REGION I
INLAND AREA CONTINGENCY PLAN
U. S. ENVIRONMENTAL PROTECTION AGENCY
DECEMBER 1993
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LETTER OF PROMULGATION
In accordance with the provisions of Subsection (j) of Section
311 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.
1321 (j)) as amended by Section 4202 of the Oil Pollution Act of
1990 (OP A 90) this Region I Inland Area Contingency Plan was
developed under the direction of a Federal On-Scene Coordinator
(OSC) to address the development of a National Planning and
Response System. As part of this system, Area Committees are to
be established for each area designated by the President. These
Area Committees are to be composed of qualified personnel from
Federal, State, and local agencies. The functions of designating
areas, appointing Area Committee members, determining the
information to be included in Area Contingency Plans, and
reviewing and approving Area Contingency Plans have been
delegated by executive Order 12777 of 22 October 1991, to the
Administrator of the Environmental Protection Agency for the
inland zone. On April 24, 1992, a Federal Register Notice was
issued by which the Administrator of the U.S. EPA designated the
inland areas of the 13 Regional Response Teams (RRTs) as the
designated Areas for the Inland Zone, and the 13 RRTs as the
initial Area Committees.
The area of coverage (Area) for this Area Contingency Plan is the
inland area of the U.S. EPA Region I RRT, including inland waters
and the states of Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont. Dennisses Valdes, Chief,
Emergency Response Section, will serve as the Area OSC, and David
W. Tordoff will serve as the Alternate Area OSC.
This plan is in effect upon signature approval by the Regional
Administrator. Comments and recommendations regarding this plan
are invited and should be addressed to; Area Contingency Plan
Coordinator, United States Environmental Protection Agency,
Region I, Emergency Response Section, 60 Westview Street,
Lexington, Massachusetts, 02173. This plan will be kept under
continual review. Changes, additional information, or
corrections will be promulgated as necessary and will be
consecutively numbered.
if
Paul G. Keough ^ Date
Acting Regional Administrator
U.S. Environmental Protection Agency
Region I
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REGION I
INLAND AREA CONTINGENCY PLAN
VOLUME I
U. S. ENVIRONMENTAL PROTECTION AGENCY
DECEMBER 1993
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This Area Contingency Plan (ACP) has been prepared under the
direction of a Federal On-Scene Coordinator to provide guidance
to response personnel working with any federal, state, or local
agency and any private corporation. This plan provides for the
coordination and direction of federal, state, and local response
systems and encourages the development of local government and
private capabilities to handle discharges and releases of oil or
hazardous substances to the environment.
This ACP is divided into two volumes. The first volume contains
generic language and planning information that applies to all
designated Areas within the Region and draws upon the National
Contingency Plan and Region I Regional Contingency Plan where
appropriate. The contents of Volume I include authorities,
abbreviations and definitions, and general language describing
the National Response System to address discharges or the
substantial threat of discharges of oil or hazardous substances.
The second volume of the ACP contains the Area-specific portions
of the plan. Volume II is organized according to the OPA section
4202 statutory requirements for ACPs for the entire inland area
of Region I. Additional volumes (ex. Volume Ila, Volume lib)
will be dedicated to designated subregional areas.
This plan shall be reviewed and changes will be promulgated as
amendments on a yearly basis or more frequently as necessary.
Comments should be forwarded in writing to the address noted
below and will be considered during the annual review and update
of this plan by the Area Committee.
Area Contingency Plan Coordinator
United States Environmental Protection Agency
Emergency Response Section
60 Westview Street
Lexington, Massachusetts 02173
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TABLE OF CONTENTS
INLAND AREA CONTINGENCY PLAN VOLUME I
I. INTRODUCTION: PAGE
1. Purpose and Objective 1
2. Authority and Applicability 1
3. Scope 1
4. Abbreviations and Acronyms 2
5. Definitions 4
II. RESPONSIBILITY AND ORGANIZATION FOR RESPONSE:
1. Duties of President Delegated to Federal
Agencies 8
2. General Organization Concepts 8
3. National Response Team 8
4. Regional Response Team 8
5. Area Committee 9
6. On-Scene Coordinators: General
Responsibilities 9
7. Notification and Communications 9
8. Determinations to Initiate Response and
Special Conditions 10
9. Response Operations 10
10. Multi-Area Responses 13
11. Special Teams and Other Assistance Available
to Federal OSCs 13
12. Worker Health and Safety 16
13. Public Information and Community Relations . . 17
14. Documentation and Cost Recovery 17
15. OSC Reports 18
16. Federal Agency Participation 18
17. State and Local Participation in Response . . 19
18. Non-governmental Participation 19
III. PLANNING AND PREPAREDNESS
1. Planning and Coordination Structure 20
a. National 20
b. Regional 20
c. Area 20
d. State 20
e. Local 20
2. Federal Contingency Plans 22
a. The National Contingency Plan 22
b. Regional Contingency Plans 22
c. Area Contingency Plans 22
3. Title III Local Emergency Response Plans ... 23
ii
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IV. OPERATIONAL RESPONSE PHASES FOR OIL REMOVAL
1. Response 23
2. Fish and Wildlife Response Plan 24
3. Funding 24
a. Liability Limitations 25
b. State Access to the Fund 26
c. Eligibility for State Access 26
d. Required Recordkeeping 26
e. State Access to Other Funds 27
V. HAZARDOUS SUBSTANCE RESPONSE
1. General 27
2. Response 27
VI. STATE AND LOCAL INVOLVEMENT IN RESPONSE
1. General 28
2. State Participation 28
3. Local Participation 29
4. EPA/State/Local MOA (MOU) 30
5. Requirements for State Involvement in
Enforcement Responses and Site Remedy .... 30
6. State Involvement in EPA/USCG-lead
Enforcement Negotiations 30
7. State Involvement in Removal Actions 30
VII. TRUSTEES FOR NATURAL RESOURCES
1. Designation of Trustees 31
2. Functions of Trustees 31
VIII. PARTICIPATION BY OTHER PERSONS 32
IX. ADMINISTRATIVE RECORD FOR SELECTION OF RESPONSE ACTION 32
X. CHEMICAL COUNTERMEASURES 33
XI. FEDERAL FACILITIES 33
APPENDIX A: Federal Region I Boundaries
APPENDIX B: National Contingency Plan
RECORD OF AMENDMENTS
iii
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I. INTRODUCTION
1. Purpose and Objective.
The purpose of this Area Contingency Plan (ACP) is to
provide an action plan to respond to a release of oil or a
hazardous substance, and to promote timely and effective
coordination among the entire spill community, including
Federal, State, tribal, local, and private entities during
such a response.
2. Authority and Applicability.
This ACP is required by Title IV, section 4202 of the Oil
Pollution Act of 1990 (OPA), which amends Subsection (j) of
Section 311 of the Federal Water Pollution Control Act
(FWPCA) (33 U.S.C. 1321 (j)) as amended by the Clean Water
Act (CWA) Of 1977 (33 U.S.C. 1251 et seq).
This ACP is written in conjunction with the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP) (40
CFR 300) and Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA, 42 U.S.C.
9601), as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA).
3. Scope.
The ACP applies to and is in effect for:
(1) discharges or a substantial threat of a discharge
of oil or hazardous substance into or on the navigable
waters, 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 the exclusive management
authority of the United States (OPA section 4201); and
(2) discharges or a substantial threat of a discharge
of oil or hazardous substance from a vessel, offshore
facility, or onshore facility which presents a
substantial threat to the public health or welfare in
the Areas defined in each chapter of Volume II, Section
1 ("Geographic Description") of this ACP.
This ACP expands upon the requirements set forth in the NCP,
augments coordination with State and local authorities, and
integrates existing State, local, and private sector plans
for the Area.
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 1 of 33
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4« Abbreviations and Acronyms.
Department and Agency Title Abbreviations (federal):
ATSDR — Agency for Toxic Substances and Disease Registry
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
RSPA — Research and Special Programs Administration
USCG — United States Coast Guard
USDA — United States Department of Agriculture
U.S. EPA — United States Environmental Protection Agency
USFWS — United States Fish and Wildlife Service
Department and Agency Title Abbreviations (state):
CT DEP — Connecticut Department of Environmental Protection
MA DEP — Massachusetts Department of Environmental
Protection
ME DEP — Maine Department of Environmental Protection
NH DES — New Hampshire Department of Environmental Services
RI DEM — Rhode Island Department of Environmental
Management
VT DEC — Vermont Department of Environmental Conservation
(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 and this ACP will spell
out Nuclear Regulatory Commission and use the abbreviation
"NRC" only with respect to the National Response Center.)
Operational Abbreviations:
ARARs - Applicable or Relevant and Appropriate Requirements
CERCLIS — CERCLA Information System
CRC — Community Relations Coordinator
CRP — Community Relations Plan
ERT — Environmental Response Team
FCO — Federal Coordinating Officer
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FS — Feasibility Study
HRS — Hazard Ranking System
LEPC — Local Emergency Planning Committee
NCP — National Oil and Hazardous Substances Pollution
Contingency Plan
NPL — National Priorities List
NRC — National Response Center
NRT — National Response Team
NSF — National Strike Force
O&M — Operation and Maintenance
OSC — On-Scene Coordinator
PA — Preliminary Assessment
PIAT — Public Information Assist Team
RA — Remedial Action
RAT — Radiological Assistance Team
RCP — Regional Contingency Plan
RD — Remedial Design
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
SSC — Scientific Support Coordinator
Other applicable abbreviations include the following:
AC — Area Committee
ACP — Area Contingency Plan
CAMEO — Computer-Aided Management of Emergency Operations
(a software program)
CERCLA — Comprehensive Environmental Response,
Compensation, and Liability Act of 1980
COTP — Captain of the Port (USCG)
CWA — Clean Water Act (33 USC 1321)
DRAT — District Response Advisory Team (USCG)
FOSC — Federal On-Scene Coordinator
FWPCA — Federal Water Pollution Control Act
HAZMAT — Hazardous Materials
ICS — Incident Command System
LOSC — Local On-Scene Coordinator
MSO — Marine Safety Office (USCG)
NPFC — National Pollution Funds Center
OHMTADS — Oil and Hazardous Materials Technical Assistance
Data System
OPA — Oil Pollution Act of 1990
OSLTF — Oil Spill Liability Trust Fund
POLREP — Pollution Report
PRP — Potentially Responsible Party
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RESET — Regional Spill Emergency Team (U.S. EPA Region I
term)
SARA — Superfund Amendments and Reauthorization Act of 1986
SOSC — State On-Scene Coordinator
Title III — The Emergency Planning and Community Right-to-
Know Act of 1986 (Title III of SARA)
Area-specific acronyms and abbreviations are listed in
Volume II, Appendix A.
5. Definitions.
Definitions contained herein, unless otherwise specified,
are the same as those contained in the NCP, Section 300.5
("Definitions") and OPA section 1001 ("Definitions").
Additional definitions are listed below:
Area Committee: As defined by sections 311(a)(18) and
(j) (4) of CWA, as amended by OPA, means the entity appointed
by the President consisting of members from Federal, State,
and local agencies with responsibilities that include
preparing an Area Contingency Plan for the area designated
by the President. The Area Committee may include ex-officio
(i.e., non-voting) members (e.g., industry and local
interest groups).
Area Contingency Plan: As defined by sections 3ll(a)(19)
and (j) (4) of CWA, as amended by OPA, means the plan
prepared by an Area Committee, that in conjunction with the
NCP, shall address the removal of a discharge including a
worst-case discharge and the mitigation or prevention of 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.
Boundary: (1) A continuous demarcation line separating the
Inland Zone from the Coastal Zone (the boundaries within
Federal Region I are indicated in Appendix A); (2) The
demarcation line that separates United States response from
Canadian response within the Gulf of Maine (Appendix I of
the RCP defines this line as stated in the Joint Canada-
United States Marine Pollution Contingency Plan and as
determined by the World Court, in October 1984).
Coastal waters: The waters of the coastal zone (except for
the Great Lakes, Lake Champlain, and specified ports and
harbors on inland rivers). Precise boundaries are
identified in USCG/EPA agreements, Federal Regional
Contingency Plans and Area Contingency Plans.
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Coastal Zone: 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. The United States Coast Guard provides the On-Scene
Coordinator and the Chairmanship of the Regional Response
Team, during environmental emergencies in this zone.
Connecticut Department of Environmental Protection (CT DEP):
The lead state agency for response to the release of oil or
hazardous substances in Connecticut.
Contingency plan: (1) A document used by Federal, State,
and local agencies to guide their planning and response
procedures regarding spills of oil, hazardous substances, or
other emergencies; (2) a document used by industry as a
response plan to spills of oil, hazardous substances, or
other emergencies occurring upon their transportation
vehicle, or at their facilities.
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) 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;
and any other surface water, ground water, drinking water
supply, land surface and subsurface strata, or ambient air
within the United States or under the jurisdiction of the
United States.
Environmentally sensitive area: An especially delicate or
sensitive natural resource that requires protection in the
event of a pollution incident. Designations of areas
considered to be sensitive can be found in Appendix D of the
proposed Facility Response Plan rule. In addition to this
definition, Area Committees may include any areas determined
to be "sensitive" for OPA planning purposes.
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.
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Hazardous substance: Any nonradioactive solid, liquid, or
gaseous substance which when uncontrolled, may be harmful to
human health or the environment. The precise legal
definition can be found in section 101(14) of CERCLA.
Inland waters: Those waters of the United States in the
inland zone, waters of the Great Lakes, Lake Champlain, and
specified ports and harbors on inland rivers.
Inland zone: The environment inland of the coastal zone
excluding the Great Lakes, Lake Champlain, and specified
ports and harbors on inland rivers. The term inland zone
delineates an area of Federal responsibilities for response
actions. Precise boundaries are determined by EPA/USCG
agreements and identified in federal regional contingency
plans. The United States Environmental Protection Agency
provides the On-Scene Coordinator and the Chairmanship of
the Regional Response Team, during environmental emergencies
in this zone.
Local Emergency Planning Committee (LEPC): A group of local
representatives appointed by the State Emergency Response
Commission (SERC) to prepare a comprehensive emergency plan
for the local emergency planning district, as required by
the Superfund Amendments and Reauthorization Act's Title
III.
Maine Department of Environmental Protection (ME DEP): The
lead state agency for response to the release of oil or
hazardous substances in Maine.
Massachusetts Department of Environmental Protection (MA
DEP): The lead state agency for response to the release of
oil or hazardous substances in Massachusetts.
National Pollution Funds Center (NPFC): As defined by
section 7 of Executive Order 12777, the NPFC is the entity
established by the Secretary of the department in which the
USCG is operating whose function is the administration of
the Oil Spill Liability Trust Fund (OSLTF). This includes
access to the OSLTF by federal agencies, States, and
designated trustees for removal actions and initiation of
natural resource damage assessments, as well as claims for
removal costs and damages.
New Hampshire Department of Environmental Services (NH DE8):
The lead state agency for response to the release of oil or
hazardous substances in New Hampshire.
Oil: As defined by section 311(a)(1) of the CWA, as amended
by OPA, means oil of any kind or in any form, including, but
not limited to, petroleum, fuel oil, sludge, oil refuse, oil
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mixed with ballast or bilge water, vegetable oil, animal
oil, coal oil, 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): The fund
established under section 9509 of the Internal Revenue Code
Of 1986 (26 U.S.C. 9509).
On-Scene Coordinator (O8C): The government official at an
incident scene responsible for coordinating response
activities.
Pollution Report (POLREP): A message describing significant
developments, during the course of an incident.
Regional Response Team (RRT): The Federal response
organization (consisting of representatives from selected
Federal and State agencies) which acts as a regional body
responsible for planning and preparedness before an oil
spill occurs and for providing advice to the OSC in the
event of a major or substantial spill.
Regional Spill Emergency Team (RESET): A USEPA Region I
unit composed of specialists in various environmental fields
assembled to support the OSC during an emergency.
Rhode Island Department of Environmental Management (RI
DEM): The lead state agency for response to the release of
oil or hazardous substances in Rhode Island.
State Emergency Response Commission (SERC): A group of
officials appointed by the State governor to implement the
provisions of Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA). The SERC coordinates
and supervises the work of the Local Emergency Planning
Committees and reviews local emergency plans annually.
Vermont Department of Environmental Conservation (VT DEC):
The lead state agency for response to the release of oil or
hazardous substances in Vermont.
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II. RESPONSIBILITY AND ORGANIZATION FOR RESPONSE
1. Duties of President Delegated to Federal Agencies.
In Executive Order 12777, the President delegated certain
functions and responsibilities vested in him by the OPA
(Section 4202 (a)) to the Administrator of EPA for the
inland zone and the Commandant of the USCG through the
Secretary of Transportation for the coastal zone. These
functions and responsibilities include designating Areas,
appointing Area Committee members, determining the
information to be included in ACPs, and reviewing and
approving ACPs. For the coastal zones and inland zones,
respectively, the USCG and EPA shall assign a Federal OSC to
each Area to carry out these functions and responsibilities.
2. General Organization Concepts.
The Area Committees, in conjunction with the National
Response Team (NRT) and the Regional Response Teams (RRTs),
serve a spill planning and preparedness role within the
National Response System. Each Area Committee shall be
comprised of Federal, State and local agency personnel.
Under the direction of the Federal OSC, each Area Committee
for its assigned Area shall:
(a) Prepare and submit for approval an ACP;
(b) Work with State and local officials to integrate
contingency planning and response efforts; and
(c) Work with State and local officials to expedite
decisions for the use of dispersants and other
mitigating substances and devices.
3. National Response Team.
National planning and coordination is accomplished through
the NRT. The NRT consists of representatives from the USCG,
EPA, FEMA, DOD, DOE, USDA, DOC, HHS, DOI, DOJ, DOL, DOT,
DOS, GSA, and Nuclear Regulatory Commission. For details,
see the NCP at 40 CFR 300.175(b).
4. Regional Response Team.
Regional planning and coordination of preparedness and
response actions is accomplished through the RRT. The RRT
agency membership parallels that of the NRT but also
includes State and local representation. The RRT provides
the appropriate regional mechanism for development and
coordination of preparedness activities before a response
action is taken and for coordination of assistance and
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advice to the OSC during such response actions. The
structure of the Region I RRT and additional functions can
be found in section 300.22 of the Region I RCP.
5. Area Committee.
Area planning and coordination of preparedness and response
actions is accomplished through the Area Committee. The
Area Committee membership includes Federal, State, and local
representation. Members of the Area Committee are appointed
by the Regional Administrator.
6. On-Scene Coordinators; General Responsibilities
The NCP at 40 CFR part 300.120 describes the general
responsibilities of OSCs. The OSC directs response efforts
and coordinates all other efforts at the scene of a
discharge or release. OSCs are predesignated by the
regional or district head of the lead agency. EPA and the
USCG predesignate OSCs for all areas in each region except
for any facility or vessel under the jurisdiction, custody,
or control of DOD, DOE, or other federal agencies. The USCG
designates federal OSCs for the coastal zones, while EPA
designates Federal OSCs for the inland zones.
Under OPA, the Federal OSC has responsibilities related to
the establishment of Area Committees and the development of
ACPs. The Federal OSC chairs the Area Committee and
provides general direction and guidance for the committee as
it prepares the ACP.
7. Notification and Communications.
The National Response Center (NRC) is the national
communications center for handling activities related to
response actions. The NRC acts as the single point of
contact for all pollution incident reporting. 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 appropriate
predesignated Federal OSC.
For each Area, a detailed Notification List for Federal,
State, and local contacts is contained in section 2 of
Volume II of the ACP.
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8. Determinations to Initiate Response and Special
Conditions.
OPA section 4201 states that the President shall, in
accordance with the NCP and any appropriate ACP, ensure
effective and immediate removal of a discharge, and
mitigation or prevention of a substantial threat of a
discharge of oil or hazardous substance into or on the
navigable waters, 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 the exclusive
management authority of the United States (OPA section
4201). In carrying out this mandate, the President may
direct or monitor all Federal, State, and private actions to
remove a discharge. The NCP at 40 CFR 300.130 states that
EPA or the USCG is authorized to act for the United States
to take response measures deemed necessary to protect public
health or welfare or the 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. The assigned Federal OSC
may initiate a response. Upon approval by the Federal OSC,
State or local governments may initiate a federally funded
response. Initiation of a response by private parties is
addressed in Section VIII below.
9. Response Operations.
The USEPA and the USCG designate On-Scene Coordinators for
all areas of the region, except that the Department of
Defense designates OSCs for discharges and releases from DOD
facilities and vessels. The DOD is the immediate removal
response authority with respect to incidents involving
military weapons and munitions. Immediate removal actions
involving nuclear weapons are conducted in accordance with
the joint DOD, DOE, and FEMA Agreement for Response to
Nuclear Incidents and Nuclear Weapons Significant Incidents,
of 8 January 1981. The USCG will provide OSCs for oil
discharges and for immediate removal of hazardous
substances, pollutants, or contaminants into, or
threatening, the Coastal Zone. However, EPA will provide
OSCs for releases from hazardous waste management facilities
or in similarly chronic incidents, regardless of location.
The USEPA provides OSCs for oil discharges and hazardous
substance releases into or threatening the Inland Zone of
New England and will provide the Remedial Project Managers
for all remedial responses, not involving marine
transportation. The jurisdictional boundaries separating
the USCG and USEPA, within Region I are found in Appendix A.
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To the extent practicable, response operations shall be
consistent with Federal, State, and local plans, including
ACPs and facility response plans.
The OSC, consistent with §§ 300.120 and 300.125 of the NCP,
shall direct response efforts and coordinate all other
efforts at the scene of a discharge or release in accordance
with Section 4 of this ACP. As part of the planning and
preparation for response, the OSCs are predesignated by the
Regional or district head of the lead agency.
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 ACP 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.
The OSC 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; the pathways to
human and environmental exposure; the potential impact on
human health, welfare, and safety and the environment; 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.
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 Subparts D and E of the
NCP that involve expenditures of CWA section 311(k) or
CERCLA funds unless an appropriate contract or cooperative
agreement has been established.
The OSC should consult regularly with the RRT in carrying
out the NCP and ACP and keep the RRT informed of activities
under the NCP and ACP.
The OSC shall immediately notify FEMA of situations
potentially requiring evacuation, temporary housing, or
permanent relocation. In addition, the OSC shall evaluate
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incoming information and immediately advise FEMA of
potential major disaster situations.
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
HHS representative for assistance in determining public
health threats and call upon the Occupational Safety and
Health Administration (OSHA) and HHS for advice on worker
health and safety problems.
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.
The OSC shall promptly notify the trustees for natural
resources of discharges or releases that are injuring or may
injure natural resources under their jurisdiction. The OSC
shall seek to coordinate all response activities with the
natural resource trustees.
Where the OSC becomes aware that a discharge or release may
adversely affect any endangered or threatened species, or
result in destruction or adverse modification of the habitat
of such species, the OSC should consult with the DOI or DOC
(NOAA).
The OSC is responsible for addressing worker health and
safety concerns at a response scene, in accordance with §
300.150 of the NCP.
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.
OSCs 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 § 300.155 of the NCP.
Designated state agencies provide spill response personnel
for the investigation of spills. State personnel supervise
removal operations under the authority of State Law. The
objectives of the state spill response programs are similar
to the federal objectives. The programs of the various New
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England States are further delineated in the local
contingency plans.
10. Multi-Area Responses.
There shall only be one OSC at any time during the course of
response operations. If a pollution incident transects or
moves across federal, regional, area, or local boundaries,
the response mechanism of each Area may be activated and
authority will rest with the predesignated OSC of the area
most impacted or vulnerable to the greatest threat by the
incident. If there is disagreement as to the area most
impacted, then the RRT(s) will decide who the OSC should be.
The NRT shall designate the OSC if members of one RRT or two
adjacent RRTs are unable to agree on the designation.
11. Special Teams and Other Assistance Available to Federal
OSCs.
Strike Teams, collectively known as the National Strike
Force (NSF), are established by the USCG and located on the
Atlantic, Pacific, and Gulf coasts. The Strike Teams
provide specialized assistance to the OSC. The NSF may be
accessed through the National Response Center at (800) 424-
8802.
Strike Teams can provide communications support, advice, and
assistance for oil and hazardous substances removal. These
teams also have knowledge of shipboard damage control, are
equipped with specialized containment and removal equipment,
and have rapid transportation available. When possible, the
Strike Teams will provide training for emergency task forces
to support OSCs and assist in the development of RCPs and
ACPs.
The OSC may request assistance from the Strike Teams.
Requests for a team may be made directly to the Commanding
Officer of the appropriate team, the USCG member of the RRT,
the appropriate USCG Area Commander, or the Commandant of
the USCG through the NRC.
Each USCG OSC manages emergency task forces trained to
evaluate, monitor, and supervise pollution responses.
Additionally, they have limited "initial aid" response
capability to deploy equipment prior to the arrival of a
cleanup contractor or other response personnel.
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.
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The ERT can provide access to special decontamination
equipment for chemical releases 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.
OSC or RRT requests for ERT support should be made directly
to the Edison, New Jersey office. The 24-hour phone number
for ERT is (908) 321-6660.
Scientific support coordinators (SSCs) are available, at the
request of OSCs, to assist with actual or potential
responses to discharges of oil or releases of hazardous
substances, pollutants, or contaminants. The SSC will also
provide scientific support for the development of RCPs and
ACPs. Generally, SSCs are provided by NOAA in coastal and
marine areas, and by EPA (ERT) in the inland zone. In the
case of NOAA, SSCs may be supported in the field by a team
providing, as necessary, expertise in chemistry, trajectory
modeling, natural resources at risk, and data management.
NOAA SSCs may be contacted through the following phone
number: (206) 526-6317.
During a response, the SSC serves under the direction of the
OSC and is responsible for providing scientific support for
operational decisions and for coordinating on-scene
scientific activity. Depending on the nature of the
incident, the SSC can be expected to provide certain
specialized scientific skills and to work with governmental
agencies, universities, community representatives, and
industry to compile information that would assist the OSC in
assessing the hazards and potential effects of discharges
and releases and in developing response strategies.
If requested by the OSC, the SSC will serve as the principal
liaison for scientific information and will facilitate
communications to and from the scientific community on
response issues. The SSC, in this role, will strive for a
consensus on scientific issues surrounding the response but
will also ensure that any differing opinions within the
community are communicated to the OSC.
The SSC will assist the OSC in responding to requests for
assistance from state and federal agencies regarding
scientific studies and environmental assessments. Details
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on access to scientific support shall be included in the
RCPs and ACPS.
The Ocean Assessments Division of NOAA, through its
Hazardous Materials Response Branch, has developed a
Hazardous Materials Response Team (HAZMAT). HAZMAT provides
information and field support to the Coastal Zone Scientific
Support Coordinators. This Team supplies: trajectory
modeling; assessment of the nature, behavior, and fate of
pollutants; and the identification of areas of special
biological importance requiring protection. The Team is
equipped and trained in personnel protection and safety, can
conduct air and marine sampling and analysis, and is
available to the Coast Guard Strike Teams for advice on
protective measures, safety, chemistry, and sampling
requirements, selection of appropriate sampling instruments,
and interpretation of sampling data. The HAZMAT team can be
contacted through the coastal SSC, or directly, using (206)
343-3432, which is a 24 hr., FTS and Commercial paging
service.
For marine salvage operations, OSCs 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.
Radiological Assistance Teams (RATs) 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. Radiological Assistance Teams 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 to the
Radiological Response Coordinator in the EPA Office of
Radiation Programs. Assistance is also available from the
Department of Energy and other Federal agencies.
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The USCG Public Information Assist Team (PIAT) is available
to assist OSCs and regional or district offices to meet the
demands for public information and participation. Its use
is encouraged any time the OSC requires outside public
affairs support. Requests for the PIAT may be made through
the NRC.
The National Pollution Funds Center (NPFC) is responsible
for implementing those portions of the OPA that have been
delegated to the USCG. The NPFC is responsible for
addressing funding issues arising from discharges and
threats of discharges of oil. The phone number for the NPFC
is (703) 235-4756.
12. Worker Health and Safety.
Response actions under the ACP will comply with the
provisions for response action worker safety and health in
29 CFR 1910.120.
In a response action taken by a responsible party, the
responsible party must assure that an occupational safety
and health (OSH) program consistent with 29 CFR 1910.120 is
made available for the protection of workers at the response
site.
In a response taken under the ACP by a lead agency, an OSH
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 ACP should contain assurances
that the contractor at the response site will comply with
this program and with any applicable provisions of the OSH
Act (OSHA) and State OSH laws.
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.
Requirements, standards, and regulations of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) (OSH
Act) and of State laws with plans approved under section 18
of the OSH Act (State OSH laws), not directly referenced in
the previous paragraphs 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)(l) of the
OSH Act (29 U.S.C. 654(a)(l)). No action by the lead agency
with respect to response activities under the ACP
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constitutes an exercise of statutory authority within the
meaning of section 4(b)(l) of the OSH Act. All governmental
agencies and private employers are directly responsible for
the health and safety of their own employees.
Health and safety limitations shall apply during Incident
Command System emergencies.
13. Public Information and Community Relations.
During an incident, it is imperative to give the public
prompt and 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. At the discretion of the OSC, an
information coordination center should be established or a
person designated to assist in this effort. Details on the
location of information coordination centers and
predetermined emergency broadcasts may be found in Volume II
of individual ACPs or may be part of existing LEPC plans.
14. Documentation and Cost Recovery.
Section 300.335 of the NCP outlines the types of funds which
may be available to remove certain oil and hazardous
substances discharges. For releases of oil or 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 ACP and to form the basis
for cost recovery. In general, documentation will
provide an identification of the discharge's source and
the specific circumstances of the incident; responsible
party or parties; the impact or potential impact to the
public health, welfare, or the environment, and an
accounting of the costs of physical removal. When
appropriate, documentation will also be collected for
scientific study of the environment and for research
and development of improved response equipment and
methods. Evidentiary and cost documentation is more
completely dealt with in the USCG Marine Safety Manual
(Commandant Instruction M16000.3) and 33 CFR 153.
The OSC will ensure the necessary collection and
safeguarding of information, samples, and reports.
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Samples and information will be gathered expeditiously
during the response to assure an accurate record of the
events and impacts incurred. Case documentation is
developed in coordination with the trustees of natural
resources to ensure completeness of the record.
(2) The information and reports obtained by the lead
agency for Fund-financed response actions shall, as
appropriate, be transmitted to the NPFC. Copies can
then be forwarded to the NRT, members of the RRT, and
others as appropriate.
15. OSC Reports.
(a) Within one year after completion of removal activities
at a major discharge of oil, a major release of a hazardous
substance, pollutant, or contaminant, or when requested by
the RRT, the OSC shall submit to the RRT a complete report
on the removal operation and the actions taken. The OSC/RPM
shall at the same time send a copy of the report to the
Secretary of the NRT. 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.
(c) The format for the OSC report is detailed in Section
300.165 of the NCP.
16. Federal Agency Participation.
Federal agencies listed in the NCP at 40 CFR 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. Federal agencies may be called upon by an OSC
during response planning and implementation to provide
assistance in their respective areas of expertise. Refer to
the NCP at 40 CFR sections 300.170 and 300.175 for a
description of agency capabilities and authorities.
Under OPA section 4201(b), the United States Fish and
Wildlife Service (USFWS) and the National Oceanic and
Atmospheric Administration (NOAA) also have duties with
respect to federal response actions following, or in
prevention of, discharges of oil or releases of hazardous
substances. These two agencies, and other interested
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parties (including state fish and wildlife conservation
officials), should be consulted in the preparation of a fish
and wildlife response plan.
Under OPA Section 4202(a) additional responsibilities for
federal agencies are detailed, including the establishment
of a National Response Unit. The National Response Unit
functions include: compiling and maintaining a comprehensive
computer list of spill removal resources, personnel, and
equipment that is available worldwide and within individual
Areas, which is available to federal and state agencies and
the public; providing technical assistance, equipment, and
other resources requested by an FOSC; coordinating the use
of private and public personnel and equipment 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
an Area; providing technical assistance in the preparation
of ACPs; administering the Coast Guard strike teams
established under the NCP; maintaining on file all approved
ACPs; and reviewing each ACP that affects its
responsibilities.
17. State and Local Participation in Response.
The NCP at 40 CFR 300.180 describes generally State and
local participation in response. Appropriate local and
State officials will be identified and participate as part
of the response structure as provided in Volume II of the
ACP under "Organization".
18. Non-governmental Participation.
This plan anticipates and encourages representation from
industry, landowners, volunteer groups, and other
stakeholders. Non-governmental participants will have an
ex-officio role.
III. PLANNING AND PREPAREDNESS
Flowcharts and diagrams of the descriptions of planning and
coordination structure, Federal contingency plans, and Title
III local emergency response plans are located in the NCP.
Figure 1 describes the National Response System Concepts.
Sections (§) referred to are those of the National
Contingency Plan. The Area Committee serves as a planning
and preparedness body to support the Federal OSC and is
encouraged to include membership from Federal, State, and
local governments and private entities (as ex-officio
members). Area Committees are not response support bodies,
and are not required to participate in response efforts, but
should be comprised of response personnel.
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1. Planning and Coordination Structure.
a. National. As described in § 300.110 of the NCP, the
NRT is responsible for national planning and coordination.
b. Regional. As described in § 300.115 of the NCP, the
RRTs are responsible for regional planning and coordination.
c. Area. Section 4202(a) of the OPA amends section
311(j) of the CWA to require that the Area Committee, under
the direction of the Federal OSC for its Area, shall be
responsible for: (1) preparing an Area Contingency Plan for
its Area; (2) working with 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 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 SARA,
the State Emergency Response Commission (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. 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 SARA,
emergency planning districts are designated by the SERC in
order to facilitate the preparation and implementation
ofemergency 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.
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Figure 1
National Response System Concepts
notification
Discharge or
Release Incident
planning A preparedness
Local Raspondera
§300.180
NRC
§300.125
planning & preparedness
State Respondent
§300.180
response support
Federal OSC/RPM
§300.120
Special Teams and Other Assistance
§300.145
Local Government
§300.180
RRT
§§300.115
and30O205
Participating Federal Agencies
§§300.170 & 300.175
policy guidance
NRT
§§300,110
and 300205
•The same federal agencies participate on both the National Response Team (NRT)
and the Regional Response Team (RRT). Federal agencies on the RRT are
represented by regional staff. Abbreviations used in this figure are explained
in §300.4.
(28003-1
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Date: 12/17/93 Volume I: Page 21 of 33
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2. Federal contingency plans.
There are three levels of federal contingency plans under
the National Response System: the NCP, 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
§§ 300.1 through 300.3.
b. Regional Contingency Plans. The RRTs, working with
the states, must 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 or releases of hazardous substances,
pollutants, or contaminants. RCPs must, 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 must
follow the format of the NCP and coordinate with state
emergency response plans, ACPs, which are described in §
300.210(c) of the NCP, and Title III local emergency
response plans, which are described in § 300.215 of the NCP.
Such coordination should be accomplished by working with the
SERCs in the region covered by the RCP. RCPs must contain
lines of demarcation between the inland and coastal zones,
as mutually agreed upon by USCG and EPA.
c. Area Contingency Plans. In order to provide for a
coordinated, effective Federal, State, and local response,
each OSC must direct the Area Committee to develop an ACP
for response in the Area. ACPs must be developed for all
Areas, because OSCs in the designated Areas have
responsibility for discharges and releases, which often
exceed the jurisdiction and capabilities of other
responders. Boundaries for Areas are determined by EPA
Regional Administrators for the inland zone; Areas are the
COTP areas for the coastal zone. Jurisdictional boundaries
of local emergency planning districts established by States,
described in § 300.205(c) of the NCP, must, as appropriate,
be considered in determining geographical boundaries of the
designated Areas. The designated Areas may include several
such local emergency planning districts, or parts of such
districts. In developing the ACP, OSCs must direct the Area
Committees to coordinate with SERCs and LEPCs in the
affected Area.
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The ACP must provide for a well-coordinated response that is
integrated and compatible with all appropriate response
plans of State, local, and other non-Federal entities, and
especially with Title III local emergency response plans, or
in the Area Committee's area of responsibility. The ACP
must, as appropriate, identify the probable locations of
discharges or releases; the available resources to respond
to multi-media incidents; where such resources can be
obtained; waste disposal methods and facilities consistent
with local and State plans developed under the Solid Waste
Disposal Act, 42 U.S.C. 6901 et seq.; and a local structure
for responding to discharges or releases.
The Federal lead agency, EPA or USCG, shall periodically
conduct drills of removal capability, without prior notice,
in areas for which ACPs are required and under relevant tank
vessel and facility response plans. The drills may include
participation by Federal, State, and local agencies, the
owners and operators of vessels and facilities in the area,
and private industry.
ACPs should integrate approved vessel, offshore facility,
onshore facility, pipeline, and bulk transportation response
plans. A detailed description of the relationship between
ACPs and these response plans is provided in Volume II of
the ACP under the section on "Organization".
3. Title III local emergency response plans.
The regulations that implement SARA Title III are codified
at 40 CFR Part 355.
Each LEPC must prepare an emergency response plan in
accordance with section 303 of SARA Title III and review the
plan once a year, or more frequently as changed
circumstances in the community or as any subject facility
may require. Such Title III local emergency response plans
should be closely coordinated with applicable Area
contingency plans and State emergency response plans. To
assure coordination with the SARA Title III program, it is
recommended that the Area Committee include appropriate LEPC
or other Title III representation.
IV. OPERATIONAL RESPONSE PHASES FOR OIL REMOVAL
1. Response.
The phases of operational response for oil, including: (1)
discovery and notification, (2) preliminary assessment and
initiation of action, (3) containment, countermeasures,
cleanup, and disposal, and (4) documentation and cost
recovery, are outlined in the NCP (see 40 CFR sections
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300.300 - 300.320). The relationship of the Federal
agencies (RRT) is described in the RCP. A detailed
description of the relationships between Federal, State, and
local responding organizations is detailed in Volume II of
the ACP.
The OPA provides additional authority for carrying out a
response. Under section 4201 of the OPA, the President may:
(1) remove or arrange for the removal of a discharge,
and mitigate or prevent a substantial threat of a
discharge, at any time;
(2) direct or monitor all Federal, State, and private
actions to remove a discharge; and
(3) remove and, if necessary, destroy a vessel
discharging, or threatening to discharge, by whatever
means are available.
Furthermore, if a 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 shall direct
all Federal, State, and private actions to remove the
discharge or to mitigate or prevent the threat of the
discharge.
2. Fish and Wildlife Response Plan.
OPA section 4201(b) amends subsection (d) of section 311 of
the FWPCA (33 U.S.C. 1321(d)) to include a fish and wildlife
response plan, developed in consultation with the USFWS,
NOAA, and other interested parties (including State fish and
wildlife conservation officials), for the immediate and
effective protection, rescue, and rehabilitation of, and the
minimization of risk of damage to, fish and wildlife
resources and their habitat that are harmed or that may be
jeopardized by a discharge.
See Volume II of the ACP for the Fish and Wildlife and
Sensitive Environments Annex.
3. Funding.
The Fund can be used following an incident for removal
actions, natural resource issues, and damages. Local,
state, tribal, or federal agencies may obtain funding for
removal costs through the Federal OSC or by submitting a
claim.
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There are six basic categories of recoverable damages: (1)
natural resource damages; (2) damages to real and personal
property, including the loss of such property; (3) loss of
subsistence use of natural resources; (4) loss of tax and
other revenues; (5) loss of profit or earning capacity; and
(6) increased cost of public services. Three of these
categories- natural resource damage, loss of tax and
revenue, and increased cost of public services- are
receivable only by governments. The other categories are
receivable by private parties as well as by governments.
The NPFC is responsible for implementing the Fund and may be
accessed through the NRC.
a. Liability Limitations;
OPA sets limits of liability which apply to all removal
costs and damages sought under the Act. The limits may be
adjusted for inflation every 3 years based upon the consumer
price index. The limits set by OPA are:
• Tank vessels: $1,200 per gross ton; $2 million if
3,000 gross tons or less; $10 million if greater
than 3,000 gross tons
• Any other vessel: $600 per gross ton or $500,000,
whichever is greater
• Offshore facility except Deep Water Ports:
$75,000,000 plus all removal costs
• Onshore facility and Deep Water Port:
$350,000,000
There are certain exceptions to these limits of liability.
The limits do not apply:
• If the incident was caused by gross negligence or
willful misconduct;
• If the incident was a result of a violation of
applicable Federal safety, construction, or
operating regulations; or
• If the responsible party fails to report the
incident, provide all reasonable cooperation and
assistance required by a response official or
comply with an order issued by the Federal OSC.
In addition, OPA does not preempt State laws regarding
liability, so in areas where State law places a higher
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limit, compensation for damages up to the liability limit
established by the State law may be pursued.
b. State Access to the Fund:
Coast Guard Commandant Instruction 16465.1 defines
documentation for enforcement and cost recovery under
section 1012(d)(1) of the OPA (See Technical Operating
Procedures for State Access Under Section 1012(d)(1) of the
OPA (Enclosure (1) to NPFCINST 16451.1). Details of
requirements for documentation and cost recovery can be
found in Volume II of the ACP.
OPA allows state governors to request payments of up to
$250,000 from the OSLTF for removal costs required for the
immediate removal of a discharge, or the mitigation or
prevention of a substantial threat of a discharge, of oil,
provided the costs are consistent with the NCP. Requests
are made directly to the Federal OSC who will determine
eligibility. A state that anticipates the need to access
the Fund must advise the NPFC in writing of the specific
individual who is designated to make requests. The
designation must include the person's name, address,
telephone number, and title or capacity in which employed.
c. Eligibility for State Access;
The OSC will determine whether it is appropriate for the
State to assume the role of lead agency for a federally
funded removal action, based on the criteria specified by
the NPFC. If the State is capable, the OSC will contact the
USCG case officer to authorize access to the Fund. If the
OSC denies State access to the Fund, he/she will detail the
reason for denying access (i.e., which of the criteria were
not met by the State).
d. Required Recordkeeping:
The state shall maintain records of expenditures of fund
monies including, but not limited to:
• Daily expenditures for each individual worker,
giving the individual's name, title or position,
activity performed, time on task, salary or hourly
rate, travel costs, per diem, out-of-pocket or
extraordinary expenses, and whether the individual
is normally available for oil spill removal.
• Equipment purchased or rented each day, with the
daily or hourly rate.
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• Miscellaneous materials and expendables purchased
each day.
• Daily contractor or consultant fees, including
costs for their personnel and contractor-owned or
rented equipment, as well as that of any
subcontractor.
The state shall submit a copy of these records and a summary
document, stating the total of all expenditures made, to the
NPFC within 30 days after completion of the removal actions.
A copy of these documents shall also be submitted to the
Federal OSC.
e. State Access to Other Funds;
[RESERVED]
V. HAZARDOUS SUBSTANCE RESPONSE
1. General.
The NCP (Subpart E, 300.400 - 300.435) establishes methods
and criteria for determining the appropriate extent of
response authorized by CERCLA and CWA section 311(c).
In general, the OPA fund is available primarily for the
cleanup actions of an oil spill. The purposes of the fund
are outlined in section 1012 of the OPA.
CERCLA funds are available for the payment of removal costs
for incidents involving hazardous substances, contaminants
or pollutants.
2. Response.
The relationship of the federal agencies (RRT) is described
in the RCP. A detailed description of the relationships
between Federal, State, and local responding organizations
is detailed in Volume II of the ACP.
In most instances, response personnel, equipment and
resources involved in oil response and in hazardous
substances response are the same for a given Area.
Application of fund monies from CERCLA or OPA may require
evaluation after the cleanup based on the documentation
obtained during the response. Additional detail regarding
joint OPA and CERCLA response may be addressed in the RCP
and in Volume II, Section II of the ACP.
For hazardous substance response only, see appropriate SARA
Title III, SERC and LEPC HAZMAT response plans.
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 27 of 33
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VI. STATE AND LOCAL INVOLVEMENT IN RESPONSE
1. General.
Subpart F of the NCP addresses State involvement in
hazardous substance response and is incorporated herein by
reference.
2. State Participation
Each of the six New England States maintains a spill
response organization which operates in accordance with the
laws of each state.
Coordination between the federal response organizations and
the various state agencies is conducted, in the field, by
the On-Scene Coordinators, and by state representation on
the RRT and ACs. The agencies which have been designated by
the states to serve as RRT members are:
A. Connecticut
Department of Environmental Protection
Oil & Chemical Spill Section
State Office Bldg.
Hartford, CT 06106
Emergency #: (203) 566-3338
Alt. 24 Hr #: (203) 566-3333
Office #: (203) 566-4633, 4686
B. Maine
Department of Environmental Protection
State House Stop #17
Ray Building
Augusta Mental Health Institute
Augusta, ME 04330 (207) 289-2651
C. Massachusetts
Department of Environmental Protection
1 Winter Street
Boston, MA 02108
(617) 292-5500
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 28 of 33
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D. New Hampshire
Chairman Emergency Response Commission
NHOEM
107 Pleasant Street
Concord, NH 03301
(603) 271-2231
E. Rhode Island
Department of Environmental Management
209 Cannon Building
75 Davis Street
Providence, RI 02903
(401) 277-2234
F. Vermont
Department of Environmental Conservation
Hazardous Materials Management Division
103 S. Main Street West Building
Waterbury, VT 05671-0404
(802) 241-3888
3. Local Participation
Local governments are actively involved in response to
environmental emergencies, in that local police, fire,
health, and public works officials are normally the first
respondents to an incident.
Local governments are invited to participate in Area
Committee activities, in order to more readily coordinate
the response. At the scene of an incident police and fire
departments have specific responsibilities, detailed in
state law and local ordinances. Generally these
responsibilities involve:
A. Protection of life and property.
1. Suppression of fire.
2. Search and rescue.
3. Security to the area and access control.
4. Paramedical support.
B. Establishment of alternate traffic patterns.
C. Assistance to persons displaced by the incident.
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 29 of 33
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These agencies also serve as points of contact with other
local government offices and multi-community assistance
plans.
4. EPA/State/Local MOA fMOUl.
The federal, state, and local MOAs (MOUs) may establish the
nature and extent of EPA and state and local interaction
during EPA-lead and state- or local-lead responses
(including Indian tribes). EPA shall enter into MOA (MOU)
discussions if requested by a state or local government.
Refer to the NCP (at section 300.505) for a discussion of
State MOAs (MOUs).
5. Requirements for State Involvement in Enforcement
Responses and Site Remedy.
[RESERVED]
6. State Involvement in EPA/USCG-lead Enforcement
Negotiations.
EPA/USCG shall notify the states of response action
negotiations to be conducted by EPA/USCG with potentially
responsible parties during each fiscal year.
The state must notify EPA/USCG of such negotiations in which
it intends to participate.
The state is not foreclosed from signing a consent decree if
it does not participate substantially in the negotiations.
7. State Involvement in Removal Actions.
For Fund reimbursement, the state must fulfill requirements
established by the NPFC including PRP determination and
documentation requirements.
VII. TRUSTEES FOR NATURAL RESOURCES
The OSC shall ensure that trustees for natural resources are
promptly notified of discharges or releases. The OSC 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. Where the OSC becomes aware
that a discharge may affect any endangered or threatened
species, or their habitat, the OSC shall consult with the
appropriate natural resource trustee.
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 30 of 33
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Designation of Trustees;
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.
As defined in section 1001 of the OPA, natural resources
includes 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), any state or
local government or Indian tribe, or any foreign government.
The following individuals shall be the designated trustee(s)
for general categories of natural resources: the Secretary
of Commerce; the Secretary of the Interior; the Secretary
for the land managing agency for natural resources located
on, over, or under land administered by the United States
(DOI, USDA, DOD, and DOE); and the head of authorized
agencies for the management or protection of natural
resources located in the United States but not otherwise
described in this section or in the NCP.
Section 300.600 of the NCP designates the natural resources
for which each Federal trustee is responsible, and is
incorporated herein by reference.
Pursuant to section 1006 of the OPA, the governor of each
state shall designate state and local officials who may act
on behalf of the public as trustee for natural resources and
shall notify the President of the designation.
Under section 1006 of the OPA, the governing body of any
Indian tribe shall designate tribal officials who may act on
behalf of the tribe or its members as trustee for natural
resources and shall notify the President of the designation.
The head of any foreign government may designate the trustee
who shall act on behalf of that government as trustee for
natural resources.
Functions of Trustees:
Under section 1006(c) of the OPA, natural resource trustees
shall:
• Assess natural resource damages for the natural
resources under their trusteeship; and
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 31 of 33
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• Develop and implement a plan for the restoration,
rehabilitation, replacement, or acquisition of the
equivalent, of the natural resources under their
trusteeship.
In addition, the Federal trustees may, upon request of and
reimbursement from a State or Indian tribe and at the
Federal OSC's discretion, assess damages for the natural
resources under the state's or tribe's trusteeship. The
specific areas of trusteeship are detailed in Volume II of
this ACP.
VIII. PARTICIPATION BY OTHER PERSONS
NCP subpart H addresses participation by other persons and
is incorporated herein by reference.
Participation by private parties in both planning and
response is encouraged. PRPs are encouraged to undertake
response actions in an adequate and timely manner, based on
the judgment of the FOSC.
Landowners are also encouraged to participate in planning
and response. The landowner is a valuable resource due to
his/her local knowledge. The landowner, to the extent
practical and based on the Federal OSC's judgment, may be
included in the planning and response activities, under
direction of the Federal OSC. Landowners that provide
access to or are affected by a spill have jurisdiction over
their lands, and warrant special consideration by the
responding agency or unified command. In the event that an
incident poses, or has the potential to pose an imminent
threat to human health and/or the environment, it is in the
best interest of the landowner to provide access to a
Federal OSC.
In addition, OPA authorizes filing of claims against the
OSLTF by other persons. To file a claim, contact the
Director, NPFC, Suite 1000, 4200 Wilson Boulevard,
Arlington, VA 22203-1804, telephone (703) 235-4756.
Detail on Area Committee non-governmental, ex-officio
participants (e.g., industry, volunteer groups, landowners,
etc.) is provided in Volume II of the ACP.
IX. ADMINISTRATIVE RECORD FOR SELECTION OF RESPONSE ACTION
Subpart I of the NCP addresses administrative recordkeeping
for selection of response actions and is incorporated herein
by reference to the extent that it applies to emergency
response.
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 32 of 33
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X. CHEMICAL COUNTERMEASURES
Subpart J of the NCP addresses the use of dispersants and
other chemical countermeasures, and is incorporated herein
by reference. In addition, section 4202(a) of the OPA
requires that each Area Committee work with state and local
officials to expedite decisions for the use of dispersants
and other mitigating substances and devices. The process
for expediting decisions regarding the use of dispersants
and other chemical countermeasures on an Area basis are
identified in Volume II of the ACP, section IV ("Chemical
Countermeasures").
XI. FEDERAL FACILITIES
[RESERVED]
Area Contingency Plan: Region I Date: 12/17/93 Volume I: Page 33 of 33
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APPENDIX A
FEDERAL REGION I BOUNDARIES
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EPA/COAST GUARD BOUNDARIES
MAINE
A continual boundary for the State of Maine delineating inland
and coastal areas has been agreed upon by the U.S. Coast Guard
and EPA Region I. The boundary begins at the International
Bridge in Calais, Maine and ends as RT 101 crosses the Piscataqua
River at the New Hampshire shoreline.
BOUNDARY
Starting at the International Bridge, Calais, Maine follow US RT
1 to its intersection with ME RT 200 in Sullivan, ME; then along
ME RT 200 to its intersection with ME RT 182 in Franklin, ME;
then along ME RT 182 to its intersection with US RT 1 near
Ellsworth, ME; then along US RT 1 to its intersection with ME RT
172 in Ellsworth, ME; then along ME RT 172 to its intersection
with ME RT 176 in Surry, then along ME RT 176 to its intersection
with ME RT 172 in Blue Hill, then along ME RT 172 to its
intersection with ME RT 175 in Sedgwick; then along ME RT 175 to
its intersection with US RT 1 in Orland, ME; then along US RT 1
to its intersection with ME RT 15 in Bucksport, ME; then along ME
RT 15 to its intersection with US RT 1A in Brewer, ME; then along
US RT 1A to its intersection with US RT 1 in Stockton Springs,
ME; then along US RT 1 to its intersection with ME RT 128 in
Woolwich, ME; then along ME RT 128 to the Richmond Bridge, across
the bridge to ME RT 24; then along ME RT 24 to its intersection
with US RT 201 in Topsham, ME; then along US RT 201 it its
intersection with US RT 1 in Brunswick, ME; then along US RT 1 to
its intersection with Bucknam Road in Falmouth, ME; then along
Bucknam Road to its intersection with ME RT 9 in Falmouth, ME;
then along ME RT 9 to its intersection with US RT 1 in South
Portland, ME; then along US RT 1 to its intersection ME RT 9 in
Biddeford, ME; then along ME RT 9 to its intersection with US RT
1 in Elms, ME; then along US RT 1 to its intersection with ME RT
103 in Kittery, ME; then along ME RT 103 to its intersection with
ME 101 in Eliot, ME; then along ME RT 101 across the Piscataqua
River to the NH shoreline.
*Spills occurring on the routes comprising the boundary, will be
the responsibility of the Coast Guard On-Scene Coordinator.
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NEW HAMPSHIRE
A continual boundary for the State of New Hampshire delineating
inland and coastal areas has been agreed upon by the U.S. Coast
Guard and EPA Region I. The boundary begins at the point where
RT 101 crosses the Piscatagua River and ends where RT 1 enters
Massachusetts.
BOUNDARY
Starting where ME RT 101 across the Piscatagua River at the NH
shoreline; then along the NH shoreline to US RT 4 in Dover Point,
NH; then along US RT 4 to its intersection with NH RT 108 in
Durham, NH; then along NH RT 108 to its intersection with NH RT
101 in Stratham, NH; then along NH RT 101 to its intersection
with US RT 1 in Portsmouth, NH; then along US RT 1 to the
Massachusetts' State line.
*Spills occurring on the routes comprising the boundary will be
the responsibility of the Coast Guard On-Scene Coordinator.
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MASSACHUSETTS
A continual boundary for the State of Massachusetts delineating
inland and coastal areas has been agreed upon by the U.S. Coast
Guard and EPA Region I. The boundary begins at the point where
Rte 1 crosses into Massachusetts in Salisbury and subsequently it
crosses into Rhode Island at the village of Adamsville in Little
Compton, RI. It then reenters Massachusetts from Rhode Island
following Rte 138 north into Fall River ending where Rte 6 enters
at East Providence, Rhode Island.
BOUNDARY
Starting where Rte 1 crosses into Massachusetts in Salisbury and
continuing on Rte 1 to its intersection with Rte 1A in
Newburyport; then along Rte 1A to its intersection with Rte 133
in Ipswich; then along Rte 133 to its intersection with Rte 127
in Gloucester; then along Rte 127 to its intersection with Rte 62
in Beverly; then along Rte 62 to its intersection with Rte 128
Danvers; then along Rte 128 to its intersection with Rte 114 in
Peabody; then along Rte 114 to its intersection with Rte 129 in
Marblehead; then along Rte 129 to its intersection with Rte 1A in
Lynn; then along Rte 1A to its intersection with Commercial
Street in Lynn; then along Commercial Street to its intersection
with Bennet Street in Lynn; then along Bennet Street to its
intersection with Elmwood Avenue in Lynn; then along Elmwood
Avenue to its intersection with West Neptune Street in Lynn; then
along West Neptune Street to its intersection with Minot Street
in Lynn; then along Minot Street to its intersection with Rte 107
in Lynn; then along Rte 107 to its intersection with Rte 16 in
Revere; then along Rte 16 to its intersection with Rte 28 in
Medford; then along Rte 28 to its intersection with Commercial
Street in Cambridge; then along Commercial Street to its
intersection with Munroe Street in Cambridge; then along Munroe
Street to its intersection with Third Street in Cambridge; then
along Third Street to its intersection with Broadway Street in
Cambridge; then along Broadway Street across the Longfellow
Bridge to its intersection with Charles Street in Boston; then
along Charles Street to its intersection with Rte 93 in Boston;
then along Rte 93 to its intersection with Rte 3A in Neponset;
then along Rte 3A to its intersection with Rte 53 in Quincy; then
along Rte 53 to its intersection with Commercial Street in
Weymouth; then along Commercial Street to its intersection with
North Street in Weymouth; then along North Street to its
intersection with Rte 3A in Weymouth; then along Rte 3A to its
intersection with Rte 6E in Bournedale; then along Rte 6E to its
intersection with Head of Bay Road in Bourne; then along Head of
Bay which becomes Red Brook Road in Wareham; then along Red Brook
Road to its intersection with Rte 6 in Wareham, then along 6 to
Marion. The boundary proceeds along Rte 6 running westerly until
its intersection with Main Street, Fairhaven; then north along
Main Street which becomes South Main Street upon entering
Acushnet, to the intersection with Main Street, Acushnet; then
westerly along Main Street, which becomes Tar Kiln Road at the
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Acushnet River, to the intersection with Rte 18 (Ashley Blvd.);
then southerly along Rte 18, through New Bedford. Rte 18 becomes
First Street, south of the State Pier; then along First Street to
its intersection with Cove Road, at Clark Cove; then along Cove
Road to its intersection with Russells Mills Road, at Bliss
Corner (Town of Dartmouth); then westerly along Russells Mills
Road to its intersection with Horseneck Road, at Russells Mills
(Dartmouth); then along the Horseneck Road to its intersection
with the Hix Bridge Road at South Westport; then along the Hix
Bridge Road to its intersection with Drift Road, at Handy Four
Corners (Wesport); the southerly along the Drift Road to its
intersection with the Cornell Road, at Sherman Hill (Westport);
the via Cornell Road and the Admasville Road to the state line at
the village of Adamsville in Little Compton, Rhode Island. The
boundary reenters Massachusetts where Rte 138 crosses the state
line from Tiverton, and continues along Rte 138 until its
junction with Rte 79, in Fall River; then along Rte 79 and Rte 24
to the North Main Street interchange in Assonet (Freetown, MA);
then along North Main Street which becomes South Main Street in
Berkley to the intersection with Elm Street; then along Elm
Street to the Berkley Bridge where the road becomes Center
Street; then along Center Street to the intersection with Rte 138
in Sergreganset (Dighton); then southerly along Rte 138 to the
junction with U.S./Rte 6 in Somerset; then along U.S. Rte 6
westerly to the state line with Rhode Island.
CAPE COD
Starting at Rte 28 in Bourne and continuing downward with Rte 28
to its intersection with Rte 6A in Orleans; then along Rte 6A to
its intersection with Rte 6W in Sandwich; then along Rte 6W to
its intersection with Rte 28 in Bourne.
ISLANDS
Martha's Vineyard, Nantucket, and all other islands lying off the
coast of Massachusetts will be the responsibility of the U.S.
Coast Guard for providing for the predesignated Federal On-Scene
Coordinator.
*Spills occurring on the routes comprising the boundary will be
the responsibility of the Coast Guard On-Scene Coordinator.
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RHODE ISLAND
A continual boundary for the State of Rhode Island delineating
inland and coastal areas has been agreed upon by the U.S. Coast
Guard and EPA Region I. The boundary beings at Adamsvilie
(Little Compton), RI and exits at the state line at Fall River,
Massachusetts. It reenters Rhode Island at East Providence and
finally exits at Westerly, Rhode Island, crossing the Pawcatuck
River.
BOUNDARY
The boundary begins with the Adamsville Rd., at the state line in
Adamsville (Little Compton) R.I. It follows the Adamsville Rd.,
Rte 179, and Cold Brood Rd, to the intersection with Long
Highway; then southerly along Long Highway to the intersection
with the John Sisson Rd., near Tunipus Pond; then along the John
Sisson Rd. and Maple Lane to the intersection with the Brownell
Rd.; then along the Brownell Rd., which becomes the Swamp Rd., to
the junction with Rte 77 (Sakonnet Point Rd.); then northerly
along Rte 77 to the intersection with Highland Ave., in Tiverton;
then along Highland Ave. to its intersection with Rte 77; then
along Rte 77 to its intersection with Rte 138, also in Tiverton;
then along Rte 138 to the state line at Fall River,
Massachusetts. The boundary enters Rhode Island where U.S. Rte 6
crosses the state line into East Providence and follows that
route to its junction with Rte 114 at Leonard Corner in East
Providence; then it runs northerly along Rte 114 to the
intersection with Division St., in Pawtucket; then it follows
Division St., Pleasant St. and Alfred Stone Drive to the
intersection with Blackstone Blvd., near the Pawtucket/Providence
city line; then along Blackstone Blvd. and Butler Avenue to
Waterman St.; then along Waterman St. and South Main St. to the
junction with U.S. Rte 44. The boundary crosses the Providence
River via U.S. Rte 44 (also called the Howard St. Bridge) to the
intersection with Dyer St.; then southerly along Dyer St. to the
intersection with Eddy St.; then along Eddy St. to Cranston;
through Cranston, the boundary follows Eddy St. to its
intersection with Broad St.; then it follows Broad St. to its
intersection with Narragansett Parkway, in the village of
Pawtuxet (Warwick); then along Narragansett Parkway to its
junction with Rte 117; then along Rte 117 (which consists of
portions of Warwick Ave. and West Shore Rd.) to its intersection
with Post Rd. in Apponaug (Warwick); then along Post Rd. to its
intersection with U.S. Rte 1 south; then southerly along U.S. Rte
1 to its intersection with Rte 1A in Wickford; then along Rte 1A
to its junction with U.S. Rte 1 in Narragansett; then along U.S.
Rte 1 to its intersection with Rte 1A in Haversham (Westerly);
then along Rte 1A, via Avondale, to its junction with U.S. Rte 1
in Westerly; then along U.S. Rte 1 to the state line at the
Pawcatuck River.
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NOTES:
1. Block Island, Conanicut Island, Rhode Island, and all
other islands lying off the coast of the State of Rhode
Island are the responsibility of the U.S. Coast Guard
for providing the predesignated Federal On-Scene
Coordinator.
2. Spill occurring on the routes comprising the boundary
will be the responsibility of the Coast Guard On-Scene
Coordinator.
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CONNECTICUT
The boundary begins in the village of Pawtucket (Town of
Stonington) where US RT 1 crosses the Pawcatuck River from
Westerly, Rhode Island. The boundary follows US RT 1 to West
Broad Street; then along West Broad Street, which becomes the
Pequot Trail, to Taugwank Road; then northerly along Taugawank
Road to RT 1-95; then along RT 1-95, westward to its interchange
with RT 117 in Groton; then southerly along RT 117 (North Road)
to its junction with US RT 1 (Boston Post Road); then westerly
along US RT 1 to its junction with RT 12; then northerly along RT
12 to its junction with RT 2 in Norwich; then across the Yantic
River on RT 2 to its intersection with RT 32; then southerly
along RT 32 to its interchange with RT 1-95 in New London. The
boundary continues westerly along RT-95 to its junction with RT
156 at Exit 70; then northerly along RT 156, to the Old Hamburg
Road; then along the Old Hamburg Road to its intersection with
the Joshuatown Road; then across Eightmile River along the
Joshuatown Road, which becomes the River Road, which intersects
with RT 148 in the village of Hadlyme. From Hadlyme, the
boundary follows RT 148 to RT 82; then northerly along RT 82 to
its junction with RT 149 in East Haddam; then along RT 149 to its
junction with RT 151 in the village of Moodus; then along RT 151
to its junction with RT 66 in the town of Cobalt; then along RT
66 to its junction with RT 17A in Portland; then northerly along
RT 17A to its junction with RT 17; then along RT 17, northerly,
to its intersection with Main Street in the town of Glastonbury;
then along Main Street to its interchange with RT 2 at the East
Hartford town line; then along RT 2 to its interchange with RT I-
84; then along RT 1-84, across the Connecticut River, to the
interchange with RT 1-91 in Hartford. The boundary follows RT I-
91, southerly to its interchange with RT 99 in Rocky Hill; then
along RT 99 to its junction with RT 9 in Cromwell; then along RT
9 to the Union Street interchange in Middletown; then along Union
Street to the River Road; then along the River Road to its
intersection with Aircraft Road at the Pratt & Whitney Aircraft
Corporation at Maromas; then along Aircraft Road to its
intersection with RT 9A; then along RT 9A to its intersection
with RT 9 in Essex; then along RT 9 to its intersection with RT
1-95 in Old Saybrook; then westerly along RT 1-95 Guildford,
where 1-95 is intersected by the COTP New London and the COTP New
Haven area of responsibility. The boundary continues along 1-95
westerly to Exit 55 in Branford. From Exit 55, the boundary
follows U.S. Rte 1 to Townsend Ave. in New Haven; then northerly
along Townsend Ave. to Quinnipiac Ave.; then along Quinnipiac
Ave. to Rte 80; then westerly along Rte 80 to 1-91; then
southerly along 1-91 to 1-95; then westerly along 1-95 to its
junction with the Milford Parkway at Exit 38 in Milford; then
along the Milford Parkway to the Merritt Parkway; then westerly
along the Merritt Parkway to Exit 53 in Stratford; then from Exit
53 southerly along Rte 110 to its junction with East Main St.;
then along East Main St. to its intersection with U.S. Rte 1;
then westerly along U.S. Rte 1 to its junction with 1-95 at
interchange 33; then westerly along 1-95 to Exit 29 in
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Bridgeport. From Exit 29 the boundary follows Seaview Ave.
northerly to U.S. Rte 1; then westerly along U.S. Rte 1 to the
Chopsy Hill Rd.; then along the Chopsy Hill Rd. to its junction
with Rte 8; then southerly along Rte 8 to 1-95; then westerly
along 1-95 to Exit 16 in Norwalk. From Exit 16, the boundary
follows East Ave. northerly to its intersection with Wall St.;
then westerly along Wall St. to its intersection with West Ave.l
then along West Ave. to its junction with 1-95 at interchange 15;
then westerly along 1-95 to U.S. Rte 1 at Exit 5 in Riverside;
then along U.S. Rte 1 to its junction with Indian Field Rd. in
Cos Cob; then along Indian Field Road to its junction with 1-95
at interchange 4; then along 1-95 westerly to its junction with
Delavan Ave. at Exit 2 in Byran; then along Delavan Ave. to Port
Chester, NY which becomes EPA Region II area of responsibility.
NOTES:
1. Spills occurring on the routes comprising the boundary
will be the responsibility of the USEPA On-Scene
Coordinator.
2. All islands lying off the coast of Connecticut will be
the responsibility of the Coast Guard predesignated On-
Scene Coordinator.
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APPENDIX B
NATIONAL CONTINGENCY PLAN
-------
Thursday
March 8, 1990
Part II
Environmental
Protection Agency
40 CFR Part 300
National Oil and Hazardous Substances
Pollution Contingency Plan; Final Rule
-------
Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
8813
CERCLA amendments because the
typical size of such sites limits the
feasibility of implementing treatment-
based remedies.
D. Paperwork Refaction Act
The information collection
requirements contained in today s rule
have been approved by the Office of
Management and Budget (OMB) under
the provisions of the Paperwork
Reduction Act. 44 U.S.C 3501 et seq. and
have been assigned OMB control
number 2050-0096.
Public reporting burden for this
collection of information is estimated to
be a weighted average of 2.620 hours per
respondent, including time for reviewing
instructions searching existing data
sources, gathenng and maintaining the
data needed, and completing and
reviewing the collection of information.
Respondent means states and other
entities ^excluding the federal
government) conducting required
activities associated with remedial
actions.
Send comments regarding the burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to
Chief. Information Policy Branch. PM-
223. U.S. Environmental Protection
Agency. 401 M Street SW.. Washington.
DC 20460: and to the Office of
Information and Regulatory Affairs.
Office of Management and Budget
Washington. DC 20503. marked
"Attention: Desk Officer for EPA."
List of Subjects in 40 OK Part 300
Air pollution control Chemicals.
Hazardous materials. Hazardous
substances. Incorporation by reference.
Intergovernmental relations. Natural
resources. Occupational safety and
health. Oil pollution. Reporting and
recordkeeping requirements. Superfund,
Waste treatment and disposal Water
pollution control Water supply.
Dated: February 2.1990.
William K. Reilly.
Admimsuator.
Therefore. 40 CFR pan 300 is amended
as follows:
PART 300-C AMENDED]
1. The authority citation for part 300 is
revised to read as follows:
Authority: 42 U.S.C. 9601-0057. 33 VS.C.
1321(c)C): E.0.11735.38 FR 21243. E.0.12580.
52FR293.
2. Subparts A through H of pan 300
are revised, subparu I and I are added.
and subpan K Is added and reserved to
read as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
Subpart A—Introduction
See.
300.1 Purpose and objectives
300.2 Authority and applicability
300.3 Scope.
300.4 Abbreviations.
300-S Definitions
300.6 Use of numoer and gender
300.7 Compulation of ome.
Subpart 8—Responsibility and Organization
for Roepofiae
300.100 DuUes of President delegated to
federal agencies.
300.105 General organization concepts
300.110 National Response Team.
300.115 Regional Response Teams.
300120 On-acene coordinator! and remedial
protect managers: general
responsibilities.
300.125 Notification and communications.
300.130 Determinations to inmate 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 ana safety.
300.155 Public information and community
relations.
300.160 Documentation and coat recovery.
300.165 OSC report!.
300.170 Federal agency participation.
300.175 Federal agencies: additional
responsibilities and assistance.
300.180 Stale and local participation in
response.
300/185 Nongovernmental participation.
Subpart C—Planning and Preparedness
300 am General
300.205 Planning and coordination structure
300-210 Federal contingency plans.
30O21S Title III local emergency response
plans.
300 220 Related Title 01 issues.
Subpart O—Operational Response Pfiase*
for OH Removal
300300 Phase I—Discovery or notification.
300J05 Phase U—Preliminary assessment
and initiation of action.
300J10 Phase UI—Containment.
countermeasures. cleanup, and disposal
30O31S Phase W—Documentation and cost
recovery.
300320 General pattern of response.
300.330 Wildlife conservation.
300335 Funding.
Subpart E—Hazardous Substance
Response
300.400 General
300.405 Discovery or notification.
300.410 Removal site evaluation.
300.415 Removal acuoa.
300.43) 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 Proceaures for planning ana
implementing off-site response actions.
(Reserved)
Subpan F—State Involvement in Hazardo
Substance Response
300JOO General
300.505 EPA/State Superfund Memoranaum
of Agreement (SMOA).
300 510 Slate assurances.
300.515 Requirements for stale involvement
in remedial and enforcement response
300520 State involvement in EPA-lead
enforcement negotiations.
300525 Slate involvement in removal
a coons.
Subpart G—Trustees for Natural Resources
300.600 Designauon of federal trustees.
300.005 State trustees.
300410 Indian tnbes.
300.615 Responsibilities of trustees.
Subpart H—Participation by Other Persons
300.700 Activities by other persons.
Subpart I—Administrative Record for
Selection of Reaponae Action
300.800 Establishment of an adminisirdtii e
record.
300.805 Location of the administrative
record file.
300410 Contents of the adnunistratii e
record file.
300415 Administrative record file for a
remedial action.
300420 Admuustrauve record file for a
removal acuon.
300425 Record requirements after the
decision document is signed.
Subpart J—Use of Dlsperaants and Otr
Chemcais
300400 General
300405 NCP Product Schedule.
300410 Authorization of use.
300415 Data requirements.
300420 Addition of products to scnedule
Subpart K—federal Facilities (Reserved I
Subpart A—Introduction
9 300.1 Purpose and objective*.
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.
S30U Authority and applicability.
The NCP is required by section 10S of
the Comprehensive Environmental
Response. Compensation, and Liability
Act of 1980, 42 U.S.C 9605. as amended
by the Superfund Amendments and
Reauthonzation Act of 1986 (SARA).
PubJ. 99-199. (hereinafter CERCLA).
and by section 311(c)(2) of the Clean
Water Act (CWA). as amended. 33
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8814 Federal Register / Vol. 55. No. 4fl / Thursday. March 8. 1990 / Rules and Regulations
U.S.C. I32l(c](2]. In Executive Order
'E.O.J 12SSO (52 FR 2923. January 23.
W). the President delegated to the
.nvtrorunental Protection Agency (EPA.}
the responsibility for the amendment of
the NCP. Amendments to the NCP are
coordinated with members of the
National Response Team (NRTJ prior to
publication for notice and comment.
This includes coordination with the
Federal Emergency Management
Agency and the Nuclear Regulatory
Commission in order to avoid
inconsistent or dupLcative requirements
in the emergency planning
responsibilities of those agencies. The
NCP is applicable to response actions
taken pursuant to the authorities under
CERCLA and tecnon 311 of the CWA.
9300J Scop*.
(a) The NCP applies to and is in effect
for
(1] Discharges^ oil into or upon the
navigable waters of the United States
and adjoining shorelines, the waters of
'he contiguous zone, and the high seas
beyond the contiguous zone in
connection with activities under the
Outer Continental Shelf Landa Act or
the Oeepwaier Port Act of 1974. or
which may affect natural resources
belonging to. appertaining to. or under
'be exclusive management authority of
United States (including resources
.der the Ma^n-'ior. Fishery
Conservation and Management Act).
(See sections 311(b)(l) 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.
(b) The NCP provides for efficient.
coordinated, and effective response to
discharges of oil and release* of
hazardous substances, pollutants, and
omMimnaaii m •movd«noa with lh«
authorities of CERCLA and the CIV A. II
provides for.
(1) The national response organization
that nay be activated in response
actions i! 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 on-scene
coordinator (OSC) contingency plans. It
also summarizes state and local
emergency planning requirements under
SARA Title III
(3) Procedures for undertaking
removal actions pursuant to secnon 311
-f the CWA.
4) Procedures for undertaking
jponse acnons pursuant to CERCLA.
(S) Procedures for involving state
governments in the initiation.
development, selection, and
implementation of response actions.
(6) Designation 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
dispersanta 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 NCP shall conform to the
provisions of international joint
contingency plans, where they are
applicable. The Department of State
shall be consulted, as appropriate, prior
to taking any action which may affect its
activities.
13004 Aatravtattona.
(a) Department and Agency Title
Abbreviations:
ATSOR—Agency for Toxic Substances
and Disease Registry
DOC—Department of Commerce
DOD—Department of Defense
DOE—Department of Energy
DO1—Department of the Interior
DOf—Department of Justice
DOL—Department of Labor
DOS—Department of State
DOT—Department of Transportation
EPA—Environmental Protection Agency
FEMA—Federal Emergency
Management Agency
HHS—Department of Health and
Human Services
NIOSft—Manorial buatbie for
Occupational Safety and Health
NOAA—National Oceanic and
Atmospheric Administration
RSPA—Research and Sperial Programs
Administration
USCC—United Stales Coast Guard
USDA—United States Department of
Agriculture
Notts Reference is msae in the NCP to both
the Nuclear Regulatory Comnuition *nd the
Nsnooal Response Center. In order to avoid
confusion, the NCP will spell out Nudeu
Regulatory Commuiion end use the
•bhravuuon "NRC" only wiih reipeet to the
National Reiponaa Center.
(b) Operational Abbreviation*:
ARARs— Applicable or Relevant and
Appropriate Requirements
CZRCUS—CERCLA Information System
CRC—Communiry Relations
Coordinator
CRP—Community Relations Plan
ERT—Environmental Response Team
FCO—Federal Coordinating Officer
FS—Feasibility Study
HRS—Hazard Ranking System
LEPC—Local Emergency Planning
Committee
NCP—National Contingency Plan
NPL—National Priorities List
NRC—National Response Center
NRT—National Response Team
NSF—Naaonal Strike Force
OltM—Operation and Maintenance
OSC—-Go-Scene Coordinator
PA—Preliminary Assessment
PLAT—Public Information Assist Team
RA—Remedial Action
RAT—Radiological Assistance Team
RCP—Regional Contingency Plan
RD—Remedial Design
Ri—Remedial Investigation'
ROD—Record of Decision
RPM—Remedial Project Manager
RRC— Regional Response Center
RKT—Regional Response Team
SAC—Support Agency Coordinator
SERC—State Emergency Response
Commission
SI—Site Inspection
SMOA—Superfnnd Memorandum of
Agreement
SSC—Scientific Support Coordinator
I300J OeflnWena.
Terms not defined in this section have
the meaning given by CERCLA 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 denned
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 ether substantive requirements.
criteria, or limitations promulgated
under federal environmental or state
environmental or facility siting laws thai
specifically address a hazardous
substance, pollutant, contaminant.
remedial action, location, or other
circumstance found at a CERCLA site.
Only those state standards thai an
identified by a state in a timely manner
and that are more stringent than federal
requirements may be applicable.
Biological additives means
microbiological cultures, enzymes, or
nutrient additives that are deliberately
introduced Into an oil discharge for the
specific purpose of encouraging
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8615
biodearadaiior. to mitigate the effects of
(he discharge
Burning agents means those additives
that, througn pr.ysicai or chemical
means, improve (he combustibility of (he
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 Reauthonzation Act
of 1988.
CERCL1S is the abbreviation of the
CERCLA Information System. EPA's
comprehensive data base and
management system that inventories
and tracks releases addressed or
needing to be addressed by the
Superfund program. CERCLIS coniams
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 Funh'er Response Action Planned'
(NFRAP) designation in CERCLIS. This
means that no additional federal steps
under CERCLA will be taken at the site
unless future information so warrants.
Sites are not removed from the data
base after completion of evaluations in
order to document that these
evaluation took pltca and to preclude
the possibility that they be needlessly
repeated. Inclusion of a specific sue or
area in the CERCLIS data base does not
represent a determine./. cf any party's
liability, nor does it represent a finding
that any response action is necessary.
Sites that are deleted from the NPL are
not designated NFRAP sites. Deleted
sites are listed m a separate category in
the CERCLIS data base.
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 ngid or viscous, or otherwise
facilitate the mitigation of deleterious
effects or the removal of the pollutant
from the water.
Claim as defined by section 101(4) of
CERCLA. meant • demand in writing for
a sum certain.
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 nvers.
Coastal zone tt 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
nvers. waters of the contiguous zone.
other waters of the high seas sublet to
the NCP. and the land surface or land
substrata, around waters and amoient
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 aareerrents
and identified in federal regional
contingency plans.
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.
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 me
interactive community relations
requirements set forth in the NCP
Contiguous zone means the zone of
the high seas, established by the United
Slates 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 dunng the
performance of the protect.
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 pan of the
public record with respect to a permit
issued or modified under section 402 of
the CWA. and subiect 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 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.
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 wdier svsierr.
(as defined in the Safe Grinning Water
Act) or as drinking water by one cr .T.orc
individuals.
Environment as defined bv section
101(8) of CERCLA. means the navigaolc
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: 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 tunsdiction of the United
States.
Facility as defined by section 10119) 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.
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 perforr
concurrently and in an interactive
fashion with the remedial investigation
(RI). using data gathered dunng the RI.
The RI data are used to define the
objectives of the response action, to
develop remeoial action alternatives.
and to undertake an initial screening
and detailed analysis of the alternatives
The term also refers to a report that
descnbes the results of the study.
First federal official means the first
fedarul representative of a participating
agency of the National Response Team
to amve 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 junsdiction over a site covered
by a cooperative agreement will act in
the stead of the first federal official for
any incident at the site.
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. mean* water in a
saturated zone or stratum beneath the
surface of land or water
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8816 Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules acd Regulations
Hazard Ranking System (HRS) means
•He method used by EPA to evaluate the
ative potential of hazardous
osiance 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 311fb)[2){A) of th« ""Vany
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 30P of the Solid Waste Disposal
Act (bat not including any waste the
regulation of which under the Solid
Waste Disposal Act 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: 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 ACL The term .do**
not include petroleum, including crude
oil or any fraction thereof which is not
otherwise specifically bated or
designated a* a hazardous nbstaneartai
the first sentence of Uur paragraph, and
the term does not include natural gaa.
ml gas liqmds. liquefied natural gas.
ynthebc gas usable for fuel (or
uiixtum of natural gas and such
synthetic gaa).
Indian tribe** defined by section
101(36) of CERCLA. means any Indian
tnbe. band, nanon. or other organized
group or community, including any
Alaska Native village but not inrlnrimg
any Alaska Native regional or village
corporation, which is recognized aa.
eligible for the special programs and
services provided by the Untied Stale*
to Indians-bacauM of their status aa
Indiana.
Inland waters, for the purpose* of
classifying the size of discharges, maana
those waterm of the Umted State* in tha>
inland zone, waters of the Great Lakes.
and speci5ed ports and harbors on
inland nvexa.
Inland tone •««•««• »lt» environment-
inland of the coastal zone excluding the
Great Lakes and specified perta and,
harbors on inland rivers. The term
inland zone delineates an ana of
federal responsibility for response
action. Precise boundaries are*
determined byEEA/USCG agreements
and identifiedin federal regional
contingency plane.
Lead agency means the agency that
•trovldn the OSC/RPM \o plan and
iement response action .mtder me
I. 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)(l) 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 the sole source of the
release is from, any facility or veaael
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 USCC. DOD. or DOE. (hen that
agency win be the lead agency for
remedial actions and removal actions
other than emergences. The federal
agency maintains ils 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
secuon 120. The lead agency wiD consult
with the support agency, if one exists..
throughout the response process.
Management of migration means-
action* thflt <;r? taken to mmim™ and
mil),;* Ihe aigration of hazardous
subbiuices or pollutantsjir
i-ymtamman«« ajld the effects of SUCh
migration. Measures may include, but
are not limited to. management of-a
phune of contamination, restoration of a
drinking-water aquifer, or surface water
restoration.
Miscellaneous oil tpill control agent
is any product, other than a dispenanL
sinking agent, surface collecting agent.
biological additive, or burning ageat
that can be used to enhance oil spill
cleanup, removal, treatment or
mitigation.
National Priorities List (NPL) means
the fist compiled by EPA pursuant to •
CERCLA section 106. of uncontrolled
hazardous substance releases in the -
United States that are priorities for long-
term remedial evaluation and response.
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 Ihe
exclusive economic zone defined by the
Magnueonfiahery Conservation and
ManagemenCAcl of 1S7B). any state AI
local government any foreign.
government any radian tdba, or. if jacfa
resources are subiect to a trust
restriction on alienation, any member of
an Indian tnbe.
Navigable waters, as defined by 40
CFR 110.1. means the waters of the
United States including the territorial
seas. The term includes.
(a) Ail 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
subiect to the ebb and flow of the tide:
(b) Interstate waters, including
interstate wetlands:
(c) All other waters such as intraslate
lakes, rivers, streams (including
intermittent streams), mudflats.
sandflais. end 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 travelerstfor
recreational or other purposes:
(2) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce
(3) That ere used or could be used for
industrial purposes by industries in
interstate commerce:
(d) All impoundments of waters
omerwise defined as navigable watan
(e) Tributaries of waters identified m
paragraphs (a) through (d) of this
definition, mending 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.-
Offshore facility as defined by section
101417) of CERCLA and section
311(aMll) 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 subiect to the jurisdiction
of the Umted States aad is located tat
on. or under any other waters, other
than a vessel or a public vessel
Oil as defined by section «l(aHl) of
the CWA. means oil of any kind or ta
any form, tacradm£ but not limited to,
petroleum, fuel ofl. sludge, oil refuse.
and oil mixed with wastes other than
dredged spoiL
OH pollution fund" intuit the fund
established by section 311(k) of the
CWA.
On-scene coordinator fOSC) means
the fedeai official padesigastcd by
EPAar the USCC io coordinate and
direct federal response < under aabpart
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8337
0. or the official designated by the lead
agency to coordinate and direct removal
actions under subpan E of the NCP
Onsnore facility aa defined by section
101(18) of CERCLA. means any facility
(including, out not limited to. motor
vehicles aad 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-siie means the area! extent of
contamination and all suitable areas in
very close proximity to the
contamination necessary for
implementation of the response action.
Operatic unit means a discrete action
that compnses an incremental step
toward comprehensively addressing site
problems. This discrete portion of a
remedial response manages migration.
or eliminates or mitigates a release.
threat cf 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
acnon. 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.
Operation and maintenance (O&M)
means measures required to maintain
the effectiveness of response actions.
Person as defined by sectiok 101(21)
of CERCLA. means an individual firm.
corporation, association, partnership.
consortium. |oint venture, commercial
entity. United States government, state.
municipality, commission, 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,
ingesnon. inhalation, or assimilation
into any organism, either directly from
the environment or indirectly by
ingestion through food chams. 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
crade oil or any fraction thereof which is
not otherwise specifically listed or
designated as a hazardous substance
unoer section 101(14) (A) throngn (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.
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 bea removal
or remedial action under CERCLA. The
term includes, without being limited to.
activities such as relighting gas flares.
replacing filters, and collecting leacnate.1
Preliminary assessment (PA) 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, jxcept 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 proiect(s) or
continuing opexation(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 aa defined by section lOlf 22)
of CERCLA. means any spilling, leaking.
pumping, pouring, emitting, emptying.
discharging, injecting, escaping.
teaching, dumping, or disposing mto the
environment (inctading the
abandonment or discarding of barrels.
containers, and other dosed receptacles
containing any hazardous substance or
pollutant or contaminant), but excludes:
Any release which results in exposure to
persona solely within a workniace. witn
respect to a claim wmch snch persons
may assert against the emoioyer of such
persons: emissions fiuui the envuie
exhaust of a motor vehicle, rotting stock.
aircraft, vessel, or pipeline pumping
station engine: release of source.
byproduct, or special nuclear material
from a nudear incident as those terms
are defined m the Atomic Energy Act of
1954. if such release is subject to
requirements with respect to financial
protection established by the Nudear
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 scarce.
byproduct, or speaal nudear material
from any processing site designated
under section 102(a)(l) or 302(a) of the
Uranium Mill Tailings Radiation Control
Act of 1978: 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 substannve 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 nse is well suited to the particular
site. Only those state standards that are
identified hi 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 acnon.
Remedial investigation (RT) is a
process undertaken by the lead agency
to determine the nature and extent of
the problem presented by the release.
The Rl emphasizes data collection and
site characterization, and is generally
performed concurrently and in an
interactive fashion with the feasibility
study. The Rl includes sampling and
monitoring, as necessary, and includes
the gathering of sufficient information ta
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
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8018
Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1590 / Rules and Regulations
direct remedial or other response
actions under subpart E of the NCP.
Remedy or remedial action (RAJ
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)J where EPA determines
that, alone cr ui 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)(B] of the CWA. refers to
removal of oil or hazardous substances
from 'he water and shorelines or the
takiiig of such other actions as may be
necessary to minimize or mitigate
damage to the public health or welfare
or to the environment. 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 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 I04(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.
Respond or response as defined by
section 101(23} of CERCLA. means
remove, removal, remedy, or remedial
action, including enforcement activities
related thereto.
SARA is the Superfund Amendments
and Reauthorization Act of 1968. 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-fCnow Act of
1966" and Title IV of SARA, also known
as the "Radon Cas and Indoor Air
Quality Research Act of 1986." Title V of
SARA 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
cnlena for the actions delineated m
subpart D. They are not meant to imply
associated degrees of hazard to public
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 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.
(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.
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 3. 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.):
(a) Minor release means a release of a
quantity of hazardous aubstance(s).
pollutant(s). or contaminants) that
poses minimal threat to public health or
welfare or the environment.
(b) Medium release means a release
not meeting the cntena for classification
as a minor or major release.
(c) Major release means a release of
any quantity of hazardous substance(s).
pollutant(s). or contaminants] that
poses a substantial threat to public
health or welfare or the environment or
results in significant public concern.
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
maintenance of landfill caps and
leachate collection systems.
Specified ports and harbors means
those ports and harbor areas on inland
nvers. and land areas immediately
adjacent to those waters, where the
USCC acts as predesignated on-scene
coordinator. Precise locations are
determined by EPA/USCG regional
agreements and identified in federal
regional contingency plans.
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Federal Register / Vol. 55. No. 4d / Thursday. March 8. 1990 / Rules and Regulations
8319
Sta:c means the several st.itcs of the
United Slates, the District of Columbia.
the Commonwealth of Puerto Rico.
Guam. American Samoa, the V:rgm
Islands, the Commonwealth of 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 tnbes that wish to
be treated as states.
SuperfundMemorandum of
Agreement (SMOA) means a
nunbinding, 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-rernedinl. remedial, and/or
enforcement response process. Tha
SMOA is not a site-specific document
although attachments may address
specific sites. Tha SMOA generally
defines the role ar.d 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
S iperfund state cor.!:-ar.t amor.-^ EPA.
the state, and political subdivision
the.-oof. is r.-quired before a politics!
subdivision takes the lead for any pr J.SH
of rerr.Hih.:! msponsp to *>nsu:;! state
involvement pursuant to section 121 (Oil)
of CEKCLA. The Superlund stata
contract may be amended to provide the
si.ite's CFRCLA se-.t'-in 104 .i.->sur:ir.ces
before a politic.i! b'j|j''ivtsu»:i c.irs take
the load fur lerr.&ilu! action.
Sup/in.-' r-iencv mt.ins the r.y.nry or
agencies :ndi. oro-.r'* 'he support
agency c:if,r.!i.-.a!or to furnish necessary
d.itu to tu.d •••rd d^ncy. review
response J-ia and doci..Tients. .-ir.d
provide oil:t"- s.ssis!ar.':e as requested by
the OSC of RPM. EPA. t!« USCC.
another fniicri! dgsnry. or a state may
be support agences fur a rcspiis?
action if upf-;at:ng pu/iuu.it to a
contract executed under section
104(d)(lJ of CERCLA or designated
pursuant to a Scpfrfi:r.d Nt^moriiidum
of Agnurni"it enterpd T.to p>::su.inl t:j
sibpart F of the NCP or c'.hpr
agreement. The support agency p.:.nv also
concur or. decision rio
Support agency Coordinator (SAC)
means the official designated by the
support agency, as appropriate, to
interact and coordinate with the lead
agency m response actions under
subpart E of this part.
Surface collecting agents means those
chemical agents that form a surface Him
to control the layer thickness of oil.
Threat cf discharge or relecie. see
definitions for discharge and re'ease.
Threat of release, see defimt.on for
release.
Treatment technology means any un:t
operation or series of ur.it operations
that alters the composition of a
hazardous substance or polluMnt 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 C of the NCP or a
designated stats official or Indian tribe
who may pursue claims for damages
under section 107(0 of CERCLA.
United States when used in relu'.ion to
section 311(a)(5) of the CVYA. 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 Statps, when usod
in relation to section 101(27) cf CERCLA.
includes the several states of the United
States, the District nf Cjiumbia. the
Commonwealth of Puerto Rico. Guam.
American Sa'ioa. the United Slates
Virgin Is:ands. the Common we Jith of
the Northern Manan.is. and dny oth^r
territory or possession over •* hio.i the
United States has junsciuior.
Vtarse/as dcfmsd by section 101(2C{
cf CERCLA. means every desc'rpt:cn of
watercraft or olhf*r artificial comnvam-i*
used, or capable of buir.g nsuii. .-is a
means of 'ranspnrtat'or. on w.itpr; ar.d.
as defined by section 3ll(n;(.'.) of tho
CWA. means every di.sc.--p!-nr. ^{
wa'tcrcruft or other artificial contrivance
used, or capable of being usi-ii. as a
means of transportation on water other
than a public vessel.
Volunteer ma.ins any inJiu'Jual
accepted to perform services b> the Ic'jd
agency v.hich h.is authority to accept
volunteer services (examples: Sue 1!)
U.5.C. T42f(c)). A \nluiiteer is aulj|cct to
the provis.ons of ?he authcnzir.^ s'a'ute
and the NCP
§ 300.6 Use of number and sender.
As used in this rpg-ilution. wn-ds ir,
the singular also ir.~!yi:o thp plii.nl .
words ir. the masculine gender also
include the feminine and vice versa, -is
the case may require.
] 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 .8—Responsibility and
Organization for Response
§ 300.100 Duties of President delegated to
federal agencies.
In Executive Order 11735 and
Executive Order 12580. the President
delegated certain functions and
responsibilities vested in him by the
CWA and CERCLA. respectively
S 300.1 OS General organization concepts.
(a) Federal agencies should:
(1) Plan for emergencies and develop
procedures far addressing oil discharges
and releases of hazardous substances,
pollutants, or contaminants;
(2] Coordinate their planning.
preparedness, and response activities
with one another
(3) Coordinatp iheT planning.
preparedness, and rcsoor.se activitips
with affected states and locul
£ov(>rn.T.er.:s and private entitiab, and
(4) Maks available those facilities or
rpsourccs that mav be useful in a
response situation, consistent w.th
agency authorities and capabilities
(b) Thitre fundamental kinds of
activitjps arp performprl pursuant to il.->
NCP:
(1] Preparedness planning and
coordination for response to a dui hrir^i;
of oil or riiloaso of a hazardous
substance, pollutant, or ccntamir.a.-.t:
(2) Notification and communn asions:
and
(.1) Response operations *'• the si-r-ni-
of a discharge or release.
(c) The organizational elements
created to pprform these activities «r«
(1) The N'anon.al Response Team
(NR rj. rn«jpc-ns:b!" lor national respnr.v*
and prepjrodni'ss planning, for
rocrrima:ir.^ rr^Jona! planning. an-J for
providing policy gt.id.mce and support
to the Rcaiora! RcsDonsa Teari« .\'S T
membcrsn.p consists of repiescn: ii.vi>s
from ih'r d;tP.ri.;s specified in § 300.175.
(2) Rpj-or.di Response Teams (RRTs)
responsible for rngional planning and
proparoircss activities before re«pnnbi!
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8820 Federal Register / Vol. 55. No 46 / Thursday March 8. 1990 / Rules and Regulations
sctions. and for providing advice and
yuopori to the on-scene coordinator
OSC1 or remedial project manager
'Ml when activated daring a
jponse. RRT memoersnip consuu of
desicna'ed representatives from each
federri1 agency pdro-.ipdiiiui u> 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 ana
RPMs are described in { 300135.
(d)(l)The urganizauonal concepis of
the national response system are
depicted in the following Figure 1.
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Federal Register / Vul 55. No 46 / Thursday March 8 1990 / Rules and Regulations
8821
Figure I
National Response System Concepts
notification
NRC
§300.125
notificaoon
Discharge or
Release Incident
purrmg ft pr*pv«on*u
Lacai R«spono«n
$300.180
plannng & preparedness
State Reaponoert
§300.! 80
Federal CSC/RPM
§300.120
Sp*ae.l Tearra
§300.145
NSF ERT SSC RAT
SUM Government
§300.180
RRT
H300.11S
Mid 300205
Fcoaral Aoanevs
§§300.170 ft 300.175
NUC. REG.
COMM
pobcy flu^kvm
NRT
H3oaiie
300205
The same federal agencies participate on both the Naoonal Response Team (NRT)
and the Regional Response Team (RRT). Federal agencies on the RRT are
represented by regional staff. Abbreviations used in this figure are explained
in §300.4.
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Regular / Vol. 55. No. 46 / Thursday. March 6. 1990 / Rale* and Regulations
(2) The standard federal regional the Regional Response Teams) arc
^oundanes (which are also the shown in the following Figure 2:
ograpmr areas of responsibility for MUM cooc T--T u u
-------
Figure 2 - Standard Regional Boundaries for Ten Regions
MONTANA I NOHIH DAKOTA
VII
UAMY I AND
OIIAWAItl
GUAM ** HAWAII
NORTHERN MARIANA
ISIANDS
PACK 1C ISI AND
GOVERNMENTS
AMERICAN
SAMOA
MtlMQCOOf «fM M-l
Ml?/ I
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8824
Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
(3) The USCC District boundaries are
-hown in the following Figure 3:
-------
/thDiswcl
Juneau
*0
14th District
Honolulu
«i
Ml
Guam
Northmn Mariana teUndi
Padllc liland QovammanU
A>TM> lean Samoa
9IUIMO COM M*«-M-€
U.S. Coast Guard Districts
Atlantic and Pacific Area Commands
tif^p'iv?-
Hi
&&$&$
ww-m
mm\ I Nf|ft V;
fcM'W?|.! ':']'t'$j \.*^'
Atlanlic Area
New York
5lh Oislricl
Portsmouth
Blh District
Ne-v Orieanr.
Puerto Rk»
U.S. Virgin Island*
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8826 Federal Register / Vol. 55. No. 46 / Thursoav. Marcn 8. 1990 / Rules ana Regulations
} 300.110 Nation*! R«*oen*« Team.
Naiiondi planning ana coordination \s
••ccompiished throuan the National
esponse Team (NRT]
(a) The NRT consists of
representatives from the agencies
named in § 300.1 TS. Each agency shall
designate a memoer 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.
(b) The chair of the NRT shall be the
representative of EPA and the vice chair
shall be the representative of the USCC.
with the exception of penods of
activation because of response action.
During activation, the chair snail be the
member agency providing the OSC/
RPM. The vice chair shall maintain
records of NRT activities along with
national, regional, and OSC plans for
response actions.
(c) While the NRT desires to achieve a
consensus on aii matters brougnt before
it certain matters may prove
un**«nlvable by this means. In such
cases, each agency serving as a
participating agency on the N."RT may be
accorded one vote in NRT proceedings.
(d) The NRT may establish such
'•ylawi and committees as it deetna
ipropnate 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 may
recommend revisions to the NCP.
(F) The NRT shall provide policy and
program direction to the RRTs.
(g) The NRT may consider and make
recommendation* 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
.•esponsibilities 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
•>ss»t member agencies in preparedness
anning and response, and enhancing
coordination of member agency
preparedness programs-
(5) Developing procedures to ensure
the coordination of federal, state, and
local governments and private response
to oil uiscnarges and releases of
hazardous suosiances. pollutants, or
contaminants:
(6) Monitoring response-related
research and development, testing, and
evaluation activities of NRT agencies to
enhance coordination and avoid
duplication of effort
(7| Developing recommendations for
response training and for ennancing the
coorainauon of available resources
among agencies with training
responsibilities under the NO*, and
(6) 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 pnvate
organizations.
(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
th« region in which it occurs:
(ii) Transacts regional boundaries: or
(iii) Involves a significant threat to
public health or welfare or the
environment substantial amounts of
property, or substantial threats to
natural resources: or
(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
OSC/RPM. through the RRT. actions to
combat the discharge or release:
(2) Request other fedanL »t«te. and
lo»»l girrwrunents. 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.
J 300.115 Regional Responat
(a) Regional planning and
coordination of preparedness and
response actions is accomplished
through the RRT. The RRT agency
membership parallels that of the NRT.
as described in | 300.110. but also
includes slate and local representation.
The RRT provides the appropriate
regional mechanism for development
and coorainauon of preparedness
activities before a resoonse act-on is
taken and for coorair.aiion of assistance
and advice to the OSC/RPM durxz sucn
response actions
(b) The two principal comoonenis of
the RRT mechanism are a standing
team, which consists o: designated
representatives from each participating
federal agency, state governments, and
local governments las agreed uoon by
the states): and incident-specific teams
fanned from the standing team when the
RRT is activated for a response On
incident-specific teams, participation by
(he 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 Canbbean 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.
(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 acuvauon and/or
notification of the incident-specific RRT.
including participation by stale and
local governments, shall be determined
by the designated RRT chair for me
incident based on the Regional
Contingency Plan (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 d
discharge or release.
(c) The representatives of EPA and
the USCC shall act as co-chair* of RRTa
except when the RRT if activated.
When the RRT is activated for response
actions, the chair shall be the member
agency providing the OSC/RPM
(d) Each participating agency xnould
designate one member and at lca*i one
alternate member to the RRT. Agencies
whoa* regional subdivisions on not
correspond to the standard federal
regions may designate additional
representatives to the standing RRT in
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.
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Federal Register / Vol. 55. No. 46 / Thursday. March 6. 1990 / Rules and Regulations
8827
(c) 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 learr.s 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 make available the
resources of their agencies to the OSC/
RPM as specified in the RCP and OSC
contingency plan.
(g) RRT members should designate
appropriately qualified representatives
from their agencies to work with OSCs
in developing and maintaining OSC
contingency plans, described in
S 300.210. that provide for use of agency
resources in responding to discharges
and releases.
(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 and OSCs in developing RCPs
and OSC contingency plans: to plan for.
make available, and coordinate state
resources: and to serve as the contact
point for coordination of response with
local government ag—i-:.^a. whether or
not represented on the RRT. The state's
RRT representative should keep the
State Emergency Response Commission
(SERC], described in i 30O205(c).
apprised of RRT activities and
coordinate RRT activities with the
SERC. Local governments and Indian
tnbes are invited to participate in
ictivities on the appropriate RRT as
provided by state law or as arranged by
the state s representative.
(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 OSC contingency plans
for the federal response to discharges
and releases, and provide technical
assistance for preparedness to the
response coouLunity. The RRT should:
(1) Review ana comment, to the extent
practicable, on local emergency
response plans or other issues related to
the preparation, implementation, or
exerase 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.
{31 R:camtr.cnd revis.jns of vha NCP
o the .\RT. based or. oosenations of
response operations:
(4) Review OSC actions to ensure that
RCPs and OSC contingency plans are
effective;
(5| Encourage the state and local
response community to improve its
preparedness for response:
(6) Conduct advance planning for use
of dispersants. surface collection agents.
burning agents, biological additives, or
other chemical agents in accordance
with subpart | of this part
(7) Be prepared to provide response
resources to major discharges or
releases outside the region: fc
(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 senuannually to
review response actions earned out
dunng the preceding penod and
consider changes in RCPs and OSC
contingency plans: and
110] 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.
(j)(l) 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
when it occurs:
(ii) Transects state boundaries: or
(iii) May pose a substantial threat to
the public health or welfare or the
environment, or to regionally significant
amounts of property. RCPi shall specify
detailed criteria for activation of RRTs.
(2) The RRT will be activated dunng
any discharge or release upon a request
from the OSC/RPM. or from any R3T
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) Dunng 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.
W When the RRT is activated for a
discharge or release, agency
representatives scaii meet at the call of
the cha.r and may
(i) Mcnitor and c\aiuate reports fr
ihe OSC/RPM. advise the OSC/RPM
the duration ar.c extent of response, and
recommend to Ihe 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 Rr
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
regjonwide response effectiveness.
(k) Whenever there is insufficient
national policy guidance on a matter
before the RRT. a technical matter
requinng solution, or a question
concerning interpretation of the NCP. or
there is 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 t 300.110. for advice.
$300.120 On-*cen*coorttnatoreand
laJ protect managers:
reepanaibUlttea.
(a) The OSC/RPM directs response
efforts and coordinates all other efforts
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8828 Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
at the scene of a discharge or release.
As part of the planning and
preparedness for response. OSCs shall
be predesignaled by the regional or
district head of the lead agency. EPA
and the USCC shall predesignate OSCs
for all areas in each region, except as
provided in paragraphs (b) and (c) 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 (b)
and (c) of this section.
(1) The USCC 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 USCC shall not provide
predesignated OSCs for discharges or
releases from hazardous waste
management facilities or in similarly
chronic incidents. The USCC shall
provide an initial response to discharges
or releases from hazardous waste
management facilities within the coastal
zone in accordance with 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 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 m the case of
state-lead federally funded response
and as provided in paragraph (b) of this
section. EPA will also assume ail
remedial actions at NPL sites in the
coastal zone, even where removals are
initiated by the USCC. except as
provided in paragraph (b) of this section.
(b) 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 djzcncy
(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 agenry
other than EPA. DOD. or DOE. such
agency shall provide OSCs fur all
removal actions thai *re not
emergencies and shall provide RPMs for
all remedial actions.
(c) 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.
(d) The OSC is responsible for
developing any OSC contingency plans
for the federal response in the area of
the OSCs responsibility. The planning
shall, as appropriate, be accomplished
in cooperation with the RRT. described
in { 300.115. and designated state and
local representatives. The OSC
coordinates, directs, and reviews the
work of other agencies, 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.
(e) 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 (Rl/FS). described in § 300.430.
and continues through design, remedial
action, deletion of the sue 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-financcd
response: The RPM coordinates, directs.
and reviews the work of other agencies.
responsible parties, and contractors to
assure compliance with the NCP. 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
§ 300.430. and continues through dpsign
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 preauthonzed
a person to file a claim for
reimbursement to determine that the
response was consistent with the terms
of such preauthonzation in cases where
claims are filed for reimbursement.
(f)(l) Where a support agenc%has
been identified through a cooperative
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.
(g)(l) 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.
§ 300.125 Notification and
communications.
(a) The National Response Center
(NRC). located at USCC Headquarters.
is the national communications center.
continuously manned for handling
activities related to response actions.
The N'RC acts as the single point of
contact for all pollution incident
reporting, and as the NRT
communications center. Notice of
discharges must be made telephomcally
through a toll free number or a special
local number (Telecommunication
Device for the Deaf (TDD) and collect
calls accepted). (Notification details
appear in §§ 300.300 and 300.405.) The
N'RC 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
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Federal ReeMter / Vol. 35. No. 46 / Thursaav. Marcn 8. 1990 / Rules ana Refutations
8829
vun tne N*RC The NRC evaluates
icomina informauon ana immeaiateiv
..avises rEMA of a ootenoal ma tor
-isasier or evacuanon situation.
:bl The Commandant. USCC in
.oniuncuon wim otner NRT aaenaes.
: ft ail provide tne necesaarv personnel.
wommunicauons. piotnng iaciUues. and
-qujpment tor tne NRC
;c| Notice of an ou discharge or
• siease 01 a nazaraoua suostance in an
amount eauai to or greater man tne
reponaoie Quantity must be maae __
immeaiatelv in accoroance with 33 CFR
:art 1S3. suooan S. ana 40 CFR pan 302.
respectively. Notification snail be meoe
10 the NRC Dutv Officer. HQ USCC.
WdSAington. DC telepaone toOOl 424-
aaOZ or U02I 2fi7-£fi7S. All nouces of
tiiscfiaraes or releases received at the
.\RC will be reiayed immeaiateiv by
•rtennone to tne OSC
: 300.130
seems i
j| in accordance with OVA and
•-ERCLA. the Administrator of EPA or
:.ie Secretary of the Department m
.vmcn the USCC is operating, as
upproonate. is authorized to aa for the
United States to take response measures
deemed necessary TO protect the puolic
health or welfare or envuonment from
discharges of oil or releases of
hazardous suostances. pollutants, or
contaminants except with respect to
suca release* on or from vessels or
facilities unoer the jurisdiction, custody.
or control of other federal agencies.
(b) The Administrator of EPA or the
Secretary of the Department in which
'he USCC is ooerating. as appropnate. is
.luthonted to mitiste appropnate
•esoonse activities wnen the
\dministrater or Secretary determines
nac
111 Anv oil is discharged from any
i esaei or offshore or onanore facility
into or upon the navigable waters of me
United Slates, aaiouung ehorehnes. or
.mo or upon the water* of the
contiguous zone, or m conaeetion with
activities under the Outer Cantmeami
Shelf Lanas Act or the Oeepwater Part
Act of 1974. or which nay affect nature!
resources belonging to. appertaining to,
or under exclusive management
authority of the United States:
(2) Any hazardous siihetanre a
i eleased or mere is a threat of such a
release into the environment, or there is
u release or threat of release into the
environment of any pollutant or
contaminant wtuefa may present an
imminent •*"* •••*••'•••"* danger u **M>
public health or welfare: or
(3) A manae diaaanv in or eooa the
navigable waters of die United States
has created a nnstannai threat of a
pollution naxara to tne ouolie health or
^eiiare oecause of a oiscnaree or
release, or an imminent oucaaree or
release, irom a vessel ot larae quantities
of oil or nazaraous suostances
jesienatea oursusni to section
mfblUNAl of the CWA.
(c) Whenever tnere is sucn s marine
disaster, the Administrator of EPA or
Secretary ot the Department in wnich
the USCC is opera une mav:
(1) Coordinate ana airect all puoiic
ana private efforts to aoate the threae
and
(2} Summaniv remove and. if
necessary, destroy tne vessel by
whatever means are available wunoui
regard to any provisions of law
governing the emoioyment of personnel
or the expenditure of appropriated
funds.
(d) In addition to any actions taken by
a state or local government, the
Administrator 01 EPA or tne Secretary of
the Oeoanment in wmch the USCC i»
•loerauna may reouesi me U-S. Attorney
C«oerai to secure toe reuef necessary to
abate a inreat if the Administrator or
Secretary determines:
(1) That there ta an imminent and
substantial threat to the puoiic health or
welfare or the environment because of
discharge of oil from any offshore or
onshore facility 1010 or upon the
navigable waters of the United States:
or
(Z) That there m •.;• j? an imminent
and substantial eodangerment to the
public health or welfare or the
environment because of a mease of a
hazaraoua suostance from e facility.
!e| Response acuoaa to remove
dischargee enameling from operations
vonauctad suoieci ta we Outer
Continental Shelf Lands Act shall be m
accordance with the NCP.
(fl Where appropriate, wnen a
discharge or release involves
radioecnve materials, the lead or
support federal agency shell act
consistent with the notification end
assistance procedures described in the
appropriate Federal Radiological Plan.
For the purpose of the NCP. the Federal
Radiological Emergency Response Plan
(FHERP1 (SO FR 40542. November 8.19851
is the appropriate plea.
(g| Removal eenona involving nucieer
weapons should be conducted in
accordance with the raint Department of
Defense. Department of Energy, and
Federal Emergency Management
Agency Agreement for Response to
Nuclear incidents end Nuclear Weaoons
Significant Incidents (January a, 1M11.
(h) If the situation u beyond the
capability of state end local
government* end the statutory authority
of federal agenaos. the President may.
jnaer the Disaster Relief Act of 1974. a=:
uoon a rvauest ov tne governor and
declare a marar disaster or emereencv
<>na appoint a Federal Cooromaiina
Officer (FCO1 to coordinate ail feoerai
disaster assistance activuies. in sucn
cases, me OSC/RPM wouid continue 10
carry out OSC/RPM resoonstoikiues
unoer the NCP. but wouid cooromaie
:hose activities wun tne FCO to ensure
consistency wun otner federal disaster
assistance activities.
.138 Re
(a) The OSC/RPM. consistent with
11 300.120 and 300.1=3. shall direct
response efforts ana coordinate ail oilier
effort* at the scene of s discharge or
release. As pan of the oiannina and
^preparation for response, the OSCs/
RPMs shall be predestinated bv the
regional or district head of the lead
aeenev. .
(b) The first federal official alTUlateu
with an NRT metnoer agency to arrive di
•.ie scene of a discnarse or reteaae
boouid coordinate acuviues unoer tne
NCP and is authorized to initiate, in
consultation with the OSC inv
necessary acnons normally earned out
by the OSC until the arrival of the
predesojnated OSC This affinal may
initiate federal Fund-financed actions
only as authorized by the OSC or. if the
OSC ia unavailable, the authorized
representative of the lead agency.
(c) The OSC/RPM snaiL to the extent
practicable, collect pertinent facta about
the discharge or release, sues aa iis
source and causa: the identification of
potentially resoonsiole oarnea: the
nature, amount, ana locanon of
diacnaraeo or reieasea materials: the
^rooable direction and ume of travel of
uiscnareeo or reieasea material*: me
pauiways to numan ana environmental
exposure: the ooienuai impact on numan
health, welfare, ana safety ana the
enwoaawnc the potential impact on
natural resources and property wnica
mev oe affected: priorities for protecting
human health ana welfare and the
environment: ana appropriate coat
documentation.
;dj The OSCs/RPM's effort* snail be
coordinated with otter appropriate
federal state, local ana private
response aaenaes. OSCs/RPMs may
aesionata canaoie persons from federaL
state, or local agencies to act aa tneir
on-scene representatives. Slate ana
local flovemments. however, are not
authonzeo to take acaona unoer
subparts 0 and E of the NCP that
involve expenoitures of CWA section
311(k) or CERCLA funos unieea an
approptiaoj conBvci or coopereove
aoraement has been establishes.
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sain
Federal Register / Vol. 55. No. -18 / Thursday. March 8. 1990 / Rules and Regulations
(e) The OSC/RPM should consult
regularly with the RRT u> carrying out
the NC? anc neop ihe RRT informed of
.-.cmmes und^r me NCP.
10 The OSC/RPM snail advise the
...npuri ssency as promptly as oosaiole
"I rcpcrtea releases.
(g) The OSC. RPM snail immediately
notify FEMA of situations potentially
requiring evacuation, temporary
housing, or permanent relocation. In
addition, the OSC/RPM shall 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 HHS
representative to the RRT. Throughout
response actions, the OSC/RPM may
cat! jpon the HHS representative for
assistance in determining public health
threats and call upon the Occupational
Sdfety and Health Administration
(OSHA) and HHS for aavice on worker
health and safety problems.
(i) Ail federal agencies should plan for
emergencies and develop procedures for
dealing with oil discharges and releases
cf hazardous substances, pollutants, or
containments from vessels and facilities
under their jurisdiction. All federal
agencies, therefore, are responsible for
designating ths office that coordinates
response to such incidents in
accordance with the NCP and applicable
federal regulations and guidelines.
(j) The OSC/RPM shall promptly
notify the trustees for natural resources
of discharges or releases that are
injuring or may injure natural resources
under their jurisdiction. The OSC or
RPM shall seek to coordinate all
response activities with the natural
resource trustees.
(k) Where Ihe OSC/RPM becomes
aware thai a discharge or release may
adversely affect any endangered or
threatened species, or result in
destruction or adverse modification of
the habitat of such species, the OSC/
RPM should consult with the DO! or
DOC(NOAA).
(1) The OSC/RPM is responsible for
addressing worker health and safety
concerns at a response scene, in
accordance with | 300.150.
(ml The OSC shall submit pollution
reports to the RRT and other
apprapnaie agencies as significant
developments occur during response
actions, through communication*
networks or procedures agreed to by the
RRT and covered in the RCP.
(n) OSCs/RPMs should ensure that all
apprapnaie public and private interests
are kept informed and that their
concerns are considered throughout a
response, to the extent practicable.
consisie.il with the requirements cf
J 300.135 of this part.
f 200.140 Multl-r»g:oru! response*.
fa) If a discnarge or release moves
f/om :ha ares covered bv one RCP or
OSC coniingen:;.- pian mm anotner area.
the authority for response actions
should likewise shift. If a discharge or
release affects areas covered by two or
more RCPs. the response mechanisms of
both may be activated. In this case.
response actions of all regions
concerned shall be fully coordinated cs
detailed In the RCPs.
(b) There shall be only one OSC and/
or RPM al any tune 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.
{300.145 Special team and otter
awlatane* available to OSCa/RPUo.
(a) Strike Teams, collectively known
as the National Strike Force (NSF). are
established by the USCG on the Pacific
coast and Gulf coast (covering the
Atlantic and Gulf coast regions), to
provide assistance to the OSC/RPM.
(1) Strike Team* can provide
communications support, advice, and
assistance for oil and hazardous
substances removal. These teams also
have knowledge of shipboard damage
control, are equipped with specialized
containment and removal equipment
and have rapid transportation available.
When possible, the Strike Teams will
provide training for emergency task
forces to support OSCs/RPMs and assist
in the development of RCPs and OSC
contingency plans.
(2} The OSC/RPM may request
assistance from Ihe Strike Teams.
Requests for a team may be made
directly to the Commanding Officer of
the appropriate team, the USCG member
of the RRT. the appropriate USCG Area
Commander, cr the Comr.anoant of the
USCG throuan ths NRC.
(6) Each USCG CSC r.anases
emergency -esk forces :ra:neo to
evaluate, tr.omtor ar.o supervise
pollution resnonses. Aoil;::or.aiiy. ttu'v
have limned "initial aid" response
capability to deploy equipment prior to
ihe arrival of a cleanup contractor or
other response personnel.
(cjr.1) The Environmental Response
Team (ERT] ts 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: nsk
("assessment: multimedia sampling and
analysis program: on-stte safety.
including development and
implementation plans: cleanup
techniques and priorities: water supply
decontamination and protection:
application of dijpersanta;
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.
(d) Scientific support coordinators
(SSCs) are available, al the request of
OSCs/RPMs. to assist with actual or
potential responses to discharges of oil
or releases of hazardous substances.
pollutants, or contaminants. The SSC
will also provide scientific suppor. for
the development of RCPs and OSC
contingency plans. Generally. SSCs are
provided by NOAA in coastal and
marine areas, and by EPA in inland
regions. In the case of NOAA. SSCs may
be supported in the field by a team
providing, as necessary, expertise in
chemistry, trajectory modeling, natural
resources at nsk. and data management.
(1) During a response, the SSC serves
under the direction of the OSC/RPM
and is responsible for providing
scientific support for operational
decisions and for coordinating on-»cene
scientific activity. Depending on the
nature of Ihe incident the SSC can be
expected lo prov.de certain specialized
scientific skills and lo work with
governmental agencies, universities
community representatives, and
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FederaJ Register / Vol. 55. No 46 / Thursday. March 8. 1990 / Rules and Regulation* 8831
.idustry to compi e mformaiiun thai
• cule assist the OSC/RPM in assesvna
•*IP hazaras and potential efT^t's of
•-ischaraas and releases and in
-fveicoing response strategies
:| II reauesiea b> the OSC/RPM the
5SC wiii serve as me principal usiaon
for scientific information and will
facilitate communications to and from
the scientific community on response
issues. The 5SC. in this role. will strive
for a consensus on scientific issues
surrounding the response but will also
ensure that any differing opinions within
the community are communica'.cd to the
OSC/RPM.
(3) The SSC will assist the OSC/RPM
in responding to requests for assistance
from state and federal agencies
regarding scientific studies and
environmental assessments. Details on
access to scientific support snail be
included in the RCPs.
(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 arc taken.
Manne salvage operations generally fall
into five categories: Afloat salvage:
uffsRore salvage: nver and harbor
clearance: cargo salvage: and rescue
lowing. 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 Assistance Teams
(RATs) have been established by EPA's
Office of Radiation Programs (ORP) to
provide response and support for
incidents or sites containing radiological
h.rizards. Expertise is available in
radiation monitoring, radionudide
analysis, radiation health physics, and
risk assessment Radiological
Assistance Teams 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 to the Radiological
Response Coordinator in the EPA Office
uf Radiation Programs. Assistance is
also available from the Department of
Energy and other federal agencies.
IgJ The L'SCC Public information
Assist Team (PLAT) is available to
OSCs 'RPMs and regional or district
offices to meet the demands for public
.-.formation ana oarticinstion. Its use is
enr.o'jraaeo any time ine OSC/RPM
icquires outsiae puouc affairs support.
Requests for the PLAT may be made
through the NRC.
{300.150 Worker health and safety.
(a) Response actions under the NCP
w.ll comply with the provisions for
response action worker safety and
health in 29 CFR 1910.120.
(b) In a response action taken by a
responsible parry, 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 t
site.
{<-.) In a response taken under the NCP
by a lead agency, airoccupanonal safety
and health program should be made
available for the protection of workers
at the response site, consistent with, and
«o the extent required by. 29 CFR
1910.13). Contracts relating to a
response action under the NCP should
contain assurances that the contractor
at the response si'e will comply with
this program and with any applicable
prov isions of the OSH Act and state
OSH laws.
(dj When a stale, or political
subdivision of a slate, without an
OSHA-approved state plan is the lead
agencv for response the state or
political subdivision must comply with
standards in 40 CFR part 311.
promulgated by EPA pursuant to section
(f) Requirements, standards, and
regulations of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 051 et
seq.) (OSH Act) and of state laws with
plans approved under section 18 of the
OSH Act (state OSH laws), not directly
referenced in p.tragraphs (a) through (d)
of this section, must be complied with
where applicable. Federal OSH Act
requirements include, among other
iiiuigs. Construction Standards (29 CFR
part 1928). General Industry Standards
(29 CFR pan 1910). and the general duty
requirement of section S(a)(l) of the
OSH Act (29 U.S.C 654(a)(l)). 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)(l)oflheOSHAct. All
governmental agencies and private
emoloyers are directly responsible for
the health and safety of their own
employers.
§300.155 P-jdllc Information and
community wationt.
,oi When an incident occurs, it is
imperative to give me public prompt.
.1-.curate informauon on the nature of
~e incident ana the actions unoerway
•o mitigate the damage. OSCs/RPMs
and community relations personnel
should ensure that all appropriate public
and pnvate interests are kept informed
and that their concerns are considered
throughout a response. They should
coordinate with available public affairs/
> (immunity relations resources to carry
out this responsibility.
(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.
(c) The community relations
requirements specified in {S 300.41S.
300.430. and 300.435 apply to removal.
remedial and enforcement actions and
are intended 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.
• 300.160 Documentation and eo«t
(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 pnvate
party costs incurred for response
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8832 Federal Register / Vol. 55. No. 46 / Thursday. Marrh 8. 1990 / Rules and Regulations
actions and impacts and potential
impacts to the public health and welfare
and the environment. Where applicable.
documentation shall stale when the
NRC received notification of a relpjse of
a reportable quanuiy.
(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. In
addition. OSCa shall submit reports as
required under i 300.1B5.
(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 8 300.315.
(c) Response actions undertaken by
the participating agencies shall be
earned 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
| 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 authonty 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.
g no. its OSCi
(a) Within one year after completion
of removal activities at a maior
discharge of oil a n»|or release of a
hazardous substance, pollutant or
contaminant or when requested by the
RRT. the OSC/RPM shall submit to the
RRT a complete report on tne removal
opera uon and tne actions token. The
OSC/RPM shall at the same time send a
coay of the report to the Sec-ptorv of the
NRT. The RRT shall review the OSC
report and send to the N'RT a copy of the
OSC report with its comments or
recommendations within 30 days after
the RRT has received the OSC reoort.
(b) The OSC report shall record the
situation as it developed, the actions
taken, the resources committed, and the
problems encountered.
(c) The format for the OSC report
shall be as follows:
(1) Summary of Events—a
chronological narrative of all events.
including:
(i) The location of the hazardous
substance, pollutant, or contaminant
release or oil discharge, including, for oil
discharges, an indication of whether the
discharge was in connection with
activities regulated under the Outer
Continental Shelf Lands Act (OCSLA).
the Trans-Alaska Pipeline Authorization
Act. or the Deepwatcr Port Act:
(li) The cause of the discharge or
release:
(in) The initial situation:
(ivj Efforts to obtain response by
responsible parties:
(v) The organization of the response.
including state participation:
(vi) The resources committed:
(vii) Content and time of notice to
natural resource trustees relating injury
or possible intury to natural resource::
(vni) Federal or state trustee damage
assessment activities and efforts to
replace or restore damaged natural
resources:
(ix) Details of any threat abatement
action taken under CERCLA or under
section 311(c) or (d) of the CWA:
(x) Treatment/disposal/alternative
technology approaches pursued and
followed: and
(xi) Public information/community
relations activities.
(2) Effectiveness of removal actions
taken by:
(i) The responsible party(ies):
(ii) Slate and local forces:
(iii) Federal agencies and apecial
teams: and
(iv) Contractors, pnvate groups, and
volunteers, if applicable.
(3) Difficulties Encountered—A list of
items that affected the response, with
particular attention to issues of
intergovernmental coordination.
(4) Recommendations—OSC/RPM
recommendations, including at a
minimum:
(i) Means to prevent a recurrence of
the discharge or release:
(ii) Improvement of response actions:
and
(in) Any recommended changes in 'T
NCP. RCP. OSC contingency plan ana
us appropriate, plans developed under
section 303 of SARA jnd other loci!
emergency resaons- p.ans
5 300.170 Federal agency participation.
Federal agencies listed in 8 300175
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
rehabilitation, restoration, or
replacement of natural resources miured
or lost as a result of such discharge or
release as described in subpart C of t: is
I, part. The NRT and RRT organization.*!
structure, and the NCP. feueral region«l
contingency plans (RCPs). and OSC
contingency plans, described in
8 300.210. 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 8 300.175.
consistent with the agencies'
capabilities and authonties.
(b) In addition to their general
responsibilities, federal agencies khouli:
(1) Make necessary information
available to the Secretary cr the NRT.
RRTs. and OSCs/RPMs.
(2) Provide representatives 10 the NRT
and RRTs and otherwise assist RRTs
and OSCa. as necessary, in formulating
RCPs and OSC contingency plans
(3) Inform the NRT and RRTs.
consistent with national security
considerations, of changes in the
availability of resources that would
affect the operations implemented und*>r
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 or discharges
of oil from vessels under their
jurisdiction or control to the NRC.
} 300.175 Federal agencies: additional
reaponalMUOes and aaaiatance.
(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 (h:
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations 8833
of this section. caasisie.-.t wiih acer.i-.
legal authorities ana capabilities
(b) The federal agencies include.
(1) The Untied Slates Coast Guard
,'L'SCC). as prat iced in 14 U.S.C. 1-i. i-,
an agency in ir.e Department of
Transportation (DOT), except when
operating as an agency in the United
Slates Navy in time of war. The USCG
provides the NRT vice chair, co-chairs
for the standing RRTs. and
predesignated OSCa for the coastal
zone, as described in S 300.120(a)(l). The
USCC 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 USCC 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 USCC may enter
into a contract or cooperative agreement
with the appropriate state in order to
implement a response action.
(2) The Environmental Protection
Agency (EPA) chairs the NRT and co-
chairs, with the USCG. the standing
RRTs: provides predesignated OSCs for
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 environmental
effects of oil discharges or releases of
hazardous substances, pollutants, or
contaminants, and environmental
pollution control techniques. 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) The Federal Emergency
Management Agency (FEMA) provides
guidance, policy and program advice.
and technical assistance in hazardous
materials and radiological emergency
preparedness activities (planning,
training, and exercising). In a response.
FEMA provides advice and assistance
to the lead agency on coordinating
relocation assistance and mitigation
efforts with other federal agencies, state
and local governments, and the private
sector. FEMA may enter into a contract
or cooperative agreement with the
appropriate state or political subdivision
in order to implement relocation
assistance in a response. In the event of
a hazardous materials incident ai a
maior disaster or emergency declared by
the President, the lead agency shall
coordinate hazardous materials
response with the Federal Coordinating
Officer (FCO) apoomted by tn?
President
(4) The Department of Defens.- (DOD)
has responsibility to take all a tion
r.pcessarv wun respect to rd'cises
where euner me release is on. or the
sole source of the release is from, any
facility or vessel under the jurisdiction.
custody, or control of DOD. DOD may
also, consistent with its operational
requirements and upon request of the
OSC provide locally deployed United
States Navy 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 obstruction, 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 United States Navy (USN) is
the federal agency most knowledgeable
and expenenced in ship salvage.
shipboard damage control and diving.
The USN has an extensive array of
•penalized equipment and personnel
available for use in these areas as well
as specialized containment collection.
and removal equipment spccificali)
designed for salvage-related and open-
sea pollution incidents.
(S) The Department of Energy (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
Federal Radiological Emergency
Response Plan (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 Coordinating Office.
(6) The Department of Agriculture
fUSDA) has scientific and technical
capability to rr.iasure. evaiiMie. i.r.e!
monitor, eiuicr on me ground or u> us*.
of aircraft, situations where natural
resources including scil. water ' Jlifc
ana xegtetaucn have oeen .rr.pa ,ii.d .>
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
designs ti 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 a.:
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 eiiects
of pollutants on soil and their
movements over and through soils
Technical specialists can assist in
identifying potential hazardous waste
sites and provide review 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 worics with otner
federal and state agencies to estabhsn
acceptability for slaughter of exposed 01
potentially exposed animals jnd their
products. In addition they are charged
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8834
Federal Reaater / Vol. 55. No. 46 / Thuraoav. Marcn 8. 1990 / Rules ana Rcsuiauons
i manaame the Fedeni Radiological
rgency Response Program wr tr.e
_.JA.
i") Tlie Deoanment of Commerce
.DOC1. ihrouan NO A A. provioes
*cienufic suopon lor response and
contingency planning in coastal ano
T.anne areas, inciuoma assessments of
ine nazaros that mav oe involved.
predictions 01 movement ana disoenion
of oil ind hazaraoui suostanees througn
traieciorv moaeung. ana infannauon on
me sensmvirv of coastal environments
;o oil ana naiarooui «uostances:
provioes expernse on living manne
resources ana their naoitats. including
endanaereo species, manne mammais
and National Manne Sanctuary
ecosvitems: provioes information on
actual ana predicted meteorological.
hyoroioaicai. ice. ana oceanoarapnic
joncuuons for manne. coastal, ana
.niana waters, ano.uoe ana circulation
:ata for coastal ana territorial waters
.no tcr tne Great Lakes.
;8) The Oeoanment of Health ana
i luman Services iKHSl is responsiole
for providir.a assistance on matters
related to the assessment of health
hazards at a response, and protection of
both response women and the puoiic's
health. HHS is delegated authorities
Her section I04(b) of CERCLA relating
deteraunauon that illness, disease.
.. complaints tAereof may oe
attributable to exposure to a hazardous
substance, pollutant, or contaminant.
HHS programs and services may be
earned out threugn grants, conn-acts, or
cooperative agreements. The basic
researcn programs snail be cooreinateo
with the Suoerruno researcn.
jemonsiration. ana aeveiooment
srogram conauctea by EPA ana OOD
:hrousn tne mecnamsms provioed for in
CERCLA. Agenaes within HHS have
relevant responsioilities. capaouities.
and expertise as follows:
(i) The Agencv for Toxic Substances
and Disease Registry (ATSDR). unaer
seenon I04(i) of CERCLA. is required to:
Establish appropnate diaeaae/ezpearini
renames: provide meoicai eara and
testing of exposed individuals in ease*
of public heaith emergencies: develop.
maintain, and provide mformauon on
health effects of toxic substance*
maintain a list of areas resoicted or
closed because of toxic substances
contamination: conduct research to
determine reiauonsaips between
exposure to toxic suostucn and
illness: conduct health assessments at
all NFL sites: conduct a heaith
-saeasment in response to a petition or
mnde a written explanation why an
.Mcesment will not be conducted!
together with EPA. identify the most
-.azaroous suostances reiated to
CERCLA sues: togetner witn EPA.
aeveioo guidelines tor toxicoiogicai
profiles tor nazaroous suosiances:
aeveioo a toxicoioaicai orotiie for ail
suca sucstances: ana develop
eaucauonai maienaia reiatea to heaun
itfects of toxic suostances for neaiui
professionals.
;u] The National Institutes for
Environmental Health Sciences (NIEHS1
:.as been given the resoonsiothties
unaer section 311(a| of CERCLA. to
conouct ana suppon programs of basic
researcn. development and
demonstration: ana to esiaolish short
course and continuing education
programs, and graduate or advanced
'.raining. In addition, section 125(g) of
SARA autnonzes NIEHS to administer
grants for training ana education of
woncers wno are or may be engaged in
scaviues related to Hazardous waste
•emovai. containment, or emergency
responses.
(9) The Department of the Intenor
I'DOIl mav oe contacted throuen
Regional Environmental Officers
(REOsl. wno are the designated
-emoers of RRTs. Department land
managen have lunsoicuon over the
nanonal park system, national wildlife
refuges and fish hatcnenea. the puolic
ianos. and certain water protects in
western states. In addition, bureaus and
offices nave relevant expertise as
follows:
(ij Fish and Wildlife Service:
Anaoromoua and certain outer fishes
ana wildlife, including enaangerea and
:.ireatened aoeaes. migratory oirds. ana
certain manne mammaia: we ten and
weiianoi: contaminants affecting
nabitat resources: ana laboraiorv
researcn facilities.
(ill Geological Survey: Geology.
hydrology (ground water and suriace
water), and natural hazares.
(ill) Bureau of Land Management:
Minerals, soils, vegetation, wildlife.
habitat archaeology, and wilderness:
and hazardoua meteneie.
(iv) Minerals Management Service:
Manned facilities for Outer Continental
Shelf (OCS1 oversight
(v) Bureau of Mines: Analysis and
identification of inorganic hazaraoua
substances and tecnnical expernse in
metals ana metallurgy relevant to site
cleanup.
(vi) Office of Surface Mining: Coal
mine wastes and land reclamation.
(vii) National Park Service: Biological
and general natural resources expert
personnel at pork units,
(vuil Bureau of Reclamation:
Operation and maintenance of water
zroiects in the West: enatneenr.a and
.-.yoroiogy: ana reservoirs.
(ix) Bureau of Indian A/fairs:
Coordination ot activities aiieciir.a
I.-.aian izr.cs: assistance in laentiivms
Inaian tnoai government officials.
(\) OfTice ot Temtonal Affairs:
Assistance in implementing in: NCP ir.
Amencan Samoa. Guam, 'jie Pacmc
Island Governments, me Nortnem
Manana Isianoj. ana the Virgin islands.
(10| The Department of justice tDOJ]
can provide exoen aovice on
comoiicatea legal questions ansmg from
discharges or releases, ana federal
agency responses, in addition, the DO!
represents the federal government.
including its agencies, in litigation
re^auna to aucn oiscnaraes or releases.
(Ill The Department of Laoor iDOLl.
throuan the Occupational Safety ana
Health Administration lOSHAI ana the
states ooeratma pians aoprobeo unaer
section IS of the Occuoationai Safeiv
ana Heaun Act at 1970 IOSH Ac:i. hss
authonty to conduct saietv ana neaun
inspections of hazardous waste sues to
assure tnat emoiovees are oemg
protecteo ana to determine if the sue is
in compliance with:
(i) Safety ana health standards and
regulations promulgated oy OSHA (or
the states) in accordance wun section
128 of SARA ana all oiner appiicaole
standaroa: ana
(ii) Regulations promulgated under the
OSH Act and its general duty clause.
OSHA inspections may oe seif-
generaieo. consistent wun us program
operations ana obiectives. or mav oe
conoucteo in response to requests from
EPA or anotner ieao aaencv. OSHA mav
aiso conduct inspection* in resoonse to
accidents or employee comoiaims.
OSHA mav aiso conouct inspections at
hazaraous waste sues in tnose states
with approvea plans mat cnoose not to
exerose tneir tunsoicnon to insoect
such sues. On request. OSHA will
provide aovice ana assistance to EPA
and other NRT/RRT agencies as weil as
to the OSC/RPM regarding Hazards to
persons engaged in response activities.
Technical assistance mav include
review of site safety pians ana work
practices, assistance with exposure
monitonng. and help with other
compliance questions. OSHA may aiso
take any other action necessary to
assure that employees are propeny
protected at sucn response activities.
Any questions about occupational
safety and health at tnese sues snouid
be referrea to the OSHA Regional
Office.
(12) The Department of
Transportation (DOT) provides response
expertise pertaining to transportation of
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Federal Regular / Vol. 55. No. 46 / Thuraaav. Maren 8. 1990 / Rules ana Regulations 8835
•ii or nazaraoua suostances ov sii
•noaes of transportation. Througn (he
Researca ana Soeciai Programs
\3fflinutrauoa iRSPAI. DOT offers
irperuse in me reouirements for
:acxdung. handing, ana tnasoarting
•eguiaiea nazaraaus materials.
1131 The Department of Slate (DOS!
.viii leao, us tne aeveiopment of
.ntemauonai loini contingency pians. it
viil aijo nelo to cooroinate aa
.-.ternaoonai resoonse wn«n discharges
•if reieaaea cnaa internaoonal
2ounoanes or involve foreign flag
teaseis. Additionally. DOS will
coonunate reoueata for assistance from
foreign govemmenia and U.S. proposals
for conoucung reseerca at incidents tnat
occur in waiera of other countnea.
;i4) The Nuclear Regulatory
Commuaioo wiil reapoaa aa
loprcpnate. to reieaaea of raoioacuve
•natenau bv ita licensees, in accoraance
vun the NRCL-.aaem Response Plan
\UREG-orz8l to monitor tne actions 01
•r.ose licensees ana assure that the
puolic health ana environment are
protected ana adequate recovery
operations are instituted, The Nuclear
Regulatory Commission will keep EPA
ifxformeo of any significant actual or
potenual reieaaea in accordance with
proceoural 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 when the Nuclear
Regulatory Commission has licensing
authority for activities utilizing
raoioacnve materials.
IIS) The National Resoonae Center
N'RCl located at USCC Headquarters.
9 the national communications center.
ontmuousiv manneo for hanoling
activities related to response acuons.
The NRC acu as the single federal point
of contact for all pollution modem
reporting and aa the NRT
rommunicauons center. These response
acuons include: Oil and hazardous
substances, radiological, biological.
cuologicai. surety materials, mmunons.
«nd fuels. Notice of discharges must be
made teiepnomcally through a toU free
number or a special local Dumber
(Telecommunication Device for the Deaf
(TDD1 and collect caila accepted.) The
telephone repon is distributed to any
interested NRT memoer agenev or
federal entity that has established a
written agreement or understanding
with the NRC Each telephone notice »
magnetically voice recorded and
manually entered into an on-line
computer data base. The NRC tracka
medium, maior. and potential, maior
suilla ana provides incident summaries
:a ail .VRT .T.emoers ana otner tnierestea
parties. The NRC evaluates incoming
information ana immeaiateiv aavises
FEMA 01 a ootennai maior disaster or
evacuations situation. The NRC
zrovtaes faculties tor tne NRT to use in
coorainauflg a national resoonae action.
wnen required: assists in arrangements
for regular as weil as loeoai NRT
meetings ana maintains information on
the tune ana place of sues meetings: ana
sends representatives to RRT meetings
aa appropriate. The NRC is available to
aaaiat ail NRT agencies as neeoeo.
} 900.110 Slate ana
(a) Each state governor is requested to
designate one state office/
representative to represent the state on
the appropriate RRT. The state s office/l
representative may participate fully in
all activities of the appropriate RRT.
Each state governor is aiao requested to
designate a ieaa state agency that wiU
airect state-leao response ooerauons.
This agency is resoonsioie for
designating the OSC/RPM for state-lead
response actions, designating SACa for
federal-lead response actions, and
coordinating/communicating with any
other state agencies, aa appropriate.
Local governments are invited to
paraapata in activities oo the
appropriate RRT as may be provided by
state law or arranged by the state's
representative. Indian tribes wishing to
paraapata should assign one person or
office to represent the tnbal govemmeat
oa the appropriate RRT.
(b) la addition to aaeeuaa the
requiremeata for local emergency plans
under SARA section 303. state aad local
govemmeat agencies are encouragea to
:r.auae contingency planning for
response*, conaiateat with the NCP and
the RCP. in ail emergency ana disaster
planning.
(c) For facilities not addressed uaaer
CERCLA. states are cacouregea to
undertake response actions themaeives
or to use their euthonnee u compel
potentially responsible paraes to
undertake response actions.
(d) Stales are encouraged to eater into
cooperative agreements pursuant to
secnon 104
are exnectea to initiate ouolic saietv
measures tnsi are necessary 10 oratect
puoiic health ana welfare ana that are
consistent witn containment sno
cleanup requirements in the NCP. ana
are resoonsible for directing evacuauons
pursuant to existing state or local
procedures.
1M Ne
5
(a) Industry groups, academic
organizations, ana others an
encouraged to commit resources for
response openuona. Specific
commitments should be listed IB the
RCP and OSC contingency plans.
(b) The technical and scientific
informauon generated by the local
community, along with information from
federal state, ana local governments.
should be used to assist the OSC/RPM
in devising resoonse strategies wnere
effective standard techniques are
unavailable. The SSC mav act as iiiison
between the OSC/RPM and suca
interested organizations.
(c) OSC contingency plan* shall
establish proceaurea to allow for weil
organized, worthwhile, and safe use of
volunteers, mrliiriing compliance with
f MOLttO regarding worker heal
safety. OSC contingency plans should
provide for the direcaoo of volunteers
by the OSC/RPM or by other federal.
state, or local officials kaowiedeeaoie in
contingency operations aad capaoie of
providing leaoersntp. OSC contingency
plena also snouid identify specific areas
in wnich volunteers can be used, suca aa
beach surveillance, logistical support.
aad biro ana wildlife treatment. Unless
specifically requested by the OSC/RPM.
volunteers generally snouid not oe usea
for pnvsical removal or remedial
activities, if. in the luogmem of the
OSC/RPM. dangerous conditions exist.
volunteers snail be restricted from on-
scene operations.
(d) Nongovernmental paructpauon
moat be IB compiiaace with the
reouireraenta of subpan H of this pan i
aay recovery of costs will be souent.
land
This subpan summarizes emergency
prepareoness activities relating 10
diacaarges of oil and releases of
hazardous substances, pollutants, or
contaminants: describes the feoeraL
state, ana local planning structure:
provides tor three levels of federal
contingency plena: and crosa-feferenuni
Mate and local emergency prepareanes*
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8836 Federal Register / Vol. 55. No. 46 / Thursday. March 6. 1930 / Rules and Regulations
activities under SARA Tide 111. also
known as the ' Emergency Planning and
Community Right-to-Know Act of 1986"
but referred to herein as "Tide 111."
Reauiations ir-.olementing Title III arc
coai:lrd si 40 CFR subchapier |.
$ 300.205 Planning and coordination
structure.
(a) National. As described in
S 300.110. the NRT is responsible for
national planning and coordination.
(b) Regional. As described in
S 300.115. the RRTs are responsible for
regional planning and coordination.
(c) State. As provided by sections 301
and 303 of SARA, the state emergency
response commission (SERC] of each
slate, appointed by the Governor, is to
designate emergency planning distncts.
appoint local emergency planning
committees (LEPCs). supervise and
coordinate their activities, and review
local emergency response plans, which
are descnbed in i 300.215. The SERC
L!SO 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.
(d) Local. As provided by sections 301
and 303 of SARA, emergency planning
uistncts 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.
$ 300.210 Federal contingency ptanm.
There are three levels of federal
ronimaency plans: The National
Contingency Plan, regional contingency
plans (RCPs). and OSC contingency
plans. These plans are available for
msoection at EPA regional offices or
USCC 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 obiectives. authority.
and scope of the NCP are descnbed in
8J 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
Pacific, and the Caribbean to coordinate
timely, effective response by various
federal agencies and other organizations
to discharges of 01! or releases of
hazardous substances, pollutants, or
contaminants. RCPs shall, as
dopropnaie. include ir.for.T.ai.on on ail
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
coordinate with state emergency
response plans. OSC contingency plans.
which are descnbed in i 300.210(c). and
Title III local emergency response plans.
which are descnbed in { 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. t
(c|(l) OSC contingency plans. In order
to provide for a coordinated, effective
federal, state, and local response, each
OSC in consultation with the RRT. may
develop an OSC contingency plan for
response in the OSC area of
responsibility. OSC contingency plans
shall be developed in all areas in the
coastal zone, because OSCs in the
coastal zone have responsibility for
discharges and releases offshore, which
often exceed the jurisdiction and
capabilities of other responders.
Doundar.es for OSC contingency plans
shall coincide with those agreed upon
among EPA. USCC. DOE. and DOD.
subject to functions and authorities
delegated in Executive Order 12580. to
determine OSC areas of responsibility
and should be clearly indicated in the
RCP. funsdictional boundaries of local
emergency planning distncts established
by stales, descnbed in 8 300.205(c).
shall, as appropriate, be considered in
determining OSC areas of responsibility.
OSC areas of responsibility may include
several such local emergency planning
distncts. or parts of such distncts. In
developing the OSC contingency plan.
OSCs shall coordinate with SERCs and
LEPCs affected by the OSC area of
responsibility.
(2) The OSC contingency plan shall
provide for a well-coordinated response
that is integrated and compatible with
all appropr.ate response plans of state.
local, and other nonfederal entities, and
especially with Title 111 local emergency
response plans, descnbed in t 300.215.
or in the OSC area of responsibility. The
OSC contingency plan shall as
appropnate. identify the probable
locations of discharges or releases: the
available resources to respono to multi-
media incidents: where sucn resources
can be obtained: waste disposal
methods and facilities consistent with
locai and s:«-.;e oians developed under
the Solid V.V.sie Oisaosai Act. 42 U S C.
6901 et seq . ana a local structure for
responding to uischjrres or releases
f 3COJ1S Title III local emergency
response psans.
This section describes and cross-
references the regulations that
implement Title III of SARA. 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 SARA Title III and
review the plan once a year, or more
frequently as changed circumstances in
the community or at any subject facility
may require. Such Title III local
emergency response plans should be
closely coordinated with applicable
federal OSC contingency plans and
state emergency response plans.
(b) A facility, as defined in 40 CFR
part 355. is subject to emergency
planning requirements if an extremely
hazardous substance, as defined in 40
CFR pan 355.1's present at the facility in
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Federal Register / VoL 55. No. 4h / Thursday. March 8. 1990 / Rules and Regulations
88C7
release, as defined in 40 CFR part 355. of
extremely hazardous substances:
{3) Designation of a community
emergency coordinator and a facility
emergency coordinator for each facility
subject to Title III emergency planning
requirements, who will make
determinations necessary to implement
the emergency response plan:
(4) Procedures providing reliable.
effective, and timely notification by the
facility emergency coordinators and the
community emergency coordinator to
persons designated in the emergency
response plan, and to the public, that a
release has occurred:
(S) Methods for determining the
occurrence of a release and the area or
population likely to be affected by such
a release:
(6) A description of emergency
equipment and facilities in the
community and at each facility in the
community subject to Title III
emergency planning requirements.
including an identification of the
persons responsible for such equipment
and facilities:
(7) Evacuation plans, including
provisions for precautionary evacuation
and alternative traffic routes:
(8) Training programs, including
schedules for training of local
emergency response and medical
personnel: and
(9) Methods and schedules for
exercising the emergency response plan.
(d) In accordance with section 303 of
SARA, the SERC of each state is to
review the emergency response plan
developed by the LEPC of each
emergency planning district and make
recommendations to the LEPC on
revisions that may be necessary to
ensure coordination of the plan with
emergency response plans of other
emergency planning districts. RRTs may
review a local emergency response plan
at the request of the LEPC This request
should be made by the LEPC. through
the SERC and the state representative
on the RRT.
(e) Title III establishes reporting
requirements that provide useful
information in developing emergency
plans.
(1) Upon request from the LRTC.
facility owners or operators shall
provide promptly to such LEPC
information necessary for developing
and implementing the emergency
response plan.
(2) Facilities required to prepare or
have available a matenal safety data
sheet (MSOS) for a hazardous chemical.
as defined in 40 CFR part 370. under the
Occupational Safety and Health Act of
1970. 29 U.S.C. 651 et seq . and
regula'ions promulgated under that Act.
shall submit a MSDS for each hazardous
chemical or a list of hazardous
chemicals to the appropriate SERC.
LEPC and local fire department in
accordance with 40 CFR part 370.
(3) Facilities subject to the
requirements of paragraph (e)(2) of this
section shall also submit an inventory
form to the SERC LEPC and the local
fire department which contains an
estimate of the maximum amount of
hazardous chemicals present at the
facility during the preceding year, an
estimate of the average daily amount of
hazardous chemicals at the facility, and
the location of these hazardous
chemicals at the facility, in accordance
with 40 CFR part 370.
(4) Certain facilities with 10 or more
employees and which manufacture.
process, or use a toxic chemical, as
defined in 40 CFR part 372. in excess of
a statutonly prescribed quantity, shall
submit annual information on the
chemical and releases of the chemical
into the environment to EPA and the
state in accordance with 40 CFR part
372.
(f) Immediately after a release of an
extremely hazardous substance, or a
hazardous substance subject to the
notification requirements of CERCLA
section 103{a). the owner or operator of
a facility, as defined in 40 CFR part 355.
shall notify the community emergency
coordinator for the appropriate LEPC
and the appropriate SERC in accordance
with 40 CFR part 355. As soon as
practicable after such a release has
occurred, the facility owner or operator
shall provide a written follow-up
emergency notice, or notices, if more
information becomes available, setting
forth and updating the information
contained in the initial release
notification and including additional
information with respect to response
actions taken, health risks associated
with the release, and. where
appropriate, advice regarding medical
attention necessary for exposed
individuals. For releases of hazardous
substances subject to the notification
requirements of CERCLA section 10C(a).
immediate notification must also be
made to the N'RC. as provided in
9 300.403(b).
(g) Title III requires public access to
information submitted pursuant to its
reporting requirements. Each emergency
response plan. MSDS. inventory form.
toxic chemical release form, and follow-
up emergency release notification is to
be made available to the general public
during normal working hours at the
locanon(s) designated by the EPA
Administrator. Governor. SERC or
LEPC as appropriate.
9 30CL220 Related Tltia II! Issues.
Other related Title III requirements
are found in 40 CFR part 355.
Sutopart O—Operational Response
Phases for Oil Removal
§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 such
vessel or facdity in violation of section
311(b)(3) of the Clean Water Act.
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 receioi of a notification of
discharge, tne NRC shall promptly notify
the OSC The OSC shall proceed with
the following phases as outlined in the
RCP and OSC contingency plan.
S 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-sccnc
inspection. The OSC shall undertake
actions to:
(1) Evaluate the magnitude and
seventy of the discharge or threat to
public health cr welfare or the
environment:
(2) Assess the feasibility of removal:
(3) To the extent practicable, identify
potentially responsible parties: and
(4] Ensure that authority exists for
undertaking addilionnl response actions.
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0838
Federal Register / Vol. 55. No. 40 / Thursday. March 8. 1900 / Rules and Regulations
(c) The OSC. ir. consultation with
legal authorities when appropriate, shall
make a reasonable effort to have the
discharger voluntarily and promptly
perform removal actions. 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, '.he OSC shall, to
the extent practicable under the
circumstances, so advise the responsible
party. If the responsible party does not
take proper removal actions, or \s
unknown, or is otherwise unavailable.
the OSC shall, pursuant to section
311(c)(l) of the CWA. determine
whether authority for a federal response
exists, and. if so. take appropriate
response actions. Where practicable.
continuing efforts should be made to
encourage response by responsible
parties.
(d) If natural resources are or may be
injured by the discharge, the OSC shall
ensure that state and federal trustees of
affected natural resources are promptly
notified in order that the trustees may
initiate appropriate actions, including
those identified in subpart G. The OSC
shall seek to coordinate assessments,
evaluations, investigations, and
planning with state and federsi trustees.
S 30O310 Phase III—Containment.
countemteasures, cleanup, and disposal.
(a) Defensive actions shall begin as
soon as possible to prevent, minimize, or
mitigate threat(s) to 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 01!;
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; control of the water
discharged from upstream
impoundment: and the use of chemicals
and other materials in accordance with
subpart) of this part to restrain the
spread ot the oil and mitigate its effects.
(b) As appropriate, actions shall be
taken to recover 'Jin 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 hpnlth
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
and OSC contingency plan and any
applicable laws, regulations, or
requirements.
5 300.315 Phase IV—Documentation and
cost recovery.
(a) Documentation shall be collected
and maintained to support all actions
taken under the CWA and to form the
basis for cost recovery. Whenever
practicable, documentation shall be
sufficient to prove the source and
circumstances of the incident, the
responsible party or parties, and impact
and potential impacts to public health
and welfare and the environment. When
appropriate, documentation shall also
be collected for scientific understanding
of the environment and for the research
and development of improved response
methods and technology. Damages to
private citizens, including loss of
earnings, are not addressed by the NCP.
Evidentiary and cost documentation
procedures are specified in the USCG
Marine Safety Manual (Commandant
Instruction Ml6000.ll) and further
provisions are contained in 33 CFR part
153.
(b) OSCs shall submit OSC reports to
the RRT as required by I 300.165.
(c) OSCs shall ensure the necessary
collection and safeguarding of
information, samples, and reports.
Samples and information shall be
gathered expeditiousiy dunng the
response to ensure an accurate record of
the impacts incurred. Documentation
matenals 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 that con assist the
trustees in the determination of actual or
potential natural resource injuries.
(d) Information and reports obuineu
by the EPA or USCG OSC shail be
transmitted to the appropriate offices
responsible for follow-up actions.
§ 300.320 General pattern of rwponse.
(a) When the OSC receives a report of
a discharge, actions normally should be
taken in the following sequence:
(1) When the reported discharge is sn
actual or potential major discharge.
immediately notify the RRT. :nuljd:r,K
the affected state, if appropriate, and the
NRC.
(2) 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.
(3) Officially classify the size of the
discharge and determine the course of
action to be followed.
(4) Determine whether a discharger or
other person is properly carrying out
removal. Removal is being done
properly when:
(i) The cleanup is fully sufficient to
minimize or mitigate threat(s) to public
health and welfare and the environmcr.
Removal efforts are improper to the
extent that federal efforts are necessary
to minimize further or mitigate those
threats; and
(li) The removal efforts are in
accordance with applicable regulations,
including the NCP.
(5) Determine whether a state or
political subdivision thereof has the
capability to carry out response actions
and whether a contract or cooperative
agreement has been established with the
appropriate fund administrator for this
purpose.
(6) Notify the trustees of affected
natural resources in accordance with the
applicable RCP.
(b) The preliminary inquiry will
probably show that the situation falls
into one of four categories. These
categories and the appropriate response
to each are outlined below:
(1) If the investigation shows that no
discharge occurred, or it shows a minor
discharge with no removal action
required, the case may be closed for
response purposes.
(2) If the investigation shows a minor
discharge wiih the responsible party
taking proper removal action, contact
shall be established with the party. The
removal action shail. whenever possibit
be monitored to ensure continued proper
action.
(3) If the investigation shows a minor
discharge with improper removal action
being taken, the following measures
shall be taken:
(i) An immediate effort shall, as
appropriate, be made to stop further
pollution and remove pas: and ongoing
contamination.
(ii) The responsible party shall be
advised of what action will be
considered appropriate.
(iii) If the responsible party does not
properly respond, the party shail be
notified of potential liability for federal
response performed under the CWA.
This liability includes all costs of
removal and may include the costs of
assessing and restoring, rehabilitating.
replacing, or acquiring the equivalent of
damaged natural resources, and other
actual or necessary costs of a federal
response.
(iv) The OSC shall notify appropriate
state and local officials, keep the RRT
advised, and initiate Phase III
operations, as described m § 300.310. as
conditions warrant.
(v) Information shall be collected fur
possible recovery of response costs in
accordance with § 300.315.
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Federal Resoswr ' Vol. ;3. No.
'•tarcn 8. 1S90 / Rules ana Reauiattons
3839
'; j When tnt investigation mows mat
a3 actual or ooientiai medium or maior
::i discnarge exists, ine OSC snail
follow tr.e same general oroceaures as
•"or i m:nor oiscnarge. if appropriate, t.-.e
OSC sr.au recommend acuvauon of the
SKT.
: 300130 Wildlife canMrvatMn.
The Deosrnneni of the Interior.
Department oi Commerce, ana state
representatives to tnt RRT shall arrange
for the coordination of oroiessionii ana
volunteer groucs permitted ana trainee
to parneoate in wuoiife dispersal.
collection, cleaning, renabuitauon, and
recovery activities, consistent with 16
L'.S.C. 703-712 and aooncaoie state
laws. The RCP ana OSC contingency
pians snaii. to tne extent oracncabie.
identify organizations or institutions
that are permuted to participate in sucn
jcuvmes ana operate sucn facilities.
Wildlife conservation activities wul
-.armativ oe mciuaeo in Phase ill
response actions, ocscnoeo in i 300.310.
: 300J3S Funom*.
,'a I If the person responsible for the
ciscnarae aoes not ac: promptly or take
proper removal acuons. or if the person
responsible for tnt discharge is
unknown, federal discharge removal
acuons may begin unaer section
311(c)(l) of the CWA. The discharcer. tf
known, is liable for costs of federal
removal in accordarc: with section
311(0 of the CWA ana other federal
laws.
ib| Acuons undertaken by the
participating agencies in response to
pollution snail be earned out unaer
existing programs ana authorities wnen
•waiiabie. Federal agencies wul mane
•esources available, exoeno funos. or
participate in response to oil discharges
under their existing authority. Authority
to expend resources will be in
accordance with agencies' basic statutes
and. if required, througn interagcncy
agreements. Where the OSC requests
asaisunce from a federal agency, that
agency may be reimbursed in
accordance with the provisions of 33,
CFR 153.407. Specific mterageocy
reimbursement agreements may be
signed when necessary to ensure that
the federal resources will be available
for a timely response to a discharge of
oil The ultimate decisions as to the
appropriateness of expending funds rest
with the agency that is neid accountable
for such expenditures.
(c) The OSC shall exercise sufficient
control over removal operations to be
able to certify that reunoursement from
the following foods is appropriate:
(1) The ou pollution fund.
'-SCO. ;hat has been estaolished
-ursuam to section 3lllkl of the C'.VA
or anv otner soul response tuna
jstaolisnea ov Congress. Regulations
governing tne aammistranon ano use of
r.e section Jllfk) funa are contamea in
33 CFR part 153.
(2) The tuna autnoniea bv the
Deeowaier Pen Act is aomimsterea by
the Commanaanu USCC. Governing
refutations are comaineo in 33 CFR pan
;37.
(3) The fund authorized by the Outer'
Continental Shelf Unas Act as
amended, is aominisierea by the
Commandant USCC. Governing
regulations are contained in 33 CFR
pans 135 and 138.
(4| The funa authorized by the Trans-
Alaska Pipeline Authorization Act is^
administered by a Board of Trustees ~
unaer tne purview of the Secretary of
the Interior. Governing regulations are
contained in 43 CFR pan 29.
• d) Response acuons otner tnan
removal, sucn as scientific
investigations not in suppon of removal
actions or law enforcement, shall be
provided bv me agency with legai
responsibility for tnose specific acuons.
(e) The funding of a response to a
discharge from a federally operated or
supervised facility or vessel is the
responsibility of the operating or
supervising agency.
(fl The following agencies have funds
available for certain discharge removal
actions:
(1) EPA may provide funds to begin
timely discharge removal acuons wnen
the OSC is an EPA representative.
(2) The USCC pauuuon control efforts
-.-i funoed unaer 'operating expenses.'
These tunas are useo in accordance
••vim aaencv airecuves.
(3) The Department of Defense nas
•MO specific sources of funds that may
bat applicable to an oil discharge under
appropnate circumstances. This does
not consider military resources that
might be maoe available unaer specific
conditions.
(i) Funds required for removal of a
sunken vessel or similar Destruction of
navigation arc available to the Corns of
Engineers througn Civil Works
Appropriations. Operations and
Maintenance. General.
(U) The U.S. Navy may conduct
salvage operations contingent on
defense opera uonal commitments, when
funded by the requesting agency. Such
funding may be requested on a airect
cita basis.
(4) Pursuant to section 311(c)(2](H) of
tha CWA. the state or states affected by
a discharge of oil may act when
necessary to remove such discharge and
may. pursuant to 33 CFR pan 153. be
rstmburseo frsm me oil pollution fa"
for the reasonaoie costs incurred ir
a removal.
• i) Removal bv a state is necessary
•vitnin tne meaning oi section
;::icl<2|(Hl of the CWA wnen me OSC
determines mat tr.e owner or operstor of
:he vessel, onsnore faculty, or offshore
:;cility from wmcn me oiscnarae occurs
dots not effect removal property, or is
-njuiown. ana mat
(A) Slate acuon is required to
.-ninimtze or mitigate significant tnreatisl
to the puouc heaitA or welfare or tne
environment that federal acuon cannot
minimize or mitigate: or
(B) Removal or partial removal can ba
done ov tne state at a cosi that is less
than or not significantly greater than mo
cost that WOUIQ be incurred by tne
federal agencies.
(iil State removal actions must be in
:omonance witn the NCP in oraer to
qualify for reirr.oursement.
liii) State removal actions are
considered to oe Phase ill acuons.
descnoed in 5 300.310. unaer the same
definitions appucaoie to federal
agencies.
(iv) Actions taken by local
governments in suppon of federal
discharge removal operations an
considered to be acuons of the atate
purposes of this lecuon. The RCP at
OSC contingency plan shall show w.
tunas and resources are available from
participating agencies under vanous
conditions ana cost arrangements.
Interagcncv agreements may oe
necessary to soecify wnen
reimbursement is reoiurea.
13WUOO GMMraL
(a) This subpan establishes raetnods
and cr.tena for cetenr.tr.mg the
appropnate extent of response
authorized by CE3CLA.
(1) When mere is a release of a
hazardous suostance into the
environment: or
(2) When mere is a release into the
environment of any pollutant or
contaminant mat may present an
imminent and substanoai danger to the
public health or welfare.
(b) Limitations an resoonse. Unless
the lead agency determines that a
release constitutes a puouc health or
environmental emergency and no otner
person with the authonty and capaoility
to respond will do so in a timely
manner, a removal or remedial action
undar section 104 of CERCLA shall n
be undertaken in response to a rete«»,
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CS40 Federal Register / Vol. 55 No. 46 / Thursaav Marcn a 1S90 / Rules ana Regulations
II Of a naiu.*ailv occumna suostance
its unaiterea form, or altered loieiv
•ousn naturally occurring processes or
.nenomena. from a location wnere n is
r.aiurailv founo:
(2) From orooucu tnai are pan of the
structure 01. ana result in exoosure
witmn. resiaentiai ouiidinu or ousmess
or community structures: or
[31 Into puouc or pnvate onnkina
water suopues oue to aetenorauon of
the svstem tnrougn orainary use.
(cj Fund-fmancea action. In
determining me neea for ana in planning
or unoenaung Funo-financeo action, me
lead agency snail, to tne extent
practicaoie:
(II Engage in oromot resnonse:
(2) Proviae for state participation in
response actions, as aescnoea in
suopan F of this part:
(3) Conserve Funo monies by
encouraging private oanv resoonse:
(4| Be sensitive 10 locai community
concerns:
oi Consiaer using treatment
technologies:
(6) Invoive the Rcaianai Resoonse
Team IRRT1 in ooin removal anu
remeaial resoonse actions at
approonate decision-maxing stages:
(7) Encourage the involvement and
sharing of tecanoiogy by industry and
outer experts: ana
(8) Encourage tne involvement of
•ganirations to coordinate resoonsible
party actions, foster site response, and
provide technical advice to the puolic,
federal and state governments, and
maustrv
(d) Entry and access. II) For purposes
of determining the neea for response, or
cnoosine or taxing a resoonse action, or
otherwise enforcing uie provisions of
CERCLA. EPA. or tne aooropnate
feuerai aaencv. ana a state or political
suodivision operating pursuant to a
contract or cooperative agreement unoer
CERCLA section 104|d)(l|. has the
autnonty to enter any vessel, facility.
establishment or ouier place, property.
or location descnoed in paragrapn (d)(2)
of this section and conduct, complete.
operate, and maintain any response
actions authorized by CERCLA or these
regulations.
(2)(i) Under the authorities described
m paragrapn (d)(l) 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
lOKdld). may enter
(A) Any vessel facility.
establishment, or other piace or property
wnere any hazaraoua suostanca or
•joUutant or contaminant nay oe or has
IMB generated, stand, treated,
disposed of. or transported from:
'31 Anv vessel, facility, establishment.
or outer oiace or orooeny tram wnicn. cr
10 wnicn. a nazarocua suostance or
pollutant or contaminant nas oeen. or
mav nave oeen. reieasea or wnere sucn
release is or mav oe tnreateneo:
(C) Anv vessel, facility, estaolishment.
or other piace or oreoerry wnere entry is
necessarv to aetermme tne neea for
response or me aaproonate response or
to effectuate a resoonse action: or
(Dl Any vessel, facility, estaolishment.
or other piace. prooertv. or location
aaiacent to those vessels, facilities.
establishments, places, or praoerties
aescnoed in paragrapns (d)(2)(i)(A|. (B).
or (C) of this section.
(n) Once a aetermmation has been
made that there is a reasonaoie basis to
believe mat uiere nas oeen or mav oe a
release. EPA. or tne appropriate leoerai
agency, ana a state or political
suodivision operating pursuant to a
contract or cooperative agreement unoer
CERCLA section 1041 dill), is autnonzea
to enter an vessels, facilities.
estaolisnments. piaces. properties, or
locations specified in paragrapn (d)(2)ii)
of this section, at whicn tne reieaae is
beiieveo to be. ana 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.
'3J The lead agency may designate as
its representative soiely for the purpose
of access, among otners. one or more
potentially responsiole panics, including
representatives, employees, aaems. ana
contractors of such parties. EPA. or me
appropriate federal aeencv. mav
exercise me autnontv contameo in
section 1041 el of CERCLA to ootain
access for its oesianateo representative
A potentially resoonsiole parrv mav
only be oesignatea as a representative
of the lead agencv wnere mat
potentially responsible oany has aoreea
to eonauct resoonse activities pursuant
to an aominiatrauve oroer or consent
decree.
(4 )(l) If consent is not granted under
the authorities oescnoeo in paragraph
(d)(l) of this section, or if consent is
condiuoneo in any manner. EPA. or the
appropriate federal agency, may issue
an oraer pursuant to secuon 104(e|(S) of
CERCLA directing comolianca witn tne
request for access made under
S M0.400
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1930 / Rules and Regulations 8841
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 fg)(l) 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
appropnateness. 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 fallowing 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 appropnateness:
(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 vanances. 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 appropnate requirements.
the lead and support agencies may, as
appropnate. identify other advisories,
cntena, 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 may
be applicable or relevant and
appropnate. 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 § 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
denved.
(6) Notification of ARARs shall be
according to procedures and timeframes
specified in 5 300.515 (d)(2) and (h](2J.
(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
preauthonzed 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 parries.
(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 nghts 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.
} 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 slate 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 10S(d) of
CERCLA; and
(7) Other sources.
(b) Any person in charge of a vessel or
a facility shall report releases as
described in paragraph (a)(l) 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 (USCC)
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) AH other reports of releases
described under paragraph (a) of this
section, except releases reported under
paragraphs (a) (2) and (6) of this section,
shall, as appropnate, 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
matenal released: possible source of the
release: and date and rune of the
release. Reporting under paragraphs (b)
-------
0042
Federal Register i Vol. 55 No. 46 / Thursoav. Marcn 8 1990 / Rules ana Reauiauons
l of this section snail not be
eiavea oue to mcomoiete notification
iformation.
ie| Upon receiot of a notification of a
*eiease. me NRC snail cromouy notifv
t.-.e aooreonaie OSC The OSC snail
notify me Governor, or oesignee. of the
state affected bv tne release.
(0(1) When tne OSC is notified of a
release mat mav reouire response
pursuant to i 300.4lS(b). a removal sue
evaluation snail, as appropriate, oe
oramotiv unaenaxen pursuant to
§ 300.410.
12] Wnen notification indicates mat
removal action pursuant to i 300.4151 bI
is not reouireo. a remedial site
evaluation snail if appropriate, be
unaenaicen ov tne ieaa agencv pursuant
;o { 300.420. if one nas not aireaav oeen
ceriormea.
131 If raaioacttve suostances are
rresent in a release. Lie EPA
.laoioioeicai Response Cooramator
-louia oe notinea fcr evaluation ana
dssistcnce. consistent witn 15 300.1301 il
_na300.H5in.
Id Release notification maae to me
*.RC unaer tnis section apes not relieve
we owner/operator of a facility from
any obligations to wnich it is suotect
unaer SARA Title III or state law. in
particular it does not relieve the owner/
operator from tne requirements of
section 304 of SARA Title III and 40 CFR
pan 35S ana i 300.21S,' fl of this pan for
notifying tne community emergency
coorauiator for the appropriate local
emergency piannina committee of all
jffectea areas ana me state emergency
resoonse commission of anv state
effected that mere nas o««n a release.
Feaerai agencies are not legally
oougateo 10 comoiv witn the
reouirements of Title 111 of SARA.
s
(a+A cenoval site evaluation induaes
a removal preliminary assessment and.
if warranted, a removal sue inspection.
lb) A removal sue evaluation of a
reiease loenufied for possible CEXCLA
response pursuant to I 300.419 shall aa
appropriate, be undertaken by the lead
agency as promptly aa possible. The
lead agency may perform a removal
preliminary assessment in response to
petitions iuomitted by • person who is.
or mav be. affected by a release of a
hazaraous suostance. pollutant, or
contaminant pursuant to I 300.420(b)(5)
(c)(l) The Ieaa agency shalL as
appropriate, base tne 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 reiease or threat of release:
In) Evaluation ov ATSDR or ov otner
sources, tor examoie. state DUOIIC neaitn
aaencies. of the tnrest to puoiic neaitn.
'in) Evaluation of tne maamtuae 01 me
:.ireat:
|iv) Evaluation of factors necessarv :o
-naxe the oetemunauon 01 wnemer a
removal is necessarv: ana
(v| Determination of wnetner a
nonieaerai party is unoertaxing prooer
resoonse.
C) A removal preliminary assessment
of releases from nazaroous waste
management facilities mav tnciuoe
collection or review of data sucn as site
management practices, information from
generators, pnotograpns. anaivsis of
historical pnotograons. literature
searcnes. ana personal interviews
conouctea. as appropriate.
(d) A removal site insoection mav oe t.
penormed if more information is
neeoeo. Sucn inspection mav inciuoe a
penmeter u.e.. off-site) or on-site
..isoection. taxing into consiaeration
wnetner sucn inspection can DC
performed safeiv.
(e) A removal site evaluation snail be
termmatea Hhen tne OSC or ieaa
aaencv aetermines:
(1) There is no release:
12} The source is neither a vessel nor a
facility as aefined in i 300J of the NCP:
(3) The release involves neither a
hazaraous substance, nor a pollutant or
contaminant that may present an
imminent and substantial danger to
public health or welfare
(4) The release consists of a situation
specified in 5 300.4001 b)(l) throuan (31
subiect to limitations on response:
(5) The amount, ouantnv. or
concentration reieasea does not warrant
federal resoonse:
(6) A panv resoonsiote for tne reiease
or auv otner person, is provioina
approonate resoonse. ana on-scene
monitoring oy the government is not
required: or
(?) The removal site evaluation is
completed.
(0 The results of the removal sue
evaluation shall be documented.
(g) If natural resources are or may be
miured by the release, the OSC or ieaa
agency shall ensure that state and
federal trustees of the affected natural
resources are promptly notified in oraer
that the trustees may inmate
appropriate actions, including tnose
identified in suopan C of this pan. The
OSC or lead agency snail seek to
coordinate necessary assessments.
evaluations, investigations, and
planning with sucn state ana feaeral
trustees.
(h) If the removal aite evaluation
indicates that removal acoon unaer
S 300.412 is not requireo. but that
-emeoiai action unaer j 300 430 mav oe
r.ecessarv. tne ieaa aaencv mall, as
aopropnate. initiate a remeaiai sn»
evaluation pursuant to 5 300.420.
! 300.4is-_RemovaJaction.
(a)(iTfa determining tne aooropnate
extent of action to oe tanen in response
to a given release, tne leao agency sndii
first review tne removal .sue evaluation.
anv information proouceo throuan a
remeaiai site evaluation, if anv lias oeen
done previously, ana the current sue
conditions, to determine if removal
dcuon is appropriate.
(21 Where the responsible parties *re
known, an effort initially snail be maae.
to tne extent practicaote. to aetermme
whether they can ana wul penurm me
necessary removal action promptly anu
propenv.
(3) This section ooes not aopiv to
removal actions tanen oursuant to
section 104lbl of CE?.CL,A. Tr.e enter:..
for sucn actions are set:a.-•..-. .n sect.c.-
UMIblofCERCLA.
(bl(l| At anv reiease. recaroiess o-
wnemer tne sue is inciucca on tne
Nauonai Pnonties Ust. vvnere tne ieao
agency makes tne determination, oasea
on tne factors in paragrapn (bid of tn:»
section, that there is a threat to puoiic
health or welfare or the environment.
tne lead agency mav take anv
appropriate removal action to aoaie.
prevent, minimize, stabilize, mitigate, or
eliminate the release or tne tnreai of
release.
(21 The following factors snail be
consiaerea in determining me
appropriateness of a removal action
pursuant to mis section*
I.) Actual or potential exposure IP
nearov numan ooouiaticns animais r
me tooo cnam tram nazaroous
suosiances or pouutants or
contaminants:
(11) Actual or potential contamination
of dnnking water supplies or sensun-p
e cos vs terns:
(iii) Hazaraous substances or
pollutants or contaminants in drums.
barrels, tanks, or other oulk storage
containers, that may pose a threat of
release:
(iv) High leveis of hazaraous
substances or pollutants or
contaminants in soils largely at or near
the surface, that may migrate:
(v) Weather conoitions mat mav
cause hazaraous suastances or
pollutants or contaminants to miaraip r>-
be reieasea:
[vnl Threat of fire or exoiosion:
(vni) The availability of other
appropriate federal or state resoonse
mechanisms to respono to the release
and
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federal
Vol. 55. No. .46 / Thuraoav. Marcn B. 1990 / Rulea and Regulations 38-13
••-.ill Other situations or f«eton tnai
r.av oose threats to puoiie health or
.veiiarc or in* environment.
II U the lean aaency aeicrmiaes mat
i removal aeuon 11 appropriate, actions
:naiL as aDorasnate. begin as toon aa
;osnoie 10 aoaie. prevent, minicuze.
staotiize. mitigate, or eliminate the
-.ireat to ouonc health or welfare or tr.e
environment. The lead agency inaiL at
:ne eamest posstole time, aiao mane any
necessirv aetenmnanons pnrnant to
paraerann lbl(4) of this section.
t«) Whenever a planning penoo of at
least six montns exists before on-*ue
^cavities must oe initiated, and the lead
aaency determines, eased on a site
evaluation, mat a removal action is
appraonate:
'il The leaa aaencv mail conauct an
encineenr.9 svmuauon/cost anaivsis
EE/CA1 or us eouivsient. The EE/CA is
in aruivsu'o: removal alternatives tor a
-re.
in If environmental samples are to oe
.aiiecteo. uit ie*u aaencv snail devetoo
sampling ano anaivsia piana mat snail
provioc a process tor ooiauuna aata of
smficient ouautv ano quantity to sausfy
data necos. Sampling and analysis plans
snau be reviewea ana appravea by EPA.
The sampling and analysis plans snail
consist of two oarts:
(A) The field sampling pun. which
descnoes the numoer. type. antales unaer coooerative soreements.
.Ascnbea in suaoan F of this pan. snail
uomoiy wnn ail requirements of this
section.
(hi Fanhties ooerated by a state or
political auooivision at tne time at
aispasai reauire a state coat share of at
.east SO percent of Funo-financea
response costs if a Funa-financea
r-meaial action is conaucteo.
Ii) Fund-financea removal actions
unaer CERCLA section 10* and removal
acnotu pursuant to CSICLA seeaon 106
shall, to tne extent pracucani*
conaidenng xe exigencies of the
situation, attain appuuoie or relevant
ana appropnate requirements unaer
federal environmental or state
-nvironmeniai or faontv siting iswt.
•Vaivers oescnoeo in
; 300.430lt1(l||n)(Cl mav oe useu tor
•emovai scuons. Other teoerai ana state
dovisones. cntena. or gutoaace may. as
appropriate, be consioereo in
formula ung uie removal acuon I sec
3 3QUOO(g|(3)). In determining wnetner
compliance with AKARs u pracucaoie.
the lead agency may consider
appropriate factors, including:
(1) The urgency of the situation; an''
IZ) The scope of the removal acuo
be conducted.
(j) Removal actions pursuant to
section ion or I" of CERCLA are not
subiect to the following reouiremrnts of
this section:
111 Section 300.4lSlall2l reouirsment
•o locate resoonsiole oanies ana have
•tern unarnane me response;
CI Section 200.41Slta!l2l(viil
•equirem»nt to constaer tne availability
of outer sooroonate lederai or statu
response ana enioreement mechanisms
:o respona w tne release:
(31 Section J00.4lSfb)[5) reaoirement
-.3 termieate response after S2 million
has been ooliaated or 12 months have
eia'psed from the date oi the initial
response: and
(4) Section 300.41510 requirement to
Assure an oroerlv transition from
removal to remeaial action.
fk) To th« extent oncncable.
p.-3vision for post-removal site control
fallowing a F-ina-financra remomi
!cnon at bom NPL ana non-NPL sites is
cncoureaea la !>e rnaae onor to the
-motion of the removal acnon. Such
poet-removal me control includes
action* nen^sary to ensure tha
effectiveness and integrity of the
removal action after the eompieuon >•'
the on-site removal action or after t'
-niilion or 12-montn stantory Itmrta.
-"ecr.ea for sites mat do not meet the
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
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.
(1) OSCs/RPMs conducting removal
actions shall submit OSC reports to the
RRT as required by § 300.165.
(m) Community relations in removal
actions. (1) In the case of all removal
actions taken pursuant to § 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 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 § 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 § 300.820(b)(2):
and
(iii) Prepare a written response to
significant comments pursuant to
§ 300.820{b)(3).
(3) For 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 appropnate. 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
stations plan (CPU3) based on the
jommunity interviews and other
relevant information, specifying the
community relations activities that the
lead agency expects to undertake during
the response: and
(hi) 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 removal action is appropnate 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 (m)[3)(i). (ii). and (iii)
of this section, prior to the completion of
the engineering evaluation/cost analysis
(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 § 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 § 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 wntten response to
significant comments pursuant to
§ 300.820(a).
§ 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 m CERCLJS as
defined in § 300.5 to:
(i) Eliminate from further
consideration those sites that pose no
threat to public health or the
environment:
(nj Determine if there is any potential
need for removal action.
(iii) Set priorities for s:le inspections.
and
(iv) Gather existing data to facilitate
later evaluation of the release pursuant
to the Hazard Ranking System (MRS) 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 § 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 descnption of the release;
(ii) A description of the probable
nature of the release: and
(in) 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 the region in which
the release is located, except that
petitions for PAs involving federal
facilities should be addressed to the
head of the appropnate 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 descnption. 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:
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Federal Register / Vol. 55. No. 46 / Thursday. Marcn 8. 1990 / Rules and Regulations 8845
(B| The nature of activities (hat 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
agenrv 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
co.itamirunt: and
(E) Whether the release is eligible for
response under CERCLA.
(c) Remedial site inspection, (l) The
lead agency shall perform a remedial SI
as appropriate to:
(i) Eliminate from further
consideration those releases that cose
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 tne
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 Rl/
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 Geld
investigatory efforts, and sampling.
(31 If the remedial SI indicates thai
removal action may be appropriate, the
lead agency shall initiate removal site
evaluation pursuant to I 300.410.
(4) Prior to conducting field sampling
at pan of site inspection*, the lead
agency shall develop sampling and
analysis plan* that shall provide a
process for obtaining data of sufficient
quality and quantity to satisfy data
needs. The sampling and analysts 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 poucy.
organization, and functional activities.
and the data quality obiecuves and
measures necessary to achieve adequate
data for use in site evaluation and
hazard ranxmg system activities.
(5) Upon completion of a remedial SI.
the lead agency snail prepare a report
that includes the following:
(i) A descnption/history/naiure 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.
} 300.423 EsUbUsMnq remedial pnorWee.
(a) General. The purpose of th:s
section is to identify the criteria as well
as the methods and procedures EPA
uses to establish its priorities for
remedial actions.
[b] National Priorities LuL 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
I04(b)j 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 enforcenem 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 lll(e)(3) and lll(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 u
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
dnd Disease Registry has issued a healtt
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 10 use removal authority
to respond to the release.
(d) Procedures for placing sues on the
NPL. Lead agencies may submit
candidates to EPA by scoring the
release using the HRS and providing the
appropriate backup documentation.
(11 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 1
once a year.
(5) To ensure public involvement
during the proposal to add a release to
the NFL EPA shall:
(i) Publish the proposed rule in the
Federal Register and solicit comments
through a pub he 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 penod.
(6) Releases may be categorized on
the NPL when deemed appropriate by
EPA.
(e) Deletion from the NPL. Releases
may be deleted from or recategonzed on
the NPL where no further response is
appropriate.
(1) EPA shall consult with the state on
proposed deletions from the NPL pnor 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 panes or other
persons have implemented all
appropriate response actions requ<
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8846 Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
(ii) Ail appropriate Fund-Financed
response under CERCLA has been
implemented, and no further response
action by responsible parties is
appropriate: or
(m) 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.
(C) Releases shall nol 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) Ail 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 MRS.
(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 tiie Federal Register and solicit
comment through a public comment
period of a minimum of 30 calendar
days:
(ii) In a major local newspaper of
Teneral circulation ai or near me release
lat» proposed for deletion, publish a
iiotice of availability of the notice of
intent to delete-.
(iii) Place copies of information
supporting the proposed deletion in the
information repository, described in
§ 300.430(c)(2)(iii). at or near the release
proposed for deletion. These items shall
be available for public inspection and
copying: and
(ivj Respond to each significant
comment and any significant new data
submitted during the comment penod
and include this response document in
the final deletion package.
(S) 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.
9300.430 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
'-e following program goal
pectations. and program management
,,rinc:ples to assist in the identification
and implementation of appropriate
remedial actions.
(i) Program goaf 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.
(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 axe
determined not to be practicable, based
on the balancing of trade-ofls 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 irapiementability. 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
tuneframe 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 (Rl/FSj is
to assess site conditions and evaluate
alternatives to the extent necessary to
select a remedy. Developing and
conducting an Rl/FS generally includes
the following activities: project scoping.
data collection, risk assessment
treatability studies, and analysis of
alternatives. The scope and tuning 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 lo 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
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Reaulations
8847
preliminary assessment and iiie
inspections, and the NFL listing process.
(2) Develop a conceptual
understanding of the site baaed on the
evaluation of existing data described in
paragraph (b)(l) 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 dunng 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 that conforms with C9 CFR 1910.120
(l](l) and (1)(2).
(7) If natural resources are or may be
injured by the release, ensure that state
and fedaral 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
end approved by EPA. The sampling
and analysis plans shall consist of two
pans:
(i) The Field sampling plan, which
describes the number, type, and location
of samples and the type of analyses: and
(ii) The quality assurance protect plan.
which describes policy, organization,
and functional activities and the data
quality elective* and measures
necessary to achieve adequate data for
use in selecting the appropriate remedy.
• (9) Initiate the identification ot
potential federal and state ARARs and.
as appropriate, other criteria, advisories.
or guidance to be considered.
(c) Community relations, (l) The
community relations requirements
described in this section apply to all
remedial activities undertaken pursuant
to CERCLA section 104 and to section
108 or section 122 consent orders or
decrees, or section 106 administrative
orders.
(2) The lead aaency shall provide for
the conduct of the following community
relations activities, to the extent
practicable, pnor to commencing Held
work for the remedial investigation:
(i) Conducting interviews wita local
officials, community residents, public
interest groups, or other interested or
affected parties, as appropriate, to
solicit their concerns and information
needs, and to leam 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 dunng
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 acuon. 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 nunimis
parties under CERCLA secuon 12S(g) or
cost recovery settlements under section
122(b) shall publish a notice of the
proposed agreement in the Federal
Register at least 30 days before the
agreement becomes final, as reouired by
secuon 122Ii). The notice must identify
the name of the facility and the pa rue
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
(Rl) 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 held
investigations, including treatabiliry
studies, and conduct a baseline nsk
assessment The Rl provides tnformaucn
to assess the nsks to human health and
the environment and to suppon 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 Rl 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-scald
treatability studies shall be conducted.
when appropnate and practicable, to
provide additional data for the detailed
analysis and to suppon 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. Meld
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, toxiaty. propensity to
bioaecumulate. persistence, and
mobility;
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8848
Federal Register / Vol. 55. No. 46 / Thursday. March B. 1990 / Rules and Regulations
(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
ingesuon: and
(vu) Other factors, such as sensitive
populations, that pertain to the
characterization o/ 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 adviaones. criteria, or
guidance in a timely manner (see
! 300.400(gH3n. ~
(4) Using the data developed under
paragraphs (d) (1) and (2) of this section.
the lead agency shall conduct a aite-
specific baseline nsk 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 nak
aaaessment will help establish
acceptable exposure levels fur use in
developing remedial alternatives in the
FS. aa described in paragraph (e) of this
section.
(e] Feasibility study. (1) The primary
objective of the feasibility study (FS) is
to ensure dial 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
alteraauvea shall reflect the scope and
complexity of the remedial action under
consideration and the site problem!
being addressed. Development of
alternatives shall be fully integrated
with the site charactenzahon 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 unman health and the
environment by recycling waste or by
eliminating, redocsng. and/or controlling
risks posed Iteoagh each pathway by a
aile. The nonber 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
obieetives 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.
aa 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:
(7) Far systemic toxicants, acceptable
exposure levels shall represent
concentration levels to which the human
population, including sensitive
subgroups, may be exposed without
advene 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 concur risk to an individual of
between 10~4 and NT*using information
on the relationship betvtecn dose and
response. The 10"*nsk level shall be
used as the point of departure for
determining remediation goals for
altemadves 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
(MCLCs). established under the Safe
Drinking Water Act that are set at
levels above xero. shall be attained by
remedial actions for ground orvnrface
waters that are current or potential
sources of drinking water, where the
MCLGs are relevant and appropriate
under the arcumstances of the release
baaed on the factors in | 300.400(g}(2). If
an MCLC is determined not to-be
relevant and appropriate, the
corresponding maximum contaminant
level (MCL) shall be attained wrier?
relevant and appropriate to the
circumstances of the release
(C) Where the MCLC 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 thai
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 9 300.400(g)(2).
(D) In cases involving multiple
contaminants or-pathways when-
attainment of chemical-specific ARARs
will result in cumulative risk in excess
of 10~*. criteria in paragraph (e|(Z)(i)(A)
cilhia 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 shdll be attained where
relevant and appropriate under the
circumstances of the release.
(F) An alternate concentration limit
(ACL) may be established in accordance
with CERCLA section 121(d)(2)(B)(ii).
(C) 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
ta a principal element Aa 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 mmimum. treat
the principal threats posed by the site
but vary m 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 Uttle or no treatment but
provide protection of human health and
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations 8849
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.
(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,
cntena. 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 cntena
and a comparative analysis that focuses
upon the relative performance of each
alternative against those cntena.
(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
cntena. The nine evaluation cntena 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 dunng development of
remediation goals consistent with
9 300.430(e)(2)(i). Overall protection of
human health and the environment
draws on the assessments of other
evaluation cntena. 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 nsk
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
whi «h alternatives employ recycling or
treatment that reduces toxicity. mobility,
or volume shall be assessed, including
how treatment is used to address trie
pnncipal 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
matenals they will treat:
[2] The amount of hazardous
substances, pollutants, or contaminants
that wil! 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:
(5) The type and quantity of residuals
that will remain following treatment
considenng 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.
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8850. Federal Register / VoL S5. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
(El Short-term effectJveness..The
short-term impacts of alternatives shall
be assessed considering the following:
(1} Short-term risks that might be
posed to the community during
uaplemeotaDon of an alternative;
(2} Potential impact* 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 me
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-tite 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.
(C) Cost The types of costs that shall
be aaseaaed include the following:
(1] Capital costi. including both direct
and indirect coats:
[2] Annual-operation and maintenance
costs: and
(J) Net present value of capital and
O&Mcostt.
(H) State acceptance. Assessment of
state wnrmrnm may not be completed
until commentran me Rl/FS en
received bat may be discussed, to the
extent possible, in the proposed plan
issued forpubliccommeoL The state •
concerns that shall be assessed include
the following;, j-
(I] The state's position and key
concerns related to the preferred
alternative and-other alternatives: and
(2] Slat* comments on ARAJU or the
proposed ms*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.
(0 Selection of remedy—
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations 8831
extent practicable. This requirement
shall be fulfilled by selecting the
alternative that satisfies paragraph
(OUJ(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)(l)(i)lB] 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 pnncipal
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 in paragraph
(f)(l)(i)(C) of this section shall also be
considered.
(2) The proposed pian. In the first step
in the remedy selection process, the lead
agency shall identify the alternative that
best meets the requirements in
§ 300.430(0(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 \ 300.515(6). 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
lime 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 1.1 the detailed analysis
established u;:dfir paragraph (e)(9) of
this ser.tion
(ii) Idprnry and provide a discussion
of the rationale that supports the
preferred.: irritative:
(hi) Provi'(P d summary Of any formal
comment irceived from the support
agency: and
(iv) Provide a summary explanation of
any propuspd waiver identified under
paragraph (f)[l)(n)(C) of this section
from an ARAR.
(3) Coimmiaily 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 al 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
penod 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 penod 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 pnor 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, pnor to adoption
of the selected remedy in the ROD. issue
a revised proposed plan, which shall
include a discussion of the significant
changes and the reasons for such
changes, in accordance with the public
participation requirements descnbed in
paragraph. (0(3K») 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 penod. The lead agency
shall consider stale (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 S 300.515(6). 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
ia 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 1 of this part.
Documentation shall explain how the
evaluation criteria in paragraph
(e](9)(iii] of this section were used lo
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
p-otective of hu-nan heal'.h and the
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8852 Federal Register / Vol. 55. No. 46 / Thursday. March B. 1990 / Rules and Regulations
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 sUte laws that the remedy
will not meet, the waiver invoked, and
the justification! for invoking the waiver
(D) How the remedy is coat-effective.
Le.. explaining how the remedy provides
overall effectiveness proportional to its
coats
(EJ 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 loxicity, 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 loxicity. mobility, or
volume was" not selected.
(iii) The ROD also shafl;
(A) Indicate! as appropriate, the
remediation goals, discussed in
paragraph (e)(2J(i) of this section, that
the remedy u 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:
(B) Discus* significant changes and
the response to comments described in
paragraph (Q(3](i](F) of this section:
(C) Describe whether hazardous
substances, .pollutants, or contaminants
will remain at the aite such that a
review of the remedial action under
paragraph (f)f»(u) of this section no leas
often than every five yean shall be
required: and
(D} When appropriate, provide •
commitment for further analysts and
selection of long-term response
measures within an appropriate time-
frame.
(6] Community relations when the
record of decision a signed. After the
ROD is signed, the lead agency shall:.
(i) Publish-a notice of the availability
of the ROD in a maior local newspaper
of general circulation: and
(u) 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,
{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
penod of operation and maintenance
may follow the RA activities.
(b) RD/RA activities. (1) All RD/RA
activities shall be in conformancfe 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 { 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 meL 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
content 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 { 300.815 and the information
repository: and
(B) Publish a nonce 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 coniunction with the support
agency, as provided in 5 300.51S(e).
shall:
(A) Issue a notice of availability and
hnef 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 wntten or oral comments
on the amendment to the ROD. Upon
timely request the lead agency will
extend the public comment penod by a
minimum of 30 additional days:
(D) Provide the opportunity for a
public meeting to be held during the
public comment penod at or near the
facility at issue
(E) Keep a transcript of comments
received al the public meeting held
during the public comment penc±
(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 danng the public
comment penod:
(G) Publish a notice of the availability
of the amended ROD in a major local
newspaper of general circulation: and
(HI 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 pnor to the
initiation of the remedial action.
(d) Contractor conflict ofi'nteresL (1)
For Fund-financed RD/RA and O4M
activities, the lead agency shall:
(i) Include appropriate language in the
solicitation requiring potential prune
contractors to submit information on
tneir status, as well as the status of their
subcontractors, parent companies, and
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Federal Register / Vol. 55. No. 4G / Thursday. March a. 19SO / Rules and Regulations 8853
affiliates, as potentially responsible
panics at tne site.
(ii) Require potenti.il 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 9 300.435(d)(T)(-) 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 pr.me
contractor or subcontractor may be
declared r.onresponsible or ineligible for
award in accordance with appropriate
acquisition regulations, and the contract
may be awarded to the next eligible
offeror or bidder.
(e) Recontraclm". (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 appropnate steps to
continue interim RAs as necessary to
reduce risks to public health and the
environment. Appropnate 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
appropnate steps as descnbed above to
cover interim work to reduce such nsks.
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 S2 million.
(f) Operation c.id maintenance. (I)
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 § 300.435(f)(4). A
state must provide its assurance to
assume responsibility for O&M.
including, where appropnate.
requirements for maintaining
institutional controls, under J 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 arc 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
§ 300.435(0(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.
§ 300.440 Procedures for planning and
implementing off-site response actions
I Reserved L
Subpart F—State Involvement in
Hazardous Substance Response
5300.500 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-remedi.-il,
remedial, and enforcement response
activities. EPA shall encourage states to
enter into an EPA/state Superfund
Memorandum of Agreement (SMOA)
under § 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 § 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 dunng response.
§ 300.505 EPA/State Superfund
Memorandum of Agreement (SMOA).
(a) The SMOA may establish the
nature and extent of EPA and stale
interaction during EPA-lead and stale-
lead response (Indian tnbes meeting the
requirements of § 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:
(I) The EPA/state or Indian tribe
relationship for removal, pre-remedia..
remedial, and enforcement response.
including a descnption of the roles anc.
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 rrgardmg ti.
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8854 Federal Register / Vol. 55. No. 46 / Thursday. March B. 1990 / Rules and Regulations
review of key documents find/or
decision points in removal, pre-
rcmedial. 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 stale 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)(lj of
CERCLA shall be developed in
accordance with 40 CFR part 35. subpart
O. The SMOA shall not supersede such
agreements.
(d](l) EPA and the state shall consult
annually to determine priorities and
make lead and support agency
designations for removal pre-remediaL
•cmedial. and enforcement response to
ie 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 descnbe the tiraeframe 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 die absence of a SMOA. on
a site-specific basis with EPA and the
state identifying the lead agency for
each response action discussed:
(i) Pre-reiaedial 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)
untier 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
peration 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:
(vn) State ability to share in the cost
and timing of payments: and
(vni) 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 sue-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 la 5 300-515{h). If the
SMOA does not address all of the
requirements specified in 5 300.515{ti).
EPA and the state shall comply with any
unaddressed requirements in that
section.
§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
acton 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)(3j assurances
for Fund-financed response actions.
Further requirements pertaining to state.
political subdivision, and federally
recognized Indian tribe involvement in
CERCLA response arc found in 40 CFR
part 35. subpart O.
fb)(l) The state is not required to
share in the cost of stale- 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 (Rls). feasibility
studies (FSs). and remedial design (RD).
States shall be required to share 50
percent, or greater, in the cost of aft
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.
1=) CERCLA section 104(c)(5) provides
that EPA shall grant a state credit for
reasonable, documented, direct, out-of-
pocket, non-federal expenditures subject
lo 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 to December 11.1980.'and for the
remedial action expenditures incurred
only by the state after October 17.198ft.
(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.
(cftl) Prior to a Fund-financed
remedial action, the state must also
provide its assurance in accordance
with CERCLA section 104{cK3)(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 5 300.51S(g], EPA
may share, for a period of up to one
year, in the cost of the operation of the
remedial action to ensure that the
remedy is operational and functional In
the case of the 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 § 300 435(0(3).
(d) In accordance with CERCLA
sections 104 (c)(3)(B) and 121Jd)(3). if the
remedial action requires off-site storage.
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Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Resui;1 ons 8835
n. treatment, or disposal. Lnc
state must provide its assurance before
me remedial action oegmb on the
iivailabihty of a hazardous waste
cisoosal facility that is in compliance
with CERCLA section I21(d)(3) and is.
acceptable to EPA.
(ei(l) In accordance with CERC1_\
section I04(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 Suaeriund
state contract with ETA providing
assurances deemed adequate by EPA
thai 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 lo be generated
within the state during the 20-year
penod 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
jiv) 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).
(0 EPA may determine that ar. iniercbt
in real property must be acquired in
order to conduct a response action. As a
general rule, tne state in which the
property is located must agree to
acquire and hold the necessary proprnv
interest, including any interest m
acouired property that is needed to
ensure the reliability of institutional
controls restricting the use of thai
property. If it is necessary for the United
States government to acquire the
interest in property to permit
implementation of the response, the
state must accept transfer of the
acquired interest on or before the
completion of the response action.
$300515 Roquwsnwnti tor
(a) Genera/. (1) Slates are encouraged
to undertake actions authorized under
subpart E. Section lM(d)(l) of CERCLA
authorizes EPA to enter into cooperative
agreements or contracts with a state.
political subdivision, or a federally
recognized Indian tnbe to carry out
Fund-financed response actions
authorized under CERCLA. when EPA
determines that the state, the political
. o: fjucra!.y
Inuian tnbe has the capability to
unutrtjke such actions. EPA wnl me a
cooperative agreement to transfer funds
to ihose entities 10 undertake* r und-
financed response activities. The
requirements for states, political
subdivisions, c: Indian tnbes \-j receive
funds as a lead or support asency for
response are addressed at 40 CKR part
35. subpart 0.
(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 resopnse shall be
documented in a letter. SMOA. or
cooperative agreement. Suacriund state
contracts are unnecessary for this
purpose.
(3) Cooperative agreements and
Superfund state contracts are only
appropriate for non-Fund-fmanced
response actions if a state intends to
seek credit for remedial action expenses
under { 000.513.
(b) Indian tri^p involvement during
response. To be afforded substantially
me same trcntment as states under
section 104 of CERCLA. the gov ernmg
body of the Indian tnbe must:
(1) Be federally recognized: and
(2) Have a tnbal governing body that
is currently performirg governmental
functions to promote the health, safety.
and welfare of the affected population
or to protect th« environment within a
denned geographic area: and
13| Have lunsdicuon over a sue at
iv hich Fund-financed response.
including pre-remedial activiMPs. is
contemplated.
(e! Stc•& involvement in I'. \ S! and
Mjtional Priomits List process. EPA
shall ensure state invoiv ement in the
listing and deletion process by providing
states opportunities fur review.
consultation, or concurrence specified in
this section.
(1) EPA shall consult with states as
appropriate on the information to be
used in developing URS scores for
releases.
(2) EPA shall lo 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
INPL).
(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 describe*
the EPA/state consultation and
concurrence process for deleting
releases from the NPL
(J] Side ;/]vu:v c.itc::: ia PJ.'fS
process A kpv comoonent of the EPA
state partner*^ shall be me
communication of potential feeler,[ ar.r1
state ARARs and as aoproonaie mi
pertinent advisories, criteria, or
guidance to be considered (TBCs).
(1) In accordance with {j 300 400'$!
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 cf th-
coxparative anaivsis descnbcd ir.
5 300.430le)(9). such that sufficient time
is available for the lead agency to
consider and incorporate all ootent.al
ARARs without inordinate delays and
duplication of effort. The lead and
support agencies may also identify TBCs
and communicate tnem in a timely
manner.
(2) When a state and EPA have
entered into a SMOA. the SMOA max
specify a consultation process which
requires the lead agency to sour.t
potential ARARs at specified points ir.
ike remedial planning and remea /
selection processes. At a minimum, the
SMOA shall in.-.lude the points specific
in 1 300.315(h](:;. The SMOA shall
specify timeframes for support agency
response to lead agencv requests to
ensure that potential ARARs are
identified and communicated in a timely
manner. Such timeframes must also be
documented in site-specific egreemcr
The SMOA may also discuss
identification and comn:unici:.or. ul
TBCs.
(3! If EPA ir. its statement of.»
proposed plan intends to xvaivo am
state-idcntined ARARs. or does not
agree vttih tne state that a certain state
siancotrc is an ARAR. it shall forma'U
noiih the stair wnen it submits :h° Rj/
tS rcDort for state review or responds to
the state s submission of the RI/FR
report.
14) EPA shall respond to statf-
commenis on waivers from or
disagreements about stale ARARs. as
well as the preferred alternative when
making the Rl/FS report and proposed
plan available for public comment.
(e) Sic:e involvement in selection at
remedy, (r, 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 agencv. in conjunction with
the support sgencv. shall develop a
proposed plan. The support agencv shall
have on ooportunity to comment on the
plan. The lead agency shall publish a
notice of availability of the Rl/FS repot i
and a bnef analysis of the proposed
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8656
Federal Rcenter / VoL 55. No. 46 / Tnursaav Marcn 8. 1390 / Rules and Regulations
plan purauani to { 300.4301 ej and (f)
Inchided ID the prooosec plan snail be a
statement that the lead and support
agencies have reached agreement or.
wnere this is not the case, a statement
explaining me concerns of the suooort
agencv with the lead agency- s proposed
pian. The atate mav oot publish a
proposed plan that EPA has not
app-oved. EPA may assume the leaa
from the state i/ agreement caiutot be
reached.
(2)[i) EPA and the state shall identify.
at least annually, sues for which RODs
will be prepared during the next fiscal
year, m accordance with { 300-515(hKl)
For aU EPA-lead sites. EPA shall
prepare the ROD and provide me state
an opportunity to concur with the
recommended remedy. For Fund-
financed state-lead sues. EPA and the
state shall designate sites, m a site-
specific agreement for which the state
shall prepare the ROD and seek EPA's
concurrence and adoption of the reined}
specified therein, and sites Tor which
FJ>A shall prepare the ROD and seek the
state's concurrence. EPA and the state
may designate sites tor which the state
shall prepare the ROD fc: non-Fund-
financed state-lead enforcement
response actions (i.e.. actions lakea
under state law) at an NPL site. The
stale may seek EPA's concurrence in :he
remedy specified therein. Either EPA or
the state may choose not to designate a
site as state-lead.
fii) State concurrence on a ROD is no'.
a prerequisite to EPA a selecting a
remedy, i.e.. signing a ROD. nor is EPA s
concurrence a prerequisite 10 a state s
selecting a rerneriv at a ncr. Fund-
financed state-lead enforcement site
under state law. Unless EPA's Assistan1
Administrator for Solid Waste and
Emergency Response or Regional
Administrator concurs in writing witn d
•tate-preoared ROD. EPA shall not be
deemed to have approved the state
decision. A stale mav not proceed with
a Fund-financed response action unless
EPA has first concurred in and adopted
the ROD. Section 300.5101 a) specifies
limitations on EPA's proceeding with M
remedial action without state
assurances.
(in) 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 slate generally
shall be expected to maintain its lead
agency i talus through the completion of
the remedial tcooa.
{f) Efihoacement of nancy. (1) A
state may aak EPA lo make changes in
or enpaTunoas of a remedial action
selected under aubpart-E.
( I If EPA finos lhat the proposed
(.hanae or exoansioo is necessan and
aporopnata to the EPA-selected
remedial action, the remeov mav be
modified (consistent WILD
$ 300 435(cj(2)| ana any additional cosis
paid as nan of me remedial action.
(u) II EPA Ends mat the proposed
chanee or expansion is not necesserv to
the selected remedial action, but would
not conflict or be inconsistent with the
EPA-selected remedy. EPA may agree to
integrate the proposed charure or
expansion into me 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 suoervisuig the slate-funded
component of the remedy or. if EPA
determines that the state-funded
component cannot be conaucted as a
separate phase or activity, for
supervis.ng the remedial design end
construction of the entire remedy.
(2) Where a state does not concur in a
remedial action secured by EPA unarr
CERCLA section 106. and the state
desires to have the remedial action
conform to an ARAP. thai has been
waived under \ 300.430(0(l)(u](C). a
state may seek to have that remedial
action so conform, in accordance with
the procedures set out in CERCLA
section 121(0(2).
(g) Stcse invor'ement in remedial
desifn.'remed:al orao/t. The extent and
nature of state involvement during
remedial design and remedial action
shall be specified in site-specific
coooerative t>s<-eemenis cr Superiund
stale contracts, consistent witn 40 CFR
part 35. subpan O. For Fund-financed
remedial actions, me lead and supoort
agencies shall conouct a ioint inscection
at the conclusion of construction of the
remedial action to aeiermtne that the
remeov has been constructed in
accordance wiih the ROD and with the
remedial design.
(h) Requirement for state
ittvo/vement in absence of SMOA. In tne
absence of a SMOA. EPA and the stale
shall comply with the reauirements in
S 300.5IS(h). If the SMOA does not
address all of the requirements specified
in § 300-SlSfhJ. EPA and the state snail
comply with anv unaddressed
requirements m that section.
(\\Annualcattsultations. EPA ahull
conduct consultations w:th 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 ana enforcement response
during these annual consultations
(21 Identification o'ARARs end TSCs
The lead and support acenc'ss snail
discuss potential ARAR* curing the
scoping of the RI/FS. The lead sgenc\
shall request potential AAARs from me
support agency no later lean 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 ccmmumcate other
pertinent advisories, criteria, or
guidance to be considered (TBCsl. After
the initial screening of alternate es has
been completed bu: prior to initiation of
(lie comparative analysis cor.auc:ed
during the detailed analysis pnaso of the
Fb.~the lead agency shall request that
the support agency communicate ar.v
additional reuuirements tha: are
applicable or relevant ana appropriate
to the alternatives contemplated within
30 wonting days of receipt of this
request. The lead agency mall thereafter
consult the support aaency to ensure
thai identified ARARs and TBCs are
upddted as appropriate.
(3) Support agencv review of lead
ugencv documents. The lead agency
shail provide the support aaency an
opportunity to renew and comment on
trie Rl/FS. proposed plan. RCD. and
remedidl design, and any proposed
determinations on potential ARARs and
TBCs. The support agency shall have a
minimum of 10 working aa>s ar.d a
maximum of 15 woricinc days to provide
romments 10 the lead agencv on me RI/
FS. ROD. ARAR/TBC determinations
and remedial desicn The support
ajjencv shall have a minimum cf fiw»
working days and a maximum of 10
working days to comment on m»
proposed plan.
(i) Administrative record
requirements The state, w here it is the
lead agency for a Fund-financed site.
shall compile and maintain the
administrative record for selection of a
response action under suopart I cf this
pan unless apeafi"4 «»Herwise in the
SMOA
; 300J20 State involvement In EPA-itid
•ntorcwiwnt negotiation*.
(a) EPA shall notify states or response
dction negotiations to be conducted by
EPA with potentially responsible pa rues
aunng each fiscal year
(bl The siatt oust notifv EP/\ of sue'
nepooaaoni in which it intend* •
participate.
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Federal Register / Vol. 55. .'.J. 45 / Thursday. Mjrcn d. 1990 / Rales or.a Reguiduor.s 8857
(c) The sole is not foreuusea from
-:snmg a consent decree if it does not
participate substan'iallv in the
negotiations
» 300.525 SUM mvelv«meni in removal
Id) Sidles may undertake Fund-
:.nanced removal actions pursuant 10 a
cooperative agreement with EPA. State-
lead removal actions taken pursuant to
•ooperative agreements must be
-.onducted in accordance with i 300.415
.:n removal actions, ana 40 CFR pan 35.
subpart O.
(b) States are not reouired under
,ection 104(c)(3) of CERCLA to share in
i he cost of a Fund-financed removal
dction. unless toe removal is conducted
.it an NPL site that was operated by a
state or political subdivision at the time
•if disposal of hazardous substances
therein and a Fund-financed remedial
..ction is ultimately undertaken at the
-ite. In this situation, states are required
•o snare.'SO percent or greater, in the
ust of ail removal (including remedial
Banning) and remedial action costs al
•he ume of the remecial dcuon.
•c] Stales are encouraged to piovide
;iir post-removal site control as
discussed in { 300.41S|k) for all Fund-
Onanced removal actions.
Jd) States shall be responsible for
identifying potential state ARARs for all
X-.ind-financed removal actions and for
providing such ARARs to EFA in a
rmtly manner far all EPA-ledd removal
.ictior.s.
(e) EPA shall consult with a suie on
,il removal actions to be conflicted in
•hal state.
Subpart G—Trustees (or Natural
Resources
-, 300.600 Dwflrialion of te«*rw trustees.
U| The President is required (o
jesienaie in the National Contingency
Plan tnose federal off.cidls who are to
HC: on behalf of the public a* trustees
•"or natural resources. Federal officials
so designated will act pursuant to
section 107(0 of CERCLA and section
Jll(fHS) of the Clean Water Act. Natural
resources include:
(1) Natural resources over which '-he
United Slates has sovereign rnhts: and
(2) Natural resources within the
territorial sea. contiguous zone.
exclusive economic zone, and outer
•:nn!t.ienidl shelf belonging to. mar.ageU
by. held in trust by. appertaining to. or
otherwise controlled (hereinafter
referred to as "managed or protected"!
bv the United States.
(b) The following individuals shall be
the designated trustee(s) for general
categories of natural resources. They are
duihonreu to.
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8855
Federal Resster / Vol. 55. No. 48 / Thursday. March 8. 1990 / Rules and Eesui3".cr.s
(4) Devise and carry out a plan for
restoration, rehabilitation, replacement.
or acquisition of equivalent natural
resources, in assessing damaaes 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 pan 11.
(d) The authority of federal trustees
includes, but is not limited to the
following actions:
(1) Requesting that the Attorney
CcneraJ seek compensation from the
responsible panics 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 (PRPs) to
obtain PRP-fmanced or PRP-conducted
assessments and restorations for injured
resources or protection for threatened
resources and la agree to covenants not
to sue. where appropnate.
(3) Requiring, in consultation w:th the
lead agency, any person to comply with
the requirements of CERCLA section
104(e) regarding information gathering
and access.
(e) Actions which mav be taken by
any trustee pursuant to section 107(f) of
CERCLA or section 311(f)(5) of the Clean
Water Act include, but are not limited
to. any of the following:
(1) Requesting that an authonzed
agency issue an administrative oruer or
pursue miunctive relief against the
parties responsible for the discharge o?
release: or
(2) Requesting that the lead agency
remove, or arrange for the removal of. or
provide for remeoial action with respect
to. any hazardous substances from a
contaminated medium pursuant to
section 104 of CERCLA.
Subpirt H—Participation by Other
Persons
{300.700 Acttvtties by other |
(a) General. 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 lll(a)(2), wherein a pnvate
party, a potentially responsible party
pursuant to a settlement agreement or
certain foreign entities may file a claim
against the Fund for reimoursement of
response costs:
(3) Section 106(b|. wherein any person
who has complied with a section 106(a)
order may petition the Fund fcr
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 panics shall be
liable for ail response costs incurred by
the United States government or a State
or an Indian tribe not inconsistent with
the NCP.
(2) Responsible panics shdll 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 10T(a}(4){B) of CERCLA:
(i) A pnvate party response action
will be considered "consistent with the
NCP" if the action, when evaluated as a
whole, is in suostantial compliance with
the applicable requirements in
paragraphs (c)(5) and (6) of this section.
and results in a CERCLA-quality
cleanup;
(ii) Any response action earned 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 § 300.700(c)(l) will
not be considered "inconsistent with the
NCP." and actions under 5 300.700(c)(2)
will not be considered not "consistent
with the NCP." based on immaterial or
insubstantial deviations from the
provisions of 40 CFR pan 300.
(5) The following provisions of this
part are potentially applicable to pnvate
party response actions:
(i) Section 300.150 (on worker healih
and safety):
(ii) Section 300.160 (on documentation
and cost recovery):
(iii) Section 300.400(c)(l). |4). (S). and
(7) (on determining the need for a Fund-
financed action): (e) (on permit
requirements) except that the permit
waiver docs not apply to pnvate party
response actions: and (g) (on
identification of ARARs) except that
applicable requirements of federal or
state law may not be waived by a
pnvate party;
(iv) Section 300.4O5(b). (c). and (d) (on
reports of releases to the NRC):
(v) Section 300.410 Ion removal site
evaluation) except paragrapns (?)(5) and
(b):
(vi) Section 300.415 (on removal
actions) exceot paragraphs (a)(2).
(b)(2)(vn). (b)(5). and'lf): and inciudin;
§ 300.415(i) with regard to meeting
ARARs where practicable except that
pnvate party removal actions must
always comply with the requirements of
applicable law;
(vii) Section 300.420 (on remedial sue
evaluation):
(viii) Section 300.430 (on RI/FS and
selection of remedy) except paragraph
(0(l)(ii)(C){6) and that applicable"
requirements of federal or state law may
not be waived by a pnvate party: and
(ix) Section 300.435 (on RD/RA and
operation and maintenance).
t..(6) Pnvate 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 requirement
The following prov.sions of this pan
regarding public participation are
potentially applicable to pnvate 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(m) (on community
relations during removal actions):
(iii) Section 300.430(c) (on community
relations dunng RI/FS) except
paragraph (c)(5):
(iv) Section 300.430(0(2;. (3). and in)
(on community relations dunng
selection of remedy): and
(v) Section 300 435(c) (on communnv
relations dunng RD/RA ana operdtion
snd maintenance).
(7) When selecting the appropriate
remedial action, the methods of
remedying releases listed in Appendix 0
of this part may also be appropna'e to a
pnvate 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 ar.;:on.
(d) Section lll(o)(2) claims, (i)
Persons, other than those listed in
paragraphs (d)(l)(i) through (in) of this
section, may be able to receive
reimbursement of response costs by
means of a claim against the Fund. The
categones of persons excluded from
pursuing this claims authonty are:
(i) Federal government:
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FederaJ Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
(n) Slate governments, and their
political suodivisions. unless they are
potentially responsible parties covered
by an oraer or consent decree pursuant
to section 122 of CERCLA; and
(in) Persona operating under a
procurement contract or an assistance
agreement with the United States with
respect to mailers covered by that
contract or assistance agreement, unless
specifically provided therein,
(2) la order to be reimbursed by the
Fund, an eligible person muai notify the
Administrator of EPA or designee poor
to taking a response action and receive
prior approval Le. "preauthonzauon."
for such action,
(3) Preaumonzauoo t» 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
preauthonzanon will be reviewed to
determine whether the request should
receive priority for funding. EPA. in its
discretion, may grant preauthonzauon
of a claim. Preauthonzation will be
considered only for
(i) Removal actions pursuant to
§300.415:
(ii) CERCLA section 104(b) activities-.
and
(iii) Remedial actions at National
Priorities List sites pursuant to i 300.435.
(4) To receive EPA's pnor approval
the eligible person most
(il 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
i.-onsistent with the NCP in accordance
with the elements set forth in
paragraphs (c|(5| through (6) of this
section.
(5) EPA will grant preaudionzation 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) Preauthonzation does not establish
an enforceable contractual relationship
between EPA and the claimant.
[7] Preauthonzation represents EPA's
commitment that if funds are
appropnated for response actions, the
response action a conducted in
accordance with the preauthonzauon
decision document, and costs an
reasonable and necessary.
reimbursement will be made from die
Superfimd. ap to the •"•'""""• amount
provided in the preauthonzauon
decision document.
(8| For a claim to be awarded under
section 111 oi CERCLA. EPA must
certify thai ine costs were necessary
dnd consistent with the prcauthonzaooo
decision document.
(e) Sect/on lOStbl petition. Subiect to
conditions specified in CERCLA section
106(b|. any person who has complied
with an order issued after October 16.
1966 pursuant to section 106(a) of
CERCLA. may seek reimbursement for
response coats incurred in complying
with that oraer uniesa the person has
waived that right
(0 Section 123 reimbursement to local
tfonmroents. Any general purpose unit
of local government for a political
subdivision that is affected fey a release
may receive reimbursement for the coals
of temporary emergency measures
necessary to prevent or mitigate injury
to human health or the environment *-
subject to the conditions set forth m 40
CFR pan 310. Such reimbursement may
not exceed S25.000 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
panics from liability under section
107(a) of CERCLA. except as provided in
a settlement under section 122 of
CERCLA or a federal court judgment.
Subpart I—AdinUuatiaUxe Record lor
Ssjocttofi of rwsponsjo Action
8300400
attnMstn
Estabttafmsmalan
(a) General requirement. The lead
agency shall establish an administrative
record that contains the documents that
form the basts for the selection of a
response action. The lead agency shall
compile and maintain the administrative
record in accordance with this subpan.
(b) Administrative records for federal
foaJitiee. (l) 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 subpan. EPA may furnish
documents which the federal agency
shall place m the administrative record
file to ensure that the administrative
record includes all documents that form
the basts for the selection of the
response action.
(2) EPA or the U.S. Coast Guard shall
compile and maintain the administrative
record when it a the lead agency for a
federal facility.
(3) If EPA is involved ia the selection
of the response acuon at a federal
facility on the NPL the federal agency
acting as me lead agency shall provide
EPA with a copy of the index of
documents included in the
administrative record file, the Rl/FS
workplan. the Rl/FS released for public
comment, the proposed plan, any public
comments received on the Rl/FS and
proposed plan, and any other documents
EPA may request on a case-by-case
basis.
(c) Administrative record for state-
lead sues. 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 m accordance with this
subpan. 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
the index of documents included in the
administrative record file, the Rl/FS
workplan. the Rl/FS released for public
comment, the proposed plan, any public
comments received on the Rl/FS and
proposed plan, and any other documents
EPA may request on a case-by-case
basis.
(d) Applicability. This subpan applies
to all response actions taken under
section 104 of CERCLA or «cught
secured, or ordered administratively or
judicially under secuon 106 of CERCLA.
as follows:
(1) Remedial actions where the
remedial investigation commenced afte
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.
$300 MS Location o* the adiwnsstrattve
(a) The lead agency shall establish a
docket at an office of the lead agency 01
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 mdex to the
administrative record file indicates the
location and availability of this
information.
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8860 Federal Register / Vol. 55. No. 46 / Thursday. March 0. 1990 / Rules and Regulations
(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
locanon and availability of these
guidance documents.
(3) Publicly available technical
literature not generated for the site at
issue, such as engineering textbooxs.
articles from technical journals, and
lexicological 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 cued in a document in the
record.
(4) Documents included in the
confidential poruon 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 locanon 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.
§ 300.610 Contents of tn« administrative
(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'*
detenmnaoon of imminent and
substantial endangermenL public health
evaluations, and technical and
engineering evaluations. In addition, for
remedial actions, such documents may
include approved workplans for the
remedial investigation/feasibility stud}.
state documentation of applicable or
relevant and appropriate requirements.
and the Rl/FS.
(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
nsk/exposure assessments, engineering
handbooks, articles from technical
journals, memoranda on the application
of a specific regulation to a sue. and
memoranda on off-site disposal
capacity;
(3) Documents received, published, or
made available to tfle public under
i 300.815 for remedial actions, or *
{ 300.820 for removal actions. Such
documents may include notice of
availability of the administrative record
file, community relations pian. proposed
plan for remedial action, notices of
public comment penods. 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 bated 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 »
not included in any other document in
the administrative record file.
(c) Privileged documents. Pnvileged
documents shall not be included in the
record file except as provided in
paragraph (d) of this section or where
such privilege is waived. Pnvileged
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 resaonse action is included only in
a document containing confidential or
privileged information ana is not
otherwise available to tne oublic. the
information, to the extent feasible sndll
be summarized in such a way as to
make it disclosable and the summary
shall be placed in the publicly available
poruon 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.
J300J1S Administrative record file lor a
remedial action.
(a) The admimstrative>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 penod as specified in
1 300.430(0(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 suomitted poor to
the public comment penod. 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 paracipanon procedures
required in { 300.430(0(3) and shall
document such compliance in the
administrative record.
(d) Documents generated or received
after the record of decision is signed
shall be added to the admmistrauve
record file only as provided in \ 300.825.
{ 300420 Administrative record Ml* tor •
rvcnovtH Action*
(a) If. based on the site evaluation, the
lead agency determines that a removal
action is appropnate and that a planning
penod 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
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Federal Register / Vol. 55. N'o 46 / Thursday. March a. 1990 / Rules and Regulations 8861
analysis (EE/CA) is made available for
public comment. At such time the lead
•igency shall puohsh 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 penod as specified in
§ 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 sigmhcam
comments that were submitted prior to
the public comment penod. A written
response to significant comments
submitted during the public comment
penod shall be included in the
ddministrative record Tile.
(3) The lead agency shall comply with
"ie public participation procedures of
I 300 41S(m) and shall document
compliance with $ 300.41S(m)(3)(i)
through (in) in the administrative record
•lie.
(4) Documents generated or received
after the decision document is signed
shall be added to the administrative
record file only as provided in § 300 825.
(b) For all removal actions not
included in paragraph (a) of this section:
(1) Documents included in the
administrative record Tile 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 maior 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
penod 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 penod. A wntten
response to significant comments
submitted dunng the public comment
penod shall be included in the
administrative record file.
(3) Documents generated or received
after the decision document 11 signed
shall be added to the administrative
record file only as provided in 5 300.825.
§ 300J2S Record requirements after the
decision document la signed.
(a) The lead agency may add
documents to the administrative record
file after the decision document
selecting the response action has been
signed it
(l)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 oate or
(2) An exoianation of significant
differences required by § 300435(c). or
an amended decision document is
issued, in wnich case, the exolanation 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 t.
additional comments submitted dunng
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 penod only to the
extent that the comments contain
significant information not contained
elsewhere in the administrative record
file which could not have been
submitted dunng the public comment
penod 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 Olspersants and
Other Chemicals
§300800 General.
(a) Section 311(c)(2)(G) of the Clean
Water Act requires that EPA prepare a
schedule of dispersants and other
chemicals, 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 adiouung 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 authonty of the United
Stales, including resources under the
Magnuson Fishery Conservation and
Management Act of 1B7B.
(c) This suopart anpiies to the use of
any chemical agents or other additives
as defined in suopart A of this part that
may be usea to remove or control oil
discharges.
§ 300.905 NCP Product Sdwduta.
(a) Oil Discharges. (1) EPA shall
maintain a schedule of dispersants and
other chemical or biological products
that may be authorized for use on oil
discharges in accordance with the
procedures set forth in § 300.910. This
schedule, called the NCP Product
Schedule, may be obtained from the
Emergency Response Division (OS-210).
U.S. Environmental Protection Agency
Washington. DC 20460. The telephone
number is 1-202-382-2190.
(2) Products may be added to the NCP
Product Schedule by the process
specified in $ 300.920.
(b) Hazardous Substance Releases
[Reserved).
§ 300.910 Authorization of use.
(a) The OSC. with the concurrence or
(he EPA representative to the RRT and.
as appropriate, the concurrence of the
RRT representatives from the states
with lunsdiction over the navigable
waters threatened by the release or
discharge, and in consultation with the
DOC and DO1 natural resource trustees.
when practicable, may authorize the us-
of dispersants. surface collecting agent
biological additives, or miscellaneous o.
spill control agents on the oil discharge.
provided that the dispersants. surface
collecting agents, biological additives, or
miscellaneous oil spill control agents are
listed on the NCP Product Schedule.
(b) 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 DO1 natural resource trustees.
when practicable, may authonze the use
of burning agents on a case-by-case
basis.
(c) The OSC may authonze the use of
any dispersant. surface collecting agent.
other chemical agent, burning agent.
biological additive, 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. the RRT
representatives from the states with
jurisdiction over the navigable waters
threatened by the release or discharge.
when, in the (udgment of the OSC the
use of the product is necessary to
prevent or substantially reduce a haza-
to human life. The OSC is to inform th
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8862
Federal Register / Vol. 55. No. 46 / Thursday. March 8. 1990 / Rules and Regulations
*\PA RRT representative and. as
ppropnate. the RRT representatives
.rom the affected states and. when
practicable, the DOC/DOI natural
resource trustees of the use of a product
not on the Schedule as soon as possible
and. pursuant to the provisions in
paragraph (a) of this section, obtain
their concurrence or their comments on
its continued use once the threat to
human life has subsided.
(d] Sinking agents shall not be
authorized for application to oil
discharges.
(e) RRTs shall, as appropriate.
consider, as part of their planning
activities, the appropriateness of using
the dispersants. surface collecting
agents, biological additives, or
miscellaneous oil spill control agents
listed on the NCP Product Schedule, and
the appropriateness of using burning
agents. Regional Contingency Plans
(RCPs) shall, as appropriate, address the
use of such products in specific
contexts. If the RRT representatives
from the states with jurisdiction over the
waters of the area to which an RCP
applies and the DOC and DOI natural
resource trustees approve in advance
the use of certain products under
specified circumstances as descnbed in
'he RCP. the OSC may authorize the use
' the products without obtaining the
pecific concurrences descnbed in
paragraphs (a) and (b) of this section.
§ 30O91S Data requirements.
(a) Dispersants. (l) 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) Shelfufe.
(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) Dispersant Toxicity. Use standard
toxicity test methods descnbed in
Vppendix C to part 300.
(8) Effectiveness. Use standard
/ectiveness test methods described in
Appendix C to part 300. Manufacturers
are also encouraged to provide data on
product performance under conditions
other than those captured by these tests.
(9) The following data requirements
incorporate by reference standards from
the 1988 Annual Book 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 S U.S.C.
552(a) and 1 CFR part SI.1
(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 92-85. "Standard Test
Method for Flash and Fire Points by
Cleveland Open Cup";
(C) ASTM—D 93-85. "Standard Test
Methods for Flash Point by Pensky-
Martens Closed Tester";
(D) ASTM—D1310-66. "Standard
Test Method for Flash Point and Fire
Point of Liquids by Tag Open-Cup
Apparatus": or
(E) ASTM—D 3278-82, "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 445-86.
"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. "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-«4.
"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
Chlonnated Hydrocarbons. Using
1 Copiei of these siauu^rda rr.jy be obtained fro-n
the publisher Copies ray be inspected at the U S
Environmental Protection Agency. Wl M Si. SW_
Room LC. Washington. DC. or at the Office of the
Federal Register. 1100 L Street. NW. Room 8401.
Wasmnqton. DC
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 descnbed.
(ii) Cyanide. Standard calonmetnc
procedures should be used.
(iii) Chlorinated hydrocarbons. Gas
chromatography should be used and the
detailed analytical methods and sample
preparation shall be fully descnbed.
(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 nght 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 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, ivpes and
ages of the pollutants, and any other
application restrictions.
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Federal Register / Vol 55. No 46 / Thursaav March 8. 1S90 / Rules ana P.esuialiori3
8663
(rjToxicity. Use standard IOXICHV test
methods descnbed in Appendix C to
Pan 300.
(B) The fciluwing data requirements
incorporate bv reference slartaards from
the 19U Annual Book of ASTM
Standards. American Society for Testing
and Matenals. 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.
5521 a) and 1 CFR part SI.9
(t) Flash Point—Select appropriate
method from the following:
[A] ASTM—D 56-67. "Standard Test
Method for Flash Point by Tag Closed
Tester":
{B] ASTM—0 92-63. "Standard Test
Method for Flash and Fire Points by
Cleveland Open Cup":
|C) ASTM—O 93-45. "Standard Test
Methods, for Flash Point by Pensky-
Martens'Closed Tester':
|D) ASTM—D 1310-66. "Standard
Test Method for Flash Point and Fire
Point of Liquids by Tag Open-Cup
Apparatus": or
(E) ASTM—D 3278-82. -Standard Test
Methods for Flash Point of Liquids by
Cetaflash C'.nsed-Cup Apparatus."
(n) Pour Hotnt—Use ASTM—D 97-67.
"Standard Test Method for Pour Point of
Petroleum Oils."
(ui) Viscosity—Use ASTM—D 445-48.
'•Standard Test Method for Kinematic
Viscosity of Transparent and Opaoue
Ijquids (and the Calculation of Dynamic
Viscosity)."
(iv| Specific Gravity—O'se ASTM—0
1296-65. "Standard Tesi Method for
Density. Relative Density (Specific
Gravity], or API Gravity of Crude
Petroleum and Liquid Petroleum
Products by Hydrometer Method.'
(v) pH—Use ASTM—0 1293-64.
"Standard Test Methods for pH of
Water."
(9) Test to Distinguish Between
Surface Collecting Agents and Other
Chemical Agents.
(i) Method Summary—Five imlUliters
of the chemical under test are mixed
with 95 milliliten 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.
* Cafun of dim ninduw may be abmiud town
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8864 Federal Register / Vol. 55. No. 48 / Thursday. March 8. 1990 / Rules and Regulations
ages of the pollutants, and any other
application restrictions.
(7) Toxicily. Use standard toxicity lest
methods described in Appendix C to
part 300.
(8) The following data requirements
incorporate by reference standards from
the 1988 Annual Book of ASTM
Standards. American Society for Testing
and Materials. 1918 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 SI.3
(i) Flash Point—Select appropriate
method from the following:
(A) ASTM—D 56-87. "Standard Test
Method fur Flash Point by Tag Closed
Tester";
(B) ASTM—D 92-85, "Standard Test
Method for Flash and Fire Points by
Cleveland Open Cup";
(C) ASTM—D 93-85. "Standard Test
Methods for Flash Pcmt by Pensky-
Martens Closed Tester";
(D) ASTM—D 1310-86. "Standard
Test Method far Flash Point and Fire
Point of Liquids by Tag Open-Cup
Apparatus": or
(E) ASTM—D 3278-82. "Standard Test
Methods for Flash Point of Liquids by
Setaflush Closed-Cup Apparatus."
[\\] Pour Point—Use ASTM—D 97-«7.
"Standard Test Method for Pour Point of
Petroleum Oils."
(ni) Viscosity—Use ASTM—D 445-86.
"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. "Standard Test Method for
Density. Relative Density (Specific
Gravity), or API Gravity of Crude
Petroleum and Liquid Petroleum
Products by Hydrometer Method."
(v) pM—Use ASTM—D 1233-84.
"Sundard Test Methods for pH of
Water."
(9] 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
lo the chemical information provided in
response to the first two sentences.
identify the major components in at
least the following categones: surface
active agents, solvents, and additives.
1 Copies of ihcse sundarils may be obtained from
ic publisher Copies may be inspecled ai ihe U S.
jwironnenui Protection Agency. 401 M Si. SW.
Room LC. '.Vasmnaton DC or 31 Ihe Office of ihe
Federal Re«wi«. 1100 I. Slr-el. NW. Room 8401.
Washington DC
(10) Heavy Metals. Cyanide, and
Chlorinated Hydrocarbons. Follow
specifications in paragraph (a)(15) of
this section.
(11) For any miscellaneous oil spill
control agent that contains
microbiological cultures or enzyme
additives, furnish the information
specified in paragraphs (c)(3) and (c)(9)
of this section, as appropriate.
(12] Analytical Laboratory
Requirements for Technical Product
Data. Follow specifications in paragraph
(a)(16] of this section.
9 300.920
acheduta.
Addition of products lo
(a) To add a dispersanl. surface
collecting agent, biological additive, or
miscellaneous oil spill control agent to
the NCP Product Schedule, the technical
product data specified in § 300.915 must
be submitted to the Emergency
Response Division (OS-210). U.S.
Environmental Protection Agency. 401M
Street. SW., Washington. DC 20460. If
EPA determines that the required data
were submitted. EPA will add the
product to the schedule.
(b) 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 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 collecting agent.
biological additive, 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 Schedule must
either reproduce in its entirety EPA's
written statement that it will add the
product to the NCP Product Schedule
under § 300.920(b), 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 author^es the use of
(product name] on an oil discharge. This
Gating means only that data have been
submitted to EPA as required by subpart J of
the National Contingency Plan. { 300.915.
Subpart K—Federal Facilities
[Reserved]
3. Units 1.0. 2.0. and 4.0 of Appendix C
to part 300 are amended by revising the
first sentence of subumt l.l. and
Siibunita 2.5 (step 13), and 2.6 (steps 15
and 16) and K, to read as follows:
Appendix C to Part 300—Revued Standard
Disparsanl Effectiveness and Toxicity Tests
• • • • •
1.0 Introduction
1.1 Scape and Application. These
methods apply to "dispersants" involving
subpart f (Use of Dispersants and Other
Chemicals) in 40 CFR part 300 (National Oil
and Hazardous Substances Pollution
Contingency Plan). * * •
2.0 Revised Standard Dispersant
Effectiveness Test
• • • • •
2.5 *•*
• • • • •
13. Spectrophotometncally determine the
absorbance of the extract using the identical
wavelength and cell used lo calibrate the
spectrophotometer. From the calibration
curve, determine the concentration of oil in
the chloroform.
Compute the concentration of oil In the
sample aa follows:
Ci X (volume of chloroform used]
(volume of sample]
(2)
where:
CM is the concentration of dispersed oil in the
sample and Ci is, the measured concentration
of oil in the chloroform extract.
Nate that the standard sample volume is
500 ml and the volume of chloroform used
should also be expressed in ml.
Repeat steps 1 through 13 at least three
times for each of the three required volumes
of disporsanl
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Federal Register / Vol. 53. No. 46 / Thursday March 8 1990 / Rules and Regulations 8865
2.8
• • • • •
15. Specirophotomeincallv determine the
sbsorbance of the extract using the identical
wavelength «nd cell used to calibrate the
spectraphoiomeier. From the calibration
curve, determine the corresponding
concentration of oil in the chloroform.
Comouie the dispertani blank corrrcnun for
25 ml of disperianl as follows:
CiX(volume of chloroform used!
0 . 111
(volume of sample)
where:
0 it the blank correction for 25 ml of
dispersanu and Zt is the measured
concentration of oil in the chloroform extract
Note that the standard sample volume is
SCO ml and the volume of chloroform used
•hould also be expressed in ml
The Oiapersant Blank Correction IDBC) fur
other volumes of disperaant used in a IBM
may then be computed as
« 0 x (volume in ml of
m dispersants uafdI |4,
25m!
16. Clean the lest lank and prepare the
synthetic seawaier at 23 .±1 'C as described
in Step 1. Do not install the containment
cylinder. Prepare 100 ml of test oil as
described in Steps 4 and 5. and add it to the
lest tank. Continue the test procedure as
described in Steps 8 throuan 13 The Oil
Blank Correction (OBC) is.
ODC
i x (volume of chloroform
used)
(volume of sample!
4 0 Summon- Tecfum nl Prtxiui i /»•«! Dutu
riirmat
IX. Physical Properties of Lliiii T n
Surface Collecting Ape/it
1. Flash Point: (*F1
2. Pour Point: CF).
3. Viscosity: «l — 'I
(centistokei).
4. Specific Craviiv at 'F.
5. prt (10 percent solution if hydrocarbon
liaaedl.
6. Surface Active Agents (DisperMnts).1
7. Solvent* (Dispenaau).'
a. Additives (Dispenanu).
g. Solubility (Surface Collecting Agent* I
• • • • •
4. Appendix D is being added to part
300 to read as follows:
1 If DM lufafliiner cUinu thai U» information
pfnenied under this lubhtsdiiuj is confidential, thi •
infomulion thould b* wtaaiiiud on • MpanM
ihwl of paper daarl* labeled aceordiiui to the
lubheadina sad eauilid -Confidential Information "
Appendix 0 to Pert 300—Appropnate Acuont
and Methods of Rameayug Releases
(a) This Appendix D 10 pan 300 describes
types of remedial actions general!;.
dpproonaie for specific siiudtiom common I \
found ai remedial sites and lists method* for
remedying releases that may be considered
by the lead agencv to accomplish a particular
response action. This list shall not be
considered inclusive of all possible method*
of remedying releases and does not limit the
lend agency from selecting any other ar.tton*
deemed necessary m response to any
situation.
(b) In response to contaminated soiL
seaiTtent. or waste, the following types of
response actions shall generally be
considered: removal treatment, or
containment of the soil, sediment, or waste in
reduce or eliminate the potential for
hazardous substances or pollutants or
contaminants tu contaminate other medu
(ground water, surface water, or air) and in
reduce or eliminate the potential for such ,
substances to be inhaled, absorbed, or "
ingested.
111 Techniques for removing contaminated
soil, sediment, or tvasie include inr following-
dl Excavation.
(ill Hvdraulic dredging
(ni) Mechanical dredainu
(2) Techniques fur treating conimninuled
soil sediment, or waste include the follovvmz
(i) Biological method*, including the
following:
(A) Treatment via modified conventional
waste water treatment techniques
(B) Anaerobic, aerated, and facullativr
U goons.
(C) Supported growth biological rondure
(D) Microbial biodegradanon.
(ti) Chemicdl methoas. including the
following-
(A) Chlonnatioc
(B) Precipitation f.u(.culdi—ti
sedimentation
|CI Neutralization
(D) Equalization
(F.I Chemical oxidation
(in) Physical method* injuuing the
following-
I A) Air stripping
(B| Carbon absorption
(Cl Ion exchange
|0| Keverse osmusis.
(El Permeable bed treatment.
(F) Vvet air oxidation.
(Cl Solidification.
(H) Encapsulation.
(I) Soil washing or flushing
(I) Incineration.
Ill In response to contaminated ground
water, the following types of response
action* will generally be considered:
Elimination or containment of the
contamination to prevent further
contamination, treatment and/or removal u*
such ground water to reduce or eliminate the
contaminaticn. 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
contaminaoon.
1111 echmuues ihdi can be useu 1
or restore contaminated ground water iiciuor
tr.e following
(i) Impcrmtiihle h-mi-* inrimjina :ni
following
(A) Slurrj walls
(Bl Croui curtains
1C! Sheet pilings
(•il Permeable irettimeni beij»
liiilCround-wmer pu.-apina ir.ciuunu im
following.
IA| Water taoie adiusi.-nrni
(31 Plume containment
(iv | Leacnate control, mclucmn n i
following-
(AI Subsurfdue drains
IB) Orainag« ditches
(Cl Liners.
121 Techniques suitdblc fur cni , on,mi HI
contamination of water and srwer HUPS
include the following-
til Grouting
(til Pipe relming and »lcevm>:
(ml Sewer relocation
(d)lll In response to eonmmiuaieu l OverpacKing
|t>l Treatment fcr gascuu» emmionx
mclun:rs me following
(0 Vapor phase adsorption
ln| Thermal oxidation
If) Alternative water supplies c*n be
provided in several wajs. including tne
fullowing:
(i) IniUvidual tredtment ur.:is.
In) Wdler distribution ivsiem
(in) New wells in a rpw loranun nr uWo>-:
wells.
(iv| Cisterns.
jv) Bottled or trodted water
|vi| Upgraded treatment for existing
distribution system*.
(g| Temporary or permanent reiocbiiun ni
residents, businesses and communitv
facilities may be provided where n is
determined necessary lo protect human
health and the environment
fFR Doc. 80-2828 Filed J-7-00: n-45am |
Recycled Paper
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ENTRY
PERSON ENTERING
CHANGE
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