functions provided for in this part 
regarding any matter in which he: has a financial interest; or has any 
relationship with a party or with the subject matter that would make it 
inappropriate for him to act. A party shall, by motion presented within 
5 days after receiving notice of the assignment of the Presiding 
Officer, make any objection to his assignment. Otherwise, any objections 
to the qualifications of the Presiding Officer are waived, unless such 
objections arise after the time for presenting objections allowed by 
this paragraph. In such case, any objection must be made within 5 days 
of the time within which it arose. Either party may appeal the Presiding 
Officer's ruling on a motion to disqualify him to the Chief 
Administrative Law Judge. The Chief Administrative Law Judge shall rule 
on such motion in a timely fashion. When the Chief Administrative Law 
Judge is the Presiding Officer, he shall refer any challenge to his 
qualification to hear the case to another Administrative Law Judge for 
decision. The Review Officer or the Presiding Officer may at any time 
withdraw from any proceeding in which he deems himself disqualified or 
unable to act for any reason.
    (2) If the Review Officer or the Presiding Officer is disqualified 
or withdraws from the proceeding, a qualified individual who has none of 
the infirmities listed in paragraph (d)(1) of this section shall be 
assigned to replace him. The Administrator shall appoint a new Review 
Officer. The Chief Administrative Law Judge shall assign a new Presiding 
Officer from among the available Administrative Law Judges.
    (3) The Chief Administrative Law Judge shall have the power to rule 
on motions for disqualification as described in paragraph (d)(1) of this 
section and may, at any stage in the hearing, reassign the case to an 
Administrative Law Judge other than the one originally assigned in the 
event of the unavailability of the Administrative Law Judge or where 
reassignment will result in efficiency in the scheduling of hearings and 
will not prejudice the parties.



Sec. 305.5  Filing, service, and form of pleadings and documents.

    (a) Filing of pleadings and documents. (1) The original and one copy 
of the Request for a Hearing shall be served on the Review Officer. 
Service on the Review Officer shall be made in the manner prescribed by 
paragraph (b) of this section. The Requestor shall serve his Request for 
a Hearing on the Review Officer within 30 days of receipt of the Claims 
Official's decision. The Review Officer shall promptly notify the Claims 
Official of receipt of a Request for a Hearing and shall provide him a 
copy of such request. The original of all other pleadings and documents 
shall be filed with the appropriate official and a copy served on each 
party.
    (2) A certificate of service shall accompany each document filed or 
served. Except as otherwise provided, a party filing documents with the 
Hearing Clerk, after filing of the answer, shall serve copies thereof 
upon all other parties and the Presiding Officer. The Presiding Officer 
shall maintain a duplicate file during the course of the proceeding.

[[Page 352]]

    (3) When the Presiding Officer corresponds directly with a party, 
the original of the correspondence shall be sent to the Hearing Clerk, a 
copy shall be maintained by the Presiding Officer in the duplicate file, 
and a copy shall be sent to all parties. A party who corresponds 
directly with the Presiding Officer shall, in addition to serving all 
other parties, send a copy of all such correspondence to the Hearing 
Clerk. A certificate of service shall accompany each document served 
under this paragraph.
    (b) Service of pleadings and documents--(1) Service of Request for a 
Hearing. Service of a signed original Request for a Hearing with copy 
thereof may be made on the Review Officer either personally or by 
certified mail, return receipt requested. The Review Officer shall 
assign a docket number to the Request for a Hearing, and shall notify 
the Requestor, the Hearing Clerk, and the Claims Official of such docket 
number.
    (2) Service of documents other than the Request for a Hearing. (i) 
All documents other than the Request for a Hearing may be served on the 
appropriate official personally or by certified mail, return receipt 
requested, or by first class mail, postage pre-paid. After initiation of 
the hearing, a party serving any document must also submit a copy of 
such document to the Hearing Clerk.
    (ii) Service upon the Claims Official, the Review Officer, or the 
Hearing Clerk shall be made by delivering two copies of the document to 
the appropriate official in the manner prescribed in paragraph (b)(2)(i) 
of this section.
    (iii) Service upon a domestic or foreign corporation or upon a 
partnership or other unincorporated association that is subject to an 
action under a common name shall be made in the manner prescribed in 
paragraph (b)(2)(i) of this section, directed to an officer, partner, a 
managing or general agent, or to any other person authorized by 
appointment or by Federal or State law to receive service of process.
    (iv) Service upon a State or local unit of government, or a State or 
local officer, agency, department, corporation or other instrumentality 
shall be made by serving a copy of the document in the manner prescribed 
by the law of the State for the service of process on any such persons, 
or:
    (A) If upon a State or local unit of government, or a State or local 
department, agency, corporation or other instrumentality, by personal 
service or certified mail, as prescribed by paragraph (b)(1) of this 
section, directed to the Chief Executive Officer thereof;
    (B) If upon a State or local officer, by personal service or 
certified mail, as prescribed by paragraph (b)(1) of this section, to 
such officer.
    (v) Service upon an officer of agency of the United States shall be 
made by delivering a copy of the document to the officer or agency, or 
in any manner prescribed for service by applicable regulations. If the 
agency is a corporation, the document shall be served as prescribed in 
paragraph (b)(2)(iii) of this section.
    (c) Form of pleadings and documents. (1) Except as provided herein, 
or by order of the Presiding Officer, there are no specific requirements 
as to the form of documents.
    (2) The first page of every pleading, letter, or other document 
shall contain a caption identifying the Requestor, the docket number 
assigned by the Review Officer, and the official to whom the document is 
directed. All pleadings greater than ten pages in length, and all legal 
briefs, shall contain a table of contents and a table of citations with 
page references.
    (3) The original of any pleading, letter or other document (other 
than exhibits) shall be signed by the party filing or by his counsel or 
other representative. The signature constitutes a representation by the 
signer that he has read the pleading, letter, or other document, that to 
the best of his knowledge, information and belief, the statements made 
therein are true, and that it is not interposed for delay.
    (4) The initial document filed by any party shall contain his name, 
address and telephone number. Any changes in this information shall be 
communicated promptly to the appropriate official, and all parties to 
the proceeding. A party who fails to furnish such information and any 
changes thereto shall be deemed to have waived his right to notice and 
service under this part.

[[Page 353]]

    (5) The Claims Official, Review Officer, Presiding Officer, or 
Hearing Clerk may refuse to file any document which does not comply with 
paragraph (c) of this section. Written notice of such refusal, stating 
the reasons therefore, shall be promptly given to the party submitting 
the document. Such party may amend and resubmit any document refused for 
filing, if such amendment and resubmission is timely. If, for good cause 
shown, amendment and resubmission is not timely, a party may request an 
extension of the time in which to submit a document to the appropriate 
official.
    (d) Confidential Business Information. (1) Any person filing or 
serving any pleading or document under this part containing information 
claimed as Confidential Business Information (CBI) shall assert the 
claim as specified in 40 CFR 2.203(b). The failure to assert a CBI claim 
in accordance with this section, at the time the pleading or document is 
filed or served, shall constitute a waiver of any rights to assert any 
CBI claim with respect to the business information in the pleading or 
document.
    (2) Any pleading or document containing CBI shall be filed in a 
double envelope. The outside envelope should not mention that CBI is 
contained. The inside envelope shall specify the envelope contains CBI.
    (3) For each original or copy of each pleading or document filed or 
served which contains CBI, the person shall submit two versions.
    (i) One version must be complete. In that version, the person shall 
mark the specific information claimed as CBI pursuant to this section.
    (ii) The CBI must be deleted in the second version, and all 
information claimed as CBI must be indicated in such version, as well as 
the nature of the information claimed as CBI, and the fact that another 
version containing the CBI has been filed pursuant to this section.
    (4) The Hearing Clerk shall not accept for filing any CBI pleading 
or document which does not comply with the requirements of paragraphs 
(d)(2) and (3) of this section.
    (5) All claims of CBI, and all information entitled to treatment as 
CBI, shall be governed by the provisions of 40 CFR part 2, subpart B, 
for CERCLA, as well as any other EPA regulatory provisions affecting the 
confidentiality of the information.

[58 FR 7706, Feb. 8, 1993, as amended at 59 FR 26, Jan. 3, 1994]



Sec. 305.6  Computation and extension of time.

    (a) Computation. In computing any period of time described or 
allowed in this part, except as otherwise provided, the day of the event 
from which the designated period begins to run shall not be included. 
Saturdays, Sundays, and Federal legal holidays shall be included. When a 
stated time expires on a Saturday, Sunday, or Federal legal holiday, the 
stated time period shall be extended to include the next business day.
    (b) Extension of time. The Presiding Officer, or Review Officer as 
appropriate, may grant an extension of time for the filing of any 
pleading, document or motion upon timely motion of a party to the 
proceeding, for good cause shown, and after consideration of prejudice 
to other parties, or upon his own motion. Such a motion by a party may 
only be made after notice to all other parties, unless the movant can 
show good cause why serving notice is impracticable. The motion shall be 
filed in advance of the date on which the pleading, document or motion 
is due to be filed, unless the failure of a party to make timely motion 
for extension of time was the result of excusable neglect.
    (c) Service by mail. Service of the Request for a Hearing is 
complete when the return receipt is signed by the Review Officer. 
Service of all other pleadings and documents is complete upon mailing. 
Where a pleading or document is served by mail, 5 days shall be added to 
the time allowed by this part for the filing of a responsive pleading or 
document.



Sec. 305.7  Ex parte discussion of proceeding.

    At no time after the Request for a Hearing is referred to the 
Presiding Officer shall the Presiding Officer discuss ex parte the 
merits of the proceeding with any interested person outside the

[[Page 354]]

Agency, with any Agency staff member who performed a prosecutorial or 
investigative function in such proceeding or a factually related 
proceeding, or with any representative of such person. Any ex parte 
memorandum or other communication addressed to the Presiding Officer 
during the pendency of the proceeding and relating to the merits 
thereof, by or on behalf of any party, shall be regarded as an argument 
made in the proceeding and shall be served upon all other parties. Any 
other party shall be given the opportunity to reply to such memorandum 
or communication.



Sec. 305.8  Examination of documents filed.

    (a) Inspection of Documents. Subject to the provisions of law 
restricting public disclosure of confidential information, any person 
may, during Agency business hours, inspect and copy any document filed 
in any proceeding. Such documents shall be made available by the Claims 
Official, Review Officer, or Hearing Clerk, as appropriate.
    (b) Costs. The cost of duplicating documents filed in any proceeding 
shall be borne by the person seeking copies of such documents. The 
Agency may waive this cost in appropriate cases.



                    Subpart B_Parties and Appearances



Sec. 305.10  Appearances.

    Any party may appear in person or by counsel or other 
representative. A partner may appear on behalf of a partnership and an 
officer may appear on behalf of a corporation. Persons who appear as 
counsel or other representative must conform to the standards of conduct 
and ethics required of practitioners before the courts of the United 
States.



Sec. 305.11  Consolidation and severance.

    (a) Consolidation. The Presiding Officer may, by motion or sua 
sponte, consolidate any or all matters at issue in two or more 
proceedings docketed under this part where:
    (1) There exist common parties or common questions of fact or law;
    (2) Consolidation would expedite and simplify consideration of the 
issues; and
    (3) Consolidation would not adversely affect the rights of parties 
engaged in otherwise separate proceedings.
    (b) Severance. The Presiding Officer may, by motion or sua sponte, 
for good cause shown, order any proceedings severed with respect to any 
or all parties or issues.



                     Subpart C_Prehearing Procedures



Sec. 305.20  Request for a hearing; contents.

    (a) Within 30 days after receiving notice that the Claims Official 
has declined to pay all or part of a claim, the claimant may file a 
Request for a Hearing with the Review Officer. The Request for a Hearing 
shall contain:
    (1) A statement of the authority for the Request for a Hearing;
    (2) A concise statement of the reasons that the Requestor disputes 
the Claims Official's denial of all or part of the claim;
    (3) A request for an administrative hearing concerning the Claims 
Official's total or partial denial of his claim pursuant to this part; 
and
    (4) A statement of amount that the Requestor demands to be awarded 
from the Fund.
    (b) The Requestor must file with the Request for a Hearing two 
copies of:
    (1) The Preauthorization Decision Document for the response work 
that is the subject of the claim;
    (2) The claim filed with EPA pursuant to CERCLA section 111(a)(2) or 
122(b)(1); and
    (3) The written notice from the Claims Official denying all or part 
of the claim.



Sec. 305.21  Amendment of request for a hearing; withdrawal.

    (a) Amendment of Request for a Hearing. The Requestor may amend the 
Request for a Hearing once as a matter of right at any time before the 
answer is filed. Otherwise the Requestor may amend the Request for a 
Hearing only upon motion granted by the Presiding Officer. The Claims 
Official shall have 10 additional days from the date of

[[Page 355]]

service of the amended claim to file his answer.
    (b) Withdrawal of Request for a Hearing. The Requestor may withdraw 
the Request for a Hearing, or any part thereof, without prejudice one 
time before the answer has been filed. After one withdrawal without 
prejudice before the filing of an answer, or after the filing of an 
answer, the Requestor may withdraw the Request for a Hearing, or any 
part thereof, without prejudice, only upon motion granted by the 
Presiding Officer. In no case may a Request for a Hearing be filed more 
than 30 days after the Requestor has received notice that the Claims 
Official has declined to pay all or part of a claim.



Sec. 305.22  Answer to the request for a hearing.

    (a) General. The Claims Official shall file an original and one copy 
of a written answer to the Request for a Hearing with the Hearing Clerk 
when he: contests any material fact upon which the Request for a Hearing 
is based; contends that the amount of money demanded in the Request for 
a Hearing is inappropriate; or contends that he is entitled to judgment 
as a matter of law. Any such answer to the Request for a Hearing must be 
filed with the Hearing Clerk and served on all parties within 15 days 
after the Presiding Officer has assumed jurisdiction over the case as 
provided by Sec. 305.4(d).
    (b) Contents of the answer. The answer shall clearly and directly 
admit, deny, or explain each of the factual allegations in the Request 
for a Hearing with regard to which the Claims Official has any 
knowledge. When the Claims Official has no knowledge of a particular 
allegation and so states, the allegation is deemed denied. The answer 
shall also state:
    (1) The circumstances or arguments which are alleged to constitute 
the grounds of defense; and
    (2) The facts which the Claims Official intends to place at issue.
    (c) Failure to admit, deny, or explain. Failure of the Claims 
Official to admit, deny or explain any material factual allegation 
contained in the claim constitutes an admission of the allegation.
    (d) Amendment of the answer. The Claims Official may amend the 
answer to the Request for a Hearing upon motion granted by the Presiding 
Officer.



Sec. 305.23  Motions.

    (a) General. All motions, except those made orally on the record 
during a hearing, shall: be in writing; state the grounds therefor with 
particularity; set forth the relief sought and a proposed order; and be 
accompanied by an affidavit, certificate, other evidence, or legal 
memorandum relied upon. Such motions shall be served as provided by 
Sec. 305.5(b)(2)(i).
    (b) Response to motions. A party's response to any written motion 
must be filed within 10 days after service of such motion, unless 
additional time is allowed for such response. The response shall be 
accompanied by any affidavit, certificate, other evidence or legal 
memorandum relied upon. If no response is filed within the designated 
period, the parties may be deemed to have waived any objection to the 
granting of the motion. The Presiding Officer may set a shorter time for 
response, or make such other orders concerning the disposition of 
motions as he deems appropriate.
    (c) Decision. The Presiding Officer, or Chief Administrative Law 
Judge, in the absence of a Presiding Officer, shall rule on all motions. 
Oral argument on motions will be permitted in the discretion of the 
Presiding Officer. See Sec. 305.4(a) concerning motions to extend the 
time limit for final orders.



Sec. 305.24  Default order.

    (a) Default. A party may be found to be in default: after motion, 
upon failure of the Claims Official to file a timely answer to the 
Request for a Hearing; after motion or sua sponte, upon failure to 
comply with a prehearing or hearing order of the Presiding Officer; or 
after motion or sua sponte, upon failure to appear at a conference or 
hearing without good cause being shown. No finding of default on the 
basis of failure to appear at a hearing shall be made against the Claims 
Official unless the Requestor presents sufficient evidence to the 
Presiding Officer to establish a prima facie case in support of his 
claim. Any motion for a

[[Page 356]]

default order shall include a proposed default order and shall be served 
upon all parties. The alleged defaulting party shall have 10 days from 
service to reply to the motion. Default by the Claims Official 
constitutes, for purposes of the pending action only, an admission of 
all facts alleged in the claim and a waiver of his right to a hearing on 
such factual allegations. Default by the Requestor may result in the 
dismissal of the Request for a Hearing with prejudice.
    (b) Procedures upon default. When the Presiding Officer finds a 
default has occurred, he shall issue a default order against the 
defaulting party. The default order shall constitute the final order in 
the proceeding, and shall be filed with the Hearing Clerk.
    (c) Contents of a default order. A default order shall include 
findings of fact showing the grounds for the order; conclusions 
regarding all material issues of law; costs to be assessed pursuant to 
Sec. 305.36, if applicable; and, the amount to be awarded the claimant, 
if any.
    (d) Setting aside a default order. For good cause shown, the 
Presiding Officer may set aside a default order.



Sec. 305.25  Informal settlement; voluntary agreement.

    (a) Settlement policy. The Agency encourages settlement of a 
proceeding at any time if the settlement is consistent with the 
provisions and objectives of the Act and applicable regulations. 
Settlement conferences shall not affect the Claims Official's obligation 
to file a timely answer under Sec. 305.22.
    (b) Voluntary agreement. The voluntary agreement shall state that, 
for the purpose of this proceeding, the Claims Official consents to the 
award of a sum certain to the Requestor or in the case of no award, that 
both parties agree to settle the matter. The voluntary agreement shall 
include an order acceptable to both the Requestor and EPA, and shall be 
signed by all parties or their counsel or representatives. A voluntary 
agreement is effective without approval of the Presiding Officer and is 
a final order as defined in this part.



Sec. 305.26  Prehearing conference.

    (a) Purpose of prehearing conference. Unless a conference appears 
unnecessary, the Presiding Officer, at any time before the hearing 
begins, shall direct the parties and their counsel or other 
representatives to appear at a conference before him to consider:
    (1) The settlement of the case;
    (2) The simplification of issues and stipulation of facts not in 
dispute;
    (3) The necessity or desirability of amendments to the pleadings;
    (4) The exchange of exhibits, documents, prepared testimony, and 
admissions or stipulations of fact which will avoid unnecessary proof;
    (5) The limitation of the number of expert or other witnesses;
    (6) Setting a time and place for the hearing; and
    (7) Any other matters which may expedite the disposition of the 
proceeding.
    (b) Exchange of witness lists and documents. Unless otherwise 
ordered by the Presiding Officer, each party at the prehearing 
conference shall make available to all other parties: the names of the 
expert and other witnesses he intends to call, together with a brief 
narrative summary of their expected testimony; and copies of all 
documents and exhibits which each party intends to introduce into 
evidence. Documents and exhibits shall be marked for identification as 
ordered by the Presiding Officer. Documents that have not been exchanged 
and witnesses whose names have not been exchanged shall not be 
introduced into evidence or allowed to testify without permission of the 
Presiding Officer. The Presiding Officer shall allow the parties 
reasonable opportunity to review new evidence.
    (c) Record of the prehearing conference. No transcript of a 
prehearing conference relating to settlement shall be made. With respect 
to other prehearing conferences, no transcript of any prehearing 
conferences shall be made unless ordered by the Presiding Officer upon 
motion of a party or sua sponte. The Presiding Officer shall prepare and 
file for the record a written summary of the action taken at the 
conference and shall serve that summary on all parties in the manner 
provided in

[[Page 357]]

Sec. 305.5(b)(2). The summary shall incorporate any written 
stipulations or agreements of the parties and all rulings and 
appropriate orders containing directions to the parties.
    (d) Location of the prehearing conference. The prehearing conference 
shall be held in the county where the release occurred, in the city in 
which the EPA Regional Office is located (in the Region where the 
release or threat of release occurred), or in Washington, DC, unless the 
Presiding Officer determines that there is good cause to hold it at 
another location or by telephone.
    (e) Unavailability of a prehearing conference. If a prehearing 
conference is unnecessary or impracticable, the Presiding Officer, on 
motion or sua sponte, may direct the parties to correspond with him to 
accomplish any of the objectives set forth in this section.
    (f) Other discovery. (1) Discovery shall include any of the methods 
described in rule 26(a) of the Federal Rules of Civil Procedure.
    (2) The parties may conduct any mutually agreed upon discovery 
without participation or determination of the Presiding Officer except 
that such voluntary discovery may be subject to such time limitations as 
the Presiding Officer deems appropriate.
    (3) Except as provided by paragraphs (b) and (f)(2) of this section, 
further discovery, under this section, shall be permitted only pursuant 
to order of the Presiding Officer. Any party to the proceeding desiring 
an order of discovery shall make a motion therefore. Such motion shall 
set forth:
    (i) The circumstances warranting the discovery;
    (ii) The nature of the information expected to be discovered; and
    (iii) The method of discovery sought, including, where relevant, the 
proposed time and place where the discovery will be conducted.
    (4) The Presiding Officer shall issue an order for discovery only 
upon a showing of good cause and upon a determination:
    (i) That such discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not otherwise 
obtainable; and
    (iii) That such information has significant probative value.

If the Presiding Officer determines that the motion should be granted, 
he shall issue an order for such discovery together with the conditions 
and terms thereof.
    (5) The Presiding Officer shall order depositions upon oral 
questions only upon a finding that:
    (i) The information sought cannot be obtained by alternative methods 
of discovery; or
    (ii) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (6) When the information sought to be obtained is within the control 
of one of the parties, failure to comply with an order issued pursuant 
to this paragraph may lead to:
    (i) The inference that the information to be discovered would be 
adverse to the party from whom the information was sought; or
    (ii) The issuance of a default order under Sec. 305.24(a).
    (g) Interpreters. The Presiding Officer shall make the necessary 
arrangements for the services of an interpreter upon the motion of a 
party or sua sponte. The cost of the interpreter shall normally be borne 
by the party requesting the service, but the Presiding Officer may 
apportion the cost among the parties as justice demands.



Sec. 305.27  Accelerated order, order to dismiss.

    (a) General. The Presiding Officer, upon motion of any party or sua 
sponte, may at any time render an accelerated order in favor of the 
Requestor or the Claims Official as to all or any part of the 
proceeding, without further hearing or upon such limited additional 
evidence, such as affidavits, as he may require, if no genuine issue of 
material fact exists and the party is entitled to judgment as a matter 
of law, as to all or any part of the proceeding. In addition, the 
Presiding Officer, upon motion of the Claims Official, may at any time 
dismiss a Request for a Hearing without further hearing or upon such

[[Page 358]]

limited additional evidence as he requires, on the basis of failure to 
establish a prima facie case or other grounds which show no right to 
relief on the part of the Requestor.
    (b) Effect. (1) If an accelerated order or an order to dismiss is 
issued as to all the issues in the proceeding, the order constitutes the 
final order of the Presiding Officer, and shall be filed with the 
Hearing Clerk.
    (2) If an accelerated order or an order to dismiss is rendered on 
less than all issues in the proceeding, the Presiding Officer shall 
determine what material facts exist without substantial controversy and 
what material facts remain controverted in good faith. He shall 
thereupon issue an interlocutory order specifying the facts which appear 
substantially uncontroverted, and the issues upon which the hearing will 
proceed.



                       Subpart D_Hearing Procedure



Sec. 305.30  Scheduling the hearing.

    (a) Filing of answer. When an answer is filed, the Hearing Clerk 
shall forward such answer to the Presiding Officer.
    (b) Notice of hearing. The Presiding Officer shall serve upon the 
parties a notice of hearing setting forth a time and place for the 
hearing. The Presiding Officer may issue the notice of hearing at any 
appropriate time, but not later than 20 days prior to the date set for 
the hearing.
    (c) Postponement of hearing. No request for postponement of a 
hearing shall be granted except upon motion and for good cause shown.
    (d) Location of the hearing. The location of the hearing shall be 
determined in accordance with the method of determining the location of 
a prehearing conference under Sec. 305.26(d).



Sec. 305.31  Evidence.

    (a) General. The Presiding Officer shall admit all evidence which is 
not irrelevant, immaterial, unduly repetitious, or otherwise unreliable 
or of little probative value, except that evidence which would be 
excluded in the Federal courts under Rule 408 of the Federal Rules of 
Evidence (28 U.S.C. appendix) is not admissible. In the presentation, 
admission, disposition, and use of evidence, the Presiding Officer shall 
follow the provisions regarding confidential business information of 40 
CFR part 2, subpart B for CERCLA. The commercial or trade secret status 
of any information shall not, however, preclude its being introduced 
into evidence. The Presiding Officer may make such orders as may be 
necessary to consider such evidence in camera, including the preparation 
of a supplemental final order to address questions of law or fact which 
arise out of that portion of the evidence which is confidential or which 
includes trade secrets. For the purpose of recording the hearing, the 
court reporter shall be considered ``a person under contract or 
subcontract to EPA to perform work for EPA in connection with the Act or 
regulations which implement the Act'' pursuant to 40 CFR 2.301(h)(2); 
unless the affected business, as defined in 40 CFR 2.201(d), agrees to 
some other procedures approved by the Presiding Officer.
    (b) Examination of witnesses. Witnesses shall be examined orally, 
under oath or affirmation, except as otherwise provided in this part or 
by the Presiding Officer. A party shall have the right to cross-examine 
a witness who appears at the hearing provided that such cross-
examination is not unduly repetitious.
    (c) Verified statements. The Presiding Officer may admit and insert 
into the record as evidence, in lieu of oral testimony, statements of 
fact or opinions prepared by a witness. The admissibility of the 
evidence contained in the statement shall be subject to the same rules 
as if the testimony were produced under oral examination. Before any 
such statement is read or admitted into evidence, the witness shall 
deliver a copy of the statement to the Presiding Officer, the reporter, 
and opposing counsel. The witness presenting the statement shall swear 
to or affirm the statement and shall be subject to appropriate oral 
cross-examination upon the contents thereof.
    (d) Admission of affidavits and other statements where the witness 
is unavailable. The Presiding Officer may admit into evidence affidavits 
and other

[[Page 359]]

verified written statements of witnesses who are unavailable. The term 
``unavailable'' shall have the meaning accorded to it by rule 804(a) of 
the Federal Rules of Evidence.
    (e) Exhibits. Where practicable, an original and one copy of each 
exhibit shall be filed with the Presiding Officer for the record and 
copy shall be furnished to each party. A true copy of any exhibit may be 
substituted for the original.
    (f) Official notice. Official notice may be taken of any matter 
which may be judicially noticed in the Federal courts and of other facts 
within the specialized knowledge and experience of the Agency. Opposing 
parties shall be given adequate opportunity to show that such facts are 
erroneously noticed.



Sec. 305.32  Objections and offers of proof.

    (a) Objection. Any objection concerning the conduct of the hearing 
may be stated orally or in writing during the hearing. The party raising 
the objection must supply a short statement of its grounds. The ruling 
by the Presiding Officer on any objection and the reasons given for it 
shall be part of the record. An exception to each objection overruled 
shall be automatic and is not waived by further participation in the 
hearing.
    (b) Offer of proof. Whenever evidence is excluded from the record, 
the party offering the evidence may make an offer of proof, which shall 
be included in the record. The offer of proof for excluded oral 
testimony shall consist of a brief statement describing the nature of 
the evidence excluded. The offer of proof for excluded documents or 
exhibits shall consist of the insertion into the record of the documents 
or exhibits excluded.



Sec. 305.33  Burden of presentation; burden of persuasion.

    The Requestor has the burden of going forward with his case and of 
proving that the amount demanded in the Request for a Hearing is 
justified. Accordingly, the Requestor bears the burdens of presentation 
and persuasion. Following the establishment of a prima facie case, the 
Claims Official shall have the burden of presenting and of going forward 
with any defense to the allegations set forth in the Request for a 
Hearing. Each matter of controversy shall be determined by the Presiding 
Officer upon a preponderance of the evidence.



Sec. 305.34  Filing the transcript.

    The hearing shall be transcribed verbatim. Promptly following the 
taking of the last evidence, the reporter shall transmit to the Hearing 
Clerk the original and as many copies of the transcript of testimony as 
are called for in the reporter's contract with the Agency, and also 
shall transmit to the Presiding Officer a copy of the transcript. A 
certificate of service shall accompany each copy of the transcript. The 
Hearing Clerk shall notify all the parties of the availability of the 
transcript and shall furnish the Requestor with a copy of the transcript 
upon payment of the cost of reproduction, unless a Requestor can show 
that the cost is unduly burdensome. Any person not a party to the 
proceeding may receive a copy of the transcript upon payment of the 
reproduction fee, except for those parts of the transcript ordered to be 
kept confidential by the Presiding Officer. Any party may file a motion 
to correct the transcript in accordance with the provision of Sec. 
305.23.



Sec. 305.35  Proposed findings, conclusions, and order.

    Within 20 days after the parties are notified of the availability of 
the transcript, any party may submit for the consideration of the 
Presiding Officer proposed findings of fact, conclusions of law, and a 
proposed order, together with briefs in support thereof. The Presiding 
Officer shall set a time by which reply briefs may be submitted. The 
Presiding Officer may by order extend the time or change the schedule of 
such submissions or allow further submissions as may be appropriate. All 
submissions shall be in writing, shall be served upon all parties, and 
shall contain references to the record for all proposed findings of fact 
and appropriate citations for authorities relied upon.



Sec. 305.36  Final order; costs.

    (a) Filing and content. The Presiding Officer shall issue and file 
with the

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Hearing Clerk a final order as soon as practicable after the period for 
filing reply briefs under Sec. 305.35 has expired, but within the time 
allowed for issuance of a final order as prescribed by Sec. 305.4(d). 
The final order shall contain his findings of fact, conclusions of law, 
as well as the reasons therefor, and an order for an award for a sum 
certain, or an explanation of why no award is granted.
    (b) Costs. If the Presiding Officer concludes in writing that the 
Request for a Hearing was frivolous, he may direct the Hearing Clerk to 
assess all or part of the costs of the proceeding against the Requestor. 
In such case, the Hearing Clerk shall assess such costs as directed by 
the Presiding Officer, and shall serve notice of such direction and the 
amount of such costs on all parties. No later than 5 days after receipt 
of notice of assessment of costs, the Requestor may move that the 
Presiding Officer review the assessment of costs by the Hearing Clerk. 
The Presiding Officer may uphold, reverse, or modify the action of the 
Hearing Clerk in assessing costs.



PART 307_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
LIABILITY ACT (CERCLA) CLAIMS PROCEDURES--Table of Contents




                            Subpart A_General

Sec.
307.10 Purpose.
307.11 Scope and applicability.
307.12 Use of number and gender.
307.13 Computation of time.
307.14 Definitions.
307.15 Penalties.

    Subpart B_Eligible Claimants; Allowable Claims; Preauthorization

307.20 Who may present claims.
307.21 Nature of eligible claims.
307.22 Preauthorization of response actions.
307.23 EPA's review of preauthorization applications.

     Subpart C_Procedures for Filing and Processing Response Claims

307.30 Requesting payment from the potentially responsible party.
307.31 Filing procedures.
307.32 Verification, award, and administrative hearings.
307.33 Records retention.

                   Subpart D_Payments and Subrogation

307.40 Payment of approved claims.
307.41 Subrogation of claimants' rights to the Fund.
307.42 Fund's obligation in the event of failure of remedial actions 
          taken pursuant to CERCLA section 122.

Appendix A to Part 307--Application for Preauthorization of a CERCLA 
          Response Action
Appendix B to Part 307--Claim for CERCLA Response Action
Appendix C to Part 307--Notice of Limitations on the Payment of Claims 
          for Response Actions, Which Is To Be Placed in the Federal 
          Register Preamble Whenever Sites Are Added to the Final NPL
Appendix D to Part 307--Notice of Limitations on the Payment of Claims 
          for Response Actions Which Is To Be Placed in Public Dockets

    Authority: 42 U.S.C. 9601 et seq.; sections 4 and 9, E.O. 12580, 52 
FR 2923, 3 CFR, 1987 Comp. p. 193.

    Source: 58 FR 5475, Jan. 21, 1993, unless otherwise noted.



                            Subpart A_General



Sec. 307.10  Purpose.

    This part prescribes the appropriate forms and procedures for 
presenting claims for necessary response costs as authorized by section 
112(b)(1) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) (herein referred to as CERCLA, or the 
Act) (42 U.S.C. 9601 et seq.). Such claims may be presented to the 
Hazardous Substance Superfund (the Fund) established by section 9507 of 
the Internal Revenue Code of 1986. See section 101(11) of CERCLA.



Sec. 307.11  Scope and applicability.

    (a) The following may be submitted only through the procedures 
established by this part: claims for responses to a release or 
substantial threat of release of a hazardous substance into the 
environment; claims for responses to a release or substantial threat of 
release of any pollutants or contaminants into the environment, which 
may present an imminent and

[[Page 361]]

substantial danger to public health or welfare; and claims for response 
actions undertaken pursuant to settlement agreements in which the 
Federal Government agrees to reimburse a portion of the cost. Under this 
part, persons may bring claims for necessary costs incurred in carrying 
out the National Contingency Plan (NCP) (40 CFR part 300) developed 
under section 311(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) and revised pursuant to section 105 of CERCLA. Only 
response actions that EPA has preauthorized are eligible for 
reimbursement through the claims process of section 112 of CERCLA. 
Authority for the payment of claims for response costs is provided by 
section 111(a)(2) of CERCLA. Authority for the reimbursement of certain 
costs incurred by parties to a settlement agreement entered pursuant to 
section 122 of CERCLA is provided by section 122(b) of CERCLA.
    (b) This part does not affect the terms and conditions contained in 
Preauthorization Decision Documents (PDDs) issued prior to the effective 
date of this part. However, a potential claimant may elect to comply 
with the provisions of this part, rather than the terms and conditions 
of a PDD issued prior to the effective date of this part, if he so 
chooses. Written notice of this election must be provided to EPA by the 
potential claimant prior to such provision taking effect, but not later 
than the time of the submittal of any claim to EPA. EPA will provide a 
written acknowledgement of the potential claimant's election and may 
revise the PDD as appropriate.



Sec. 307.12  Use of number and gender.

    As used in this part, words in the singular also include the plural 
and vice versa, and words in the masculine gender also include the 
feminine, as the case may require.



Sec. 307.13  Computation of time.

    In computing any period of time described or allowed in this part, 
except as otherwise provided, the day of the event from which the 
designated period begins to run shall not be included. Saturdays, 
Sundays, and Federal legal holidays shall be included. When a stated 
time expires on a Saturday, Sunday, or Federal legal holiday, the stated 
time period shall be extended to include the next business day.



Sec. 307.14  Definitions.

    Terms that are not defined in this section or restated herein, shall 
have the meaning set forth in section 101 of CERCLA or the 1990 NCP or 
any final revision thereto. As used in this part, the following words 
and terms shall have the meanings set forth below:
    Act or CERCLA both mean the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended by the Superfund 
Amendments and Reauthorization Act of 1986.
    Administrative hearing means an administrative adjudication required 
by section 112(b)(2) of CERCLA in the event a claimant contests a 
determination of his claim made by the U.S. Environmental Protection 
Agency (EPA).
    Assistance agreement means the legal instrument EPA uses to transfer 
money, property, services, or anything of value to a recipient to 
accomplish a public purpose. It is either a grant or cooperative 
agreement (see 40 CFR part 35) and will specify: budget and project 
periods; the Federal share of eligible project costs; a description of 
the work to be accomplished; and any special conditions.
    Claim means a demand in writing for a sum certain presented to the 
Fund in accordance with sections 111 and 112 of CERCLA.
    Claimant means any person who presents a claim to the Fund for 
reimbursement under section 112(b)(1) of CERCLA.
    Contractor claim means the disputed portion of a written demand or 
written assertion by any contractor who has contracted with a person 
(i.e., the owner) for the conduct of a preauthorized response action, 
seeking as a matter of right, the payment of money, adjustment, or 
interpretation of contract terms, or other relief, arising under or 
related to a contract, which has been finally rejected or not acted upon 
by the owner and which is subsequently settled by the owner or is 
awarded by a third party in accordance with the disputes clause of the 
contract document.

[[Page 362]]

    Eligible claim means any claim that has satisfied the requirements 
set forth in Sec. 307.21(b).
    Facility as defined by section 101(9) of CERCLA, means any:
    (1) Building, structure, installation, equipment, pipe or pipeline 
(including any pipe into sewer or publicly owned treatment works), well, 
pit, pond, lagoon, impoundment, ditch, landfill, storage container, 
motor vehicle, rolling stock, or aircraft; or
    (2) Any site or area where a hazardous substance has been deposited, 
stored, disposed of, or placed, or otherwise come to be located; but 
does not include any consumer product in consumer use or any vessel.
    Fund means the Hazardous Substance Superfund established by section 
9507 of the Internal Revenue Code of 1986.
    Hazardous substance as defined by section 101(14) of CERCLA, means:
    (1) Any substance designated pursuant to section 311(b)(2)(A) of the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
    (2) Any element, compound, mixture, solution, or substance 
designated pursuant to section 102 of CERCLA;
    (3) Any hazardous waste having the characteristics identified under 
or listed pursuant to section 3001 of the Solid Waste Disposal Act (42 
U.S.C. 6801 et seq.) (but not including any waste the regulation of 
which under the Solid Waste Disposal Act has been suspended by Act of 
Congress);
    (4) Any toxic pollutant listed under section 307(a) of the Federal 
Water Pollution Control Act;
    (5) Any hazardous air pollutant listed under section 112 of the 
Clean Air Act (42 U.S.C. 7401 et seq.); and
    (6) Any imminently hazardous chemical substance or mixture with 
respect to which the Administrator of EPA (Administrator) has taken 
action pursuant to section 7 of the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.). The term does not include petroleum, including 
crude oil or any fraction thereof which is not otherwise specifically 
listed or designated as a hazardous substance under paragraphs (1) 
through (6) of this definition, and the term does not include natural 
gas, natural gas liquids, liquefied natural gas, or synthetic gas usable 
for fuel (or mixtures of natural gas and such synthetic gas).
    National Contingency Plan, or NCP means the National Oil and 
Hazardous Substances Pollution Contingency Plan (40 CFR part 300) 
developed under section 311(c) of the Federal Water Pollution Control 
Act and revised pursuant to section 105 of CERCLA.
    Necessary costs means ``necessary response costs'' as required by 
section 111(a)(2) of CERCLA for Fund reimbursement of a preauthorized 
response action. Necessary response costs are costs determined to be:
    (1) Required (based upon the site-specific circumstances);
    (2) Reasonable (nature and amount do not exceed that estimated or 
which would be incurred by a prudent person);
    (3) Allocable (incurred specifically for the site at issue); and
    (4) Otherwise allowable (consistent with the limitations and 
exclusions under the appropriate Federal cost principles). See OMB 
Circular A-122 (non-profit organizations); OMB Circular A-87 (States and 
political subdivisions); and 48 CFR part 31, subparts 31.1 and 31.2 
(profit-making organizations).
    NPL means the National Priorities List established pursuant to 
section 105 of CERCLA and 40 CFR 300.425, which consists of uncontrolled 
hazardous substance facilities in the United States that need to be 
addressed under CERCLA authorities. Only NPL sites are eligible for 
Fund-financed remedial action.
    Operable unit means a discrete action that comprises an incremental 
step toward comprehensively addressing site problems. This discrete 
portion of a remedial response manages migration, or eliminates or 
mitigates a release, threat of release, or pathway of exposure. The 
cleanup of a site can be divided into a number of operable units, 
depending on the complexity of the problems associated with the site. 
Operable units may address geographical portions of a site, specific 
site problems, or initial phases of an action, or may consist of any set 
of actions performed over time or any actions that are concurrent but 
located in different parts of a site. Operable units will not impede 
implementation of subsequent

[[Page 363]]

actions, including final action at the site.
    Party means EPA or a claimant.
    Perfected means the point at which EPA determines that the written 
demand for a sum certain (i.e., claim) has the documentation necessary 
to substantiate the appropriateness of the amounts claimed; i.e., the 
claim is technically complete.
    Person as defined by section 101(21) of CERCLA, means an individual, 
firm, corporation, association, partnership, consortium, joint venture, 
commercial entity, United States Government, State, municipality, 
commission, political subdivision of a State, or any interstate body.
    Political subdivision means any general purpose unit of a local or 
State government.
    Pollutant or Contaminant as defined by section 101(33) of CERCLA, 
includes, but is not limited to, any element, substance, compound, or 
mixture, including disease-causing agents, which after release into the 
environment and upon exposure, ingestion, inhalation, or assimilation 
into any organism, either directly from the environment or indirectly by 
ingestion through food chains, will or may reasonably be anticipated to 
cause death, disease, behavioral abnormalities, cancer, genetic 
mutation, physiological malfunctions (including malfunctions in 
reproduction) or physical deformations in such organisms or their 
offspring. The term does not include petroleum, including crude oil and 
any fraction thereof which is not otherwise specifically listed or 
designated as a hazardous substance under section 101(14)(A) through (F) 
of the Act, nor does it include natural gas, liquefied natural gas, or 
synthetic gas of pipeline quality (or mixtures of natural gas and such 
synthetic gas).
    Preauthorization means EPA's prior approval to submit a claim 
against the Fund for necessary response costs incurred as a result of 
carrying out the NCP. The process of preauthorization consists of three 
steps:
    (1) EPA's receipt of the application for preauthorization;
    (2) EPA's review and analysis of the application; and
    (3) EPA's issuance of the Preauthorization Decision Document, which 
sets forth the terms and conditions for reimbursement.
    Preauthorized response actions are response actions approved through 
the preauthorization process.
    Respond or Response as defined by section 101(25) of CERCLA, means 
remove, removal, remedy, and remedial action, all such terms (including 
removal and remedial action) including enforcement activities related 
thereto.
    Response claim means a preauthorized demand in writing for a sum 
certain for response costs referred to in section 111(a)(2) of CERCLA, 
including certain costs of actions referred to in section 122(b)(1) of 
CERCLA.



Sec. 307.15  Penalties.

    (a) If any person knowingly gives a material statement or 
representation in the application for preauthorization or in the claim 
that is false, misleading, misrepresented, or misstated, and EPA relies 
upon such a statement or representation in making its decision, the 
preauthorization or the award by EPA may be withdrawn following written 
notice to the claimant.
    (b) Any person who knowingly gives, or causes to be given, any false 
information as part of an application for preauthorization or of a claim 
(including any person who meets the conditions of paragraph (a) of this 
section) may, upon conviction, be fined or imprisoned in accordance with 
CERCLA section 112(b)(1) and other laws.



    Subpart B_Eligible Claimants; Allowable Claims; Preauthorization



Sec. 307.20  Who may present claims.

    (a) Subject to the provisions of this subpart, claims for the costs 
of response actions may be asserted against the Fund by any person other 
than the United States Government, States, and political subdivisions 
thereof, except to the extent the claimant is otherwise compensated for 
the loss. States and political subdivisions may assert such claims if 
they are potentially responsible parties subject to an agreement reached 
pursuant to section 122(b)(1) of CERCLA.

[[Page 364]]

    (b) Claims presented by an individual must be signed by that 
individual. If, because of death, disability, or other reasons 
satisfactory to EPA, the foregoing requirement cannot be fulfilled, the 
claim may be filed by a duly authorized agent, executor, administrator, 
or other legal representative. A claim presented by an entity or an 
authorized agent, executor, administrator, or other legal representative 
must be presented in the name of the claimant. The claim must be signed 
by the authorized agent, executor, administrator, or other legal 
representative (including the title or legal capacity of the person 
signing) and be accompanied by evidence of the authority to present a 
claim on behalf of the claimant as authorized agent, executor, 
administrator, or other legal representative.
    (c) A claim for response costs as to which any release from 
liability was executed between the claimant and a potentially 
responsible party may be presented against the Fund to the extent that 
the claimant obtained EPA's approval prior to executing such release and 
provided that the other requirements of this part are met.
    (d) A foreign claimant may present a response claim to the Fund, to 
the same extent that a United States claimant may assert a claim, if:
    (1) The requirements of Sec. 307.21 and Sec. 307.22 are met; and
    (2) The release of a hazardous substance occurred in the navigable 
waters of the United States, including the territorial sea, or in or on 
the territorial sea or adjacent shoreline of a foreign country of which 
the claimant is a resident; and
    (3) The claimant is not otherwise compensated for the loss; and
    (4)The hazardous substance was released from a facility or from a 
vessel located adjacent to or within the navigable waters or was 
discharged in connection with activities conducted under the Outer 
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.), or the 
Deepwater Port Act of 1974, as amended (33 U.S.C. 1501 et seq.); and
    (5) Recovery is authorized by a treaty or an executive agreement 
between the United States and the foreign country involved, or if the 
Secretary of State, in consultation with the Attorney General and other 
appropriate officials, certifies that such country provides a comparable 
remedy for United States claimants.



Sec. 307.21  Nature of eligible claims.

    (a) Claims may be asserted against the Fund for necessary costs 
incurred for response actions due to a release or substantial threat of 
release of a hazardous substance into the environment; a release or 
substantial threat of release of pollutants or contaminants into the 
environment that may present an imminent or substantial danger to public 
health or welfare; or actions taken by a potentially responsible party 
subject to an agreement reached pursuant to section 122(b)(1) of CERCLA. 
Claims must be filed in accordance with Sec. 307.22. Claims may be 
asserted for the costs of removal actions, remedial planning activities, 
and remedial actions.
    (b) Costs will be considered to be eligible under this section if:
    (1) The response action is preauthorized by EPA pursuant to Sec. 
307.22;
    (2) The costs are incurred for activities within the scope of EPA's 
preauthorization;
    (3) The response action is conducted in a manner consistent with the 
NCP; and
    (4) The costs incurred are necessary costs pursuant to Sec. 307.11 
of this part.
    (c)Money in the Fund may be used for paying any claim under this 
section for expenses incurred for the payment of contractor claims 
either through settlement of such claims or an award by a third party to 
the extent EPA determines that:
    (1) The contractor claim arose from work within the scope of the 
contract at issue and the contract was for preauthorized response 
activities;
    (2) The contractor claim is meritorious;
    (3) The contractor claim was not caused by the mismanagement of the 
claimant;
    (4) The contractor claim was not caused by the claimant's vicarious 
liability for the improper actions of others;

[[Page 365]]

    (5) The claimed amount is reasonable and necessary;
    (6) The claim for such costs is filed by the claimant within 5 years 
of completion of the preauthorized response action; and
    (7) Payment of such a claim will not result in total payments from 
the Fund in excess of the maximum amount for which claims were 
preauthorized.
    (d) An award by a third party on a contractor claim under paragraph 
(c) of this section should include:
    (1) Findings of fact;
    (2) Conclusions of law;
    (3) Allocation of responsibility for each issue;
    (4) Basis for the amount of award; and
    (5) The rationale for the decision.
    (e) Money in the Fund may not be used for paying any claim under 
this section for expenses incurred for procurement transactions that 
were not conducted in a manner that provided to the maximum extent 
practicable, open and free competition; unduly restricted or eliminated 
competition; and did not provide where applicable for the award of 
contracts to the lowest responsive, responsible bidder where the 
selection was made principally on the basis of price.
    (f) Money in the Fund may not be used for paying any claim under 
this section for expenses incurred by a person operating pursuant to a 
procurement contract or assistance agreement with the United States.
    (g) Money in the Fund may not be used for paying any claim under 
this section for expenses incurred for the payment of persons who are on 
the ``List of Parties Excluded From Federal Procurement or Non-
Procurement'' at the time the contract is awarded, unless EPA approval 
is obtained in advance.
    (h) Unless EPA waives this requirement prior to the award of a 
construction contract, money in the Fund may not be used for paying any 
claim under this section for expenses incurred under such a construction 
contract that does not contain a ``differing site conditions'' clause 
equivalent to the following:
    (1) The contractor shall promptly, and before such conditions are 
disturbed, notify the claimant in writing of:
    (i) Subsurface or latent physical conditions at the site differing 
materially from those listed in this contract, or
    (ii) Unknown physical conditions at the site, of an unusual nature, 
differing materially from those ordinarily encountered and generally 
recognized as inherent in work of the character provided for in this 
contract.
    (2) Upon notification by the construction contractor, the claimant 
shall promptly investigate the conditions. If the claimant finds that 
conditions materially differ and will cause an increase or decrease in 
the contractor's cost or the time required to perform any part of the 
work under its contract, whether or not changed as a result of such 
conditions, the claimant shall make an equitable adjustment and modify 
the contract in writing.
    (3) No claim of the contractor under the differing site conditions 
clause shall be allowed unless the contractor has given the notice 
required in paragraph (h)(1) of this section. However, the claimant may 
extend the time prescribed in paragraph (h)(1) of this section.
    (4) No claim by the contractor for an equitable adjustment shall be 
allowed if asserted after final payment under this contract.
    (i) Where money in the Fund has been used to pay for any response 
costs under this section, no other claim may be paid out of the Fund for 
the same costs.



Sec. 307.22  Preauthorization of response actions.

    (a) No person may submit a claim to the Fund for a response action 
unless that person notifies the Administrator of EPA or his designee 
prior to taking such response action and receives preauthorization by 
EPA. In order to obtain preauthorization, any person intending to submit 
a claim to the Fund must fulfill the following requirements before 
commencing a response action:
    (1) Notify the lead agency through the National Response Center (as 
described in 40 CFR 300.125), if there is acute threat of fire, 
explosion, or direct human contact with hazardous substances, 
pollutants, or contaminants or

[[Page 366]]

other emergency situation, to determine if there is sufficient time to 
submit an application for preauthorization;
    (2) Submit an application for preauthorization (EPA Form 2075-3, 
found at appendix A of this part) to the Administrator or his designee; 
and
    (3) Obtain the approval of the Administrator or his designee before 
initiating the response action.
    (b) All applications for preauthorization must include, where 
available;
    (1) A description of the location and nature of the release or 
threatened release of a hazardous substance or pollutant or contaminant 
(e.g., type and location of vessel or facility, population at risk, 
routes of exposure);
    (2) A description of the nature and quantity of the hazardous 
substance or pollutant or contaminant which has been or may be released, 
including whether the substance is on the list of hazardous substances 
set forth pursuant to section 102 of CERCLA;
    (3) The identity of any potentially responsible parties known to the 
applicant (including the applicant), and any contact with such parties, 
including, but not limited to, any correspondence, agreements, or 
litigation with such parties;
    (4) Evidence of the applicant's eligibility to file a claim pursuant 
to Sec. 307.20;
    (5) An explanation of why the proposed response action is necessary, 
and how the proposed action is consistent with 40 CFR 300.700(d)(4)(ii);
    (6) A description of the applicant's capability (including financial 
and technical capability) to implement the proposed response action;
    (7) Proposed schedule of activities;
    (8) Projected costs of response activities, with the basis for those 
projections (projections shall be based on actual anticipated costs 
without a contingency for unanticipated conditions);
    (9) Proposed schedule for the submission of claims;
    (10) The proposed contracting procedures;
    (11) Proposed procedures for project management, EPA oversight, and 
reporting of progress of the project; and
    (12) The assurances of timely initiation and completion.
    (c) Applications for preauthorization to undertake a removal action 
shall, in addition to the requirements in paragraph (b) of this section, 
include:
    (1) A summary or copy of the preliminary assessment; and
    (2) A description of the proposed removal action for which the claim 
will be made, which environmental requirements are applicable or 
relevant and appropriate, and how the removal will comply with such 
requirements.
    (d) Applications for preauthorization to undertake a remedial 
investigation and feasibility study shall, in addition to the 
requirements in paragraph (b) of this section, include:
    (1) The scope of the proposed study;
    (2) A proposed site sampling plan and quality assurance procedures;
    (3) The plan for the development of alternatives;
    (4) Approaches to consideration of alternatives to land disposal;
    (5) Plans for initial screening of alternatives;
    (6) Proposed procedures for the detailed analysis of alternatives; 
and
    (7) Proposed considerations in selection of the remedy.
    (e) Applications for preauthorization to undertake a remedial 
alternative other than that selected by EPA, or where EPA has not 
selected a remedy, shall, in addition to the requirements in paragraph 
(b) of this section, include a discussion of how the proposed remedy:
    (1) Differs from the one selected by EPA, if applicable;
    (2) Achieves protection of public health and welfare and the 
environment and complies with legally applicable or otherwise relevant 
and appropriate Federal, State, and local requirements pursuant to 40 
CFR 300.400(g) or waivers to those requirements in 40 CFR 
300.430(f)(1)(ii)(C). The application shall also include a discussion of 
pertinent Federal and State guidance, advisories, and criteria;
    (3) Will be cost-effective as set out in section 121(a) of CERCLA 
and 40 CFR 300.430(f)(1)(ii)(D);
    (4) Mitigates and minimizes future risks;

[[Page 367]]

    (5) Improves the reliability of the remedy;
    (6) Utilizes new or innovative technology, if appropriate;
    (7) Employs treatment that reduces the volume, toxicity or mobility 
of the hazardous substances;
    (8) Impacts projected costs; and
    (9) Takes into account appendix D of 40 CFR part 300.
    (f) Applications for preauthorization to undertake a remedial 
action, including those described in paragraph (e) of this section, 
shall in addition to the requirements in paragraph (b) of this section, 
include:
    (1) A description of the proposed remedial action for which the 
claim will be made;
    (2) A proposed site sampling plan and quality assurance procedures;
    (3) Documentation of reasonable effort to obtain the cooperation of 
the State or Indian Tribe;
    (4) A bond or other financial assurance to cover the costs of 
necessary long-term operation and maintenance of the response action or 
written assurance from the State to provide such long-term operation and 
maintenance;
    (5) Proposed procedures using sealed bidding to select the 
construction contractor, or an explanation of why the applicant intends 
to use any other method; and
    (6) Documentation showing that the response will be carried out in 
accordance with applicable or relevant and appropriate environmental 
requirements. Documentation should include the potential impacts on any 
environmentally sensitive areas.
    (g) Claims of business confidentiality may be asserted for 
information submitted to EPA under this subpart. Information claimed 
confidential will be disclosed by EPA only to the extent permitted by 
CERCLA, this subpart, and part 2, subpart B, of this chapter.
    (1) Any claim of business confidentiality must accompany the 
information when it is submitted to EPA. Claims must be asserted as 
prescribed on the forms. Items claimed confidential on the forms and 
attachments to the forms must be clearly marked by circling or 
bracketing them.
    (2) The applicant or response claimant must provide EPA with two 
copies of its submittal if any information is claimed confidential.
    (i) One copy of the submittal must be complete, with items claimed 
confidential clearly marked in accordance with paragraph (g)(1) of this 
section.
    (ii) The second copy must be complete except that all information 
claimed as confidential in the first copy must be deleted. EPA may make 
this second copy available to the public.
    (iii) If the applicant does not provide a redacted copy, the 
application for preauthorization is incomplete. If the claimant does not 
provide a redacted copy, the claim against the Fund will not be 
perfected by EPA. EPA will not process such submittals until it receives 
the redacted copy.
    (3) If a submitter of a response claim or an application for 
preauthorization does not assert a claim of business confidentiality for 
information at the time the information is submitted to EPA, the Agency 
may make the information public without further notice to the submitter.
    (h) In addition to the foregoing, an application for 
preauthorization filed by a potentially responsible party for partial 
reimbursement of response costs shall include:
    (1) A copy of the settlement agreement, or the most recent draft of 
any pending agreement, reached between such parties and the Federal 
Government; and
    (2) If the application is to undertake a remedial investigation and 
feasibility study, an affirmation that the applicant will not directly 
or indirectly benefit from the preauthorization as a response action 
contractor, or as a person hired or retained by such a contractor with 
respect to the site at issue and an agreement to reimburse the Fund for 
any costs incurred under, or in connection with, the oversight contract 
or arrangement for the remedial investigation and feasibility study.
    (i) If it is subsequently determined that the preauthorized response 
actions require modification or if it appears that project costs will 
exceed approved costs, a revised application for preauthorization must 
be approved by

[[Page 368]]

EPA before different, or additional, actions can be undertaken, if such 
actions are to be eligible for compensation from the Fund.
    (j) Unless otherwise specified and agreed to by EPA, the terms, 
provisions, or requirements of a court judgment, Consent Decree, 
administrative order (whether unilateral or on consent), or any other 
consensual agreement with EPA requiring a response action do not 
constitute preauthorization to present a claim to the Fund.



Sec. 307.23  EPA's review of preauthorization applications.

    (a) EPA shall review each preauthorization application and will 
notify the applicant of the decision to grant or deny preauthorization. 
Decisions to grant preauthorization will be memorialized in a PDD.
    (b) Each application for preauthorization must include information 
sufficient for EPA to determine whether the response will be consistent 
with 40 CFR 300.700(d). EPA will evaluate applications based on the 
following non-exclusive list of criteria, as appropriate:
    (1) Whether the release is within the scope of CERCLA;
    (2) The seriousness of the problem or importance of the response 
activity when compared with competing demands on the Fund;
    (3) Whether there is sufficient time to process the request for 
preauthorization (e.g., if a removal action is proposed);
    (4) Whether the party liable for the release or threat of release of 
the hazardous substance is unknown, or if known, has been notified of 
the application for preauthorization and is unwilling or incapable of 
performing the response in a reasonable period of time;
    (5) Whether the State, a political subdivision, or an Indian Tribe 
is willing to undertake the response action through a contract or a 
cooperative agreement;
    (6) The cost and effectiveness of the proposed response actions when 
compared with other alternatives;
    (7) Whether proposed response can be carried out in accordance with 
the NCP and other environmental requirements;
    (8) The applicant's eligibility to file a claim; his capabilities, 
experience, and technical expertise; and his knowledge and familiarity 
with the NCP and relevant guidance;
    (9) Whether the party is proposing to conduct a cleanup through an 
administrative order or a Consent Decree with the Government regarding 
the site for which the request is made (if the applicant is a 
potentially responsible party);
    (10) Whether the applicant, if he is a potentially responsible party 
seeking to undertake a remedial investigation and feasibility study, has 
affirmed that he will not directly or indirectly benefit from the 
preauthorization as a response action contractor, or as a person hired 
or retained by such a contract with respect to the site at issue, and 
agrees to reimburse the Fund for any cost incurred under, or in 
connection with, the oversight contract or arrangement for the remedial 
investigation and feasibility study;
    (11) Whether the proposed costs are eligible and the applicant has 
proposed appropriate procurement, contract management, project 
management, financial management and documentation procedures;
    (12) Whether the applicant has met the necessary assurances, 
financial responsibilities, and other requirements;
    (13) Provisions for long-term operation and maintenance of the site, 
if appropriate;
    (14) Whether the applicant has consulted with the State or Indian 
Tribe on the proposed response action;
    (15) The applicant's proposed procedures for oversight and the 
reporting of project issues and progress;
    (16) Cooperation of the applicant at any earlier stage of response 
activity; and
    (17) Whether the proposed schedule for filing a claim(s) is based 
upon the completion of the project, an operable unit, or a discrete 
phase of the response work.
    (c) The Administrator may grant preauthorization for all or part of 
a proposed response action, but not less than a stage of an operable 
unit or of a response action.
    (1) The Administrator may set a limit on the amount that may be

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claimed as reimbursement from the Fund for any response action.
    (2) The Administrator may condition the preauthorization on such 
inspection, monitoring, reporting, safety, and long-term operation and 
maintenance requirements as he deems necessary. The costs of such 
requirements may not necessarily be reimbursed from the Fund.
    (3) The Administrator may condition the preauthorization on such 
time period for starting and completing the response action as he may 
deem necessary.
    (4) The Administrator may condition the preauthorization on such 
financial or other assurance from the claimant or other entity as he may 
deem necessary to ensure completion of work at the site.
    (5) The Administrator will not subject potentially responsible 
parties who may wish to undertake a remedial investigation and 
feasibility study to a lesser standard of liability nor will he give 
such parties preferential treatment in EPA's review of applications for 
preauthorization.
    (d) If EPA denies a preauthorization because of an insufficient 
balance in the Fund or the low priority assigned to the response action 
when weighed against other applications or uses of the Fund, the 
applicant may resubmit the application in another fiscal year. If 
preauthorization is denied because of the inability of the applicant to 
demonstrate his experience and capabilities, the applicant may resubmit 
the application form only after correcting the deficiencies, or by 
proposing an alternative approach.
    (e) If EPA grants preauthorization, the applicant may begin the 
approved response action subject to the terms and conditions contained 
in the PDD. The applicant, as a condition of preauthorization, shall 
assure that the lead agency shall have such site access as may be 
necessary for oversight and monitoring.
    (f) If the applicant is unable to initiate or complete the 
preauthorized response action, the applicant shall immediately notify 
EPA in writing.
    (g) EPA will not grant preauthorization for any response actions 
where:
    (1) The proposed action is not a response action authorized under 
CERCLA;
    (2) There is a significant threat to the public health or the 
environment caused by acute threat of fire, explosion, direct human 
contact with a hazardous substance, or other similar hazardous 
situations requiring immediate action, and there is insufficient time to 
process an application for preauthorization;
    (3) The proposed response is a remedial action and the site is not 
on the NPL; or
    (4) The action is to be performed by a State, political subdivision, 
Indian Tribe through an assistance agreement with the United States, or 
a person operating pursuant to a contract with the United States.
    (h) EPA will deny preauthorization to a person whom the Agency 
believes is a liable party under section 107 of CERCLA unless 
negotiations are underway aimed at reaching a judicial or administrative 
settlement. Such parties may be preauthorized under this paragraph to 
submit claims to the Fund for response costs up to the maximum amount 
specified in the PDD.



     Subpart C_Procedures for Filing and Processing Response Claims



Sec. 307.30  Requesting payment from the potentially responsible party.

    (a) A claimant must present all claims to any person who is known to 
the claimant and who may be liable under section 107 of CERCLA at least 
60 days before filing a claim against the Fund. The presentation to the 
potentially responsible party must be a written request for payment, 
delivered either by certified mail (return receipt requested) or in such 
a manner as will establish the date of receipt. At a minimum this 
request must contain:
    (1) The name of the claimant (commercial entity or individual);
    (2) The name, title, and address of any authorized representative;
    (3) The location of the release and cleanup;
    (4) The date of the release, if known;
    (5) The owner of the property, if other than the claimant;

[[Page 370]]

    (6) A description of the response action taken; and
    (7) The amount of the request (in dollars);
    (8) If applicable, notice of intent to file a subsequent application 
for preauthorization or claim against the Fund for additional operable 
units or for a stage of a response action.
    (b) Where the potentially responsible party is unknown, the claimant 
must make a good-faith effort to identify the potentially responsible 
party prior to submitting a claim. If the potentially responsible party 
is identified, the claimant must then comply with the procedures of 
Sec. 307.30(a). Where a potentially responsible party cannot be 
identified, the claimant may submit a claim to the Fund pursuant to 
Sec. 307.31. Claims submitted under this paragraph must be accompanied 
by documentation of efforts to identify potentially responsible parties.
    (c) If the claimant and the potentially responsible party agree to a 
settlement involving a release from liability, the claimant may submit a 
claim against the Fund for any costs that are not recovered provided the 
claimant complies with the provisions of Sec. 307.20(c), which require 
EPA's prior approval of such releases from liability.
    (d) If the claim is denied by the potentially responsible party, or 
has not been satisfied after 60 days of presentation to such party, the 
claimant may submit a claim to the Fund in accordance with Sec. 307.31.
    (e) If the first claim was denied by the potentially responsible 
party or not responded to, and EPA agrees that there is no reason to 
believe that subsequent claims would be honored by such potentially 
responsible party, the denial of the first claim, or lack of response, 
shall be considered denial of every subsequent claim.



Sec. 307.31  Filing procedures.

    (a) A response claim must be submitted on EPA Form 2075-4 and must 
include:
    (1) Documentation showing that the claimed response activities were 
preauthorized by EPA;
    (2) Documentation showing that the response activity was 
accomplished in a manner consistent with the PDD, noting any deviation 
from preauthorized activities;
    (3) Documentation that a search to identify potentially responsible 
parties was conducted in accordance with Sec. 307.30 and of any 
contacts with such parties; and
    (4) Substantiation that all claimed costs are necessary costs.
    (b) Claimants (or their authorized representatives) may amend their 
claims at any time before final action by EPA. Amendment of claims after 
final action by EPA will be allowed only at EPA's discretion. Each 
amendment must be submitted in writing and must be signed by the 
claimant or authorized representative. The time limitations of Sec. 
307.32(i) refer to the date by which an amendment is filed.
    (c) Claimants may not pursue both an action in court against 
potentially responsible parties and a claim against the Fund at the same 
time for the same response costs. EPA will return claims presented under 
this subpart when the Agency determines that a claimant has initiated an 
action for recovery of the same response costs, in court, against a 
party potentially liable under section 107 of CERCLA.



Sec. 307.32  Verification, award, and administrative hearings.

    (a) Upon receipt of a response claim, EPA will verify that it 
complies with all filing requirements. Where the claim is incomplete or 
has significant defects, EPA will return the claim to the claimant with 
written notification of its deficiencies.
    (b) A claim returned to the claimant for failure to comply with the 
filing requirements may be resubmitted to EPA.
    (c) For purposes of this part, a response claim is deemed perfected 
when EPA determines that the claim complies fully with the specified 
filing requirements; i.e., the claim is technically complete. When the 
claim is perfected, a notice will be provided to the claimant of EPA's 
receipt and acceptance of the claim for evaluation.
    (d) EPA may adjust claims and in making a determination whether 
costs are allowable, EPA will be guided by the Federal cost principles 
(non-profit

[[Page 371]]

organizations--OMB Circular A-122; States and political subdivisions--
OMB Circular A-87; profit-making organizations--48 CFR part 31, subparts 
31.1 and 31.2).
    (e) In evaluating claims, EPA will determine whether the claimant 
has settled and satisfactorily completed in accordance with sound 
business judgment and good administrative practice all contractual and 
administrative matters arising out of agreements to perform 
preauthorized response actions. This includes the issuance of 
invitations for bids or requests for proposals, selection of 
contractors, approval of subcontracts, settlement of protests, claims 
disputes, and other related procurement matters. EPA will examine how 
the claimant assured (e.g., by the use of a subcontract administration 
system) that work was performed in accordance with the terms, 
conditions, and specifications of such agreements.
    (f) Awards will be made:
    (1) Only for necessary costs of completing the response action or 
stage of an operable unit or of a response action;
    (2) Only to the extent that the response actions were preauthorized 
by EPA pursuant to Sec. 307.23;
    (3) Only to the extent that the cleanup was performed effectively, 
as provided in 40 CFR 300.120(e)(3) and 300.400(h); and
    (4) Only to the extent that the cleanup was performed in compliance 
with the terms and conditions of the PDD.
    (g) No award will be made on a claim where the claimant has 
purported to release a potentially responsible party from liability to 
the United States for the same costs unless EPA has approved the release 
in advance.
    (h) Where a response action is determined to have been ineffective 
due to acts or omissions of the claimant, his employees or agents, or 
any third party having a contractual relationship with the claimant, 
payment of the claim will be adjusted accordingly. EPA may require the 
claimant to submit any additional information needed to determine 
whether the actions taken were reasonable and necessary.
    (i) For claims submitted in connection with a settlement reached 
under section 122(b)(1) of CERCLA only, interest will be paid on amounts 
due if EPA fails to pay the amount within 60 days of a perfected claim.
    (1) Interest shall accrue on the amounts due the claimant where EPA 
fails to pay the claim for the preauthorized response action within 60 
days of EPA's receipt of a perfected claim.
    (2) Where the claim is technically complete but EPA requires 
additional information in order to evaluate the amount claimed, the 
period as stated in paragraph (i)(1) of this section or the accrual of 
interest is suspended from the date the Agency requests the information 
from the claimant until the date the requested information is received.
    (3) Where a claim is denied in whole or in part by EPA, and the 
claimant requests an administrative hearing in accordance with paragraph 
(o) of this section, interest on the disputed amount begins to accrue 50 
days after an award by the Administrative Law Judge, unless an appeal is 
filed. If either party files an appeal with a Federal district court, 
interest will not accrue until 20 days after the final judicial 
decision.
    (4) The rate of interest paid on a claim is the rate of interest on 
investments of the Fund established by Subchapter A of Chapter 98 of the 
Internal Revenue Code of 1954.
    (j) For claims submitted in connection with a settlement reached 
under section 122(b) of CERCLA, a preauthorized potentially responsible 
party will be entitled to full reimbursement only where the response 
action is conducted in complete satisfaction of the requirements set 
forth in the consent order or decree.
    (k) Future site-specific actions required by preauthorized 
potentially responsible parties, and any future obligations on the Fund, 
shall be governed by Sec. 307.42.
    (l) Any withdrawal of preauthorization will be preceded by written 
notice from EPA. The application for preauthorization will be deemed 
invalid and no award will be made from the Fund where the claimant is 
determined by EPA to be liable under section 107 of CERCLA for the costs 
for which the claim is made, and the application for preauthorization

[[Page 372]]

did not disclose that the claimant may be a person described as follows:
    (1) The owner and operator of a vessel or a facility;
    (2) Any person, who at the time of disposal of any hazardous 
substance, owned or operated any facility at which such hazardous 
substances were disposed of;
    (3) Any person who by contract, agreement, or otherwise arranged for 
disposal or treatment, or arranged with a transporter for transport for 
disposal or treatment, of hazardous substances owned or possessed by 
such person, by any other party or entity, at any facility or 
incineration vessel owned or operated by another party or entity and 
containing such hazardous substance; or
    (4) Any person who accepts or accepted any hazardous substances for 
transport to disposal or treatment facilities, incineration vessels or 
sites selected by such person, from which there is a release, or a 
threatened release which causes the incurrence of response costs, of a 
hazardous substance.
    (m) If EPA determines that it cannot complete its evaluation of a 
claim because of insufficient information, it will request the necessary 
information from the claimant. If EPA determines that it cannot complete 
its evaluation of a claim because the records, documents, and other 
evidence were not maintained in accordance with generally accepted 
accounting principles and practices consistently applied, or were for 
any reason inadequate to demonstrate that claimed costs are necessary 
costs, EPA will adjust the claim accordingly. Further consideration of 
such amounts will depend on the adequacy of subsequent documentation. 
Any additional information requested by EPA must be submitted within 30 
days, unless a different period of time is specified by EPA. The failure 
of the claimant to provide in a timely manner the requested information 
without reasonable cause may be cause for denial of the claim.
    (n) Once the claim is perfected, EPA will proceed to:
    (1) Make an award on the claim; or
    (2) Decline to make an award.
    (o) If the claimant is dissatisfied either with EPA's denial of a 
claim or with the amount of an award, the claimant may request that EPA 
arrange an administrative hearing in accordance with section 112(b) of 
CERCLA. The request for an administrative hearing must occur within 30 
days of being notified of EPA's decision.
    (p) Notice of an award under paragraph (f) of this section will be 
given by First Class Mail within five (5) days of the date of the 
decision. Payment of approved claims will be made according to Sec. 
307.40.



Sec. 307.33  Records retention.

    A claimant receiving an award from the Fund is required to maintain 
all cost documentation and any other records relating to the claim, and 
to provide EPA with access to such records. These records must be 
maintained until cost recovery is initiated by EPA. If, after ten (10) 
years from the date of award of the final claim, EPA has not initiated a 
cost recovery action, the claimant need no longer retain the records. 
The claimant shall, however, notify EPA of the location of the records, 
and allow EPA the opportunity to take possession of the records before 
they are destroyed. The claimant shall cause to be inserted in all 
agreements between itself and contractors performing work at the site a 
clause providing for the same requirement to maintain records and to 
provide access to records as that required of the claimant.



                   Subpart D_Payments and Subrogation



Sec. 307.40  Payment of approved claims.

    (a) Payment of claims will be made, as applicable, within:
    (1) 50 days of EPA's decision to make an award, if the claimant does 
not request an administrative hearing;
    (2) 50 days of an award by an administrative tribunal if no appeal 
of such award is taken; or
    (3) 20 days of the final judicial decision of any appeal taken.
    (b) Payment of a claim shall not be seen as EPA's final acceptance 
of the

[[Page 373]]

claimant's response action. Final acceptance shall await EPA's 
determination that the response action was conducted in accordance with 
the terms and conditions of the PDD or the consent order or decree, as 
applicable.



Sec. 307.41  Subrogation of claimants' rights to the Fund.

    (a) The United States acquires by subrogation all rights of the 
claimant to recover the amount of the claim paid by the Fund from the 
person or persons liable under section 107 of CERCLA for the release 
giving rise to the response action.
    (b) Claimants shall assist in any cost recovery action that may be 
initiated by the United States. The claimant and the claimant's 
contractors shall furnish the personnel, services, documents, and 
materials needed to assist EPA in the collection of evidence to document 
work performed and costs expended by the claimant or the claimant's 
contractors at the particular site in order to aid in cost recovery 
efforts. The claimant and the claimant's contractors shall also provide 
all requested assistance in the interpretation of documents detailing 
work and costs that may be needed as evidence, and shall testify on 
behalf of the United States in any judicial or administrative cost 
recovery proceeding regarding the response costs claimed. All of the 
claimant's contracts for implementing the PDD shall expressly require 
their contractors to provide this cost recovery assistance.



Sec. 307.42  Fund's obligation in the event of failure of remedial 
actions taken pursuant to CERCLA section 122.

    (a) In the case of the failure of a completed remedial action taken 
by a potentially responsible party pursuant to a remedial action 
preauthorized in connection with a settlement under section 122(b)(1) of 
CERCLA, the Fund shall be available for the costs of any new cleanup 
required, but shall not be obligated to a proportion exceeding that 
proportion contributed by the Fund for the original remedial action.
    (b) The Fund is not obligated by preauthorization of a response 
action to reimburse the claimant for subsequent remedial actions if 
those subsequent remedial actions are necessary as a result of the 
failure of the claimant, his employees or agents, or any third party 
having a contractual relationship with the claimant to properly perform 
authorized activities or otherwise comply with the terms and conditions 
of the PDD, and the Consent Decree or order regarding the site cleanup 
entered into by EPA and the claimant.

[[Page 374]]

  Appendix A to Part 307--Application for Preauthorization of a CERCLA 
                             Response Action
[GRAPHIC] [TIFF OMITTED] TC02AU92.021


[[Page 375]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.022


[[Page 376]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.023


[[Page 377]]



        Appendix B to Part 307--Claim for CERCLA Response Action
[GRAPHIC] [TIFF OMITTED] TC02AU92.024


[[Page 378]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.025


[[Page 379]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.026


[[Page 380]]



 Appendix C to Part 307--Notice of Limitations on the Payment of Claims 
  for Response Actions, Which Is To Be Placed in the Federal Register 
           Preamble Whenever Sites Are Added to the Final NPL

    Limitations on the Payment of Claims for Response Actions
    Sections 111(a)(2) and 122(b)(1) of CERCLA authorize the Fund to 
reimburse certain parties for necessary costs of performing a response 
action. As is described in more detail at 58 FR 5460, Jan. 21, 1993, 40 
CFR part 307, there are two major limitations placed on the payment of 
claims for response actions. First, only private parties, certain 
potentially responsible parties (including States and political 
subdivisions), and certain foreign entities are eligible to file such 
claims. Second, all response actions under sections 111(a)(2) and 
122(b)(1) must receive prior approval, or ``preauthorization,'' from 
EPA.

 Appendix D to Part 307--Notice of Limitations on the Payment of Claims 
      for Response Actions Which Is To Be Placed in Public Dockets

  Statutory Limitations on the Payment of Claims for Response Actions 
      Filed Pursuant to Sections 111(a)(2) and 122(b)(1) of CERCLA

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments 
and Reauthorization Act of 1986 (SARA) (42 U.S.C. 9601 et seq.) 
authorizes a number of mechanisms for responding to a release, or threat 
of release, of hazardous substances or pollutants or contaminants. One 
of these mechanisms is response claims. Section 111(a)(2) of CERCLA 
authorizes the Environmental Protection Agency (EPA or the Agency) to 
compensate claimants for necessary response costs if certain conditions 
are met. Section 122(b)(1) of CERCLA authorizes EPA to reimburse certain 
potentially responsible parties for a portion of the costs of response 
actions conducted pursuant to a settlement agreement. These conditions 
are outlined below.
    First, only private parties, parties to section 122(b)(1) agreements 
(including States and political subdivisions thereof) and foreign 
entities are eligible for payment through the response claims mechanism. 
Federal, State, and local government units, and Indian Tribes can 
receive funding for response activities through other authorities of 
section 111(a) or section 123 of CERCLA.
    Second, eligible claimants can only be reimbursed for costs that are 
incurred in carrying out the National Contingency Plan (NCP), 40 CFR 
part 300. In order to be in conformity with the NCP, all claims must 
receive prior approval, or ``preauthorization,'' from EPA. This means 
that before response work is initiated, the party must:
    (1) Notify EPA of its intent to file a claim;
    (2) Demonstrate that the release merits priority consideration;
    (3) Propose activities to remedy the release that can be carried out 
consistent with the NCP; and
    (4) Demonstrate the capabilities necessary to carry out such 
activities in a safe and effective manner.
In order for potentially responsible parties to be eligible for 
reimbursement they must conduct the response actions as specified in a 
Consent Decree or administrative order. Only if EPA preauthorizes a 
response action can the party begin work, and later file a claim for 
reimbursement of costs.
    The limitations placed on the payment of claims for response actions 
and the procedures for filing such claims are described in more detail 
at 58 FR 5460, Jan. 21, 1993, 40 CFR part 307. Additional information 
can be obtained by contacting Phyllis Anderson, Office of Emergency and 
Remedial Response (5203 G), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, (703) 603-8971, or the 
RCRA/CERCLA Hotline, (800) 424-9346 (or (703) 920-9810 in the 
Washington, DC metropolitan area).

[58 FR 5475, Jan. 21, 1993, as amended at 65 FR 47325, Aug. 2, 2000]



PART 310_REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO 
HAZARDOUS SUBSTANCE RELEASES--Table of Contents




                      Subpart A_General Information

Sec.
310.1 What is the purpose of this part?
310.2 What is the statutory authority for this part?
310.3 What terms have specific definitions?
310.4 What abbreviations should I know?

                          Subpart B_Provisions

                         Who Can Be Reimbursed?

310.5 Am I eligible for reimbursement?
310.6 Are states eligible?
310.7 Can more than one local agency or government be reimbursed for 
          response to the same incident?

                         What Can Be Reimbursed?

310.8 Can EPA reimburse the entire cost of my response?

[[Page 381]]

310.9 If more than one local agency or government is involved, can each 
          receive up to $25,000?
310.10 What are temporary emergency measures?
310.11 What costs are allowable?
310.12 What costs are NOT allowable?

                          How To Get Reimbursed

310.13 Do I need to notify anyone while the response is underway?
310.14 Must I try to recover my costs from those potentially responsible 
          for the emergency?
310.15 How do I apply for reimbursement?
310.16 What kind of cost documentation is necessary?
310.17 Are there any other requirements?
310.18 How will EPA evaluate my application?
310.19 Under what conditions would EPA deny my request?
310.20 What are my options if EPA denies my request?
310.21 How does EPA resolve disputes?

                      Other Things You Need To Know

310.22 What records must I keep?
310.23 How will EPA rank approved requests?
310.24 What happens if I provide incorrect or false information?

Appendix I to Part 310--Frequently Asked Questions
Appendix II to Part 310--EPA Regions and NRC Telephone Lines
Appendix III to Part 310--Form: Application for Reimbursement to Local 
          Governments for Emergency Response to Hazardous Substance 
          Release Under CERCLA Sec. 123

    Authority: 42 U.S.C. 9611(c)(11), 9623.

    Source: 63 FR 8286, Feb. 18, 1998, unless otherwise noted.



                      Subpart A_General Information



Sec. 310.1  What is the purpose of this part?

    This part sets up procedures for EPA to reimburse local governments 
for certain emergency response costs. Local governments may receive up 
to $25,000 to help lighten financial burdens related to emergency 
response to hazardous substance releases. This reimbursement does NOT 
replace funding that local governments normally provide for emergency 
response.



Sec. 310.2  What is the statutory authority for this part?

    This part is authorized under section 123 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) 
(Pub. L. 96-510, 42 U.S.C. 9601-9675), as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (SARA) (Pub. L. 99-499, 42 
U.S.C. 9601).



Sec. 310.3  What terms have specific definitions?

    For purposes of this part except when otherwise specified:
    (a) Application means Form 9310-1, shown in Appendix III of this 
part, including all documentation and additional information you submit 
to support a request for reimbursement.
    (b) Date of completion means the date when you have completed all 
field work and you have received all deliverables (such as lab results, 
technical expert reports, or invoices) due under a contract or other 
agreement.
    (c) Emergency Planning and Community Right-to-Know Act of 1986 means 
Title III--Emergency Planning and Community Right-to-Know Act of the 
Superfund Amendments and Reauthorization Act of 1986 (EPCRA) (Pub. L. 
99-499, 42 U.S.C. 11000-11050).
    (d) Federally-recognized Indian Tribe, as defined by section 101(36) 
of CERCLA, means any Indian Tribe, band, nation, or other organized 
group or community, including any Alaska Native village but not 
including any Alaska Native regional or village corporation, which is 
recognized as eligible for the special programs and services provided by 
the United States to Indians because of their status as Indians.
    (e) General purpose unit of local government means the governing 
body of a county, parish, municipality, city, town, township, Federally-
recognized Indian tribe or similar governing body. This term does not 
include special purpose districts.
    (f) Hazardous substance. (1) Hazardous substance, as defined by 
section 101(14) of CERCLA, means:
    (i) Any substance designated pursuant to section 311(b)(2)(A) of the 
Federal Water Pollution Control Act (Pub. L. 101-380, 33 U.S.C. 1251 et 
seq.);

[[Page 382]]

    (ii) Any element, compound, mixture, solution, or substance 
designated pursuant to section 102 of CERCLA;
    (iii) Any hazardous waste having the characteristics identified 
under or listed pursuant to section 3001 of the Solid Waste Disposal Act 
(Pub. L. 89-272, 42 U.S.C. 3259 et seq.) (but not including any waste 
the regulation of which under the Solid Waste Disposal Act has been 
suspended by Act of Congress);
    (iv) Any toxic pollutant listed under section 307(a) of the Federal 
Water Pollution Control Act (Pub. L. 101-380, 33 U.S.C. 1251 et seq.);
    (v) Any hazardous air pollutant listed under section 112 of the 
Clean Air Act (42 U.S.C. 7401-7642); and
    (vi) Any imminently hazardous chemical substance or mixture with 
respect to which the Administrator has taken action pursuant to section 
7 of the Toxic Substances Control Act (Pub. L. 94-469, 15 U.S.C. 2601-
2629).
    (2) The term does not include petroleum, including crude oil or any 
fraction thereof that is not otherwise specifically listed or designated 
as a hazardous substance under paragraphs (f)(1)(i) through (f)(1)(vi) 
of this section, and the term does not include natural gas, natural gas 
liquids, liquefied natural gas, or synthetic gas usable for fuel (or 
mixtures of natural gas and such synthetic gas).
    (g) Local emergency response plan means the emergency plan prepared 
by the Local Emergency Planning Committee (LEPC) as required by section 
303 of the Emergency Planning and Community Right-to-Know Act of 1986 
(EPCRA or SARA Title III).
    (h) National Contingency Plan means the National Oil and Hazardous 
Substances Pollution Contingency Plan (40 CFR part 300).
    (i) National Response Center means the national communications 
center located in Washington, DC, that receives and relays notice of oil 
discharge or releases of hazardous substances to appropriate Federal 
officials.
    (j) Pollutant or contaminant, as defined by section 104(a)(2) of 
CERCLA, includes, but is not limited to, any element, substance, 
compound, or mixture, including disease-causing agents, which after 
release into the environment and upon exposure, ingestion, inhalation, 
or assimilation into any organism, either directly from the environment 
or indirectly by ingestion through food chains, will or may reasonably 
be anticipated to cause death, disease, behavioral abnormalities, 
cancer, genetic mutation, physiological malfunctions (including 
malfunctions in reproduction) or physical deformations, in such 
organisms or their offspring. The term does not include petroleum, 
including crude oil and any fraction thereof that is not otherwise 
specifically listed or designated as a hazardous substance under section 
101(14)(A) through (F) of CERCLA, nor does it include natural gas, 
liquefied natural gas, or synthetic gas of pipeline quality (or mixtures 
of natural gas and such synthetic gas).
    (k) Potentially responsible party (PRP) means any person who may be 
liable under section 107 of CERCLA for a release or threatened release 
of hazardous substances or pollutants or contaminants.
    (l) Release, as defined by section 101(22) of CERCLA, means any 
spilling, leaking, pumping, pouring, emitting, emptying, discharging, 
injection, escaping, leaching, dumping, or disposing into the 
environment, but excludes: any release that results in exposure to 
persons solely within a workplace, with respect to a claim that such 
persons may assert against the employer of such persons; emissions from 
the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, 
or pipeline pumping station engine; release of source, by-product or 
special nuclear materials from a nuclear incident, as those terms are 
defined in the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), if 
such release is subject to requirements with respect to financial 
protection established by the Nuclear Regulatory Commission under 
section 170 of such act, or, for the purpose of section 104 of CERCLA or 
any other response action, any release of source, by-product, or special 
nuclear material from any processing site designated under section 
122(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act 
of 1978 (Pub. L. 95-604, 42 U.S.C. 2014 et seq.); and the normal 
application of fertilizer. For purposes of

[[Page 383]]

this part, release also means the threat of release.
    (m) Single response means all of the concerted activities conducted 
in response to a single episode, incident, or threat causing or 
contributing to a release or threatened release of hazardous substances, 
or pollutants or contaminants.



Sec. 310.4  What abbreviations should I know?

    The following abbreviations appear in this part:

CERCLA--The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (Pub. L. 96-510, 42 U.S.C. 9601-9675), as amended 
by the Superfund Amendments and Reauthorization Act of 1986, also known 
as Superfund.
EPA or the Agency--Environmental Protection Agency.
EPCRA--Emergency Planning and Community Right-to-Know Act of 1986 (Pub. 
L. 99-499, 42 U.S.C. 11000-11050).
LEPC--Local Emergency Planning Committee.
NCP--National Oil and Hazardous Substances Pollution Contingency Plan 
also known as the National Contingency Plan (40 CFR part 300).
NRC--National Response Center.
OMB--Office of Management and Budget.
PRP--Potentially Responsible Party.
SARA--The Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 
99-499, 42 U.S.C. 9601).
SERC--State Emergency Response Commission.
USCG--U.S. Coast Guard.



                          Subpart B_Provisions

                         Who Can Be Reimbursed?



Sec. 310.5  Am I eligible for reimbursement?

    If you are the governing body of a county, parish, municipality, 
city, town, township, federally-recognized Indian tribe or general 
purpose unit of local government, you are eligible for reimbursement. 
This does not include special purpose districts.



Sec. 310.6  Are states eligible?

    States are NOT eligible for reimbursement under this part, and 
states may NOT request reimbursement on behalf of their local 
governments.



Sec. 310.7  Can more than one local agency or government be reimbursed 
for response to the same incident?

    No. EPA will accept only one reimbursement request for a single 
response. A single response includes all of the temporary emergency 
measures that ALL local governments or agencies conduct in response to a 
single hazardous substance release. If more than one local government or 
agency responds, you must decide among yourselves who will request 
reimbursement on behalf of all.

                         What Can Be Reimbursed?



Sec. 310.8  Can EPA reimburse the entire cost of my response?

    Possibly not. EPA can only reimburse you for temporary emergency 
measures you take in response to releases of hazardous substances, 
pollutants, or contaminants. The statute allows reimbursement for only 
certain costs, and by statute, the total amount of the reimbursement may 
not exceed $25,000 for a single response.



Sec. 310.9  If more than one local agency or government is involved, can 
each receive up to $25,000?

    No. The maximum amount EPA can reimburse is $25,000 for a single 
response, which includes all activities by ALL local responders. If the 
costs incurred by multiple local governments or agencies exceed $25,000, 
you must decide among yourselves how the total reimbursement will be 
divided.



Sec. 310.10  What are temporary emergency measures?

    (a) Temporary emergency measures are actions taken to control or 
eliminate immediate threats to human health and the environment.
    (b) Examples of temporary emergency measures are:
    (1) Site security;
    (2) Controlling the source of contamination;
    (3) Containing the release to prevent spreading;
    (4) Neutralizing or treating pollutants released; and
    (5) Controlling contaminated runoff.

[[Page 384]]



Sec. 310.11  What costs are allowable?

    (a) Reimbursement under this part does NOT supplant funds you 
normally provide for emergency response. Allowable costs are only those 
necessary for you to respond effectively to a specific incident that is 
beyond what you might normally respond to.
    (b) Examples of allowable costs are:
    (1) Disposable materials and supplies you acquired and used to 
respond to the specific incident;
    (2) Payment of unbudgeted wages for employees responding to the 
specific incident (for example, overtime pay for response personnel);
    (3) Rental or leasing of equipment you used to respond to the 
specific incident (for example, protective equipment or clothing, 
scientific and technical equipment) (Note: rental costs are only 
allowable for the duration of your response; once you complete the 
response to the specific incident, further rental costs are NOT 
allowable);
    (4) Replacement costs for equipment you own that is contaminated or 
damaged beyond reuse or repair, if you can demonstrate that the 
equipment is a total loss and that the loss occurred during the response 
(for example, self-contained breathing apparatus irretrievably 
contaminated during the response);
    (5) Decontamination of equipment contaminated during the response;
    (6) Special technical services specifically required for the 
response (for example, costs associated with the time and efforts of 
technical experts/specialists that are not on your staff);
    (7) Other special services specifically required for the response 
(for example, utilities);
    (8) Laboratory costs of analyzing samples that you took during the 
response;
    (9) Evacuation costs associated with the services, supplies, and 
equipment that you procured for a specific evacuation; and
    (10) Containerization or packaging cost and transportation and 
disposal of hazardous wastes.
    (c) To be allowable, costs must:
    (1) NOT be higher than what a careful person would spend for similar 
products or services in your area; and
    (2) Be consistent with CERCLA and the federal cost principles 
outlined in OMB Circular A-87, ``Cost Principles for State and Local 
Governments.'' (Copies of the circular are available from the Office of 
Administration, Publications Office, New Executive Office Building, 725 
17th Street, NW., Room 2200, Washington, DC 20503.)
    (d) EPA will make final determinations on whether your costs are 
reasonable.



Sec. 310.12  What costs are NOT allowable?

    (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 Sec. 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.

                          How to get Reimbursed



Sec. 310.13  Do I need to notify anyone while the response is underway?

    No. You should notify EPA, the National Response Center, or use 
another

[[Page 385]]

established response communication channel, but it is not a requirement 
for reimbursement. Telephone numbers for EPA regional offices and the 
NRC are in Appendix II to this part.



Sec. 310.14  Must I try to recover my costs from those potentially 
responsible for the emergency?

    Yes. Before applying for reimbursement from EPA, you must try to 
recover your costs from all known potentially responsible parties 
(PRPs). After you ask them for payment, you should give PRPs 60 days 
either to pay you, express their intent to pay you, or indicate 
willingness to negotiate. You must also try to get reimbursed by other 
sources (for example, your insurance company or your state). If you are 
not successful, you must certify on your reimbursement application that 
you made a good-faith, reasonable effort to recover your costs from 
other sources before applying to EPA. If you recover any portion of the 
costs from these sources after you receive reimbursement from us, you 
must return the recovered amount to EPA.



Sec. 310.15  How do I apply for reimbursement?

    (a) You must apply for reimbursement on EPA Form 9310-1, shown in 
Appendix III to this part.
    (b) You must submit your request within one year of the date you 
complete the response for which you request reimbursement. If you submit 
your application late, you must include an explanation for the delay. We 
will consider late applications on a case-by-case basis.
    (c) Your application must be signed by the highest ranking official 
of your local government (for example, mayor or county executive), or 
you must include a letter of delegation authorizing a delegate to act on 
his or her behalf.
    (d) Mail your completed application and supporting data to the LGR 
Project Officer, (5401A), Office of Emergency Management, Office of 
Solid Waste and Emergency Response, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460.

[63 FR 8286, Feb. 18, 1998, as amended at 70 FR 56577, Sept. 28, 2005]



Sec. 310.16  What kind of cost documentation is necessary?

    Cost documentation must be adequate for an audit. At a minimum, you 
must:
    (a) Include a description of the temporary emergency measures for 
which you request reimbursement;
    (b) Specify the local agency that incurred the cost, (such as, the 
Town Fire Department, the County Health Department, or the City 
Department of Public Works);
    (c) Include invoices, sales receipts, rental or leasing agreements, 
or other proof of costs you incurred; and
    (d) Certify that all costs are accurate and that you incurred them 
specifically for the response for which you are requesting 
reimbursement.



Sec. 310.17  Are there any other requirements?

    (a) You must certify that reimbursement under this regulation does 
not supplant local funds that you normally provide for emergency 
response. This means that the reimbursement you request is for costs you 
would not normally incur; rather, they are for significant, 
unanticipated costs related to a specific incident beyond what you 
normally respond to.
    (b) You must also certify that your response actions are not in 
conflict with CERCLA, the National Contingency Plan (NCP), and the local 
emergency response plan prepared by your Local Emergency Planning 
Committee, if there is one. If you need help with this requirement, 
contact the LGR Help line (800-431-9209) or your EPA regional office.
    (c) You, as a local government, should be included in the local 
emergency response plan completed by your LEPC, as section 303(a) of 
EPCRA requires. This does not apply if your State Emergency Response 
Commission (SERC) has not established an LEPC responsible for the 
emergency planning district(s) that encompasses your geographic 
boundaries.



Sec. 310.18  How will EPA evaluate my application?

    (a) When we receive your application, we will make sure it meets all 
requirements of this section. If your request is

[[Page 386]]

incomplete or has significant defects, we will contact you for 
additional information. You should provide any additional information 
within 90 days. If you don't provide requested information within a 
year, we may deny your application.
    (b) If your application meets all requirements, we will consider 
whether the costs claimed are allowable and reasonable. We will then 
send you written notification of our decision to award or deny 
reimbursement in full or in part.



Sec. 310.19  Under what conditions would EPA deny my request?

    We may deny your reimbursement request in full or in part if:
    (a) Your records, documents, or other evidence are not maintained 
according to generally accepted accounting principles and practices 
consistently applied;
    (b) The costs you claim are NOT reasonable or allowable, that is, 
they are higher than what a careful person would spend for similar 
products or services in your area; or
    (c) You do not supply additional information within one year from 
when we request it; and
    (d) Reimbursement would be inconsistent with CERCLA section 123, or 
the regulations in this part.



Sec. 310.20  What are my options if EPA denies my request?

    If we deny your request because you failed to meet a requirement in 
this regulation, you may request, in writing, that EPA grant an 
exception. You may also file a request for an exception with your 
initial application. In your request for an exception, you must state 
the requirement you cannot comply with and the reasons why EPA should 
grant an exception. We will grant exceptions only if you establish good 
cause for the exception and if granting the exception would be 
consistent with section 123 of CERCLA.



Sec. 310.21  How does EPA resolve disputes?

    (a) The EPA reimbursement official's decision is final EPA action 
unless you file a request for review by registered or certified mail 
within 60 calendar days of the date you receive our decision. Send your 
request for review to the address given in Sec. 310.15(d).
    (b) You must file your request for review with the disputes decision 
official identified in the final written decision.
    (c) Your request for review must include:
    (1) A statement of the amount you dispute;
    (2) A description of the issues involved;
    (3) A statement of your objection to the final decision; and
    (4) Any additional information relevant to your objection to EPA's 
decision.
    (d) After filing for review:
    (1) You may request an informal conference with the EPA disputes 
decision official;
    (2) You may be represented by counsel and may submit documentary 
evidence and briefs to be included in a written record; and
    (3) You will receive a written decision by the disputes decision 
official within 45 days after we receive your final submission of 
information unless the official extends this period for good cause.

                      Other Things You Need To Know



Sec. 310.22  What records must I keep?

    (a) If you receive reimbursement under the regulations in this part, 
for three years you must keep all cost documentation and any other 
records related to your application. You must also provide EPA access to 
those records if we need them.
    (b) After three years from the date of your reimbursement, if we 
have NOT begun a cost recovery action against a potentially responsible 
party, you may dispose of the records. You must notify EPA of your 
intent to dispose of the records 60 days before you do so, and allow us 
to take possession of these records beforehand.

[[Page 387]]



Sec. 310.23  How will EPA rank approved requests?

    (a) If necessary, EPA will rank approved reimbursement requests 
according to the financial burden the response costs impose on the local 
governments. We will estimate your financial burden by calculating the 
ratio of your allowable response costs to your annual per capita income 
adjusted for population. We will make adjustments for population so that 
a large city with a low per capita income will not necessarily receive a 
higher rank than a small town with a slightly higher per capita income. 
We will also consider other relevant financial information you may 
supply.
    (b) We will use the per capita income and population statistics 
published by the U.S. Department of Commerce, Bureau of the Census, in 
Current Population Reports, Local Population Estimates, Series P-26, 
``1988 Population and 1987 Per Capita Income Estimates for Counties and 
Incorporated Places,'' Vols. 88-S-SC, 88-ENC-SC, 88-NE-SC, 88-W-SC, 88-
WNC-SC, March 1990. The Director of the Federal Register has approved 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR Part 51. Copies are available from the Bureau of the Census, Office 
of Public Affairs, Department of Commerce, Constitution Avenue, NE., 
Washington, DC 20230 (1-202-763-4040). You may review a copy at the U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (c) Larger ratios receive a higher rank. We will reimburse requests 
with the highest ranks first. Once we rank your request, we will either:
    (1) Reimburse the request; or
    (2) Hold the request for reconsideration once additional funding is 
available.
    (d) The EPA reimbursement official will give you a written decision 
on whether the request will be reimbursed or held for future 
reconsideration.

[63 FR 8286, Feb. 18, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 310.24  What happens if I provide incorrect or false information?

    (a) You must not knowingly or recklessly make any statement or 
provide any information in your reimbursement application that is false, 
misleading, misrepresented, or misstated. If you do provide incorrect or 
false information, and EPA relies on that information in making a 
reimbursement decision, we may deny your application and withdraw or 
recover the full amount of your award. In such a case, we would give you 
written notice of our intentions.
    (b) If you, as a reimbursement applicant or someone providing 
information to the applicant, knowingly give any false statement or 
claim as part of any application for reimbursement under section 123 of 
CERCLA, you may be subject to criminal, civil, or administrative 
liability under the False Statement Act (Pub. L. 97-398, 18 U.S.C. 1001) 
the False Claims Act (Pub. L. 99-562, 31 U.S.C. 3729), and the Program 
Fraud and Civil Remedies Act (Pub. L. 99-509, 31 U.S.C. 3801).

           Appendix I to Part 310--Frequently Asked Questions

    (1) Can I be reimbursed for hazmat team salaries?
    Generally, no; only unbudgeted overtime and/or extra time can be 
considered for reimbursement. (Sec. 310.11(b)(2))
    (2) Will I be reimbursed for the cost of a destroyed fire truck?
    Up to $25,000 of the cost of a lost fire truck can be considered an 
allowable cost and therefore, reimbursable. However, if the local 
government has insurance covering such losses, then we would not 
reimburse you for a destroyed fire truck. (Sec. Sec. 310.11(b)(4) and 
310.14)
    (3) If I have a release in an elementary school, can the school 
district apply for reimbursement?
    No, for purposes of the regulation in this part, a school district 
is considered a special purpose district of local government and 
therefore not eligible for reimbursement. The county or city where the 
incident happened may apply for reimbursement on behalf of the school 
district. (Sec. Sec. 310.03(e) and 310.05)

[[Page 388]]

    (4) Why are incidents that involve a release of petroleum not 
eligible?
    Because this program is authorized under CERCLA, and petroleum is 
excluded under CERCLA, we can't reimburse you for response to releases 
involving only petroleum. If, however, some hazardous substances are 
also involved, your incident may be reimbursed. (Sec. 310.03(f))
    (5) Can I be reimbursed for laying water lines to a community whose 
drinking water is affected by a release?
    No, laying water lines doesn't fall within the definition of 
temporary emergency measures. Providing bottled water on a temporary 
emergency basis is reimbursable. (Sec. 310.10(a))
    (6) What if EPA gets too many applications in one year?
    In the beginning of the program, there was a statutory limitation on 
the amount of the Superfund that could be used for reimbursements. That 
limitation was approximately $1,000,000. The limitation has expired, and 
EPA has only reimbursed slightly over $1,000,000 in ten years. There has 
not been a year where we received too many applications.
    (7) If I incur significant costs trying to recover from the PRP, can 
I be reimbursed by EPA for those costs?
    No, legal expenses are not allowable costs. (Sec. 310.12(b)(7)).
    (8) Can I add attachments to the Application Form?
    Yes, attach any additional information that you feel is necessary. 
EPA will review all the information that you send.
    (9) Do I have to notify EPA before I send an application in, or 
before I take a response action?
    No, you aren't required to notify EPA in either case. We do suggest 
that you call the National Response Center to report the hazardous 
substance release, or if you use other response reporting channels, use 
them. If you need some help before submitting your application, we do 
suggest you call the LGR Help line (800-431-9209).
    (10) If two incidents happen in my town, within hours of each other, 
do I have to submit two separate applications?
    You aren't required to submit separate applications in this case, 
but if your total response costs are more than $25,000, it may be in 
your interest to submit separate applications for each single response. 
(Sec. 310.9)

      Appendix II to Part 310--EPA Regions and NRC Telephone Lines

National Response Center.............................     (800) 424-8802
EPA Regional Phone Numbers:
    Region I (ME, NH, VT, MA, RI, CT)................     (617) 723-8928
    Region II (NJ, NY, PR, VI).......................     (800) 424-8802
    Region III (PA, DE, MD, DC, VA, WV)..............     (215) 814-3255
    Region IV (NC, SC, TN, MS, AL, GA, FL, KY).......     (404) 562-8700
    Region V (OH, IN, IL, WI, MN, MI)................     (312) 353-2318
    Region VI (AR, LA, TX, OK, NM)...................     (866) 372-7745
    Region VII (IA, MO, KS, NE)......................     (913) 281-0991
    Region VIII (CO, UT, WY, MT, ND, SD).............     (303) 293-1788
    Region IX (AZ, CA, NV, AS, HI, GU, TT)...........     (800) 300-2193
    Region X (ID, OR, WA, AK)........................     (206) 553-1263
------------------------------------------------------------------------


[63 FR 8286, Feb. 18, 1998, as amended at 70 FR 56577, Sept. 28, 2005]

[[Page 389]]

 Appendix III to Part 310--Form: Application for Reimbursement to Local 
Governments for Emergency Response to Hazardous Substance Release Under 
                             CERCLA Sec. 123
[GRAPHIC] [TIFF OMITTED] TR18FE98.000


[[Page 390]]


[GRAPHIC] [TIFF OMITTED] TR18FE98.001


                           Attachment 1 to Form 9310-1 Cost Element Codes and Comments
                                     [Cost Element Codes for use in Table 1]
----------------------------------------------------------------------------------------------------------------
          Code                      Cost category                   Cost element                Comments
----------------------------------------------------------------------------------------------------------------
PC.....................  Personnel Compensation.............  PC1: Overtime--for        Compensation of overtime
                                                               services excess of the    costs incurred
                                                               local agency's standard   specifically for a
                                                               work day or work week.    response will be
                                                              PC2: Experts and           considered only if
                                                               consultants--for          overtime is not
                                                               services rendered on a    otherwise provided for
                                                               per diem or fee basis     in the applicant's
                                                               or for services of an     operating budget.
                                                               intermittent, advisory
                                                               nature.

[[Page 391]]

 
TR.....................  Transportation.....................  TR1: Passenger vehicle    Passenger and
                                                               rental--for               nonpassenger vehicle
                                                               transportation of         rental costs will be
                                                               persons during            considered for private
                                                               evacuation.               vehicles not owned or
                                                              TR2: Nonpassenger          operated by the
                                                               vehicle rental--for       applicant or other unit
                                                               transportation of         of local government.
                                                               equipment or supplies.
RC.....................  Utilities..........................  RC1: Utilities--for       Utility costs will be
                                                               power, water,             considered for private
                                                               electricity and other     utilities not owned or
                                                               services exclusive of     operated by the
                                                               transportation and        applicant or other unit
                                                               communications.           of local government.
OS.....................  Other Contractual Services.........  OS1: Contracts for        May include such items
                                                               technical or scientific   as specialized
                                                               analysis--for tasks       laboratory analyses and
                                                               requiring specialized     sampling.
                                                               hazardous sustance
                                                               response expertise.
                                                              OS2: Decontamination
                                                               services--for
                                                               specialized cleaning or
                                                               decontamination
                                                               procedures and supplies
                                                               to restore clothing,
                                                               equipment or other
                                                               serviceable gear to
                                                               normal functioning.
SM.....................  Supplies and Materials.............  SM1: Commodities--for     May include such items
                                                               protective gear and       as chemical foam to
                                                               clothing, cleanup tools   suppress a fire; food
                                                               and supplies and          purchased specifically
                                                               similar materials         for an evacuation; air
                                                               purchased specifically    purifying canisters for
                                                               for, and expended         breathing apparatus;
                                                               during, the response.     disposable, protective
                                                                                         suits and gloves; and
                                                                                         sampling supplies.
EQ.....................  Equipment..........................  EQ1: Replacement--for     Equipment replacement
                                                               durable equipment         costs will be
                                                               declared a total loss     considered if applicant
                                                               as a result of            can demonstrate total
                                                               contamination during      loss and proper
                                                               the response.             disposal of
                                                              EQ2: Rents--for use of     contaminated equipment.
                                                               equipment owned by       Equipment rental costs
                                                               others.                   will be considered for
                                                                                         privately owned
                                                                                         equipment not owned or
                                                                                         operated by the
                                                                                         applicant or other unit
                                                                                         of local government.
----------------------------------------------------------------------------------------------------------------


[[Page 392]]

[GRAPHIC] [TIFF OMITTED] TR18FE98.002


[[Page 393]]

[GRAPHIC] [TIFF OMITTED] TR18FE98.003



PART 311_WORKER PROTECTION--Table of Contents




Sec.
311.1 Scope and application.
311.2 Definition of employee.

    Authority: 29 U.S.C. 655, Pub. L. 99-499.

    Source: 54 FR 26658, June 23, 1989, unless otherwise noted.



Sec. 311.1  Scope and application.

    The substantive provisions found at 29 CFR 1910.120 on and after 
March 6, 1990, and before March 6, 1990, found at 54 FR 9317 (March 6, 
1989), apply to

[[Page 394]]

State and local government employees engaged in hazardous waste 
operations, as defined in 29 CFR 1910.120(a), in States that do not have 
a State plan approved under section 18 of the Occupational Safety and 
Health Act of 1970.



Sec. 311.2  Definition of employee.

    Employee in Sec. 311.1 is defined as a compensated or non-
compensated worker who is controlled directly by a State or local 
government, as contrasted to an independent contractor.



PART 312_INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL APPROPRIATE 
INQUIRIES--Table of Contents




                         Subpart A_Introduction

Sec.
312.1 Purpose, applicability, scope, and disclosure obligations.

                  Subpart B_Definitions and References

312.10 Definitions.
312.11 References.

                    Subpart C_Standards and Practices

312.20 All appropriate inquiries.
312.21 Results of inquiry by an environmental professional.
312.22 Additional inquiries.
312.23 Interviews with past and present owners, operators, and 
          occupants.
312.24 Reviews of historical sources of information.
312.25 Searches for recorded environmental cleanup liens.
312.26 Reviews of federal, state, tribal and local government records.
312.27 Visual inspections of the facility and of adjoining properties.
312.28 Specialized knowledge or experience on the part of the defendant.
312.29 The relationship of the purchase price to the value of the 
          property, if the property was not contaminated.
312.30 Commonly known or reasonably ascertainable information about the 
          property.
312.31 The degree of obviousness of the presence or likely presence of 
          contamination at the property, and the ability to detect the 
          contamination by appropriate investigation.

    Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C. 
9601(35)(B).

    Source: 70 FR 66107, Nov. 1, 2005, unless otherwise noted.



                         Subpart A_Introduction



Sec. 312.1  Purpose, applicability, scope and disclosure obligations.

    (a) Purpose. The purpose of this section is to provide standards and 
practices for ``all appropriate inquiries'' for the purposes of CERCLA 
sections 101(35)(B)(i)(I) and 101(35)(B)(ii) and (iii).
    (b) Applicability. The requirements of this part are applicable to:
    (1) Persons seeking to establish:
    (i) The innocent landowner defense pursuant to CERCLA sections 
101(35) and 107(b)(3);
    (ii) The bona fide prospective purchaser liability protection 
pursuant to CERCLA sections 101(40) and 107(r);
    (iii) The contiguous property owner liability protection pursuant to 
CERCLA section 107(q); and
    (2) persons conducting site characterization and assessments with 
the use of a grant awarded under CERCLA section 104(k)(2)(B).
    (c) Scope. (1) Persons seeking to establish one of the liability 
protections under paragraph (b)(1) of this section must conduct 
investigations as required in this part, including an inquiry by an 
environmental professional, as required under Sec. 312.21, and the 
additional inquiries defined in Sec. 312.22, to identify conditions 
indicative of releases or threatened releases, as defined in CERCLA 
section 101(22), of hazardous substances, as defined in CERCLA section 
101(14).
    (2) Persons identified in paragraph (b)(2) of this section must 
conduct investigations required in this part, including an inquiry by an 
environmental professional, as required under Sec. 312.21, and the 
additional inquiries defined in Sec. 312.22, to identify conditions 
indicative of releases and threatened releases of hazardous substances, 
as defined in CERCLA section 101(22), and as applicable per the terms 
and conditions of the grant or cooperative agreement, releases and 
threatened releases of:
    (i) Pollutants and contaminants, as defined in CERCLA section 
101(33);
    (ii) Petroleum or petroleum products excluded from the definition of 
``hazardous substance'' as defined in CERCLA section 101(14); and

[[Page 395]]

    (iii) Controlled substances, as defined in 21 U.S.C. 802.
    (d) Disclosure obligations. None of the requirements of this part 
limits or expands disclosure obligations under any federal, state, 
tribal, or local law, including the requirements under CERCLA sections 
101(40)(c) and 107(q)(1)(A)(vii) requiring persons, including 
environmental professionals, to provide all legally required notices 
with respect to the discovery of releases of hazardous substances. It is 
the obligation of each person, including environmental professionals, 
conducting the inquiry to determine his or her respective disclosure 
obligations under federal, state, tribal, and local law and to comply 
with such disclosure requirements.



                  Subpart B_Definitions and References



Sec. 312.10  Definitions.

    (a) Terms used in this part and not defined below, but defined in 
either CERCLA or 40 CFR part 300 (the National Oil and Hazardous 
Substances Pollution Contingency Plan) shall have the definitions 
provided in CERCLA or 40 CFR part 300.
    (b) When used in this part, the following terms have the meanings 
provided as follows:
    Abandoned property means: property that can be presumed to be 
deserted, or an intent to relinquish possession or control can be 
inferred from the general disrepair or lack of activity thereon such 
that a reasonable person could believe that there was an intent on the 
part of the current owner to surrender rights to the property.
    Adjoining properties means: any real property or properties the 
border of which is (are) shared in part or in whole with that of the 
subject property, or that would be shared in part or in whole with that 
of the subject property but for a street, road, or other public 
thoroughfare separating the properties.
    Data gap means: a lack of or inability to obtain information 
required by the standards and practices listed in subpart C of this part 
despite good faith efforts by the environmental professional or persons 
identified under Sec. 312.1(b), as appropriate, to gather such 
information pursuant to Sec. Sec. 312.20(e)(1) and 312.20(e)(2).
    Date of acquisition or purchase date means: the date on which a 
person acquires title to the property.
    Environmental Professional means:
    (1) a person who possesses sufficient specific education, training, 
and experience necessary to exercise professional judgment to develop 
opinions and conclusions regarding conditions indicative of releases or 
threatened releases (see Sec. 312.1(c)) on, at, in, or to a property, 
sufficient to meet the objectives and performance factors in Sec. 
312.20(e) and (f).
    (2) Such a person must:
    (i) Hold a current Professional Engineer's or Professional 
Geologist's license or registration from a state, tribe, or U.S. 
territory (or the Commonwealth of Puerto Rico) and have the equivalent 
of three (3) years of full-time relevant experience; or
    (ii) Be licensed or certified by the federal government, a state, 
tribe, or U.S. territory (or the Commonwealth of Puerto Rico) to perform 
environmental inquiries as defined in Sec. 312.21 and have the 
equivalent of three (3) years of full-time relevant experience; or
    (iii) Have a Baccalaureate or higher degree from an accredited 
institution of higher education in a discipline of engineering or 
science and the equivalent of five (5) years of full-time relevant 
experience; or
    (iv) Have the equivalent of ten (10) years of full-time relevant 
experience.
    (3) An environmental professional should remain current in his or 
her field through participation in continuing education or other 
activities.
    (4) The definition of environmental professional provided above does 
not preempt state professional licensing or registration requirements 
such as those for a professional geologist, engineer, or site 
remediation professional. Before commencing work, a person should 
determine the applicability of state professional licensing or 
registration laws to the activities to be undertaken as part of the 
inquiry identified in Sec. 312.21(b).
    (5) A person who does not qualify as an environmental professional 
under

[[Page 396]]

the foregoing definition may assist in the conduct of all appropriate 
inquiries in accordance with this part if such person is under the 
supervision or responsible charge of a person meeting the definition of 
an environmental professional provided above when conducting such 
activities.
    Relevant experience, as used in the definition of environmental 
professional in this section, means: participation in the performance of 
all appropriate inquiries investigations, environmental site 
assessments, or other site investigations that may include environmental 
analyses, investigations, and remediation which involve the 
understanding of surface and subsurface environmental conditions and the 
processes used to evaluate these conditions and for which professional 
judgment was used to develop opinions regarding conditions indicative of 
releases or threatened releases (see Sec. 312.1(c)) to the subject 
property.
    Good faith means: the absence of any intention to seek an unfair 
advantage or to defraud another party; an honest and sincere intention 
to fulfill one's obligations in the conduct or transaction concerned.
    Institutional controls means: non-engineered instruments, such as 
administrative and/or legal controls, that help to minimize the 
potential for human exposure to contamination and/or protect the 
integrity of a remedy.



Sec. 312.11  References.

    The following industry standards may be used to comply with the 
requirements set forth in Sec. Sec. 312.23 through 312.31:
    (a) The procedures of ASTM International Standard E1527-05 entitled 
``Standard Practice for Environmental Site Assessments: Phase I 
Environmental Site Assessment Process.''
    (b) [Reserved]



                    Subpart C_Standards and Practices



Sec. 312.20  All appropriate inquiries.

    (a) ``All appropriate inquiries'' pursuant to CERCLA section 
101(35)(B) must be conducted within one year prior to the date of 
acquisition of the subject property and must include:
    (1) An inquiry by an environmental professional (as defined in Sec. 
312.10), as provided in Sec. 312.21;
    (2) The collection of information pursuant to Sec. 312.22 by 
persons identified under Sec. 312.1(b); and
    (3) Searches for recorded environmental cleanup liens, as required 
in Sec. 312.25.
    (b) Notwithstanding paragraph (a) of this section, the following 
components of the all appropriate inquiries must be conducted or updated 
within 180 days of and prior to the date of acquisition of the subject 
property:
    (1) Interviews with past and present owners, operators, and 
occupants (see Sec. 312.23);
    (2) Searches for recorded environmental cleanup liens (see Sec. 
312.25);
    (3) Reviews of federal, tribal, state, and local government records 
(see Sec. 312.26);
    (4) Visual inspections of the facility and of adjoining properties 
(see Sec. 312.27); and
    (5) The declaration by the environmental professional (see Sec. 
312.21(d)).
    (c) All appropriate inquiries may include the results of and 
information contained in an inquiry previously conducted by, or on the 
behalf of, persons identified under Sec. 312.1(b) and who are 
responsible for the inquiries for the subject property, provided:
    (1) Such information was collected during the conduct of all 
appropriate inquiries in compliance with the requirements of CERCLA 
sections 101(35)(B), 101(40)(B) and 107(q)(A)(viii);
    (2) Such information was collected or updated within one year prior 
to the date of acquisition of the subject property;
    (3) Notwithstanding paragraph (b)(2) of this section, the following 
components of the inquiries were conducted or updated within 180 days of 
and prior to the date of acquisition of the subject property:
    (i) Interviews with past and present owners, operators, and 
occupants (see Sec. 312.23);
    (ii) Searches for recorded environmental cleanup liens (see Sec. 
312.25);
    (iii) Reviews of federal, tribal, state, and local government 
records (see Sec. 312.26);

[[Page 397]]

    (iv) Visual inspections of the facility and of adjoining properties 
(see Sec. 312.27); and
    (v) The declaration by the environmental professional (see Sec. 
312.21(d)).
    (4) Previously collected information is updated to include relevant 
changes in the conditions of the property and specialized knowledge, as 
outlined in Sec. 312.28, of the persons conducting the all appropriate 
inquiries for the subject property, including persons identified in 
Sec. 312.1(b) and the environmental professional, defined in Sec. 
312.10.
    (d) All appropriate inquiries can include the results of report(s) 
specified in Sec. 312.21(c), that have been prepared by or for other 
persons, provided that:
    (1) The report(s) meets the objectives and performance factors of 
this regulation, as specified in paragraphs (e) and (f) of this section; 
and
    (2) The person specified in Sec. 312.1(b) and seeking to use the 
previously collected information reviews the information and conducts 
the additional inquiries pursuant to Sec. Sec. 312.28, 312.29 and 
312.30 and the all appropriate inquiries are updated in paragraph (b)(3) 
of this section, as necessary.
    (e) Objectives. The standards and practices set forth in this part 
for All Appropriate Inquiries are intended to result in the 
identification of conditions indicative of releases and threatened 
releases of hazardous substances on, at, in, or to the subject property.
    (1) In performing the all appropriate inquiries, as defined in this 
section and provided in the standards and practices set forth this 
subpart, the persons identified under Sec. 312.1(b)(1) and the 
environmental professional, as defined in Sec. 312.10, must seek to 
identify through the conduct of the standards and practices set forth in 
this subpart, the following types of information about the subject 
property:
    (i) Current and past property uses and occupancies;
    (ii) Current and past uses of hazardous substances;
    (iii) Waste management and disposal activities that could have 
caused releases or threatened releases of hazardous substances;
    (iv) Current and past corrective actions and response activities 
undertaken to address past and on-going releases of hazardous 
substances;
    (v) Engineering controls;
    (vi) Institutional controls; and
    (vii) Properties adjoining or located nearby the subject property 
that have environmental conditions that could have resulted in 
conditions indicative of releases or threatened releases of hazardous 
substances to the subject property.
    (2) In the case of persons identified in Sec. 312.1(b)(2), the 
standards and practices for All Appropriate Inquiries set forth in this 
part are intended to result in the identification of conditions 
indicative of releases and threatened releases of hazardous substances, 
pollutants, contaminants, petroleum and petroleum products, and 
controlled substances (as defined in 21 U.S.C. 802) on, at, in, or to 
the subject property. In performing the all appropriate inquiries, as 
defined in this section and provided in the standards and practices set 
forth in this subpart, the persons identified under Sec. 312.1(b) and 
the environmental professional, as defined in Sec. 312.10, must seek to 
identify through the conduct of the standards and practices set forth in 
this subpart, the following types of information about the subject 
property:
    (i) Current and past property uses and occupancies;
    (ii) Current and past uses of hazardous substances, pollutants, 
contaminants, petroleum and petroleum products, and controlled 
substances (as defined in 21 U.S.C. 802);
    (iii) Waste management and disposal activities;
    (iv) Current and past corrective actions and response activities 
undertaken to address past and on-going releases of hazardous substances 
pollutants, contaminants, petroleum and petroleum products, and 
controlled substances (as defined in 21 U.S.C. 802);
    (v) Engineering controls;
    (vi) Institutional controls; and
    (vii) Properties adjoining or located nearby the subject property 
that have environmental conditions that could have resulted in 
conditions indicative of releases or threatened releases of hazardous 
substances, pollutants, contaminants, petroleum and petroleum products, 
and controlled substances (as

[[Page 398]]

defined in 21 U.S.C. 802) to the subject property.
    (f) Performance factors. In performing each of the standards and 
practices set forth in this subpart and to meet the objectives stated in 
paragraph (e) of this section, the persons identified under Sec. 
312.1(b) or the environmental professional as defined in Sec. 312.10 
(as appropriate to the particular standard and practice) must seek to:
    (1) Gather the information that is required for each standard and 
practice listed in this subpart that is publicly available, obtainable 
from its source within reasonable time and cost constraints, and which 
can practicably be reviewed; and
    (2) Review and evaluate the thoroughness and reliability of the 
information gathered in complying with each standard and practice listed 
in this subpart taking into account information gathered in the course 
of complying with the other standards and practices of this subpart.
    (g) To the extent there are data gaps (as defined in Sec. 312.10) 
in the information developed as part of the inquiries in paragraph (e) 
of this section that affect the ability of persons (including the 
environmental professional) conducting the all appropriate inquiries to 
identify conditions indicative of releases or threatened releases in 
each area of inquiry under each standard and practice such persons 
should identify such data gaps, identify the sources of information 
consulted to address such data gaps, and comment upon the significance 
of such data gaps with regard to the ability to identify conditions 
indicative of releases or threatened releases of hazardous substances 
[and in the case of persons identified in Sec. 312.1(b)(2), hazardous 
substances, pollutants, contaminants, petroleum and petroleum products, 
and controlled substances (as defined in 21 U.S.C. 802)] on, at, in, or 
to the subject property. Sampling and analysis may be conducted to 
develop information to address data gaps.
    (h) Releases and threatened releases identified as part of the all 
appropriate inquiries should be noted in the report of the inquiries. 
These standards and practices however are not intended to require the 
identification in the written report prepared pursuant to Sec. 
312.21(c) of quantities or amounts, either individually or in the 
aggregate, of hazardous substances pollutants, contaminants, petroleum 
and petroleum products, and controlled substances (as defined in 21 
U.S.C. 802) that because of said quantities and amounts, generally would 
not pose a threat to human health or the environment.



Sec. 312.21  Results of inquiry by an environmental professional.

    (a) Persons identified under Sec. 312.1(b) must undertake an 
inquiry, as defined in paragraph (b) of this section, by an 
environmental professional, or conducted under the supervision or 
responsible charge of, an environmental professional, as defined in 
Sec. 312.10. Such inquiry is hereafter referred to as ``the inquiry of 
the environmental professional.''
    (b) The inquiry of the environmental professional must include the 
requirements set forth in Sec. Sec. 312.23 (interviews with past and 
present owners * * *), 312.24 (reviews of historical sources * * *), 
312.26 (reviews of government records), 312.27 (visual inspections), 
312.30 (commonly known or reasonably ascertainable information), and 
312.31 (degree of obviousness of the presence * * * and the ability to 
detect the contamination * * *). In addition, the inquiry should take 
into account information provided to the environmental professional as a 
result of the additional inquiries conducted by persons identified in 
Sec. 312.1(b) and in accordance with the requirements of Sec. 312.22.
    (c) The results of the inquiry by an environmental professional must 
be documented in a written report that, at a minimum, includes the 
following:
    (1) An opinion as to whether the inquiry has identified conditions 
indicative of releases or threatened releases of hazardous substances 
[and in the case of inquiries conducted for persons identified in Sec. 
312.1(b)(2) conditions indicative of releases and threatened releases of 
pollutants, contaminants, petroleum and petroleum products, and 
controlled substances (as defined in 21 U.S.C. 802)] on, at, in, or to 
the subject property;

[[Page 399]]

    (2) An identification of data gaps (as defined in Sec. 312.10) in 
the information developed as part of the inquiry that affect the ability 
of the environmental professional to identify conditions indicative of 
releases or threatened releases of hazardous substances [and in the case 
of inquiries conducted for persons identified in Sec. 312.1(b)(2) 
conditions indicative of releases and threatened releases of pollutants, 
contaminants, petroleum and petroleum products, and controlled 
substances (as defined in 21 U.S.C. 802)] on, at, in, or to the subject 
property and comments regarding the significance of such data gaps on 
the environmental professional's ability to provide an opinion as to 
whether the inquiry has identified conditions indicative of releases or 
threatened releases on, at, in, or to the subject property. If there are 
data gaps such that the environmental professional cannot reach an 
opinion regarding the identification of conditions indicative of 
releases and threatened releases, such data gaps must be noted in the 
environmental professional's opinion in paragraph (c)(1) of this 
section; and
    (3) The qualifications of the environmental professional(s).
    (d) The environmental professional must place the following 
statements in the written document identified in paragraph (c) of this 
section and sign the document:

    ``[I, We] declare that, to the best of [my, our] professional 
knowledge and belief, [I, we] meet the definition of Environmental 
Professional as defined in Sec. 312.10 of this part.''
    ``[I, We] have the specific qualifications based on education, 
training, and experience to assess a property of the nature, history, 
and setting of the subject property. [I, We] have developed and 
performed the all appropriate inquiries in conformance with the 
standards and practices set forth in 40 CFR Part 312.''



Sec. 312.22  Additional inquiries.

    (a) Persons identified under Sec. 312.1(b) must conduct the 
inquiries listed in paragraphs (a)(1) through (a)(4) below and may 
provide the information associated with such inquiries to the 
environmental professional responsible for conducting the activities 
listed in Sec. 312.21:
    (1) As required by Sec. 312.25 and if not otherwise obtained by the 
environmental professional, environmental cleanup liens against the 
subject property that are filed or recorded under federal, tribal, 
state, or local law;
    (2) As required by Sec. 312.28, specialized knowledge or experience 
of the person identified in Sec. 312.1(b);
    (3) As required by Sec. 312.29, the relationship of the purchase 
price to the fair market value of the subject property, if the property 
was not contaminated; and
    (4) As required by Sec. 312.30, and if not otherwise obtained by 
the environmental professional, commonly known or reasonably 
ascertainable information about the subject property.



Sec. 312.23  Interviews with past and present owners, operators, and 
occupants.

    (a) Interviews with owners, operators, and occupants of the subject 
property must be conducted for the purposes of achieving the objectives 
and performance factors of Sec. 312.20(e) and (f).
    (b) The inquiry of the environmental professional must include 
interviewing the current owner and occupant of the subject property. If 
the property has multiple occupants, the inquiry of the environmental 
professional shall include interviewing major occupants, as well as 
those occupants likely to use, store, treat, handle or dispose of 
hazardous substances [and in the case of inquiries conducted for persons 
identified in Sec. 312.1(b)(2) pollutants, contaminants, petroleum and 
petroleum products, and controlled substances (as defined in 21 U.S.C. 
802)], or those who have likely done so in the past.
    (c) The inquiry of the environmental professional also must include, 
to the extent necessary to achieve the objectives and performance 
factors of Sec. 312.20(e) and (f), interviewing one or more of the 
following persons:
    (1) Current and past facility managers with relevant knowledge of 
uses and physical characteristics of the property;
    (2) Past owners, occupants, or operators of the subject property; or
    (3) Employees of current and past occupants of the subject property.

[[Page 400]]

    (d) In the case of inquiries conducted at ``abandoned properties,'' 
as defined in Sec. 312.10, where there is evidence of potential 
unauthorized uses of the subject property or evidence of uncontrolled 
access to the subject property, the environmental professional's inquiry 
must include interviewing one or more (as necessary) owners or occupants 
of neighboring or nearby properties from which it appears possible to 
have observed uses of, or releases at, such abandoned properties for the 
purpose of gathering information necessary to achieve the objectives and 
performance factors of Sec. 312.20(e) and (f).



Sec. 312.24  Reviews of historical sources of information.

    (a) Historical documents and records must be reviewed for the 
purposes of achieving the objectives and performance factors of Sec. 
312.20(e) and (f). Historical documents and records may include, but are 
not limited to, aerial photographs, fire insurance maps, building 
department records, chain of title documents, and land use records.
    (b) Historical documents and records reviewed must cover a period of 
time as far back in the history of the subject property as it can be 
shown that the property contained structures or from the time the 
property was first used for residential, agricultural, commercial, 
industrial, or governmental purposes. For the purpose of achieving the 
objectives and performance factors of Sec. 312.20(e) and (f), the 
environmental professional may exercise professional judgment in context 
of the facts available at the time of the inquiry as to how far back in 
time it is necessary to search historical records.



Sec. 312.25  Searches for recorded environmental cleanup liens.

    (a) All appropriate inquiries must include a search for the 
existence of environmental cleanup liens against the subject property 
that are filed or recorded under federal, tribal, state, or local law.
    (b) All information collected regarding the existence of such 
environmental cleanup liens associated with the subject property by 
persons to whom this part is applicable per Sec. 312.1(b) and not by an 
environmental professional, may be provided to the environmental 
professional or retained by the applicable party.



Sec. 312.26  Reviews of Federal, State, Tribal, and local government 
records.

    (a) Federal, tribal, state, and local government records or data 
bases of government records of the subject property and adjoining 
properties must be reviewed for the purposes of achieving the objectives 
and performance factors of Sec. 312.20(e) and (f).
    (b) With regard to the subject property, the review of federal, 
tribal, and state government records or data bases of such government 
records and local government records and data bases of such records 
should include:
    (1) Records of reported releases or threatened releases, including 
site investigation reports for the subject property;
    (2) Records of activities, conditions, or incidents likely to cause 
or contribute to releases or threatened releases as defined in Sec. 
312.1(c), including landfill and other disposal unit location records 
and permits, storage tank records and permits, hazardous waste handler 
and generator records and permits, federal, tribal and state government 
listings of sites identified as priority cleanup sites, and spill 
reporting records;
    (3) CERCLIS records;
    (4) Public health records;
    (5) Emergency Response Notification System records;
    (6) Registries or publicly available lists of engineering controls; 
and
    (7) Registries or publicly available lists of institutional 
controls, including environmental land use restrictions, applicable to 
the subject property.
    (c) With regard to nearby or adjoining properties, the review of 
federal, tribal, state, and local government records or databases of 
government records should include the identification of the following:
    (1) Properties for which there are government records of reported 
releases or threatened releases. Such records or databases containing 
such records and the associated distances

[[Page 401]]

from the subject property for which such information should be searched 
include the following:
    (i) Records of NPL sites or tribal- and state-equivalent sites (one 
mile);
    (ii) RCRA facilities subject to corrective action (one mile);
    (iii) Records of federally-registered, or state-permitted or 
registered, hazardous waste sites identified for investigation or 
remediation, such as sites enrolled in state and tribal voluntary 
cleanup programs and tribal- and state-listed brownfields sites (one-
half mile);
    (iv) Records of leaking underground storage tanks (one-half mile); 
and
    (2) Properties that previously were identified or regulated by a 
government entity due to environmental concerns at the property. Such 
records or databases containing such records and the associated 
distances from the subject property for which such information should be 
searched include the following:
    (i) Records of delisted NPL sites (one-half mile);
    (ii) Registries or publicly available lists of engineering controls 
(one-half mile); and
    (iii) Records of former CERCLIS sites with no further remedial 
action notices (one-half mile).
    (3) Properties for which there are records of federally-permitted, 
tribal-permitted or registered, or state-permitted or registered waste 
management activities. Such records or data bases that may contain such 
records include the following:
    (i) Records of RCRA small quantity and large quantity generators 
(adjoining properties);
    (ii) Records of federally-permitted, tribal-permitted, or state-
permitted (or registered) landfills and solid waste management 
facilities (one-half mile); and
    (iii) Records of registered storage tanks (adjoining property).
    (4) A review of additional government records with regard to sites 
identified under paragraphs (c)(1) through (c)(3) of this section may be 
necessary in the judgment of the environmental professional for the 
purpose of achieving the objectives and performance factors of Sec. 
312.20(e) and (f).
    (d) The search distance from the subject property boundary for 
reviewing government records or databases of government records listed 
in paragraph (c) of this section may be modified based upon the 
professional judgment of the environmental professional. The rationale 
for such modifications must be documented by the environmental 
professional. The environmental professional may consider one or more of 
the following factors in determining an alternate appropriate search 
distance:
    (1) The nature and extent of a release;
    (2) Geologic, hydrogeologic, or topographic conditions of the 
subject property and surrounding environment;
    (3) Land use or development densities;
    (4) The property type;
    (5) Existing or past uses of surrounding properties;
    (6) Potential migration pathways (e.g., groundwater flow direction, 
prevalent wind direction); or
    (7) Other relevant factors.



Sec. 312.27  Visual inspections of the facility and of adjoining 
properties.

    (a) For the purpose of achieving the objectives and performance 
factors of Sec. 312.20(e) and (f), the inquiry of the environmental 
professional must include:
    (1) A visual on-site inspection of the subject property and 
facilities and improvements on the subject property, including a visual 
inspection of the areas where hazardous substances may be or may have 
been used, stored, treated, handled, or disposed. Physical limitations 
to the visual inspection must be noted.
    (2) A visual inspection of adjoining properties, from the subject 
property line, public rights-of-way, or other vantage point (e.g., 
aerial photography), including a visual inspection of areas where 
hazardous substances may be or may have been stored, treated, handled or 
disposed. Physical limitations to the inspection of adjacent properties 
must be noted.
    (b) Persons conducting site characterization and assessments using a 
grant awarded under CERCLA section

[[Page 402]]

104(k)(2)(B) must include in the inquiries referenced in Sec. 312.27(a) 
visual inspections of areas where hazardous substances, and may include, 
as applicable per the terms and conditions of the grant or cooperative 
agreement, pollutants and contaminants, petroleum and petroleum 
products, and controlled substances as defined in 21 U.S.C. 802 may be 
or may have been used, stored, treated, handled or disposed at the 
subject property and adjoining properties.
    (c) Except as noted in this subsection, a visual on-site inspection 
of the subject property must be conducted. In the unusual circumstance 
where an on-site visual inspection of the subject property cannot be 
performed because of physical limitations, remote and inaccessible 
location, or other inability to obtain access to the property, provided 
good faith (as defined in Sec. 312.10) efforts have been taken to 
obtain such access, an on-site inspection will not be required. The mere 
refusal of a voluntary seller to provide access to the subject property 
does not constitute an unusual circumstance. In such unusual 
circumstances, the inquiry of the environmental professional must 
include:
    (1) Visually inspecting the subject property via another method 
(such as aerial imagery for large properties), or visually inspecting 
the subject property from the nearest accessible vantage point (such as 
the property line or public road for small properties);
    (2) Documentation of efforts undertaken to obtain access and an 
explanation of why such efforts were unsuccessful; and
    (3) Documentation of other sources of information regarding releases 
or threatened releases at the subject property that were consulted in 
accordance with Sec. 312.20(e). Such documentation should include 
comments by the environmental professional on the significance of the 
failure to conduct a visual on-site inspection of the subject property 
with regard to the ability to identify conditions indicative of releases 
or threatened releases on, at, in, or to the subject property, if any.



Sec. 312.28  Specialized knowledge or experience on the part of the 
defendant.

    (a) Persons to whom this part is applicable per Sec. 312.1(b) must 
take into account, their specialized knowledge of the subject property, 
the area surrounding the subject property, the conditions of adjoining 
properties, and any other experience relevant to the inquiry, for the 
purpose of identifying conditions indicative of releases or threatened 
releases at the subject property, as defined in Sec. 312.1(c).
    (b) All appropriate inquiries, as outlined in Sec. 312.20, are not 
complete unless the results of the inquiries take into account the 
relevant and applicable specialized knowledge and experience of the 
persons responsible for undertaking the inquiry (as described in Sec. 
312.1(b)).



Sec. 312.29  The relationship of the purchase price to the value of 
the property, if the property was not contaminated.

    (a) Persons to whom this part is applicable per Sec. 312.1(b) must 
consider whether the purchase price of the subject property reasonably 
reflects the fair market value of the property, if the property were not 
contaminated.
    (b) Persons who conclude that the purchase price of the subject 
property does not reasonably reflect the fair market value of that 
property, if the property were not contaminated, must consider whether 
or not the differential in purchase price and fair market value is due 
to the presence of releases or threatened releases of hazardous 
substances.
    (c) Persons conducting site characterization and assessments with 
the use of a grant awarded under CERCLA section 104(k)(2)(B) and who 
know that the purchase price of the subject property does not reasonably 
reflect the fair market value of that property, if the property were not 
contaminated, must consider whether or not the differential in purchase 
price and fair market value is due to the presence of releases or 
threatened releases of hazardous substances, pollutants, contaminants, 
petroleum and petroleum products, or controlled substances as defined in 
21 U.S.C. 802.

[[Page 403]]



Sec. 312.30  Commonly known or reasonably ascertainable information 
about the property.

    (a) Throughout the inquiries, persons to whom this part is 
applicable per Sec. 312.1(b) and environmental professionals conducting 
the inquiry must take into account commonly known or reasonably 
ascertainable information within the local community about the subject 
property and consider such information when seeking to identify 
conditions indicative of releases or threatened releases, as set forth 
in Sec. 312.1(c), at the subject property.
    (b) Commonly known information may include information obtained by 
the person to whom this part applies in Sec. 312.1(b) or by the 
environmental professional about releases or threatened releases at the 
subject property that is incidental to the information obtained during 
the inquiry of the environmental professional.
    (c) To the extent necessary to achieve the objectives and 
performance factors of Sec. 312.20(e) and (f), persons to whom this 
part is applicable per Sec. 312.1(b) and the environmental professional 
must gather information from varied sources whose input either 
individually or taken together may provide commonly known or reasonably 
ascertainable information about the subject property; the environmental 
professional may refer to one or more of the following sources of 
information:
    (1) Current owners or occupants of neighboring properties or 
properties adjacent to the subject property;
    (2) Local and state government officials who may have knowledge of, 
or information related to, the subject property;
    (3) Others with knowledge of the subject property; and
    (4) Other sources of information (e.g., newspapers, Web sites, 
community organizations, local libraries and historical societies).



Sec. 312.31  The degree of obviousness of the presence or likely 
presence of contamination at the property, and the ability to detect 
the contamination by appropriate investigation.

    (a) Persons to whom this part is applicable per Sec. 312.1(b) and 
environmental professionals conducting an inquiry of a property on 
behalf of such persons must take into account the information collected 
under Sec. 312.23 through 312.30 in considering the degree of 
obviousness of the presence of releases or threatened releases at the 
subject property.
    (b) Persons to whom this part is applicable per Sec. 312.1(b) and 
environmental professionals conducting an inquiry of a property on 
behalf of such persons must take into account the information collected 
under Sec. 312.23 through 312.30 in considering the ability to detect 
contamination by appropriate investigation. The inquiry of the 
environmental professional should include an opinion regarding 
additional appropriate investigation, if any.

    Effective Date Note: At 70 FR 66107, Nov. 1, 2005, part 312 was 
revised, effective Nov. 1, 2006.



PART 350_TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY 
RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH 
PROFESSIONALS--Table of Contents




                     Subpart A_Trade Secrecy Claims

Sec.
350.1 Definitions.
350.3 Applicability of subpart; priority where provisions conflict; 
          interaction with 40 CFR part 2.
350.5 Assertion of claims of trade secrecy.
350.7 Substantiating claims of trade secrecy.
350.9 Initial action by EPA.
350.11 Review of claim.
350.13 Sufficiency of assertions.
350.15 Public petitions requesting disclosure of chemical identity 
          claimed as trade secret.
350.16 Address to send trade secrecy claims and petitions requesting 
          disclosure.
350.17 Appeals.
350.18 Release of chemical identity determined to be non-trade secret; 
          notice of intent to release chemical identity.
350.19 Provision of information to States.
350.21 Adverse health effects.
350.23 Disclosure to authorized representatives.
350.25 Disclosure in special circumstances.
350.27 Substantiation form to accompany claims of trade secrecy, 
          instructions to substantiation form.

Appendix A to Subpart A--Restatement of Torts Section 757, Comment b

[[Page 404]]

Subpart B_Disclosure of Trade Secret Information to Health Professionals

350.40 Disclosure to health professionals.

    Authority: 42 U.S.C. 11042, 11043 and 11048 Pub. L. 99-499, 100 
Stat. 1747.

    Source: 53 FR 28801, July 29, 1988, unless otherwise noted.



                     Subpart A_Trade Secrecy Claims



Sec. 350.1  Definitions.

    Administrator and General Counsel mean the EPA officers or employees 
occupying the positions so titled.
    Business confidentiality or confidential business information 
includes the concept of trade secrecy and other related legal concepts 
which give (or may give) a business the right to preserve the 
confidentiality of business information and to limit its use or 
disclosure by others in order that the business may obtain or retain 
business advantages it derives from its right in the information. The 
definition is meant to encompass any concept which authorizes a Federal 
agency to withhold business information under 5 U.S.C. 552(b)(4), as 
well as any concept which requires EPA to withhold information from the 
public for the benefit of a business under 18 U.S.C. 1905.
    Chief Executive Officer of the tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the tribe.
    Claimant means a person submitting a claim of trade secrecy to EPA 
in connection with a chemical otherwise required to be disclosed in a 
report or other filing made under Title III.
    Commission means the emergency response commission for the State in 
which the facility is located except where the facility is located in 
Indian Country, in which case, commission means the emergency response 
commission for the tribe under whose jurisdiction the facility is 
located. In the absence of an emergency response commission, the 
Governor and the chief executive officer, respectively, shall be the 
commission. Where there is a cooperative agreement between a State and a 
Tribe, the commission shall be the entity identified in the agreement.
    Facility means all buildings, equipment, structure, and other 
stationary items that are located on a single site or on contiguous or 
adjacent sites and which are owned or operated by the same person (or by 
any person which controls, is controlled by, or under common control 
with, such person). Facility shall include man-made structures as well 
as all natural structures in which chemicals are purposefully placed or 
removed through human means such that it functions as a containment 
structure for human use. For purposes of emergency release notification, 
the term includes motor vehicles, rolling stock, and aircraft.
    Indian Country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as:
    (a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (b) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (c) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian tribe means those tribes federally recognized by the 
Secretary of the Interior.
    Local emergency planning committee or committee means the local 
emergency planning committee appointed by the emergency response 
commission.
    Petitioner is any person who submits a petition under this 
regulation requesting disclosure of a chemical identity claimed as trade 
secret.
    Sanitized means a version of a document from which information 
claimed as trade secret or confidential has been omitted or withheld.
    Senior management official means an official with management 
responsibility for the person or persons completing the report, or the 
manager of environmental programs for the facility or establishments, or 
for the corporation owning or operating the facility or establishments 
responsible for

[[Page 405]]

certifying similar reports under other environmental regulatory 
requirements.
    Specific chemical identity means the chemical name, Chemical 
Abstracts Service (CAS) Registry Number, or any other information that 
reveals the precise chemical designation of the substance. Where the 
trade name is reported in lieu of the specific chemical identity, the 
trade name will be treated as the specific chemical identity for 
purposes of this part.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, the Northern Mariana Islands, and any 
other territory or possession over which the United States has 
jurisdiction and Indian Country.
    Submitter means a person filing a required report or making a claim 
of trade secrecy to EPA under sections 303 (d)(2) and (d)(3), 311, 312, 
and 313 of Title III.
    Substantiation means the written answers submitted to EPA by a 
submitter to the specific questions set forth in this regulation in 
support of a claim that chemical identity is a trade secret.
    Title III means Title III of the Superfund Amendments and 
Reauthorization Act of 1986, also titled the Emergency Planning and 
Community Right-to-Know Act of 1986.
    Trade secrecy claim is a submittal under sections 303 (d)(2) or 
(d)(3), 311, 312 or 313 of Title III in which a chemical identity is 
claimed as trade secret, and is accompanied by a substantiation in 
support of the claim of trade secrecy for chemical identity.
    Trade secret means any confidential formula, pattern, process, 
device, information or compilation of information that is used in a 
submitter's business, and that gives the submitter an opportunity to 
obtain an advantage over competitors who do not know or use it. EPA 
intends to be guided by the Restatement of Torts, Section 757, Comment 
b.
    Unsanitized means a version of a document from which information 
claimed as trade secret or confidential has not been withheld or 
omitted.
    Working day is any day on which Federal government offices are open 
for normal business. Saturdays, Sundays, and official Federal holidays 
are not working days; all other days are.

[53 FR 28801, July 29, 1988, as amended at 55 FR 30644, July 26, 1990]



Sec. 350.3  Applicability of subpart; priority where provisions 
conflict; interaction with 40 CFR part 2.

    (a) Applicability of subpart. Sections 350.1 through 350.27 
establish rules governing assertion of trade secrecy claims for chemical 
identity information collected under the authority of sections 303 
(d)(2) and (d)(3), 311, 312 and 313 of Title III of the Superfund 
Amendments and Reauthorization Act of 1986, and for trade secrecy or 
business confidentiality claims for information submitted in a 
substantiation under sections 303 (d)(2) and (d)(3), 311, 312, and 313 
of Title III. This subpart also establishes rules governing petitions 
from the public requesting the disclosure of chemical identity claimed 
as trade secret, and determinations by EPA of whether this information 
is entitled to trade secret treatment. Claims for confidentiality of the 
location of a hazardous chemical under section 312(d)(2)(F) of Title III 
are not subject to the requirements of this subpart.
    (b) Priority where provisions conflict. Where information subject to 
the requirements of this subpart is also collected under another 
statutory authority, the confidentiality provisions of that authority 
shall be used to claim that information as trade secret or confidential 
when submitting it to EPA under that statutory authority.
    (c) Interaction with 40 CFR part 2, EPA's Freedom of Information Act 
procedures. (1) No trade secrecy or business confidentiality claims 
other than those allowed in this subpart are permitted for information 
collected under sections 303 (d)(2) and (d)(3), 311, 312 and 313 of 
Title III.
    (2) Except as provided in Sec. 350.25 of this subpart, request for 
access to chemical identities withheld as trade secret under this 
regulation is solely through this regulation and procedures hereunder, 
not through EPA's Freedom

[[Page 406]]

of Information Act procedures set forth at 40 CFR part 2.
    (3) Request for access to information other than chemical identity 
submitted to EPA under this regulation is through EPA's Freedom of 
Information Act regulations at 40 CFR part 2.



Sec. 350.5  Assertion of claims of trade secrecy.

    (a) A claim of trade secrecy may be made only for the specific 
chemical identity of an extremely hazardous substance under sections 303 
(d)(2) and (d)(3), a hazardous chemical under sections 311 and 312, and 
a toxic chemical under section 313.
    (b) Method of asserting claims of trade secrecy for information 
submitted under sections 303 (d)(2) and (d)(3).
    (1) In submitting information to the local emergency planning 
committee under sections 303 (d)(2) or (d)(3), the submitter may claim 
as trade secret the specific chemical identity of any chemical subject 
to reporting under section 303.
    (2) To make a claim, the submitter shall submit to EPA the 
following:
    (i) A copy of the information which is being submitted under 
sections 303 (d)(2) or (d)(3) to the local emergency planning committee, 
with the chemical identity or identities claimed trade secret deleted, 
and the generic class or category of the chemical identity or identities 
inserted in its place. The method of choosing generic class or category 
is set forth in paragraph (f) of this section.
    (ii) A sanitized and unsanitized substantiation in accordance with 
Sec. 350.7 for each chemical identity claimed as trade secret.
    (3) If the submitter wishes to claim information in the 
substantiation as trade secret or business confidential, it shall do so 
in accordance with Sec. 350.7(d).
    (4) Section 303 claims shall be sent to the address specified in 
Sec. 350.16 of this regulation.
    (c) Method of asserting claims of trade secrecy for information 
submitted under section 311.
    (1) Submitters may claim as trade secret the specific chemical 
identity of any chemical subject to reporting under section 311 on the 
material safety data sheet or chemical list under section 311.
    (2) To assert a claim for a chemical identity on a material safety 
data sheet under section 311, the submitter shall submit to EPA the 
following:
    (i) One copy of the material safety data sheet which is being 
submitted to the State emergency response commission, the local 
emergency planning committee and the local fire department, which shall 
make it available to the public. In place of the specific chemical 
identity claimed as trade secret, the generic class or category of the 
chemical claimed as trade secret shall be inserted. The method of 
choosing generic class or category is set forth in paragraph (f) of this 
section.
    (ii) A sanitized and unsanitized substantiation in accordance with 
Sec. 350.7 for every chemical identity claimed as trade secret.
    (3) To assert a claim for a chemical identity on a list under 
section 311, the submitter shall submit to EPA the following:
    (i) An unsanitized copy of the chemical list under section 311. The 
submitter shall clearly indicate the specific chemical identity claimed 
as trade secret, and shall label it ``Trade Secret.'' The generic class 
or category of the chemical claimed as trade secret shall be inserted 
directly below the claimed chemical identity. The method of choosing 
generic class or category is set forth in paragraph (f) of this section.
    (ii) A sanitized copy of the chemical list under section 311. This 
copy shall be identical to the document in paragraph (c)(3)(i) of this 
section except that the submitter shall delete the chemical identity 
claimed as trade secret, leaving in place the generic class or category 
of the chemical claimed as trade secret. This copy shall be sent by the 
submitter to the State emergency response commission, the local 
emergency planning committee and the local fire department, which shall 
make it available to the public.
    (iii) A sanitized and unsanitized substantiation in accordance with 
Sec. 350.7 for every chemical identity claimed as trade secret.
    (4) If the submitter wishes to claim information in the 
substantiation as

[[Page 407]]

trade secret or business confidential, it shall do so in accordance with 
Sec. 350.7(d).
    (5) Section 311 claims shall be sent to the address specified in 
Sec. 350.16 of this regulation.
    (d) Method of asserting claims of trade secrecy for information 
submitted under section 312.
    (1) Submitters may claim as trade secret the specific chemical 
identity of any chemical subject to reporting under section 312.
    (2) To assert a claim the submitter shall submit to EPA the 
following:
    (i) An unsanitized copy of the Tier II emergency and hazardous 
chemical inventory form under section 312. (The Tier I emergency and 
hazardous chemical inventory form does not require the reporting of 
specific chemical identity and therefore no trade secrecy claims may be 
made with respect to that form.) The submitter shall clearly indicate 
the specific chemical identity claimed as trade secret by checking the 
box marked ``trade secret'' next to the claimed chemical identity.
    (ii) A sanitized copy of the Tier II emergency and hazardous 
chemical inventory form. This copy shall be identical to the document in 
paragraph (d)(2)(i) of this section except that the submitter shall 
delete the chemical identity or identities claimed as trade secret and 
include instead the generic class or category of the chemical claimed as 
trade secret. The method of choosing generic class or category is set 
forth in paragraph (f) of this section. The sanitized copy shall be sent 
by the submitter to the State emergency response commission, local 
emergency planning committee or the local fire department, whichever 
entity requested the information.
    (iii) A sanitized and unsanitized substantiation in accordance with 
Sec. 350.7 for every chemical identity claimed as trade secret.
    (3) If the submitter wishes to claim information in the 
substantiation as trade secret or business confidential, it shall do so 
in accordance with Sec. 350.7(d).
    (4) Section 312 claims shall be sent to the address specified in 
Sec. 350.16 of this regulation.
    (e) Method of asserting claims of trade secrecy for information 
submitted under section 313.
    (1) Submitters may claim as trade secret the specific chemical 
identity of any chemical subject to reporting under section 313.
    (2) To make a claim, the submitter shall submit to EPA the 
following:
    (i) An unsanitized copy of the toxic release inventory form under 
section 313 with the information claimed as trade secret clearly 
identified. To do this, the submitter shall check the box on the form 
indicating that the chemical identity is being claimed as trade secret. 
The submitter shall enter the generic class or category that is 
structurally descriptive of the chemical, as specified in paragraph (f) 
of this section.
    (ii) A sanitized copy of the toxic release inventory form. This copy 
shall be identical to the document in paragraph (e)(2)(i) of this 
section except that the submitter shall delete the chemical identity 
claimed as trade secret. This copy shall also be submitted to the State 
official or officials designated to receive this information.
    (iii) A sanitized and unsanitized substantiation in accordance with 
Sec. 350.7 for every chemical identity claimed as trade secret.
    (3) If the submitter wishes to claim information in the 
substantiation as trade secret or business confidential, it shall do so 
in accordance with Sec. 350.7(d).
    (4) Section 313 claims shall be sent to the address specified in 
Sec. 350.16 of this regulation.
    (f) Method of choosing generic class or category for sections 303, 
311, 312 and 313. A facility owner or operator claiming chemical 
identity as trade secret should choose a generic class or category for 
the chemical that is structurally descriptive of the chemical.
    (g) If a specific chemical identity is submitted under Title III to 
EPA, or to a State emergency response commission, designated State 
agency, local emergency planning committee or local fire department, 
without asserting a trade secrecy claim, the chemical identity shall be 
considered to have been voluntarily disclosed, and non-trade secret.
    (h) A submitter making a trade secrecy claim under this section 
shall submit to entities other than EPA (e.g., a designated State 
agency, local

[[Page 408]]

emergency planning committee and local fire department) only the 
sanitized or public copy of the submission and substantiation.



Sec. 350.7  Substantiating claims of trade secrecy.

    (a) Claims of trade secrecy must be substantiated by providing a 
specific answer including, where applicable, specific facts, to each of 
the following questions with the submission to which the trade secrecy 
claim pertains. Submitters must answer these questions on the form 
entitled ``Substantiation to Accompany Claims of Trade Secrecy'' in 
Sec. 350.27 of this subpart.
    (1) Describe the specific measures you have taken to safeguard the 
confidentiality of the chemical identity claimed as trade secret, and 
indicate whether these measures will continue in the future.
    (2) Have you disclosed the information claimed as trade secret to 
any other person (other than a member of a local emergency planning 
committee, officer or employee of the United States or a State or local 
government, or your employee) who is not bound by a confidentiality 
agreement to refrain from disclosing this trade secret information to 
others?
    (3) List all local, State, and Federal government entities to which 
you have disclosed the specific chemical identity. For each, indicate 
whether you asserted a confidentiality claim for the chemical identity 
and whether the government entity denied that claim.
    (4) In order to show the validity of a trade secrecy claim, you must 
identify your specific use of the chemical claimed as trade secret and 
explain why it is a secret of interest to competitors. Therefore:
    (i) Describe the specific use of the chemical claimed as trade 
secret, identifying the product or process in which it is used. (If you 
use the chemical other than as a component of a product or in a 
manufacturing process, identify the activity where the chemical is 
used.)
    (ii) Has your company or facility identity been linked to the 
specific chemical identity claimed as trade secret in a patent, or in 
publications or other information sources available to the public or 
your competitors (of which you are aware)? If so, explain why this 
knowledge does not eliminate the justification for trade secrecy.
    (iii) If this use of the chemical claimed as trade secret is unknown 
outside your company, explain how your competitors could deduce this use 
from disclosure of the chemical identity together with other information 
on the Title III submittal form.
    (iv) Explain why your use of the chemical claimed as trade secret 
would be valuable information to your competitors.
    (5) Indicate the nature of the harm to your competitive position 
that would likely result from disclosure of the specific chemical 
identity, and indicate why such harm would be substantial.
    (6)(i) To what extent is the chemical claimed as trade secret 
available to the public or your competitors in products, articles, or 
environmental releases?
    (ii) Describe the factors which influence the cost of determining 
the identity of the chemical claimed as trade secret by chemical 
analysis of the product, article, or waste which contains the chemical 
(e.g., whether the chemical is in pure form or is mixed with other 
substances).
    (b) The answers to the substantiation questions listed in paragraph 
(a) of this section are to be submitted on the form in Sec. 350.27 of 
this subpart, and included with a submitter's trade secret claim.
    (c) An owner, operator or senior official with management 
responsibility shall sign the certification at the end of the form 
contained in Sec. 350.27. The certification in both the sanitized and 
unsanitized versions of the substantiation must bear an original 
signature.
    (d) Claims of confidentiality in the substantiation. (1) The 
submitter may claim as confidential any trade secret or confidential 
business information contained in the substantiation. Such claims for 
material in the substantiation are not limited to claims of trade 
secrecy for specific chemical identity, but may also include claims of 
confidentiality for any confidential business information. To claim this 
material as confidential, the submitter shall clearly designate those 
portions of the substantiation to be claimed as

[[Page 409]]

confidential by marking those portions ``Confidential,'' or ``Trade 
Secret.'' Information not so marked will be treated as public and may be 
disclosed without notice to the submitter.
    (2) An owner, operator, or senior official with management 
responsibility shall sign the certification stating that those portions 
of the substantiation claimed as confidential would, if disclosed, 
reveal the chemical identity being claimed as a trade secret, or would 
reveal other confidential business or trade secret information. This 
certification is combined on the substantiation form in Sec. 350.27 
with the certification described in paragraph (c) of this section.
    (3) The submitter shall submit to EPA two copies of the 
substantiation, one of which shall be the unsanitized version, and the 
other shall be the sanitized version.
    (i) The unsanitized copy shall contain all of the information 
claimed as trade secret or business confidential, marked as indicated in 
paragraph (d)(1) of this section.
    (ii) The second copy shall be identical to the unsanitized 
substantiation except that it will be a sanitized version, in which all 
of the information claimed as trade secret or confidential shall be 
deleted. If any of the information claimed as trade secret in the 
substantiation is the chemical identity which is the subject of the 
substantiation, the submitter shall include the appropriate generic 
class or category of the chemical claimed as trade secret. This 
sanitized copy shall be submitted to the State emergency response 
commission, a designated State agency, the local emergency planning 
committee and the local fire department, as appropriate, and made 
publicly available.
    (e) Supplemental information. (1) EPA may request supplemental 
information from the submitter in support of its trade secret claim, 
pursuant to Sec. 350.11(a)(1). EPA may specify the kind of information 
to be submitted, or the submitter may submit any additional detailed 
information which further supports the truth of the information 
previously supplied to EPA in its initial substantiation, under this 
section.
    (2) The submitter may claim as confidential any trade secret or 
confidential business information contained in the supplemental 
information. To claim this material as confidential, the submitter shall 
clearly designate those portions of the supplemental information to be 
claimed as confidential by marking those portions ``Confidential,'' or 
``Trade Secret.'' Information not so marked will be treated as public 
and may be disclosed without notice to the submitter.
    (3) If portions of the supplementary information are claimed 
confidential, an owner, operator, or senior official with management 
responsibility of the submitter shall certify that those portions of the 
supplemental information claimed as confidential would, if disclosed, 
reveal the chemical identity being claimed as confidential or would 
reveal other confidential business or trade secret information.
    (4) If supplemental information is requested by EPA and the 
submitter claims portions of it as trade secret or confidential, then 
the submitter shall submit to EPA two copies of the supplemental 
information, an unsanitized and a sanitized version.
    (i) The unsanitized version shall contain all of the information 
claimed as trade secret or business confidential, marked as indicated 
above in paragraph (e)(2) of this section.
    (ii) The second copy shall be identical to the unsanitized 
substantiation except that it will be a sanitized version, in which all 
of the information claimed as trade secret or confidential shall be 
deleted. If any of the information claimed as trade secret in the 
supplemental information is the chemical identity which is the subject 
of the substantiation, the submitter shall include the appropriate 
generic class or category of the chemical claimed as trade secret.



Sec. 350.9  Initial action by EPA.

    (a) When a claim of trade secrecy, made in accordance with Sec. 
350.5 of this part, is received by EPA, that information is treated as 
confidential until a contrary determination is made.
    (b) A determination as to the validity of a trade secrecy claim 
shall be initiated upon receipt by EPA of a petition under Sec. 350.15 
or may be initiated at

[[Page 410]]

any time by EPA if EPA desires to determine whether chemical identity 
information claimed as trade secret is entitled to trade secret 
treatment, even though no request for release of the information has 
been received.
    (c) If EPA initiates a determination as to the validity of a trade 
secrecy claim, the procedures set forth in Sec. Sec. 350.11, 350.15, 
and 350.17 shall be followed in making the determination.
    (d) When EPA receives a petition requesting disclosure of trade 
secret chemical identity or if EPA decides to initiate a determination 
of the validity of a trade secrecy claim for chemical identity, EPA 
shall first make a determination that the chemical identity claimed as 
trade secret is not the subject of a prior trade secret determination by 
EPA concerning the same submitter and facility, or if it is, that the 
prior determination upheld the submitter's claim of trade secrecy for 
that chemical identity at that facility.
    (1) If EPA determines that the chemical identity claimed as trade 
secret is not the subject of a prior trade secret determination by EPA 
concerning the same submitter and the same facility, or if it is, that 
the prior determination upheld the submitter's claim of trade secrecy, 
then EPA shall review the submitter's claim according to Sec. 350.1l.
    (2) If such a prior determination held that the submitter's claim 
for that chemical identity is invalid, and such determination was not 
challenged by appeal to the General Counsel, or by review in the 
District Court, or, if challenged, was upheld, EPA shall notify the 
submitter by certified mail (return receipt requested) that the chemical 
identity claimed as trade secret is the subject of a prior, final Agency 
determination concerning the same facility in which it was held that 
such a claim was invalid. In this notification EPA shall include notice 
of intent to disclose chemical identity within 10 days pursuant to Sec. 
350.18(c) of this subpart. EPA shall also notify the petitioner by 
regular mail of the action taken pursuant to this section.



Sec. 350.11  Review of claim.

    (a) Determination of sufficiency. When EPA receives a petition 
submitted pursuant to Sec. 350.15, or if EPA initiates a determination 
of the validity of a trade secrecy claim for chemical identity, and EPA 
has made a determination, as required in paragraph (d)(1) of Sec. 
350.9, then EPA shall determine whether the submitter has presented 
sufficient support for its claim of trade secrecy in its substantiation. 
EPA must make such a determination within 30 days of receipt of a 
petition. A claim of trade secrecy for chemical identity will be 
considered sufficient if, assuming all of the information presented in 
the substantiation is true, this supporting information could support a 
valid claim of trade secrecy. A claim is sufficient if it meets the 
criteria set forth in Sec. 350.13.
    (1) Sufficient claim. If the claim meets the criteria of sufficiency 
set forth in Sec. 350.13, EPA shall notify the submitter in writing, by 
certified mail (return receipt requested), that it has 30 days from the 
date of receipt of the notice to submit supplemental information in 
writing in accordance with Sec. 350.7(e), to support the truth of the 
facts asserted in the substantiation. EPA will not accept any 
supplemental information, in response to this notice, submitted after 
the 30 day period has expired. The notice required by this section shall 
include the address to which supplemental information must be sent. The 
notice may specifically request supplemental information in particular 
areas relating to the submitter's claim. The notice must also inform the 
submitter of his right to claim any trade secret or confidential 
business information as confidential, and shall include a reference to 
Sec. 350.7(e) of this regulation as the source for the proper procedure 
for claiming trade secrecy for trade secret or confidential business 
information submitted in the supplemental information requested by EPA.
    (2) Insufficient claim. If the claim does not meet the criteria of 
sufficiency set forth in Sec. 350.13, EPA shall notify the submitter in 
writing of this fact by certified mail (return receipt requested). Upon 
receipt of this notice, the submitter may either file an appeal of the 
matter to the General Counsel under paragraph (a)(2)(i) of this section, 
or, for good cause shown, submit additional material in support of its 
claim

[[Page 411]]

of trade secrecy to EPA under paragraph (a)(2)(ii) of this section. The 
notice required by this section shall include the reasons for EPA's 
decision that the submitter's claim is insufficient, and shall inform 
the submitter of its rights within 30 days of receiving notice to file 
an appeal with EPA's General Counsel or to amend its original 
substantiation for good cause shown. The notice shall include the 
address of the General Counsel, and the address of the office to which 
an amendment for good cause shown should be sent. The notice shall also 
include a reference to Sec. 350.11(a)(2)(i)-(iv) of this subpart as the 
source on the proper procedures for filing an appeal or for amending the 
original substantiation.
    (i) Appeal. The submitter may file an appeal of a determination of 
insufficiency with the General Counsel within 30 days of receipt of the 
notice of insufficiency, in accordance with the procedures set forth in 
Sec. 350.17.
    (ii) Good Cause. In lieu of an appeal to the General Counsel, the 
submitter may send additional material in support of its trade secrecy 
claim, for good cause shown, within 30 days of receipt of the notice of 
insufficiency. To do so, the submitter shall notify EPA by letter of its 
contentions as to good cause, and shall include in that letter the 
additional supporting material.
    (iii) Good cause is limited to one or more of the following reasons:
    (A) The submitter was not aware of the facts underlying the 
additional information at the time the substantiation was submitted, and 
could not reasonably have known the facts at that time; or
    (B) EPA regulations and other EPA guidance did not call for such 
information at the time the substantiation was submitted; or
    (C) The submitter had made a good faith effort to submit a complete 
substantiation, but failed to do so due to an inadvertent omission or 
clerical error.
    (iv) If EPA determines that the submitter has met the standard for 
good cause, then EPA shall decide, pursuant to paragraph (a) of this 
section, whether the submitter's claim meets the Agency's standards of 
sufficiency set forth in Sec. 350.13.
    (A) If after receipt of additional material for good cause, EPA 
decides the claim is sufficient, EPA will determine whether the claim 
presents a valid claim of trade secrecy according to the procedures set 
forth in paragraph (b) of this section.
    (B) If after receipt of additional material for good cause, EPA 
decides the claim is insufficient, EPA will notify the submitter by 
certified mail (return receipt requested) and the submitter may seek 
review in U.S. District Court within 30 days of receipt of the notice. 
The notice required by this paragraph shall include EPA's reasons for 
its determination, and shall inform the submitter of its right to seek 
review in U.S. District Court within 30 days of receipt of the notice. 
The petitioner shall be notified of EPA's decision by regular mail.
    (v) If EPA determines that the submitter has not met the standard 
for good cause, then EPA shall notify the submitter by certified mail 
(return receipt requested). The submitter may seek review of EPA's 
decision in U.S. District Court within 30 days of receipt of the notice. 
The notice required in this paragraph shall include EPA's reasons for 
its determination, and shall inform the submitter of its right to seek 
review in U.S. District Court within 30 days of receipt of the notice. 
The petitioner shall be notified of EPA's decision by regular mail.
    (b) Determination of trade secrecy. Once a claim has been determined 
to be sufficient under paragraph (a) of this section, EPA must decide 
whether the claim is entitled to trade secrecy.
    (1) If EPA determines that the information submitted in support of 
the trade secrecy claim is true and that the chemical identity is a 
trade secret, the petitioner shall be notified by certified mail (return 
receipt requested) of EPA's determination and may bring an action in 
U.S. District Court within 30 days of receipt of such notice. The notice 
required in this paragraph shall include the reasons why EPA has 
determined that the chemical identity is a trade secret and shall inform 
the petitioner of its right to seek review in U.S. District Court within 
30 days of

[[Page 412]]

receipt of the notice. The submitter shall be notified of EPA's decision 
by regular mail.
    (2) If EPA decides that the information submitted in support of the 
trade secrecy claim is not true and that the chemical identity is not a 
trade secret:
    (i) The submitter shall be notified by certified mail (return 
receipt requested) of EPA's determination and may appeal to the General 
Counsel within 30 days of receipt of such notice, in accordance with the 
procedures set forth in Sec. 350.17. The notice required by this 
paragraph shall include the reasons why EPA has determined that the 
chemical identity is not a trade secret and shall inform the submitter 
of its appeal rights to EPA's General Counsel. The notice shall include 
the address to which an appeal should be sent and the procedure for 
filing an appeal, as set forth in Sec. 350.17(a) of this subpart. The 
petitioner shall be notified of EPA's decision by regular mail.
    (ii) The General Counsel shall notify the submitter by certified 
mail (return receipt requested) of its decision on appeal pursuant to 
the requirements in Sec. 350.17. The notice required by this paragraph 
shall include the reasons for EPA's determination. If the General 
Counsel affirms the decision that the chemical identity is not a trade 
secret, then the submitter shall have 30 days from the date it receives 
notice of the General Counsel's decision to bring an action in U.S. 
District Court. If the General Counsel decides that the chemical 
identity is a trade secret, then EPA shall follow the procedure set 
forth in paragraph (b)(1) of this section.



Sec. 350.13  Sufficiency of assertions.

    (a) A substantiation submitted under Sec. 350.7 will be determined 
to be insufficient to support a claim of trade secrecy unless the 
answers to the questions in the substantiation submitted under Sec. 
350.7 support all of the following conclusions. This substantiation must 
include, where applicable, specific facts.
    (1) The submitter has not disclosed the information to any other 
person, other than a member of a local emergency planning committee, an 
officer or employee of the United States or a State or local government, 
an employee of such person, or a person who is bound by a 
confidentiality agreement, and such person has taken reasonable measures 
to protect the confidentiality of such information and intends to 
continue to take such measures. To support this conclusion, the facts 
asserted must show all of the following:
    (i) The submitter has taken reasonable measures to prevent 
unauthorized disclosure of the specific chemical identity and will 
continue to take such measures.
    (ii) The submitter has not disclosed the specific chemical identity 
to any person who is not bound by an agreement to refrain from 
disclosing the information.
    (iii) The submitter has not previously disclosed the specific 
chemical identity to a local, State, or Federal government entity 
without asserting a confidentiality claim.
    (2) The information is not required to be disclosed, or otherwise 
made available, to the public under any other Federal or State law.
    (3) Disclosure of the information is likely to cause substantial 
harm to the competitive position of such person. To support this 
conclusion, the facts asserted must show all of the following:
    (i) Either: (A) Competitors do not know or the submitter is not 
aware that competitors know that the chemical whose identity is being 
claimed trade secret can be used in the fashion that the submitter uses 
it, and competitors cannot easily duplicate the specific use of this 
chemical through their own research and development activities; or
    (B) Competitors are not aware or the submitter does not know whether 
competitors are aware that the submitter is using this chemical in this 
fashion.
    (ii) The fact that the submitter manufactures, imports or otherwise 
uses this chemical in a particular fashion is not contained in any 
publication or other information source (of which the submitter is 
aware) available to competitors or the public.
    (iii) The non-confidential version of the submission under this 
title does not contain sufficient information to enable competitors to 
determine the

[[Page 413]]

specific chemical identity withheld therefrom.
    (iv) The information referred to in paragraph (a)(3)(i)(A) of this 
section, is of value to competitors.
    (v) Competitors are likely to use this information to the economic 
detriment of the submitter and are not precluded from doing so by a 
United States patent.
    (vi) The resulting harm to submitter's competitive position would be 
substantial.
    (4) The chemical identity is not readily discoverable through 
reverse engineering. To support this conclusion, the facts asserted must 
show that competitors cannot readily discover the specific chemical 
identity by analysis of the submitter's products or environmental 
releases.
    (b) The sufficiency of the trade secrecy claim shall be decided 
entirely upon the information submitted under Sec. 350.7, or Sec. 
350.11(a)(2)(ii).



Sec. 350.15  Public petitions requesting disclosure of chemical identity 
claimed as trade secret.

    (a) The public may request the disclosure of chemical identity 
claimed as trade secret by submitting a written petition to the address 
specified in Sec. 350.16.
    (b) The petition shall include:
    (1) The name, address, and telephone number of the petitioner;
    (2) The name and address of the company claiming the chemical 
identity as trade secret; and
    (3) A copy of the submission in which the submitter claimed chemical 
identity as trade secret, with a specific indication as to which 
chemical identity the petitioner seeks disclosed.
    (c) EPA shall acknowledge, by letter to the petitioner, the receipt 
of the petition.
    (d) Incomplete petitions. If the information contained in the 
petition is not sufficient to allow EPA to identify which chemical 
identity the petitioner is seeking to have released, EPA shall notify 
the petitioner that the petition cannot be further processed until 
additional information is furnished. EPA will make every reasonable 
effort to assist a petitioner in providing sufficient information for 
EPA to identify the chemical identity the petitioner is seeking to have 
released.
    (e) EPA shall make a determination on a petition requesting 
disclosure, in accordance with Sec. 350.11 and Sec. 350.17, within 
nine months of receipt of such petition.



Sec. 350.16  Address to send trade secrecy claims and petitions 
requesting disclosure.

    The address and location to send all claims of trade secrecy under 
sections 303(d)(2) and (d)(3), 311, 312, and 313 of Title III and all 
public petitions requesting disclosure of chemical identities claimed as 
trade secret are posted on the following EPA Program Web sites, http://
www.epa.gov/ceppo and http://www.epa.gov/tri. Any subsequent changes to 
the address and location will be announced in Federal Register Notices 
as these changes occur. Also, the changes will be posted on these Web 
sites. Submitters may also contact the Emergency Planning and Community 
Right-to-Know Hotline at (800) 424-9346 or (703) 412-9810, TDD (800) 
553-7672, http://www.epa.gov/epaoswer/hotline/ to obtain this 
information.

[68 FR 64724, Nov. 14, 2003]



Sec. 350.17  Appeals.

    (a) Procedure for filing appeal. A submitter may appeal an EPA 
determination under Sec. 350.11(a)(2)(i) or (b)(2)(i), by filing an 
appeal with the General Counsel. The appeal shall be addressed to: The 
Office of General Counsel, U.S. Environmental Protection Agency, 
Mailcode 2310A, 1200 Pennsylvania Avenue, NW., Washington DC 20460.

The appeal shall contain the following:
    (1) A letter requesting review of the appealed decision; and
    (2) A copy of the letter containing EPA's decision upon which appeal 
is requested.
    (b) Appeal of determination of insufficient claim.
    (1) Where a submitter appeals a determination by EPA under Sec. 
350.11(a)(2)(i) that the trade secrecy claim presents insufficient 
support for a finding of trade secrecy, the General Counsel shall make 
one of the following determinations:

[[Page 414]]

    (i) The trade secrecy claim at issue meets the standards of 
sufficiency set forth in Sec. 350.13; or
    (ii) The trade secrecy claim at issue does not meet the standards of 
sufficiency set forth in Sec. 350.13.
    (2) If the General Counsel reverses the decision made by the EPA 
office handling the claim, the claim shall be processed according to 
Sec. 350.11(a)(1). The General Counsel shall notify the submitter of 
the determination on appeal in writing, by certified mail (return 
receipt requested). The appeal determination shall include the date the 
appeal was received by the General Counsel, a statement of the decision 
appealed from, a statement of the decision on appeal and the reasons for 
such decision.
    (3) If the General Counsel upholds the determination of 
insufficiency made by the EPA office handling the claim, the submitter 
may seek review in U.S. District Court within 30 days after receipt of 
notice of the General Counsel's determination. The General Counsel shall 
notify the submitter of its determination on appeal in writing, by 
certified mail (return receipt requested). The appeal determination 
shall include the date the appeal was received by the General Counsel, a 
statement of the decision appealed from, a statement of the decision on 
appeal and the reasons for such decision, and a statement of the 
submitter's right to seek review in U.S. District Court within 30 days 
of receipt of such notice. The petitioner shall be notified by regular 
mail.
    (c) Appeal of determination of no trade secret. (1) If a submitter 
appeals from a determination by EPA under Sec. 350.11(b)(2) that the 
specific chemical identity at issue is not a trade secret, the General 
Counsel shall make one of the following determinations:
    (i) The assertions supporting the claim of trade secrecy are true 
and the chemical identity is a trade secret; or
    (ii) The assertions supporting the claim of trade secrecy are not 
true and the chemical identity is not a trade secret.
    (2) If the General Counsel reverses the decision made by the EPA 
office handling the claim, the General Counsel shall notify the 
submitter of its determination on appeal in writing, by certified mail 
(return receipt requested). The appeal determination shall include the 
date the appeal was received by the General Counsel, a statement of the 
decision appealed from, a statement of the decision on appeal and the 
reasons for such decision. The General Counsel shall send the petitioner 
the notice required in Sec. 350.11(b)(1).
    (3) If the General Counsel upholds the decision of the EPA office 
which made the trade secret determination, the submitter may seek review 
in U.S. District Court within 30 days of receipt of notice of the 
General Counsel's decision. The General Counsel shall notify the 
submitter of the determination on appeal in writing, by certified mail 
(return receipt requested). The notice shall include the date the appeal 
was received by the General Counsel, a statement of the decision 
appealed from, the basis for the appeal determination, that it 
constitutes final Agency action concerning the chemical identity trade 
secrecy claim, and that such final Agency action may be subject to 
review in U.S. District Court within 30 days of receipt of such notice. 
The General Counsel shall notify the petitioner by regular mail.

[53 FR 28801, July 29, 1988, as amended at 68 FR 64724, Nov. 14, 2003]



Sec. 350.18  Release of chemical identity determined to be non-trade 
secret; notice of intent to release chemical identity.

    (a) Where a submitter fails to seek review within U.S. District 
Court within 20 days of receiving notice of a determination of the 
General Counsel under Sec. 350.17(b)(3) of this subpart that the trade 
secrecy claim is insufficient, or under Sec. 350.17(c)(3) of this 
subpart that chemical identity claimed as trade secret is not entitled 
to trade secret protection, EPA may furnish notice of intent to disclose 
the chemical identity claimed as trade secret within 10 days by 
furnishing the submitter with the notice set forth in paragraph (d) of 
this section by certified mail (return receipt requested).
    (b) Where a submitter fails to seek review within U.S. District 
Court within 20 days of receiving notice of an EPA determination under

[[Page 415]]

Sec. 350.11(a)(2)(iv)(B), or Sec. 350.11(a)(2)(v) of this regulation, 
or fails to pursue appeal to the General Counsel within 20 days after 
being notified of its right to do so under Sec. 350.11(a)(2)(i) or 
Sec. 350.11(b)(2)(i), EPA may furnish notice of intent to disclose the 
chemical identity claimed as trade secret within 10 days by furnishing 
the submitter with the notice set forth in paragraph (d) of this section 
by certified mail (return receipt requested).
    (c) Where EPA, upon initial review under Sec. 350.9(d), determines 
that the chemical identity claimed as trade secret in a submittal 
submitted pursuant to this part is the subject of a prior final Agency 
determination concerning a claim of trade secrecy for the same chemical 
identity for the same facility, in which such claim was held invalid, 
EPA shall furnish notice of intent to disclose chemical identity within 
l0 days by furnishing the submitter with the notice set forth in 
paragraph (d) of this section by certified mail (return receipt 
requested).
    (d) EPA shall furnish notice of its intent to release chemical 
identity claimed as trade secret by sending the following notification 
to submitters, under the circumstances set forth in paragraphs (a), (b), 
and (c) of this section. The notice shall state that EPA will make the 
chemical identity available to the petitioner and the public on the 
tenth working day after the date of the submitter's receipt of written 
notice (or on such later date as the Office of General Counsel may 
establish), unless the Office of General Counsel has first been notified 
of the submitter's commencement of an action in Federal court to obtain 
judicial review of the determination at issue, and to obtain preliminary 
injunctive relief against disclosure, or, where applicable, as described 
in paragraph (b) of this section, of commencement of an appeal to the 
General Counsel. The notice shall further state that if Federal court 
action is timely commenced, EPA may nonetheless make the information 
available to the petitioner and the public (in the absence of an order 
by the court to the contrary), once the court has denied a motion for a 
preliminary injunction in the action or has otherwise upheld the EPA 
determination, or, that if Federal court action or appeal to the General 
Counsel is timely commenced, EPA may nonetheless make the information 
available to the petitioner and the public whenever it appears to the 
General Counsel, after reasonable notice to the submitter, that the 
submitter is not taking appropriate measures to obtain a speedy 
resolution of the action.



Sec. 350.19  Provision of information to States.

    (a) Any State may request access to trade secrecy claims, 
substantiations, supplemental substantiations, and additional 
information submitted to EPA. EPA shall release this information, even 
if claimed confidential, to any State requesting access if:
    (1) The request is in writing;
    (2) The request is from the Governor of the State; and
    (3) The State agrees to safeguard the information with procedures 
equivalent to those which EPA uses to safeguard the information.
    (b) The Governor of a State which receives access to trade secret 
information under this section may disclose such information only to 
State employees.



Sec. 350.21  Adverse health effects.

    The Governor or State emergency response commission shall identify 
the adverse health effects associated with each of the chemicals claimed 
as trade secret and shall make this information available to the public. 
The material safety data sheets submitted to the State emergency 
response commissions may be used for this purpose.



Sec. 350.23  Disclosure to authorized representatives.

    (a) Under section 322(f) of the Act, EPA possesses the authority to 
disclose to any authorized representative of the United States any 
information to which this section applies, notwithstanding the fact that 
the information might otherwise be entitled to trade secret or 
confidential treatment under this part. Such authority may be exercised 
only in accordance with paragraph (b) of this section.
    (b)(1) A person under contract or subcontract to EPA or a grantee 
who performs work for EPA in connection with

[[Page 416]]

Title III or regulations which implement Title III may be considered an 
authorized representative of the United States for purposes of this 
Sec. 350.23. Subject to the limitations in this Sec. 350.23(b), 
information to which this section applies may be disclosed to such a 
person if the EPA program office managing the contract, subcontract, or 
grant first determines in writing that such disclosure is necessary in 
order that the contractor, subcontractor or grantee may carry out the 
work required by the contract, subcontract or grant.
    (2) No information shall be disclosed under this Sec. 350.23(b) 
unless this contract, subcontract, or grant in question provides:
    (i) That the contractor, subcontractor or the grantee and the 
contractor's, subcontractor's, or grantee's employees shall use the 
information only for the purpose of carrying out the work required by 
the contract, subcontract, or grant, and shall refrain from disclosing 
the information to anyone other than EPA without the prior written 
approval of each affected submitter or of an EPA legal office, and shall 
return to EPA all copies of the information (and any abstracts or 
extracts therefrom) upon request by the EPA program office, whenever the 
information is no longer required by the contractor, subcontractor or 
grantee for the performance of the work required under the contract, 
subcontract or grant, or upon completion of the contract, subcontract or 
grant;
    (ii) That the contractor, subcontractor or grantee shall obtain a 
written agreement to honor such terms of the contract or subcontract 
from each of the contractor's, subcontractor's or grantee's employees 
who will have access to the information, before such employee is allowed 
such access; and
    (iii) That the contractor, subcontractor or grantee acknowledges and 
agrees that the contract, subcontract or grant provisions concerning the 
use and disclosure of confidential business information are included for 
the benefit of, and shall be enforceable by, both EPA and any covered 
facility having an interest in information concerning it supplied to the 
contractor, subcontractor or grantee by EPA under the contract or 
subcontract or grant.
    (3) No information shall be disclosed under this Sec. 350.23(b) 
until each affected submitter has been furnished notice of the 
contemplated disclosure by the EPA program office and has been afforded 
a period found reasonable by that office (not less than 5 working days) 
to submit its comments. Such notice shall include a description of the 
information to be disclosed, the identity of the contractor, 
subcontractor or grantee, the contract, subcontract or grant number, if 
any, and the purposes to be served by the disclosure. This notice may be 
published in the Federal Register or may be sent to individual 
submitters.
    (4) The EPA program office shall prepare a record of disclosures 
under this Sec. 350.23(b). The EPA program office shall maintain the 
record of disclosure and the determination of necessity prepared under 
paragraph (b)(1) of this section for a period of not less than 36 months 
after the date of the disclosure.



Sec. 350.25  Disclosure in special circumstances.

    Other disclosure of specific chemical identity may be made in 
accordance with 40 CFR 2.209.



Sec. 350.27  Substantiation form to accompany claims of trade secrecy, 
instructions to substantiation form.

    (a) The substantiation form to accompany claims of trade secrecy 
must be completed and submitted as required in Sec. 350.7(a). The form 
is posted on the Chemical Emergency Preparedness and Prevention Office 
Web site, http://www.epa.gov/ceppo and the Toxics Release Inventory 
Program Division Web site, http://www.epa.gov/tri. Submitters may also 
contact the National Service Center for Environmental Publications 
(NSCEP) at (800) 490-9198 or (513) 489-8190 to obtain the form.
    (b) Substantiation form to accompany claims of trade secrecy.

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[[Page 422]]



  Instructions for Completing the EPA Trade Secret Substantiation Form

                           General Information

    EPA requires that the information requested in a trade secret 
substantiation be completed using this substantiation form in order to 
ensure that all facility and chemical identifier information, 
substantiation questions, and certification statements are completed. 
Submitter-devised forms will not be accepted. Incomplete substantiations 
will in all likelihood be found insufficient to support the claim, and 
the claim will be denied. Moreover, the statute provides that a 
submitter who fails to provide information required will be subject to a 
$10,000 fine. For the submitter's own protection, therefore, the EPA 
form must be used and completed in its entirety.
    The statute for section 322 establishes a two-phase process in which 
the submitter must do the following:
    1. At the time a report is submitted, the submitter must present a 
complete set of assertions that (if true) would be sufficient to justify 
the claim of trade secrecy; and
    2. If the claim is reviewed by EPA, the submitter will be asked to 
provide additional factual information sufficient to establish the 
truthfulness of the assertions made at the time the claim was made.
    In making its assertions of trade secrecy, a submitter should 
provide, where applicable, descriptive factual statements. Conclusory 
statements of compliance (such as positive or negative restatements of 
the questions) may not provide EPA with enough information to make a 
determination and may be found insufficient to support a claim.

                          What May Be Withheld

    Only the specific chemical identity required to be disclosed in 
sections 303, 311, 312, and 313 submissions may be claimed trade secret 
on the Title III submittal itself. (Other trade secret or confidential 
business information included in answer to a question on the 
substantiation may be claimed trade secret or confidential, as described 
below.)
    Location information claimed as confidential under section 
312(d)(2)(F) should not be sent to EPA; this should only be sent to the 
SERC, LEPC, and the fire department, as requested.

                    Sanitized and Unsanitized Copies

    You must submit this form to EPA in sanitized and unsanitized 
versions, along with the sanitized and unsanitized copies of the 
submittal that gives rise to this trade secrecy claim (except for the 
section 303 submittal, and for MSDSs under section 311). The unsanitized 
version of this form contains specific chemical identity and CAS number 
and may contain other trade secret or confidential business information, 
which should be clearly labeled as such. Failure to claim other 
information trade secret or confidential will make that information 
publicly available. In the sanitized version of this form, the specific 
chemical identity and CAS number must be replaced with the chemical's 
generic class or category and any other trade secret or confidential 
business information should be deleted. You should also send sanitized 
copies of the submittal and this form to relevant State and local 
authorities.
    Each question on this form must be answered. Submitters are 
encouraged to answer in the space provided. If you need more space to 
answer a particular question, please use additional sheets. If you use 
additional sheets, be sure to include the number (and if applicable, the 
subpart) of the question being answered and write your facility's Dun 
and Bradstreet Number on the lower right-hand corner of each sheet.

                    When the Forms Must be Submitted

    The sanitized and unsanitized report forms and trade secret 
substantiations must be submitted to EPA by the normal reporting 
deadline for that section (e.g., section 313 submissions for any 
calendar year must be submitted on or before July 1 of the following 
year).

                  Where To Send the Trade Secrecy Claim

    The address to send all trade secrecy claims is posted on the 
following EPA Program Web sites, http://www.epa.gov/

[[Page 423]]

ceppo and http://www.epa.gov/tri. This information can also be obtained 
by contacting the Emergency Planning and Community Right-to-Know Hotline 
at (800) 424-9346 or (703) 412-9810, TDD (800) 553-7672, http://
www.epa.gov/epaoswer/hotline/.

                          Packaging of Claim(s)

    A completed section 322 claim package must include four items, 
packaged in the following order:
    1. An unsanitized trade secret substantiation form.
    2. A sanitized trade secret substantiation form.
    3. An unsanitized 312 or 313 report (it is not necessary to create 
an unsanitized section 303 submittal or MSDS for submission under 
section 311).
    4. A sanitized (public) section 303, 311, 312, or 313 or report.
    It is important to securely fasten together (binder clip or rubber 
band) each of the reporting forms and substantiations for the particular 
chemical being claimed trade secret. This process will make it clear 
that a claim is physically complete when submitted. When submitters 
submit claims for more than one chemical, EPA requests that the four 
parts associated with each chemical be assembled as a set and each set 
for different chemicals be kept separate within the package sent to EPA. 
Following these guidelines permits the Agency to make the appropriate 
determinations of trade secrecy, and to make public only those portions 
of each submittal required to be disclosed.

                How to Obtain Forms and Other Information

    Additional copies of the Trade Secret Substantiation Form may be 
obtained by writing to: Emergency Planning and Community Right-to-Know 
Program, U.S. Environmental Protection Agency, WH-562A, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

        Instructions for Completing Specific Sections of the Form

                     Part 1. Substantiation Category

    1.1 Title III Reporting Section. Check the box corresponding to the 
section for which this particular claim of trade secrecy is being made. 
Checking off more than one box for a claim is not permitted.
    1.2 Reporting Year. Enter the year to which the reported information 
applies, not the year in which you are submitting the report.
    1.3a Sanitized. If this copy of the submission is the ``public'' or 
sanitized version, check this box and complete 1.3.1a. which asks for 
generic class or category. Do not complete the information required in 
the unsanitized box (1.3b.).
    1.3.1a Generic Class or Category. You must complete this if you are 
claiming the specific chemical identity as a trade secret and have 
marked the box in 1.3a. The generic chemical name must be structurally 
descriptive of the chemical.
    1.3b Unsanitized. Check the box if this version of the form contains 
the specific chemical identity or any other trade secret or confidential 
business information.
    1.3.1b CAS Number. You must enter the Chemical Abstract Service 
(CAS) registry number that appears in the appropriate section of the 
rule for the chemical being reported. Use leading place holding zeros. 
If you are reporting a chemical category (e.g., copper compounds), enter 
N/A in the CAS number space.
    1.3.2b Specific Chemical Identity. Enter the name of the chemical or 
chemical category as it is listed in the appropriate section of the 
reporting rule.

               Part 2. Facility Identification Information

    2.1-2.3 Facility Name and Location. You must enter the name of your 
facility (plant site name or appropriate facility designation), street 
address, city, State and ZIP Code in the space provided. You may not use 
a post office box number for this location.
    2.4 Dun and Bradstreet Number. You must enter the number assigned by 
Dun and Bradstreet for your facility or

[[Page 424]]

each establishment within your facility. If the establishment does not 
have a D & B number, enter N/A in the boxes reserved for those numbers. 
Use leading place holding zeros.

              Part 3. Responses to Substantiation Questions

    The six questions posed in this form are based on the four statutory 
criteria found in section 322(b) of Title III. The information you 
submit in response to these questions is the basis for EPA's initial 
determination as to whether the substantiation is sufficient to support 
a claim of trade secrecy. EPA has indicated in Sec. 350.13 of the final 
rule the specific criteria that it regards as the legal basis for 
evaluating whether the answers you have provided are sufficient to 
warrant protection of the chemical identity. You are urged to review 
those criteria before preparing answers to the questions on the form.

                          Part 4. Certification

    An original signature is required for each trade secret 
substantiation submitted to EPA, both sanitized and unsanitized. It 
indicates the submitter is certifying that the particular substantiation 
provided to EPA is complete, true, and accurate, and that it is intended 
to support the specific trade secret claim being made. Noncompliance 
with this certification requirement may jeopardize the trade secret 
claim.
    4.1 Name and Official Title. Print or type the name and title of the 
person who signs the statement at 4.2.
    4.2 Signature. This certification must be signed by the owner or 
operator, or a senior official with management responsibility for the 
person (or persons) completing the form. An original signature is 
required for each trade secret substantiation submitted to EPA, both 
sanitized and unsanitized. Since the certification applies to all 
information supplied on the forms, it should be signed only after the 
substantiation has been completed.
    4.3 Date. Enter the date when the certification was signed.

[53 FR 28801, July 29, 1988, as amended at 68 FR 64724, Nov. 14, 2003]

 Appendix A to Subpart A of Part 350--Restatement of Torts Section 757, 
                                Comment b

    b. Definition of trade secret. A trade secret may consist of any 
formula, pattern, device or compilation of information which is used in 
one's business, and which gives him an opportunity to obtain an 
advantage over competitors who do not know or use it. It may be a 
formula for a chemical compound, a process of manufacturing, treating or 
preserving materials, a pattern for a machine or other device, or a list 
of customers. It differs from other secret information in a business 
(see section 759) in that it is not simply information as to single or 
ephemeral events in the conduct of the business, as, for example, the 
amount or other terms of a secret bid for a contract or the salary of 
certain employees, or the security investments made or contemplated, or 
the date fixed for the announcement of a new policy or for bringing out 
a new model or the like. A trade secret is a process or device for 
continuous use in the operation of the business. Generally it relates to 
the production of goods, as, for example, a machine or formula for the 
production of an article. It may, however, relate to the sale of goods 
or to other operations in the business, such as a code for determining 
discounts, rebates or other concessions in a price list or catalogue, or 
a list of specialized customers, or a method of bookkeeping or other 
office management.
    Secrecy. The subject matter of a trade secret must be secret. 
Matters of public knowledge or of general knowledge in an industry 
cannot be appropriated by one as his secret. Matters which are 
completely disclosed by the goods which one markets cannot be his 
secret. Substantially, a trade secret is known only in the particular 
business in which it is used. It is not requisite that only the 
proprietor of the business know it. He may, without losing his 
protection, communicate it to employees involved in its use. He may 
likewise communicate it to others pledged to secrecy. Others may also 
know of it independently, as, for example, when they have discovered the 
process or formula by independent invention and are keeping it secret. 
Nevertheless, a substantial element of secrecy must exist, so that, 
except by the use of improper means, there would be difficulty in 
acquiring the information. An exact definition of a trade secret is not 
possible. Some factors to be considered in determining whether given 
information is one's trade secret are: (1) The extent to which the 
information is known outside of his business; (2) the extent to which it 
is known by employees and others involved in his business; (3) the 
extent of measures taken by him to guard the secrecy of the information; 
(4) the value of the information to him and to his competitors; (5) the 
amount of effort or

[[Page 425]]

money expended by him in developing the information; (6) the ease or 
difficulty with which the information could be properly acquired or 
duplicated by others.
    Novelty and prior art. A trade secret may be a device or process 
which is patentable; but it need not be that. It may be a device or 
process which is clearly anticipated in the prior art or one which is 
merely a mechanical improvement that a good mechanic can make. Novelty 
and invention are not requisite for a trade secret as they are for 
patentability. These requirements are essential to patentability because 
a patent protects against unlicensed use of the patented device or 
process even by one who discovers it properly through independent 
research. The patent monopoly is a reward to the inventor. But such is 
not the case with a trade secret. Its protection is not based on a 
policy of rewarding or otherwise encouraging the development of secret 
processes or devices. The protection is merely against breach of faith 
and reprehensible means of learning another's secret. For this limited 
protection it is not appropriate to require also the kind of novelty and 
invention which is a requisite of patentability. The nature of the 
secret is, however, an important factor in determining the kind of 
relief that is appropriate against one who is subject to liability under 
the rule stated in this section. Thus, if the secret consists of a 
device or process which is a novel invention, one who acquires the 
secret wrongfully is ordinarily enjoined from further use of it and is 
required to account for the profits derived from his past use. If, on 
the other hand, the secret consists of mechanical improvements that a 
good mechanic can make without resort to the secret, the wrongdoer's 
liability may be limited to damages, and an injunction against future 
use of the improvements made with the aid of the secret may be 
inappropriate.



Subpart B_Disclosure of Trade Secret Information to Health Professionals



Sec. 350.40  Disclosure to health professionals.

    (a) Definitions. Medical emergency means any unforeseen condition 
which a health professional would judge to require urgent and 
unscheduled medical attention. Such a condition is one which results in 
sudden and/or serious symptom(s) constituting a threat to a person's 
physical or psychological well-being and which requires immediate 
medical attention to prevent possible deterioration, disability, or 
death.
    (b) The specific chemical identity, including the chemical name of a 
hazardous chemical, extremely hazardous substance, or a toxic chemical, 
is made available to health professionals, in accordance with the 
applicable provisions of this section.
    (c) Diagnosis or Treatment by Health Professionals in Non-Emergency 
Situations. (1) An owner or operator of a facility which is subject to 
the requirements of sections 311, 312, and 313, shall, upon request, 
provide the specific chemical identity, if known, of a hazardous 
chemical, extremely hazardous substance, or a toxic chemical to a health 
professional if:
    (i) The request is in writing;
    (ii) The request describes why the health professional has a 
reasonable basis to suspect that:
    (A) The specific chemical identity is needed for purposes of 
diagnosis or treatment of an individual,
    (B) The individual or individuals being diagnosed or treated have 
been exposed to the chemical concerned, and
    (C) Knowledge of the specific chemical identity of such chemical 
will assist in diagnosis or treatment.
    (iii) The request contains a confidentiality agreement which 
includes:
    (A) A description of the procedures to be used to maintain the 
confidentiality of the disclosed information; and
    (B) A statement by the health professional that he will not use the 
information for any purpose other than the health needs asserted in the 
statement of need authorized in paragraph (c)(1)(ii) of this section and 
will not release the information under any circumstances, except as 
authorized by the terms of the confidentiality agreement or by the owner 
or operator of the facility providing such information.
    (iv) The request includes a certification signed by the health 
professional stating that the information contained in the statement of 
need is true.
    (2) Following receipt of a written request, the facility owner or 
operator to whom such request is made shall provide the requested 
information to the health professional promptly.
    (d) Preventive Measures and Treatment by Local Health Professionals. 
(1) An owner or operator of a facility subject to the requirements of 
sections 311, 312,

[[Page 426]]

or 313 shall provide the specific chemical identity, if known, of a 
hazardous chemical, an extremely hazardous substance, or a toxic 
chemical to any health professional (such as a physician, toxicologist, 
epidemiologist, or nurse) if:
    (i) The requester is a local government employee or a person under 
contract with the local government;
    (ii) The request is in writing;
    (iii) The request describes with reasonable detail one or more of 
the following health needs for the information:
    (A) To assess exposure of persons living in a local community to the 
hazards of the chemical concerned.
    (B) To conduct or assess sampling to determine exposure levels of 
various population groups.
    (C) To conduct periodic medical surveillance of exposed population 
groups.
    (D) To provide medical treatment to exposed individuals or 
population groups.
    (E) To conduct studies to determine the health effects of exposure.
    (F) To conduct studies to aid in the identification of chemicals 
that may reasonably be anticipated to cause an observed health effect.
    (iv) The request contains a confidentiality agreement which 
includes:
    (A) A description of the procedures to be used to maintain the 
confidentiality of the disclosed information; and
    (B) A statement by the health professional that he will not use the 
information for any purpose other than the health needs asserted in the 
statement of need authorized in paragraph (d)(1)(iii) of this section 
and will not release the information under any circumstances except as 
may otherwise be authorized by the terms of such agreement or by the 
owner or operator of the facility person providing such information.
    (v) The request includes a certification signed by the health 
professional stating that the information contained in the statement of 
need is true.
    (2) Following receipt of a written request, the facility owner or 
operator to whom such request is made shall promptly provide the 
requested information to the local health professional.
    (e) Medical Emergency. (1) An owner or operator of a facility which 
is subject to the requirements of sections 311, 312, or 313 must provide 
a copy of a material safety data sheet, an inventory form, or a toxic 
chemical release form, including the specific chemical identity, if 
known, of a hazardous chemical, extremely hazardous substance, or a 
toxic chemical, to any treating physician or nurse who requests such 
information if the treating physician or nurse determines that:
    (i) A medical emergency exists as to the individual or individuals 
being diagnosed or treated;
    (ii) The specific chemical identity of the chemical concerned is 
necessary for or will assist in emergency or first-aid diagnosis or 
treatment; and,
    (iii) The individual or individuals being diagnosed or treated have 
been exposed to the chemical concerned.
    (2) Owners or operators of facilities must provide the specific 
chemical identity to the requesting treating physician or nurse 
immediately following the request, without requiring a written statement 
of need or a confidentiality agreement in advance.
    (3) The owner or operator may require a written statement of need 
and a written confidentiality agreement as soon as circumstances permit. 
The written statement of need shall describe in reasonable detail the 
factors set forth in paragraph (e)(1) of this section. The written 
confidentiality agreement shall be in accordance with paragraphs 
(c)(1)(iii) and (f) of this section.
    (f) Confidentiality Agreement. (1) The confidentiality agreement 
authorized in paragraphs (c)(1)(iii), (d)(1)(iv) and (e)(3) of this 
section:
    (i) May restrict the use of the information to the health purposes 
indicated in the written statement of need;
    (ii) May provide for appropriate legal remedies in the event of a 
breach of the agreement; and
    (iii) May not include requirements for the posting of a penalty 
bond.
    (g) Nothing in this regulation is meant to preclude the parties from 
pursuing any non-contractual remedies to the extent permitted by law, or 
from pursuing the enforcement remedy provided in section 325(e) of Title 
III.

[[Page 427]]

    (h) The health professional receiving the trade secret information 
may disclose it to EPA only under the following circumstances: The 
health professional must believe that such disclosure is necessary in 
order to learn from the Agency additional information about the chemical 
necessary to assist him in carrying out the responsibilities set forth 
in paragraphs (c), (d), and (e) of this section. Such information 
comprises facts regarding adverse health and environmental effects.



PART 355_EMERGENCY PLANNING AND NOTIFICATION--Table of Contents




Sec.
355.10 Purpose.
355.20 Definitions.
355.30 Emergency planning.
355.40 Emergency release notification.
355.50 Penalties.

Appendix A to Part 355--The List of Extremely Hazardous Substances and 
          Their Threshold Planning Quantities (Alphabetical Order)
Appendix B to Part 355--The List of Extremely Hazardous Substances and 
          Their Threshold Planning Quantities (CAS Number Order)

    Authority: 42 U.S.C. 11002, 11004, and 11048.

    Source: 52 FR 13395, Apr. 22, 1987, unless otherwise noted.



Sec. 355.10  Purpose.

    This regulation establishes the list of extremely hazardous 
substances, threshold planning quantities, and facility notification 
responsibilities necessary for the development and implementation of 
State and local emergency response plans.



Sec. 355.20  Definitions.

    Act means the Superfund Amendments and Reauthorization Act of 1986.
    CERCLA means the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended.
    CERCLA Hazardous Substance means a substance on the list defined in 
section 101(14) of CERCLA.
    Note: Listed CERCLA hazardous substances appear in table 302.4 of 40 
CFR part 302.
    Chief Executive Officer of the tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the tribe.
    Commission means the emergency response commission for the State in 
which the facility is located except where the facility is located in 
Indian Country, in which case, commission means the emergency response 
commission for the tribe under whose jurisdiction the facility is 
located. In absence of an emergency response commission, the Governor 
and the chief executive officer, respectively, shall be the commission. 
Where there is a cooperative agreement between a State and a Tribe, the 
commission shall be the entity identified in the agreement.
    Committee or Local emergency planning committee means the local 
emergency planning committee appointed by the emergency response 
commission.
    Environment includes water, air, and land and the interrelationship 
which exists among and between water, air, and land and all living 
things.
    Extremely hazardous substance means a substance listed in appendices 
A and B of this part.
    Facility means all buildings, equipment, structure, and other 
stationary items that are located on a single site or on contiguous or 
adjacent sites and which are owned or operated by the same person (or by 
any person which controls, is controlled by, or under common control 
with, such person). Facility shall include manmade structures in which 
chemicals are purposefully placed or removed through human means such 
that it functions as a containment structure for human use. For purposes 
of emergency release notification, the term includes motor vehicles, 
rolling stock, and aircraft.
    Hazardous chemical means any hazardous chemical as defined under 
Sec. 1910.1200(c) of Title 29 of the Code of Federal Regulations, 
except that such term does not include the following substances:
    (1) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (2) Any substance present as a solid in any manufactured item to the 
extent exposure to the substance does not occur under normal conditions 
of use.
    (3) Any substance to the extent it is used for personal, family, or 
household

[[Page 428]]

purposes, or is present in the same form and concentration as a product 
packaged for distribution and use by the general public.
    (4) Any substance to the extent it is used in a research laboratory 
or a hospital or other medical facility under the direct supervision of 
a technically qualified individual.
    (5) Any substance to the extent it is used in routine agricultural 
operations or is a fertilizer held for sale by a retailer to the 
ultimate customer.
    Indian Country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as:
    (a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (b) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (c) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian tribe means those tribes federally recognized by the 
Secretary of the Interior.
    Mixture means a heterogenous association of substances where the 
various individual substances retain their identities and can usually be 
separated by mechanical means. Includes solutions or compounds but does 
not include alloys or amalgams.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, State, municipality, commission, political subdivision of a 
State, or interstate body.
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the abandonment or discarding 
of barrels, containers, and other closed receptacles) of any hazardous 
chemical, extremely hazardous substance, or CERCLA hazardous substance.
    Reportable quantity means, for any CERCLA hazardous substance, the 
reportable quantity established in table 302.4 of 40 CFR part 302, for 
such substance, for any other substance, the reportable quantity is one 
pound.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, the Northern Mariana Islands, any other 
territory or possession over which the United States has jurisdictions 
and Indian Country.
    Threshold planning quantity means, for a substance listed in 
appendices A and B, the quantity listed in the column ``threshold 
planning quantity'' for that substance.

[52 FR 13395, Apr. 22, 1987; 54 FR 38853, Sept. 21, 1989, as amended at 
55 FR 30645, July 26, 1990]



Sec. 355.30  Emergency planning.

    (a) Applicability. The requirements of this section apply to any 
facility at which there is present an amount of any extremely hazardous 
substance equal to or in excess of its threshold planning quantity, or 
designated, after public notice and opportunity for comment, by the 
Commission or the Governor for the State in which the facility is 
located. For purposes of this section, an amount of any extremely 
hazardous substance means the total amount of an extremely hazardous 
substance present at any one time at a facility at concentrations 
greater than one percent by weight, regardless of location, number of 
containers, or method of storage.
    (b) Emergency planning notification. The owner or operator of a 
facility subject to this section shall provide notification to the 
Commission that it is a facility subject to the emergency planning 
requirements of this part. Such notification shall be provided: on or 
before May 17, 1987 or within sixty days after a facility first becomes 
subject to the requirements of this section, whichever is later.
    (c) Facility emergency coordinator. The owner or operator of a 
facility subject to this section shall designate a facility 
representative who will participate in the local emergency planning 
process as a facility emergency response

[[Page 429]]

coordinator. The owner or operator shall notify the local emergency 
planning committee (or the Governor if there is no committee) of the 
facility representative on or before September 17, 1987 or 30 days after 
establishment of a local emergency planning committee, whichever is 
earlier.
    (d) Provision of information. (1) The owner or operator of a 
facility subject to this section shall inform the local emergency 
planning committee of any changes occurring at the facility which may be 
relevant to emergency planning.
    (2) Upon request of the local emergency planning committee, the 
owner or operator of a facility subject to this section shall promptly 
provide to the committee any information necessary for development or 
implementation of the local emergency plan.
    (e) Calculation of TPQs for solids and mixtures. (1) If a container 
or storage vessel holds a mixture or solution of an extremely hazardous 
substance, then the concentration of extremely hazardous substance, in 
weight percent (greater than 1 percent sign), shall be multiplied by the 
mass (in pounds) in the vessel to determine the actual quantity of 
extremely hazardous substance therein.
    (2)(i) Extremely hazardous substances that are solids are subject to 
either of two threshold planning quantities as shown on appendices A and 
B (i.e., 500/10,000 pounds). The lower quantity applies only if the 
solid exists in powdered form and has a particle size less than 100 
microns; or is handled in solution or in molten form; or meets the 
criteria for a National Fire Protection Association (NFPA) rating of 2, 
3 or 4 for reactivity. If the solid does not meet any of these criteria, 
it is subject to the upper (10,000 pound) threshold planning quantity as 
shown in appendices A and B.
    (ii) The 100 micron level may be determined by multiplying the 
weight percent of solid with a particle size less than 100 microns in a 
particular container by the quantity of solid in the container.
    (iii) The amount of solid in solution may be determined by 
multiplying the weight percent of solid in the solution in a particular 
container by the quantity of solution in the container.
    (iv) The amount of solid in molten form must be multipled by 0.3 to 
determine whether the lower threshold planning quantity is met.



Sec. 355.40  Emergency release notification.

    (a) Applicability. (1) The requirements of this section apply to any 
facility: (i) at which a hazardous chemical is produced, used or stored 
and (ii) at which there is release of a reportable quantity of any 
extremely hazardous substance or CERCLA hazardous substance.
    (2) This section does not apply to:
    (i) Any release which results in exposure to persons solely within 
the boundaries of the facility;
    (ii) Any release which is a federally permitted release as defined 
in section 101 (10) of CERCLA;
    (iii) Any release that is continuous and stable in quantity and rate 
under the definitions in 40 CFR 302.8(b). Exemption from notification 
under this subsection does not include exemption from:
    (A) Initial notifications as defined in 40 CFR 302.8 (d) and (e);
    (B) Notification of a ``statistically significant increase,'' 
defined in 40 CFR 302.8(b) as any increase above the upper bound of the 
reported normal range, which is to be submitted to the community 
emergency coordinator for the local emergency planning committee for any 
area likely to be affected by the release and to the State emergency 
response commission of any State likely to be affected by the release;
    (C) Notification of a ``new release'' as defined in 40 CFR 
302.8(g)(1); or
    (D) Notification of a change in the normal range of the release as 
required under 40 CFR 302.8(g)(2).
    (iv) Any release of a pesticide product exempt from CERCLA section 
103(a) reporting under section 103(e) of CERCLA;
    (v) Any release not meeting the definition of release under Section 
101(22) of CERCLA, and therefore exempt from Section 103(a) reporting; 
and
    (vi) Any radionuclide release which occurs:

[[Page 430]]

    (A) Naturally in soil from land holdings such as parks, golf 
courses, or other large tracts of land.
    (B) Naturally from land disturbance activities, including farming, 
construction, and land disturbance incidental to extraction during 
mining activities, except that which occurs at uranium, phosphate, tin, 
zircon, hafnium, vanadium, monazite, and rare earth mines. Land 
disturbance incidental to extraction includes: land clearing; overburden 
removal and stockpiling; excavating, handling, transporting, and storing 
ores and other raw (not beneficiated or processed) materials; and 
replacing in mined-out areas coal ash, earthen materials from farming or 
construction, or overburden or other raw materials generated from the 
exempted mining activities.
    (C) From the dumping and transportation of coal and coal ash 
(including fly ash, bottom ash, and boiler slags), including the dumping 
and land spreading operations that occur during coal ash uses.
    (D) From piles of coal and coal ash, including fly ash, bottom ash, 
and boiler slags.

    Note to paragraph (a): Releases of CERCLA hazardous substances are 
subject to the release reporting requirements of CERCLA section 103, 
codified at 40 CFR part 302, in addition to the requirements of this 
part.

    (b) Notice requirements. (1) The owner or operator of a facility 
subject to this section shall immediately notify the community emergency 
coordinator for the local emergency planning committee of any area 
likely to be affected by the release and the State emergency response 
commission of any State likely to be affected by the release. If there 
is no local emergency planning committee, notification shall be provided 
under this section to relevant local emergency response personnel.
    (2) The notice required under this section shall include the 
following to the extent known at the time of notice and so long as no 
delay in notice or emergency response results:
    (i) The chemical name or identity of any substance involved in the 
release.
    (ii) An indication of whether the substance is an extremely 
hazardous substance.
    (iii) An estimate of the quantity of any such substance that was 
released into the environment.
    (iv) The time and duration of the release.
    (v) The medium or media into which the release occurred.
    (vi) Any known or anticipated acute or chronic health risks 
associated with the emergency and, where appropriate, advice regarding 
medical attention necessary for exposed individuals.
    (vii) Proper precautions to take as a result of the release, 
including evacuation (unless such information is readily available to 
the community emergency coordination pursuant to the emergency plan).
    (viii) The names and telephone number of the person or persons to be 
contacted for further information.
    (3) As soon as practicable after a release which requires notice 
under (b)(1) of this section, such owner or operator shall provide a 
written follow-up emergency notice (or notices, as more information 
becomes available) setting forth and updating the information required 
under paragraph (b)(2) of this section, and including additional 
information with respect to:
    (i) Actions taken to respond to and contain the release,
    (ii) Any known or anticipated acute or chronic health risks 
associated with the release, and,
    (iii) Where appropriate, advice regarding medical attention 
necessary for exposed individuals.
    (4) Exceptions. (i) Until April 30, 1988, in lieu of the notice 
specified in paragraph (b)(2) of this section, any owner or operator of 
a facility subject to this section from which there is a release of a 
CERCLA hazardous substance which is not an extremely hazardous substance 
and has a statutory reportable quantity may provide the same notice 
required under CERCLA section 103(a) to the local emergency planning 
committee.
    (ii) An owner or operator of a facility from which there is a 
transportation-related release may meet the requirements of this section 
by providing the information indicated in paragraph (b)(2) to the 911 
operator, or in the absence of a 911 emergency telephone number, to the 
operator. For purposes

[[Page 431]]

of this paragraph, a transportation-related release means a release 
during transportation, or storage incident to transportation if the 
stored substance is moving under active shipping papers and has not 
reached the ultimate consignee.

[52 FR 13395, Apr. 22, 1987, as amended at 54 FR 22543, May 24, 1989; 55 
FR 30188, July 24, 1990; 63 FR 13475, Mar. 19, 1998; 64 FR 13115, Mar. 
17, 1999]



Sec. 355.50  Penalties.

    (a) Civil penalties. Any person who fails to comply with the 
requirements of Sec. 355.40 shall be subject to civil penalties of up 
to $25,000 for each violation in accordance with section 325(b)(1) of 
the Act.
    (b) Civil penalties for continuing violations. Any person who fails 
to comply with the requirements of Sec. 355.40 shall be subject to 
civil penalties of up to $25,000 for each day during which the violation 
continues, in accordance with section 325(b)(2) of the Act. In the case 
of a second or subsequent violation, any such person may be subject to 
civil penalties of up to $75,000 for each day the violation continues, 
in accordance with section 325(b)(2) of the Act.
    (c) Criminal penalties. Any person who knowingly and willfully fails 
to provide notice in accordance with Sec. 355.40 shall, upon 
conviction, be fined not more than $25,000 or imprisoned for not more 
than two (2) years, or both (or, in the case of a second or subsequent 
conviction, shall be fined not more than $50,000 or imprisoned for not 
more than five (5) years, or both) in accordance with section 325(b)(4) 
of the Act.

 Appendix A to Part 355--The List of Extremely Hazardous Substances and 
                   Their Threshold Planning Quantities

                          [Alphabetical Order]
------------------------------------------------------------------------
                                                            Threshold
                                             Reportable      planning
   CAS No.       Chemical name      Notes    quantity *      quantity
                                              (pounds)       (pounds)
------------------------------------------------------------------------
     75-86-5  Acetone             .........          10     1,000
               Cyanohydrin.
   1752-30-3  Acetone             .........       1,000     1,000/10,000
               Thiosemicarbazide.
    107-02-8  Acrolein..........  .........           1       500
     79-06-1  Acrylamide........  l               5,000     1,000/10,000
    107-13-1  Acrylonitrile.....  l                 100    10,000
    814-68-6  Acrylyl Chloride..  h                 100       100
    111-69-3  Adiponitrile......  l               1,000     1,000
    116-06-3  Aldicarb..........  c                   1       100/10,000
    309-00-2  Aldrin............  .........           1       500/10,000
    107-18-6  Allyl Alcohol.....  .........         100     1,000
    107-11-9  Allylamine........  .........         500       500
  20859-73-8  Aluminum Phosphide  b                 100       500
     54-62-6  Aminopterin.......  .........         500       500/10,000
     78-53-5  Amiton............  .........         500       500
   3734-97-2  Amiton Oxalate....  .........         100       100/10,000
   7664-41-7  Ammonia...........  l                 100       500
    300-62-9  Amphetamine.......  .........       1,000     1,000
     62-53-3  Aniline...........  l               5,000     1,000
     88-05-1  Aniline, 2,4,6-     .........         500       500
               Trimethyl-.
   7783-70-2  Antimony            .........         500       500
               Pentafluoride.
   1397-94-0  Antimycin A.......  c               1,000     1,000/10,000
     86-88-4  ANTU..............  .........         100       500/10,000
   1303-28-2  Arsenic Pentoxide.  .........           1       100/10,000
   1327-53-3  Arsenous Oxide....  h                   1       100/10,000
   7784-34-1  Arsenous            .........           1       500
               Trichloride.
   7784-42-1  Arsine............  .........         100       100
   2642-71-9  Azinphos-Ethyl....  .........         100       100/10,000
     86-50-0  Azinphos-Methyl...  .........           1        10/10,000
     98-87-3  Benzal Chloride...  .........       5,000       500
     98-16-8  Benzenamine, 3-     .........         500       500
               (Trifluoromethyl)-
               .
    100-14-1  Benzene, 1-         .........         500       500/10,000
               (Chloromethyl)-4-
               Nitro-.
     98-05-5  Benzenearsonic      .........          10        10/10,000
               Acid.
   3615-21-2  Benzimidazole, 4,5- g                 500       500/10,000
               Dichloro-2-
               (Trifluoromethyl)-
               .
     98-07-7  Benzotrichloride..  .........          10       100
    100-44-7  Benzyl Chloride...  .........         100       500
    140-29-4  Benzyl Cyanide....  h                 500       500

[[Page 432]]

 
  15271-41-7  Bicyclo[2.2.1]Hept  .........         500       500/10,000
               ane-2-
               Carbonitrile, 5-
               Chloro-6-
               ((((Methylamino)C
               arbonyl)Oxy)Imino
               )-, (1s-(1-
               alpha,2-beta,4-
               alpha,5-
               alpha,6E))-.
    534-07-6  Bis(Chloromethyl)   .........          10        10/10,000
               Ketone.
   4044-65-9  Bitoscanate.......  .........         500       500/10,000
  10294-34-5  Boron Trichloride.  .........         500       500
   7637-07-2  Boron Trifluoride.  .........         500       500
    353-42-4  Boron Trifluoride   .........       1,000     1,000
               Compound With
               Methyl Ether
               (1:1).
  28772-56-7  Bromadiolone......  .........         100       100/10,000
   7726-95-6  Bromine...........  l                 500       500
   1306-19-0  Cadmium Oxide.....  .........         100       100/10,000
   2223-93-0  Cadmium Stearate..  c               1,000     1,000/10,000
   7778-44-1  Calcium Arsenate..  .........           1       500/10,000
   8001-35-2  Camphechlor.......  .........           1       500/10,000
     56-25-7  Cantharidin.......  .........         100       100/10,000
     51-83-2  Carbachol Chloride  .........         500       500/10,000
  26419-73-8  Carbamic Acid,      d                   1       100/10,000
               Methyl-, O-(((2,4-
               Dimethyl-1, 3-
               Dithiolan-2-
               yl)Methylene)Amin
               o)-.
   1563-66-2  Carbofuran........  .........          10        10/10,000
     75-15-0  Carbon Disulfide..  l                 100    10,000
    786-19-6  Carbophenothion...  .........         500       500
     57-74-9  Chlordane.........  .........           1     1,000
    470-90-6  Chlorfenvinfos....  .........         500       500
   7782-50-5  Chlorine..........  .........          10       100
  24934-91-6  Chlormephos.......  .........         500       500
    999-81-5  Chlormequat         h                 100       100/10,000
               Chloride.
     79-11-8  Chloroacetic Acid.  .........         100       100/10,000
    107-07-3  Chloroethanol.....  .........         500       500
    627-11-2  Chloroethyl         .........       1,000     1,000
               Chloroformate.
     67-66-3  Chloroform........  l                  10    10,000
    542-88-1  Chloromethyl Ether  h                  10       100
    107-30-2  Chloromethyl        c                  10       100
               Methyl Ether.
   3691-35-8  Chlorophacinone...  .........         100       100/10,000
   1982-47-4  Chloroxuron.......  .........         500       500/10,000
  21923-23-9  Chlorthiophos.....  h                 500       500
  10025-73-7  Chromic Chloride..  .........           1         1/10,000
  62207-76-5  Cobalt, ((2,2'-     .........         100       100/10,000
               (1,2-
               Ethanediylbis
               (Nitrilomethylidy
               ne)) Bis(6-
               Fluorophenolato))
               (2-)-N,N',O,O')-.
  10210-68-1  Cobalt Carbonyl...  h                  10        10/10,000
     64-86-8  Colchicine........  h                  10        10/10,000
     56-72-4  Coumaphos.........  .........          10       100/10,000
   5836-29-3  Coumatetralyl.....  .........         500       500/10,000
     95-48-7  Cresol, o-........  .........         100     1,000/10,000
    535-89-7  Crimidine.........  .........         100       100/10,000
   4170-30-3  Crotonaldehyde....  .........         100     1,000
    123-73-9  Crotonaldehyde,     .........         100     1,000
               (E)-.
    506-68-3  Cyanogen Bromide..  .........       1,000       500/10,000
    506-78-5  Cyanogen Iodide...  .........       1,000     1,000/10,000
   2636-26-2  Cyanophos.........  .........       1,000     1,000
    675-14-9  Cyanuric Fluoride.  .........         100       100
     66-81-9  Cycloheximide.....  .........         100       100/10,000
    108-91-8  Cyclohexylamine...  l              10,000    10,000
  17702-41-9  Decaborane(14)....  .........         500       500/10,000
   8065-48-3  Demeton...........  .........         500       500
    919-86-8  Demeton-S-Methyl..  .........         500       500
  10311-84-9  Dialifor..........  .........         100       100/10,000
  19287-45-7  Diborane..........  .........         100       100
    111-44-4  Dichloroethyl       .........          10    10,000
               ether.
    149-74-6  Dichloromethylphen  .........       1,000     1,000
               ylsilane.
     62-73-7  Dichlorvos........  .........          10     1,000
    141-66-2  Dicrotophos.......  .........         100       100
   1464-53-5  Diepoxybutane.....  .........          10       500
    814-49-3  Diethyl             h                 500       500
               Chlorophosphate.
     71-63-6  Digitoxin.........  c                 100       100/10,000
   2238-07-5  Diglycidyl Ether..  .........       1,000     1,000
  20830-75-5  Digoxin...........  h                  10        10/10,000
    115-26-4  Dimefox...........  .........         500       500
     60-51-5  Dimethoate........  .........          10       500/10,000
   2524-03-0  Dimethyl            .........         500       500
               Phosphorochlorido
               thioate.
     77-78-1  Dimethyl sulfate..  .........         100       500
     75-78-5  Dimethyldichlorosi  h                 500       500
               lane.

[[Page 433]]

 
     57-14-7  Dimethylhydrazine.  .........          10     1,000
     99-98-9  Dimethyl-p-         .........          10        10/10,000
               Phenylenediamine.
    644-64-4  Dimetilan.........  d                   1       500/10,000
    534-52-1  Dinitrocresol.....  .........          10        10/10,000
     88-85-7  Dinoseb...........  .........       1,000       100/10,000
   1420-07-1  Dinoterb..........  .........         500       500/10,000
     78-34-2  Dioxathion........  .........         500       500
     82-66-6  Diphacinone.......  .........          10        10/10,000
    152-16-9  Diphosphoramide,    .........         100       100
               Octamethyl-.
    298-04-4  Disulfoton........  .........           1       500
    514-73-8  Dithiazanine        .........         500       500/10,000
               Iodide.
    541-53-7  Dithiobiuret......  .........         100       100/10,000
    316-42-7  Emetine,            h                   1         1/10,000
               Dihydrochloride.
    115-29-7  Endosulfan........  .........           1        10/10,000
   2778-04-3  Endothion.........  .........         500       500/10,000
     72-20-8  Endrin............  .........           1       500/10,000
    106-89-8  Epichlorohydrin...  l                 100     1,000
   2104-64-5  EPN...............  .........         100       100/10,000
     50-14-6  Ergocalciferol....  c               1,000     1,000/10,000
    379-79-3  Ergotamine          .........         500       500/10,000
               Tartrate.
   1622-32-8  Ethanesulfonyl      .........         500       500
               Chloride, 2-
               Chloro-.
  10140-87-1  Ethanol, 1,2-       .........       1,000     1,000
               Dichloro-,
               Acetate.
    563-12-2  Ethion............  .........          10     1,000
  13194-48-4  Ethoprophos.......  .........       1,000     1,000
    538-07-8  Ethylbis(2-         h                 500       500
               Chloroethyl)Amine.
    371-62-0  Ethylene            c, h               10        10
               Fluorohydrin.
     75-21-8  Ethylene Oxide....  l                  10     1,000
    107-15-3  Ethylenediamine...  .........       5,000    10,000
    151-56-4  Ethyleneimine.....  .........           1       500
    542-90-5  Ethylthiocyanate..  .........      10,000    10,000
  22224-92-6  Fenamiphos........  .........          10        10/10,000
    115-90-2  Fensulfothion.....  h                 500       500
   4301-50-2  Fluenetil.........  .........         100       100/10,000
   7782-41-4  Fluorine..........  k                  10       500
    640-19-7  Fluoroacetamide...  j                 100       100/10,000
    144-49-0  Fluoroacetic Acid.  .........          10        10/10,000
    359-06-8  Fluoroacetyl        c                  10        10
               Chloride.
     51-21-8  Fluorouracil......  .........         500       500/10,000
    944-22-9  Fonofos...........  .........         500       500
     50-00-0  Formaldehyde......  l                 100       500
    107-16-4  Formaldehyde        h               1,000     1,000
               Cyanohydrin.
  23422-53-9  Formetanate         d, h                1       500/10,000
               Hydrochloride.
   2540-82-1  Formothion........  .........         100       100
  17702-57-7  Formparanate......  d                   1       100/10,000
  21548-32-3  Fosthietan........  .........         500       500
   3878-19-1  Fuberidazole......  .........         100       100/10,000
    110-00-9  Furan.............  .........         100       500
  13450-90-3  Gallium             .........         500       500/10,000
               Trichloride.
     77-47-4  Hexachlorocyclopen  h                  10       100
               tadiene.
   4835-11-4  Hexamethylenediami  .........         500       500
               ne, N,N'-Dibutyl-.
    302-01-2  Hydrazine.........  .........           1     1,000
     74-90-8  Hydrocyanic Acid..  .........          10       100
   7647-01-0  Hydrogen Chloride   l               5,000       500
               (gas only).
   7664-39-3  Hydrogen Fluoride.  .........         100       100
   7722-84-1  Hydrogen Peroxide   l               1,000     1,000
               (Conc 
               52%).
   7783-07-5  Hydrogen Selenide.  .........          10        10
   7783-06-4  Hydrogen Sulfide..  l                 100       500
    123-31-9  Hydroquinone......  l                 100       500/10,000
  13463-40-6  Iron,               .........         100       100
               Pentacarbonyl-.
    297-78-9  Isobenzan.........  .........         100       100/10,000
     78-82-0  Isobutyronitrile..  h               1,000     1,000
    102-36-3  Isocyanic Acid,     .........         500       500/10,000
               3,4-
               Dichlorophenyl
               Ester.
    465-73-6  Isodrin...........  .........           1       100/10,000
     55-91-4  Isofluorphate.....  c                 100       100
   4098-71-9  Isophorone          .........         100       500
               Diisocyanate..
    108-23-6  Isopropyl           .........       1,000     1,000
               Chloroformate.
    119-38-0  Isopropylmethylpyr  d                   1       500
               azolyl
               Dimethylcarbamate.
     78-97-7  Lactonitrile......  .........       1,000     1,000
  21609-90-5  Leptophos.........  .........         500       500/10,000
    541-25-3  Lewisite..........  c, h               10        10
     58-89-9  Lindane...........  .........           1     1,000/10,000

[[Page 434]]

 
   7580-67-8  Lithium Hydride...  b                 100       100
    109-77-3  Malononitrile.....  .........       1,000       500/10,000
  12108-13-3  Manganese,          h                 100       100
               Tricarbonyl
               Methylcyclopentad
               ienyl.
     51-75-2  Mechlorethamine...  c                  10        10
    950-10-7  Mephosfolan.......  .........         500       500
   1600-27-7  Mercuric Acetate..  .........         500       500/10,000
   7487-94-7  Mercuric Chloride.  .........         500       500/10,000
  21908-53-2  Mercuric Oxide....  .........         500       500/10,000
  10476-95-6  Methacrolein        .........       1,000     1,000
               Diacetate.
    760-93-0  Methacrylic         .........         500       500
               Anhydride.
    126-98-7  Methacrylonitrile.  h               1,000       500
    920-46-7  Methacryloyl        .........         100       100
               Chloride.
  30674-80-7  Methacryloyloxyeth  h                 100       100
               yl Isocyanate.
  10265-92-6  Methamidophos.....  .........         100       100/10,000
    558-25-8  Methanesulfonyl     .........       1,000     1,000
               Fluoride.
    950-37-8  Methidathion......  .........         500       500/10,000
   2032-65-7  Methiocarb........  .........          10       500/10,000
  16752-77-5  Methomyl..........  h                 100       500/10,000
    151-38-2  Methoxyethylmercur  .........         500       500/10,000
               ic Acetate.
     80-63-7  Methyl 2-           .........         500       500
               Chloroacrylate.
     74-83-9  Methyl Bromide....  l               1,000     1,000
     79-22-1  Methyl              h               1,000       500
               Chloroformate.
     60-34-4  Methyl Hydrazine..  .........          10       500
    624-83-9  Methyl Isocyanate.  .........          10       500
    556-61-6  Methyl              b                 500       500
               Isothiocyanate.
     74-93-1  Methyl Mercaptan..  l                 100       500
   3735-23-7  Methyl Phenkapton.  .........         500       500
    676-97-1  Methyl Phosphonic   b                 100       100
               Dichloride.
    556-64-9  Methyl Thiocyanate  .........      10,000    10,000
     78-94-4  Methyl Vinyl        .........          10        10
               Ketone.
    502-39-6  Methylmercuric      .........         500       500/10,000
               Dicyanamide.
     75-79-6  Methyltrichlorosil  h                 500       500
               ane.
   1129-41-5  Metolcarb.........  d                   1       100/10,000
   7786-34-7  Mevinphos.........  .........          10       500
    315-18-4  Mexacarbate.......  .........       1,000       500/10,000
     50-07-7  Mitomycin C.......  .........          10       500/10,000
   6923-22-4  Monocrotophos.....  .........          10        10/10,000
   2763-96-4  Muscimol..........  .........       1,000       500/10,000
    505-60-2  Mustard Gas.......  h                 500       500
  13463-39-3  Nickel Carbonyl...  .........          10         1
     54-11-5  Nicotine..........  c                 100       100
     65-30-5  Nicotine Sulfate..  .........         100       100/10,000
   7697-37-2  Nitric Acid.......  .........       1,000     1,000
  10102-43-9  Nitric Oxide......  c                  10       100
     98-95-3  Nitrobenzene......  l               1,000    10,000
   1122-60-7  Nitrocyclohexane..  .........         500       500
  10102-44-0  Nitrogen Dioxide..  .........          10       100
     62-75-9  Nitrosodimethylami  h                  10     1,000
               ne.
    991-42-4  Norbormide........  .........         100       100/10,000
           0  Organorhodium       .........          10        10/10,000
               Complex (PMN-82-
               147).
    630-60-4  Ouabain...........  c                 100       100/10,000
  23135-22-0  Oxamyl............  d                   1       100/10,000
     78-71-7  Oxetane, 3,3-       .........         500       500
               Bis(Chloromethyl)-
               .
   2497-07-6  Oxydisulfoton.....  h                 500       500
  10028-15-6  Ozone.............  .........         100       100
   1910-42-5  Paraquat            .........          10        10/10,000
               Dichloride.
   2074-50-2  Paraquat            .........          10        10/10,000
               Methosulfate.
     56-38-2  Parathion.........  c                  10       100
    298-00-0  Parathion-Methyl..  c                 100       100/10,000
  12002-03-8  Paris Green.......  .........           1       500/10,000
  19624-22-7  Pentaborane.......  .........         500       500
   2570-26-5  Pentadecylamine...  .........         100       100/10,000
     79-21-0  Peracetic Acid....  .........         500       500
    594-42-3  Perchloromethylmer  .........         100       500
               captan.
    108-95-2  Phenol............  .........       1,000       500/10,000
   4418-66-0  Phenol, 2,2'-       .........         100       100/10,000
               Thiobis(4-Chloro-
               6-Methyl)-.
     64-00-6  Phenol, 3-(1-       d                   1       500/10,000
               Methylethyl)-,
               Methylcarbamate.
     58-36-6  Phenoxarsine,       .........         500       500/10,000
               10,10'-Oxydi-.
    696-28-6  Phenyl              h                   1       500
               Dichloroarsine.
     59-88-1  Phenylhydrazine     .........       1,000     1,000/10,000
               Hydrochloride.
     62-38-4  Phenylmercury       .........         100       500/10,000
               Acetate.

[[Page 435]]

 
   2097-19-0  Phenylsilatrane...  h                 100       100/10,000
    103-85-5  Phenylthiourea....  .........         100       100/10,000
    298-02-2  Phorate...........  .........          10        10
   4104-14-7  Phosacetim........  .........         100       100/10,000
    947-02-4  Phosfolan.........  .........         100       100/10,000
     75-44-5  Phosgene..........  l                  10        10
  13171-21-6  Phosphamidon......  .........         100       100
   7803-51-2  Phosphine.........  .........         100       500
   2703-13-1  Phosphonothioic     .........         500       500
               Acid, Methyl-, O-
               Ethyl O-(4-
               (Methylthio)
               Phenyl) Ester.
  50782-69-9  Phosphonothioic     .........         100       100
               Acid, Methyl-, S-
               (2-
               (Bis(1Methylethyl
               )Amino)Ethyl) O-
               Ethyl Ester.
   2665-30-7  Phosphonothioic     .........         500       500
               Acid, Methyl-, O-
               (4-Nitrophenyl) O-
               Phenyl Ester.
   3254-63-5  Phosphoric Acid,    .........         500       500
               Dimethyl 4-
               (Methylthio)Pheny
               l Ester.
   2587-90-8  Phosphorothioic     c, g              500       500
               Acid, O,O-
               Dimethyl-S-(2-
               Methylthio) Ethyl
               Ester.
   7723-14-0  Phosphorus........  b, h                1       100
  10025-87-3  Phosphorus          .........       1,000       500
               Oxychloride.
  10026-13-8  Phosphorus          b                 500       500
               Pentachloride.
   7719-12-2  Phosphorus          .........       1,000     1,000
               Trichloride.
     57-47-6  Physostigmine.....  d                   1       100/10,000
     57-64-7  Physostigmine,      d                   1       100/10,000
               Salicylate (1:1).
    124-87-8  Picrotoxin........  .........         500       500/10,000
    110-89-4  Piperidine........  .........       1,000     1,000
  23505-41-1  Pirimifos-Ethyl...  .........       1,000     1,000
  10124-50-2  Potassium Arsenite  .........           1       500/10,000
    151-50-8  Potassium Cyanide.  b                  10       100
    506-61-6  Potassium Silver    b                   1       500
               Cyanide.
   2631-37-0  Promecarb.........  d, h                1       500/10,000
    106-96-7  Propargyl Bromide.  .........          10        10
     57-57-8  Propiolactone,      .........          10       500
               Beta-.
    107-12-0  Propionitrile.....  .........          10       500
    542-76-7  Propionitrile, 3-   .........       1,000     1,000
               Chloro-.
     70-69-9  Propiophenone, 4-   g                 100       100/10,000
               Amino-.
    109-61-5  Propyl              .........         500       500
               Chloroformate.
     75-56-9  Propylene Oxide...  l                 100    10,000
     75-55-8  Propyleneimine....  .........           1    10,000
   2275-18-5  Prothoate.........  .........         100       100/10,000
    129-00-0  Pyrene............  c               5,000     1,000/10,000
    140-76-1  Pyridine, 2-Methyl- .........         500       500
               5-Vinyl-.
    504-24-5  Pyridine, 4-Amino-  h               1,000       500/10,000
   1124-33-0  Pyridine, 4-Nitro-  .........         500       500/10,000
               ,l-Oxide.
  53558-25-1  Pyriminil.........  h                 100       100/10,000
  14167-18-1  Salcomine.........  .........         500       500/10,000
    107-44-8  Sarin.............  h                  10        10
   7783-00-8  Selenious Acid....  .........          10     1,000/10,000
   7791-23-3  Selenium            .........         500       500
               Oxychloride.
    563-41-7  Semicarbazide       .........       1,000     1,000/10,000
               Hydrochloride.
   3037-72-7  Silane, (4-         .........       1,000     1,000
               Aminobutyl)Dietho
               xymethyl-.
   7631-89-2  Sodium Arsenate...  .........           1     1,000/10,000
   7784-46-5  Sodium Arsenite...  .........           1       500/10,000
  26628-22-8  Sodium Azide        b               1,000       500
               (Na(N3)).
    124-65-2  Sodium Cacodylate.  .........         100       100/10,000
    143-33-9  Sodium Cyanide      b                  10       100
               (Na(CN)).
     62-74-8  Sodium              .........          10        10/10,000
               Fluoroacetate.
  13410-01-0  Sodium Selenate...  .........         100       100/10,000
  10102-18-8  Sodium Selenite...  h                 100       100/10,000
  10102-20-2  Sodium Tellurite..  .........         500       500/10,000
    900-95-8  Stannane,           g                 500       500/10,000
               Acetoxytriphenyl-.
     57-24-9  Strychnine........  c                  10       100/10,000
     60-41-3  Strychnine Sulfate  .........          10       100/10,000
   3689-24-5  Sulfotep..........  .........         100       500
   3569-57-1  Sulfoxide, 3-       .........         500       500
               Chloropropyl
               Octyl.
   7446-09-5  Sulfur Dioxide....  1                 500       500
   7783-60-0  Sulfur              .........         100       100
               Tetrafluoride.
   7446-11-9  Sulfur Trioxide...  b                 100       100
   7664-93-9  Sulfuric Acid.....  .........       1,000     1,000
     77-81-6  Tabun.............  c, h               10        10
   7783-80-4  Tellurium           k                 100       100
               Hexafluoride.
    107-49-3  TEPP..............  .........          10       100
  13071-79-9  Terbufos..........  h                 100       100
     78-00-2  Tetraethyllead....  c                  10       100

[[Page 436]]

 
    597-64-8  Tetraethyltin.....  c                 100       100
     75-74-1  Tetramethyllead...  c, 1              100       100
    509-14-8  Tetranitromethane.  .........          10       500
  10031-59-1  Thallium Sulfate..  h                 100       100/10,000
   6533-73-9  Thallous Carbonate  c, h              100       100/10,000
   7791-12-0  Thallous Chloride.  c, h              100       100/10,000
   2757-18-8  Thallous Malonate.  c, h              100       100/10,000
   7446-18-6  Thallous Sulfate..  .........         100       100/10,000
   2231-57-4  Thiocarbazide.....  .........       1,000     1,000/10,000
  39196-18-4  Thiofanox.........  .........         100       100/10,000
    297-97-2  Thionazin.........  .........         100       500
    108-98-5  Thiophenol........  .........         100       500
     79-19-6  Thiosemicarbazide.  .........         100       100/10,000
   5344-82-1  Thiourea, (2-       .........         100       100/10,000
               Chlorophenyl)-.
    614-78-8  Thiourea, (2-       .........         500       500/10,000
               Methylphenyl)-.
   7550-45-0  Titanium            .........       1,000       100
               Tetrachloride.
    584-84-9  Toluene 2,4-        .........         100       500
               Diisocyanate.
     91-08-7  Toluene 2,6-        .........         100       100
               Diisocyanate.
    110-57-6  Trans-1,4-          .........         500       500
               Dichlorobutene.
   1031-47-6  Triamiphos........  .........         500       500/10,000
  24017-47-8  Triazofos.........  .........         500       500
     76-02-8  Trichloroacetyl     .........         500       500
               Chloride.
    115-21-9  Trichloroethylsila  h                 500       500
               ne.
    327-98-0  Trichloronate.....  k                 500       500
     98-13-5  Trichlorophenylsil  h                 500       500
               ane.
   1558-25-4  Trichloro(Chlorome  .........         100       100
               thyl)Silane.
  27137-85-5  Trichloro(Dichloro  .........         500       500
               phenyl) Silane.
    998-30-1  Triethoxysilane...  .........         500       500
     75-77-4  Trimethylchlorosil  .........       1,000     1,000
               ane.
    824-11-3  Trimethylolpropane  h                 100       100/10,000
               Phosphite.
   1066-45-1  Trimethyltin        .........         500       500/10,000
               Chloride.
    639-58-7  Triphenyltin        .........         500       500/10,000
               Chloride.
    555-77-1  Tris(2-             h                 100       100
               Chloroethyl)Amine.
   2001-95-8  Valinomycin.......  c               1,000     1,000/10,000
   1314-62-1  Vanadium Pentoxide  .........       1,000       100/10,000
    108-05-4  Vinyl Acetate       1               5,000     1,000
               Monomer.
     81-81-2  Warfarin..........  .........         100       500/10,000
    129-06-6  Warfarin Sodium...  h                 100       100/10,000
  28347-13-9  Xylylene            .........         100       100/10,000
               Dichloride.
  58270-08-9  Zinc, Dichloro(4,4- .........         100       100/10,000
               Dimethyl-
               5((((Methylamino)
               Carbonyl)
               Oxy)Imino)Pentane
               nitrile)-, (T-4)-.
   1314-84-7  Zinc Phosphide....  b                 100       500
------------------------------------------------------------------------
* Only the statutory or final RQ is shown. For more information, see 40
  CFR table 302.4.
Notes:
a This chemical does not meet acute toxicity criteria. Its TPQ is set at
  10,000 pounds.
b This material is a reactive solid. The TPQ does not default to 10,000
  pounds for non-powder, non-molten, nonsolution form.
c The calculated TPQ changed after technical review as described in the
  technical support document.
d Indicates that the RQ is subject to change when the assessment of
  potential carcinogenicity and/or other toxicity is completed.
e Statutory reportable quantity for purposes of notification under SARA
  sect 304(a)(2).
f [Reserved]
g New chemicals added that were not part of the original list of 402
  substances.
h Revised TPQ based on new or re-evaluated toxicity data.
j TPQ is revised to its calculated value and does not change due to
  technical review as in proposed rule.
k The TPQ was revised after proposal due to calculation error.
l Chemicals on the original list that do not meet toxicity criteria but
  because of their high production volume and recognized toxicity are
  considered chemicals of concern (``Other chemicals'').


[61 FR 20479, May 7, 1996, as amended at 68 FR 52984, Sept. 8, 2003; 69 
FR 68815, Nov. 26, 2004]

 Appendix B to Part 355--The List of Extremely Hazardous Substances and 
                   Their Threshold Planning Quantities

                           [CAS Number Order]
------------------------------------------------------------------------
                                                            Threshold
                                             Reportable      planning
   CAS No.       Chemical name      Notes    quantity *      quantity
                                              (pounds)       (pounds)
------------------------------------------------------------------------
           0  Organorhodium       .........          10        10/10,000
               Complex (PMN-82-
               147).
     50-00-0  Formaldehyde......  l                 100       500
     50-07-7  Mitomycin C.......  .........          10       500/10,000

[[Page 437]]

 
     50-14-6  Ergocalciferol....  c               1,000     1,000/10,000
     51-21-8  Fluorouracil......  .........         500       500/10,000
     51-75-2  Mechlorethaminec..  c                  10        10
     51-83-2  Carbachol Chloride  .........         500       500/10,000
     54-11-5  Nicotine..........  c                 100       100
     54-62-6  Aminopterin.......  .........         500       500/10,000
     55-91-4  Isofluorphate.....  c                 100       100
     56-25-7  Cantharidin.......  .........         100       100/10,000
     56-38-2  Parathion.........  c                  10       100
     56-72-4  Coumaphos.........  .........          10       100/10,000
     57-14-7  Dimethylhydrazine.  .........          10     1,000
     57-24-9  Strychnine........  c                  10       100/10,000
     57-47-6  Physostigmine.....  d                   1       100/10,000
     57-57-8  Propiolactone,      .........          10       500
               Beta-.
     57-64-7  Physostigmine,      d                   1       100/10,000
               Salicylate (1:1).
     57-74-9  Chlordane.........  .........           1     1,000
     58-36-6  Phenoxarsine,       .........         500       500/10,000
               10,10'-Oxydi-.
     58-89-9  Lindane...........  .........           1     1,000/10,000
     59-88-1  Phenylhydrazine     .........       1,000     1,000/10,000
               Hydrochloride.
     60-34-4  Methyl Hydrazine..  .........          10       500
     60-41-3  Strychnine sulfate  .........          10       100/10,000
     60-51-5  Dimethoate........  .........          10       500/10,000
     62-38-4  Phenylmercury       .........         100       500/10,000
               Acetate.
     62-53-3  Aniline...........  l               5,000     1,000
     62-73-7  Dichlorvos........  .........          10     1,000
     62-74-8  Sodium              .........          10        10/10,000
               Fluoroacetate.
     62-75-9  Nitrosodimethylami  h                  10     1,000
               ne.
     64-00-6  Phenol, 3-(1-       d                   1       500/10,000
               Methylethyl)-,
               Methylcarbamate.
     64-86-8  Colchicine........  h                  10        10/10,000
     65-30-5  Nicotine sulfate..  .........         100       100/10,000
     66-81-9  Cycloheximide.....  .........         100       100/10,000
     67-66-3  Chloroform........  l                  10    10,000
     70-69-9  Propiophenone, 4-   g                 100       100/10,000
               Amino-.
     71-63-6  Digitoxin.........  c                 100       100/10,000
     72-20-8  Endrin............  .........           1       500/10,000
     74-83-9  Methyl Bromide....  l               1,000     1,000
     74-90-8  Hydrocyanic Acid..  .........          10       100
     74-93-1  Methyl Mercaptan..  l                 100       500
     75-15-0  Carbon Disulfide..  l                 100    10,000
     75-21-8  Ethylene Oxide....  l                  10     1,000
     75-44-5  Phosgene..........  l                  10        10
     75-55-8  Propyleneimine....  .........           1    10,000
     75-56-9  Propylene Oxide...  l                 100    10,000
     75-74-1  Tetramethyllead...  c, l              100       100
     75-77-4  Trimethylchlorosil  .........       1,000     1,000
               ane.
     75-78-5  Dimethyldichlorosi  h                 500       500
               lane.
     75-79-6  Methyltrichlorosil  h                 500       500
               ane.
     75-86-5  Acetone             .........          10     1,000
               Cyanohydrin.
     76-02-8  Trichloroacetyl     .........         500       500
               Chloride.
     77-47-4  Hexachlorocyclopen  h                  10       100
               tadiene.
     77-78-1  Dimethyl Sulfate..  .........         100       500
     77-81-6  Tabun.............  c, h               10        10
     78-00-2  Tetraethyllead....  c                  10       100
     78-34-2  Dioxathion........  .........         500       500
     78-53-5  Amiton............  .........         500       500
     78-71-7  Oxetane, 3,3-       .........         500       500
               Bis(Chloromethyl)-
               .
     78-82-0  Isobutyronitrile..  h               1,000     1,000
     78-94-4  Methyl Vinyl        .........          10        10
               Ketone.
     78-97-7  Lactonitrile......  .........       1,000     1,000
     79-06-1  Acrylamide........  l               5,000     1,000/10,000
     79-11-8  Chloroacetic Acid.  .........         100       100/10,000
     79-19-6  Thiosemicarbazide.  .........         100       100/10,000
     79-21-0  Peracetic Acid....  .........         500       500
     79-22-1  Methyl              h               1,000       500
               Chloroformate.
     80-63-7  Methyl 2-           .........         500       500
               Chloroacrylate.
     81-81-2  Warfarin..........  .........         100       500/10,000
     82-66-6  Diphacinone.......  .........          10        10/10,000
     86-50-0  Azinphos-Methyl...  .........           1        10/10,000
     86-88-4  ANTU..............  .........         100       500/10,000
     88-05-1  Aniline, 2,4,6-     .........         500       500
               Trimethyl-.
     88-85-7  Dinoseb...........  .........       1,000       100/10,000

[[Page 438]]

 
     91-08-7  Toluene 2,6-        .........         100       100
               Diisocyanate.
     95-48-7  Cresol, o-........  .........         100     1,000/10,000
     98-05-5  Benzenearsonic      .........          10        10/10,000
               Acid.
     98-07-7  Benzotrichloride..  .........          10       100
     98-13-5  Trichlorophenylsil  h                 500       500
               ane.
     98-16-8  Benzenamine, 3-     .........         500       500
               (Trifluoromethyl)-
               .
     98-87-3  Benzal Chloride...  .........       5,000       500
     98-95-3  Nitrobenzene......  l               1,000    10,000
     99-98-9  Dimethyl-p-         .........          10        10/10,000
               Phenylenediamine.
    100-14-1  Benzene, 1-         .........         500       500/10,000
               (Chloromethyl)-4-
               Nitro-.
    100-44-7  Benzyl Chloride...  .........         100       500
    102-36-3  Isocyanic Acid,     .........         500       500/10,000
               3,4-
               Dichlorophenyl
               Ester.
    103-85-5  Phenylthiourea....  .........         100       100/10,000
    106-89-8  Epichlorohydrin...  l                 100     1,000
    106-96-7  Propargyl Bromide.  .........          10        10
    107-02-8  Acrolein..........  .........           1       500
    107-07-3  Chloroethanol.....  .........         500       500
    107-11-9  Allylamine........  .........         500       500
    107-12-0  Propionitrile.....  .........          10       500
    107-13-1  Acrylonitrile.....  l                 100    10,000
    107-15-3  Ethylenediamine...  .........       5,000    10,000
    107-16-4  Formaldehyde        h               1,000     1,000
               Cyanohydrin.
    107-18-6  Allyl Alcohol.....  .........         100     1,000
    107-30-2  Chloromethyl        c                  10       100
               Methyl Ether.
    107-44-8  Sarin.............  h                  10        10
    107-49-3  TEPP..............  .........          10       100
    108-05-4  Vinyl Acetate       l               5,000     1,000
               Monomer.
    108-23-6  Isopropyl           .........       1,000     1,000
               Chloroformate.
    108-91-8  Cyclohexylamine...  l              10,000    10,000
    108-95-2  Phenol............  .........       1,000       500/10,000
    108-98-5  Thiophenol........  .........         100       500
    109-61-5  Propyl              .........         500       500
               Chloroformate.
    109-77-3  Malononitrile.....  .........       1,000       500/10,000
    110-00-9  Furan.............  .........         100       500
    110-57-6  Trans-1,4-          .........         500       500
               Dichlorobutene.
    110-89-4  Piperidine........  .........       1,000     1,000
    111-44-4  Dichloroethyl       .........          10    10,000
               Ether.
    111-69-3  Adiponitrile......  l               1,000     1,000
    115-21-9  Trichloroethylsila  h                 500       500
               ne.
    115-26-4  Dimefox...........  .........         500       500
    115-29-7  Endosulfan........  .........           1        10/10,000
    115-90-2  Fensulfothion.....  h                 500       500
    116-06-3  Aldicarb..........  c                   1       100/10,000
    119-38-0  Isopropylmethylpyr  d                   1       500
               azolyl
               Dimethylcarbamate.
    123-31-9  Hydroquinone......  l                 100       500/10,000
    123-73-9  Crotonaldehyde,     .........         100     1,000
               (E)-.
    124-65-2  Sodium Cacodylate.  .........         100       100/10,000
    124-87-8  Picrotoxin........  .........         500       500/10,000
    126-98-7  Methacrylonitrile.  h               1,000       500
    129-00-0  Pyrene............  c               5,000     1,000/10,000
    129-06-6  Warfarin Sodium...  h                 100       100/10,000
    140-29-4  Benzyl Cyanide....  h                 500       500
    140-76-1  Pyridine, 2-Methyl- .........         500       500
               5-Vinyl-.
    141-66-2  Dicrotophos.......  .........         100       100
    143-33-9  Sodium Cyanide      b                  10       100
               (Na(CN)).
    144-49-0  Fluoroacetic Acid.  .........          10        10/10,000
    149-74-6  Dichloromethylphen  .........       1,000     1,000
               ylsilane.
    151-38-2  Methoxyethylmercur  .........         500       500/10,000
               ic Acetate.
    151-50-8  Potassium Cyanide.  b                  10       100
    151-56-4  Ethyleneimine.....  .........           1       500
    152-16-9  Diphosphoramide,    .........         100       100
               Octamethyl-.
    297-78-9  Isobenzan.........  .........         100       100/10,000
    297-97-2  Thionazin.........  .........         100       500
    298-00-0  Parathion-Methyl..  c                 100       100/10,000
    298-02-2  Phorate...........  .........          10        10
    298-04-4  Disulfoton........  .........           1       500
    300-62-9  Amphetamine.......  .........       1,000     1,000
    302-01-2  Hydrazine.........  .........           1     1,000
    309-00-2  Aldrin............  .........           1       500/10,000
    315-18-4  Mexacarbate.......  .........       1,000       500/10,000
    316-42-7  Emetine,            h                   1         1/10,000
               Dihydrochloride.

[[Page 439]]

 
    327-98-0  Trichloronate.....  k                 500       500
    353-42-4  Boron Trifluoride   .........       1,000     1,000
               Compound With
               Methyl Ether
               (1:1).
    359-06-8  Fluoroacetyl        c                  10        10
               Chloride.
    371-62-0  Ethylene            c, h               10        10
               Fluorohydrin.
    379-79-3  Ergotamine          .........         500       500/10,000
               Tartrate.
    465-73-6  Isodrin...........  .........           1       100/10,000
    470-90-6  Chlorfenvinfos....  .........         500       500
    502-39-6  Methylmercuric      .........         500       500/10,000
               Dicyanamide.
    504-24-5  Pyridine, 4-Amino-  h               1,000       500/10,000
    505-60-2  Mustard Gas.......  h                 500       500
    506-61-6  Potassium Silver    b                   1       500
               Cyanide.
    506-68-3  Cyanogen Bromide..  .........       1,000       500/10,000
    506-78-5  Cyanogen Iodide...  .........       1,000     1,000/10,000
    509-14-8  Tetranitromethane.  .........          10       500
    514-73-8  Dithiazanine        .........         500       500/10,000
               Iodide.
    534-07-6  Bis(Chloromethyl)   .........          10        10/10,000
               Ketone.
    534-52-1  Dinitrocresol.....  .........          10        10/10,000
    535-89-7  Crimidine.........  .........         100       100/10,000
    538-07-8  Ethylbis(2-         h                 500       500
               Chloroethyl)Amine.
    541-25-3  Lewisite..........  c, h               10        10
    541-53-7  Dithiobiuret......  .........         100       100/10,000
    542-76-7  Propionitrile, 3-   .........       1,000     1,000
               Chloro-.
    542-88-1  Chloromethyl Ether  h                  10       100
    542-90-5  Ethylthiocyanate..  .........      10,000    10,000
    555-77-1  Tris(2-             h                 100       100
               Chloroethyl)Amine.
    556-61-6  Methyl              b                 500       500
               Isothiocyanate.
    556-64-9  Methyl Thiocyanate  .........      10,000    10,000
    558-25-8  Methanesulfonyl     .........       1,000     1,000
               Fluoride.
    563-12-2  Ethion............  .........          10     1,000
    563-41-7  Semicarbazide       .........       1,000     1,000/10,000
               Hydrochloride.
    584-84-9  Toluene 2,4-        .........         100       500
               Diisocyanate.
    594-42-3  Perchloromethylmer  .........         100       500
               captan.
    597-64-8  Tetraethyltin.....  c                 100       100
    614-78-8  Thiourea, (2-       .........         500       500/10,000
               Methylphenyl)-.
    624-83-9  Methyl Isocyanate.  .........          10       500
    627-11-2  Chloroethyl         .........       1,000     1,000
               Chloroformate.
    630-60-4  Ouabain...........  c                 100       100/10,000
    639-58-7  Triphenyltin        .........         500       500/10,000
               Chloride.
    640-19-7  Fluoroacetamide...  j                 100       100/10,000
    644-64-4  Dimetilan.........  d                   1       500/10,000
    675-14-9  Cyanuric Fluoride.  .........         100       100
    676-97-1  Methyl Phosphonic   b                 100       100
               Dichloride.
    696-28-6  Phenyl              h                   1       500
               Dichloroarsine.
    760-93-0  Methacrylic         .........         500       500
               Anhydride.
    786-19-6  Carbophenothion...  .........         500       500
    814-49-3  Diethyl             h                 500       500
               Chlorophosphate.
    814-68-6  Acrylyl Chloride..  h                 100       100
    824-11-3  Trimethylolpropane  h                 100       100/10,000
               Phosphite.
    900-95-8  Stannane,           g                 500       500/10,000
               Acetoxytriphenyl-.
    919-86-8  Demeton-S-Methyl..  .........         500       500
    920-46-7  Methacryloyl        .........         100       100
               Chloride.
    944-22-9  Fonofos...........  .........         500       500
    947-02-4  Phosfolan.........  .........         100       100/10,000
    950-10-7  Mephosfolan.......  .........         500       500
    950-37-8  Methidathion......  .........         500       500/10,000
    991-42-4  Norbormide........  .........         100       100/10,000
    998-30-1  Triethoxysilane...  .........         500       500
    999-81-5  Chlormequat         h                 100       100/10,000
               Chloride.
   1031-47-6  Triamiphos........  .........         500       500/10,000
   1066-45-1  Trimethyltin        .........         500       500/10,000
               Chloride.
   1122-60-7  Nitrocyclohexane..  .........         500       500
   1124-33-0  Pyridine, 4-Nitro-  .........         500       500/10,000
               ,1-Oxide.
   1129-41-5  Metolcarb.........  d                   1       100/10,000
   1303-28-2  Arsenic Pentoxide.  .........           1       100/10,000
   1306-19-0  Cadmium Oxide.....  .........         100       100/10,000
   1314-62-1  Vanadium Pentoxide  .........       1,000       100/10,000
   1314-84-7  Zinc Phosphide....  b                 100       500
   1327-53-3  Arsenous Oxide....  h                   1       100/10,000
   1397-94-0  Antimycin A.......  c               1,000     1,000/10,000
   1420-07-1  Dinoterb..........  .........         500       500/10,000
   1464-53-5  Diepoxybutane.....  .........          10       500

[[Page 440]]

 
   1558-25-4  Trichloro(Chlorome  .........         100       100
               thyl)Silane.
   1563-66-2  Carbofuran........  .........          10        10/10,000
   1600-27-7  Mercuric Acetate..  .........         500       500/10,000
   1622-32-8  Ethanesulfonyl      .........         500       500
               Chloride, 2-
               Chloro-.
   1752-30-3  Acetone             .........       1,000     1,000/10,000
               Thiosemicarbazide.
   1910-42-5  Paraquat            .........          10        10/10,000
               Dichloride.
   1982-47-4  Chloroxuron.......  .........         500       500/10,000
   2001-95-8  Valinomycin.......  c               1,000     1,000/10,000
   2032-65-7  Methiocarb........  .........          10       500/10,000
   2074-50-2  Paraquat            .........          10        10/10,000
               Methosulfate.
   2097-19-0  Phenylsilatrane...  h                 100       100/10,000
   2104-64-5  EPN...............  .........         100       100/10,000
   2223-93-0  Cadmium Stearate..  c               1,000     1,000/10,000
   2231-57-4  Thiocarbazide.....  .........       1,000     1,000/10,000
   2238-07-5  Diglycidyl Ether..  .........       1,000     1,000
   2275-18-5  Prothoate.........  .........         100       100/10,000
   2497-07-6  Oxydisulfoton.....  h                 500       500
   2524-03-0  Dimethyl            .........         500       500
               Phosphorochlorido
               thioate.
   2540-82-1  Formothion........  .........         100       100
   2570-26-5  Pentadecylamine...  .........         100       100/10,000
   2587-90-8  Phosphorothioic     c, g              500       500
               Acid, O,O-
               Dimethyl-S-(2-
               Methylthio) Ethyl
               Ester.
   2631-37-0  Promecarb.........  d, h                1       500/10,000
   2636-26-2  Cyanophos.........  .........       1,000     1,000
   2642-71-9  Azinphos-Ethyl....  .........         100       100/10,000
   2665-30-7  Phosphonothioic     .........         500       500
               Acid, Methyl-, O-
               (4-Nitrophenyl) O-
               Phenyl Ester.
   2703-13-1  Phosphonothioic     .........         500       500
               Acid, Methyl-, O-
               Ethyl O-(4-
               (Methylthio)Pheny
               l) Ester.
   2757-18-8  Thallous Malonate.  c, h              100       100/10,000
   2763-96-4  Muscimol..........  .........       1,000       500/10,000
   2778-04-3  Endothion.........  .........         500       500/10,000
   3037-72-7  Silane, (4-         .........       1,000     1,000
               Aminobutyl)Dietho
               xymethyl-.
   3254-63-5  Phosphoric Acid,    .........         500       500
               Dimethyl 4-
               (Methylthio)Pheny
               l Ester.
   3569-57-1  Sulfoxide, 3-       .........         500       500
               Chloropropyl
               Octyl.
   3615-21-2  Benzimidazole, 4,5- g                 500       500/10,000
               Dichloro-2-
               (Trifluoromethyl)-
               .
   3689-24-5  Sulfotep..........  .........         100       500
   3691-35-8  Chlorophacinone...  .........         100       100/10,000
   3734-97-2  Amiton Oxalate....  .........         100       100/10,000
   3735-23-7  Methyl Phenkapton.  .........         500       500
   3878-19-1  Fuberidazole......  .........         100       100/10,000
   4044-65-9  Bitoscanate.......  .........         500       500/10,000
   4098-71-9  Isophorone          .........         100       500
               Diisocyanate..
   4104-14-7  Phosacetim........  .........         100       100/10,000
   4170-30-3  Crotonaldehyde....  .........         100     1,000
   4301-50-2  Fluenetil.........  .........         100       100/10,000
   4418-66-0  Phenol, 2,2'-       .........         100       100/10,000
               Thiobis(4-Chloro-
               6-Methyl)-.
   4835-11-4  Hexamethylenediami  .........         500       500
               ne, N,N'-Dibutyl-.
   5344-82-1  Thiourea, (2-       .........         100       100/10,000
               Chlorophenyl)-.
   5836-29-3  Coumatetralyl.....  .........         500       500/10,000
   6533-73-9  Thallous Carbonate  c, h              100       100/10,000
   6923-22-4  Monocrotophos.....  .........          10        10/10,000
   7446-09-5  Sulfur Dioxide....  l                 500       500
   7446-11-9  Sulfur Trioxide...  b                 100       100
   7446-18-6  Thallous Sulfate..  .........         100       100/10,000
   7487-94-7  Mercuric Chloride.  .........         500       500/10,000
   7550-45-0  Titanium            .........       1,000       100
               Tetrachloride.
   7580-67-8  Lithium Hydride...  b                 100       100
   7631-89-2  Sodium Arsenate...  .........           1     1,000/10,000
   7637-07-2  Boron Trifluoride.  .........         500       500
   7647-01-0  Hydrogen Chloride   l               5,000       500
               (gas only).
   7664-39-3  Hydrogen Fluoride.  .........         100       100
   7664-41-7  Ammonia...........  l                 100       500
   7664-93-9  Sulfuric Acid.....  .........       1,000     1,000
   7697-37-2  Nitric Acid.......  .........       1,000     1,000
   7719-12-2  Phosphorus          .........       1,000     1,000
               Trichloride.
   7722-84-1  Hydrogen Peroxide   l               1,000     1,000
               (Conc 
               52%).
   7723-14-0  Phosphorus........  b, h                1       100
   7726-95-6  Bromine...........  l                 500       500
   7778-44-1  Calcium Arsenate..  .........           1       500/10,000
   7782-41-4  Fluorine..........  k                  10       500
   7782-50-5  Chlorine..........  .........          10       100
   7783-00-8  Selenious Acid....  .........          10     1,000/10,000
   7783-06-4  Hydrogen Sulfide..  l                 100       500

[[Page 441]]

 
   7783-07-5  Hydrogen Selenide.  .........          10        10
   7783-60-0  Sulfur              .........         100       100
               Tetrafluoride.
   7783-70-2  Antimony            .........         500       500
               Pentafluoride.
   7783-80-4  Tellurium           k                 100       100
               Hexafluoride.
   7784-34-1  Arsenous            .........           1       500
               Trichloride.
   7784-42-1  Arsine............  .........         100       100
   7784-46-5  Sodium Arsenite...  .........           1       500/10,000
   7786-34-7  Mevinphos.........  .........          10       500
   7791-12-0  Thallous Chloride.  c, h              100       100/10,000
   7791-23-3  Selenium            .........         500       500
               Oxychloride.
   7803-51-2  Phosphine.........  .........         100       500
   8001-35-2  Camphechlor.......  .........           1       500/10,000
   8065-48-3  Demeton...........  .........         500       500
  10025-73-7  Chromic Chloride..  .........           1         1/10,000
  10025-87-3  Phosphorus          .........       1,000       500
               Oxychloride.
  10026-13-8  Phosphorus          b                 500       500
               Pentachloride.
  10028-15-6  Ozone.............  .........         100       100
  10031-59-1  Thallium Sulfate..  h                 100       100/10,000
  10102-18-8  Sodium Selenite...  h                 100       100/10,000
  10102-20-2  Sodium Tellurite..  .........         500       500/10,000
  10102-43-9  Nitric Oxide......  c                  10       100
  10102-44-0  Nitrogen Dioxide..  .........          10       100
  10124-50-2  Potassium Arsenite  .........           1       500/10,000
  10140-87-1  Ethanol, 1,2-       .........       1,000     1,000
               Dichloro-,
               Acetate.
  10210-68-1  Cobalt Carbonyl...  h                  10        10/10,000
  10265-92-6  Methamidophos.....  .........         100       100/10,000
  10294-34-5  Boron Trichloride.  .........         500       500
  10311-84-9  Dialifor..........  .........         100       100/10,000
  10476-95-6  Methacrolein        .........       1,000     1,000
               Diacetate.
  12002-03-8  Paris Green.......  .........           1       500/10,000
  12108-13-3  Manganese,          h                 100       100
               Tricarbonyl
               Methylcyclopentad
               ienyl.
  13071-79-9  Terbufosh.........  h                 100       100
  13171-21-6  Phosphamidon......  .........         100       100
  13194-48-4  Ethoprophos.......  .........       1,000     1,000
  13410-01-0  Sodium Selenate...  .........         100       100/10,000
  13450-90-3  Gallium             .........         500       500/10,000
               Trichloride.
  13463-39-3  Nickel Carbonyl...  .........          10         1
  13463-40-6  Iron,               .........         100       100
               Pentacarbonyl-.
  14167-18-1  Salcomine.........  .........         500       500/10,000
  15271-41-7  Bicyclo[2.2.1]Hept  .........         500       500/10,000
               ane-2-
               Carbonitrile, 5-
               Chloro-6-
               ((((Methylamino)C
               arbonyl)Oxy)Imino
               )-, (1s-(1-
               alpha,2-beta,4-
               alpha,5-
               alpha,6E))-.
  16752-77-5  Methomyl..........  h                 100       500/10,000
  17702-41-9  Decaborane(14)....  .........         500       500/10,000
  17702-57-7  Formparanated.....  d                   1       100/10,000
  19287-45-7  Diborane..........  .........         100       100
  19624-22-7  Pentaborane.......  .........         500       500
  20830-75-5  Digoxin...........  h                  10        10/10,000
  20859-73-8  Aluminum Phosphide  b                 100       500
  21548-32-3  Fosthietan........  .........         500       500
  21609-90-5  Leptophos.........  .........         500       500/10,000
  21908-53-2  Mercuric Oxide....  .........         500       500/10,000
  21923-23-9  Chlorthiophos.....  h                 500       500
  22224-92-6  Fenamiphos........  .........          10        10/10,000
  23135-22-0  Oxamyl............  d                   1       100/10,000
  23422-53-9  Formetanate         d, h                1       500/10,000
               Hydrochloride.
  23505-41-1  Pirimifos-Ethyl...  .........       1,000     1,000
  24017-47-8  Triazofos.........  .........         500       500
  24934-91-6  Chlormephos.......  .........         500       500
  26419-73-8  Carbamic Acid,      d                   1       100/10,000
               Methyl-, O-(((2,4-
               Dimethyl-1, 3-
               Dithiolan-2-
               yl)Methylene)Amin
               o)-.
  26628-22-8  Sodium Azide        b               1,000       500
               (Na(N3)).
  27137-85-5  Trichloro(Dichloro  .........         500       500
               phenyl)Silane.
  28347-13-9  Xylylene            .........         100       100/10,000
               Dichloride.
  28772-56-7  Bromadiolone......  .........         100       100/10,000
  30674-80-7  Methacryloyloxyeth  .........         100       100
               yl Isocyanateh.
  39196-18-4  Thiofanox.........  .........         100       100/10,000
  50782-69-9  Phosphonothioic     .........         100       100
               Acid, Methyl-, S-
               (2-(Bis(1-
               Methylethyl)Amino
               )Ethyl) O-Ethyl
               Ester.
  53558-25-1  Pyriminil.........  h                 100       100/10,000
  58270-08-9  Zinc, Dichloro(4,4- .........         100       100/10,000
               Dimethyl-
               5((((Methylamino)
               Carbonyl)Oxy)Imin
               o)Pentanenitrile)-
               , (T-4)-.

[[Page 442]]

 
  62207-76-5  Cobalt, ((2,2'-     .........         100       100/10,000
               (1,2-
               Ethanediylbis
               (Nitrilomethylidy
               ne)) Bis(6-
               Fluorophenolato))
               (2-)-N,N',O,O')-.
------------------------------------------------------------------------
*Only the statutory or final RQ is shown. For more information, see 40
  CFR table 302.4.
Notes:
a. This chemical does not meet acute toxicity criteria. Its TPQ is set
  at 10,000 pounds.
b. This material is a reactive solid. The TPQ does not default to 10,000
  pounds for non-powder, non-molten, non-solution form.
c. The calculated TPQ changed after technical review as described in the
  technical support document.
d. Indicates that the RQ is subject to change when the assessment of
  potential carcinogenicity and/or other toxicity is completed.
e. Statutory reportable quantity for purposes of notification under SARA
  sect 304(a)(2).
f. [Reserved]
g. New chemicals added that were not part of the original list of 402
  substances.
h. Revised TPQ based on new or re-evaluated toxicity data.
j. TPQ is revised to its calculated value and does not change due to
  technical review as in proposed rule.
k. The TPQ was revised after proposal due to calculation error.
l. Chemicals on the original list that do not meet toxicity criteria but
  because of their high production volume and recognized toxicity are
  considered chemicals of concern (``Other chemicals'').


[61 FR 20484, May 7, 1996, as amended at 68 FR 52984, Sept. 8, 2003; 69 
FR 68815, Nov. 26, 2004]



PART 370_HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents




                      Subpart A_General Provisions

Sec.
370.1 Purpose.
370.2 Definitions.
370.5 Penalties.

                    Subpart B_Reporting Requirements

370.20 Applicability.
370.21 MSDS reporting.
370.25 Inventory reporting.
370.28 Mixtures.

         Subpart C_Public Access and Availability of Information

370.30 Requests for information.
370.31 Provision of information.

                        Subpart D_Inventory Forms

370.40 Tier I emergency and hazardous chemical inventory form.
370.41 Tier II emergency and hazardous chemical inventory form.

    Authority: Secs. 311, 312, 324, 325, 328, 329 of Pub. L. 99-499, 100 
Stat. 1613, 42 U.S.C. 11011, 11012, 11024, 11025, 11028, 11029.

    Source: 52 FR 38364, Oct. 15, 1987, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 370.1  Purpose.

    These regulations establish reporting requirements which provide the 
public with important information on the hazardous chemicals in their 
communities for the purpose of enhancing community awareness of chemical 
hazards and facilitating development of State and local emergency 
response plans.



Sec. 370.2  Definitions.

    Chief Executive Officer of the tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the tribe.
    Commission means the emergency response commission for the State in 
which the facility is located except where the facility is located in 
Indian Country, in which case, commission means the emergency response 
commission for the Tribe under whose jurisdiction the facility is 
located. In absence of an emergency response commission, the Governor 
and the chief executive officer, respectively, shall be the commission. 
Where there is a cooperative agreement between a State and a Tribe, the 
commission shall be the entity identified in the agreement.
    Committee or local emergency planning committee means the local 
emergency planning committee appointed by the emergency response 
commission.
    Environment includes water, air, and land and the interrelationship 
that exists among and between water, air, and land and all living 
things.
    Extremely hazardous substance means a substance listed in the 
appendices to

[[Page 443]]

40 CFR part 355, Emergency Planning and Notification.
    Facility means all buildings, equipment, structure, and other 
stationary items that are located on a single site or on contiguous or 
adjacent sites and which are owned or operated by the same person (or by 
any person which controls, is controlled by, or under common control 
with, such person). Facility shall include manmade structures as well as 
all natural structures in which chemicals are purposefully placed or 
removed through human means such that it functions as a containment 
structure for human use. For purposes of emergency release notification, 
the term includes motor vehicles, rolling stock, and aircraft.
    Hazard category means any of the following:
    (1) Immediate (acute) health hazard, including highly toxic, toxic, 
irritant, sensitizer, corrosive, (as defined under Sec. 1910.1200 of 
Title 29 of the Code of Federal Regulations) and other hazardous 
chemicals that cause an adverse effect to a target organ and which 
effect usually occurs rapidly as a result of short term exposure and is 
of short duration;
    (2) Delayed (chronic) health hazard, including carcinogens (as 
defined under Sec. 1910.1200 of Title 29 of the Code of Federal 
Regulations) and other hazardous chemicals that cause an adverse effect 
to a target organ and which effect generally occurs as a result of long 
term exposure and is of long duration;
    (3) Fire hazard, including flammable, combustible liquid, 
pyrophoric, and oxidizer (as defined under Sec. 1910.1200 of Title 29 
of the Code of Federal Regulations);
    (4) Sudden release of pressure, including explosive and compressed 
gas (as defined under Sec. 1910.1200 of Title 29 of the Code of Federal 
Regulations); and
    (5) Reactive, including unstable reactive, organic peroxide, and 
water reactive (as defined under Sec. 1910.1200 of Title 29 of the Code 
of Federal Regulations).
    Hazardous chemical means any hazardous chemical as defined under 
Sec. 1910.1200(c) of Title 29 of the Code of Federal Regulations, 
except that such term does not include the following substances:
    (1) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration.
    (2) Any substance present as a solid in any manufactured item to the 
extent exposure to the substance does not occur under normal conditions 
of use.
    (3) Any substance to the extent it is used for personal, family, or 
household purposes, or is present in the same form and concentration as 
a product packaged for distribution and use by the general public.
    (4) Any substance to the extent it is used in a research laboratory 
or a hospital or other medical facility under the direct supervision of 
a technically qualified individual.
    (5) Any substance to the extent it is used in routine agricultural 
operations or is a fertilizer held for sale by a retailer to the 
ultimate customer.
    Indian Country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as:
    (a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (b) All dependent Indian communities within the border of the United 
States whether within the original or subsequently acquired territory 
thereof, and whether within or without the limits of a State; and
    (c) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    Indian tribe means those tribes federally recognized by the 
Secretary of the Interior.
    Inventory form means the Tier I and Tier II emergency and hazardous 
chemical inventory forms set forth in subpart D of this part.
    Material Safety Data Sheet or MSDS means the sheet required to be 
developed under Sec. 1910.1200(g) of Title 29 of the Code of Federal 
Regulations.
    Person means any individual, trust, firm, joint stock company, 
corporation (including a government corporation), partnership, 
association, State, municipality, commission, political subdivision of 
State, or interstate body.

[[Page 444]]

    Present in the same form and concentration as a product packaged for 
distribution and use by the general public means a substance packaged in 
a similar manner and present in the same concentration as the substance 
when packaged for use by the general public, whether or not it is 
intended for distribution to the general public or used for the same 
purpose as when it is packaged for use by the general public.
    State means any State of United States, the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, the United States 
Virgin Islands, the Northern Mariana Islands, and any other territory or 
possession over which the United States has jurisdiction and Indian 
Country.
    TPQ means the threshold planning quantity for an extremely hazardous 
substance as defined in 40 CFR part 355.

[52 FR 38364, Oct. 15, 1987, as amended at 55 FR 30645, July 26, 1990]



Sec. 370.5  Penalties.

    (a) MSDA reporting. Any person other than a governmental entity who 
violates any requirement of Sec. 370.21 shall be liable for civil and 
administrative penalties of not more than $10,000 for each violation.
    (b) Inventory reporting. Any person other than a governmental entity 
who violates any requirement of Sec. 370.25 shall be liable for civil 
and administrative penalties of not more than $25,000 for each 
violation.
    (c) Continuing violations. Each day a violation described in 
paragraph (a) or (b) of this section continues shall constitute a 
separate violation.



                    Subpart B_Reporting Requirements



Sec. 370.20  Applicability.

    (a) General. The requirements of this subpart apply to any facility 
that is required to prepare or have available a material safety data 
sheet (MSDS) for a hazardous chemical under the Occupational Safety and 
Health Act of 1970 and regulations promulgated under that Act.
    (b) Minimum threshold levels. Except as provided in paragraph (b)(5) 
of this section, the minimum threshold level for reporting under this 
subpart shall be as specified in paragraphs (b)(1), (b)(2), (b)(3) and 
(b)(4) of this section:
    (1) The minimum threshold for reporting for extremely hazardous 
substances is 500 pounds (or 227 kgs--approximately 55 gallons) or the 
TPQ, whichever is lower.
    (2) The minimum threshold for reporting for gasoline (all grades 
combined) that was in tank(s) entirely underground, at a retail gas 
station that was in compliance at all times during the preceding 
calendar year with all applicable Underground Storage Tank (UST) 
requirements (40 CFR part 280 or requirements of the state UST program 
approved by the Agency under 40 CFR part 281), is 75,000 gallons (or 
approximately 283,900 liters). For purposes of this part, retail gas 
station means a retail facility engaged in selling gasoline and/or 
diesel fuel principally to the public, for motor vehicle use on land.
    (3) The minimum threshold for reporting for diesel fuel (all grades 
combined) that was in tank(s) entirely underground, at a retail gas 
station that was in compliance at all times during the preceding 
calendar year with all applicable UST requirements (40 CFR part 280 or 
requirements of the state UST program approved by the Agency under 40 
CFR part 281), is 100,000 gallons (or approximately 378,500 liters).
    (4) The minimum threshold for reporting for all other hazardous 
chemicals is 10,000 pounds (or 4,540 kgs.)
    (5) The minimum threshold for reporting in response to requests for 
submission of an MSDS or a Tier II form under Sec. Sec. 370.21(d) and 
370.25(c) of this part shall be zero.
    (c) MSDS reporting. The owner or operator of a facility subject to 
this subpart shall submit an MSDS on or before October 17, 1990 (or 
within three months after the facility first becomes subject to this 
subpart), for all hazardous chemicals present at the facility at any one 
time in amounts equal to or greater than their thresholds.
    (d) Inventory reporting. The owner or operator of a facility subject 
to this subpart shall submit the Tier I form (or Tier II form) on or 
before March 1, 1991 (or March 1 of the first year after the facility 
first becomes subject to this subpart), and annually thereafter,

[[Page 445]]

covering all hazardous chemicals present at a facility at any one time 
during the preceding calendar year in amounts equal to or greater than 
their thresholds.

[64 FR 7047, Feb. 11, 1999]



Sec. 370.21  MSDS reporting.

    (a) Basic requirement. The owner or operator of a facility subject 
to this subpart shall submit an MSDS for each hazardous chemical present 
at the facility according to the minimum threshold schedule provided in 
paragraph (b) of Sec. 370.20 to the committee, the commission, and the 
fire department with jurisdiction over the facility.
    (b) Alternative reporting. In lieu of the submission of an MSDS for 
each hazardous chemical under paragraph (a) of this section, the owner 
or operator may submit the following:
    (1) A list of the hazardous chemicals for which the MSDS is 
required, grouped by hazard category as defined under Sec. 370.2 of 
this part;
    (2) The chemical or common name of each hazardous chemical as 
provided on the MSDS; and
    (3) Except for reporting of mixtures under Sec. 370.28(a)(2), any 
hazardous component of each hazardous chemical as provided on the MSDS.
    (c) Supplemental reporting. (1) The owner or operator of a facility 
that has submitted an MSDS under this section shall provide a revised 
MSDS to the committee, the commission, and the fire department with 
jurisdiction over the facility within three months after discovery of 
significant new information concerning the hazardous chemical for which 
the MSDS was submitted.
    (2) After October 17, 1987, the owner or operator of a facility 
subject to this section shall submit an MSDS for a hazardous chemical 
pursuant to paragraph (a) of this section or a list pursuant to 
paragraph (b) of this section within three months after the owner or 
operator is first required to prepare or have available the MSDS or 
after a hazardous chemical requiring an MSDS becomes present in an 
amount exceeding the threshold established in Sec. 370.20(b).
    (d) Submission of MSDS upon request. The owner or operator of a 
facility that has not submitted the MSDS for a hazardous chemical 
present at the facility shall submit the MSDS for any such hazardous 
chemical to the committee upon its request. The MSDS shall be submitted 
within 30 days of the receipt of such request.



Sec. 370.25  Inventory reporting.

    (a) Basic requirement. The owner or operator of a facility subject 
to this subpart shall submit an inventory form to the commission, the 
committee, and the fire department with jurisdiction over the facility. 
The inventory form containing Tier I information on hazardous chemicals 
present at the facility during the preceding calendar year above the 
threshold levels established in Sec. 370.20(b) shall be submitted on or 
before March 1 of each year, beginning in 1988.
    (b) Alternative reporting. With respect to any specific hazardous 
chemical at the facility, the owner or operator may submit a Tier II 
form in lieu of the Tier I information.
    (c) Submission of Tier II information. The owner or operator of a 
facility subject to this section shall submit the Tier II form to the 
commission, committee, or the fire department having jurisdiction over 
the facility upon request of such persons. The Tier II form shall be 
submitted within 30 days of the receipt of each request.
    (d) Fire department inspection. The owner or operator of a facility 
that has submitted an inventory form under this section shall allow on-
site inspection by the fire department having jurisdiction over the 
facility upon request of the department, and shall provide to the 
department specific location information on hazardous chemicals at the 
facility.



Sec. 370.28  Mixtures.

    (a) Basic reporting. The owner or operator of a facility may meet 
the reporting requirements of Sec. Sec. 370.21 (MSDS reporting) and 
370.25 (inventory form reporting) of this subpart for a hazardous 
chemical that is a mixture of hazardous chemicals by:

[[Page 446]]

    (1) Providing the required information on each component in the 
mixture which is a hazardous chemical; or
    (2) Providing the required information on the mixture itself, so 
long as the reporting of mixtures by a facility under Sec. 370.25 is in 
the same manner as under Sec. 370.21, where practicable.
    (b) Calculation of the quantity. (1) If the reporting is on each 
component of the mixture which is a hazardous chemical, then the 
concentration of the hazardous chemical, in weight percent (greater than 
1% or 0.1% if carcinogenic) shall be multiplied by the mass (in pounds) 
of the mixture to determine the quantity of the hazardous chemical in 
the mixture.
    (2) If the reporting is on the mixture itself, the total quantity of 
the mixture shall be reported.
    (c) Aggregation of extremely hazardous substances. (1) To determine 
whether the reporting threshold for an extremely hazardous substance has 
been equaled or exceeded, the owner or operator of a facility shall 
aggregate the following:
    (i) The quantity of the extremely hazardous substance present as a 
component in all mixtures at the facility, and
    (ii) All other quantities of the extremely hazardous substance 
present at the facility.

If the aggregate quantity of an extremely hazardous substance equals or 
exceeds the reporting threshold, the substance shall be reported.
    (2) If extremely hazardous substances are being reported and are 
components of a mixture at a facility, the owner or operator of a 
facility may report either:
    (i) The mixture, as a whole, even if the total quantity of the 
mixture is below its reporting threshold; or
    (ii) The extremely hazardous substance component(s) of the mixture.

[55 FR 30646, July 26, 1990]



         Subpart C_Public Access and Availability of Information



Sec. 370.30  Requests for information.

    (a) Request for MSDS information. (1) Any person may obtain an MSDS 
with respect to a specific facility by submitting a written request to 
the committee.
    (2) If the committee does not have in its possession the MSDS 
requested in paragraph (a)(1) of this section, it shall request a 
submission of the MSDS from the owner or operator of the facility that 
is the subject of the request.
    (b) Requests for Tier II information. (1) Any person may request 
Tier II information with respect to a specific facility by submitting a 
written request to the commission or committee in accordance with the 
requirements of this section.
    (2) If the committee or commission does not have in its possession 
the Tier II information requested in paragraph (b)(1) of this section, 
it shall request a submission of the Tier II form from the owner or 
operator of the facility that is the subject of the request, provided 
that the request is from a State or local official acting in his or her 
official capacity or the request is limited to hazardous chemicals 
stored at the facility in an amount in excess of 10,000 pounds.
    (3) If the request under paragraph (b)(1) of this section does not 
meet the requirements of paragraph (b)(2) of this section, the committee 
or commission may request submission of the Tier II form from the owner 
or operator of the facility that is the subject of the request if the 
request under paragraph (b)(1) of this section includes a general 
statement of need.



Sec. 370.31  Provision of information.

    All information obtained from an owner or operator in response to a 
request under this subpart and any requested Tier II form or MSDS 
otherwise in possession of the commission or the committee shall be made 
available to the person submitting the request under this subpart; 
provided upon request of the owner or operator, the commission or 
committee shall withhold from disclosure the location of any specific 
chemical identified in the Tier II form.

[[Page 447]]



                        Subpart D_Inventory Forms



Sec. 370.40  Tier I emergency and hazardous chemical inventory form.

    (a) The form set out in paragraph (b) of this section shall be 
completed and submitted as required in Sec. 370.25(a) of this part. In 
lieu of the form set out in paragraph (b) of this section, the facility 
owner or operator may submit a State or local form that contains 
identical content.
    (b) Tier I Emergency and Hazardous Chemical Inventory Form.

[[Page 448]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.036


[[Page 449]]



                          Tier One Instructions

                           General Information

    Submission of this form is required by Title III of the Superfund 
Amendments and Reauthorization Act of 1986, Title III, Section 312, 
Public Law 99-499, codified at 42 U.S.C. Sec. 11022.

                              Certification

    The owner or operator or the officially designated representative of 
the owner or operator must certify that all information included in the 
Tier I submission is true, accurate, and complete. On the Tier I form, 
enter your full name and official title. Sign your name and enter the 
current date. Also, enter the total number of pages in the submission, 
including all attachments.
    The purpose of this form is to provide State and local officials and 
the public with information on the general types and locations of 
hazardous chemicals present at your facility during the past year.

        You must provide all information requested on this form.

    You may substitute the Tier Two form for this Tier One form. (The 
Tier Two form provides detailed information and must be submitted in 
response to a specific request from State or local officials.)

                        Who Must Submit This Form

    Section 312 of Title III requires that the owner or operator of a 
facility submit this form if, under regulations implementing the 
Occupational Safety and Health Act of 1970, the owner or operator is 
required to prepare or have available Material Safety Data Sheets (MSDS) 
for hazardous chemicals present at the facility. MSDS requirements are 
specified in the Occupational Safety and Health Administration (OSHA) 
Hazard Communication Standard, found in Title 29 of the Code of Federal 
Regulations at Sec. 1910.1200.
    This form does not have to be submitted if all of the chemicals 
located at your facility are excluded under Section 311(e) of Title III 
or if the weight of each covered hazardous chemical never equals or 
exceeds the minimum threshold listed in Title III Section 312 during the 
reporting year.

                       What Chemicals Are Included

    You must report the information required on this form for every 
hazardous chemical for which you are required to prepare or have 
available an MSDS under the Hazard Communication Standard, unless the 
chemicals are excluded under Section 311(e) of Title III or they are 
below the minimum reporting thresholds.

                       What Chemicals Are Excluded

    Section 311(e) of Title III excludes the following substances:
    (i) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration;
    (ii) Any substance present as a solid in any manufactured item to 
the extent exposure to the substance does not occur under normal 
conditions of use;
    (iii) Any substance to the exent it is used for personal, family, or 
household purposes, or is present in the same form and concentration as 
a product packaged for distribution and use by the general public.
    (iv) Any substance to the extent it is used in a research laboratory 
or a hospital or other medical facility under the direct supervision of 
a technically qualified individual;
    (v) Any substance to the extent it is used in routine agricultural 
operations or is a fertilizer held for sale by a retailer to the 
ultimate customer.
    OSHA regulations, Sec. 1910.1200(b), stipulate exemptions from the 
requirement to prepare or have available an MSDS.

                          Reporting Thresholds

    Minimum thresholds have been established for Tier One/Tier Two 
reporting under Title III, Section 312. These thresholds are as follows:
    For Extremely Hazardous Substances (EHSs) designated under section 
302 of Title III, the reporting threshold is 500 pounds (or 227 kg.) or 
the threshold planning quantity (TPQ), whichever is lower:
    For all other hazardous chemicals for which facilities are required 
to have or

[[Page 450]]

prepare an MSDS, the minimum reporting threshold is 10,000 pounds (or 
4,540 kg.).
    You need to report hazardous chemicals that were present at your 
facility at any time during the previous calendar year at levels that 
equal or exceed these thresholds. For instructions on threshold 
determinations for components of mixtures, see ``What About Mixtures?'' 
on page 3 of these instructions.

                        When To Submit This Form

    Owners or operators of facilities that have hazardous chemicals on 
hand in quantities equal to or greater than set threshold levels must 
submit either Tier One or Tier Two Forms by March 1.

                        Where To Submit This Form

    Send one completed inventory form to each of the following 
organizations:
    1. Your State emergency response commission.
    2. Your local emergency planning committee.
    3. The fire department with jurisdiction over your facility.

                                Penalties

    Any owner or operator of a facility who fails to submit or supplies 
false Tier One information shall be liable to the United States for a 
civil penalty of up to $25,000 for each such violation. Each day a 
violation continues shall constitute a separate violation. In addition, 
any citizen may commence a civil action on his or her own behalf against 
any owner or operator who fails to submit Tier One information.

                              Instructions

  Please Read These Instructions Carefully. Print or Type All Responses

    You may use the Tier Two form as a worksheet for completing Tier 
One. Filling in the Tier Two chemical information section should help 
you assemble your Tier One responses.
    If your responses require more than one page, fill in the page 
number at the top of the form.

                            Reporting Period

    Enter the appropriate calendar year, beginning January 1 and ending 
December 31.

                         Facility Identification

    Enter the complete name of your facility (and company identifier 
where appropriate).
    Enter the full street address or state road. If a street address is 
not available, enter other appropriate identifiers that described the 
physical location of your facility (e.g., longitude and latitude). 
Include city, county, state, and zip code.
    Enter the primary Standard Industrial Classification (SIC) code and 
the Dun & Bradstreet number of your facility. The financial officer of 
your facility should be able to provide the Dun & Bradstreet number. If 
your firm does not have this information, contact the State or regional 
office of Dun & Bradstreet to obtain your facility number or have one 
assigned.

                             Owner/Operator

    Enter the owner's or operator's full name, mailing address, and 
phone number.

                            Emergency Contact

    Enter the name, title, and work phone number of at least one local 
person or office that can act as a referral if emergency responders need 
assistance in responding to a chemical accident at the facility.
    Provide an emergency phone number where such emergency information 
will be available 24 hours a day, every day. This requirement is 
mandatory. The facility must make some arrangement to ensure that a 24 
hour contact is available.

                          Identical Information

    Check the box indicating identical information, located below the 
emergency contacts on the Tier One form, if the current information 
being reported is identical to that submitted last year. Chemical 
descriptions, amounts, and locations must be provided in this year's 
form, even if the information is identical to that submitted last year.

[[Page 451]]

                       Physical and Health Hazards

    Descriptions, Amounts, and Locations This section requires aggregate 
information on chemicals by hazard categories as defined in 40 CFR 
370.2. The two health hazard categories and three physical hazard 
categories are a consolidation of the 23 hazard categories defined in 
the OSHA Hazard Communication Standard, 29 CFR 1910.1200. For each 
hazard type, indicate the total amounts and general locations of all 
applicable chemicals present at your facility during the past year.

   Hazard Category Comparison For Reporting Under Sections 311 and 312
------------------------------------------------------------------------
          EPA's hazard categories             OSHA's hazard categories
------------------------------------------------------------------------
Fire Hazard...............................  Flammable
                                            Combustion Liquid
                                            Pyrophoric
                                            Oxidizer
Sudden Release of Pressure................  Explosive
                                            Compressed Gas
Reactive..................................  Unstable Reactive
                                            Organic Peroxide
                                            Water Reactive
Immediate (Acute) Health Hazards..........  Highly Toxic
                                            Toxic
                                            Irritant
                                            Sensitizer
                                            Corrosive
                                            Other hazardous chemicals
                                             with an adverse effect with
                                             short term exposure.
Delayed (Chronic) Health Hazard...........  Carcinogens
                                            Other hazardous chemicals
                                             with an adverse effect with
                                             long term exposure.
------------------------------------------------------------------------

     What units should I use?
    Calculate all amounts as weight in pounds. To convert gas or liquid 
volume to weight in pounds, multiply by an appropriate density factor.

                              Instructions

  Please Read These Instructions Carefully. Print or Type All Responses

    What about mixtures?
    If a chemical is part of a mixture, you have the option of reporting 
either the weight of the entire mixture or only the portion of the 
mixture that is a particular hazardous chemical (e.g., if a hazardous 
solution weighs 100 lbs. but is composed of only 5% of a particular 
hazardous chemical, you can indicate either 100 lbs. of the mixture of 5 
lbs. of the hazardous chemical).
    The option used for each mixture must be consistent with the option 
used in your Section 311 reporting.
    Because EHSs are important to Section 303 planning, EHSs have lower 
thresholds. The amount of an EHS at a facility (both pure EHS substances 
and EHSs in mixtures) must be aggregated for purposes of threshold 
determination. It is suggested that the aggregation calculation be done 
as a first step in making the threshold determination. Once you 
determine whether a threshold has been reached for an EHS, you should 
report either the total weight of the EHS at your facility, or the 
weight of each mixture containing the EHs.
    Where do I count a chemical that is a fire and 
reactive physical hazard and an immediate (acute) health hazard?
    Add the chemical's weight to your totals for all three hazard 
categories and include its location in all three categories. Many 
chemicals fall into more than one hazard category.

                             Maximum Amount

    The amounts of chemicals you have on hand may vary throughout the 
year. The peak weights--greatest single-day weights during the year--are 
added together in this column to determine the maximum weight for each 
hazard type. Since the peaks for different chemicals often occur on 
different days, this maximum amount will seem artificially high.
    To complete this and the following sections, you may choose to use 
the Tier Two form as a worksheet.
    To determine the Maximum Amount:
    1. List all of your reportable hazardous chemicals individually.
    2. For each chemical . . .
    a. Indicate all physical and health hazards that the chemical 
presents. Include all chemicals, even if they are present for only a 
short period of time during the year.
    b. Estimate the maximum weight in pounds that was present at your 
facility on any single day of the reporting period.
    3. For each hazard type--beginning with Fire and repeating for all 
physical and health hazard types . . .

[[Page 452]]

    a. Add the maximum weights of all chemicals you indicated as the 
particular hazard type.
    b. Look at the Reporting Ranges at the bottom of the Tier One form. 
Find the appropriate range value code.
    c. Enter this range value as the Maximum Amount.
    Example: You are using the Tier Two form as a worksheet and have 
listed raw weights in pounds for each of your hazardous chemicals. You 
have marked an X in the immediate (acute) hazard column for phenol and 
sulfuric acid. The maximum amount raw weight you listed were 10,000 lbs. 
and 500 lbs. respectively. You add these together to reach a total of 
10,500 lbs. Then you look at the Reporting Range at the bottom of your 
Tier One form and find that the value of 04 corresponds to 10,500 lbs. 
Enter 04 as your Maximum Amount for Immediate (acure) hazards materials.
    You also marked an X in the Fire hazard box for phenol. When you 
calculate your Maximum Amount totals for fire hazards, add the 10,000 
lb. weight again.

                          Average Daily Amount

    This column should represent the average daily amount of chemicals 
of each hazard type that were present at or above applicable thresholds 
at your facility at any point during the year.
    To determine this amount:
    1. List all of your reportable hazardous chemicals individually 
(same as for Maximum Amount).
    2. For each chemical . . .
    a. Indicate all physical and health hazards that the chemical 
presents (same as for Maximum Amount).
    b. Estimate the average weight in pounds that was present at your 
facility throughout the year. To do this, total all daily weights and 
divide by the number of days the chemical was present on the site.
    3. For each hazard type--beginning with Fire and repeating for all 
physical and health hazards . . .
    a. Add the average weights of all chemicals you indicated for the 
particular hazard type.
    b. Look at the Reporting Ranges at the bottom of the Tier One form. 
Find the appropriate range value code.
    c. Enter this range value as the Average Daily Amount.

                              Instructions

  Please Read These Instructions Carefully. Print or Type All Responses

    Example: You are using the Tier Two form, and have marked an X in 
the immediate (acute) hazard column for nicotine and phenol. Nicotine is 
present at your facility 100 days during the year, and the sum of the 
daily weights is 100,000 lbs. By dividing 100,000 lbs. by 100 days on-
site, you calculate an Average Daily Amount of 1,000 lbs. for nicotine. 
Phenol is present at your facility 50 days during the year, and the sum 
of the daily weights is 10,000 lbs. By dividing 10,000 lbs. by 50 days 
on-site, you calculate an Average Daily Amount of 200 lbs. for phenol. 
You then add the two average daily amounts together to reach a total of 
1,200 lbs. Then you look at the Reporting Range on your Tier One form 
and find that the value 03 corresponds to 1,200 lbs. Enter 03 as your 
Average Daily Amount for Immediate (acute) Hazard.
    You also marked an X in the Fire hazard column for phenol. When you 
calculate your Average Daily Amount for fire hazards, use the 200 lb. 
weight again.

                         Number of Days On-Site

    Enter the greatest number of days that a single chemical within that 
hazard category was present on-site.
    Example: At your facility, nicotine is present for 100 days and 
phosgene is present for 150 days. Enter 150 in the space provided.

                            General Location

    Enter the general location within your facility where each hazard 
may be found. General locations should include the names or 
identifications of buildings, tank fields, lots, sheds, or other such 
areas.
    For each hazard type, list the locations of all applicable 
chemicals. As an alternative you may also attach a site plan and list 
the site coordinates related to the appropriate locations. If you do so, 
check the Site Plan box.

[[Page 453]]

    Example: On your worksheet you have marked an X in the Fire hazard 
column for acetone and butane. You noted that these are kept in steel 
drums in Room C of the Main Building, and in pressurized cylinders in 
Storage Shed 13, respectively. You could enter Main Building and Storage 
Shed 13 as the General Locations of your fire hazards. However, you 
choose to attach a site plan and list coordinates. Check the Site Plan 
box at the top of the column and enter site coordinates for the Main 
Building and Storage Shed 13 under General Locations.
    If you need more space to list locations, attach an additional Tier 
One form and continue your list on the proper line. Number all pages.

                              Certification

    Instructions for this section are included on page one of these 
instructions.

[55 FR 30646, July 26, 1990]



Sec. 370.41  Tier II emergency and hazardous chemical inventory form.

    (a) The form set out in paragraph (b) of this section shall be 
completed and submitted as required in Sec. 370.25 of this part. In 
lieu of the form set out in paragraph (b) of this section, the facility 
owner or operator may submit a State or local form that contains 
identical content.
    (b) Tier II Emergency and Hazardous Chemical Inventory Form.

[[Page 454]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.037


[[Page 455]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.038

                          Tier Two Instructions

                           General Information

    Submission of this Tier Two form (when requested) is required by 
Title III of the Superfund Amendments and Reauthorization Act of 1986, 
Section 312, Public Law 99-499, codified at 42 U.S.C. Section 11022. The 
purpose of this Tier Two form is to provide State and local officials 
and the public with specific information on hazardous chemicals present 
at your facility during the past year.

[[Page 456]]

                              Certification

    The owner or operator or the officially designated representative of 
the owner or operator must certify that all information included in the 
Tier Two submission is true, accurate, and complete. On the first page 
of the Tier Two report, enter your full name and official title. Sign 
your name and enter the current date. Also, enter the total number of 
pages included in the Confidential and Non-Confidential Information 
Sheets as well as all attachments. An original signature is required on 
at least the first page of the submission. Submissions to the SERC, 
LEPC, and fire department must each contain an original signature on at 
least the first page. Subsequent pages must contain either an original 
signature, a photocopy of the original signature, or a signature stamp. 
Each page must contain the date on which the original signature was 
affixed to the first page of the submission and the total number of 
pages in the submission.

You Must Provide All Information Requested on This Form To Fulfill Tier 
                       Two Reporting Requirements

    This form may also be used as a worksheet for completing the Tier 
One form or may be submitted in place of the Tier One form.

                        Who Must Submit This Form

    Section 312 of Title III requires that the owner or operator of a 
facility submit this Tier Two form if so requested by a State emergency 
response commission, a local emergency planning committee, or a fire 
department with jurisdiction over the facility.
    This request may apply to the owner or operator of any facility that 
is required, under regulations implementing the Occupational Safety and 
Health Act of 1970, to prepare or have available a Material Safety Data 
Sheet (MSDS) for a hazardous chemical present at the facility. MSDS 
requirements are specified in the Occupational Safety and Health 
Administration (OSHA) Hazard Communication Standard, found in Title 29 
of the Code of Federal Regulations at Sec. 1910.1200.
    This form does not have to be submitted if all of the chemicals 
located at your facility are excluded under Section 311(e) of Title III.

                       What Chemicals are Included

    If you are submitting Tier Two forms in lieu of Tier One, you must 
report the required information on this Tier Two form for each hazardous 
chemical present at your facility in quantities equal to or greater than 
established threshold amounts (discussed below), unless the chemicals 
are excluded under Section 311(e) of Title III. Hazardous chemicals are 
any substance for which your facility must maintain an MSDS under OSHA's 
Hazard Communication Standard.
    If you elect to submit Tier One rather than Tier Two, you may still 
be required to submit Tier Two information upon request.

                       What Chemicals are Excluded

    Section 311(e) of Title III excludes the following substances:
    (i) Any food, food additive, color additive, drug, or cosmetic 
regulated by the Food and Drug Administration;
    (ii) Any substance present as a solid in any manufactured item to 
the extent exposure to the substance does not occur under normal 
conditions of use;
    (iii) Any substance to the extent it is used for personal, family, 
or household purposes, or is present in the same form and concentration 
as a product packaged for distribution and use by the general public;
    (iv) Any substance to the extent it is used in a research laboratory 
or a hospital or other medical facility under the direct supervision of 
a technically qualified individual;
    (v) Any substance to the extent it is used in routine agricultural 
operations or is a fertilizer held for sale by a retailer to the 
ultimate customer.
    OSHA regulations, Sec. 1910.1200(b), stipulate exemptions from the 
requirement to prepare or have available an MSDS.

                          Reporting Thresholds

    Minimum thresholds have been established for Tier One/Tier Two 
reporting under Title III, Section 312. These thresholds are as follows:

[[Page 457]]

    For Extremely Hazardous Substances (EHSs) designated under section 
302 of Title III, the reporting threshold is 500 pounds (or 227 kg.) or 
the threshold planning quantity (TPQ), whichever is lower;
    For all other hazardous chemicals for which facilities are required 
to have or prepare an MSDS, the minimum reporting threshold is 10,000 
pounds (or 4,540 kg.).
    You need to report hazardous chemicals that were present at your 
facility at any time during the previous calendar year at levels that 
equal or exceed these thresholds. For instructions on threshold 
determinations for components of mixtures, see ``What About Mixtures?'' 
on page 2 of these instructions.
    A requesting official may limit the responses required under Tier 
Two by specifying particular chemicals or groups of chemicals. Such 
requests apply to hazardous chemicals regardless of established 
thresholds.

                              Instructions

  Please read these instructions carefully. Print or Type all Responses

                        When to Submit This Form

    Owners or operators of facilities that have hazardous chemicals on 
hand in quantities equal to or greater than set threshold levels must 
submit either Tier One or Tier Two forms by March 1.
    If you choose to submit Tier One, rather than Tier Two, be aware 
that you may have to submit Tier Two information later, upon request of 
an authorized official. You must submit the Tier Two form within 30 days 
of receipt of a written request.

                        Where To Submit This Form

    Send either a completed Tier One form or Tier Two form(s) to each of 
the following organizations:
    1. Your State Emergency Response Commission.
    2. Your Local Emergency Planning Committee.
    3. The fire department with jurisdiction over your facility.
    If a Tier Two form is submitted in response to a request, send the 
completed form to the requesting agency.

                                Penalties

    Any owner or operator who violates any Tier Two reporting 
requirements shall be liable to the United States for a civil penalty of 
up to $25,000 for each such violation. Each day a violation continues 
shall constitute a separate violation.
    If your Tier Two responses require more than one page use additional 
forms and fill in the page number at the top of the form.

                            Reporting Period

    Enter the appropriate calendar year, beginning January 1 and ending 
December 31.

                         Facility Identification

    Enter the full name of your facility (and company identifier where 
appropriate).
    Enter the full street address or state road. If a street address is 
not available, enter other appropriate identifiers that describe the 
physical location of your facility (e.g., longitude and latitude). 
Include city, county, state, and zip code.
    Enter the primary Standard Industrial Classification (SIC) code and 
the Dun & Bradstreet number for your facility. The financial officer of 
your facility should be able to provide the Dun & Bradstreet number. If 
your firm does not have this information, contact the State or regional 
office of Dun & Bradstreet to obtain your facility number or have one 
assigned.

                             Owner/Operator

    Enter the owner's or operator's full name, mailing address, and 
phone number.

                            Emergency Contact

    Enter the name, title, and work phone number at least one local 
person or office who can act as a referral if emergency responders need 
assistance in responding to a chemical accident at the facility.
    Provide an emergency phone number where such emergency information 
will be available 24 hours a day, every day.

[[Page 458]]

The requirement is mandatory. The facility must make some arrangement to 
ensure a 24 hour contact is available.

                          Identical Information

    Check the box indicating indentical information, located below the 
emergency contacts on the Tier Two form, if the current chemical 
information being reported is identical to that submitted last year. 
Chemical descriptions, hazards, amounts, and locations must be provided 
in this year's form, even if the information is identical to that 
submitted last year.

   Chemical Information: Description, Hazards, Amounts, and Locations

    The main section of the Tier Two form requires specific information 
on amounts and locations of hazardous chemicals, as defined in the OSHA 
Hazard Communication Standard.
    If you choose to indicate that all of the information on a specific 
hazardous chemical is identical to that submitted last year, check the 
appropriate optional box provided at the right side of the storage codes 
and locations on the Tier Two form. Chemical descriptions, hazards, 
amounts, and locations must be provided even if the information is 
identical to that submitted last year.
     What units should I use?
    Calculate all amounts as weight in pounds. To convert gas or liquid 
volume to weight in pounds, multiply by an appropriate density factor.
     What about mixtures?
    If a chemical is part of a mixture, you have the option of reporting 
either the weight of the entire mixture or only the portion of the 
mixuture that is a particular hazardous chemical (e.g., if a hazardous 
solution weights 100 lbs. but is composed of only 5% of a particular 
hazardous chemical, you can indicate either 100 lbs. of the mixture or 5 
lbs. of the chemical).
    The option used for each mixture must be consistent with the option 
used in your Section 311 reporting.
    Because EHSs are important to Section 303 planning, EHSs have lower 
thresholds. The amount of an EHS at a facility (both pure EHS substances 
and EHSs in mixtures) must be aggregated and purposes of threshold 
determination. It is suggested that the aggregation calculation be done 
as a first step in making the threshold determination. Once you 
determine whether a threshold for an EHS has been reached, you should 
report either the total weight of the EHS at your facility, or the 
weight of each mixture containing the EHS.

                          Chemical Description

    1. Enter the Chemical Abstract Service registry number (CAS). For 
mixtures, enter the CAS number of the mixture as a whole if it has been 
assigned a number distinct from its constituents. For a mixture that has 
no CAS number, leave this item blank or report the CAS numbers of as 
many constituent chemicals as possible.
    If you are withholding the name of a chemical in accordance with 
criteria specified in Title III, Section 322, enter the generic class or 
category that is structurally descriptive of the chemical (e.g., list 
toulene diisocyanate as organic isocyanate) and check the box marked 
Trade Secret. Trade secret information should be submitted to EPA and 
must include a substantiation. Please refer to EPA's final regulation on 
trade secrecy (53 FR 28772, July 29, 1988) for detailed information on 
how to submit trade secrecy claims.
    2. Enter the chemical name or common name of each hazardous 
chemical.
    3. Check box for ALL applicable descriptors: pure or mixture; and 
solid, liquid, or gas; and whether the chemical is or contains an EHS.
    4. If the chemical is a mixture containing an EHS, enter the 
chemical name of each EHS in the mixture.
    Example: You have pure chlorine as on hand, as well as two mixtures 
that contain liquid chlorine. You write ``chlorine'' and enter the CAS 
number. Then you check ``pure'' and ``mix''--as well as ``liquid'' and 
``gas''.

                       Physical and Health Hazards

    For each chemical you have listed, check all the physical and health 
hazard boxes that apply. These hazard categories are defined in 40 CFR 
370.2. The two health hazard categories and three physical hazard 
categories are a consolidation of the 23 hazard categories defined in 
the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

[[Page 459]]



  Hazard Category Compensation For Reporting Under Sections 311 and 312
------------------------------------------------------------------------
          EPA's hazard categories             OSHA's hazard categories
------------------------------------------------------------------------
Fire Hazard...............................  Flammable
                                            Combustion Liquid
                                            Pyrophoric
                                            Oxidizer
Sudden Release of Pressure................  Explosive
                                            Compressed Gas
Reactive..................................  Unstable Reactive
                                            Organic Peroxide
                                            Water Reactive
Immediate (Acute) Health Hazards..........  Highly Toxic
                                            Toxic
                                            Irritant
                                            Sensitizer
                                            Corrosive
                                            Other hazardous chemicals
                                             with an adverse effect with
                                             short term exposure
Delayed (Chronic) Health Hazard...........  Carcinogens
                                            Other hazardous chemicals
                                             with an adverse effect with
                                             long term exposure
------------------------------------------------------------------------

    Maximum Amount
    1. For each hazardous chemical, estimate the greatest amount present 
at your facility on any single day during the reporting period.
    2. Find the appropriate range value code in table I.
    3. Enter this range value as the Maximum Amount.

                        Table I--Reporting Ranges
------------------------------------------------------------------------
                                        Weight range in pounds
         Range value         -------------------------------------------
                                     From                   To
------------------------------------------------------------------------
01..........................                  0                       99
02..........................                100                      999
03..........................              1,000                    9,999
04..........................             10,000                   99,999
05..........................            100,000                  999,999
06..........................          1,000,000                9,999,999
07..........................         10,000,000               49,999,999
08..........................         50,000,000               99,999,999
09..........................        100,000,000              499,999,999
10..........................        500,000,000              999,999,999
11..........................          1 billion    higher than 1 billion
------------------------------------------------------------------------

    If you are using this form as a worksheet for completing Tier One, 
enter the actual weight in pounds in the shaded space below the response 
blocks. Do this for both Maximum Amount and Average Daily Amount.
    Example: You received one large shipment of a solvent mixture last 
year. The shipment filled five 5,000-gallon storage tanks. You know that 
the solvent contains 10% benzene, which is a hazardous chemical.
    You figure that 10% of 25,000 gallons is 2,500 gallons. You also 
know that the density of benzene is 7.29 pounds per gallon, so you 
multiply 2,500 gallons by 7.29 pounds per gallon to get a weight of 
18,225 pounds.
    Then you look at table I and find that the range value 04 
corresponds to 18,225. You enter 04 as the Maximum Amount.
    (If you are using the form as a worksheet for completing a Tier One 
form, you should write 18,255 in the shaded area.)

                          Average Daily Amount

    1. For each hazardous chemical, estimate the average weight in 
pounds that was present at your facility during the year.
    To do this, total all daily weights and divide by the number of days 
the chemical was present on the site.
    2. Find the appropriate range value in table I.
    3. Enter this range value as the Average Daily Amount.
    Example: The 25,000-gallon shipment of solvent you received last 
year was gradually used up and completely gone in 315 days. The sum of 
the daily volume levels in the tank is 4,536,000 gallons. By dividing 
4,536,000 gallons by 315 days on-site, you calculate an average daily 
amount of 14,400 gallons.
    You already know that the solvent contains 10% benzene, which is a 
hazardous chemical. Since 10% of 14,400 is 1,440, you figure that you 
had an average of 1,440 gallons of benzene. You also know that the 
density of benzene is 7.29 pounds per gallon, so you multiply 1,440 by 
7.29 to get a weight of 10,500 pounds.
    Then you look at table I and find that the range value 04 
corresponds to 10,500. You enter 04 as the Average Daily Amount.
    (If you are using the form as a worksheet for completing a Tier One 
form, you should write 10,500 in the shaded area.)

                         Number of Days On-Site

    Enter the number of days that the hazardous chemical was found on-
site.
    Example: The solvent composed of 10% benzene was present for 315 
days at your facility. Enter 315 in the space provided.

[[Page 460]]

                   Storage Codes and Storage Locations

    List all non-confidential chemical locations in this column, along 
with storage types/conditions associated with each location. Please note 
that a particular chemical may be located in several places around the 
facility. Each row of boxes followed by a line represents a unique 
location for the same chemical.
    Storage Codes: Indicate the types and conditions of storage present.
    a. Look at table II. For each location, find the appropriate storage 
type and enter the corresponding code in the first box.
    b. Look at table III. For each location, find the appropriate 
storage types for pressure and temperature conditions. Enter the 
applicable pressure code in the second box. Enter the applicable 
temperature code in the third box.

                         Table II--Storage Types
------------------------------------------------------------------------
  Codes                          Types of storage
------------------------------------------------------------------------
       A  Above ground tank
       B  Below ground tank
       C  Tank inside building
       D  Steel drum
       E  Plastic or non-metallic drum
       F  Can
       G  Carboy
       H  Silo
       I  Fiber drum
       J  Bag
       K  Box
       L  Cylinder
       M  Glass bottles or jugs
       N  Plastic bottles or jugs
       O  Tote bin
       P  Tank wagon
       Q  Rail car
       R  Other
------------------------------------------------------------------------


             Table III--Temperature and Pressure Conditions
------------------------------------------------------------------------
  Codes                         Storage conditions
------------------------------------------------------------------------
          (Pressure)
       1  Ambient pressure
       2  Greater than ambient pressure
       3  Less than ambient pressure
          (Temperature)
       4  Ambient temperature
       5  Greater than ambient temperature
       6  Less than ambient temperature but not cryogenic
       7  Cryogenic conditions
------------------------------------------------------------------------

    Example: The benzene in the main building is kept in a tank inside 
the building, at ambient pressure and less than ambient temperature.
    Table II shows you that the code for a tank inside a building is C. 
Table III shows you that the code for ambient pressure is 1, and the 
code for less than ambient temperature is 6.
    You enter: C 1 6
    Storage Locations: Provide a brief description of the precise 
location of the chemical, so that emergency responders can locate the 
area easily. You may find it advantageous to provide the optional site 
plan or site coordinates as explained below.
    For each chemical, indicate at a minimum the building or lot. 
Additionally, where practical, the room or area may be indicated. You 
may respond in narrative form with appropriate site coordinates or 
abbreviations.
    If the chemical is present in more than one building, lot, or area 
location, continue your responses down the page as needed. If the 
chemical exists everywhere at the plant site simultaneously, you may 
report that the chemical is ubiquitous at the site.
    Optional attachments: If you choose to attach one of the following, 
check the appropriate Attachments box at the bottom of the Tier Two 
form.
    a. A site plan with site coordinates indicated for buildings, lots, 
areas, etc. throughout your facility.
    b. A list of site coordinate abbreviations that correspond to 
buildings, lots, areas, etc. throughout your facility.
    c. A description of dikes and other safeguard measures for storage 
locations throughout your facility.
    Example: You have benzene in the main room of the main building, and 
in tank 2 in tank field 10. You attach a site plan with coordinates as 
follows: main building = G-2, tank field 10 = B-6. Fill in the Storage 
Location as follows:
[fxsp0]_________________________________________________________________
    B-6 [Tank 2] G-2 [Main room]

[fxsp0]_________________________________________________________________

                        Confidential Information

    Under Title III. Section 324, you may elect to withhold location 
information on a specific chemical from disclosure to the public. If you 
choose to do so:
     Enter the word ``confidential'' in the Non-
Confidential Location section of the Tier Two form on the first line of 
the storage locations.

[[Page 461]]

     On a separate Tier Two Confidential Location 
Information Sheet, enter the name and CAS number of each chemical for 
which you are keeping the location confidential.
     Enter the appropriate location and storage 
information, as described above for non-confidential locations.
     Attach the Tier Two Confidential Location 
Information Sheet to the Tier Two form. This separates confidential 
locations from other information that will be disclosed to the public.

                              Certification

    Instructions for this section are included on page one of these 
instructions.

[55 FR 30650, July 26, 1990]



PART 372_TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents




                      Subpart A_General Provisions

Sec.
372.1 Scope and purpose.
372.3 Definitions.
372.5 Persons subject to this part.
372.10 Recordkeeping.
372.18 Compliance and enforcement.

                    Subpart B_Reporting Requirements

372.22 Covered facilities for toxic chemical release reporting.
372.23 SIC and NAICS codes to which this Part applies.
372.25 Thresholds for reporting.
372.27 Alternate threshold and certification.
372.28 Lower thresholds for chemicals of special concern.
372.30 Reporting requirements and schedule for reporting.
372.38 Exemptions.

              Subpart C_Supplier Notification Requirements

372.45 Notification about toxic chemicals.

               Subpart D_Specific Toxic Chemical Listings

372.65 Chemicals and chemical categories to which this part applies.

                    Subpart E_Forms and Instructions

372.85 Toxic chemical release reporting form and instructions.
372.95 Alternate threshold certification and instructions.

    Authority: 42 U.S.C. 11023 and 11048.

    Source: 53 FR 4525, Feb. 16, 1988, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 372.1  Scope and purpose.

    This part sets forth requirements for the submission of information 
relating to the release of toxic chemicals under section 313 of Title 
III of the Superfund Amendments and Reauthorization Act of 1986. The 
information collected under this part is intended to inform the general 
public and the communities surrounding covered facilities about releases 
of toxic chemicals, to assist research, to aid in the development of 
regulations, guidelines, and standards, and for other purposes. This 
part also sets forth requirements for suppliers to notify persons to 
whom they distribute mixtures or trade name products containing toxic 
chemicals that they contain such chemicals.



Sec. 372.3  Definitions.

    Terms defined in sections 313(b)(1)(c) and 329 of Title III and not 
explicitly defined herein are used with the meaning given in Title III. 
For the purpose of this part:
    Acts means Title III.
    Article means a manufactured item: (1) Which is formed to a specific 
shape or design during manufacture; (2) which has end use functions 
dependent in whole or in part upon its shape or design during end use; 
and (3) which does not release a toxic chemical under normal conditions 
of processing or use of that item at the facility or establishments.
    Beneficiation means the preparation of ores to regulate the size 
(including crushing and grinding) of the product, to remove unwanted 
constituents, or to improve the quality, purity, or grade of a desired 
product.
    Boiler means an enclosed device using controlled flame combustion 
and having the following characteristics:
    (1)(i) The unit must have physical provisions for recovering and 
exporting thermal energy in the form of steam, heated fluids, or heated 
gases; and

[[Page 462]]

    (ii) The unit's combustion chamber and primary energy recovery 
sections(s) must be of integral design. To be of integral design, the 
combustion chamber and the primary energy recovery section(s) (such as 
waterwalls and superheaters) must be physically formed into one 
manufactured or assembled unit. A unit in which the combustion chamber 
and the primary energy recovery section(s) are joined only by ducts or 
connections carrying flue gas is not integrally designed; however, 
secondary energy recovery equipment (such as economizers or air 
preheaters) need not be physically formed into the same unit as the 
combustion chamber and the primary energy recovery section. The 
following units are not precluded from being boilers solely because they 
are not of integral design: process heaters (units that transfer energy 
directly to a process stream), and fluidized bed combustion units; and
    (iii) While in operation, the unit must maintain a thermal energy 
recovery efficiency of at least 60 percent, calculated in terms of the 
recovered energy compared with the thermal value of the fuel; and
    (iv) The unit must export and utilize at least 75 percent of the 
recovered energy, calculated on an annual basis. In this calculation, no 
credit shall be given for recovered heat used internally in the same 
unit. (Examples of internal use are the preheating of fuel or combustion 
air, and the driving of induced or forced draft fans or feedwater 
pumps); or
    (2) The unit is one which the Regional Administrator has determined, 
on a case-by-case basis, to be a boiler, after considering the standards 
in Sec. 260.32 of this chapter.
    Chief Executive Officer of the tribe means the person who is 
recognized by the Bureau of Indian Affairs as the chief elected 
administrative officer of the tribe.
    Coal extraction means the physical removal or exposure of ore, coal, 
minerals, waste rock, or overburden prior to beneficiation, and 
encompasses all extraction-related activities prior to beneficiation. 
Extraction does not include beneficiation (including coal preparation), 
mineral processing, in situ leaching or any further activities.
    Customs territory of the United States means the 50 States, the 
District of Columbia, and Puerto Rico.
    Disposal means any underground injection, placement in landfills/
surface impoundments, land treatment, or other intentional land 
disposal.
    EPA means the United States Environmental Protection Agency.
    Establishment means an economic unit, generally at a single physical 
location, where business is conducted or where services or industrial 
operations are performed.
    Facility means all buildings, equipment, structures, and other 
stationary items which are located on a single site or on contiguous or 
adjacent sites and which are owned or operated by the same person (or by 
any person which controls, is controlled by, or under common control 
with such person). A facility may contain more than one establishment.
    Full-time employee means 2,000 hours per year of full-time 
equivalent employment. A facility would calculate the number of full-
time employees by totaling the hours worked during the calendar year by 
all employees, including contract employees, and dividing that total by 
2,000 hours.
    Import means to cause a chemical to be imported into the customs 
territory of the United States. For purposes of this definition, to 
cause means to intend that the chemical be imported and to control the 
identity of the imported chemical and the amount to be imported.
    Indian Country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as:
    (a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation;
    (b) All dependent Indian communities within the borders of the 
United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and
    (c) All Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.

[[Page 463]]

    Indian tribe means those tribes federally recognized by the 
Secretary of the Interior.
    Industrial furnace means any of the following enclosed devices that 
are integral components of manufacturing processes and that use thermal 
treatment to accomplish recovery of materials or energy:
    (1) Cement kilns.
    (2) Lime kilns.
    (3) Aggregate kilns.
    (4) Phosphate kilns.
    (5) Coke ovens.
    (6) Blast furnaces.
    (7) Smelting, melting and refining furnaces (including 
pyrometallurgical devices such as cupolas, reverberator furnaces, 
sintering machine, roasters, and foundry furnaces).
    (8) Titanium dioxide chloride process oxidation reactors.
    (9) Methane reforming furnaces.
    (10) Pulping liquor recovery furnaces.
    (11) Combustion devices used in the recovery of sulfur values from 
spent sulfuric acid.
    (12) Halogen acid furnaces (HAFs) for the production of acid from 
halogenated hazardous waste generated by chemical production facilities 
where the furnace is located on the site of a chemical production 
facility, the acid product has a halogen acid content of at least 3%, 
the acid product is used in a manufacturing process, and, except for 
hazardous waste burned as fuel, hazardous waste fed to the furnace has a 
minimum halogen content of 20% as-generated.
    (13) Such other devices as the Administrator may, after notice and 
comment, add to this list on the basis of one or more of the following 
factors:
    (i) The design and use of the device primarily to accomplish 
recovery of material products;
    (ii) The use of the device to burn or reduce raw materials to make a 
material product;
    (iii) The use of the device to burn or reduce secondary materials as 
effective substitutes for raw materials, in processes using raw 
materials as principal feedstocks;
    (iv) The use of the device to burn or reduce secondary materials as 
ingredients in an industrial process to make a material product;
    (v) The use of the device in common industrial practice to produce a 
material product; and
    (vi) Other factors, as appropriate.
    Manufacture means to produce, prepare, import, or compound a toxic 
chemical. Manufacture also applies to a toxic chemical that is produced 
coincidentally during the manufacture, processing, use, or disposal of 
another chemical or mixture of chemicals, including a toxic chemical 
that is separated from that other chemical or mixture of chemicals as a 
byproduct, and a toxic chemical that remains in that other chemical or 
mixture of chemicals as an impurity.
    Mixture means any combination of two or more chemicals, if the 
combination is not, in whole or in part, the result of a chemical 
reaction. However, if the combination was produced by a chemical 
reaction but could have been produced without a chemical reaction, it is 
also treated as a mixture. A mixture also includes any combination which 
consists of a chemical and associated impurities.
    Otherwise use means any use of a toxic chemical, including a toxic 
chemical contained in a mixture or other trade name product or waste, 
that is not covered by the terms ``manufacture'' or ``process.'' 
Otherwise use of a toxic chemical does not include disposal, 
stabilization (without subsequent distribution in commerce), or 
treatment for destruction unless:
    (1) The toxic chemical that was disposed, stabilized, or treated for 
destruction was received from off-site for the purposes of futher waste 
management; or
    (2) The toxic chemical that was disposed, stabilized, or treated for 
destruction was manufactured as a result of waste management activities 
on materials received from off-site for the purposes of further waste 
management activities. Relabeling or redistributing of the toxic 
chemical where no repackaging of the toxic chemical occurs does not 
constitute otherwise use or processing of the toxic chemical.
    Overburden means the unconsolidated material that overlies a deposit 
of useful materials or ores. It does not include any portion of ore or 
waste rock.

[[Page 464]]

    Process means the preparation of a toxic chemical, after its 
manufacture, for distribution in commerce:
    (1) In the same form or physical state as, or in a different form or 
physical state from, that in which it was received by the person so 
preparing such substance, or
    (2) As part of an article containing the toxic chemical. Process 
also applies to the processing of a toxic chemical contained in a 
mixture or trade name product.
    RCRA approved test method includes Test Method 9095 (Paint Filter 
Liquids Test) in ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication No. SW-846, Third Edition, September 
1986, as amended by Update I, November 15, 1992.
    Release means any spilling, leaking, pumping, pouring, emitting, 
emptying, discharging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the abandonment or discarding 
of barrels, containers, and other closed receptacles) of any toxic 
chemical.
    Senior management official means an official with management 
responsibility for the person or persons completing the report, or the 
manager of environmental programs for the facility or establishments, or 
for the corporation owning or operating the facility or establishments 
responsible for certifying similar reports under other environmental 
regulatory requirements.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, the Commonwealth of the Northern Mariana 
Islands, and any other territory or possession over which the United 
States has jurisdiction and Indian Country.
    Title III means Title III of the Superfund Amendments and 
Reauthorization Act of 1986, also titled the Emergency Planning and 
Community Right-To-Know Act of 1986.
    Toxic chemical means a chemical or chemical category listed in Sec. 
372.65.
    Trade name product means a chemical or mixture of chemicals that is 
distributed to other persons and that incorporates a toxic chemical 
component that is not identified by the applicable chemical name or 
Chemical Abstracts Service Registry number listed in Sec. 372.65.
    Treatment for destruction means the destruction of a toxic chemical 
in waste such that the substance is no longer the toxic chemical subject 
to reporting under EPCRA section 313. Treatment for destruction does not 
include the destruction of a toxic chemical in waste where the toxic 
chemical has a heat value greater than 5,000 British thermal units and 
is combusted in any device that is an industrial furnace or boiler.
    Waste stabilization means any physical or chemical process used to 
either reduce the mobility of hazardous constitutents in a hazardous 
waste or eliminate free liquid as determined by a RCRA approved test 
method for evaluating solid waste as defined in this section. A waste 
stabilization process includes mixing the hazardous waste with binders 
or other materials, and curing the resulting hazardous waste and binder 
mixture. Other synonymous terms used to refer to this process are 
``stabilization,'' ``waste fixation,'' or ``waste solidification.''

[53 FR 4525, Feb. 16, 1988, as amended at 55 FR 30656, July 26, 1990; 62 
FR 23891, May 1, 1997]

    Effective Date Note: At 71 FR 32474, June 6, 2006, Sec. 372.3 was 
amended by adding in alphabetical order a definition for ``Previously 
classified'', effective Aug. 7, 2006. For the convenience of the user, 
the added text is set forth as follows:

Sec. 372.3  Definitions.

                                * * * * *

    Previously classified means properly classified, according to Sec. 
372.22(b) under a given Standard Industrial Classification (SIC) code, 
as identified in the Standard Industrial Classification Manual, 1987, 
Executive Office of the President, Office of Management and Budget.



Sec. 372.5  Persons subject to this part.

    Owners and operators of facilities described in Sec. Sec. 372.22 
and 372.45 are subject to the requirements of this part. If the owner 
and operator of a facility are different persons, only one need report 
under Sec. 372.17 or provide a notice under

[[Page 465]]

Sec. 372.45 for each toxic chemical in a mixture or trade name product 
distributed from the facility. However, if no report is submitted or 
notice provided, EPA will hold both the owner and the operator liable 
under section 325(c) of Title III, except as provided in Sec. Sec. 
372.38(e) and 372.45(g).



Sec. 372.10  Recordkeeping.

    (a) Each person subject to the reporting requirements of this part 
must retain the following records for a period of 3 years from the date 
of the submission of a report under Sec. 372.30:
    (1) A copy of each report submitted by the person under Sec. 
372.30.
    (2) All supporting materials and documentation used by the person to 
make the compliance determination that the facility or establishments is 
a covered facility under Sec. 372.22 or Sec. 372.45.
    (3) Documentation supporting the report submitted under Sec. 372.30 
including:
    (i) Documentation supporting any determination that a claimed 
allowable exemption under Sec. 372.38 applies.
    (ii) Data supporting the determination of whether a threshold under 
Sec. 372.25 applies for each toxic chemical.
    (iii) Documentation supporting the calculations of the quantity of 
each toxic chemical released to the environment or transferred to an 
off-site location.
    (iv) Documentation supporting the use indications and quantity on 
site reporting for each toxic chemical, including dates of 
manufacturing, processing, or use.
    (v) Documentation supporting the basis of estimate used in 
developing any release or off-site transfer estimates for each toxic 
chemical.
    (vi) Receipts or manifests associated with the transfer of each 
toxic chemical in waste to off-site locations.
    (vii) Documentation supporting reported waste treatment methods, 
estimates of treatment efficiencies, ranges of influent concentration to 
such treatment, the sequential nature of treatment steps, if applicable, 
and the actual operating data, if applicable, to support the waste 
treatment efficiency estimate for each toxic chemical.
    (b) Each person subject to the notification requirements of this 
part must retain the following records for a period of 3 years from the 
date of the submission of a notification under Sec. 372.45.
    (1) All supporting materials and documentation used by the person to 
determine whether a notice is required under Sec. 372.45.
    (2) All supporting materials and documentation used in developing 
each required notice under Sec. 372.45 and a copy of each notice.
    (c) Records retained under this section must be maintained at the 
facility to which the report applies or from which a notification was 
provided. Such records must be readily available for purposes of 
inspection by EPA.
    (d) Each owner or operator who determines that the owner operator 
may apply the alternate threshold as specified under Sec. 372.27(a) 
must retain the following records for a period of 3 years from the date 
of the submission of the certification statement as required under Sec. 
372.27(b):
    (1) A copy of each certification statement submitted by the person 
under Sec. 372.27(b).
    (2) All supporting materials and documentation used by the person to 
make the compliance determination that the facility or establishment is 
eligible to apply the alternate threshold as specified in Sec. 372.27.
    (3) Documentation supporting the certification statement submitted 
under Sec. 372.27(b) including:
    (i) Data supporting the determination of whether the alternate 
threshold specified under Sec. 372.27(a) applies for each toxic 
chemical.
    (ii) Documentation supporting the calculation of annual reportable 
amount, as defined in Sec. 372.27(a), for each toxic chemical, 
including documentation supporting the calculations and the calculations 
of each data element combined for the annual reportable amount.
    (iii) Receipts or manifests associated with the transfer of each 
chemical in waste to off-site locations.

[53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61501, Nov. 30, 1994]



Sec. 372.18  Compliance and enforcement.

    Violators of the requirements of this part shall be liable for a 
civil penalty in an amount not to exceed $25,000 each

[[Page 466]]

day for each violation as provided in section 325(c) of Title III.



                    Subpart B_Reporting Requirements



Sec. 372.22  Covered facilities for toxic chemical release reporting.

    A facility that meets all of the following criteria for a calendar 
year is a covered facility for that calendar year and must report under 
Sec. 372.30.
    (a) The facility has 10 or more full-time employees.
    (b) The facility is in Standard Industrial Classification (SIC) (as 
in effect on January 1, 1987) major group codes 10 (except 1011, 1081, 
and 1094), 12 (except 1241), or 20 through 39; industry codes 4911, 
4931, or 4939 (limited to facilities that combust coal and/or oil for 
the purpose of generating power for distribution in commerce); or 4953 
(limited to facilities regulated under the Resource Conservation and 
Recovery Act, subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 
5171, or 7389 (limited to facilities primarily engaged in solvent 
recovery services on a contract or fee basis) by virtue of the fact that 
it meets one of the following criteria:
    (1) The facility is an establishment with a primary SIC major group 
or industry code in the above list.
    (2) The facility is a multi-establishment complex where all 
establishments have primary SIC major group or industry codes in the 
above list.
    (3) The facility is a multi-establishment complex in which one of 
the following is true:
    (i) The sum of the value of services provided and/or products 
shipped and/or produced from those establishments that have primary SIC 
major group or industry codes in the above list is greater than 50 
percent of the total value of all services provided and/or products 
shipped from and/or produced by all establishments at the facility.
    (ii) One establishment having a primary SIC major group or industry 
code in the above list contributes more in terms of value of services 
provided and/or products shipped from and/or produced at the facility 
than any other establishment within the facility.
    (c) The facility manufactured (including imported), processed, or 
otherwise used a toxic chemical in excess of an applicable threshold 
quantity of that chemical set forth in Sec. 372.25, Sec. 372.27, or 
Sec. 372.28.

[53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61501, Nov. 30, 1994; 62 
FR 23892, May 1, 1997; 64 FR 58750, Oct. 29, 1999]

    Effective Date Note: At 71 FR 32474, June 6, 2006, Sec. 372.22 was 
amended by revising paragraphs (b) introductory text, (b)(1), (b)(2), 
(b)(3)(i) and (b)(3)(ii), effective Aug. 7, 2006. For the convenience of 
the user, the revised text is set forth as follows:

Sec. 372.22  Covered facilities for toxic chemical release reporting.

                                * * * * *

    (b) The facility is in a Standard Industrial Classification (SIC) 
(as in effect on January 1, 1987) major group or industry code listed in 
Sec. 372.23(a) (for which the corresponding North American Industry 
Classification System (NAICS) (as in effect on January 1, 2002) 
subsector and industry codes are listed in Sec. Sec. 372.23(b) and 
372.23(c)) by virtue of the fact that it meets one of the following 
criteria:
    (1) The facility is an establishment with a primary SIC major group 
or industry code listed in Sec. 372.23(a), or a primary NAICS subsector 
or industry code listed in Sec. 372.23(b) or Sec. 372.23(c).
    (2) The facility is a multi-establishment complex where all 
establishments have primary SIC major group or industry codes listed in 
Sec. 372.23(a), or primary NAICS subsector or industry codes listed in 
Sec. 372.23(b) or Sec. 372.23(c).
    (3) * * *
    (i) The sum of the value of services provided and/or products 
shipped and/or produced from those establishments that have primary SIC 
major group or industry codes listed in Sec. 372.23(a), or primary 
NAICS subsector or industry codes listed in Sec. 372.23(b) or Sec. 
372.23(c) is greater than 50 percent of the total value of all services 
provided and/or products shipped from and/or produced by all 
establishments at the facility.
    (ii) One establishment having a primary SIC major group or industry 
code listed in Sec. 372.23(a), or a primary NAICS subsector or industry 
code listed in Sec. 372.23(b) or Sec. 372.23(c) contributes more in 
terms of value of services provided and/or products shipped from and/or 
produced at the facility than any other establishment within the 
facility.



Sec. 372.23  SIC and NAICS codes to which this Part applies.

    The requirements of this part apply to facilities in the following 
SIC and NAICS codes. This section contains three listings. Paragraph (a) 
of this

[[Page 467]]

section lists the SIC codes to which this part applies. Paragraph (b) of 
this section lists the NAICS codes that correspond to SIC codes 20 
through 39 to which this part applies. Paragraph (c) of this section 
lists the NAICS codes that correspond to SIC codes other than SIC codes 
20 through 39 to which this part applies.
    (a) SIC codes.

------------------------------------------------------------------------
 Major group or industry code        Exceptions and/or limitations
------------------------------------------------------------------------
10...........................  Except 1011, 1081, and 1094.
12...........................  Except 1241.
20 through 39
4911, 4931, 4939.............  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
4953.........................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                42 U.S.C. 6921, et seq.
5169
5171
7389.........................  Limited to facilities primarily engaged
                                in solvent recovery services on a
                                contract or fee basis.
------------------------------------------------------------------------

    (b) NAICS codes that correspond to SIC codes 20 through 39.

------------------------------------------------------------------------
  Subsector code or industry
             code                    Exceptions and/or limitations
------------------------------------------------------------------------
311..........................  Except 311119--Exception is limited to
                                facilities primarily engaged in Custom
                                Grain Grinding for Animal Feed
                                (previously classified under SIC 0723,
                                Crop Preparation Services for Market,
                                Except Cotton Ginning);
                               Except 311330--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311340--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of candy, nuts, popcorn and
                                other confections not for immediate
                                consumption made on the premises
                                (previously classified under SIC 5441,
                                Candy, Nut, and Confectionery Stores);
                               Except 311811--Retail Bakeries
                                (previously classified under SIC 5461,
                                Retail Bakeries);
                               Except 311611--Exception is limited to
                                facilities primarily engaged in Custom
                                Slaughtering for individuals (previously
                                classified under SIC 0751, Livestock
                                Services, Except Veterinary,
                                Slaughtering, custom: for individuals);
                               Except 311612--Exception is limited to
                                facilities primarily engaged in the
                                cutting up and resale of purchased fresh
                                carcasses for the trade (including boxed
                                beef), (previously classified under SIC
                                5147, Meats and Meat Products);
312..........................  Except 312229--Exception is limited to
                                facilities primarily engaged in
                                providing Tobacco Sheeting Services
                                (previously classified under SIC 7389,
                                Business Services, NEC);
313..........................  Except 313311--Exception is limited to
                                facilities primarily engaged in
                                converting broadwoven piece goods and
                                broadwoven textiles, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods, broadwoven
                                and non-broadwoven piece good
                                converters), and facilities primarily
                                engaged in sponging fabric for tailors
                                and dressmakers (previously classified
                                under SIC 7389, Business Services, NEC
                                (Sponging fabric for tailors and
                                dressmakers));
                               Except 313312--Exception is limited to
                                facilities primarily engaged in
                                converting narrow woven Textiles, and
                                narrow woven piece goods, (previously
                                classified under SIC 5131, Piece Goods
                                Notions, and Other Dry Goods,
                                converters, except broadwoven fabric);
314..........................  Except 314121--Exception is limited to
                                facilities primarily engaged in making
                                Custom drapery for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314129--Exception is limited to
                                facilities primarily engaged in making
                                Custom slipcovers for retail sale
                                (previously classified under SIC 5714,
                                Drapery, Curtain, and Upholstery
                                Stores);
                               Except 314999--Exception is limited to
                                facilities primarily engaged in Binding
                                carpets and rugs for the trade, Carpet
                                cutting and binding, and Embroidering on
                                textile products (except apparel) for
                                the trade (previously classified under
                                SIC 7389, Business Services Not
                                Elsewhere Classified, Embroidering of
                                advertising on shirts and Rug binding
                                for the trade);
315..........................  Except 315222--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys'
                                suits, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315223--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling men's and boys' dress
                                shirts, cut and sewn from purchased
                                fabric (previously classified under SIC
                                5699, Miscellaneous Apparel and
                                Accessory Stores (custom tailors));
                               Except 315233--Exception is limited to
                                custom tailors primarily engaged in
                                making and selling bridal dresses or
                                gowns, or women's, misses' and girls'
                                dresses cut and sewn from purchased
                                fabric (except apparel
                                contractors)(custom dressmakers)
                                (previously classified under SIC Code
                                5699, Miscellaneous Apparel and
                                Accessory Stores);
316
321
322

[[Page 468]]

 
323..........................  Except 323114--Exception is limited to
                                facilities primarily engaged in
                                reproducing text, drawings, plans, maps,
                                or other copy, by blueprinting,
                                photocopying, mimeographing, or other
                                methods of duplication other than
                                printing or microfilming (i.e., instant
                                printing) (previously classified under
                                SIC 7334, Photocopying and Duplicating
                                Services, (instant printing));
324
325..........................  Except 325998--Exception is limited to
                                facilities primarily engaged in Aerosol
                                can filling on a job order or contract
                                basis (previously classified under SIC
                                7389, Business Services, NEC (aerosol
                                packaging));
326..........................  Except 326212--Tire Retreading,
                                (previously classified under SIC 7534,
                                Tire Retreading and Repair Shops
                                (rebuilding));
327
331
332
333
334..........................  Except 334611--Software Reproducing
                                (previously classified under SIC 7372,
                                Prepackaged Software, (reproduction of
                                software));
                               Except 334612--Exception is limited to
                                facilities primarily engaged in mass
                                reproducing pre-recorded Video
                                cassettes, and mass reproducing Video
                                tape or disk (previously classified
                                under SIC 7819, Services Allied to
                                Motion Picture Production (reproduction
                                of Video));
335..........................  Except 335312--Exception is limited to
                                facilities primarily engaged in armature
                                rewinding on a factory basis (previously
                                classified under SIC 7694 (Armature
                                Rewinding Shops (remanufacturing));
336
337..........................  Except 337110--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom wood kitchen
                                cabinets and counter tops (previously
                                classified under SIC 5712, Furniture
                                Stores (custom wood cabinets));
                               Except 337121--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture custom made upholstered
                                household furniture (previously
                                classified under SIC 5712, Furniture
                                Stores (upholstered, custom made
                                furniture));
                               Except 337122--Exception is limited to
                                facilities primarily engaged in the
                                retail sale of household furniture and
                                that manufacture nonupholstered,
                                household type, custom wood furniture
                                (previously classified under SIC 5712,
                                Furniture Stores (custom made wood
                                nonupholstered household furniture
                                except cabinets));
339..........................  Except 339115--Exception is limited to
                                lens grinding facilities that are
                                primarily engaged in the retail sale of
                                eyeglasses and contact lenses to
                                prescription for individuals (previously
                                classified under SIC 5995, Optical Goods
                                Stores (optical laboratories grinding of
                                lenses to prescription));
                               Except 339116--Dental Laboratories
                                (previously classified under SIC 8072,
                                Dental Laboratories);
111998.......................  Limited to facilities primarily engaged
                                in reducing maple sap to maple syrup
                                (previously classified under SIC 2099,
                                Food Preparations, NEC, Reducing Maple
                                Sap to Maple Syrup);
211112.......................  Limited to facilities that recover sulfur
                                from natural gas (previously classified
                                under SIC 2819, Industrial Inorganic
                                Chemicals, NEC (recovering sulfur from
                                natural gas));
212324.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating kaolin and clay
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1455));
212325.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating clay and
                                ceramic and refractory minerals
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1459));
212393.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating chemical or
                                fertilizer mineral raw materials
                                (previously classified under SIC 3295,
                                Minerals and Earths, Ground or Otherwise
                                Treated (grinding, washing, separating,
                                etc. of minerals in SIC 1479));
212399.......................  Limited to facilities operating without a
                                mine or quarry and that are primarily
                                engaged in beneficiating nonmetallic
                                minerals (previously classified under
                                SIC 3295, Minerals and Earths, Ground or
                                Otherwise Treated (grinding, washing,
                                separating, etc. of minerals in SIC
                                1499));
488390.......................  Limited to facilities that are primarily
                                engaged in providing routine repair and
                                maintenance of ships and boats from
                                floating drydocks (previously classified
                                under SIC 3731, Shipbuilding and
                                Repairing (floating drydocks not
                                associated with a shipyard));
511110
511120
511130
511140.......................  Except facilities that are primarily
                                engaged in furnishing services for
                                direct mail advertising including
                                Address list compilers, Address list
                                publishers, Address list publishers and
                                printing combined, Address list
                                publishing, Business directory
                                publishers, Catalog of collections
                                publishers, Catalog of collections
                                publishers and printing combined,
                                Mailing list compilers, Directory
                                compilers, and Mailing list compiling
                                services (previously classified under
                                SIC 7331, Direct Mail Advertising
                                Services (mailing list compilers));
511191
511199
512220

[[Page 469]]

 
512230.......................  Except facilities primarily engaged in
                                Music copyright authorizing use, Music
                                copyright buying and licensing, and
                                Music publishers working on their own
                                account (previously classified under SIC
                                8999, Services, NEC (music publishing));
516110.......................  Limited to facilities primarily engaged
                                in Internet newspaper publishing
                                (previously classified under SIC 2711,
                                Newspapers: Publishing, or Publishing
                                and Printing), Internet periodical
                                publishing (previously classified under
                                SIC 2721, Periodicals: Publishing, or
                                Publishing and Printing), Internet book
                                publishing (previously classified under
                                SIC 2731, Books: Publishing, or
                                Publishing and Printing), Miscellaneous
                                Internet publishing (previously
                                classified under SIC 2741, Miscellaneous
                                Publishing), Internet greeting card
                                publishers (previously classified under
                                SIC 2771, Greeting Cards);
541710.......................  Limited to facilities that are primarily
                                engaged in Guided missile and space
                                vehicle engine research and development
                                (previously classified under SIC 3764,
                                Guided Missile and Space Vehicle
                                Propulsion Units and Propulsion Unit
                                Parts), and in Guided missile and space
                                vehicle parts (except engines) research
                                and development (previously classified
                                under SIC 3769, Guided Missile and Space
                                Vehicle Parts and Auxiliary Equipment,
                                Not Elsewhere Classified);
811490.......................  Limited to facilities that are primarily
                                engaged in repairing and servicing
                                pleasure and sail boats without
                                retailing new boats (previously
                                classified under SIC 3732, Boat Building
                                and Repairing (pleasure boat building));
------------------------------------------------------------------------

    (c) NAICS codes that correspond to SIC codes other than SIC codes 20 
through 39.

------------------------------------------------------------------------
  Subsector or industry code         Exceptions and/or limitations
------------------------------------------------------------------------
212111
212112
212113
212221
212222
212231
212234
212299
221111.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221112.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221113.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221119.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221121.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
221122.......................  Limited to facilities that combust coal
                                and/or oil for the purpose of generating
                                power for distribution in commerce.
424690
424710
425110.......................  Limited to facilities previously
                                classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
425120.......................  Limited to facilities previously
                                classified in SIC 5169, Chemicals and
                                Allied Products, Not Elsewhere
                                Classified.
562112.......................  Limited to facilities primarily engaged
                                in solvent recovery services on a
                                contract or fee basis (previously
                                classified under SIC 7389, Business
                                Services, NEC);
562211.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562212.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562213.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562219.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
562920.......................  Limited to facilities regulated under the
                                Resource Conservation and Recovery Act,
                                subtitle C, 42 U.S.C. 6921 et seq.
------------------------------------------------------------------------


[71 FR 32474, June 6, 2006]

    Effective Date Note: At 71 FR 32474, June 6, 2006, Sec. 372.23 was 
added, effective Aug. 7, 2006.

[[Page 470]]



Sec. 372.25  Thresholds for reporting.

    Except as provided in Sec. Sec. 372.27 and 372.28, the threshold 
amounts for purposes of reporting under Sec. 372.30 for toxic chemicals 
are as follows:
    (a) With respect to a toxic chemical manufactured (including 
imported) or processed at a facility during the following calendar 
years:

1987--75,000 pounds of the chemical manufactured or processed for the 
year.
1988--50,000 pounds of the chemical manufactured or processed for the 
year.
1989 and thereafter--25,000 pounds of the chemical manufactured or 
processed for the year.

    (b) With respect to a chemical otherwise used at a facility, 10,000 
pounds of the chemical used for the applicable calendar year.
    (c) With respect to activities involving a toxic chemical at a 
facility, when more than one threshold applies to the activities, the 
owner or operator of the facility must report if it exceeds any 
applicable threshold and must report on all activities at the facility 
involving the chemical, except as provided in Sec. 372.38.
    (d) When a facility manufactures, processes, or otherwise uses more 
than one member of a chemical category listed in Sec. 372.65(c), the 
owner or operator of the facility must report if it exceeds any 
applicable threshold for the total volume of all the members of the 
category involved in the applicable activity. Any such report must cover 
all activities at the facility involving members of the category.
    (e) A facility may process or otherwise use a toxic chemical in a 
recycle/reuse operation. To determine whether the facility has processed 
or used more than an applicable threshold of the chemical, the owner or 
operator of the facility shall count the amount of the chemical added to 
the recycle/reuse operation during the calendar year. In particular, if 
the facility starts up such an operation during a calendar year, or in 
the event that the contents of the whole recycle/reuse operation are 
replaced in a calendar year, the owner or operator of the facility shall 
also count the amount of the chemical placed into the system at these 
times.
    (f) A toxic chemical may be listed in Sec. 372.65 with the notation 
that only persons who manufacture the chemical, or manufacture it by a 
certain method, are required to report. In that case, only owners or 
operators of facilities that manufacture that chemical as described in 
Sec. 372.65 in excess of the threshold applicable to such manufacture 
in Sec. 372.25, Sec. 372.27, or Sec. 372.28 are required to report. 
In completing the reporting form, the owner or operator is only required 
to account for the quantity of the chemical so manufactured and releases 
associated with such manufacturing, but not releases associated with 
subsequent processing or use of the chemical at that facility. Owners 
and operators of facilities that solely process or use such a chemical 
are not required to report for that chemical.
    (g) A toxic chemical may be listed in Sec. 372.65 with the notation 
that it is in a specific form (e.g., fume or dust, solution, or friable) 
or of a specific color (e.g., yellow or white). In that case, only 
owners or operators of facilities that manufacture, process, or use that 
chemical in the form or of the color, specified in Sec. 372.65 in 
excess of the threshold applicable to such activity in Sec. 372.25, 
Sec. 372.27, or Sec. 372.28 are required to report. In completing the 
reporting form, the owner or operator is only required to account for 
the quantity of the chemical manufactured, processed, or used in the 
form or color specified in Sec. 372.65 and for releases associated with 
the chemical in that form or color. Owners or operators of facilities 
that solely manufacture, process, or use such a chemical in a form or 
color other than those specified by Sec. 372.65 are not required to 
report for that chemical.
    (h) Metal compound categories are listed in Sec. 372.65(c). For 
purposes of determining whether any of the thresholds specified in Sec. 
372.25, Sec. 372.27, or Sec. 372.28 are met for metal compound 
category, the owner or operator of a facility must make the threshold 
determination based on the total amount of all members of the metal 
compound category manufactured, processed, or used at the facility. In 
completing the release portion of the reporting form for releases of the 
metal compounds, the owner or operator is only required to account for 
the weight of the parent metal released. Any contribution to

[[Page 471]]

the mass of the release attributable to other portions of each compound 
in the category is excluded.

[53 FR 4525, Feb. 16, 1988, as amended at 59 FR 61502, Nov. 30, 1994; 64 
FR 58750, Oct. 29, 1999]



Sec. 372.27  Alternate threshold and certification.

    (a) With respect to the manufacture, process, or otherwise use of a 
toxic chemical, the owner or operator of a facility may apply an 
alternate threshold of 1 million pounds per year to that chemical if the 
owner or operator calculates that the facility would have an annual 
reportable amount of that toxic chemical not exceeding 500 pounds for 
the combined total quantities released at the facility, disposed within 
the facility, treated at the facility (as represented by amounts 
destroyed or converted by treatment processes), recovered at the 
facility as a result of recycle operations, combusted for the purpose of 
energy recovery at the facility, and amounts transferred from the 
facility to off-site locations for the purpose of recycle, energy 
recovery, treatment, and/or disposal. These volumes correspond to the 
sum of amounts reportable for data elements on EPA Form R (EPA Form 
9350-1; Rev. 12/4/93) as Part II column B or sections 8.1 (quantity 
released), 8.2 (quantity used for energy recovery on-site), 8.3 
(quantity used for energy recovery off-site), 8.4 (quantity recycled on-
site), 8.5 (quantity recycled off-site), 8.6 (quantity treated on-site), 
and 8.7 (quantity treated off-site).
    (b) If an owner or operator of a facility determines that the owner 
or operator may apply the alternate reporting threshold specified in 
paragraph (a) of this section for a specific toxic chemical, the owner 
or operator is not required to submit a report for that chemical under 
Sec. 372.30, but must submit a certification statement that contains 
the information required in Sec. 372.95. The owner or operator of the 
facility must also keep records as specified in Sec. 372.10(d).
    (c) Threshold determination provisions of Sec. 372.25 and 
exemptions pertaining to threshold determinations in Sec. 372.38 are 
applicable to the determination of whether the alternate threshold has 
been met.
    (d) Each certification statement under this section for activities 
involving a toxic chemical that occurred during a calendar year at a 
facility must be submitted to EPA and to the State in which the facility 
is located on or before July 1 of the next year.
    (e) The provisions of this section do not apply to any chemicals 
listed in Sec. 372.28.

[59 FR 61502, Nov. 30, 1994, as amended at 64 FR 58750, Oct. 29, 1999]



Sec. 372.28  Lower thresholds for chemicals of special concern.

    (a) Notwithstanding Sec. 372.25 or Sec. 372.27, for the toxic 
chemicals set forth in this section, the threshold amounts for 
manufacturing (including importing), processing, and otherwise using 
such toxic chemicals are as set forth in this section.
    (1) Chemical listing in alphabetic order.

------------------------------------------------------------------------
                                                           Reporting
          Chemical name                 CAS No.            threshold
------------------------------------------------------------------------
Aldrin..........................  00309-00-2          100
Benzo(g,h,i)perylene............  00191-24-2          10
Chlordane.......................  00057-74-9          10
Heptachlor......................  00076-44-8          10
Hexachlorobenzene...............  00118-74-1          10
Isodrin.........................  00465-73-6          10
 Lead (this lower threshold does  7439-92-1.........  100
 not apply to lead when
 contained in a stainless steel,
 brass or bronze alloy)
Mercury.........................  07439-97-6          10
Methoxychlor....................  00072-43-5          100
Octachlorostyrene...............  29082-74-4          10
Pendimethalin...................  40487-42-1          100
Pentachlorobenzene..............  00608-93-5          10
Polychlorinated biphenyl (PCBs).  01336-36-3          10
Tetrabromobisphenol A...........  00079-94-7          100
Toxaphene.......................  08001-35-2          10

[[Page 472]]

 
Trifluralin.....................  01582-09-8          100
------------------------------------------------------------------------

    (2) Chemical categories in alphabetic order.

------------------------------------------------------------------------
               Category name                     Reporting threshold
------------------------------------------------------------------------
Dioxin and dioxin-like compounds            0.1 grams
 (Manufacturing; and the processing or
 otherwise use of dioxin and dioxin-like
 compounds if the dioxin and dioxin-like
 compounds are present as contaminants in
 a chemical and if they were created
 during the manufacturing of that
 chemical) (This category includes only
 those chemicals listed below).
 
67562-39-4 1,2,3,4,6,7,8-
 Heptachlorodibenzofuran
55673-89-7 1,2,3,4,7,8,9-
 Heptachlorodibenzofuran
70648-26-9 1,2,3,4,7,8-
 Hexachlorodibenzofuran
57117-44-9 1,2,3,6,7,8-
 Hexachlorodibenzofuran
72918-21-9 1,2,3,7,8,9-
 Hexachlorodibenzofuran
60851-34-5 2,3,4,6,7,8-
 Hexachlorodibenzofuran
39227-28-6 1,2,3,4,7,8-Hexachlorodibenzo-p-
 dioxin
57653-85-7 1,2,3,6,7,8-Hexachlorodibenzo-p-
 dioxin
19408-74-3 1,2,3,7,8,9-Hexachlorodibenzo-p-
 dioxin
35822-46-9 1,2,3,4,6,7,8-
 Heptachlorodibenzo-p-dioxin
Lead Compounds                              100
39001-02-0 1,2,3,4,6,7,8,9-
 Octachlorodibenzofuran
03268-87-9 1,2,3,4,6,7,8,9-
 Octachlorodibenzo-p-dioxin
57117-41-6 1,2,3,7,8-
 Pentachlorodibenzofuran
57117-31-4 2,3,4,7,8-
 Pentachlorodibenzofuran
40321-76-4 1,2,3,7,8-Pentachlorodibenzo-p-
 dioxin
51207-31-9 2,3,7,8-Tetrachlorodibenzofuran
01746-01-6 2,3,7,8 Tetrachlorodibenzo-p-
 dioxin
 
Mercury compounds                           10
 
Polycyclic aromatic compounds (PACs) (This  100
 category includes only those chemicals
 listed below).
 
00056-55-3 Benz(a)anthracene
00205-99-2 Benzo(b)fluoranthene
00205-82-3 Benzo(j)fluoranthene
00207-08-9 Benzo(k)fluoranthene
00206-44-0 Benzo(j,k)fluorene
00189-55-9 Benzo(r,s,t)pentaphene
00218-01-9 Benzo(a)phenanthrene
00050-32-8 Benzo(a)pyrene
00226-36-8 Dibenz(a,h)acridine
00224-42-0 Dibenz(a,j)acridine
00053-70-3 Dibenzo(a,h)anthracene
00194-59-2 7H-Dibenzo(c,g)carbazole
05385-75-1 Dibenzo(a,e)fluoranthene
00192-65-4 Dibenzo(a,e)pyrene
00189-64-0 Dibenzo(a,h)pyrene
00191-30-0 Dibenzo(a,l)pyrene
00057-97-6 7,12-Dimethylbenz(a)anthracene
00193-39-5 Indeno[1,2,3-cd]pyrene
00056-49-5 3-Methylcholanthrene
03697-24-3 5-Methylchrysene
05522-43-0 1-Nitropyrene
------------------------------------------------------------------------

    (b) The threshold determination provisions under Sec. 372.25(c) 
through (h) and the exemptions under Sec. 372.38(b) through (h) are 
applicable to the toxic chemicals listed in paragraph (a) of this 
section.

[64 FR 58750, Oct. 29, 1999, as amended at 66 FR 4527, Jan. 17, 2001]



Sec. 372.30  Reporting requirements and schedule for reporting.

    (a) For each toxic chemical known by the owner or operator to be 
manufactured (including imported), processed, or otherwise used in 
excess of an applicable threshold quantity in Sec. 372.25, Sec. 
372.27, or Sec. 372.28 at its covered facility described in Sec. 
372.22 for a calendar year, the owner or operator must submit to

[[Page 473]]

EPA and to the State in which the facility is located a completed EPA 
Form R (EPA Form 9350-1) in accordance with the instructions referred to 
in subpart E of this part.
    (b)(1) The owner or operator of a covered facility is required to 
report as described in paragraph (a) of this section on a toxic chemical 
that the owner or operator knows is present as a component of a mixture 
or trade name product which the owner or operator receives from another 
person, if that chemical is imported, processed, or otherwise used by 
the owner or operator in excess of an applicable threshold quantity in 
Sec. 372.25, Sec. 372.27, or Sec. 372.28 at the facility as part of 
that mixture or trade name product.
    (2) The owner or operator knows that a toxic chemical is present as 
a component of a mixture or trade name product (i) if the owner or 
operator knows or has been told the chemical identity or Chemical 
Abstracts Service Registry Number of the chemical and the identity or 
Number corresponds to an identity or Number in Sec. 372.65, or (ii) if 
the owner or operator has been told by the supplier of the mixture or 
trade name product that the mixture or trade name product contains a 
toxic chemical subject to section 313 of the Act or this part.
    (3) To determine whether a toxic chemical which is a component of a 
mixture or trade name product has been imported, processed, or otherwise 
used in excess of an applicable threshold in Sec. 372.25, Sec. 372.27, 
or Sec. 372.28 at the facility, the owner or operator shall consider 
only the portion of the mixture or trade name product that consists of 
the toxic chemical and that is imported, processed, or otherwise used at 
the facility, together with any other amounts of the same toxic chemical 
that the owner or operator manufactures, imports, processes, or 
otherwise uses at the facility as follows:
    (i) If the owner or operator knows the specific chemical identity of 
the toxic chemical and the specific concentration at which it is present 
in the mixture or trade name product, the owner or operator shall 
determine the weight of the chemical imported, processed, or otherwise 
used as part of the mixture or trade name product at the facility and 
shall combine that with the weight of the toxic chemical manufactured 
(including imported), processed, or otherwise used at the facility other 
than as part of the mixture or trade name product. After combining these 
amounts, if the owner or operator determines that the toxic chemical was 
manufactured, processed, or otherwise used in excess of an applicable 
threshold in Sec. 372.25, Sec. 372.27, or Sec. 372.28, the owner or 
operator shall report the specific chemical identity and all releases of 
the toxic chemical on EPA Form R in accordance with the instructions 
referred to in subpart E of this part.
    (ii) If the owner or operator knows the specific chemical identity 
of the toxic chemical and does not know the specific concentration at 
which the chemical is present in the mixture or trade name product, but 
has been told the upper bound concentration of the chemical in the 
mixture or trade name product, the owner or operator shall assume that 
the toxic chemical is present in the mixture or trade name product at 
the upper bound concentration, shall determine whether the chemical has 
been manufactured, processed, or otherwise used at the facility in 
excess of an applicable threshold as provided in paragraph (b)(3)(i) of 
this section, and shall report as provided in paragraph (b)(3)(i) of 
this section.
    (iii) If the owner or operator knows the specific chemical identity 
of the toxic chemical, does not know the specific concentration at which 
the chemical is present in the mixture or trade name product, has not 
been told the upper bound concentration of the chemical in the mixture 
or trade name product, and has not otherwise developed information on 
the composition of the chemical in the mixture or trade name product, 
then the owner or operator is not required to factor that chemical in 
that mixture or trade name product into threshold and release 
calculations for that chemical.
    (iv) If the owner or operator has been told that a mixture or trade 
name product contains a toxic chemical, does not know the specific 
chemical identity of the chemical and knows the specific concentration 
at which it is present in the mixture or trade name product, the owner 
or operator shall

[[Page 474]]

determine the weight of the chemical imported, processed, or otherwise 
used as part of the mixture or trade name product at the facility. Since 
the owner or operator does not know the specific identity of the toxic 
chemical, the owner or operator shall make the threshold determination 
only for the weight of the toxic chemical in the mixture or trade name 
product. If the owner or operator determines that the toxic chemical was 
imported, processed, or otherwise used as part of the mixture or trade 
name product in excess of an applicable threshold in Sec. 372.25, Sec. 
372.27, or Sec. 372.28, the owner or operator shall report the generic 
chemical name of the toxic chemical, or a trade name if the generic 
chemical name is not known, and all releases of the toxic chemical on 
EPA Form R in accordance with the instructions referred to in subpart E 
of this part.
    (v) If the owner or operator has been told that a mixture or trade 
name product contains a toxic chemical, does not know the specific 
chemical identity of the chemical, and does not know the specific 
concentration at which the chemical is present in the mixture or trade 
name product, but has been told the upper bound concentration of the 
chemical in the mixture or trade name product, the owner or operator 
shall assume that the toxic chemical is present in the mixture or trade 
name product at the upper bound concentration, shall determine whether 
the chemical has been imported, processed, or otherwise used at the 
facility in excess of an applicable threshold as provided in paragraph 
(b)(3)(iv) of this section, and shall report as provided in paragraph 
(b)(3)(iv) of this section.
    (vi) If the owner or operator has been told that a mixture or trade 
name product contains a toxic chemical, does not know the specific 
chemical identity of the chemical, does not know the specific 
concentration at which the chemical is present in the mixture or trade 
name product, including information they have themselves developed, and 
has not been told the upper bound concentration of the chemical in the 
mixture or trade name product, the owner or operator is not required to 
report with respect to that toxic chemical.
    (c) A covered facility may consist of more than one establishment. 
The owner or operator of such a facility at which a toxic chemical was 
manufactured (including imported), processed, or otherwise used in 
excess of an applicable threshold may submit a separate Form R for each 
establishment or for each group of establishments within the facility to 
report the activities involving the toxic chemical at each establishment 
or group of establishments, provided that activities involving that 
toxic chemical at all the establishments within the covered facility are 
reported. If each establishment or group of establishments files 
separate reports then for all other chemicals subject to reporting at 
that facility they must also submit separate reports. However, an 
establishment or group of establishments does not have to submit a 
report for a chemical that is not manufactured (including imported), 
processed, otherwise used, or released at that establishment or group of 
establishments.
    (d) Each report under this section for activities involving a toxic 
chemical that occurred during a calendar year at a covered facility must 
be submitted on or before July 1 of the next year. The first such report 
for calendar year 1987 activities must be submitted on or before July 1, 
1988.

[53 FR 4525, Feb. 16, 1988; 53 FR 12748, Apr. 18, 1988, as amended at 56 
FR 29185, June 26, 1991; 64 FR 58751, Oct. 29, 1999]



Sec. 372.38  Exemptions.

    (a) De minimis concentrations of a toxic chemical in a mixture. If a 
toxic chemical is present in a mixture of chemicals at a covered 
facility and the toxic chemical is in a concentration in the mixture 
which is below 1 percent of the mixture, or 0.1 percent of the mixture 
in the case of a toxic chemical which is a carcinogen as defined in 29 
CFR 1910.1200(d)(4), a person is not required to consider the quantity 
of the toxic chemical present in such mixture when determining whether 
an applicable threshold has been met under Sec. 372.25 or determining 
the amount of release to

[[Page 475]]

be reported under Sec. 372.30. This exemption applies whether the 
person received the mixture from another person or the person produced 
the mixture, either by mixing the chemicals involved or by causing a 
chemical reaction which resulted in the creation of the toxic chemical 
in the mixture. However, this exemption applies only to the quantity of 
the toxic chemical present in the mixture. If the toxic chemical is also 
manufactured (including imported), processed, or otherwise used at the 
covered facility other than as part of the mixture or in a mixture at 
higher concentrations, in excess of an applicable threshold quantity set 
forth in Sec. 372.25, the person is required to report under Sec. 
372.30. This exemption does not apply to toxic chemicals listed in Sec. 
372.28, except for purposes of Sec. 372.45(d)(1).
    (b) Articles. If a toxic chemical is present in an article at a 
covered facility, a person is not required to consider the quantity of 
the toxic chemical present in such article when determining whether an 
applicable threshold has been met under Sec. 372.25, Sec. 372.27, or 
Sec. 372.28 or determining the amount of release to be reported under 
Sec. 372.30. This exemption applies whether the person received the 
article from another person or the person produced the article. However, 
this exemption applies only to the quantity of the toxic chemical 
present in the article. If the toxic chemical is manufactured (including 
imported), processed, or otherwise used at the covered facility other 
than as part of the article, in excess of an applicable threshold 
quantity set forth in Sec. 372.25, Sec. 372.27, or Sec. 372.28, the 
person is required to report under Sec. 372.30. Persons potentially 
subject to this exemption should carefully review the definitions of 
article and release in Sec. 372.3. If a release of a toxic chemical 
occurs as a result of the processing or use of an item at the facility, 
that item does not meet the definition of article.
    (c) Uses. If a toxic chemical is used at a covered facility for a 
purpose described in this paragraph (c), a person is not required to 
consider the quantity of the toxic chemical used for such purpose when 
determining whether an applicable threshold has been met under Sec. 
372.25, Sec. 372.27, or Sec. 372.28 or determining the amount of 
releases to be reported under Sec. 372.30. However, this exemption only 
applies to the quantity of the toxic chemical used for the purpose 
described in this paragraph (c). If the toxic chemical is also 
manufactured (including imported), processed, or otherwise used at the 
covered facility other than as described in this paragraph (c), in 
excess of an applicable threshold quantity set forth in Sec. 372.25, 
Sec. 372.27, or Sec. 372.28, the person is required to report under 
Sec. 372.30.
    (1) Use as a structural component of the facility.
    (2) Use of products for routine janitorial or facility grounds 
maintenance. Examples include use of janitorial cleaning supplies, 
fertilizers, and pesticides similar in type or concentration to consumer 
products.
    (3) Personal use by employees or other persons at the facility of 
foods, drugs, cosmetics, or other personal items containing toxic 
chemicals, including supplies of such products within the facility such 
as in a facility operated cafeteria, store, or infirmary.
    (4) Use of products containing toxic chemicals for the purpose of 
maintaining motor vehicles operated by the facility.
    (5) Use of toxic chemicals present in process water and non-contact 
cooling water as drawn from the environment or from municipal sources, 
or toxic chemicals present in air used either as compressed air or as 
part of combustion.
    (d) Activities in laboratories. If a toxic chemical is manufactured, 
processed, or used in a laboratory at a covered facility under the 
supervision of a technically qualified individual as defined in Sec. 
720.3(ee) of this title, a person is not required to consider the 
quantity so manufactured, processed, or used when determining whether an 
applicable threshold has been met under Sec. 372.25, Sec. 372.27, or 
Sec. 372.28 or determining the amount of release to be reported under 
Sec. 372.30. This exemption does not apply in the following cases:
    (1) Specialty chemical production.
    (2) Manufacture, processing, or use of toxic chemicals in pilot 
plant scale operations.
    (3) Activities conducted outside the laboratory.

[[Page 476]]

    (e) Certain owners of leased property. The owner of a covered 
facility is not subject to reporting under Sec. 372.30 if such owner's 
only interest in the facility is ownership of the real estate upon which 
the facility is operated. This exemption applies to owners of facilities 
such as industrial parks, all or part of which are leased to persons who 
operate establishments within SIC code 20 through 39 where the owner has 
no other business interest in the operation of the covered facility.
    (f) Reporting by certain operators of establishments on leased 
property such as industrial parks. If two or more persons, who do not 
have any common corporate or business interest (including common 
ownership or control), operate separate establishments within a single 
facility, each such person shall treat the establishments it operates as 
a facility for purposes of this part. The determinations in Sec. Sec. 
372.22 and 372.25 shall be made for those establishments. If any such 
operator determines that its establishment is a covered facility under 
Sec. 372.22 and that a toxic chemical has been manufactured (including 
imported), processed, or otherwise used at the establishment in excess 
of an applicable threshold in Sec. 372.25, Sec. 372.27, or Sec. 
372.28 for a calendar year, the operator shall submit a report in 
accordance with Sec. 372.30 for the establishment. For purposes of this 
paragraph (f), a common corporate or business interest includes 
ownership, partnership, joint ventures, ownership of a controlling 
interest in one person by the other, or ownership of a controlling 
interest in both persons by a third person.
    (g) Coal extraction activities. If a toxic chemical is manufactured, 
processed, or otherwise used in extraction by facilities in SIC code 12, 
a person is not required to consider the quantity of the toxic chemical 
so manufactured, processed, or otherwise used when determining whether 
an applicable threshold has been met under Sec. 372.25, Sec. 372.27, 
or Sec. 372.28, or determining the amounts to be reported under Sec. 
372.30.
    (h) Metal mining overburden. If a toxic chemical that is a 
constituent of overburden is processed or otherwise used by facilities 
in SIC code 10, a person is not required to consider the quantity of the 
toxic chemical so processed, or otherwise used when determining whether 
an applicable threshold has been met under Sec. 372.25, Sec. 372.27, 
or Sec. 372.28, or determining the amounts to be reported under Sec. 
372.30.

[53 FR 4525, Feb. 16, 1988, as amended at 62 FR 23892, May 1, 1997; 64 
FR 58751, Oct. 29, 1999]

    Effective Date Note: At 71 FR 32477, June 6, 2006, Sec. 372.38 was 
amended by revising paragraphs (e), (g), and (h), effective Aug. 7, 
2006. For the convenience of the user, the revised text is set forth as 
follows:

Sec. 372.38  Exemptions.

                                * * * * *

    (e) Certain owners of leased property. The owner of a covered 
facility is not subject to reporting under Sec. 372.30 if such owner's 
only interest in the facility is ownership of the real estate upon which 
the facility is operated. This exemption applies to owners of facilities 
such as industrial parks, all or part of which are leased to persons who 
operate establishments in any SIC code or NAICS code in Sec. 372.23 
that is subject to the requirements of this part, where the owner has no 
other business interest in the operation of the covered facility.

                                * * * * *

    (g) Coal extraction activities. If a toxic chemical is manufactured, 
processed, or otherwise used in extraction by facilities in SIC code 12, 
or in NAICS codes 212111, 212112 or 212113, a person is not required to 
consider the quantity of the toxic chemical so manufactured, processed, 
or otherwise used when determining whether an applicable threshold has 
been met under Sec. 372.25, Sec. 372.27, or Sec. 372.28, or 
determining the amounts to be reported under Sec. 372.30.
    (h) Metal mining overburden. If a toxic chemical that is a 
constituent of overburden is processed or otherwise used by facilities 
in SIC code 10, or in NAICS codes 212221, 212222, 212231, 212234 or 
212299, a person is not required to consider the quantity of the toxic 
chemical so processed, or otherwise used when determining whether an 
applicable threshold has been met under Sec. 372.25, Sec. 372.27, or 
Sec. 372.28, or determining the amounts to be reported under Sec. 
372.30.



              Subpart C_Supplier Notification Requirements



Sec. 372.45  Notification about toxic chemicals.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section and

[[Page 477]]

Sec. 372.65, a person who owns or operates a facility or establishment 
which:
    (1) Is in Standard Industrial Classification codes 20 through 39 as 
set forth in paragraph (b) of Sec. 372.22,
    (2) Manufactures (including imports) or processes a toxic chemical, 
and
    (3) Sells or otherwise distributes a mixture or trade name product 
containing the toxic chemical, to (i) a facility described in Sec. 
372.22, or (ii) to a person who in turn may sell or otherwise 
distributes such mixture or trade name product to a facility described 
in Sec. 372.22(b), must notify each person to whom the mixture or trade 
name product is sold or otherwise distributed from the facility or 
establishment in accordance with paragraph (b) of this section.
    (b) The notification required in paragraph (a) of this section shall 
be in writing and shall include:
    (1) A statement that the mixture or trade name product contains a 
toxic chemical or chemicals subject to the reporting requirements of 
section 313 of Title III of the Superfund Amendments and Reauthorization 
Act of 1986 and 40 CFR part 372.
    (2) The name of each toxic chemical, and the associated Chemical 
Abstracts Service registry number of each chemical if applicable, as set 
forth in Sec. 372.65.
    (3) The percent by weight of each toxic chemical in the mixture or 
trade name product.
    (c) Notification under this section shall be provided as follows:
    (1) For a mixture or trade name product containing a toxic chemical 
listed in Sec. 373.65 with an effective date of January 1, 1987, the 
person shall provide the written notice described in paragraph (b) of 
this section to each recipient of the mixture or trade name product with 
at least the first shipment of each mixture or trade name product to 
each recipient in each calendar year beginning January 1, 1989.
    (2) For a mixture or trade name product containing a toxic chemical 
listed in Sec. 372.65 with an effective date of January 1, 1989 or 
later, the person shall provide the written notice described in 
paragraph (b) of this section to each recipient of the mixture or trade 
name product with at least the first shipment of the mixture or trade 
name product to each recipient in each calendar year beginning with the 
applicable effective date.
    (3) If a person changes a mixture or trade name product for which 
notification was previously provided under paragraph (b) of this section 
by adding a toxic chemical, removing a toxic chemical, or changing the 
percent by weight of a toxic chemical in the mixture or trade name 
product, the person shall provide each recipient of the changed mixture 
or trade name product a revised notification reflecting the change with 
the first shipment of the changed mixture or trade name product to the 
recipient.
    (4) If a person discovers (i) that a mixture or trade name product 
previously sold or otherwise distributed to another person during the 
calendar year of the discovery contains one or more toxic chemicals and 
(ii), that any notification provided to such other persons in that 
calendar year for the mixture or trade name product either did not 
properly identify any of the toxic chemicals or did not accurately 
present the percent by weight of any of the toxic chemicals in the 
mixture or trade name product, the person shall provide a new 
notification to the recipient within 30 days of the discovery which 
contains the information described in paragraph (b) of this section and 
identifies the prior shipments of the mixture or product in that 
calendar year to which the new notification applies.
    (5) If a Material Safety Data Sheet (MSDS) is required to be 
prepared and distributed for the mixture or trade name product in 
accordance with 29 CFR 1910.1200, the notification must be attached to 
or otherwise incorporated into such MSDS. When the notification is 
attached to the MSDS, the notice must contain clear instructions that 
the notifications must not be detached from the MSDS and that any 
copying and redistribution of the MSDS shall include copying and 
redistribution of the notice attached to copies of the MSDS subsequently 
redistributed.
    (d) Notifications are not required in the following instances:
    (1) If a mixture or trade name product contains no toxic chemical in 
excess of the applicable de minimis concentration as specified in Sec. 
372.38(a).

[[Page 478]]

    (2) If a mixture or trade name product is one of the following:
    (i) An article as defined in Sec. 372.3
    (ii) Foods, drugs, cosmetics, alcoholic beverages, tobacco, or 
tobacco products packaged for distribution to the general public.
    (iii) Any consumer product as the term is defined in the Consumer 
Product Safety Act (15 U.S.C. 1251 et seq.) packaged for distribution to 
the general public.
    (e) If the person considers the specific identity of a toxic 
chemical in a mixture or trade name product to be a trade secret under 
provisions of 29 CFR 1910.1200, the notice shall contain a generic 
chemical name that is descriptive of that toxic chemical.
    (f) If the person considers the specific percent by weight 
composition of a toxic chemical in the mixture or trade name product to 
be a trade secret under applicable State law or under the Restatement of 
Torts section 757, comment b, the notice must contain a statement that 
the chemical is present at a concentration that does not exceed a 
specified upper bound concentration value. For example, a mixture 
contains 12 percent of a toxic chemical. However, the supplier considers 
the specific concentration of the toxic chemical in the product to be a 
trade secret. The notice would indicate that the toxic chemical is 
present in the mixture in a concentration of no more than 15 percent by 
weight. The upper bound value chosen must be no larger than necessary to 
adequately protect the trade secret.
    (g) A person is not subject to the requirements of this section to 
the extent the person does not know that the facility or 
establishment(s) is selling or otherwise distributing a toxic chemical 
to another person in a mixture or trade name product. However, for 
purposes of this section, a person has such knowledge if the person 
receives a notice under this section from a supplier of a mixture or 
trade name product and the person in turn sells or otherwise distributes 
that mixture or trade name product to another person.
    (h) If two or more persons, who do not have any common corporate or 
business interest (including common ownership or control), as described 
in Sec. 372.38(f), operate separate establishments within a single 
facility, each such persons shall treat the establishment(s) it operates 
as a facility for purposes of this section. The determination under 
paragraph (a) of this section shall be made for those establishments.

[53 FR 4525, Feb. 16, 1988; 53 FR 12748, Apr. 18, 1988]

    Effective Date Note: At 71 FR 32477, June 6, 2006, Sec. 372.45 was 
amended by revising paragraph (a)(1), effective Aug. 7, 2006. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 372.45  Notification about toxic chemicals.

    (a) * * *
    (1) Is in SIC codes 20 through 39 or a NAICS code that corresponds 
to SIC codes 20 through 39 as set forth in Sec. 372.23(b),



               Subpart D_Specific Toxic Chemical Listings



Sec. 372.65  Chemicals and chemical categories to which this part 
applies.

    The requirements of this part apply to the following chemicals and 
chemical categories. This section contains three listings. Paragraph (a) 
of this section is an alphabetical order listing of those chemicals that 
have an associated Chemical Abstracts Service (CAS) Registry number. 
Paragraph (b) of this section contains a CAS number order list of the 
same chemicals listed in paragraph (a) of this section. Paragraph (c) of 
this section contains the chemical categories for which reporting is 
required. These chemical categories are listed in alphabetical order and 
do not have CAS numbers. Each listing identifies the effective date for 
reporting under Sec. 372.30.
    (a) Alphabetical listing.

------------------------------------------------------------------------
                                                               Effective
                Chemical name                      CAS No.        date
------------------------------------------------------------------------
Abamectin [Avermectin B1]....................      71751-41-2     1/1/95
Acephate (Acetylphosphoramidothioic acid O,S-      30560-19-1     1/1/95
 dimethyl ester).............................
Acetaldehyde.................................         75-07-0     1/1/87
Acetamide....................................         60-35-5     1/1/87

[[Page 479]]

 
Acetonitrile.................................         75-05-8     1/1/87
Acetophenone.................................         98-86-2     1/1/94
2-Acetylaminofluorene........................         53-96-3     1/1/87
Acifluorfen, sodium salt [5-(2-Chloro-4-           62476-59-9     1/1/95
 (trifluoromethyl)phenoxy)-2-nitrobenzoic
 acid, sodium salt]..........................
Acrolein.....................................        107-02-8     1/1/87
Acrylamide...................................         79-06-1     1/1/87
Acrylic acid.................................         79-10-7     1/1/87
Acrylonitrile................................        107-13-1     1/1/87
Alachlor.....................................      15972-60-8     1/1/95
Aldicarb.....................................        116-06-3     1/1/95
Aldrin[1,4:5,8-                                      309-00-2     1/1/87
 Dimethanonaphthalene,1,2,3,4,10,10-
 hexachloro-1,4,4a,5,8,8a-hexahydro-
 (1.alpha.,4.alpha.,4a.beta.,5.alpha.,8.alpha
 ., 8a.beta.)-]..............................
d-trans-Allethrin [d-trans-Chrysanthemic acid      28057-48-9     1/1/95
 of d-allethrone]............................
Allyl alcohol................................        107-18-6     1/1/90
Allylamine...................................        107-11-9     1/1/95
Allyl chloride...............................        107-05-1     1/1/87
Aluminum (fume or dust)......................       7429-90-5     1/1/87
Aluminum oxide (fibrous forms)...............       1344-28-1     1/1/87
Aluminum phosphide...........................      20859-73-8     1/1/95
Ametryn (N-Ethyl-N'-(1-methylethyl)-6-               834-12-8     1/1/95
 (methylthio)-1,3,5,-triazine-2,4-diamine)...
2-Aminoanthraquinone.........................        117-79-3     1/1/87
4-Aminoazobenzene............................         60-09-3     1/1/87
4-Aminobiphenyl..............................         92-67-1     1/1/87
1-Amino-2-methylanthraquinone................         82-28-0     1/1/87
Amitraz......................................      33089-61-1     1/1/95
Amitrole.....................................         61-82-5     1/1/94
Ammonia (includes anhydrous ammonia and             7664-41-7     1/1/87
 aqueous ammonia from water dissociable
 ammonium salts and other sources; 10 percent
 of total aqueous ammonia is reportable under
 this listing)...............................
Ammonium nitrate (solution)..................       6484-52-2    1/1/87*
Anilazine [4,6-dichloro-N-(2-chlorophenyl)-          101-05-3     1/1/95
 1,3,5-triazin-2-amine]......................
Aniline......................................         62-53-3     1/1/87
o-Anisidine..................................         90-04-0     1/1/87
p-Anisidine..................................        104-94-9     1/1/87
o-Anisidine hydrochloride....................        134-29-2     1/1/87
Anthracene...................................        120-12-7     1/1/87
Antimony.....................................       7440-36-0     1/1/87
Arsenic......................................       7440-38-2     1/1/87
Asbestos (friable)...........................       1332-21-4     1/1/87
Atrazine (6-Chloro-N-ethyl-N'-(1-methylethyl)-      1912-24-9     1/1/95
 1,3,5,-triazine-2,4-diamine)................
Barium.......................................       7440-39-3     1/1/87
Bendiocarb [2,2-Dimethyl-1,3-benzodioxol-4-ol      22781-23-3     1/1/95
 methylcarbamate]............................
Benfluralin (N-Butyl-N-ethyl-2,6-dinitro-4-         1861-40-1     1/1/95
 (trifluoromethyl)benzenamine)...............
Benomyl......................................      17804-35-2     1/1/95
Benzal chloride..............................         98-87-3     1/1/87
Benzamide....................................         55-21-0     1/1/87
Benzene......................................         71-43-2     1/1/87
Benzidine....................................         92-87-5     1/1/87
Benzo(g,h,i)perylene.........................      00191-24-2       1/00
Benzoic trichloride (Benzotrichloride).......         98-07-7     1/1/87
Benzoyl chloride.............................         98-88-4     1/1/87
Benzoyl peroxide.............................         94-36-0     1/1/87
Benzyl chloride..............................        100-44-7     1/1/87
Beryllium....................................       7440-41-7     1/1/87
Bifenthrin...................................      82657-04-3     1/1/95
Biphenyl.....................................         92-52-4     1/1/87
Bis(2-chloroethoxy)methane...................        111-91-1     1/1/94
Bis(2-chloroethyl) ether.....................        111-44-4     1/1/87
Bis(chloromethyl) ether......................        542-88-1     1/1/87
Bis(2-chloro-1-methylethyl) ether............        108-60-1     1/1/87
Bis(tributylin) oxide........................         56-35-9     1/1/95
Boron trichloride............................      10294-34-5     1/1/95
Boron trifluoride............................       7637-07-2     1/1/95
Bromacil (5-Bromo-6-methyl-3-(1-methylpropyl)-       314-40-9     1/1/95
 2,4-(1H,3H)-pyrimidinedione)................
Bromacil, lithium salt [2,4-(1H,3H)-               53404-19-6     1/1/95
 Pyrimidinedione, 5-bromo-6-methyl-3-(1-
 methylpropyl), lithium salt]................
Bromine......................................       7726-95-6     1/1/95
1-Bromo-1-(bromomethyl)-1,3-                       35691-65-7     1/1/95
 propanedicarbonitrile.......................
Bromochlorodifluoromethane (Halon 1211)......        353-59-3     7/8/90
Bromoform (Tribromomethane)..................         75-25-2     1/1/87
Bromomethane (Methyl bromide)................         74-83-9     1/1/87
Bromotrifluoromethane (Halon 1301)...........         75-63-8     7/8/90
Bromoxynil (3,5-Dibromo-4-                          1689-84-5     1/1/95
 hydroxybenzonitrile)........................
Bromoxynil octanoate (Octanoic acid, 2,6-           1689-99-2     1/1/95
 dibromo-4-cyanophenyl ester)................

[[Page 480]]

 
Brucine......................................        357-57-3     1/1/95
1,3-Butadiene................................        106-99-0     1/1/87
Butyl acrylate...............................        141-32-2     1/1/87
n-Butyl alcohol..............................         71-36-3     1/1/87
sec-Butyl alcohol............................         78-92-2     1/1/87
tert-Butyl alcohol...........................         75-65-0     1/1/87
1,2-Butylene oxide...........................        106-88-7     1/1/87
Butyraldehyde................................        123-72-8     1/1/87
C.I. Acid Green 3............................       4680-78-8     1/1/87
C.I. Basic Green 4...........................        569-64-2     1/1/87
C.I. Acid Red 114............................       6459-94-5     1/1/95
C.I. Basic Red 1.............................        989-38-8     1/1/87
C.I. Direct Black 38.........................       1937-37-7     1/1/87
C.I. Direct Blue 6...........................       2602-46-2     1/1/87
C.I. Direct Blue 218.........................      28407-37-6     1/1/95
C.I. Direct Brown 95.........................      16071-86-6     1/1/87
C.I. Disperse Yellow 3.......................       2832-40-8     1/1/87
C.I. Food Red 5..............................       3761-53-3     1/1/87
C.I. Food Red 15.............................         81-88-9     1/1/87
C.I. Solvent Orange 7........................       3118-97-6     1/1/87
C.I. Solvent Yellow 3........................         97-56-3     1/1/87
C.I. Solvent Yellow 14.......................        842-07-9     1/1/87
C.I. Solvent Yellow 34 (Aurimine)............        492-80-8     1/1/87
C.I. Vat Yellow 4............................        128-66-5     1/1/87
Cadmium......................................       7440-43-9     1/1/87
Calcium cyanamide............................        156-62-7     1/1/87
Captan[1H-Isoindole-1,3(2H)-dione,3a,4,7,7a-         133-06-2     1/1/87
 tetrahydro-2-[(trichloromethyl)thio]-]......
Carbaryl [1-Naphthalenol, methylcarbamate]...         63-25-2     1/1/87
Carbofuran...................................       1563-66-2     1/1/95
Carbon disulfide.............................         75-15-0     1/1/87
Carbon tetrachloride.........................         56-23-5     1/1/87
Carbonyl sulfide.............................        463-58-1     1/1/87
Carboxin (5,6-Dihydro-2-methyl-N-phenyl-1,4-        5234-68-4     1/1/95
 oxathiin-3-carboxamide).....................
Catechol.....................................        120-80-9     1/1/87
Chinomethionat [6-Methyl-1,3-dithiolo[4,5-          2439-01-2     1/1/95
 b]quinoxalin-2-one].........................
Chloramben [Benzoic acid,3-amino-2,5-dichloro-       133-90-4     1/1/87
 ]...........................................
Chlordane [4,7-Methanoindan,1,2,4,5,6,7,8,8-          57-74-9     1/1/87
 octachloro-2,3,3a,4,7,7a-hexahydro-]........
Chlorendic acid..............................        115-28-6     1/1/95
Chlorimuron ethyl [Ethyl-2-[[[(4-chloro-6-         90982-32-4     1/1/95
 methoxyprimidin-2-yl)-carbonyl]-
 amino]sulfonyl]benzoate]....................
Chlorine.....................................       7782-50-5     1/1/87
Chlorine dioxide.............................      10049-04-4     1/1/87
Chloroacetic acid............................         79-11-8     1/1/87
2-Chloroacetophenone.........................        532-27-4     1/1/87
1-(3-Chloroallyl)-3,5,7-triaza-1-                   4080-31-3     1/1/95
 azoniaadamantane chloride...................
p-Chloroaniline..............................        106-47-8     1/1/95
Chlorobenzene................................        108-90-7     1/1/87
Chlorobenzilate [Benzeneacetic acid, 4-chloro-       510-15-6     1/1/87
 .alpha.-(4-.chlorophenyl)-.alpha.-hydroxy-,
 ethyl ester]................................
1-Chloro-1,1-difluoroethane (HCFC-142b)......         75-68-3     1/1/94
Chlorodifluoromethane (HCFC-22)..............         75-45-6     1/1/94
Chloroethane (Ethyl chloride)................         75-00-3     1/1/87
Chloroform...................................         67-66-3     1/1/87
Chloromethane (Methyl chloride)..............         74-87-3     1/1/87
Chloromethyl methyl ether....................        107-30-2     1/1/87
3-Chloro-2-methyl-1-propene..................        563-47-3     1/1/95
p-Chlorophenyl isocyanate....................        104-12-1     1/1/95
Chloropicrin.................................         76-06-2     1/1/95
Chloroprene..................................        126-99-8     1/1/87
3-Chloropropionitrile........................        542-76-7     1/1/95
Chlorotetrafluoroethane......................      63938-10-3     1/1/94
1-Chloro-1,1,2,2-tetrafluoroethane (HCFC-            354-25-6     1/1/94
 124a).......................................
2-Chloro-1,1,1,2-tetrafluoroethane (HCFC-124)       2837-89-0     1/1/94
Chlorothalonil [1,3-                                1897-45-6     1/1/87
 Benzenedicarbonitrile,2,4,5,6-tetrachloro-].
p-Chloro-o-toluidine.........................         95-69-2     1/1/95
2-Chloro-1,1,1-trifluoro-ethane (HCFC-133a)..         75-88-7     1/1/95
Chlorotrifluoromethane (CFC-13)..............         75-72-9     1/1/95
3-Chloro-1,1,1-trifluoro-propane (HCFC-253fb)        460-35-5     1/1/95
Chlorpyrifos methyl [O,O-dimethyl-O-(3,5,6-         5598-13-0     1/1/95
 trichloro-2-pyridyl)phosphorothioate........
Chlorsulfuron [2-chloro-N-[[4-methoxy-6-           64902-72-3     1/1/95
 methyl-1,3,5-triazin-2-
 yl)amino]carbonyl]benzenesulfonamide].......
Chromium.....................................       7440-47-3     1/1/87
Cobalt.......................................       7440-48-4     1/1/87
Copper.......................................       7440-50-8     1/1/87
Creosote.....................................       8001-58-9     1/1/90

[[Page 481]]

 
p-Cresidine..................................        120-71-8     1/1/87
Cresol (mixed isomers).......................       1319-77-3     1/1/87
m-Cresol.....................................        108-39-4     1/1/87
o-Cresol.....................................         95-48-7     1/1/87
p-Cresol.....................................        106-44-5     1/1/87
Crotonaldehyde...............................       4170-30-3     1/1/95
Cumene.......................................         98-82-8     1/1/87
Cumene hydroperoxide.........................         80-15-9     1/1/87
Cupferron[Benzeneamine, N-hydroxy-N-nitroso,         135-20-6     1/1/87
 ammonium salt]..............................
Cyanazine....................................      21725-46-2     1/1/95
Cycloate.....................................       1134-23-2     1/1/95
Cyclohexane..................................        110-82-7     1/1/87
Cyclohexanol.................................        108-93-0     1/1/95
Cyfluthrin [3-(2,2-Dichloroethenyl)-2,2-           68359-37-5     1/1/95
 dimethylcyclopropanecarboxylic acid, cyano(4-
 fluoro-3-phenoxyphenyl)methyl ester]........
Cyhalothrin [3-(2-Chloro-3,3,3-trifluoro-1-        68085-85-8     1/1/95
 propenyl)-2,2-dimethylcyclopropanecarboxylic
 acid cyano(3-phenoxyphenyl)methyl ester]....
2,4-D [Acetic acid, (2,4-dichlorophenoxy)-]..         94-75-7     1/1/87
Dazomet(Tetrahydro-3,5-dimethyl-2H-1,3,5-            533-74-4     1/1/95
 thiadiazine-2-thione).......................
Dazomet, sodium salt [Tetrahydro-3,5-dimethyl-     53404-60-7     1/1/95
 2H-1,3,5-thiadiazine-2-thione, ion(1-),
 sodium].....................................
2,4,-DB......................................         94-82-6     1/1/95
2,4-D butoxyethyl ester......................       1929-73-3     1/1/95
2,4-D butyl ester............................         94-80-4     1/1/95
2,4-D chlorocrotyl ester.....................       2971-38-2     1/1/95
Decabromodiphenyl oxide......................       1163-19-5     1/1/87
Desmedipham..................................      13684-56-5     1/1/95
2,4-D 2-ethylhexyl ester.....................       1928-43-4     1/1/95
2,4-D 2-ethyl-4-methylpentyl ester...........      53404-37-8     1/1/95
Diallate [Carbamothioic acid, bis(1-                2303-16-4     1/1/87
 methylethyl)-, S-(2,3-dichloro-2-propenyl)
 ester]......................................
2,4-Diaminoanisole...........................        615-05-4     1/1/87
2,4-Diaminoanisole sulfate...................      39156-41-7     1/1/87
4,4'-Diaminodiphenyl ether...................        101-80-4     1/1/87
Diaminotoluene (mixed isomers)...............      25376-45-8     1/1/87
2,4-Diaminotoluene...........................         95-80-7     1/1/87
Diazinon.....................................        333-41-5     1/1/95
Diazomethane.................................        334-88-3     1/1/87
Dibenzofuran.................................        132-64-9     1/1/87
1,2-Dibromo-3-chloropropane (DBCP)...........         96-12-8     1/1/87
2,2-Dibromo-3-nitrilopropionamide............      10222-01-2     1/1/95
1,2-Dibromoethane (Ethylene dibromide).......        106-93-4     1/1/87
Dibromotetrafluoroethane (Halon 2402)........        124-73-2     7/8/90
Dibutyl phthalate............................         84-74-2     1/1/87
Dicamba (3,6-Dichloro-2-methoxybenzoic acid).       1918-00-9     1/1/95
Dichloran [2,6-Dichloro-4-nitroaniline]......         99-30-9     1/1/95
Dichlorobenzene (mixed isomers)..............      25321-22-6     1/1/87
1,2-Dichlorobenzene..........................         95-50-1     1/1/87
1,3-Dichlorobenzene..........................        541-73-1     1/1/87
1,4-Dichlorobenzene..........................        106-46-7     1/1/87
3,3'-Dichlorobenzidine.......................         91-94-1     1/1/87
3,3'-Dichlorobenzidine dihydrochloride.......        612-83-9     1/1/95
3,3'-Dichlorobenzidine sulfate...............      64969-34-2     1/1/95
Dichlorobromomethane.........................         75-27-4     1/1/87
1,4-Dichloro-2-butene........................        764-41-0     1/1/94
trans-1,4-Dichloro-2-butene..................        110-57-6     1/1/95
1,2-Dichloro-1,1-difluoroethane (HCFC-132b)..       1649-08-7     1/1/95
Dichlorodifluoromethane (CFC-12).............         75-71-8     7/8/90
Dichlorofluoromethane (HCFC-21)..............         75-43-4     1/1/95
1,2-Dichloroethane (Ethylene dichloride).....        107-06-2     1/1/87
1,2-Dichlorethylene..........................        540-59-0     1/1/87
1,1-Dichloro-1-fluoroethane (HCFC-141b)......       1717-00-6     1/1/94
Dichloromethane (Methylene chloride).........         75-09-2     1/1/87
Dichloropentafluoropropane...................     127564-92-5     1/1/95
1,1-dichloro-1,2,2,3,3-pentafluoropropane          13474-88-9     1/1/95
 (HCFC-225cc)................................
1,1-dichloro-1,2,3,3,3-pentafluoropropane         111512-56-2     1/1/95
 (HCFC-225eb)................................
1,2-dichloro-1,1,2,3,3-pentafluoropropane            422-44-6     1/1/95
 (HCFC-225bb)................................
1,2-dichloro-1,1,3,3,3-pentafluoropropane            431-86-7     1/1/95
 (HCFC-225da)................................
1,3-dichloro-1,1,2,2,3-pentafluoropropane            507-55-1     1/1/95
 (HCFC-225cb)................................
1,3-dichloro-1,1,2,3,3-pentafluoropropane         136013-79-1     1/1/95
 (HCFC-225ea)................................
2,2-dichloro-1,1,1,3,3-pentafluoropropane         128903-21-9     1/1/95
 (HCFC-225aa)................................
2,3-dichloro-1,1,1,2,3-pentafluoropropane            422-48-0     1/1/95
 (HCFC-225ba)................................
3,3-dichloro-1,1,1,2,2-pentafluoropropane            422-56-0     1/1/95
 (HCFC-225ca)................................
Dichlorophene [ 2,2'-Methylene-bis(4-                 97-23-4     1/1/95
 chlorophenol)]..............................
2,4-Dichlorophenol...........................        120-83-2     1/1/87

[[Page 482]]

 
1,2-Dichloropropane..........................         78-87-5     1/1/87
2,3-Dichloropropene..........................         78-88-6     1/1/90
trans-1,3-Dichloropropene....................      10061-02-6     1/1/95
1,3-Dichloropropylene........................        542-75-6     1/1/87
Dichlorotetrafluoroethane (CFC-114)..........         76-14-2     7/8/90
Dichlorotrifluoroethane......................      34077-87-7     1/1/94
Dichloro-1,1,2-trifluoroethane...............      90454-18-5     1/1/94
1,1-Dichloro-1,2,2-trifluoroethane (HCFC-            812-04-4     1/1/94
 123b).......................................
1,2-Dichloro-1,1,2-trifluoroethane (HCFC-            354-23-4     1/1/94
 123a).......................................
2,2-Dichloro-1,1,1-trifluoroethane (HCFC-123)        306-83-2     1/1/94
Dichlorvos [Phosphoric acid, 2,2-                     62-73-7     1/1/87
 dichloroethenyl dimethyl ester].............
Diclofop methyl [2-[4-(2,4-                        51338-27-3     1/1/95
 Dichlorophenoxy)phenoxy]propanoic acid,
 methyl ester]...............................
Dicofol [Benzenemethanol,4-chloro-.alpha.-(4-        115-32-2     1/1/87
 chlorophenyl)-.alpha.-(trichloromethyl)-]...
Dicyclopentadiene............................         77-73-6     1/1/95
Diepoxybutane................................       1464-53-5     1/1/87
Diethanolamine...............................        111-42-2     1/1/87
Diethatyl ethyl..............................      38727-55-8     1/1/95
Di (2-ethylhexyl)phthalate...................        117-81-7     1/1/87
Diethyl sulfate..............................         64-67-5     1/1/87
Diflubenzuron................................      35367-38-5     1/1/95
Diglycidyl resorcinol ether..................        101-90-6     1/1/95
Dimethipin [2,3,-Dihydro-5,6-dimethyl-1,4-         55290-64-7     1/1/95
 dithiin-1,1,4,4-tetraoxide].................
Dimethoate...................................         60-51-5     1/1/95
Dihydrosafrole...............................         94-58-6     1/1/94
3,3'-Dimethoxybenzidine......................        119-90-4     1/1/87
3,3'-Dimethoxybenzidine dihydrochloride (o-        20325-40-0     1/1/95
 Dianisidine dihydrochloride)................
3,3'-Dimethoxybenzidine hydrochloride (o-         111984-09-9     1/1/95
 Dianisidine hydrochloride)..................
Dimethylamine................................        124-40-3     1/1/95
Dimethylamine dicamba........................       2300-66-5     1/1/95
4-Dimethylaminoazobenzene....................         60-11-7     1/1/87
3,3'-Dimethylbenzidine (o-Tolidine)..........        119-93-7     1/1/87
3,3'-Dimethylbenzidine dihydrochloride (o-           612-82-8     1/1/95
 Tolidine dihydrochloride)...................
3,3'-Dimethylbenzidine dihydrofluoride (o-         41766-75-0     1/1/95
 Tolidine dihydrofluoride)...................
Dimethylcarbamyl chloride....................         79-44-7     1/1/87
Dimethyl chlorothiophosphate.................       2524-03-0     1/1/95
N,N-Dimethylformamide........................         68-12-2     1/1/95
1,1-Dimethyl hydrazine.......................         57-14-7     1/1/87
2,4-Dimethylphenol...........................        105-67-9     1/1/87
Dimethyl phthalate...........................        131-11-3     1/1/87
Dimethyl sulfate.............................         77-78-1     1/1/87
m-Dinitrobenzene.............................         99-65-0     1/1/90
o-Dinitrobenzene.............................        528-29-0     1/1/90
p-Dinitrobenzene.............................        100-25-4     1/1/90
Dinitrobutyl phenol (Dinoseb)................         88-85-7     1/1/95
Dinocap......................................      39300-45-3     1/1/95
4,6-Dinitro-o-cresol.........................        534-52-1     1/1/87
2,4-Dinitrophenol............................         51-28-5     1/1/87
2,4-Dinitrotoluene...........................        121-14-2     1/1/87
2,6-Dinitrotoluene...........................        606-20-2     1/1/87
Dinitrotoluene (mixed isomers)...............      25321-14-6     1/1/90
1,4-Dioxane..................................        123-91-1     1/1/87
Diphenamid...................................        957-51-7     1/1/95
Diphenylamine................................        122-39-4     1/1/95
1,2-Diphenylhydrazine (Hydrazobenzene).......        122-66-7     1/1/87
Dipotassium endothall [7-                           2164-07-0     1/1/95
 Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic
 acid, dipotassium salt].....................
Dipropyl isocinchomeronate...................        136-45-8     1/1/95
Disodium cyanodithioimidocarbonate...........        138-93-2     1/1/95
2,4-D isopropyl ester........................         94-11-1     1/1/95
2,4-Dithiobiuret.............................        541-53-7     1/1/95
Diuron.......................................        330-54-1     1/1/95
Dodine [Dodecylguanidine monoacetate]........       2439-10-3     1/1/95
2,4,-DP......................................        120-36-5     1/1/95
2,4-D propylene glycol butyl ether ester.....       1320-18-9     1/1/95
2,4-D sodium salt............................       2702-72-9     1/1/95
Epichlorohydrin..............................        106-89-8     1/1/87
Ethoprop [Phosphorodithioic acid O-ethyl S,S-      13194-48-4     1/1/95
 dipropyl ester].............................
2-Ethoxyethanol..............................        110-80-5     1/1/87
Ethyl acrylate...............................        140-88-5     1/1/87
Ethylbenzene.................................        100-41-4     1/1/87
Ethyl chloroformate..........................        541-41-3     1/1/87
Ethyl dipropylthiocarbamate [EPTC]...........        759-94-4     1/1/95
Ethylene.....................................         74-85-1     1/1/87
Ethylene glycol..............................        107-21-1     1/1/87

[[Page 483]]

 
Ethyleneimine(Aziridine).....................        151-56-4     1/1/87
Ethylene oxide...............................         75-21-8     1/1/87
Ethylene thiourea............................         96-45-7     1/1/87
Ethylidene dichloride........................         75-34-3     1/1/94
Famphur......................................         52-85-7     1/1/95
Fenarimol [.alpha.-(2-Chlorophenyl)-.alpha.-4-     60168-88-9     1/1/95
 chlorophenyl)-5-pyrimidinemethanol].........
Fenbutatin oxide (Hexakis(2-methyl-2-phenyl-       13356-08-6     1/1/95
 propyl)distannoxane)........................
Fenoxaprop ethyl [2-(4-((6-Chloro-2-               66441-23-4     1/1/95
 benzoxazolylen)oxy)phenoxy)propanoic
 acid,ethyl ester]...........................
Fenoxycarb [2-(4-                                  72490-01-8     1/1/95
 Phenoxyphenoxy)ethyl]carbamic acid ethyl
 ester]......................................
Fenpropathrin [2,2,3,3-                            39515-41-8     1/1/95
 Tetramethylcyclopropane carboxylic acid
 cyano(3-phenoxy-phenyl)methyl ester]........
Fenthion [O,O-Dimethyl O-[3-methyl-4-                 55-38-9     1/1/95
 (methylthio)phenyl]ester, phosphorothioic
 acid].......................................
Fenvalerate [4-Chloro-alpha-(1-                    51630-58-1     1/1/95
 methylethyl)benzeneacetic acid cyano(3-
 phenoxyphenyl)methyl ester].................
Ferbam [Tris(dimethylcarbamo-dithioato-            14484-64-1     1/1/95
 S,S')iron]..................................
Fluazifop-butyl [2-[4-[[5-(Trifluoromethyl)-2-     69806-50-4     1/1/95
 pyridinyl]oxy]-phenoxy]propanoic acid, butyl
 ester]......................................
Fluorine.....................................       7782-41-4     1/1/95
Fluorouracil (5-Fluorouracil)................         51-21-8     1/1/95
Fluvalinate [N-[2-Chloro-4-                        69409-94-5     1/1/95
 (trifluoromethyl)phenyl]-DL-valine(+)-cyano
 (3-phenoxyphenyl)methyl ester]..............
Folpet.......................................        133-07-3     1/1/95
Fomesafen [5-(2-Chloro-4-                          72178-02-0     1/1/95
 (trifluoromethyl)phenoxy)-N-methylsulfonyl)-
 2-nitrobenzamide]...........................
Fluometuron [Urea, N,N-dimethyl-N'-[3-              2164-17-2     1/1/87
 (trifluoromethyl)phenyl]-]..................
Formaldehyde.................................         50-00-0     1/1/87
Formic acid..................................         64-18-6     1/1/94
Freon 113 [Ethane, 1,1,2-trichloro-1,2,2-             76-13-1     1/1/87
 trifluoro-].................................
Heptachlor[1,4,5,6,7,8,8-Heptachloro-                 76-44-8     1/1/87
 3a,4,7,7a-tetrahydro-4,7-methano-1H-indene].
Hexachlorobenzene............................        118-74-1     1/1/87
Hexachloro-1,3-butadiene.....................         87-68-3     1/1/87
alpha-Hexachlorocyclohexane..................        319-84-6     1/1/95
Hexachlorocyclopentadiene....................         77-47-4     1/1/87
Hexachloroethane.............................         67-72-1     1/1/87
Hexachloronaphthalene........................       1335-87-1     1/1/87
Hexachlorophene..............................         70-30-4     1/1/94
Hexamethylphosphoramide......................        680-31-9     1/1/87
n-Hexane.....................................        110-54-3     1/1/95
Hexazinone...................................      51235-04-2     1/1/95
Hydramethylnon [Tetrahydro-5,5-dimethyl-2(1H)-     67485-29-4     1/1/95
 pyrimidinone[3-[4-(trifluoromethyl)phenyl]-1-
 [2-[4-(trifluoromethyl)phenyl]ethenyl]-2-
 propenylidene]hydrazone]....................
Hydrazine....................................        302-01-2     1/1/87
Hydrazine sulfate............................      10034-93-2     1/1/87
Hydrochloric acid (acid aerosols including          7647-01-0     1/1/87
 mists, vapors, gas, fog, and other airborne
 forms of any particle size).................
Hydrogen cyanide.............................         74-90-8     1/1/87
Hydrogen fluoride............................       7664-39-3     1/1/87
Hydrogen sulfide.............................       7783-06-4     1/1/94
Hydroquinone.................................        123-31-9     1/1/87
Imazalil [1-[2-(2,4-Dichlorophenyl)-2-(2-          35554-44-0     1/1/95
 propenyloxy)ethyl]-1H-imidazole]............
3-Iodo-2-propynyl butylcarbamate.............      55406-53-6     1/1/95
Iron pentacarbonyl...........................      13463-40-6     1/1/95
Isobutyraldehyde.............................         78-84-2     1/1/87
Isodrin......................................        465-73-6     1/1/95
Isofenphos [2-[[Ethoxyl[(1-                        25311-71-1     1/1/95
 methylethyl)amino]phosphinothioyl]oxy]benzoi
 c acid 1-methylethyl ester].................
Isopropyl alcohol (Only persons who                   67-63-0     1/1/87
 manufacture by the strong acid process are
 subject, no supplier notifiction.)..........
4,4'-Isopropylidenediphenol..................         80-05-7     1/1/87
Isosafrole...................................        120-58-1     1/1/90
Lactofen [5-(2-Chloro-4-                           77501-63-4     1/1/95
 (trifluoromethyl)phenoxy)-2-nitro-2-ethoxy-1-
  methyl-2-oxoethyl ester]...................
Lead.........................................       7439-92-1     1/1/87
Lindane [Cyclohexane, 1,2,3,4,5,6-hexachloro-         58-89-9     1/1/87
 (1.alpha.,2.alpha.,3.beta.,4.alpha.,5.alpha.
 ,6.beta.)-].................................
Linuron......................................        330-55-2     1/1/95
Lithium carbonate............................        554-13-2     1/1/95
Malathion....................................        121-75-5     1/1/95
Maleic anhydride.............................        108-31-6     1/1/87
Malononitrile................................        109-77-3     1/1/94
Maneb [Carbamodithioic acid, 1,2-                  12427-38-2     1/1/87
 ethanediylbis-, manganese complex]..........
Manganese....................................       7439-96-5     1/1/87
Mecoprop.....................................         93-65-2     1/1/95
2-Mercaptobenzothiazole (MBT)................        149-30-4     1/1/95
Mercury......................................       7439-97-6     1/1/87
Merphos......................................        150-50-5     1/1/95
Metham sodium (Sodium methyldithiocarbamate).        137-42-8     1/1/95
Methacrylonitrile............................        126-98-7     1/1/94
Methanol.....................................         67-56-1     1/1/87

[[Page 484]]

 
Methazole [2-(3,4-Dichlorophenyl)-4-methyl-        20354-26-1     1/1/95
 1,2,4-oxadiazolidine-3,5-dione].............
Methiocarb...................................       2032-65-7     1/1/95
Methoxone (4-Chloro-2-methylphenoxy) acetic           94-74-6     1/1/95
 acid (MCPA))................................
Methoxone-sodium salt ((4-chloro-2-                 3653-48-3     1/1/95
 methylphenoxy) acetate sodium salt).........
Methoxychlor [Benzene, 1,1'-(2,2,2-                   72-43-5     1/1/87
 trichloroethylidene)bis[4-methoxy-].........
2-Methoxyethanol.............................        109-86-4     1/1/87
Methyl isothiocyanate [Isothiocyanatomethane]        556-61-6     1/1/95
2-Methyllactonitrile.........................         75-86-5     1/1/95
Methyl acrylate..............................         96-33-3     1/1/87
Methyl tert-butyl ether......................       1634-04-4     1/1/87
Methyl chlorocarbonate.......................         79-22-1     1/1/94
4,4'-Methylenebis(2-chloroaniline) (MBOCA)...        101-14-4     1/1/87
4,4'-Methylenebis(N,N-dimethyl) benzenamine..        101-61-1     1/1/87
Methylenebis(phenylisocyanate) (MDI).........        101-68-8     1/1/87
Methylene bromide............................         74-95-3     1/1/87
4,4'-Methylenedianiline......................        101-77-9     1/1/87
Methyl hydrazine.............................         60-34-4     1/1/87
Methyl iodide................................         74-88-4     1/1/87
Methyl isobutyl ketone.......................        108-10-1     1/1/87
Methyl isocyanate............................        624-83-9     1/1/87
Methyl mercaptan.............................         74-93-1     1/1/94
Methyl methacrylate..........................         80-62-6     1/1/87
N-Methylolacrylamide.........................        924-42-5     1/1/95
Methyl parathion.............................        298-00-0     1/1/95
N-Methyl-2-pyrrolidone.......................        872-50-4     1/1/95
2-Methylpyridine.............................        109-06-8     1/1/94
Metiram......................................       9006-42-2     1/1/95
Metribuzin...................................      21087-64-9     1/1/95
Mevinphos....................................       7786-34-7     1/1/95
Michler's ketone.............................         90-94-8     1/1/87
Molinate (1H-Azepine-1-carbothioic acid,            2212-67-1     1/1/95
 hexahydro-S-ethyl ester)....................
Molybdenum trioxide..........................       1313-27-5     1/1/87
(Mono)chloropentafluoroethane (CFC-115)......         76-15-3     7/8/90
Monuron......................................        150-68-5     1/1/95
Mustard gas [Ethane, 1,1'-thiobis[2-chloro-].        505-60-2     1/1/87
Myclobutanil [.alpha.-Butyl-.alpha.-(4-            88671-89-0     1/1/95
 chlorophenyl)-1H-1,2,4-triazole-1-
 propanenitrile].............................
Nabam........................................        142-59-6     1/1/95
Naled........................................        300-76-5     1/1/95
Naphthalene..................................         91-20-3     1/1/87
alpha-Naphthylamine..........................        134-32-7     1/1/87
beta-Naphthylamine...........................         91-59-8     1/1/87
Nickel.......................................       7440-02-0     1/1/87
Nitrapyrin (2-Chloro-6-(trichloromethyl)            1929-82-4     1/1/95
 pyridine)...................................
Nitric acid..................................       7697-37-2     1/1/87
Nitrilotriacetic acid........................        139-13-9     1/1/87
5-Nitro-o-anisidine..........................         99-59-2     1/1/87
5-Nitro-o-toluidine..........................         99-55-8     1/1/94
p-Nitroaniline...............................        100-01-6     1/1/95
Nitrobenzene.................................         98-95-3     1/1/87
4-Nitrobiphenyl..............................         92-93-3     1/1/87
Nitrofen [Benzene, 2,4-dichloro-1-(4-               1836-75-5     1/1/87
 nitrophenoxy)-].............................
Nitrogen mustard [2-Chloro-N-(2-chloroethyl)-         51-75-2     1/1/87
 N-methylethanamine].........................
Nitroglycerin................................         55-63-0     1/1/87
2-Nitrophenol................................         88-75-5     1/1/87
4-Nitrophenol................................        100-02-7     1/1/87
2-Nitropropane...............................         79-46-9     1/1/87
p-Nitrosodiphenylamine.......................        156-10-5     1/1/87
N,N-Dimethylaniline..........................        121-69-7     1/1/87
N-Nitrosodi-n-butylamine.....................        924-16-3     1/1/87
N-Nitrosodiethylamine........................         55-18-5     1/1/87
N-Nitrosodimethylamine.......................         62-75-9     1/1/87
N-Nitrosodiphenylamine.......................         86-30-6     1/1/87
N-Nitrosodi-n-propylamine....................        621-64-7     1/1/87
N-Nitrosomethylvinylamine....................       4549-40-0     1/1/87
N-Nitrosomorpholine..........................         59-89-2     1/1/87
N-Nitroso-N-ethylurea........................        759-73-9     1/1/87
N-Nitroso-N-methylurea.......................        684-93-5     1/1/87
N-Nitrosonornicotine.........................      16543-55-8     1/1/87
N-Nitrosopiperidine..........................        100-75-4     1/1/87
Norflurazon [4-Chloro-5-(methylamino)-2-[3-        27314-13-2     1/1/95
 (trifluoromethyl)phenyl]-3(2H)-pyridazinone]
Octachloronaphthalene........................       2234-13-1     1/1/87
Octachlorostyrene............................      29082-74-4       1/00
Oryzalin [4-(Dipropylamino)-3,5-                   19044-88-3     1/1/95
 dinitrobenzenesulfonamide]..................

[[Page 485]]

 
Osmium tetroxide.............................      20816-12-0     1/1/87
Oxydemeton methyl [S-(2-(ethylsulfinyl)ethyl)        301-12-2     1/1/95
 o,o-dimethyl ester phosphorothioic acid]....
Oxydiazon [3-[2,4-Dichloro-5-(1-                   19666-30-9     1/1/95
 methylethoxy)phenyl]-5-(1,1-dimethylethyl)-
 1,3,4-oxadiazol-2(3H)-one]..................
Oxyfluorfen..................................      42874-03-3     1/1/95
Ozone........................................      10028-15-6     1/1/95
Paraldehyde..................................        123-63-7     1/1/94
Paraquat dichloride..........................       1910-42-5     1/1/95
Parathion [Phosphorothioic acid, O,O-diethyl-         56-38-2     1/1/87
 O-(4-nitrophenyl) ester]....................
Pebulate [Butylethylcarbamothioic acid S-           1114-71-2     1/1/95
 propyl ester]...............................
Pendimethalin [N-(1-Ethylpropyl)-3,4-dimethyl-     40487-42-1     1/1/95
 2,6-dinitrobenzenamine].....................
Pentachlorobenzene...........................      00608-93-5       1/00
Pentachloroethane............................         76-01-7     1/1/94
Pentachlorophenol (PCP)......................         87-86-5     1/1/87
Pentobarbital sodium.........................         57-33-0     1/1/95
Peracetic acid...............................         79-21-0     1/1/87
Perchloromethyl mercaptan....................        594-42-3     1/1/95
Permethrin [3-(2,2-Dichloroethenyl)-2,2-           52645-53-1     1/1/95
 dimethylcyclopropanecarboxylic acid, (3-
 phenoxyphenyl)methyl ester].................
Phenanthrene.................................         85-01-8     1/1/95
Phenol.......................................        108-95-2     1/1/87
Phenothrin [2,2-Dimethyl-3-(2-methyl-1-            26002-80-2     1/1/95
 propenyl)cyclopropanecarboxylic acid (3-
 phenoxyphenyl)methyl ester].................
p-Phenylenediamine...........................        106-50-3     1/1/87
1,2-Phenylenediamine.........................         95-54-5     1/1/95
1,3-Phenylenediamine.........................        108-45-2     1/1/95
1,2-Phenylenediamine dihydrochloride.........        615-28-1     1/1/95
1,4-Phenylenediamine dihydrochloride.........        624-18-0     1/1/95
2-Phenylphenol...............................         90-43-7     1/1/87
Phenytoin....................................         57-41-0     1/1/95
Phosgene.....................................         75-44-5     1/1/87
Phosphine....................................       7803-51-2     1/1/95
Phosphorus (yellow or white).................       7723-14-0     1/1/87
Phthalic anhydride...........................         85-44-9     1/1/87
Picloram.....................................       1918-02-1     1/1/95
Picric acid..................................         88-89-1     1/1/87
Piperonyl butoxide...........................         51-03-6     1/1/95
Pirimiphos methyl [O-(2-(Diethylamino)-6-          29232-93-7     1/1/95
 methyl-4-pyrimidinyl)-O,O-
 dimethylphosphorothioate]...................
Polychlorinated biphenyls (PCBs).............       1336-36-3     1/1/87
Potassium bromate............................       7758-01-2     1/1/95
Potassium dimethyldithiocarbamate............        128-03-0     1/1/95
Potassium N-methyldithiocarbamate............        137-41-7     1/1/95
Profenofos [O-(4-Bromo-2-chlorophenyl)-O-          41198-08-7     1/1/95
 ethyl-S-propyl phosphorothioate]............
Prometryn [N,N'-Bis(1-methylethyl)-6-               7287-19-6     1/1/95
 methylthio-1,3,5-triazine-2,4- diamine].....
Pronamide....................................      23950-58-5     1/1/94
Propachlor [2-Chloro-N-(1-methylethyl)-N-           1918-16-7     1/1/95
 phenylacetamide]............................
Propane sultone..............................       1120-71-4     1/1/87
Propanil [N-(3,4-Dichlorophenyl)propanamide].        709-98-8     1/1/95
Propargite...................................       2312-35-8     1/1/95
Propargyl alcohol............................        107-19-7     1/1/95
Propetamphos [3-                                   31218-83-4     1/1/95
 [[(Ethylamino)methoxyphosphinothioyl]oxy]-2-
 butenoic acid, 1-methylethyl ester].........
Propiconazole [1-[2-(2,4-Dichlorophenyl)-4-        60207-90-1     1/1/95
 propyl-1,3-dioxolan-2-yl]- methyl-1H-1,2,4,-
 triazole]...................................
beta-Propiolactone...........................         57-57-8     1/1/87
Propionaldehyde..............................        123-38-6     1/1/87
Propoxur [Phenol, 2-(1-methylethoxy)-,               114-26-1     1/1/87
 methylcarbamate]............................
Propylene (Propene)..........................        115-07-1     1/1/87
Propyleneimine...............................         75-55-8     1/1/87
Propylene oxide..............................         75-56-9     1/1/87
Pyridine.....................................        110-86-1     1/1/87
Quinoline....................................         91-22-5     1/1/87
Quinone......................................        106-51-4     1/1/87
Quintozene [Pentachloronitrobenzene].........         82-68-8     1/1/87
Quizalofop-ethyl [2-[4-[(6-Chloro-2-               76578-14-8     1/1/95
 quinoxalinyl)oxy]phenoxy]propanoic acid
 ethyl ester]................................
Resmethrin [[5-(Phenylmethyl)-3-                   10453-86-8     1/1/95
 furanyl]methyl 2,2-dimethyl-3-(2-methyl-1-
 propenyl)cyclopropanecarboxylate]]..........
Saccharin (only persons who manufacture are           81-07-2     1/1/87
 subject, no supplier notification) [1,2-
 Benzisothiazol-3(2H)-one,1,1-dioxide].......
Safrole......................................         94-59-7     1/1/87
Selenium.....................................       7782-49-2     1/1/87
Sethoxydim [2-[1-(Ethoxyimino)butyl]-5-[2-         74051-80-2     1/1/95
 (ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
 one]........................................
Silver.......................................       7440-22-4     1/1/87
Simazine.....................................        122-34-9     1/1/95
Sodium azide.................................      26628-22-8     1/1/95

[[Page 486]]

 
Sodium dicamba [3,6-Dichloro-2-methoxybenzoic       1982-69-0     1/1/95
 acid, sodium salt]..........................
Sodium dimethyldithiocarbamate...............        128-04-1     1/1/95
Sodium fluoroacetate.........................         62-74-8     1/1/95
Sodium nitrite...............................       7632-00-0     1/1/95
Sodium pentachlorophenate....................        131-52-2
Sodium o-phenylphenoxide.....................        132-27-4     1/1/95
Styrene......................................        100-42-5     1/1/87
Styrene oxide................................         96-09-3     1/1/87
Sulfuric acid (acid aerosols including mists,       7664-93-9     1/1/87
 vapors, gas, fog, and other airborne forms
 of any particle size).......................
Sulfuryl fluoride [Vikane]...................       2699-79-8     1/1/95
Sulprofos [O-Ethyl O-[4-                           35400-43-2     1/1/95
 (methylthio)phenyl]phosphorodithioic acid S-
 propyl ester]...............................
Tebuthiuron [N-[5-(1,1-Dimethylethyl)-1,3,4-       34014-18-1     1/1/95
 thiadiazol-2-yl)-N,N'-dimethylurea].........
Temephos.....................................       3383-96-8     1/1/95
Terbacil [5-Chloro-3-(1,1-dimethylethyl)-6-         5902-51-2     1/1/95
 methyl-2,4(1H,3H)-pyrimidinedione]..........
Tetrabromobisphenol A........................      00079-94-7       1/00
1,1,1,2-Tetrachloroethane....................        630-20-6     1/1/94
1,1,2,2-Tetrachloroethane....................         79-34-5     1/1/87
Tetrachloroethylene (Perchloroethylene)......        127-18-4     1/1/87
1,1,1,2-Tetrachloro-2-fluoroethane (HCFC-            354-11-0     1/1/95
 121a).......................................
1,1,2,2-Tetrachloro-1-fluoroethane (HCFC-121)        354-14-3     1/1/95
Tetrachlorvinphos [Phosphoric acid, 2-chloro-        961-11-5     1/1/87
 1-(2,4,5-trichlorophenyl)ethenyl dimethyl
 ester]......................................
Tetracycline hydrochloride...................         64-75-5     1/1/95
Tetramethrin [2,2-Dimethyl-3-(2-methyl-1-           7696-12-0     1/1/95
 propenyl)cyclopropanecarboxylic acid
 (1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-
 2-yl)methyl ester]..........................
Thallium.....................................       7440-28-0     1/1/87
Thiabendazole [2-(4-Thiazolyl)-1H-                   148-79-8     1/1/95
 benzimidazole]..............................
Thioacetamide................................         62-55-5     1/1/87
Thiobencarb [Carbamic acid, diethylthio-, s-       28249-77-6     1/1/95
 (p-chlorobenzyl)]...........................
4,4'-Thiodianiline...........................        139-65-1     1/1/87
Thiodicarb...................................      59669-26-0     1/1/95
Thiophanate ethyl [[1,2-                           23564-06-9     1/1/95
 Phenylenebis(iminocarbonothioyl)]biscarbamic
 acid diethyl ester].........................
Thiophanate-methyl...........................      23564-05-8     1/1/95
Thiosemicarbazide............................         79-19-6     1/1/95
Thiourea.....................................         62-56-6     1/1/87
Thiram.......................................        137-26-8     1/1/94
Thorium dioxide..............................       1314-20-1     1/1/87
Titanium tetrachloride.......................       7550-45-0     1/1/87
Toluene......................................        108-88-3     1/1/87
Toluene-2,4-diisocyanate.....................        584-84-9     1/1/87
Toluene-2,6-diisocyanate.....................         91-08-7     1/1/87
Toluenediisocyanate (mixed isomers)..........      26471-62-5     1/1/90
o-Toluidine..................................         95-53-4     1/1/87
o-Toluidine hydrochloride....................        636-21-5     1/1/87
Toxaphene....................................       8001-35-2     1/1/87
Triadimefon [1-(4-Chlorophenoxy)-3,3-dimethyl-     43121-43-3     1/1/95
 1-(1H-1,2,4-triazol-1-yl)-2-butanone].......
Triallate....................................       2303-17-5     1/1/95
Triaziquone [2,5-Cyclohexadiene-1,4-                  68-76-8     1/1/87
 dione,2,3,5-tris(1-aziridinyl)-]............
Tribenuron methyl [2-(((((4-Methoxy-6-methyl-     101200-48-0     1/1/95
 1,3,5-triazin-2-yl)-
 methylamino)carbonyl)amino)sulfonyl)-,
 methyl ester]...............................
Tributyltin fluoride.........................       1983-10-4     1/1/95
Tributyltin methacrylate.....................       2155-70-6     1/1/95
S,S,S-Tributyltrithiophosphate (DEF).........         78-48-8     1/1/95
Trichlorfon [Phosphonic acid, (2,2,2-                 52-68-6     1/1/87
 trichloro-1-hydroxyethyl)-, dimethyl ester].
Trichloroacetyl chloride.....................         76-02-8     1/1/95
1,2,4-Trichlorobenzene.......................        120-82-1     1/1/87
1,1,1-Trichloroethane (Methyl chloroform)....         71-55-6     1/1/87
1,1,2-Trichloroethane........................         79-00-5     1/1/87
Trichloroethylene............................         79-01-6     1/1/87
Trichlorofluoromethane (CFC-11)..............         75-69-4     7/8/90
2,4,5-Trichlorophenol........................         95-95-4     1/1/87
2,4,6-Trichlorophenol........................         88-06-2     1/1/87
1,2,3-Trichloropropane.......................         96-18-4     1/1/95
Triclopyr, triethylammonium salt.............      57213-69-1     1/1/95
Triethylamine................................        121-44-8     1/1/95
Triforine [N,N'-[1,4-Piperazinediyl-bis(2,2,2-     26644-46-2     1/1/95
 trichloroethylidene)] bisformamide].........
Trifluralin [Benzeneamine, 2,6-dinitro-N,N-         1582-09-8     1/1/87
 dipropyl-4-(trifluoromethyl)-1].............
1,2,4-Trimethylbenzene.......................         95-63-6     1/1/87
2,3,5-Trimethylphenyl methylcarbamate........       2655-15-4     1/1/95
Triphenyltin chloride........................        639-58-7     1/1/95
Triphenyltin hydroxide.......................         76-87-9     1/1/95
Tris(2,3-dibromopropyl) phosphate............        126-72-7     1/1/87
Trypan blue..................................         72-57-1     1/1/94

[[Page 487]]

 
Urethane (Ethyl carbamate)...................         51-79-6     1/1/87
Vanadium (except when contained in an alloy).       7440-62-2       1/00
Vinclozolin [3-(3,5-Dichlorophenyl)-5-ethenyl-     50471-44-8     1/1/95
 5-methyl-2,4- oxazolidinedione].............
Vinyl acetate................................        108-05-4     1/1/87
Vinyl bromide................................        593-60-2     1/1/87
Vinyl chloride...............................         75-01-4     1/1/87
Vinylidene chloride..........................         75-35-4     1/1/87
Xylene (mixed isomers).......................       1330-20-7     1/1/87
m-Xylene.....................................        108-38-3     1/1/87
o-Xylene.....................................         95-47-6     1/1/87
p-Xylene.....................................        106-42-3     1/1/87
2,6-Xylidine.................................         87-62-7     1/1/87
Zinc (fume or dust)..........................       7440-66-6     1/1/87
Zineb [Carbamodithioic acid, 1,2-                  12122-67-7     1/1/87
 ethanediylbis-, zinc complex]...............
------------------------------------------------------------------------
*Note: Ammonium nitrate (solution) is removed from this listing; the
  removal is effective July 2, 1995, for the 1995 reporting year.
*Note: The listing of 2,2-dibromo-3-nitrilopropionamide (DBNPA)(CAS No.
  10222-01-2) is stayed. The stay will remain in effect until further
  administrative action is taken.

    (b) CAS Number listing.

------------------------------------------------------------------------
                                                               Effective
    CAS No.                     Chemical name                     date
------------------------------------------------------------------------
       50-00-0  Formaldehyde.................................     1/1/87
       51-03-6  Piperonyl butoxide...........................     1/1/95
       51-21-8  Fluorouracil (5-Fluorouracil)................     1/1/95
       51-28-5  2,4-Dinitrophenol............................     1/1/87
       51-75-2  Nitrogen mustard [2-Chloro-N-(2-chloroethyl)-     1/1/87
                 N-methylethanamine].........................
       51-79-6  Urethane (Ethyl carbamate)...................     1/1/87
       52-68-6  Trichlorfon [Phosphonic acid, (2,2,2-             1/1/87
                 trichloro-1-hydroxyethyl)-dimethyl ester]...
       52-85-7  Famphur......................................     1/1/95
       53-96-3  2-Acetylaminofluorene........................     1/1/87
       55-18-5  N-Nitrosodiethylamine........................     1/1/87
       55-21-0  Benzamide....................................     1/1/87
       55-38-9  Fenthion [O,O-Dimethyl O-[3-methyl-4-             1/1/95
                 (methylthio)phenyl] ester, phosphorothioic
                 acid].......................................
       55-63-0  Nitroglycerin................................     1/1/87
       56-23-5  Carbon tetrachloride.........................     1/1/87
       56-35-9  Bis(tributyltin) oxide.......................     1/1/95
       56-38-2  Parathion [Phosphorothioic acid, 0,0-diethyl-     1/1/87
                 0-(4-nitrophenyl)ester].....................
       57-14-7  1,1-Dimethyl hydrazine.......................     1/1/87
       57-33-0  Pentobarbital sodium.........................     1/1/95
       57-41-0  Phenytoin....................................     1/1/95
       57-57-8  beta-Propiolactone...........................     1/1/87
       57-74-9  Chlordane [4,7-Methanoindan, 1,2,4,5,6,7,8,8-     1/1/87
                 octachloro-2,3,3a,4,7,7a-hexahydro-]........
       58-89-9  Lindane [Cyclohexane, 1,2,3,4,5,6-hexachloro-     1/1/87
                 (1.alpha.,2.alpha.,3.beta.,4.alpha.,5.alpha.
                 ,6.beta.)-].................................
       59-89-2  N-Nitrosomorpholine..........................     1/1/87
       60-09-3  4-Aminoazobenzene............................     1/1/87
       60-11-7  4-Dimethylaminoazobenzene....................     1/1/87
       60-34-4  Methyl hydrazine.............................     1/1/87
       60-35-5  Acetamide....................................     1/1/87
       60-51-5  Dimethoate...................................     1/1/95
       61-82-5  Amitrole.....................................     1/1/94
       62-53-3  Aniline......................................     1/1/87
       62-55-5  Thioacetamide................................     1/1/87
       62-56-6  Thiourea.....................................     1/1/87
       62-73-7  Dichlorvos [Phosphoric acid, 2,2-                 1/1/87
                 dichloroethenyl dimethyl ester].............
       62-74-8  Sodium fluoroacetate.........................     1/1/95
       62-75-9  N-Nitrosodimethylamine.......................     1/1/87
       63-25-2  Carbaryl [1-Naphthalenol, methylcarbamate]...     1/1/87
       64-18-6  Formic acid..................................     1/1/94
       64-67-5  Diethyl sulfate..............................     1/1/87
       64-75-5  Tetracycline hydrochloride...................     1/1/95
       67-56-1  Methanol.....................................     1/1/87
       67-63-0  Isopropyl alcohol (only persons who               1/1/87
                 manufacture by the strong acid process are
                 subject, supplier notification not
                 required.)..................................
       67-66-3  Chloroform...................................     1/1/87
       67-72-1  Hexachloroethane.............................     1/1/87
       68-12-2  N,N-Dimethylformamide........................     1/1/95
       68-76-8  Triaziquone [2,5-Cyclohexadiene-1,4-              1/1/87
                 dione,2,3,5-tris(1-aziridinyl)-]............
       70-30-4  Hexachlorophene..............................     1/1/94
       71-36-3  n- Butyl alcohol.............................     1/1/87

[[Page 488]]

 
       71-43-2  Benzene......................................     1/1/87
       71-55-6  1,1,1-Trichloroethane (Methyl chloroform)....     1/1/87
       72-43-5  Methoxychlor [Benzene, 1,1'-(2,2,2,-              1/1/87
                 trichloroethylidene)bis [4-methoxy-]........
       72-57-1  Trypan blue..................................     1/1/94
       74-83-9  Bromomethane (Methyl bromide)................     1/1/87
       74-85-1  Ethylene.....................................     1/1/87
       74-87-3  Chloromethane (Methyl chloride)..............     1/1/87
       74-88-4  Methyl iodide................................     1/1/87
       74-90-8  Hydrogen cyanide.............................     1/1/87
       74-93-1  Methyl mercaptan.............................     1/1/94
       74-95-3  Methylene bromide............................     1/1/87
       75-00-3  Chloroethane (Ethyl chloride)................     1/1/87
       75-01-4  Vinyl chloride...............................     1/1/87
       75-05-8  Acetonitrile.................................     1/1/87
       75-07-0  Acetaldehyde.................................     1/1/87
       75-09-2  Dichloromethane (Methylene chloride).........     1/1/87
       75-15-0  Carbon disulfide.............................     1/1/87
       75-21-8  Ethylene oxide...............................     1/1/87
       75-25-2  Bromoform (Tribromomethane)..................     1/1/87
       75-27-4  Dichlorobromomethane.........................     1/1/87
       75-34-3  Ethylidene dichloride........................     1/1/94
       75-35-4  Vinylidene chloride..........................     1/1/87
       75-43-4  Dichlorofluoromethane (HCFC-21)..............     1/1/95
       75-44-5  Phosgene.....................................     1/1/87
       75-45-6  Chlorodifluoromethane (HCFC-22)..............     1/1/94
       75-55-8  Propyleneimine...............................     1/1/87
       75-56-9  Propylene oxide..............................     1/1/87
       75-63-8  Bromotrifluoromethane (Halon 1301)...........     7/8/90
       75-65-0  tert-Butyl alcohol...........................     1/1/87
       75-68-3  1-Chloro-1,1-difluoroethane (HCFC-142b)......     1/1/94
       75-69-4  Trichlorofluoromethane (CFC-11)..............     7/8/90
       75-71-8  Dichlorodifluoromethane (CFC-12).............     7/8/90
       75-72-9  Chlorotrifluoromethane (CFC-13)..............     1/1/95
       75-86-5  2-Methyllactonitrile.........................     1/1/95
       75-88-7  2-Chloro-1,1,1-trifluoroethane (HCFC-133a)...     1/1/95
       76-01-7  Pentachloroethane............................     1/1/94
       76-02-8  Trichloroacetyl chloride.....................     1/1/95
       76-06-2  Chloropicrin.................................     1/1/95
       76-13-1  Freon-113....................................     1/1/87
       76-14-2  Dichlorotetrafluoroethane (CFC-114)..........     7/8/90
       76-15-3  (Mono)chloropentafluoroethane (CFC-115)......     7/8/90
       76-44-8  Heptachlor [1,4,5,6,7,8,8-Heptachloro-            1/1/87
                 3a,4,7,7a-tetrahydro-4,7-methano-1H-indene].
       76-87-9  Triphenyltin hydroxide.......................     1/1/95
       77-47-4  Hexachlorocyclopentadiene....................     1/1/87
       77-73-6  Dicyclopentadiene............................     1/1/95
       77-78-1  Dimethyl sulfate.............................     1/1/87
       78-48-8  S,S,S-Tributyltrithiophosphate (DEF).........     1/1/95
       78-84-2  Isobutyraldehyde.............................     1/1/87
       78-87-5  1,2-Dichloropropane..........................     1/1/87
       78-88-6  2,3-Dichloropropene..........................     1/1/90
       78-92-2  sec- Butyl alcohol...........................     1/1/87
       79-00-5  1,1,2-Trichloroethane........................     1/1/87
       79-01-6  Trichloroethylene............................     1/1/87
       79-06-1  Acrylamide...................................     1/1/87
       79-10-7  Acrylic acid.................................     1/1/87
       79-11-8  Chloroacetic acid............................     1/1/87
       79-19-6  Thiosemicarbazide............................     1/1/95
       79-21-0  Peracetic acid...............................     1/1/87
       79-22-1  Methyl chlorocarbonate.......................     1/1/94
       79-34-5  1,1,2,2-Tetrachloroethane....................     1/1/87
       79-44-7  Dimethylcarbamyl chloride....................     1/1/87
       79-46-9  2-Nitropropane...............................     1/1/87
       80-05-7  4,4'-Isopropylidenediphenol..................     1/1/87
       80-15-9  Cumene hydroperoxide.........................     1/1/87
       80-62-6  Methyl methacrylate..........................     1/1/87
       81-07-2  Saccharin (only persons who manufacture are       1/1/87
                 subject, no supplier notification) [1,2-
                 Benzisothiazol-3(2H)-one,1,1-dioxide].......
       81-88-9  C.I. Food Red 15.............................     1/1/87
       82-28-0  1-Amino-2-methylanthraquinone................     1/1/87
       82-68-8  Quintozene [Pentachloronitrobenzene].........        C12
       84-74-2  Dibutyl phthalate............................     1/1/87
       85-01-8  Phenanthrene.................................     1/1/95
       85-44-9  Phthalic anhydride...........................     1/1/87

[[Page 489]]

 
       86-30-6  N-Nitrosodiphenylamine.......................     1/1/87
       87-62-7  2,6-Xylidine.................................     1/1/87
       87-68-3  Hexachloro-1,3-butadiene.....................     1/1/87
       87-86-5  Pentachlorophenol (PCP)......................     1/1/87
       88-06-2  2,4,6-Trichlorophenol........................     1/1/87
       88-75-5  2-Nitrophenol................................     1/1/87
       88-85-7  Dinitrobutyl phenol (Dinoseb)................     1/1/95
       88-89-1  Picric acid..................................     1/1/87
       90-04-0  o-Anisidine..................................     1/1/87
       90-43-7  2-Phenylphenol...............................     1/1/87
       90-94-8  Michler's ketone.............................     1/1/87
       91-08-7  Toluene-2,6-diisocyanate.....................     1/1/87
       91-20-3  Naphthalene..................................     1/1/87
       91-22-5  Quinoline....................................     1/1/87
       91-59-8  beta-Naphthylamine...........................     1/1/87
       91-94-1  3,3'-Dichlorobenzidine.......................     1/1/87
       92-52-4  Biphenyl.....................................     1/1/87
       92-67-1  4-Aminobiphenyl..............................     1/1/87
       92-87-5  Benzidine....................................     1/1/87
       92-93-3  4-Nitrobiphenyl..............................     1/1/87
       93-65-2  Mecoprop.....................................     1/1/95
       94-11-1  2,4-D isopropyl ester........................     1/1/95
       94-36-0  Benzoyl peroxide.............................     1/1/87
       94-58-6  Dihydrosafrole...............................     1/1/94
       94-59-7  Safrole......................................     1/1/87
       94-74-6  Methoxone (4-Chloro-2-methylphenoxy) acetic       1/1/95
                 acid (MCPA).................................
       94-75-7  2,4-D [Acetic acid, (2,4-dichlorophenoxy)-]..     1/1/87
       94-80-4  2,4-D butyl ester............................     1/1/95
       94-82-6  2,4-DB.......................................     1/1/95
       95-47-6  o-Xylene.....................................     1/1/87
       95-48-7  o-Cresol.....................................     1/1/87
       95-50-1  1,2-Dichlorobenzene..........................     1/1/87
       95-53-4  o-Toluidine..................................     1/1/87
       95-54-5  1,2-Phenylenediamine.........................     1/1/95
       95-63-6  1,2,4-Trimethylbenzene.......................     1/1/87
       95-69-2  p-Chloro-o-toluidine.........................     1/1/95
       95-80-7  2,4-Diaminotoluene...........................     1/1/87
       95-95-4  2,4,5-Trichlorophenol........................     1/1/87
       96-09-3  Styrene oxide................................     1/1/87
       96-12-8  1,2-Dibromo-3-chloropropane (DBCP)...........     1/1/87
       96-18-4  1,2,3-Trichloropropane.......................     1/1/95
       96-33-3  Methyl acrylate..............................     1/1/87
       96-45-7  Ethylene thiourea............................     1/1/87
       97-23-4  Dichlorophene [ 2,2'-Methylene-bis(4-             1/1/95
                 chlorophenol)]..............................
       97-56-3  C.I. Solvent Yellow 3........................     1/1/87
       98-07-7  Benzoic trichloride (Benzotrichloride).......     1/1/87
       98-82-8  Cumene.......................................     1/1/87
       98-86-2  Acetophenone.................................     1/1/94
       98-87-3  Benzal chloride..............................     1/1/87
       98-88-4  Benzoyl chloride.............................     1/1/87
       98-95-3  Nitrobenzene.................................     1/1/87
       99-30-9  Dichloran [2,6-Dichloro-4-nitroaniline]......     1/1/95
       99-55-8  5-Nitro-o-toluidine..........................     1/1/94
       99-59-2  5-Nitro-o-anisidine..........................     1/1/87
       99-65-0  m-Dinitrobenzene.............................     1/1/90
      100-01-6  p-Nitroaniline...............................     1/1/95
      100-02-7  4-Nitrophenol................................     1/1/87
      100-25-4  p-Dinitrobenzene.............................     1/1/90
      100-41-4  Ethylbenzene.................................     1/1/87
      100-42-5  Styrene......................................     1/1/87
      100-44-7  Benzyl chloride..............................     1/1/87
      100-75-4  N-Nitrosopiperidine..........................     1/1/87
      101-05-3  Anilazine [4,6-dichloro-N-(2-chlorophenyl)-       1/1/95
                 1,3,5-triazin-2-amine]......................
      101-14-4  4,4'-Methylenebis(2-chloroaniline) (MBOCA)...     1/1/87
      101-61-1  4,4'-Methylenebis(N,N-dimethyl)benzenamine...     1/1/87
      101-68-8  Methylenebis(phenylisocyanate) (MDI).........     1/1/87
      101-77-9  4,4'-Methylenedianiline......................     1/1/87
      101-80-4  4,4'-Diaminodiphenyl ether...................     1/1/87
      101-90-6  Diglycidyl resorcinol ether..................     1/1/95
      104-12-1  p-Chlorophenyl isocyanate....................     1/1/95
      104-94-9  p-Anisidine..................................     1/1/87
      105-67-9  2,4-Dimethylphenol...........................     1/1/87
      106-42-3  p-Xylene.....................................     1/1/87

[[Page 490]]

 
      106-44-5  p-Cresol.....................................     1/1/87
      106-46-7  1,4-Dichlorobenzene..........................     1/1/87
      106-47-8  p-Chloroaniline..............................     1/1/95
      106-50-3  p-Phenylenediamine...........................     1/1/87
      106-51-4  Quinone......................................     1/1/87
      106-88-7  1,2-Butylene oxide...........................     1/1/87
      106-89-8  Epichlorohydrin..............................     1/1/87
      106-93-4  1,2-Dibromoethane (Ethylene dibromide).......     1/1/87
      106-99-0  1,3-Butadiene................................     1/1/87
      107-02-8  Acrolein.....................................     1/1/87
      107-05-1  Allyl chloride...............................     1/1/87
      107-06-2  1,2-Dichloroethane (Ethylene dichloride).....     1/1/87
      107-11-9  Allylamine...................................     1/1/95
      107-13-1  Acrylonitrile................................     1/1/87
      107-18-6  Allyl alcohol................................     1/1/90
      107-19-7  Propargyl alcohol............................     1/1/95
      107-21-1  Ethylene glycol..............................     1/1/87
      107-30-2  Chloromethyl methyl ether....................     1/1/87
      108-05-4  Vinyl acetate................................     1/1/87
      108-10-1  Methyl isobutyl ketone.......................     1/1/87
      108-31-6  Maleic anhydride.............................     1/1/87
      108-38-3  m-Xylene.....................................     1/1/87
      108-39-4  m-Cresol.....................................     1/1/87
      108-45-2  1,3-Phenylenediamine.........................     1/1/95
      108-60-1  Bis(2-chloro-1-methylethyl)ether.............     1/1/87
      108-88-3  Toluene......................................     1/1/87
      108-90-7  Chlorobenzene................................     1/1/87
      108-93-0  Cyclohexanol.................................     1/1/95
      108-95-2  Phenol.......................................     1/1/87
      109-06-8  2-Methylpyridine.............................     1/1/94
      109-77-3  Malononitrile................................     1/1/94
      109-86-4  2-Methoxyethanol.............................     1/1/87
      110-54-3  n-Hexane.....................................     1/1/95
      110-57-6  trans-1,4-Dichloro-2-butene..................     1/1/95
      110-80-5  2-Ethoxyethanol..............................     1/1/87
      110-82-7  Cyclohexane..................................     1/1/87
      110-86-1  Pyridine.....................................     1/1/87
      111-42-2  Diethanolamine...............................     1/1/87
      111-44-4  Bis(2-chloroethyl) ether.....................     1/1/87
      111-91-1  Bis(2-chloroethoxy)methane...................     1/1/94
      114-26-1  Propoxur [Phenol, 2-(1-methylethoxy)-,            1/1/87
                 methylcarbamate]............................
      115-07-1  Propylene (Propene)..........................     1/1/87
      115-28-6  Chlorendic acid..............................     1/1/95
      115-32-2  Dicofol [Benzenemethanol, 4-chloro-.alpha.-(4-    1/1/87
                 chlorophenyl)-.alpha.-(trichloromethyl)-]...
      116-06-3  Aldicarb.....................................     1/1/95
      117-79-3  2-Aminoanthraquinone.........................     1/1/87
      117-81-7  Di(2-ethylhexyl) phthalate (DEHP)............     1/1/87
      118-74-1  Hexachlorobenzene............................     1/1/87
      119-90-4  3,3'-Dimethoxybenzidine......................     1/1/87
      119-93-7  3,3'-Dimethylbenzidine (o-Tolidine)..........     1/1/87
      120-12-7  Anthracene...................................     1/1/87
      120-36-5  2,4-DP.......................................     1/1/95
      120-58-1  Isosafrole...................................     1/1/90
      120-71-8  p-Cresidine..................................     1/1/87
      120-80-9  Catechol.....................................     1/1/87
      120-82-1  1,2,4-Trichlorobenzene.......................     1/1/87
      120-83-2  2,4-Dichlorophenol...........................     1/1/87
      121-14-2  2,4-Dinitrotoluene...........................     1/1/87
      121-44-8  Triethylamine................................     1/1/95
      121-69-7  N,N-Dimethylaniline..........................     1/1/87
      121-75-5  Malathion....................................     1/1/95
      122-34-9  Simazine.....................................     1/1/95
      122-39-4  Diphenylamine................................     1/1/95
      122-66-7  1,2-Diphenylhydrazine (Hydrazobenzene).......     1/1/87
      123-31-9  Hydroquinone.................................     1/1/87
      123-38-6  Propionaldehyde..............................     1/1/87
      123-63-7  Paraldehyde..................................     1/1/94
      123-72-8  Butyraldehyde................................     1/1/87
      123-91-1  1,4-Dioxane..................................     1/1/87
      124-40-3  Dimethylamine................................     1/1/95
      124-73-2  Dibromotetrafluoroethane (Halon 2402)........     7/8/90
      126-72-7  Tris-2,3-dibromopropyl) phosphate............     1/1/87
      126-98-7  Methacrylonitrile............................     1/1/94

[[Page 491]]

 
      126-99-8  Chloroprene..................................     1/1/87
      127-18-4  Tetrachloroethylene (Perchloroethylene)......     1/1/87
      128-03-0  Potassium dimethyldithiocarbamate............     1/1/95
      128-04-1  Sodium dimethyldithiocarbamate...............     1/1/95
      128-66-5  C.I. Vat Yellow 4............................     1/1/87
      131-11-3  Dimethyl phthalate...........................     1/1/87
      131-52-2  Sodium pentachlorophenate....................     1/1/95
      132-27-4  Sodium o-phenylphenoxide.....................     1/1/95
      132-64-9  Dibenzofuran.................................     1/1/87
      133-06-2  Captan [1H-Isoindole-1,3(2H)-dione,3a,4,7,7a-     1/1/87
                 tetrahydro-2-[(trichloromethyl)thio]-]......
      133-07-3  Folpet.......................................     1/1/95
      133-90-4  Chloramben [Benzoic acid, 3-amino-2,5-            1/1/87
                 dichloro-]..................................
      134-29-2  o-Anisidine hydrochloride....................     1/1/87
      134-32-7  alpha-Naphthylamine..........................     1/1/87
      135-20-6  Cupferron [Benzeneamine, N-hydroxy-N-nitroso,     1/1/87
                 ammonium salt]..............................
      136-45-8  Dipropyl isocinchomeronate...................     1/1/95
      137-26-8  Thiram.......................................     1/1/94
      137-41-7  Potassium n-methyldithiocarbamate............     1/1/95
      137-42-8  Metham Sodium................................     1/1/95
      138-93-2  Disodium cyanodithioimidocarbonate...........     1/1/95
      139-13-9  Nitrilotriacetic acid........................     1/1/87
      139-65-1  4,4'-Thiodianiline...........................     1/1/87
      140-88-5  Ethyl acrylate...............................     1/1/87
      141-32-2  Butyl acrylate...............................     1/1/87
      142-59-6  Nabam........................................     1/1/95
      148-79-8  Thiabendazole [2-(4-Thiazolyl)-1H-                1/1/95
                 benzimidazole]..............................
      149-30-4  2-Mercaptobenzothiazole......................     1/1/95
      150-50-5  Merphos......................................     1/1/95
      150-68-5  Monuron......................................     1/1/95
      151-56-4  Ethyleneimine (Aziridine)....................     1/1/87
      156-10-5  p-Nitrosodiphenylamine.......................     1/1/87
      156-62-7  Calcium cyanamide............................     1/1/87
      298-00-0  Methyl parathion.............................     1/1/95
      300-76-5  Naled........................................     1/1/95
      301-12-2  Oxydemeton methyl [s-(2-                          1/1/95
                 (Ethylsulfinyl)ethyl)o,o-dimethyl ester
                 phosphorothioic acid].......................
      302-01-2  Hydrazine....................................     1/1/87
      306-83-2  2,2-Dichloro-1,1,1-trifluoroethane (HCFC-123)     1/1/94
      309-00-2  Aldrin[1,4:5,8-                                   1/1/87
                 Dimethanonaphthalene,1,2,3,4,10,10-
                 hexachloro-1,4,4a,5,8,8a-hexahydro-
                 (1.alpha.,4.alpha.,4a.beta.,5.alpha.,
                 8.alpha.,8a.beta.)-]........................
      314-40-9  Bromacil (5-Bromo-6-methyl-3-(1-methylpropyl)-    1/1/95
                 2,4-(1H,3H)-pyrimidinedione)................
      319-84-6  alpha-Hexachlorocyclohexane..................     1/1/95
      330-54-1  Diuron.......................................     1/1/95
      330-55-2  Linuron......................................     1/1/95
      333-41-5  Diazinon.....................................     1/1/95
      334-88-3  Diazomethane.................................     1/1/87
      353-59-3  Bromochlorodifluoromethane (Halon 1211)......     7/8/90
      354-11-0  1,1,1,2-Tetrachloro-2-fluoroethane (HCFC-         1/1/95
                 121a).......................................
      354-14-3  1,1,2,2-Tetrachloro-1-fluoroethane (HCFC-121)     1/1/95
      354-23-4  1,2-Dichloro-1,1,2-trifluoroethane (HCFC-         1/1/94
                 123a).......................................
      354-25-6  1-Chloro-1,1,2,2-tetrafluoroethane (HCFC-         1/1/94
                 124a).......................................
      357-57-3  Brucine......................................     1/1/95
      422-44-6  1,2-dichloro-1,1,2,3,3-pentafluoropropane         1/1/95
                 (HCFC-225bb)................................
      422-48-0  2,3-dichloro-1,1,1,2,3-pentafluoropropane         1/1/95
                 (HCFC-225ba)................................
      422-56-0  3,3-dichloro-1,1,1,2,2-pentafluoropropane         1/1/95
                 (HCFC-225ca)................................
      431-86-7  1,2-dichloro-1,1,3,3,3-pentafluoropropane         1/1/95
                 (HCFC-225da)................................
      460-35-5  3-chloro-1,1,1-trifluoropropane (HCFC-253fb).     1/1/95
      463-58-1  Carbonyl sulfide.............................     1/1/87
      465-73-6  Isodrin......................................     1/1/95
      492-80-8  C.I. Solvent Yellow 34 (Aurimine)............     1/1/87
      505-60-2  Mustard gas [Ethane, 1,1'-thiobis[2-chloro-].     1/1/87
      507-55-1  1,3-dichloro-1,1,2,2,3-pentafluoropropane         1/1/95
                 (HCFC-225cb)................................
      510-15-6  Chlorobenzilate[Benezeneacetic acid, 4-chloro-    1/1/87
                 .alpha.-(4-chlorophenyl)-.alpha,-hydroxy-,
                 ethyl ester]................................
      528-29-0  o-Dinitrobenzene.............................     1/1/90
      532-27-4  2-Chloroacetophenone.........................     1/1/87
      533-74-4  Dazomet (Tetrahydro-3,5-dimethyl-2H-1,3,5-        1/1/95
                 thiadiazine-2-thione).......................
      534-52-1  4,6-Dinitro-o-cresol.........................     1/1/87
      540-59-0  1,2-Dichloroethylene.........................     1/1/87
      541-41-3  Ethyl chloroformate..........................     1/1/87
      541-53-7  2,4-Dithiobiuret.............................     1/1/95
      541-73-1  1,3-Dichlorobenzene..........................     1/1/87
      542-75-6  1,3-Dichloropropylene........................     1/1/87
      542-76-7  3-Chloropropionitrile........................     1/1/95
      542-88-1  Bis(chloromethyl) ether......................     1/1/87

[[Page 492]]

 
      554-13-2  Lithium carbonate............................     1/1/95
      556-61-6  Methyl isothiocyanate [Isothiocyanatomethane]     1/1/95
      563-47-3  3-Chloro-2-methyl-1-propene..................     1/1/95
      569-64-2  C.I. Basic Green 4...........................     1/1/87
      594-42-3  Perchloromethyl mercaptan....................     1/1/95
      606-20-2  2,6-Dinitrotoluene...........................     1/1/87
      612-82-8  3,3'-Dimethylbenzidine dihydrochloride (o-        1/1/95
                 Tolidine dihydrochloride)...................
      612-83-9  3,3'-Dichlorobenzidine dihydrochloride.......     1/1/95
      615-05-4  2,4-Diaminoanisole...........................     1/1/87
      615-28-1  1,2-Phenylenediamine dihydrochloride.........     1/1/95
      621-64-7  N-Nitrosodi-n-propylamine....................     1/1/87
      624-18-0  1,4-Phenylenediamine dihydrochloride.........     1/1/95
      624-83-9  Methyl isocyanate............................     1/1/87
      630-20-6  1,1,1,2-Tetrachloroethane....................     1/1/94
      636-21-5  o-Toluidine hydrochloride....................     1/1/87
      639-58-7  Triphenyltin chloride........................     1/1/95
      680-31-9  Hexamethylphosphoramide......................     1/1/87
      684-93-5  N-Nitroso-N-methylurea.......................     1/1/87
      709-98-8  Propanil [N-(3,4-Dichlorophenyl)propanamide].     1/1/95
      759-73-9  N-Nitroso-N-ethylurea........................     1/1/87
      759-94-4  Ethyl dipropylthiocarbamate (EPTC)...........     1/1/95
      764-41-0  1,4-Dichloro-2-butene........................     1/1/94
      812-04-4  1,1-Dichloro-1,2,2-trifluoroethane (HCFC-         1/1/94
                 123b).......................................
      834-12-8  Ametryn (N-Ethyl-N'-(1-methylethyl)-6-            1/1/95
                 (methylthio)-1,3,5,-triazine-2,4-diamine)...
      842-07-9  C.I. Solvent Yellow 14.......................     1/1/87
      872-50-4  N-Methyl-2-pyrrolidone.......................     1/1/95
      924-16-3  N-Nitrosodi-n-butylamine.....................     1/1/87
      924-42-5  N-Methylolacrylamide.........................     1/1/95
      957-51-7  Diphenamid...................................     1/1/95
      961-11-5  Tetrachlorvinphos [Phosphoric acid, 2-chloro-     1/1/87
                 1-(2,4,5-trichlorophenyl)ethenyl dimethyl
                 ester]......................................
      989-38-8  C.I. Basic Red l.............................     1/1/87
     1114-71-2  Pebulate [Butylethylcarbamo-thioic acid S-        1/1/95
                 propyl ester]...............................
     1120-71-4  Propane sultone..............................     1/1/87
     1134-23-2  Cycloate.....................................     1/1/95
     1163-19-5  Decabromodiphenyl oxide......................     1/1/87
     1313-27-5  Molybdenum trioxide..........................     1/1/87
     1314-20-1  Thorium dioxide..............................     1/1/87
     1319-77-3  Cresol (mixed isomers).......................     1/1/87
     1320-18-9  2,4-D propylene glycol butyl ether ester.....     1/1/95
     1330-20-7  Xylene (mixed isomers).......................     1/1/87
     1332-21-4  Asbestos (friable)...........................     1/1/87
     1335-87-1  Hexachloronaphthalene........................     1/1/87
     1336-36-3  Polychlorinated biphenyls (PCBs).............     1/1/87
     1344-28-1  Aluminum oxide (fibrous forms)...............     1/1/87
     1464-53-5  Diepoxybutane................................     1/1/87
     1563-66-2  Carbofuran...................................     1/1/95
     1582-09-8  Trifluralin [Benzeneamine, 2,6-dinitro-N,N-       1/1/87
                 dipropyl-4-(trifluoromethyl)-]..............
     1634-04-4  Methyl tert-butyl ether......................     1/1/87
     1649-08-7  1,2-dichloro-1,1-difluoroethane (HCFC-132b)..     1/1/95
     1689-84-5  Bromoxynil (3,5-Dibromo-4-                        1/1/95
                 hydroxybenzonitrile)........................
     1689-99-2  Bromoxynil octanoate (Octanoic acid, 2,6-         1/1/95
                 dibromo-4-cyanophenyl ester)................
     1717-00-6  1,1-Dichloro-1-fluoroethane (HCFC-141b)......     1/1/94
     1836-75-5  Nitrofen [Benzene, 2,4-dichloro-1-(4-             1/1/87
                 nitrophenoxy)-].............................
     1861-40-1  Benfluralin(N-Butyl-N-ethyl-2,6-dinitro-4-        1/1/95
                 (trifluoromethyl)benzenamine)...............
     1897-45-6  Chlorothalonil [1-3-                              1/1/87
                 Benzenedicarbonitrile,2,4,5,6-tetrachloro-].
     1910-42-5  Paraquat dichloride..........................     1/1/95
     1912-24-9  Atrazine (6-Chloro-N-ethyl-N'-(1-methylethyl)-    1/1/95
                 1,3,5,-triazine-2,4-diamine)................
     1918-00-9  Dicamba (3,6-Dichloro-2-methoxybenzoic acid).     1/1/95
     1918-02-1  Picloram.....................................     1/1/95
     1918-16-7  Propachlor [2-Chloro-N-(1-methylethyl)-N-         1/1/95
                 phenylacetamide]............................
     1928-43-4  2,4-D 2-ethylhexyl ester.....................     1/1/95
     1929-73-3  2,4-D butoxyethyl ester......................     1/1/95
     1929-82-4  Nitrapyrin (2-Chloro-6-                           1/1/95
                 (trichloromethyl)pyridine)..................
     1937-37-7  C.I. Direct Black 38.........................     1/1/87
     1982-69-0  Sodium dicamba [3,6-Dichloro-2-methoxybenzoic     1/1/95
                 acid, sodium salt]..........................
     1983-10-4  Tributyltin fluoride.........................     1/1/95
     2032-65-7  Methiocarb...................................     1/1/95
     2155-70-6  Tributyltin methacrylate.....................     1/1/95
     2164-07-0  Dipotassium endothall [7-                         1/1/95
                 Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic
                 acid, dipotassium salt].....................
     2164-17-2  Fluometuron [Urea, N,N-dimethyl-N'-[3-            1/1/87
                 (trifluoromethyl)phenyl]-]..................
     2212-67-1  Molinate (1H-Azepine-1-carbothioic acid,          1/1/95
                 hexahydro-S-ethyl ester)....................
     2234-13-1  Octachloronaphthalene........................     1/1/87
     2300-66-5  Dimethylamine dicamba........................     1/1/95

[[Page 493]]

 
     2303-16-4  Diallate [Carbamothioic acid, bis(1-              1/1/87
                 methylethyl)-, S-(2,3-dichloro-2-
                 propenyl)ester].............................
     2303-17-5  Triallate....................................     1/1/95
     2312-35-8  Propargite...................................     1/1/95
     2439-01-2  Chinomethionat [6-Methyl-1,3-dithiolo[4,5-        1/1/95
                 b]quinoxalin-2-one].........................
     2439-10-3  Dodine [Dodecylguanidine monoacetate]........     1/1/95
     2524-03-0  Dimethyl chlorothiophosphate.................     1/1/95
     2602-46-2  C.I. Direct Blue 6...........................     1/1/87
     2655-15-4  2,3,5-Trimethylphenyl methylcarbamate........     1/1/95
     2699-79-8  Sulfuryl Fluoride [Vikane]...................     1/1/95
     2702-72-9  2,4-D sodium salt............................     1/1/95
     2832-40-8  C.I. Disperse Yellow 3.......................     1/1/87
     2837-89-0  2-Chloro-1,1,1,2-tetrafluoroethane (HCFC-124)     1/1/94
     2971-38-2  2,4-D chlorocrotyl ester.....................     1/1/95
     3118-97-6  C.I. Solvent Orange 7........................     1/1/87
     3383-96-8  Temephos.....................................     1/1/95
     3653-48-3  Methoxone - sodium salt (4-Chloro-2-              1/1/95
                 methylphenoxy acetate sodium salt)..........
     3761-53-3  C.I. Food Red 5..............................     1/1/87
     4080-31-3  1-(3-Chloroallyl)-3,5,7-triaza-1-                 1/1/95
                 azoniaadamantane chloride...................
     4170-30-3  Crotonaldehyde...............................     1/1/95
     4549-40-0  N-Nitrosomethylvinylamine....................     1/1/87
     4680-78-8  C.I. Acid Green 3............................     1/1/87
     5234-68-4  Carboxin (5,6-Dihydro-2-methyl-N-phenyl-1,4-      1/1/95
                 oxathiin-3-carboxamide).....................
     5598-13-0  Chlorpyrifos methyl [O,O-dimethyl-O-(3,5,6-       1/1/95
                 trichloro-2-pyridyl)phosphorothioate].......
     5902-51-2  Terbacil [5-Chloro-3-(1,1-dimethylethyl)-6-       1/1/95
                 methyl-2,4-(1H,3H)-pyrimidinedione].........
     6459-94-5  C.I. Acid Red 114............................     1/1/95
     6484-52-2  Ammonium nitrate (solution)..................    1/1/87*
     7287-19-6  Prometryn [N,N'-Bis(1-methylethyl)-6-             1/1/95
                 methylthio-1,3,5-triazine-2,4-diamine]......
     7429-90-5  Aluminum (fume or dust)......................     1/1/87
     7439-92-1  Lead.........................................     1/1/87
     7439-96-5  Manganese....................................     1/1/87
     7439-97-6  Mercury......................................     1/1/87
     7440-02-0  Nickel.......................................     1/1/87
     7440-22-4  Silver.......................................     1/1/87
     7440-28-0  Thallium.....................................     1/1/87
     7440-36-0  Antimony.....................................     1/1/87
     7440-38-2  Arsenic......................................     1/1/87
     7440-39-3  Barium.......................................     1/1/87
     7440-41-7  Beryllium....................................     1/1/87
     7440-43-9  Cadmium......................................     1/1/87
     7440-47-3  Chromium.....................................     1/1/87
     7440-48-4  Cobalt.......................................     1/1/87
     7440-50-8  Copper.......................................     1/1/87
     7440-62-2  Vanadium (except when contained in an alloy).       1/00
     7440-66-6  Zinc (fume or dust)..........................     1/1/87
     7550-45-0  Titanium tetrachloride.......................     1/1/87
     7632-00-0  Sodium nitrite...............................     1/1/95
     7637-07-2  Boron trifluoride............................     1/1/95
     7647-01-0  Hydrochloric acid (acid aerosols including        1/1/87
                 mists, vapors, gas, fog, and other airborne
                 forms of any particle size).................
     7664-39-3  Hydrogen fluoride............................     1/1/87
     7664-41-7  Ammonia (includes anhydrous ammonia and           1/1/87
                 aqueous ammonia from water dissociable
                 ammonium salts and other sources; 10 percent
                 of total aqueous ammonia is reportable under
                 this listing)...............................
     7664-93-9  Sulfuric acid (acid aerosols including mists,     1/1/87
                 vapors, gas, fog, and other airborne forms
                 of any particle size).......................
     7696-12-0  Tetramethrin [2,2-Dimethyl-3-(2-methyl-1-         1/1/95
                 propenyl)cyclopropane-carboxylic acid
                 (1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-
                 2-yl)methyl ester]..........................
     7697-37-2  Nitric acid..................................     1/1/87
     7723-14-0  Phosphorus (yellow or white).................     1/1/87
     7726-95-6  Bromine......................................     1/1/95
     7758-01-2  Potassium bromate............................     1/1/95
     7782-41-4  Fluorine.....................................     1/1/95
     7782-49-2  Selenium.....................................     1/1/87
     7782-50-5  Chlorine.....................................     1/1/87
     7783-06-4  Hydrogen sulfide.............................     1/1/94
     7783-20-2  Ammonium sulfate (solution)..................     1/1/87
     8001-35-2  Toxaphene....................................     1/1/87
     8001-58-9  Creosote.....................................     1/1/90
     7786-34-7  Mevinphos....................................     1/1/95
     7803-51-2  Phosphine....................................     1/1/95
     9006-42-2  Metiram......................................     1/1/95
    00079-94-7  Tetrabromobisphenol A........................       1/00
    00191-24-2  Benzo(g,h,i)perylene.........................       1/00
    00608-93-5  Pentachlorobenzene...........................       1/00

[[Page 494]]

 
    10028-15-6  Ozone........................................     1/1/95
    10034-93-2  Hydrazine sulfate............................     1/1/87
    10049-04-4  Chlorine dioxide.............................     1/1/87
    10061-02-6  trans-1,3-Dichloropropene....................     1/1/95
    10222-01-2  2,2-Dibromo-3-nitrilopropionamide............     1/1/95
    10294-34-5  Boron trichloride............................     1/1/95
    10453-86-8  Resmethrin [[5-(Phenylmethyl)-3-                  1/1/95
                 furanyl]methyl 2,2-dimethyl-3-(2-methyl-1-
                 propenyl)cyclopropanecarboxylate]]..........
    12122-67-7  Zineb [Carbamodithioic acid, 1,2-                 1/1/87
                 ethanediylbis-, zinc complex]...............
    12427-38-2  Maneb [Carbamodithioic acid, 1,2-                 1/1/87
                 ethanediylbis-, manganese complex]..........
    13194-48-4  Ethoprop [Phosphorodithioic acid O-ethyl S,S-     1/1/95
                 dipropyl ester].............................
    13356-08-6  Fenbutatin oxide (hexakis(2-methyl-2-             1/1/95
                 phenylpropyl)distannoxane)..................
    13463-40-6  Iron pentacarbonyl...........................     1/1/95
    13474-88-9  1,1-Dichloro-1,2,2,3,3-pentafluoropropane         1/1/95
                 (HCFC-225cc)................................
    13684-56-5  Desmedipham..................................     1/1/95
    14484-64-1  Ferbam [Tris(dimethylcarbamo-dithioato-           1/1/95
                 S,S')iron]..................................
    15972-60-8  Alachlor.....................................     1/1/95
    16071-86-6  C.I. Direct Brown 95.........................     1/1/87
    16543-55-8  N-Nitrosonornicotine.........................     1/1/87
    17804-35-2  Benomyl......................................     1/1/95
    19044-88-3  Oryzalin [4-(Dipropylamino)-3,5-                  1/1/95
                 dinitrobenzene-sulfonamide].................
    19666-30-9  Oxydiazon [3-[2,4-Dichloro-5-(1-                  1/1/95
                 methylethoxy)phenyl]-5-(1,1-dimethylethyl)-
                 1,3,4-oxadiazol-2(3H)-one]..................
    20325-40-0  3,3'-Dimethoxybenzidine dihydrochloride           1/1/95
                 (Dianisidine dihydrochloride)...............
    20354-26-1  Methazole [2-(3,4-Dichlorophenyl)-4-methyl-       1/1/95
                 1,2,4-oxadiazolidine-3,5-dione].............
    20816-12-0  Osmium tetroxide.............................     1/1/87
    20859-73-8  Aluminum phosphide...........................     1/1/95
    21087-64-9  Metribuzin...................................     1/1/95
    21725-46-2  Cyanazine....................................     1/1/95
    22781-23-3  Bendiocarb [2,2-Dimethyl-1,3-benzodioxol-4-ol     1/1/95
                 methylcarbamate]............................
    23564-05-8  Thiophanate methyl...........................     1/1/95
    23564-06-9  Thiophanate ethyl [[1,2-                          1/1/95
                 Phenylenebis(iminocarbonothioyl)]biscarbamic
                 acid diethyl ester].........................
    23950-58-5  Pronamide....................................     1/1/94
    25311-71-1  Isofenphos [2-[[Ethoxyl[(1-                       1/1/95
                 methylethyl)amino]phosphinothioyl]oxy]benzoi
                 c acid 1-methylethyl ester].................
    25321-14-6  Dinitrotoluene...............................     1/1/90
                 (mixed isomers).............................
    25321-22-6  Dichlorobenzene (mixed isomers)..............     1/1/87
    25376-45-8  Diaminotoluene (mixed isomers)...............     1/1/87
    26002-80-2  Phenothrin [2,2-Dimethyl-3-(2-methyl-1-           1/1/95
                 propenyl)cyclopropanecarboxylic acid (3-
                 phenoxyphenyl)methyl ester].................
    26471-62-5  Toluenediisocyanate..........................     1/1/90
                 (mixed isomers).............................
    26628-22-8  Sodium azide.................................     1/1/95
    26644-46-2  Triforine [N,N'-[1,4-Piperazinediylbis(2,2,2-     1/1/95
                 trichloroethylidene)] bisformamide].........
    27314-13-2  Norflurazon [4-Chloro-5-(methylamino)-2-[3-       1/1/95
                 (trifluoromethyl)phenyl]- 3(2H)-
                 pyridazinone]...............................
    28057-48-9  d-trans-Allethrin [d-trans-Chrysanthemic acid     1/1/95
                 of d-allethrone]............................
    28249-77-6  Thiobencarb [Carbamic acid, diethylthio-, s-      1/1/95
                 (p-chlorobenzyl)]...........................
    28407-37-6  C.I. Direct Blue 218.........................     1/1/95
    29082-74-4  Octachlorostyrene............................       1/00
    29232-93-7  Pirimiphos methyl [O-(2-(Diethylamino)-6-         1/1/95
                 methyl-4-pyrimidinyl)-O,O-dimethyl
                 phosphorothioate]...........................
    30560-19-1  Acephate (Acetylphosphoramidothioic acid O,S-     1/1/95
                 dimethyl ester).............................
    31218-83-4  Propetamphos [3-                                  1/1/95
                 [[(Ethylamino)methoxyphosphino-thioyl]oxy]-2-
                 butenoic acid, 1-methylethyl ester].........
    33089-61-1  Amitraz......................................     1/1/95
    34014-18-1  Terbuthiuron [N-[5-(1,1-Dimethylethyl)-1,3,4-     1/1/95
                 thiadiazol-2-yl)-N,N'- dimethylurea]........
    34077-87-7  Dichlorotrifluoroethane......................     1/1/94
    35367-38-5  Diflubenzuron................................     1/1/95
    35400-43-2  Sulprofos [O-Ethyl O-[4-                          1/1/95
                 (methylthio)phenyl]phosphorodithioic acid S-
                 propyl ester]...............................
    35554-44-0  Imazalil [1-[2-(2,4-Dichlorophenyl)-2-(2-         1/1/95
                 propenyloxy)ethyl]-1H-imidazole]............
    35691-65-7  1-Bromo-1-(bromomethyl)-1,3-                      1/1/95
                 propanedicarbonitrile.......................
    38727-55-8  Diethatyl ethyl..............................     1/1/95
    39156-41-7  2,4-Diaminoanisole sulfate...................     1/1/87
    39300-45-3  Dinocap......................................     1/1/95
    39515-41-8  Fenpropathrin [2,2,3,3-                           1/1/95
                 Tetramethylcyclopropane carboxylic acid
                 cyano(3-phenoxyphenyl)methyl ester].........
    40487-42-1  Pendimethalin [N-(1-Ethylpropyl)-3,4-dimethyl-    1/1/95
                 2,6-dinitrobenzen-amine]....................
    41198-08-7  Profenofos [O-(4-Bromo-2-chlorophenyl)-O-         1/1/95
                 ethyl-S-propyl phosphorothioate]............
    41766-75-0  3,3'-Dimethylbenzidine dihydrofluoride (ortho-    1/1/95
                 Tolidine dihydrofluoride)...................
    42874-03-3  Oxyfluorfen..................................     1/1/95
    43121-43-3  Triadimefon [1-(4-Chlorophenoxy)-3,3-dimethyl-    1/1/95
                 1-(1H-1,2,4-triazol-1-yl)-2-butanone].......
    50471-44-8  Vinclozolin [3-(3,5-Dichlorophenyl)-5-ethenyl-    1/1/95
                 5-methyl-2,4- oxazolidinedione].............
    51235-04-2  Hexazinone...................................     1/1/95
    51338-27-3  Diclofop methyl [2-[4-(2,4-                       1/1/95
                 Dichlorophenoxy)phenoxy]propanoic acid,
                 methyl ester]...............................
    51630-58-1  Fenvalerate..................................     1/1/95

[[Page 495]]

 
    52645-53-1  Permethrin [3-(2,2-Dichloroethenyl)-2,2-          1/1/95
                 dimethylcyclopropanecarboxylic acid, (3-
                 phenoxyphenyl)methyl ester].................
    53404-19-6  Bromacil, lithium salt [2,4-(1H,3H)-              1/1/95
                 Pyrimidinedione, 5-bromo-6-methyl-3- (1-
                 methylpropyl), lithium salt]................
    53404-37-8  2,4-D 2-ethyl-4-methylpentyl ester...........     1/1/95
    53404-60-7  Dazomet, sodium salt [Tetrahydro-3,5-dimethyl-    1/1/95
                 2H-1,3,5-thiadiazine-2-thione, ion(1-),
                 sodium].....................................
    55290-64-7  Dimethipin [2,3,-Dihydro-5,6-dimethyl-1,4-        1/1/95
                 dithiin 1,1,4,4-tetraoxide].................
    55406-53-6  3-Iodo-2-propynyl butylcarbamate.............     1/1/95
    57213-69-1  Triclopyr, triethylammonium salt.............     1/1/95
    59669-26-0  Thiodicarb...................................     1/1/95
    60168-88-9  Fenarimol [.alpha.-(2-Chlorophenyl)-.alpha.-4-    1/1/95
                 chlorophenyl)-5-pyrimidine- methanol].......
    60207-90-1  Propiconazole [1-[2-(2,4-Dichlorophenyl)-4-       1/1/95
                 propyl-1,3-dioxolan-2-yl]-methyl-1H-1,2,4,-
                 triazole]...................................
    62476-59-9  Acifluorfen, sodium salt [5-(2-Chloro-4-          1/1/95
                 (trifluoromethyl) phenoxy)-2-nitrobenzoic
                 acid, sodium salt]..........................
    62924-70-3  Flumetralin [2-Chloro-N-(2,6-dinitro-4-           1/1/95
                 (trifluoromethyl)-phenyl)-N-ethyl-6-
                 fluorobenzenemethanamine]...................
    63938-10-3  Chlorotetrafluoroethane......................     1/1/94
    64902-72-3  Chlorsulfuron [2-chloro-N-[[4-methoxy-6-          1/1/95
                 methyl-1,3,5-triazin-2-yl)amino]
                 carbonyl]benzenesulfonamide]................
    64969-34-2  3,3'-Dichlorobenzidine.sulfate...............     1/1/95
    66441-23-4  Fenoxaprop ethyl [2-(4-((6-Chloro-2-              1/1/95
                 benzoxazolylen)oxy)phenoxy) propanoic acid,
                 ethyl ester]................................
    67485-29-4  Hydramethylnon [Tetrahydro-5,5-dimethyl-2(1H)-    1/1/95
                 pyrimidinone[3-[4- (trifluoromethyl)phenyl]-
                 1-[2-[4-(trifluoromethyl)phenyl]ethenyl]-2-
                 propenylidene]hydrazone]....................
    68085-85-8  Cyhalothrin [3-(2-Chloro-3,3,3-trifluoro-1-       1/1/95
                 propenyl)-2,2-
                 dimethylcyclopropanecarboxylic acid cyano(3-
                 phenoxyphenyl)methyl ester].................
    68359-37-5  Cyfluthrin [3-(2,2-Dichloro-ethenyl)-2,2-         1/1/95
                 dimethylcyclo-propanecarboxylic acid,
                 cyano(4-fluoro-3-phenoxyphenyl)methyl ester]
    69409-94-5  Fluvalinate [N-[2-Chloro-4-                       1/1/95
                 (trifluoromethyl)phenyl]-DL-valine(+)-
                 cyano(3-phenoxyphenyl)methylester]..........
    69806-50-4  Fluazifop-butyl [2-[4-[[5-(Trifluoromethyl)-2-    1/1/95
                 pyridinyl]oxy]-phenoxy]propanoic acid, butyl
                 ester]......................................
    71751-41-2  Abamectin [Avermectin B1]....................     1/1/95
    72178-02-0  Fomesafen [5-(2-Chloro-4-                         1/1/95
                 (trifluoromethyl)phenoxy)-N-methylsulfonyl)-
                 2- nitrobenzamide]..........................
    72490-01-8  Fenoxycarb [2-(4-                                 1/1/95
                 Phenoxyphenoxy)ethyl]carbamic acid ethyl
                 ester]......................................
    74051-80-2  Sethoxydim [2-[1-(Ethoxyimino)butyl]-5-[2-        1/1/95
                 (ethylthio)propyl]-3-hydroxy-2-cyclohexen-1-
                 one]........................................
    76578-14-8  Quizalofop-ethyl [2-[4-[(6-Chloro-2-              1/1/95
                 quinoxalinyl)oxy]phenoxy] propanoic acid
                 ethyl ester]................................
    77501-63-4  Lactofen [5-(2-Chloro-4-                          1/1/95
                 (trifluoromethyl)phenoxy)-2-nitro-2-ethoxy-1-
                 methyl-2-oxoethyl ester]....................
    82657-04-3  Bifenthrin...................................     1/1/95
    88671-89-0  Myclobutanil [.alpha.-Butyl-.alpha.-(4-           1/1/95
                 chlorophenyl)-1H-1,2,4-triazole- 1-
                 propanenitrile].............................
    90454-18-5  Dichloro-1,1,2-trifluoroethane...............     1/1/94
    90982-32-4  Chlorimuron ethyl [Ethyl-2-[[[(4-chloro-6-        1/1/95
                 methoxyprimidin-2-yl)-carbonyl]-
                 amino]sulfonyl]benzoate]....................
   101200-48-0  Tribenuron methyl [2-(((((4-Methoxy-6-methyl-     1/1/95
                 1,3,5-triazin-2-yl)-
                 methylamino)carbonyl)amino)sulfonyl)-,
                 methyl ester]...............................
   111512-56-2  1,1-dichloro-1,2,3,3,3-pentafluoropropane         1/1/95
                 (HCFC-225eb)................................
   111984-09-9  3,3'-Dimethoxybenzidine hydrochloride             1/1/95
                 (Dianisidine dihydrochloride)...............
   127564-92-5  Dichloropentafluoropropane...................     1/1/95
   128903-21-9  2,2-Dichloro-1,1,1,3,3-pentafluoropropane         1/1/95
                 (HCFC-225aa)................................
   136013-79-1  1,3-Dichloro-1,1,2,3,3-pentafluoropropane         1/1/95
                 (HCFC-225ea)................................
------------------------------------------------------------------------
*Note: CAS No. 6484-52-2 is removed from this listing; the removal is
  effective July 2, 1995, for the 1995 reporting year.
*Note: The listing of 2,2-dibromo-3-nitrilopropionamide (DBNPA)(CAS No.
  10222-01-2) is stayed. The stay will remain in effect until further
  administrative action is taken.

    (c) Chemical categories in alphabetical order.

------------------------------------------------------------------------
                                                               Effective
                        Category name                             date
------------------------------------------------------------------------
Antimony Compounds: Includes any unique chemical substance        1/1/87
 that contains antimony as part of that chemical's
 infrastructure..............................................
Arsenic Compounds: Includes any unique chemical substance         1/1/87
 that contains arsenic as part of that chemical's
 infrastructure..............................................
Barium Compounds: Includes any unique chemical substance that     1/1/87
 contains barium as part of that chemical's infrastructure
 (except for barium sulfate, (CAS No. 7727-43-7).............
Beryllium Compounds: Includes any unique chemical substance       1/1/87
 that contains beryllium as part of that chemical's
 infrastructure..............................................
Cadmium Compounds: Includes any unique chemical substance         1/1/87
 that contains cadmium as part of that chemical's
 infrastructure..............................................
Chlorophenols................................................     1/1/87
------------------------------------------------------------------------


[[Page 496]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.039

Where x=1 to 5

------------------------------------------------------------------------
                                                               Effective
                        Category name                             date
------------------------------------------------------------------------
Chromium Compounds: Includes any unique chemical substance        1/1/87
 that contains chromium as part of that chemical's
 infrastructure (except for chromite ore mined in the
 Transvaal Region of South Africa and the unreacted ore
 component of the chromite ore processing residue (COPR).
 COPR is the solid waste remaining after aqueous extraction
 of oxidized chromite ore that has been combined with soda
 ash and kiln roasted at approximately 2,000 [deg]F.)........
Cobalt Compounds: Includes any unique chemical substance that     1/1/87
 contains cobalt as part of that chemical's infrastructure...
Copper Compounds: Includes any unique chemical substance that     1/1/87
 contains copper as part of that chemical's infrastructure
 (except for C.I. Pigment Blue 15 (PB-15, CAS No. 147-14-8),
 C.I. Pigment Green 7 (PG-7, CAS No. 1328-53-6), and C.I.
 Pigment Green 36 (PG-36, CAS No. 14302-13-7) except copper
 phthalocyanine compounds that are substituted with only
 hydrogen and/or bromine and/or chlorine that meet the
 following molecular structure definition:...................
------------------------------------------------------------------------

                                                               [GRAPHIC] [TIFF OMITTED] TC02AU92.040
                                                               
where R = H and/or Br and/or Cl only.''

------------------------------------------------------------------------
                                                               Effective
                        Category name                             date
------------------------------------------------------------------------
Cyanide Compounds: X= CN- where X = H- or any other group         1/1/87
 where a formal dissociation can be made. For example KCN, or
 Ca(CN)2.....................................................
Diisocyanates (This category includes only those chemicals        1/1/95
 listed below)...............................................
  038661-72-2 1,3-Bis(methylisocyanate)cyclohexane
  010347-54-3 1,4-Bis(methylisocyanate)cyclohexane

[[Page 497]]

 
  002556-36-7 1,4-Cyclohexane diisocyanate
  134190-37-7 Diethyldiisocyanatobenzene
  004128-73-8 4,4'-Diisocyanatodiphenyl ether
  075790-87-3 2,4'-Diisocyanatodiphenyl sulfide
  000091-93-0 3,3'-Dimethoxybenzidine-4,4'-diisocyanate
  000091-97-4 3,3'-Dimethyl-4,4'-diphenylene diisocyanate
  000139-25-3 3,3'-Dimethyldiphenylmethane-4,4'-diisocyanate
  000822-06-0 Hexamethylene-1,6-diisocyanate
  004098-71-9 Isophorone diisocyanate
  075790-84-0 4-Methyldiphenylmethane-3,4-diisocyanate
  005124-30-1 1,1-Methylene bis(4-isocyanatocyclohexane)
  000101-68-8 Methylenebis(phenylisocyanate) (MDI)
  003173-72-6 1,5-Naphthalene diisocyanate
  000123-61-5 1,3-Phenylene diisocyanate
  000104-49-4 1,4-Phenylene diisocyanate
  009016-87-9 Polymeric diphenylmethane diisocyanate
  016938-22-0 2,2,4-Trimethylhexamethylene diisocyanate
  015646-96-5 2,4,4-Trimethylhexamethylene diisocyanate
Dioxin and dioxin-like compounds (Manufacturing; and the
 processing or otherwise use of dioxin and dioxin-like
 compounds if the dioxin and dioxin-like compounds are
 present as contaminants in a chemical and if they were
 created during the manufacturing of that chemical)
(This category includes only those chemicals listed below)          1/00
  67562-39-4 1,2,3,4,6,7,8-Heptachlorodibenzofuran
  55673-89-7 1,2,3,4,7,8,9-Heptachlorodibenzofuran
  70648-26-9 1,2,3,4,7,8-Hexachlorodibenzofuran
  57117-44-9 1,2,3,6,7,8-Hexachlorodibenzofuran
  72918-21-9 1,2,3,7,8,9-Hexachlorodibenzofuran
  60851-34-5 2,3,4,6,7,8-Hexachlorodibenzofuran
  39227-28-6 1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin
  57653-85-7 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin
  19408-74-3 1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin
  35822-46-9 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin
  39001-02-0 1,2,3,4,6,7,8,9-Octachlorodibenzofuran
  03268-87-9 1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin
  57117-41-6 1,2,3,7,8-Pentachlorodibenzofuran
  57117-31-4 2,3,4,7,8-Pentachlorodibenzofuran
  40321-76-4 1,2,3,7,8-Pentachlorodibenzo-p-dioxin
  51207-31-9 2,3,7,8-Tetrachlorodibenzofuran
  01746-01-6 2,3,7,8-Tetrachlorodibenzo-p-dioxin
Ethylenebisdithiocarbamic acid, salts and esters.............     1/1/94
Certain Glycol Ethers........................................     1/1/95
  R - (OCH2 CH2)n - OR'
  Where:
   n = 1, 2, or 3;
   R = alkyl C7 or less; or
   R = phenyl or alkyl substituted phenyl;
   R' = H or alkyl C7 or less; or
   OR' consisting of carboxylic acid ester, sulfate,
   phosphate, nitrate, or sulfonate.
Lead Compounds: Includes any unique chemical substance that       1/1/87
 contains lead as part of that chemical's infrastructure.....
Manganese Compounds: Includes any unique chemical substance       1/1/87
 that contains manganese as part of that chemical's
 infrastructure..............................................
Mercury Compounds: Includes any unique chemical substance         1/1/87
 that contains mercury as part of that chemical's
 infrastructure..............................................
Nicotine and salts...........................................     1/1/95
Nitrate compounds (water dissociable; reportable only when in     1/1/95
 aqueous solution)...........................................
Nickel Compounds: Includes any unique chemical substance that     1/1/87
 contains nickel as part of that chemical's infrastructure...
Polybrominated Biphenyls (PBBs)..............................     1/1/87
Polychlorinated alkanes (C10 to C13): Includes those              1/1/95
 chemicals defined by the following formula:
  Cx H2x-y=2 Cly
  where x= 10 to 13;
   y= 3 to 12; and
  where the average chlorine content ranges from 40-70% with
   the limiting molecular formulas C10 H19 Cl3 and C13 H16
   Cl12.
Polycyclic aromatic compounds (PACs): (This category includes     1/1/95
 only those chemicals listed below)..........................
  00056-55-3 Benz(a)anthracene
  00218-01-9 Benzo(a)phenanthrene
  00050-32-8 Benzo(a)pyrene
  00205-99-2 Benzo(b)fluoranthene
  00205-82-3 Benzo(j)fluoranthene
  00207-08-9 Benzo(k)fluoranthene
  00206-44-0 Benzo(j,k)fluorene                                     1/00

[[Page 498]]

 
  00189-55-9 Benzo(rst)pentaphene
  00226-36-8 Dibenz(a,h)acridine
  00224-42-0 Dibenz(a,j)acridine
  00053-70-3 Dibenzo(a,h)anthracene
  05385-75-1 Dibenzo(a,e)fluoranthene
  00192-65-4 Dibenzo(a,e)pyrene
  00189-64-0 Dibenzo(a,h)pyrene
  00191-30-0 Dibenzo(a,l)pyrene
  00194-59-2 7H-Dibenzo(c,g)carbazole
  00057-97-6 7,12-Dimethylbenz(a)anthracene
  00193-39-5 Indeno[1,2,3-cd]pyrene
  00056-49-5 3-Methylcholanthrene                                   1/00
  03697-24-3 5-Methylchrysene
  05522-43-0 1-Nitropyrene
------------------------------------------------------------------------

  [GRAPHIC] [TIFF OMITTED] TC02AU92.041
  
    Where x=1 to 10

------------------------------------------------------------------------
                                                               Effective
                        Category name                             date
------------------------------------------------------------------------
Selenium Compounds: Includes any unique chemical substance        1/1/87
 that contains selenium as part of that chemical's
 infrastructure..............................................
Silver Compounds: Includes any unique chemical substance that     1/1/87
 contains silver as part of that chemical's infrastructure...
Strychnine and salts.........................................     1/1/95
Thallium Compounds: Includes any unique chemical substance        1/1/87
 that contains thallium as part of that chemical's
 infrastructure..............................................
Vanadium compounds...........................................       1/00
Warfarin and salts...........................................     1/1/94
Zinc Compounds: Includes any unique chemical substance that       1/1/87
 contains zinc as part of that chemical's infrastructure.....
------------------------------------------------------------------------


[53 FR 4525, Feb. 16, 1988; 53 FR 12748, Apr. 18, 1988]

    Editorial Note: For Federal Register citations affecting Sec. 
372.65, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                    Subpart E_Forms and Instructions



Sec. 372.85  Toxic chemical release reporting form and instructions.

    (a) Availability of reporting form and instructions. The most 
current version of Form R may be found on the following EPA Program Web 
site, http://www.epa.gov/tri. Any subsequent changes to the Form R will 
be posted on this Web site. Submitters may also contact the TRI Program 
at (202) 564-9554 to obtain this information.
    (b) Form elements. Information elements reportable on EPA Form R or 
equivalent magnetic media format include the following:
    (1) An indication of whether the report:
    (i) Claims chemical identity as trade secret.
    (ii) Covers the entire facility or part of a facility.
    (2) Signature of a senior management official certifying the 
following: ``I hereby certify that I have reviewed the attached 
documents and, to the best of my knowledge and belief, the submitted 
information is true and complete and that amounts and values in

[[Page 499]]

this report are accurate based upon reasonable estimates using data 
available to the preparer of the report.''
    (3) Facility name and address including the toxic chemical release 
inventory facility identification number if known.
    (4) Name and telephone number for both a technical contact and a 
public contact.
    (5) The four-digit SIC code(s) for the facility or establishments in 
the facility.
    (6) Dun and Bradstreet identification number.
    (7) The name(s) of receiving stream(s) or water body to which the 
chemical is released.
    (8) Name of the facility's parent company and its Dun and Bradstreet 
identification number.
    (90) Name and CAS number (if applicable) of the chemical reported.
    (10) If the chemical identity is claimed trade secret, a generic 
name for the chemical.
    (11) A mixture component identity if the chemical identity is not 
known.
    (12) An indication of the activities and uses of the chemical at the 
facility.
    (13) An indication of the maximum amount of the chemical on site at 
any point in time during the reporting year.
    (14) Information on releases of the chemical to the environment as 
follows:
    (i) An estimate of total releases in pounds (except for dioxin and 
dioxin-like compounds, which shall be reported in grams) per year 
(releases of less than 1,000 pounds per year may be indicated in ranges, 
except for chemicals set forth in Sec. 372.28) from the facility plus 
an indication of the basis of estimate for the following:
    (A) Fugitive or non-point air emissions.
    (B) Stack or point air emissions.
    (C) Discharges to receiving streams or water bodies including an 
indication of the percent of releases due to stormwater.
    (D) Underground injection on site.
    (E) Releases to land on site.
    (ii) Report a distribution of the chemicals included in the dioxin 
and dioxin-like compounds category. Such distribution shall either 
represent the distribution of the total quantity of dioxin and dioxin-
like compounds released to all media from the facility; or its one best 
media-specific distribution.
    (15) Information on transfers of the chemical in wastes to off-site 
locations as follows:
    (i) For transfers to Publicly Owned Treatment Works (POTW):
    (A) The name and address (including county) of each POTW to which 
the chemical is transferred.
    (B) An estimate of the amount of the chemical transferred in pounds 
(except for dioxin and dioxin-like compounds, which shall be reported in 
grams) per year (transfers of less than 1,000 pounds per year may be 
indicated as a range, except for chemicals set forth in Sec. 372.28) 
and an indication of the basis of the estimate.
    (ii) For transfers to other off-site locations:
    (A) The name, address (including county), and EPA identification 
number (RCRA I.D. Number) of each off-site location, including an 
indication of whether the location is owned or controlled by the 
reporting facility or its parent company.
    (B) An estimate of the amount of the chemical in waste transferred 
in pounds (except for dioxin and dioxin-like compounds, which shall be 
reported in grams) per year (transfers of less than 1,000 pounds may be 
indicated in ranges, except for chemicals set forth in Sec. 372.28) to 
each off-site location, and an indication of the basis for the estimate 
and an indication of the type of treatment or disposal used.
    (16) The following information relative to waste treatment:
    (i) An indication of the general type of wastestream containing the 
reported chemical.
    (ii) The treatment method applied to the wastestream.
    (iii) An estimate of the efficiency of the treatment, which shall be 
indicated by a range.
    (iv) An indication (use is optional) of whether treatments listed 
are part of a treatment sequence.

[56 FR 29186, June 26, 1991, as amended at 64 FR 58753, Oct. 29, 1999; 
70 FR 39949, July 12, 2005]

[[Page 500]]


    Effective Date Note: At 71 FR 32477, June 6, 2006, Sec. 372.85 was 
amended by revising paragraph (b)(5), effective Aug. 7, 2006. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 372.85  Toxic chemical release reporting form and instructions.

                                * * * * *

    (b) * * *
    (5) The four-digit SIC code(s) for the facility or establishments in 
the facility until the reporting year ending December 31, 2005, for 
which reporting forms are due July 1, 2006. Beginning with the reporting 
year ending December 31, 2006, for which reporting forms are due July 1, 
2007, and for each subsequent reporting year, the six-digit NAICS 
code(s) for the facility or establishments in the facility.



Sec. 372.95  Alternate threshold certification and instructions.

    (a) Availability of the alternate threshold certification statement 
and instructions. Availability of the alternate threshold certification 
statement and instructions is the same as provided in Sec. 372.85(a) 
for availability of the reporting form and instructions.
    (b) Alternate threshold certification statement elements. The 
following information must be reported on an alternate threshold 
certification statement pursuant to Sec. 372.27(b):
    (1) Reporting year.
    (2) An indication of whether the chemical identified is being 
claimed as trade secret.
    (3) Chemical name and CAS number (if applicable) of the chemical, or 
the category name.
    (4) Signature of a senior management official certifying the 
following: pursuant to 40 CFR 372.27, ``I hereby certify that to the 
best of my knowledge and belief for the toxic chemical listed in this 
statement, the annual reportable amount, as defined in 40 CFR 372.27(a), 
did not exceed 500 pounds for this reporting year and that the chemical 
was manufactured, or processed, or otherwise used in an amount not 
exceeding 1 million pounds during this reporting year.''
    (5) Date signed.
    (6) Facility name and address.
    (7) Mailing address of the facility if different than paragraph 
(b)(6) of this section.
    (8) Toxic chemical release inventory facility identification number 
if known.
    (9) Name and telephone number of a technical contact.
    (10) The four-digit SIC codes for the facility or establishments in 
the facility.
    (11) Dun and Bradstreet Number of the facility.
    (12) Name of the facility's parent company.
    (13) Parent company's Dun and Bradstreet Number.

[59 FR 61502, Nov. 30, 1994, as amended at 70 FR 39949, July 12, 2005]

    Effective Date Note: At 71 FR 32477, June 6, 2006, Sec. 372.95 was 
amended by revising paragraph (b)(10), effective Aug. 7, 2006. For the 
convenience of the user, the revised text is set forth as follows:

Sec. 372.95  Alternate threshold certification and instructions.

                                * * * * *

    (b) * * *
    (10) The four-digit SIC code(s) for the facility or establishments 
in the facility until the reporting year ending December 31, 2005, for 
which reporting forms are due July 1, 2006. Beginning with the reporting 
year ending December 31, 2006, for which reporting forms are due July 1, 
2007, and for each subsequent reporting year, the six-digit NAICS 
code(s) for the facility or establishments in the facility.



PART 373_REPORTING HAZARDOUS SUBSTANCE ACTIVITY WHEN SELLING OR 
TRANSFERRING FEDERAL REAL PROPERTY--Table of Contents




Sec.
373.1 General requirement.
373.2 Applicability.
373.3 Content of notice.
373.4 Definitions.

    Authority: 42 U.S.C. 9620.

    Source: 55 FR 14212, Apr. 16, 1990, unless otherwise noted.



Sec. 373.1  General requirement.

    After the last day of the six-month period beginning on April 16, 
1990, whenever any department, agency or instrumentality of the United 
States enters into any contract for the sale or other transfer of real 
property which is owned by the United States and at

[[Page 501]]

which any hazardous substance was stored for one year or more, known to 
have been released, or disposed of, the head of such department, agency 
or instrumentality must include in such contract notice of the type and 
quantity of such hazardous substance and notice of the time at which 
such storage, release or disposal took place, to the extent such 
information is available on the basis of a complete search of agency 
files.

[60 FR 33915, June 29, 1995]



Sec. 373.2  Applicability.

    (a) Except as otherwise provided in this section, the notice 
required by 40 CFR 373.1 applies whenever the United States enters into 
any contract for the sale or other transfer of real property which is 
owned by the United States and on which any hazardous substance was 
stored for one year or more, known to have been released, or disposed 
of.
    (b) The notice required by 40 CFR 373.1 for the storage for one year 
or more of hazardous substances applies only when hazardous substances 
are or have been stored in quantities greater than or equal to 1000 
kilograms or the hazardous substance's CERCLA reportable quantity found 
at 40 CFR 302.4, whichever is greater. Hazardous substances that are 
also listed under 40 CFR 261.30 as acutely hazardous wastes, and that 
are stored for one year or more, are subject to the notice requirement 
when stored in quantities greater than or equal to one kilogram.
    (c) The notice required by 40 CFR 373.1 for the known release of 
hazardous substances applies only when hazardous substances are or have 
been released in quantities greater than or equal to the substance's 
CERCLA reportable quantity found at 40 CFR 302.4.



Sec. 373.3  Content of notice.

    The notice required by 40 CFR 373.1 must contain the following 
information:
    (a) The name of the hazardous substance; the Chemical Abstracts 
Services Registry Number (CASRN) where applicable; the regulatory 
synonym for the hazardous substance, as listed in 40 CFR 302.4, where 
applicable; the RCRA hazardous waste number specified in 40 CFR 261.30, 
where applicable; the quantity in kilograms and pounds of the hazardous 
substance that has been stored for one year or more, or known to have 
been released, or disposed of, on the property, and the date(s) that 
such storage, release, or disposal took place.
    (b) The following statement, prominently displayed: ``The 
information contained in this notice is required under the authority of 
regulations promulgated under section 120(h) of the Comprehensive 
Environmental Response, Liability, and Compensation Act (CERCLA or 
``Superfund'') 42 U.S.C. section 9620(h).''



Sec. 373.4  Definitions.

    For the purposes of implementing this regulation, the following 
definitions apply:
    (a) Hazardous substances means that group of substances defined as 
hazardous under CERCLA 101(14), and that appear at 40 CFR 302.4.
    (b) Storage means the holding of hazardous substances for a 
temporary period, at the end of which the hazardous substance is either 
used, neutralized, disposed of, or stored elsewhere.
    (c) Release is defined as specified by CERCLA 101(22).
    (d) Disposal means the discharge, deposit, injection, dumping, 
spilling, leaking or placing of any hazardous substance into or on any 
land or water so that such hazardous substance or any constituent 
thereof may enter the environment or be emitted into the air or 
discharged into any waters, including groundwater.



PART 374_PRIOR NOTICE OF CITIZEN SUITS--Table of Contents




Sec.
374.1 Purpose.
374.2 Service of notice.
374.3 Contents of notice.
374.4 Timing of notice.
374.5 Copy of complaint.
374.6 Addresses.

    Authority: 42 U.S.C. 9659.

    Source: 57 FR 55040, Nov. 23, 1992, unless otherwise noted.

[[Page 502]]



Sec. 374.1  Purpose.

    Section 310 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), authorizes civil 
actions by any person to enforce the Act. These civil actions may be 
brought against any person (including the United States, and any other 
governmental instrumentality or agency, to the extent permitted by the 
Eleventh Amendment to the Constitution), that is alleged to become 
effective pursuant to the Act (including any provision of an agreement 
under section 120 of the Act, relating to Federal facilities); and 
against the President or any other officer of the United States 
(including the Administrator of the Environmental Protection Agency and 
the Administrator of the Agency for Toxic Substances and Disease 
Registry) where there is alleged a failure to perform any act or duty 
under this Act, which is not discretionary with the President or such 
other officer, including an act or duty under section 120 of the Act 
(relating to Federal facilities), but not including any act or duty 
under section 311 of the Act (relating to research, development, and 
demonstration). These civil actions under section 310 of the Act are to 
be filed in accordance with the rules of the district court in which the 
action is instituted. The purpose of this part is to prescribe 
procedures governing the notice requirements of subsections (d) and (e) 
of section 310 of the Act as a prerequisite to the commencement of such 
actions.



Sec. 374.2  Service of notice.

    (a) Violation of standard, regulation, condition, requirement, or 
order. Notice of intent to file suit under subsection 310(a)(1) of the 
Act shall be served by personal service upon, or by certified mail, 
return receipt requested, addressed to the alleged violator of any 
standard, regulation, condition, requirement, or order which has become 
effective pursuant to this Act in the following manner:
    (1) If the alleged violator is a private individual or corporation, 
notice shall be served by personal service upon, or by certified mail, 
return receipt requested, addressed to the person alleged to be in 
violation. If the alleged violator is a corporation, a copy of the 
notice shall also be served by personal service upon or by certified 
mail, return receipt requested, addressed to the registered agent, if 
any, of that corporation in the State in which the violation is alleged 
to have occurred. A copy of the notice shall be served by personal 
service upon or by certified mail, return receipt requested, addressed 
to the United States Attorney General; to the Attorney General of the 
State in which the violation is alleged to have occurred; and to the 
head of the Federal agency with delegated responsibility for the CERCLA 
provision allegedly violated, pursuant to Executive Order 12580, 3 CFR, 
1987 Comp., p. 193, as amended by Executive Order 12777, 3 CFR, 1991 
Comp., p. 351. If the Environmental Protection Agency has responsibility 
for the CERCLA provision allegedly violated, then a copy of the notice 
shall be served by personal service upon or by certified mail, return 
receipt requested, addressed to the Administrator of the Environmental 
Protection Agency, and to the Regional Administrator of the 
Environmental Protection Agency for the Region in which the violation is 
alleged to have occurred. A list of addresses that may be useful in 
providing notice of citizen suits is provided at Sec. 374.6. Note that 
these addresses are subject to change and must be verified prior to use.
    (2) If the alleged violator is a State or local agency, notice shall 
be served by personal service upon or by certified mail, return receipt 
requested, addressed to the head of that agency. A copy of the notice 
shall be served by personal service upon or by certified mail, return 
receipt requested, addressed to the United States Attorney General; to 
the Attorney General of the State in which the violation is alleged to 
have occurred; and to the head of the Federal agency with delegated 
responsibility, pursuant to Executive Order 12580, for the CERCLA 
provision allegedly violated. If the Environmental Protection Agency has 
the delegated responsibility for the CERCLA provision allegedly 
violated, then a copy of the notice shall be served by

[[Page 503]]

personal service upon or by certified mail, return receipt requested, 
addressed to the Administrator of the Environmental Protection Agency, 
and to the Regional Administrator of the Environmental Protection Agency 
for the Region in which the violation is alleged to have occurred. A 
list of addresses that may be useful in providing notice of citizen 
suits is provided at Sec. 374.6. Note that these addresses are subject 
to change and must be verified prior to use.
    (3) If the alleged violator is a Federal agency, notice shall be 
served by personal service upon or by certified mail, return receipt 
requested, addressed to the head of the agency. A copy of the notice 
shall be served by personal service upon or by certified mail, return 
receipt requested, addressed to the United States Attorney General; to 
the Attorney General of the State in which the violation is alleged to 
have occurred; and to the head of the Federal agency with delegated 
responsibility, pursuant to Executive Order 12580, for the CERCLA 
provision allegedly violated. If the Environmental Protection Agency has 
the delegated responsibility for the CERCLA provision allegedly 
violated, then a copy of the notice shall be served by personal service 
upon or by certified mail, return receipt requested, addressed to the 
Administrator of the Environmental Protection Agency, and to the 
Regional Administrator of the Environmental Protection Agency for the 
Region in which the violation is alleged to have occurred. A list of 
addresses that may be useful in providing notice of citizen suits is 
provided at Sec. 374.6. These addresses are subject to change and must 
be verified prior to use.
    (b) Failure to act. Service of notice of intent to file suit under 
subsection 310(a)(2) of the Act shall be accomplished by personal 
service upon or by certified mail, return receipt requested, addressed 
to the United States Attorney General and to the head of the agency of 
the United States (including the Administrator of the Environmental 
Protection Agency or the Administrator of the Agency for Toxic 
Substances and Disease Registry), who is alleged to have failed to 
perform an act or duty which is not discretionary.
    (c) Date of service. Notice given in accordance with the provisions 
of this part shall be considered to have been served on the date of 
receipt. If notice or copy of notice is required to be served on more 
than one entity, notice shall be considered to have been served on the 
date of receipt by the last entity served. If service was accomplished 
by mail, the date of receipt will be considered to be the date noted on 
the return receipt card.



Sec. 374.3  Contents of notice.

    (a) Violation of standard, regulation, condition, requirement, or 
order. Notice regarding an alleged violation of a standard, regulation, 
condition, requirement, or order (including any provision of an 
agreement under section 120 of the Act, relating to Federal facilities) 
which has become effective under this Act shall include sufficient 
information to allow the recipient to identify the specific standard, 
regulation, condition, requirement, or order (including any provision of 
an agreement under section 120 of the Act, relating to Federal 
facilities) which has allegedly been violated; the activity or failure 
to act alleged to constitute a violation; the name and address of the 
site and facility alleged to be in violation, if known; the person or 
persons responsible for the alleged violation; the date or dates of the 
violation; and the full name, address, and telephone number of the 
person giving notice.
    (b) Failure to act. Notice regarding an alleged failure of the 
President or other officer of the United States to perform an act or 
duty which is not discretionary under the Act shall identify the 
provisions of the Act which require such act or create such duty; shall 
describe with reasonable specificity the action taken or not taken by 
the President or other officer that is claimed to constitute a failure 
to perform the act or duty; shall identify the Agency and name and title 
of the officers allegedly failing to perform the act or duty; and shall 
state the full name, address, and telephone number of the person giving 
the notice.
    (c) Identification of counsel. All notices shall state the name, 
address, and telephone number of the legal counsel,

[[Page 504]]

if any, representing the person giving the notice.

[57 FR 55040, Nov. 23, 1992; 57 FR 61612, Dec. 28, 1992]



Sec. 374.4  Timing of notice.

    (a) Violation of standard, regulation, condition, requirement, or 
order. No action may be commenced under subsection 310(a)(1) of the Act 
before sixty (60) days after the plaintiff has served notice of the 
violation as specified in Sec. 374.2(c). No action may be commenced 
under subsection 310(a)(1) of the Act if the President or his or her 
delegatee has commenced and is diligently prosecuting an action under 
the Act or under the Resource Conservation and Recovery Act (RCRA), 42 
U.S.C. 6901 et seq., to require compliance with the CERCLA standard, 
regulation, condition, requirement, or order concerned (including any 
provision of an agreement under section 120 of the Act).
    (b) Failure to act. No action may be commenced under subsection 
310(a)(2) of the Act before sixty (60) days after the plaintiff has 
given notice of the failure to act as specified in this part.



Sec. 374.5  Copy of complaint.

    At the time of filing an action under this Act, the plaintiff must 
provide a copy of the complaint to the Attorney General of the United 
States and to the Administrator of the Environmental Protection Agency.



Sec. 374.6  Addresses.

Administrator, U.S. Environmental Protection Agency, 1200 Pennsylvania 
    Ave., NW. (1101) , Washington, DC 20460.
Regional Administrator, Region I, U.S. Environmental Protection Agency, 
    John F. Kennedy Building, room 2203, Boston, MA 02203.
Regional Administrator, Region II, U.S. Environmental Protection Agency, 
    26 Federal Plaza, room 930, New York, NY 10278.
Regional Administrator, Region III, U.S. Environmental Protection 
    Agency, 841 Chestnut Street, Philadelphia, PA 19107.
Regional Administrator, Region IV, U.S. Environmental Protection Agency, 
    345 Courtland Street, NE., Atlanta, GA 30365.
Regional Administrator, Region V, U.S. Environmental Protection Agency, 
    77 West Jackson Boulevard, Chicago, IL 60604.
Regional Administrator, Region VI, U.S. Environmental Protection Agency, 
    1445 Ross Avenue, suite 1200, Dallas, TX 75202-2733.
Regional Administrator, Region VII, U.S. Environmental Protection 
    Agency, 726 Minnesota Avenue, Kansas City, KS 66101.
Regional Administrator, Region VIII, U.S. Environmental Protection 
    Agency, 999 18th Street, suite 500, Denver, CO 80202-2405.
Regional Administrator, Region IX, U.S. Environmental Protection Agency, 
    75 Hawthorne Street, San Francisco, CA 94105.
Regional Administrator, Region X, U.S. Environmental Protection Agency, 
    1200 Sixth Avenue, Seattle, WA 98101.
Administrator, Agency for Toxic Substances and Disease Registry, Center 
    for Disease Control, 200 Independence Avenue, SW., Washington, DC 
    20201.
Attorney General, United States Department of Justice, Tenth and 
    Pennsylvania Avenues, NW., Washington, DC 20530.

[57 FR 55040, Nov. 23, 1992, as amended at 65 FR 47325, Aug. 2, 2000]

                        PARTS 375-399 [RESERVED]

[[Page 505]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 507]]

            Material Approved for Incorporation by Reference

                      (Revised as of July 1, 2006)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


40 CFR (PARTS 300 TO 399): SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY 
RIGHT-TO-KNOW PROGRAMS

ENVIRONMENTAL PROTECTION AGENCY
                                                                  40 CFR


American Society for Testing and Materials

  100 Barr Harbor Drive, West Conshohocken, PA 
  19428-2959; Telephone: (610) 832-9585, FAX: 
  (610) 832-9555
ASTM D 56-87, Standard Test Method for Flash Point       300.915(a)(9), 
  by Tag Closed Tester.                               (b)(8), and (c)(8)
ASTM D 92-85, Standard Test Method for Flash and         300.915(a)(9), 
  Fire Points by Cleveland Open Cup.                  (b)(8), and (c)(8)
ASTM D 93-85, Standard Test Methods for Flash            300.915(a)(9), 
  Point by Pensky-Martens Closed Tester.              (b)(8), and (c)(8)
ASTM D 97-87, Standard Test Method for Pour Point        300.915(a)(9), 
  of Petroleum Oils.                                  (b)(8), and (c)(8)
ASTM D 445-86, Standard Test Method for Kinematic        300.915(a)(9), 
  Viscosity of Transparent and Opaque Liquids (and    (b)(8), and (c)(8)
  the Calculation of Dynamic Viscosity).
ASTM D 1293-84, Standard Test Methods for pH of          300.915(a)(9), 
  Water.                                              (b)(8), and (c)(8)
ASTM D 1298-85, Standard Test Method for Density,        300.915(a)(9), 
  Relative Density (Specific Gravity), or API         (b)(8), and (c)(8)
  Gravity of Crude Petroleum and Liquid Petroleum 
  Products by Hydrometer Method.
ASTM D 1310-86, Standard Test Method for Flash           300.915(a)(9), 
  Point and Fire Point of Liquids by Tag Open-Cup     (b)(8), and (c)(8)
  Apparatus.
ASTM D 3278-82, Standard Test Methods for Flash          300.915(a)(9), 
  Point of Liquids by Setaflash Closed-Cup            (b)(8), and (c)(8)
  Apparatus.


40 CFR (PART 310): REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY 
RESPONSE TO HAZARDOUS SUBSTANCE RELEASES
Bureau of the Census, Office of Public Affairs, Department of Commerce

  Constitution Avenue, NE., Washington, DC 20230
Current Population Reports, Local Population                      310.23
  Estimates, Series P-26, ``1988 Population and 
  1987 Per Capita Income Estimates for Counties 
  and Incorporated Places'', Vols. 88-S-SC, 88-
  ENC-SC, 88-NE-SC, 88-W-SC, 88-WNC-SC, March 
  1990.

[[Page 509]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2006)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100-199)
        II  Office of Management and Budget Circulars and Guidance 
                (200-299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements [Reserved]


                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)

[[Page 510]]

        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)

[[Page 511]]

    LXXVII  Office of Management and Budget (Part 8701)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Part 
                9701)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Part 9901)

                      Title 6--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)

[[Page 512]]

     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

[[Page 513]]

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (Parts 500--599)

[[Page 514]]

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

[[Page 515]]

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

[[Page 516]]

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)

[[Page 517]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)

[[Page 518]]

        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

[[Page 519]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)

[[Page 520]]

    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                         Title 35--[RESERVED]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)

[[Page 521]]

       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)

[[Page 522]]

       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 523]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 524]]

        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees' 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  [Reserved]
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)

[[Page 525]]

        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 526]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 527]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2006)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 528]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 529]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, II
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II

[[Page 530]]

  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102

[[Page 531]]

  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Defense Acquisition Regulations System          48, 2
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
   Archives and Records Administration
[[Page 532]]

Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50

[[Page 533]]

  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52

[[Page 534]]

Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII

[[Page 535]]

Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 537]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 2001, see the ``List of CFR Sections Affected, 1964-
1972, 1973-1985, and 1986-2000'' published in 10 separate volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
Chapter I
Chapter I Nomenclature change......................................34375
300 Appendix B amended.........10371, 10374, 34852, 35387, 35547, 36947, 
         38571, 39284, 39288, 40915, 42612, 43808, 44073, 45634, 46536, 
           47095, 47590, 48969, 55892, 56486, 57686, 59367, 59719, 64358
    Appendix B amended; eff. 7-23-01...28096, 28099, 28102, 28106, 28110
    Appendix B amended; eff. 7-16-01...............................32241
    Appendix B amended; eff. 8-20-01...............................33202
302.4 Table amended................................................58300
330 Added..........................................................54620
372.28 (a)(1) table and (2) table amended...........................4547
    Regulation at 66 FR 4547 eff. date delayed.....................10585
372.65 (c) amended.................................................24073

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
300 Appendix B amended.......5221, 5955, 7282, 7579, 7617, 11424, 12479, 
         19131, 43554, 47320, 53320, 53507, 53508, 54744, 56764, 57758, 
                         58731, 59020, 61273, 61274, 61804, 65321, 76684
302 State hazardous waste management program authorizations........16262
302 Technical correction...........................................64846
302.2 Removed......................................................45321
302.3 Amended......................................................45321
302.4 Note and table revised.......................................45321
    Table corrected.........................................54846, 54847
    Appendix A amended.............................................45348
    Appendix A corrected...........................................54847
302.5 (b) revised..................................................45356
302.6 (a) revised..................................................45356
302.7 (a)(3) revised...............................................45356
302.8 (e)(1)(iv)(H) and (f)(4)(viii) revised.......................45357

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
300 Appendix B amended.....1540, 2252, 2700, 13633, 19444, 23084, 23212, 
         27747, 27933, 27936, 41273, 48320, 50717, 55882, 56196, 62748, 
                                                                   64809
312 Added....................................................3434, 24891
    Regulation at 68 FR 3430 withdrawn.............................14339
350.16 Revised.....................................................64724
350.17 (a) introductory text revised...............................64724
350.27 (a) revised; (b) amended....................................64724
355 Appendices A and B amended.....................................52984

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803

[[Page 538]]

Chapter I
300 Appendix B amended........1924, 2304, 2306, 4081, 4253, 7876, 22453, 
                                                            26507, 31022
    Appendix B amended; interim....................................29079
    Appendix B amended; eff. 8-23-04...............................35258
    Appendix B amended.........43762, 44470, 45601, 45604, 47377, 48157, 
                  48398, 51586, 56955, 57651, 58323, 58840, 74451, 75850
355 Appendices A and B amended.....................................68815

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
300 Appendix B amended....5932, 7189, 20060, 20720, 21650, 21966, 22610, 
         24314, 33373, 34380, 34381, 35176, 38794, 39182, 41629, 43055, 
                         43785, 44066, 54292, 55300, 55775, 57158, 57161
    Regulation at 70 FR 39182 withdrawn............................52018
302.4 Table amended.................................................9180
310.15 (d) revised.................................................56577
310 Appendix II revised............................................56577
312 Revised; eff. 11-1-06..........................................66107
372.65 (a) and (b) amended.........................................37700
372.85 (a) revised; (b)(6) removed; (b)(7) through (18) 
        redesignated as new (b)(6) through (17); new (b)(6) 
        revised; new (b)(16)(iii) and (17) removed; new 
        (b)(16)(iv) and (v) redesignated as (b)(16)(iii) and (iv); 
        new (b)(16)(iii) revised...................................39949
372.95 (b)(11), (13), (14) and (15) removed; (b)(12), (16) and 
        (17) redesignated as new (b)(11), (12) and (13)............33949

                                  2006

   (Regulations published from January 1, 2006, through July 1, 2006)

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
282 Appendix A amended.............................................13772
300 Appendix B corrected............................................3227
    Appendix B amended......................................20022, 36019
    Appendix B amended; eff. 8-21-06........................35813, 35816
    Appendix B amended; eff. 8-22-06...............................36019
372.3 Amended; eff. 8-7-06.........................................32474
372.22 (b) introductory text, (1), (2), (3)(i) and (ii) revised; 
        eff. 8-7-06................................................32474
372.23 Added; eff. 8-7-06..........................................32474
372.38 (e), (g) and (h) revised; eff. 8-7-06.......................32477
372.45 (a)(1) revised; eff. 8-7-06.................................32477
372.85 (b)(5) revised; eff. 8-7-06.................................32477
372.95 (b)(10) revised; eff. 8-7-06................................32477


                                  [all]