Title 40--PROTECTION OF ENVIRONMENT
Chapter I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)


15, 1994, unless otherwise noted. The purpose of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) is to provide the organizational...


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...


(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...


for Toxic Substances and Disease Registry CDC--Centers for Disease Control DOC--Department of Commerce DOD--Department...


for Toxic Substances and Disease Registry CDC--Centers for Disease Control DOC--Department of Commerce DOD--Department...
...


in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case...


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...


Source: 59 FR 47424, Sept. 15, 1994, unless otherwise noted. In Executive Orders 12580 and 12777, the President delegated certain functions...


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


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) 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...


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...


(a) The National Response Center (NRC), located at USCG Headquarters, is the national communications center, continuously manned for handling activities related to...


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,...


(a) The OSC/RPM, consistent with Secs. 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...


(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...


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...


(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...


(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...


(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...


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...


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...


assistance. (a) During preparedness planning or in an actual response, various federal agencies may be called upon to provide assistance in their...


(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...


(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....


1994, unless otherwise noted. This subpart summarizes emergency preparedness activities relating to discharges of oil and releases of hazardous substances,...


(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...


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...


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,...


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)...


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...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR300.220] [Page 48] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN-- Table of Contents Subpart C--Planning and Preparedness Sec. 300.220 Related Title III issues. Other related Title III requirements are found in 40 CFR part 355. ...


Source: 59 FR 47444, Sept. 15, 1994, unless otherwise noted. (a) A discharge of oil may be discovered through: (1) A report submitted by the person in...


of action. (a) The OSC is responsible for promptly initiating a preliminary assessment. (b) The preliminary assessment shall be conducted using...


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...


(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...


(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...


(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...


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...


(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...


(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...


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...


8, 1990, unless otherwise noted. (a) This subpart establishes methods and criteria for determining the appropriate extent of response authorized by CERCLA and CWA...


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...


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...


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...


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...


(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...


(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...
...


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...


response actions. (a) Applicability. (1) This section applies to any remedial or removal action involving the off-site transfer of any hazardous substance,...


Mar. 8, 1990, unless otherwise noted. (a) EPA shall ensure meaningful and substantial state involvement in hazardous substance response as specified in this...


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...


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...


remedial and enforcement response. (a) General. (1) States are encouraged to undertake actions authorized under subpart E. Section 104(d)(1) of CERCLA authorizes...


(a) EPA shall notify states of response action negotiations to be conducted by EPA with potentially responsible parties during each fiscal year. ...


(a) States may undertake Fund-financed removal actions pursuant to a cooperative agreement with EPA. State-lead removal actions taken pursuant to cooperative...


Source: 59 FR 47450, Sept. 15, 1994, unless otherwise noted. (a) The President is required to designate in the NCP those federal officials who are to act on behalf of...


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,...


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...


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...


(a) Where there are multiple trustees, because of coexisting or contiguous natural resources or concurrent jurisdictions, they should coordinate and cooperate in carrying out...


Source: 59 FR 47452, Sept. 15, 1994, unless otherwise noted. (a) General. Except as provided (e.g., in CWA section 311(c)), any person may undertake a response action...


Source: 55 FR 8859, Mar. 8, 1990, unless otherwise noted. (a) General requirement. The lead agency shall establish an 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...


file. (a) Contents. The administrative record file for selection of a response action typically, but not in all cases, will contain the following types...


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...


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...


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...


15, 1994, unless otherwise noted. (a) Section 311(d)(2)(G) of the CWA requires that EPA prepare a schedule of dispersants, other chemicals, and other spill...


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...


RRTs and Area Committees shall address, as part of their planning activities, the desirability of using appropriate dispersants, surface washing agents, surface collecting...


(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. ...


(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...


(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...
...


Liability Act of 1980 (``the Act'') those substances in the statutes referred to in section 101(14) of the Act, identifies reportable quantities for these substances,...


Superfund means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Pub. L. 96-510); Administrator means the Administrator of the United...


Superfund means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Pub. L. 96-510); Administrator means the Administrator of the United...
...


for each substance in table 302.4, or in appendix B to table 302.4, is the reportable quantity (RQ) for that substance. The RQs in table 302.4 are in units of pounds based...


soon as he or she has knowledge of any release (other than a federally permitted release or application of a pesticide) of a hazardous substance from such vessel or facility in...


a federally permitted release, into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, (2) In...


release of a hazardous substance that is, pursuant to the definitions in paragraph (b) of this section, continuous and stable in quantity and rate. (b) Definitions....


``citizen award'' authority granted by Congress to the President in the 1986 Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act...


arrestee's liberty or the equivalent through the service of judicial process compelling such a person to respond to a criminal accusation. (b) Conviction. A judgment of...


(a) Failure to Give Required Notice of a Release of a Reportable Quantity of a Hazardous Substance, 42 U.S.C. 9603(a); (b) Destruction or Concealment of Records...


Award Sec. 303.20 Eligibility to file a claim for award. (a) Any individual, except law enforcement officers and persons convicted in the case giving rise to...


Award Sec. 303.21 Determination of eligibility and amount of award. The Agency's determinations as to eligibility and award amount shall constitute final Agency...


Upon the filing of an eligible claim in accordance with the procedures as set forth in Sec. 303.33, the Agency's Assistant Administrator for Enforcement and...


No person, except as authorized by the Agency's Office of Enforcement and Compliance Monitoring to have this knowledge, shall be given access to the identity of, or...


actual payment of an award, no employee of the United States Government, including any person purporting to act on behalf of the United States Environmental Protection Agency,...


an award under this regulation is required to file a claim for such an award with the Deputy Assistant Administrator for Criminal Enforcement not later than 45 days...


procedures for the arbitration of EPA cost recovery claims arising under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of...


this regulation govern the arbitration of EPA claims for recovery, under section 107(a) of CERCLA, 42 U.S.C. 9607(a), of response costs incurred at or in connection with...


the meaning given by section 101 of CERCLA, 42 U.S.C. 9601, or the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR part 300. All time deadlines...


304.20 Jurisdiction of Arbitrator. (a) In accordance with the procedures established by this part, the Arbitrator is authorized to arbitrate one or more...


304.21 Referral of claims. (a) If EPA believes that a claim is an appropriate candidate for arbitration, EPA will notify all identified PRPs for the...


304.22 Appointment of Arbitrator. (a) The Association shall establish and maintain a National Panel of Environmental Arbitrators. (b) Within ten days of...


304.23 Disclosure and challenge procedures. (a) A person appointed as an Arbitrator under Sec. 304.22 of this part shall, within five days of receipt of his or...


304.24 Intervention and withdrawal. (a)(1) No later than thirty days prior to the pre-hearing conference (see Sec. 304.31 of this part), any PRP associated with...


304.25 Ex parte communication. (a) No interested person shall make or knowingly cause to be made to the Arbitrator an ex parte communication. (b) The...


shall be in accordance with this section and Sec. 304.31 of this part. (b) Within thirty days after receipt of the notice of appointment of the Arbitrator (see...


and the parties shall exchange witness lists (with a brief summary of the testimony of each witness) and any exhibits or documents that the parties have not submitted in...


in his sole discretion, schedule a hearing with the parties on one or more of the disputed issues identified in the statement of disputed issues pursuant to Sec....


(a) The Arbitrator shall render a proposed decision within forty- five days after the hearing is closed, or within [[Page 345]] forty-five days after the...


(a) Pursuant to section 122(h)(4) of CERCLA, 42 U.S.C. 9622(h)(4), any participating PRP who has resolved his or her liability for an EPA claim through a final decision...


(a) The Association shall prescribe an Administrative Fee Schedule and a Refund Schedule, which shall be subject to the approval of EPA. The schedule in effect at the time...


proceeds with the arbitration knowing that any provision or requirement of this part has not been complied with, and who fails to object thereto either orally or in writing in a...


Superfund (the Fund) pursuant to sections 111(a)(2) and 122(b)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR305.2] [Page 348] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) Subpart A--General Sec. 305.2 Use of number and gender. As used in this part, words in the singular also include the plural and words in the masculine gender also include the feminine, as the case may require. ...


U.S.C. 3105. Agency or EPA means the United States Environmental Protection Agency. CERCLA or the Act means the Comprehensive Environmental Response, Compensation,...


for a Hearing; attempt to promote settlement; make the decision of the Agency on the claim if the claimant does not request referral of the Request for a Hearing to...


be served on the Review Officer. Service on the Review Officer shall be made in the manner prescribed by paragraph (b) of this section. The Requestor shall serve his...


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...


parte the merits of the proceeding with any interested person outside the Agency, with any Agency staff member who performed a prosecutorial or investigative function in...


person may, during Agency business hours, inspect and copy any document filed in any proceeding. [[Page 354]] Such documents shall be made available by...


officer may appear on behalf of a corporation. Persons who appear as counsel or other representative must conform to the standards of conduct and ethics required of...


two or more proceedings docketed under this part where: (1) There exist common parties or common questions of fact or law; (2) Consolidation would expedite and...


claim, the claimant may file a Request for a Hearing with the Review Officer. The Request for a Hearing shall contain: (1) A statement of the authority for the Request for...


a matter of right at any time before the answer is filed. Otherwise the Requestor may amend the Request for a Hearing only upon motion granted by the Presiding Officer. The...


a Hearing with the Hearing Clerk when he: contests any material fact upon which the Request for a Hearing is based; contends that the amount of money demanded in the Request for...


particularity; set forth the relief sought and a proposed order; and be accompanied by an affidavit, certificate, other evidence, or legal memorandum relied upon. Such...


the Request for a Hearing; after motion or sua sponte, upon failure to comply with a prehearing or hearing order of the Presiding Officer; or after motion or sua sponte,...


consistent with the provisions and objectives of the Act and applicable regulations. Settlement conferences shall not affect the Claims Official's obligation to file a...


the hearing begins, shall direct the parties and their counsel or other representatives to appear at a conference before him to consider: (1) The settlement of...


in favor of the Requestor or the Claims Official as to all or any part of the proceeding, without further hearing or upon such limited additional evidence, such...


(b) Notice of hearing. The Presiding Officer shall serve upon the parties a notice of hearing setting forth a time and place for the hearing. The Presiding Officer may issue...


of little probative value, except that evidence which would be excluded in the Federal courts under Rule 408 of the Federal Rules of Evidence (28 U.S.C. appendix) is...


hearing. The party raising the objection must supply a short statement of its grounds. The ruling by the Presiding Officer on any objection and...


the Request for a Hearing is justified. Accordingly, the Requestor bears the burdens of presentation and persuasion. Following the establishment of a prima facie case,...


the Hearing Clerk the original and as many copies of the transcript of testimony as are called for in the reporter's contract with the Agency, and also shall transmit to...


for the consideration of the Presiding Officer proposed findings of fact, conclusions of law, and a proposed order, together with briefs in support thereof. The...


the period for filing reply briefs under Sec. 305.35 has expired, but within the time allowed for issuance of a final order as prescribed by Sec. 305.4(d). The...


This part prescribes the appropriate forms and procedures for presenting claims for necessary response costs as authorized by section 112(b)(1) of the Comprehensive...


(a) The following may be submitted only through the procedures established by this part: claims for responses to a release or substantial threat of release of a...


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


In computing any period of time described or allowed in this part, except as otherwise provided, the day of the event from which the designated period begins to run shall not...


Terms that are not defined in this section or restated herein, shall have the meaning set forth in section 101 of CERCLA or the 1990 NCP or any final revision thereto. As used in...


If any person knowingly gives a material statement or representation in the application for preauthorization or in the claim that is false, misleading, misrepresented, or misstated,...


Who may present claims. (a) Subject to the provisions of this subpart, claims for the costs of response actions may be asserted against the Fund by any person...


Nature of eligible claims. (a) Claims may be asserted against the Fund for necessary costs incurred for response actions due to a release or substantial threat of...


Preauthorization of response actions. (a) No person may submit a claim to the Fund for a response action unless that person notifies the Administrator of EPA or his...


EPA's review of preauthorization applications. (a) EPA shall review each preauthorization application and will notify the applicant of the decision...


Requesting payment from the potentially responsible party. (a) A claimant must present all claims to any person who is known to the claimant and who may be liable...


(a) A response claim must be submitted on EPA Form 2075-4 and must include: (1) Documentation showing that the claimed response activities...


Verification, award, and administrative hearings. (a) Upon receipt of a response claim, EPA will verify that it complies with all filing requirements. Where the claim...


A claimant receiving an award from the Fund is required to maintain all cost documentation and any other records relating to the claim, and to provide...


(a) Payment of claims will be made, as applicable, within: (1) 50 days of EPA's decision to make an award, if the claimant does not request...


claimants' rights to the Fund. (a) The United States acquires by subrogation all rights of the claimant to recover the amount of the claim paid by the Fund from the...


the event of failure of remedial actions taken pursuant to CERCLA section 122. (a) In the case of the failure of a completed remedial action taken by a...


This part sets up procedures for EPA to reimburse local governments for certain emergency response costs. Local governments may receive up to $25,000 to...


this part? This part is authorized under section 123 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Pub. L. 96-510,...


For purposes of this part except when otherwise specified: (a) Application means Form 9310-1, shown in Appendix III of this part, including all...


The following abbreviations appear in this part: CERCLA--The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Pub. L. 96-510, 42...


Who Can Be Reimbursed? If you are the governing body of a county, parish, municipality, city, town, township, federally-recognized...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR310.6] [Page 383] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 310--REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO HAZARDOUS SUBSTANCE RELEASES--Table of Contents Subpart B--Provisions Sec. 310.6 Are states eligible? States are NOT eligible for reimbursement under this part, and states may NOT request reimbursement on behalf of their local governments. ...


government be reimbursed for response to the same incident? No. EPA will accept only one reimbursement request for a single response. A single response includes all of...


my response? Possibly not. EPA can only reimburse you for temporary emergency measures you take in response to releases of hazardous substances, pollutants,...


is involved, can each receive up to $25,000? No. The maximum amount EPA can reimburse is $25,000 for a single response, which includes all activities by ALL...


(a) Temporary emergency measures are actions taken to control or eliminate immediate threats to human health and the environment. (b) Examples of...


(a) Reimbursement under this part does NOT supplant funds you normally provide for emergency response. Allowable costs are only those necessary for you to respond effectively to...


(a) Costs that are NOT allowable are expenditures you incur in providing what are traditionally local services and responsibilities. Examples include: (1)...


the response is underway? No. You should notify EPA, the National Response Center, or use another [[Page 385]] established response communication...


those potentially responsible for the emergency? Yes. Before applying for reimbursement from EPA, you must try to recover your costs from all known...


(a) You must apply for reimbursement on EPA Form 9310-1, shown in Appendix III to this part. (b) You must submit your request within one year of the date...


necessary? Cost documentation must be adequate for an audit. At a minimum, you must: (a) Include a description of the temporary emergency measures for which...


(a) You must certify that reimbursement under this regulation does not supplant local funds that you normally provide for emergency response. This means that...


(a) When we receive your application, we will make sure it meets all requirements of this section. If your request is [[Page 386]] incomplete or...


my request? We may deny your reimbursement request in full or in part if: (a) Your records, documents, or other evidence are not maintained according to...


request? If we deny your request because you failed to meet a requirement in this regulation, you may request, in writing, that EPA grant an exception. You may...


(a) The EPA reimbursement official's decision is final EPA action unless you file a request for review by registered or certified mail within 60 calendar days of the date...


(a) If you receive reimbursement under the regulations in this part, for three years you must keep all cost documentation and any other records related to your application....


(a) If necessary, EPA will rank approved reimbursement requests according to the financial burden the response costs impose on the local governments. We will...


or false information? (a) You must not knowingly or recklessly make any statement or provide any information in your reimbursement application that is...


(March 6, 1989), apply to [[Page 394]] State and local government employees engaged in hazardous waste operations, as defined in 29 CFR 1910.120(a), in States that...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR311.2] [Page 394] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 311--WORKER PROTECTION--Table of Contents Sec. 311.2 Definition of employee. Employee in Sec. 311.1 is defined as a compensated or non- compensated worker who is controlled directly by a State or local government, as contrasted to an independent contractor. ...


purpose of this section is to provide standards and procedures for ``all appropriate inquiry'' for the purposes of CERCLA Section 103(35)(B). (b) Applicability....


With respect to property purchases on or after May 31, 1997, the procedures of the American Society for Testing and Materials (ASTM) 1527-97 and the procedures of...


or confidential business information includes the concept of trade secrecy and other related legal concepts which give (or may give) a business the right to preserve...


establish rules governing assertion of trade secrecy claims for chemical identity information collected under the authority of sections 303 (d)(2) and (d)(3), 311, 312...


under sections 303 (d)(2) and (d)(3), a hazardous chemical under sections 311 and 312, and a toxic chemical under section 313. (b) Method of asserting claims...


specific facts, to each of the following questions with the submission to which the trade secrecy claim pertains. Submitters must answer these questions on the...


treated as confidential until a contrary determination is made. (b) A determination as to the validity of a trade secrecy claim shall be initiated upon receipt by EPA of...


of the validity of a trade secrecy claim for chemical identity, and EPA has made a determination, as required in paragraph (d)(1) of Sec. 350.9, then EPA shall...


unless the answers to the questions in the substantiation submitted under Sec. 350.7 support all of the following conclusions. This substantiation must include,...


as trade secret by submitting a written petition to the address specified in Sec. 350.16. (b) The petition shall include: (1) The name, address,...


and 313 and all public petitions requesting disclosure of chemical identities claimed as trade secret should be sent to the following address: EPCRA Reporting...


appeal with the General Counsel. The appeal shall be addressed to: The Office of General Counsel, U.S. Environmental Protection Agency, Contracts and Information Law Branch,...


seek review within U.S. District Court within 20 days of receiving notice of a determination of the General Counsel under Sec. 350.17(b)(3) of this subpart that the trade...


additional information submitted to EPA. EPA shall release this information, even if claimed confidential, to any State requesting access if: (1) The request is...


chemicals claimed as trade secret and shall make this information available to the public. The material safety data sheets submitted to the State emergency response...


of the United States any information to which this section applies, notwithstanding the fact that the information might otherwise be entitled to trade secret...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR350.25] [Page 407] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) Subpart A--Trade Secrecy Claims Sec. 350.25 Disclosure in special circumstances. Other disclosure of specific chemical identity may be made in accordance with 40 CFR 2.209. ...


be completed and submitted as required in Sec. 350.7(a). (b) Substantiation form to accompany claims of trade secrecy. [[Page 408]] [GRAPHIC] [TIFF...


unforeseen condition which a health professional would judge to require urgent and unscheduled medical attention. Such a condition is one which results in sudden and/or...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR355.10] [Page 418] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 355--EMERGENCY PLANNING AND NOTIFICATION--Table of Contents Sec. 355.10 Purpose. This regulation establishes the list of extremely hazardous substances, threshold planning quantities, and facility notification responsibilities necessary for the development and implementation of State and local emergency response plans. ...


Compensation and Liability Act of 1980, as amended. CERCLA Hazardous Substance means a substance on the list defined in section 101(14) of CERCLA. ...


any extremely hazardous substance equal to or in excess of its threshold planning quantity, or designated, after public notice and opportunity for comment, by the...


hazardous chemical is produced, used or stored and (ii) at which there is release of a reportable quantity of any extremely hazardous substance or CERCLA hazardous substance. ...


hazardous chemical is produced, used or stored and (ii) at which there is release of a reportable quantity of any extremely hazardous substance or CERCLA hazardous substance. ...
...


which provide the public with important information on the hazardous chemicals in their communities for the purpose of enhancing community awareness of chemical...


the person who is recognized by the Bureau of Indian Affairs as the chief elected administrative officer of the tribe. Commission means the emergency response...


governmental entity who violates any requirement of Sec. 370.21 shall be liable for civil and administrative penalties of not more than $10,000 for each violation. ...


this subpart apply to any facility that is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety...


operator of a facility subject to this subpart shall submit an MSDS for each hazardous chemical present at the facility according to the minimum threshold schedule provided...


or operator of a facility subject to this subpart shall submit an inventory form to the commission, the committee, and the fire department with jurisdiction over the...


a facility may meet the reporting requirements of Secs. 370.21 (MSDS reporting) and 370.25 (inventory form reporting) of this subpart for a hazardous chemical that is...


for MSDS information. (1) Any person may obtain an MSDS with respect to a specific facility by submitting a written request to the committee. (2) If the committee does...


from an owner or operator in response to a request under this subpart and any requested Tier II form or MSDS otherwise in possession of the commission or the...


(a) The form set out in paragraph (b) of this section shall be completed and submitted as required in Sec. 370.25(a) of this part. In lieu of the form set out in...


(a) The form set out in paragraph (b) of this section shall be completed and submitted as required in Sec. 370.25 of this part. In lieu of the form set out in paragraph (b)...


the submission of information relating to the release of toxic chemicals under section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986....


329 of Title III and not explicitly defined herein are used with the meaning given in Title III. For the purpose of this part: Acts means Title III. ...


facilities described in Secs. 372.22 and 372.45 are subject to the requirements of this part. If the owner and operator of a facility are different persons, only one need...


reporting requirements of this part must retain the following records for a period of 3 years from the date of the submission of a report under Sec. 372.30: (1) A copy of...


of this part shall be liable for a civil penalty in an amount not to exceed $25,000 each day for each violation as provided in section 325(c) of...


A facility that meets all of the following criteria for a calendar year is a covered facility for that calendar year and must report under Sec. 372.30. ...


Secs. 372.27 and 372.28, the threshold amounts for purposes of reporting under Sec. 372.30 for toxic chemicals are as follows: (a) With respect to a toxic...


(a) With respect to the manufacture, process, or otherwise use of a toxic chemical, the owner or operator of a facility may apply an alternate threshold of 1 million pounds per year...


(a) Notwithstanding Sec. 372.25 or Sec. 372.27, for the toxic chemicals set forth in this section, the threshold amounts for manufacturing (including importing),...


(a) For each toxic chemical known by the owner or operator to be manufactured (including imported), processed, or otherwise used in excess of an applicable threshold...


a toxic chemical in a mixture. If a toxic chemical is present in a mixture of chemicals at a covered facility and the toxic chemical is in a concentration in the mixture...


(a) Except as provided in paragraphs (c), (d), and (e) of this section and Sec. 372.65, a person who owns or operates a facility or establishment which: (1) Is in...


(a) Except as provided in paragraphs (c), (d), and (e) of this section and Sec. 372.65, a person who owns or operates a facility or establishment which: (1) Is in...
...


(a) Availability of reporting form and instructions. The most current version of EPA Form R (EPA Form 9350-1 and subsequent revisions) and the instructions...


(a) Availability of the alternate threshold certification statement and instructions. Availability of the alternate threshold certification statement and instructions is the...


April 16, 1990, whenever any department, agency or instrumentality of the United States enters into any contract for the sale or other transfer of real property which is owned...


by 40 CFR 373.1 applies whenever the United States enters into any contract for the sale or other transfer of real property which is owned by the United States and on...


(a) The name of the hazardous substance; the Chemical Abstracts Services Registry Number (CASRN) where applicable; the regulatory synonym for the...


apply: (a) Hazardous substances means that group of substances defined as hazardous under CERCLA 101(14), and that appear at 40 CFR 302.4. (b) Storage means...


and [[Page 489]] Reauthorization Act of 1986 (SARA), authorizes civil actions by any person to enforce the Act. These civil actions may be brought...


of the Act shall be served by personal service upon, or by certified mail, return receipt requested, addressed to the alleged violator of any standard,...


regulation, condition, requirement, or order (including any provision of an agreement under section 120 of the Act, relating to Federal facilities) which has become...


the Act before sixty (60) days after the plaintiff has served notice of the violation as specified in Sec. 374.2(c). No action may be commenced under subsection...


[Code of Federal Regulations] [Title 40 Volume 25] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR374.5] [Page 491] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 374--PRIOR NOTICE OF CITIZEN SUITS--Table of Contents Sec. 374.5 Copy of complaint. At the time of filing an action under this Act, the plaintiff must provide a copy of the complaint to the Attorney General of the United States and to the Administrator of the Environmental Protection Agency. ...


Region I, U.S. Environmental Protection Agency, John F. Kennedy Building, room 2203, Boston, MA 02203. Regional Administrator, Region II, U.S. Environmental...




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