[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          40


          Parts 300 to 399

                         Revised as of July 1, 2007


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

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                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     511
      Table of CFR Titles and Chapters........................     513
      Alphabetical List of Agencies Appearing in the CFR......     531
      List of CFR Sections Affected...........................     541

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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2007), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

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

INCORPORATION BY REFERENCE

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

CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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appearing in the Code of Federal Regulations.

INQUIRIES

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register. The NARA site also contains links to GPO Access.

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

July 1, 2007.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-one 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), 
part 63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-
End) parts 64-71, parts 72-80, parts 81-84, part 85-Sec.  86.599-99, 
part 86 (86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 
150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, 
parts 400-424, parts 425-699, parts 700-789, and part 790 to End. The 
contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2007.

    Chapter I--Environmental Protection Agency appears in all thirty-one 
volumes. An alphabetical Listing of Pesticide Chemicals Index appears in 
parts 150-189, within part 180. Regulations issued by the Council on 
Environmental Quality, including an Index to Parts 1500 through 1508, 
appear in the volume containing part 790 to End. The OMB control numbers 
for title 40 appear in Sec.  9.1 of this chapter.

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


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                  (This book contains parts 300 to 399)

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

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

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         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

SUBCHAPTER J--SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW 
                                PROGRAMS
Part                                                                Page
300             National Oil and Hazardous Substances 
                    Pollution Contingency Plan..............           5
302             Designation, reportable quantities, and 
                    notification............................         281
303             Citizen awards for information on criminal 
                    violations under superfund..............         334
304             Arbitration procedures for small superfund 
                    cost recovery claims....................         336
305             Comprehensive Environmental Response, 
                    Compensation, and Liability Act (CERCLA) 
                    administrative hearing procedures for 
                    claims against the superfund............         349
307             Comprehensive Environmental Response, 
                    Compensation, and Liability Act (CERCLA) 
                    claims procedures.......................         361
310             Reimbursement to local governments for 
                    emergency response to hazardous 
                    substance releases......................         382
311             Worker protection...........................         395
312             Innocent landowners, standards for 
                    conducting all appropriate inquiry......         396
350             Trade secrecy claims for emergency planning 
                    and community right-to-know information: 
                    and trade secret disclosures to health 
                    professionals...........................         405
355             Emergency planning and notification.........         429
370             Hazardous chemical reporting: Community 
                    right-to-know...........................         444
372             Toxic chemical release reporting: Community 
                    right-to-know...........................         463
373             Reporting hazardous substance activity when 
                    selling or transferring Federal real 
                    property................................         503

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374             Prior notice of citizen suits...............         504
375-399         [Reserved]

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



PART 300_NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN--

Table of Contents




                         Subpart A_Introduction

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

         Subpart B_Responsibility and Organization for Response

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

                   Subpart C_Planning and Preparedness

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

          Subpart D_Operational Response Phases for Oil Removal

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

                 Subpart E_Hazardous Substance Response

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

       Subpart F_State Involvement in Hazardous Substance Response

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

                Subpart G_Trustees for Natural Resources

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

                Subpart H_Participation by Other Persons

300.700 Activities by other persons.

[[Page 6]]

    Subpart I_Administrative Record for Selection of Response Action

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

            Subpart J_Use of Dispersants and Other Chemicals

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

Subpart K--Federal Facilities [Reserved]

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

300.1105 Involuntary acquisition of property by the government.

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

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



                         Subpart A_Introduction

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



Sec. 300.1  Purpose and objectives.

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



Sec. 300.2  Authority and applicability.

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



Sec. 300.3  Scope.

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

[[Page 7]]

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



Sec. 300.4  Abbreviations.

    (a) Department and Agency Title Abbreviations:

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

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

    (b) Operational Abbreviations:

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

[[Page 8]]

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



Sec. 300.5  Definitions.

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

[[Page 9]]

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

[[Page 10]]

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

[[Page 11]]

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

[[Page 12]]

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

[[Page 13]]

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

[[Page 14]]

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

[[Page 15]]

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

[[Page 16]]

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

[[Page 17]]

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

[[Page 18]]

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

[[Page 19]]

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

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



Sec. 300.6  Use of number and gender.

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



Sec. 300.7  Computation of time.

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



         Subpart B_Responsibility and Organization for Response

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



Sec. 300.100  Duties of President delegated to federal agencies.

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



Sec. 300.105  General organization concepts.

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

[[Page 20]]

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

[[Page 21]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.000


[[Page 22]]


[GRAPHIC] [TIFF OMITTED] TC02AU92.001


[[Page 23]]


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


[[Page 24]]


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


    Effective Date Note: At 72 FR 31753, June 8, 2007, Sec. 300.105 was 
amended by revising paragraph (e)(3), effective July 9, 2007. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 300.105  General organization concepts.

                                * * * * *

    (e) * * *

[[Page 25]]

    (3) The USCG District boundaries are shown in the following Figure 
3:

[GRAPHIC] [TIFF OMITTED] TR08JN07.004



Sec. 300.110  National Response Team.

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

[[Page 26]]

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

[[Page 27]]

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



Sec. 300.115  Regional Response Teams.

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

[[Page 28]]

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

[[Page 29]]

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



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

responsibilities.

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

[[Page 30]]

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

[[Page 31]]

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



Sec. 300.125  Notification and communications.

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



Sec. 300.130  Determinations to initiate response and special conditions.

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

[[Page 32]]

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

[[Page 33]]

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



Sec. 300.135  Response operations.

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

[[Page 34]]

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



Sec. 300.140  Multi-regional responses.

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



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

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

[[Page 35]]

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

[[Page 36]]

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

[[Page 37]]

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



Sec. 300.150  Worker health and safety.

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



Sec. 300.155  Public information and community relations.

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

[[Page 38]]

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



Sec. 300.160  Documentation and cost recovery.

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



Sec. 300.165  OSC reports.

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



Sec. 300.170  Federal agency participation.

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

[[Page 39]]

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



Sec. 300.175  Federal agencies: additional responsibilities and assistance.

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

[[Page 40]]

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

[[Page 41]]

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

[[Page 42]]

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

[[Page 43]]

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



Sec. 300.180  State and local participation in response.

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

[[Page 44]]

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



Sec. 300.185  Nongovernmental participation.

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



                   Subpart C_Planning and Preparedness

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



Sec. 300.200  General.

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

[[Page 45]]



Sec. 300.205  Planning and coordination structure.

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

[[Page 46]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.004



Sec. 300.210  Federal contingency plans.

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

[[Page 47]]

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

[[Page 48]]

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

[[Page 49]]

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



Sec. 300.211  OPA facility and vessel response plans.

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



Sec. 300.212  Area response drills.

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



Sec. 300.215  Title III local emergency response plans.

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



Sec. 300.220  Related Title III issues.

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



          Subpart D_Operational Response Phases for Oil Removal

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



Sec. 300.300  Phase I--Discovery or notification.

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

[[Page 50]]

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



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

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

[[Page 51]]

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



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

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

[[Page 52]]

on priorities for health or the environment.



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

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



Sec. 300.317  National response priorities.

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



Sec. 300.320  General pattern of response.

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

[[Page 53]]

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



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

the United States.

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

[[Page 54]]

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



Sec. 300.323  Spills of national significance.

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



Sec. 300.324  Response to worst case discharges.

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



Sec. 300.335  Funding.

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

[[Page 55]]

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



                 Subpart E_Hazardous Substance Response

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



Sec. 300.400  General.

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

[[Page 56]]

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

[[Page 57]]

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

[[Page 58]]

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

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



Sec. 300.405  Discovery or notification.

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

[[Page 59]]

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

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



Sec. 300.410  Removal site evaluation.

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

[[Page 60]]

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

[59 FR 47448, Sept. 15, 1994]



Sec. 300.415  Removal action.

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

[[Page 61]]

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

[[Page 62]]

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

[[Page 63]]

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

[[Page 64]]

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

[59 FR 47448, Sept. 15, 1994]



Sec. 300.420  Remedial site evaluation.

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

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



Sec. 300.425  Establishing remedial priorities.

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

[[Page 66]]

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

[[Page 67]]

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



Sec. 300.430  Remedial investigation/feasibility study and selection of 

remedy.

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

[[Page 68]]

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

[[Page 69]]

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

[[Page 70]]

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

[[Page 71]]

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

[[Page 72]]

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

[[Page 73]]

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

[[Page 74]]

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

[[Page 75]]

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

[[Page 76]]

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

[[Page 77]]

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

[[Page 78]]

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



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

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

[[Page 79]]

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

[[Page 80]]

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



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

actions.

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

[[Page 81]]

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

[[Page 82]]

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

[[Page 83]]

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

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

[[Page 84]]

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

[58 FR 49215, Sept. 22, 1993]

[[Page 85]]



       Subpart F_State Involvement in Hazardous Substance Response

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



Sec. 300.500  General.

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



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

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

[[Page 86]]

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



Sec. 300.510  State assurances.

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

[[Page 87]]

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

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



Sec. 300.515  Requirements for state involvement in remedial and enforcement 

response.

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

[[Page 88]]

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

[[Page 89]]

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

[[Page 90]]

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



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

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

[[Page 91]]



Sec. 300.525  State involvement in removal actions.

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



                Subpart G_Trustees for Natural Resources

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



Sec. 300.600  Designation of federal trustees.

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

[[Page 92]]

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



Sec. 300.605  State trustees.

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



Sec. 300.610  Indian tribes.

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



Sec. 300.612  Foreign trustees.

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



Sec. 300.615  Responsibilities of trustees.

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

[[Page 93]]

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

[[Page 94]]

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



                Subpart H_Participation by Other Persons

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



Sec. 300.700  Activities by other persons.

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

[[Page 95]]

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

[[Page 96]]

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



    Subpart I_Administrative Record for Selection of Response Action

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



Sec. 300.800  Establishment of an administrative record.

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

[[Page 97]]

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



Sec. 300.805  Location of the administrative record file.

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



Sec. 300.810  Contents of the administrative record file.

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

[[Page 98]]

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



Sec. 300.815  Administrative record file for a remedial action.

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

[[Page 99]]

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



Sec. 300.820  Administrative record file for a removal action.

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



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

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

[[Page 100]]

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



            Subpart J_Use of Dispersants and Other Chemicals

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



Sec. 300.900  General.

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



Sec. 300.905  NCP Product Schedule.

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

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



Sec. 300.910  Authorization of use.

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

[[Page 101]]

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



Sec. 300.915  Data requirements.

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

[[Page 102]]

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

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

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

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

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

[[Page 103]]

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

[[Page 104]]

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

[[Page 105]]

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

[[Page 106]]

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

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

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

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



Sec. 300.920  Addition of products to Schedule.

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

[[Page 107]]

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

                               DISCLAIMER

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

Subpart K--Federal Facilities [Reserved]



 Subpart L_National Oil and Hazardous Substances Pollution Contingency 

       Plan; Involuntary Acquisition of Property by the Government

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



Sec. 300.1105  Involuntary acquisition of property by the government.

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

[[Page 108]]

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

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

            Appendix A to Part 300--The Hazard Ranking System

                            Table of Contents

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

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

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

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

                             List of Figures

                              Figure number

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

                             List of Tables

                              Table number

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

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

                            1.0 Introduction

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

                             1.1 Definitions

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

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

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

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

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

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

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

               2.0 Evaluations Common to Multiple Pathways

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

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

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

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-Identifying hazardous substances available to a pathway.

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

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

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

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

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

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


[[Page 117]]


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

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

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

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

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

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

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

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

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

     Soil exposure--resident population threat.

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

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

[[Page 118]]

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

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

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

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

[[Page 119]]

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

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


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


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

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

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

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

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

[[Page 120]]

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

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

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

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

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

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

[[Page 121]]

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

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

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

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

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


[[Page 122]]


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

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

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

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

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

[[Page 123]]



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

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

[[Page 124]]

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

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

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

[[Page 125]]

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

where:

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

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

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

                   3.0 Ground Water Migration Pathway

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

where:

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

[[Page 126]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.005


[[Page 127]]



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

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

[[Page 128]]

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

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

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

[[Page 129]]

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

[[Page 130]]

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


[[Page 131]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.006


[[Page 132]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.007

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

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

[[Page 133]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.146

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

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

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


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

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

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

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

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

[[Page 134]]

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

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


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

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

[[Page 135]]

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

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

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

[[Page 136]]

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

Kd=(Koc)(fs)

where:

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

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

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

[[Page 137]]

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

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


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

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

[[Page 138]]

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

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

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


[[Page 139]]


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

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

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

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

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

                   4.0 Surface Water Migration Pathway

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

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

[[Page 140]]

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

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

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

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

[[Page 141]]

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

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

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

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

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

[[Page 142]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.008


[[Page 143]]



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

[[Page 144]]

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

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

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

     Direct observation:

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

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

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

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

[[Page 145]]

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

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

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

[[Page 146]]

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

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

[[Page 147]]

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

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


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


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


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

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

[[Page 148]]

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

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


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


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

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

[[Page 149]]

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

where:

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

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

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

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

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

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

[[Page 150]]



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

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

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

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

[[Page 151]]

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

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

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

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

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

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

[[Page 152]]

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

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

[[Page 153]]



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


[[Page 154]]

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

where:

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

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


[[Page 155]]


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

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

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

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

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

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

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

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

[[Page 156]]

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

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

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

[[Page 157]]

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

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

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

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

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

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

[[Page 158]]

changes or where the surface water dilution weight changes.

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

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

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

where:

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

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

[[Page 159]]

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

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

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


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


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

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

[[Page 160]]

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

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


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

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

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

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

[[Page 161]]

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

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


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


[[Page 162]]

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

where:

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

where:

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

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

[[Page 163]]

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

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

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

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


[[Page 164]]


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

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

[[Page 165]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.009


[[Page 166]]


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

where:

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

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

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

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

[[Page 167]]

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

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

[[Page 168]]

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

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

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

[[Page 169]]



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


[[Page 170]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.010


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

[[Page 171]]

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


[[Page 172]]

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

where:

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

[[Page 173]]

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

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

[[Page 174]]

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

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


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

[[Page 175]]

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

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

[[Page 176]]

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

                        5.0 Soil Exposure Pathway

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

where:

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

[[Page 177]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.011


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

[[Page 178]]

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

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

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

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

[[Page 179]]

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

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

    Enter the value assigned in table 5-1.

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

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

[[Page 180]]

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

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

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

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

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

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

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

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

where:

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

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

[[Page 181]]

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

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

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

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

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


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

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

[[Page 182]]



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

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

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

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

where:

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

[[Page 183]]



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

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

                        6.0 Air Migration Pathway

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

where:

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

[[Page 184]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.012


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

[[Page 185]]

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

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

[[Page 186]]



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

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

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

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

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

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

[[Page 187]]

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

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

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

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

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

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


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


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


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

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

[[Page 188]]

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

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


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


[[Page 189]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.013


[[Page 190]]


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

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

where:

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

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

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

[[Page 191]]

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

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

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

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

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

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

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

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


[[Page 192]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.014


[[Page 193]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.015


[[Page 194]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.016


[[Page 195]]


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


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


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

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

[[Page 196]]

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

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

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

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


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

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

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

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

[[Page 197]]

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

[[Page 198]]



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


[[Page 199]]

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

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

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

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

[[Page 200]]

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

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

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

              7.0 Sites Containing Radioactive Substances.

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

[[Page 201]]



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


[[Page 202]]

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

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

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


[[Page 203]]


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

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

[[Page 204]]

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

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

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

where:

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

[[Page 205]]

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

where:

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

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

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

[[Page 206]]

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

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

[[Page 207]]

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

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

[55 FR 51583, Dec. 14, 1990]

[[Page 208]]

            Appendix B to Part 300--National Priorities List

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

[[Page 209]]

 
CA........................  Pemaco Maywood....................  Maywood..................
CA........................  Purity Oil Sales, Inc.............  Malaga...................
CA........................  Raytheon Corp.....................  Mountain View............
CA........................  San Fernando Valley (Area 1)......  Los Angeles..............
CA........................  San Fernando Valley (Area 2)......  Los Angeles/Glendale.....
CA........................  San Fernando Valley (Area 3)......  Glendale.................
CA........................  San Fernando Valley (Area 4)......  Los Angeles..............
CA........................  San Gabriel Valley (Area 1).......  El Monte.................
CA........................  San Gabriel Valley (Area 2).......  Baldwin Park Area........
CA........................  San Gabriel Valley (Area 3).......  Alhambra.................
CA........................  San Gabriel Valley (Area 4).......  La Puente................
CA........................  Selma Treating Co.................  Selma....................
CA........................  Sola Optical USA, Inc.............  Petaluma.................  C
CA........................  South Bay Asbestos Area...........  Alviso...................
CA........................  Southern California Edison Co.      Visalia..................
                             (Visalia).
CA........................  Spectra-Physics, Inc..............  Mountain View............  C
CA........................  Stringfellow......................  Glen Avon Heights........  S
CA........................  Sulphur Bank Mercury Mine.........  Clear Lake...............
CA........................  Synertek, Inc. (Building 1).......  Santa Clara..............  C
CA........................  TRW Microwave, Inc (Building 825).  Sunnyvale................  C
CA........................  Teledyne Semiconductor............  Mountain View............  C
CA........................  United Heckathorn Co..............  Richmond.................
CA........................  Valley Wood Preserving, Inc.......  Turlock..................
CA........................  Waste Disposal, Inc...............  Santa Fe Springs.........
CA........................  Watkins-Johnson Co. (Stewart        Scotts Valley............  C
                             Division).
CA........................  Westinghouse Elecetric Corp.        Sunnyvale................
                             (Sunnyvale).
CO........................  Broderick Wood Products...........  Denver...................  C
CO........................  California Gulch..................  Leadville................  P
CO........................  Captain Jack Mill.................  Ward.....................
CO........................  Central City-Clear Creek..........  Idaho Springs............
CO........................  Chemical Sales Co.................  Denver...................
CO........................  Denver Radium Site................  Denver...................
CO........................  Eagle Mine........................  Minturn/Redcliff.........
CO........................  Lincoln Park......................  Canon City...............
CO........................  Lowry Landfill....................  Arapahoe County..........
CO........................  Marshall Landfill.................  Boulder County...........  C,S
CO........................  Standard Mine.....................  Gunnison National Forest.
CO........................  Summitville Mine..................  Rio Grande County........
CO........................  Uravan Uranium Project (Union       Uravan...................  P
                             Carbide).
CO........................  Vasquez Boulevard and I-70........  Denver...................
CT........................  Barkhamsted-New Hartford Landfill.  Barkhamsted..............
CT........................  Beacon Heights Landfill...........  Beacon Falls.............
CT........................  Durham Meadows....................  Durham...................
CT........................  Gallup's Quarry...................  Plainfield...............
CT........................  Kellogg-Deering Well Field........  Norwalk..................  C
CT........................  Laurel Park, Inc..................  Naugatuck Borough........  S
CT........................  Linemaster Switch Corp............  Woodstock................
CT........................  Old Southington Landfill..........  Southington..............
CT........................  Precision Plating Corp............  Vernon...................
CT........................  Raymark Industries, Inc...........  Stratford................  A
CT........................  Scovill Industrial Landfill.......  Waterbury................
CT........................  Solvents Recovery Service New       Southington..............
                             England.
CT........................  Yaworski Waste Lagoon.............  Canterbury...............
DE........................  Army Creek Landfill...............  New Castle County........  C
DE........................  Chem-Solv, Inc....................  Cheswold.................
DE........................  Coker's Sanitation Service          Kent County..............  C
                             Landfills.
DE........................  Delaware City PVC Plant...........  Delaware City............
DE........................  Delaware Sand & Gravel Landfill...  New Castle County........
DE........................  Dover Gas Light Co................  Dover....................
DE........................  E.I.Du Pont de Nemours (Newport     Newport..................
                             Landfill).
DE........................  Halby Chemical Co.................  New Castle...............
DE........................  Harvey & Knott Drum, Inc..........  Kirkwood.................  C
DE........................  Koppers Co., Inc. (Newport Plant).  Newport..................
DE........................  NCR Corp. (Millsboro Plant).......  Millsboro................  C
DE........................  Standard Chlorine of Delaware, Inc  Delaware City............
DE........................  Tybouts Corner Landfill...........  New Castle County........  C,S
FL........................  Agrico Chemical Co................  Pensacola................
FL........................  Airco Plating Co..................  Miami....................
FL........................  Alaric Area Ground Water Plume....  Tampa....................
FL........................  American Creosote Works (Pensacola  Pensacola................
                             Plt).
FL........................  Anodyne, Inc......................  North Miami Beach........
FL........................  B&B Chemical Co., Inc.............  Hialeah..................  C

[[Page 210]]

 
FL........................  Cabot/Koppers.....................  Gainesville..............
FL........................  Callaway & Son Drum Service.......  Lake Alfred..............
FL........................  Chevron Chemical Co. (Ortho         Orlando..................
                             Division).
FL........................  City Industries, Inc..............  Orlando..................  C
FL........................  Coleman-Evans Wood Preserving Co..  Whitehouse...............
FL........................  Escambia Wood--Pensacola..........  Pensacola................
FL........................  Florida Petroleum Reprocessors....  Fort Lauderdale..........
FL........................  Florida Steel Corp................  Indiantown...............
FL........................  Harris Corp. (Palm Bay Plant).....  Palm Bay.................
FL........................  Helena Chemical Co. (Tampa Plant).  Tampa....................
FL........................  Hipps Road Landfill...............  Duval County.............  C
FL........................  Hollingsworth Solderless Terminal.  Fort Lauderdale..........  C
FL........................  Landia Chemical Company...........  Lakeland.................
FL........................  MRI Corp (Tampa)..................  Tampa....................
FL........................  Madison County Sanitary Landfill..  Madison..................  C
FL........................  Miami Drum Services...............  Miami....................  C
FL........................  Peak Oil Co./Bay Drum Co..........  Tampa....................
FL........................  Pepper Steel & Alloys, Inc........  Medley...................  C
FL........................  Petroleum Products Corp...........  Pembroke Park............
FL........................  Pickettville Road Landfill........  Jacksonville.............
FL........................  Piper Aircraft/Vero Beach Water &   Vero Beach...............
                             Sewer.
FL........................  Reeves Southeast Galvanizing Corp.  Tampa....................
FL........................  Sapp Battery Salvage..............  Cottondale...............
FL........................  Sherwood Medical Industries.......  Deland...................
FL........................  Solitron Microwave................  Port Salerno.............
FL........................  Southern Solvents, Inc............  Tampa....................
FL........................  Standard Auto Bumper Corp.........  Hialeah..................  C
FL........................  Stauffer Chemical Co. (Tampa).....  Tampa....................
FL........................  Stauffer Chemical Co. (Tarpon       Tarpon Springs...........
                             Springs).
FL........................  Sydney Mine Sludge Ponds..........  Brandon..................
FL........................  Taylor Road Landfill..............  Seffner..................
FL........................  Tower Chemical Co.................  Clermont.................
FL........................  Trans Circuit, Inc................  Lake Park................
FL........................  United Metals, Inc................  Marianna.................
FL........................  Whitehouse Oil Pits...............  Whitehouse...............
FL........................  Wingate Road Municipal Incinerator  Fort Lauderdale..........
                             Dump.
FL........................  Zellwood Ground Water               Zellwood.................
                             Contamination.
GA........................  Alternate Energy Resources........  Augusta..................
GA........................  Brunswick Wood Preserving.........  Brunswick................
GA........................  Camilla Wood Preserving Company...  Camilla..................
GA........................  Diamond Shamrock Corp. Landfill...  Cedartown................  C
GA........................  Firestone Tire & Rubber Co.         Albany...................
                             (Albany Plant).
GA........................  Hercules 009 Landfill.............  Brunswick................
GA........................  LCP Chemicals Georgia.............  Brunswick................  S
GA........................  Marzone Inc./Chevron Chemical Co..  Tifton...................
GA........................  Mathis Brothers Landfill..........  Kensington...............
GA........................  Peach Orchard Road PCE Ground       Augusta..................
                             Water Plume.
GA........................  Powersville Site..................  Peach County.............  C
GA........................  T.H. Agriculture & Nutrition        Albany...................
                             (Albany).
GA........................  Woolfolk Chemical Works, Inc......  Fort Valley..............
GU........................  Ordot Landfill....................  Guam.....................  C,S
HI........................  Del Monte Corp. (Oahu Plantation).  Honolulu County..........  P
IA........................  Des Moines TCE....................  Des Moines...............
IA........................  Electro-Coatings, Inc.............  Cedar Rapids.............
IA........................  Fairfield Coal Gasification Plant.  Fairfield................  C
IA........................  Lawrence Todtz Farm...............  Camanche.................  C
IA........................  Mason City Coal Gasification Plant  Mason City...............
IA........................  Midwest Manufacturing/North Farm..  Kellogg..................  C
IA........................  Peoples Natural Gas Co............  Dubuque..................
IA........................  Railroad Avenue Groundwater         Des Moines...............
                             Contamination.
IA........................  Shaw Avenue Dump..................  Charles City.............
IA........................  Vogel Paint & Wax Co..............  Orange City..............  C
ID........................  Bunker Hill Mining & Metallurgical  Smelterville.............
ID........................  Eastern Michaud Flats               Pocatello................
                             Contamination.
ID........................  Kerr-McGee Chemical Corp. (Soda     Soda Springs.............
                             Springs).
ID........................  Monsanto Chemical Co. (Soda         Soda Springs.............
                             Springs).
IL........................  A & F Material Reclaiming, Inc....  Greenup..................  C
IL........................  Acme Solvent Reclaiming             Morristown...............
                             (Morristown Plant).
IL........................  Adams County Quincy Landfills 2&3.  Quincy...................
IL........................  Amoco Chemicals (Joliet Landfill).  Joliet...................
IL........................  ASARCO Taylor Springs.............  Taylor Springs...........
IL........................  Beloit Corp.......................  Rockton..................

[[Page 211]]

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

[[Page 212]]

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

[[Page 213]]

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

[[Page 214]]

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

[[Page 215]]

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

[[Page 216]]

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

[[Page 217]]

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

[[Page 218]]

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

[[Page 219]]

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

[[Page 220]]

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

[[Page 221]]

 
TX........................  Bandera Road Ground Water Plume...  Leon Valley..............
TX........................  Brine Service Company.............  Corpus Christi...........
TX........................  City of Perryton Well No. 2.......  Perryton.................
TX........................  Conroe Creosoting Company.........  Conroe...................
TX........................  Crystal Chemical Co...............  Houston..................
TX........................  East 67th Street Ground Water       Odessa...................
                             Plume.
TX........................  French, Ltd.......................  Crosby...................  C
TX........................  Garland Creosoting................  Longview.................
TX........................  Geneva Industries/Fuhrmann Energy.  Houston..................  P
TX........................  Gulfco Marine Maintenance.........  Freeport.................
TX........................  Hart Creosoting Company...........  Jasper...................
TX........................  Highlands Acid Pit................  Highlands................  C
TX........................  Jasper Creosoting Company Inc.....  Jasper County............
TX........................  Jones Road Ground Water Plume.....  Harris County............
TX........................  Koppers Co Inc (Texarkana Plant)..  Texarkana................
TX........................  Malone Service Company, Inc.......  Texas City...............
TX........................  Many Diversified Interests, Inc...  Houston..................
TX........................  Motco, Inc........................  La Marque................  S
TX........................  North Cavalcade Street............  Houston..................
TX........................  Odessa Chromium 1........  Odessa...................  C
TX........................  Palmer Barge Line.................  Port Arthur..............
TX........................  Patrick Bayou.....................  Deer Park................
TX........................  Petro-Chemical Systems, (Turtle     Liberty County...........
                             Bayou).
TX........................  RSR Corp..........................  Dallas...................
TX........................  Rockwool Industries Inc...........  Bell County..............
TX........................  Sandy Beach Road Ground Water       Azle.....................
                             Plume.
TX........................  Sheridan Disposal Services........  Hempstead................
TX........................  Sikes Disposal Pits...............  Crosby...................  C
TX........................  Sol Lynn/Industrial Transformers..  Houston..................  C
TX........................  South Cavalcade Street............  Houston..................
TX........................  Sprague Road Ground Water Plume...  Odessa...................
TX........................  Star Lake Canal...................  Port Neches..............
TX........................  State Marine of Port Arthur.......  Jefferson County.........
TX........................  State Road 114 Ground Water Plume.  Levelland................
TX........................  Texarkana Wood Preserving Co......  Texarkana................
TX........................  Tex-Tin Superfund.................  Texas City, Galveston....  P
TX........................  United Creosoting Co..............  Conroe...................
UT........................  Bountiful/Woods Cross 5th South     Bountiful/Woods Cross....
                             PCE Plume.
UT........................  Davenport and Flagstaff Smelters..  Sandy City...............  P
UT........................  Eureka Mills......................  Eureka...................
UT........................  Intermountain Waste Oil Refinery..  Bountiful................
UT........................  International Smelting and          Tooele...................
                             Refining.
UT........................  Jacobs Smelters...................  Tooele County............  P
UT........................  Midvale Slag......................  Midvale..................
UT........................  Portland Cement (Kiln Dust 2 & 3).  Salt Lake City...........
UT........................  Utah Power & Light/American Barrel  Salt Lake City...........  C
                             Co.
UT........................  Wasatch Chemical Co. (Lot 6)......  Salt Lake City...........
VA........................  Abex Corp.........................  Portsmouth...............
VA........................  Arrowhead Associates/Scovill Corp.  Montross.................
VA........................  Atlantic Wood Industries, Inc.....  Portsmouth...............
VA........................  Avtex Fibers, Inc.................  Front Royal..............
VA........................  Buckingham County Landfill........  Buckingham...............
VA........................  C & R Battery Co., Inc............  Chesterfield County......  C
VA........................  Chisman Creek.....................  York County..............  C
VA........................  Culpeper Wood Preservers, Inc.....  Culpeper.................
VA........................  First Piedmont Rock Quarry (Route   Pittsylvania County......  C
                             719).
VA........................  Former Nansemond Ordnance Depot...  Suffolk..................  P
VA........................  Greenwood Chemical Co.............  Newtown..................
VA........................  H & H Inc., Burn Pit..............  Farrington...............
VA........................  Kim-Stan Landfill.................  Selma....................
VA........................  L.A. Clarke & Son.................  Spotsylvania County......
VA........................  Rentokil, Inc. (VA Wood Preserving  Richmond.................
                             Div).
VA........................  Saltville Waste Disposal Ponds....  Saltville................
VA........................  Saunders Supply Co................  Chuckatuck...............
VA........................  U.S. Titanium.....................  Piney River..............
VI........................  Island Chemical Corp/V.I. Chemical  Christiansted............
                             Corp.
VI........................  Tutu Wellfield....................  Tutu.....................
VT........................  BFI Sanitary Landfill (Rockingham)  Rockingham...............  C
VT........................  Bennington Municipal Sanitary       Bennington...............
                             Landfill.
VT........................  Burgess Brothers Landfill.........  Woodford.................
VT........................  Commerce Street Plume.............  Williston................
VT........................  Elizabeth Mine....................  Strafford................

[[Page 222]]

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

[[Page 223]]

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


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

[[Page 224]]

 
GA........................  Robins Air Force Base(Lf4/ Houston County...........
                             Sludge Lagoon.
GU........................  Andersen Air Force Base...........  Yigo.....................
HI........................  Naval Computer &                    Oahu.....................
                             Telecommunications Area.
HI........................  Pearl Harbor Naval Complex........  Pearl Harbor.............
IA........................  Iowa Army Ammunition Plant........  Middletown...............
ID........................  Idaho National Engineering Lab      Idaho Falls..............
                             (USDOE).
ID........................  Mountain Home Air Force Base......  Mountain Home............
IL........................  Joliet Army Ammunition Plant (LAP   Joliet...................
                             Area).
IL........................  Joliet Army Ammunition Plant (Mfg   Joliet...................
                             Area).
IL........................  Sangamo Electric/Crab Orchard NWR   Carterville..............
                             (USDOI).
IL........................  Savanna Army Depot Activity.......  Savanna..................
KS........................  Fort Riley........................  Junction City............
KY........................  Paducah Gaseous Diffusion Plant     Paducah..................
                             (USDOE).
LA........................  Louisiana Army Ammunition Plant...  Doyline..................
MA........................  Fort Devens.......................  Fort Devens..............
MA........................  Hanscom Field/Hanscom Air Force     Bedford..................
                             Base.
MA........................  Natick Laboratory Army Research,    Natick...................
                             D&E Cntr.
MA........................  Naval Weapons Industrial Reserve    Bedford..................
                             Plant.
MA........................  Otis Air National Guard (USAF)....  Falmouth.................
MA........................  South Weymouth Naval Air Station..  Weymouth.................
MD........................  Aberdeen Proving Ground (Edgewood   Edgewood.................
                             Area).
MD........................  Aberdeen Proving Ground             Aberdeen.................
                             (Michaelsville LF).
MD........................  Andrews Air Force Base............  Camp Springs.............
MD........................  Beltsville Agricultural Research    Beltsville...............
                             (USDA).
MD........................  Brandywine DRMO...................  Brandywine...............
MD........................  Curtis Bay Coast Guard Yard.......  Anne Arundel County......
MD........................  Fort George G. Meade..............  Odenton..................  P
MD........................  Indian Head Naval Surface Warfare   Indian Head..............
                             Center.
MD........................  Patuxent River Naval Air Station..  St. Mary's County........
ME........................  Brunswick Naval Air Station.......  Brunswick................
ME........................  Loring Air Force Base.............  Limestone................
ME........................  Portsmouth Naval Shipyard.........  Kittery..................
MN........................  Naval Industrial Reserve Ordnance   Fridley..................
                             Plant.
MN........................  New Brighton/Arden Hills/TCAAP      New Brighton.............
                             (USARMY).
MO........................  Lake City Army Ammu. Plant (NW      Independence.............
                             Lagoon).
MO........................  Weldon Spring Former Army Ordnance  St. Charles County.......
                             Works.
MO........................  Weldon Spring Quarry/Plant/Pitts    St. Charles County.......
                             (USDOE).
NC........................  Camp Lejeune Military Res.          Onslow County............
                             (USNAVY).
NC........................  Cherry Point Marine Corps Air       Havelock.................
                             Station.
NE........................  Cornhusker Army Ammunition Plant..  Hall County..............
NH........................  Pease Air Force Base..............  Portsmouth/Newington.....
NJ........................  Federal Aviation Admin. Tech.       Atlantic County..........
                             Center.
NJ........................  Fort Dix (Landfill Site)..........  Pemberton Township.......
NJ........................  McGuire Air Force Base 1.  Wrightstown..............
NJ........................  Middlesex Sampling Plant (USDOE)..  Middlesex................
NJ........................  Naval Air Engineering Center......  Lakehurst................
NJ........................  Naval Weapons Station Earle (Site   Colts Neck...............
                             A).
NJ........................  Picatinny Arsenal (USARMY)........  Rockaway Township........
NJ........................  W.R. Grace/Wayne Interim Storage    Wayne Township...........
                             (USDOE).
NM........................  Lee Acres Landfill (USDOI)........  Farmington...............
NY........................  Brookhaven National Laboratory      Upton....................
                             (USDOE).
NY........................  Griffiss Air Force Base...........  Rome.....................
NY........................  Plattsburgh Air Force Base........  Plattsburgh..............
NY........................  Seneca Army Depot.................  Romulus..................
OH........................  Feed Materials Production Center    Fernald..................
                             (USDOE).
OH........................  Mound Plant (USDOE)...............  Miamisburg...............  P
OH........................  Wright-Patterson Air Force Base...  Dayton...................
OK........................  Tinker Air Force (Soldier Cr/Bldg   Oklahoma City............
                             300).
OR........................  Fremont Nat. Forest Uranium Mines   Lakeview.................
                             (USDA).
OR........................  Umatilla Army Depot (Lagoons).....  Hermiston................
PA........................  Letterkenny Army Depot (PDO Area).  Franklin County..........
PA........................  Letterkenny Army Depot (SE Area)..  Chambersburg.............
PA........................  Naval Air Development Center (8     Warminster Township......
                             Areas).
PA........................  Navy Ships Parts Control Center...  Mechanicsburg............
PA........................  Tobyhanna Army Depot..............  Tobyhanna................  P
PA........................  Willow Grove Naval Air & Air Res.   Willow Grove.............
                             Stn..
PR........................  Atlantic Fleet Weapons Training     Island of Vieques\1\.....  S
                             Area--Vieques.
RI........................  Davisville Naval Construction Batt  North Kingston...........
                             Cent.
RI........................  Newport Naval Education/Training    Newport..................
                             Center.
SC........................  Parris Island Marine Corps Recruit  Parris Island............
                             Depot.
SC........................  Savannah River Site (USDOE).......  Aiken....................
SD........................  Ellsworth Air Force Base..........  Rapid City...............  P

[[Page 225]]

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


[62 FR 15576, Apr. 1, 1997]

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

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

    Effective Date Note: At 72 FR 35364, June 28, 2007, Table 1 of 
Appendix B to Part 300 was amended under New Jersey (NJ) by removing the 
site name ``Mannheim Avenue Dump'' and the corresponding city/county 
designation ``Galloway Township.'', effective August 27, 2007.

[[Page 226]]

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

                            Table of Contents

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

                               References

                          List of Illustrations

                              Figure Number

1 Swirling Flask Test Apparatus

                             List of Tables

                              Table Number

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

                            1.0 Introduction

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

            2.0 Swirling Flask Dispersant Effectiveness Test

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

[[Page 227]]

[GRAPHIC] [TIFF OMITTED] TC02AU92.017

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

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

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

[[Page 228]]

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

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

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

RFx=C/Ax (1)

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

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

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

[[Page 229]]

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

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

where:
Cx=Total mass of dispersed oil in swirling flask at 
          wavelength x (x=340, 370, or 400 nm)
Ax=Spectrophotometric absorbance at wavelength x
RFx=Mean response factor at wavelength x (determined from 
          equation 1)
VDCM=Final volume of DCM-extract of water sample (20 ml)
Vtw=Total water volume in swirling flask vessel (120 ml)
Vew=Volume of water extracted for dispersed oil content (30 
          ml)
    15. Obtain three concentration values for oil in each experimental 
water sample (340, 370, and 400 nm).
    16. Determine the mean of three values as follows:
 Cmean=(C340+C370+C400)/3 
(3)
    Note: Means will be used for all dispersion-performance 
calculations. Samples where one of the values for C340, 
C370, or C400 is more than 30% different from 
Cmean will be flagged. Whenever oil measurements are flagged 
as having a concentration based on one wavelength as 30% 
different from Cmean, raw data will be evaluated to