CFR-2008-title40-vol27.pdf

Parts 300 to 399 Revised as of July 1, 2008

Protection of Environment

Containing a codification of documents of general applicability and future effect

As of July 1, 2008

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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U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos

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It is prohibited to use NARA’s official seal and the stylized Code of Federal Regulations logo on any republication of this material without the express, written permission of the Archivist of the United States or the Archivist’s designee. Any person using NARA’s official seals and logos in a manner inconsistent with the provisions of 36 CFR part 1200 is subject to the penalties specified in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix

This is the Official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of the 0–16 ISBN prefix is for U.S. Government Printing Office Official Edi-tions only. The Superintendent of Documents of the U.S. Govern-ment Printing Office requests that any reprinted edition clearly be labeled as a copy of the authentic work with a new ISBN.

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Table of Contents Page

Explanation ................................................................................................ v

Title 40:

Chapter I—Environmental Protection Agency (Continued)

Finding Aids:

Material Approved for Incorporation by Reference

Table of CFR Titles and Chapters

Alphabetical List of Agencies Appearing in the CFR

List of CFR Sections Affected

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Cite this Code: CFR

To cite the regulations in this volume use title, part and section num-ber. Thus, 40 CFR 300.1 refers to title 40, part 300, section 1.

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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 agen-cies 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 sub-divided 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 deter-mine 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, 2008), 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 Reg-ister 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 usu-ally not the same and care must be exercised by the user in determining the actual effective date. In 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.

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Many agencies have begun publishing numerous OMB control numbers as amend-ments 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, 1986, consult either the List of CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven sep-arate volumes. For the period beginning January 1, 1986, 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 regu-lations in the Federal Register by referring to materials already published else-where. 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 mate-rial 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 pub-lished 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

A subject index to the Code of Federal Regulations is contained in a 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 Reg-ister.

A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.

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REPUBLICATION OF MATERIAL

There are no restrictions on the republication of material appearing in the Code of Federal Regulations.

INQUIRIES

For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd-numbered pages.

For inquiries concerning CFR reference assistance, call 202–741–6000 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408 or e-mail fedreg.info@nara.gov.

SALES

The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area, 202- 512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours a day. For payment by check, write to: US Government Printing Office – New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. For GPO Customer Service call 202-512-1803.

ELECTRONIC SERVICES

The full text of the Code of Federal Regulations, the LSA (List of CFR Sections Affected), The United States Government Manual, the Federal Register, Public Laws, Public Papers, Weekly Compilation of Presidential Documents and the Pri-vacy Act Compilation are available in electronic format at www.gpoaccess.gov/ nara (‘‘GPO Access’’). For more information, contact Electronic Information Dis-semination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888- 293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.

The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.archives.gov/federal-register. The NARA site also con-tains links to GPO Access.

RAYMOND A. MOSLEY,

Director, Office of the Federal Register.

July 1, 2008.

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THIS TITLE

Title 40—PROTECTION OF ENVIRONMENT is composed of thirty-one volumes. The parts in these volumes are arranged in the following order: parts 1–49, parts 50– 51, part 52 (52.01–52.1018), part 52 (52.1019–End), parts 53–59, part 60 (60.1–End), part 60 (Appendices), parts 61–62, part 63 (63.1–63.599), part 63 (63.600–63.1199), part 63 (63.1200–63.1439), part 63 (63.1440–63.6175), part 63 (63.6580–63.8830), part 63 (63.8980– End) parts 64–71, parts 72–80, parts 81–84, part 85–§ 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 codi-fied under this title of the CFR as of July 1, 2008.

Chapter I—Environmental Protection Agency appears in all thirty-one vol-umes. 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 § 9.1 of this chapter.

For this volume, Michele Bugenhagen was Chief Editor. The Code of Federal Regulations publication program is under the direction of Michael L. White, as-sisted by Ann Worley.

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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 302 Designation, reportable quantities, and notifica-tion 303 Citizen awards for information on criminal viola-tions under superfund 304 Arbitration procedures for small superfund cost re-covery claims 305 Comprehensive Environmental Response, Com-pensation, and Liability Act (CERCLA) adminis-trative hearing procedures for claims against the superfund

307 Comprehensive Environmental Response, Com-pensation, and Liability Act (CERCLA) claims procedures

310 Reimbursement to local governments for emer-gency response to hazardous substance releases .. 381

311 Worker protection 312 Innocent landowners, standards for conducting all appropriate inquiry 350 Trade secrecy claims for emergency planning and community right-to-know information: and trade secret disclosures to health professionals ... 404

355 Emergency planning and notification 370 Hazardous chemical reporting: Community right-to-know 372 Toxic chemical release reporting: Community right-to-know 373 Reporting hazardous substance activity when sell-ing or transferring Federal real property

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40 CFR Ch. I (7–1–08 Edition)

Part Page 374 Prior notice of citizen suits 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 POL-

LUTION CONTINGENCY PLAN

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 fed-

eral 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 responsibil-ities.

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 respon-

sibilities and assistance.

300.180 State and local participation in re-

sponse.

300.185 Nongovernmental participation.

Subpart C—Planning and Preparedness

300.200 General.

300.205 Planning and coordination struc-

ture.

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, counter-

measures, 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, op-

eration and maintenance.

300.440 Procedures for planning and imple-

menting 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 en-

forcement negotiations.

300.525 State involvement in removal ac-

tions.

Subpart G—Trustees for Natural Resources

300.600 Designation of federal trustees.

300.605 State trustees.

300.610 Indian tribes.

300.612 Foreign trustees.

300.615 Responsibilities of trustees.

Subpart H—Participation by Other Persons

300.700 Activities by other persons.

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40 CFR Ch. I (7–1–08 Edition) § 300.1

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 re-

medial action.

300.820 Administrative record file for a re-

moval action.

300.825 Record requirements after the deci-

sion 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 Prop-erty by the Government

300.1105 Involuntary acquisition of property

by the government.

APPENDIX A TO PART 300—THE HAZARD RANK-

ING SYSTEM

APPENDIX B TO PART 300—NATIONAL PRIOR-

ITIES LIST

APPENDIX C TO PART 300—SWIRLING FLASK

DISPERSANT EFFECTIVENESS TEST, RE-

VISED STANDARD DISPERSANT TOXICITY

TEST, AND BIOREMEDIATION AGENT EFFEC-

TIVENESS TEST

APPENDIX D TO PART 300—APPROPRIATE AC-

TIONS AND METHODS OF REMEDYING RE-

LEASES

APPENDIX E TO PART 300—OIL SPILL RE-

SPONSE

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.

§ 300.1 Purpose and objectives.

The purpose of the National Oil and

Hazardous Substances Pollution Con-tingency Plan (NCP) is to provide the organizational structure and proce-dures for preparing for and responding to discharges of oil and releases of haz-ardous substances, pollutants, and con-taminants.

§ 300.2 Authority and applicability.

The NCP is required by section 105 of the Comprehensive Environmental Re-sponse, Compensation, and Liability Act of 1980, 42 U.S.C. 9605, as amended by the Superfund Amendments and Re-authorization 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 amend-ed 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 amend-ment 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 Manage-ment Agency (FEMA) and the Nuclear Regulatory Commission in order to avoid inconsistent or duplicative re-quirements 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.

§ 300.3 Scope.

(a) The NCP applies to and is in ef-fect 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 exclu-sive 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

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Environmental Protection Agency § 300.4 discharges of oil and releases of haz-ardous substances, pollutants, and con-taminants in accordance with the au-thorities of CERCLA and the CWA. It provides for:

(1) The national response organiza-tion that may be activated in response actions. It specifies responsibilities among the federal, state, and local gov-ernments and describes resources that are available for response.

(2) The establishment of require-ments for federal, regional, and area contingency plans. It also summarizes state and local emergency planning re-quirements under SARA Title III.

(3) Procedures for undertaking re-moval actions pursuant to section 311 of the CWA.

(4) Procedures for undertaking re-sponse actions pursuant to CERCLA.

(5) Procedures for involving state governments in the initiation, develop-ment, selection, and implementation of response actions, pursuant to CERCLA.

(6) Listing of federal trustees for nat-ural 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 re-movals under the CWA and response actions under CERCLA.

(c) In implementing the NCP, consid-eration shall be given to international assistance plans and agreements, secu-rity regulations and responsibilities based on international agreements, fed-eral statutes, and executive orders. Ac-tions 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 Re-sponse Plan and some or all its Emer-gency Support Functions (ESFs) are activated.

§ 300.4 Abbreviations.

(a) Department and Agency Title Abbre-viations:

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 Ad-ministration RSPA—Research and Special Programs Ad-ministration USCG—United States Coast Guard USDA—United States Department of Agri-culture

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 Appro-priate 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 Com-mittee 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

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40 CFR Ch. I (7–1–08 Edition) § 300.5

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 Commis-sion SI—Site Inspection SMOA—Superfund Memorandum of Agree-ment SONS—Spill of National Significance SSC—Scientific Support Coordinator SUPSALV—United States Navy Supervisor of Salvage USFWS—United States Fish and Wildlife

Service

§ 300.5 Definitions.

Terms not defined in this section have the meaning given by CERCLA, the OPA, or the CWA.

Activation means notification by tele-phone 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 con-trol, and other substantive require-ments, criteria, or limitations promul-gated under federal environmental or state environmental or facility siting laws that specifically address a haz-ardous substance, pollutant, contami-nant, 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 ap-plicable.

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 contin-gency plan for an area designated by the President.

Area contingency plan (ACP) as pro-vided 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 ves-sel, offshore facility, or onshore facil-ity operating in or near an area des-ignated by the President.

Bioremediation agents means micro-biological cultures, enzyme additives, or nutrient additives that are delib-erately introduced into an oil dis-charge and that will significantly in-crease 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 ap-plied.

CERCLA is the Comprehensive Envi-ronmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Re-authorization 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 need-ing to be addressed by the Superfund program. CERCLIS contains the offi-cial inventory of CERCLA sites and supports EPA’s site planning and tracking functions. Sites that EPA de-cides 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 war-rants. Sites given a NFRAP designa-tion 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 nec-essary.

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Environmental Protection Agency § 300.5

Chemical agents means those ele-ments, compounds, or mixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, reduce, solubilize, oxidize, concentrate, con-geal, entrap, fix, make the pollutant mass more rigid or viscous, or other-wise facilitate the mitigation of delete-rious effects or the removal of the pol-lutant from the water. Chemical agents include biological additives, dispersants, sinking agents, miscella-neous 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 dis-charge 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 govern-ment who presents a claim for com-pensation 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 speci-fied ports and harbors on inland rivers.

Coastal zone as defined for the pur-pose 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 sub-ject 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 re-sponse action. Precise boundaries are determined by EPA/USCG agreements and identified in federal regional con-tingency 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 de-partment in which the USCG is oper-ating, 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 pro-gram to inform and encourage public participation in the Superfund process and to respond to community concerns.

The term ‘‘public’’ includes citizens di-rectly affected by the site, other inter-ested citizens or parties, organized groups, elected officials, and poten-tially 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 Conven-tion on the Territorial Sea and Contig-uous 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 in-strument EPA uses to transfer money, property, services, or anything of value to a recipient to accomplish a public purpose in which substantial EPA in-volvement 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 dis-charges in compliance with a permit under section 402 of the CWA, dis-charges 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 contin-uous or anticipated intermittent dis-charges 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 sys-tems. For purposes of the NCP, dis-charge also means substantial threat of discharge.

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Dispersants means those chemical agents that emulsify, disperse, or solu-bilize oil into the water column or pro-mote 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 drink-ing 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 ex-clusive 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 with-in the United States or under the juris-diction of the United States.

Exclusive economic zone, as defined by OPA section 1001, means the zone es-tablished 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 be-tween the United States of America and the Union of Soviet Socialist Re-publics on the Maritime Boundary, signed June 1, 1990.

Facility as defined by section 101(9) of CERCLA, means any building, struc-ture, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, im-poundment, ditch, landfill, storage con-tainer, motor vehicle, rolling stock, or aircraft, or any site or area, where a hazardous substance has been depos-ited, 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 ves-sel) which is used for one or more of the following purposes: Exploring for, drilling for, producing, storing, han-dling, 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 de-velop and evaluate options for remedial action. The FS emphasizes data anal-ysis and is generally performed concur-rently and in an interactive fashion with the remedial investigation (RI), using data gathered during the RI. The RI data are used to define the objec-tives of the response action, to develop remedial action alternatives, and to undertake an initial screening and de-tailed analysis of the alternatives. The term also refers to a report that de-scribes the results of the study.

Federal Radiological Emergency Re-sponse Plan (FRERP) means the inter-agency agreement for coordinating the response of various agencies, under a variety of statutes, to a large radio-logical accident. The Lead Federal Agency (LFA), defined by the FRERP, activates the FRERP for any peace-time radiological emergency which, based upon its professional judgment, is expected to have a significant radio-logical effect within the United States, its territories, possessions, or terri-torial waters and that could require a response by several federal agencies.

Federal Response Plan (FRP) means the agreement signed by 27 federal de-partments 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 Staf-ford Disaster Relief Act of 1988.

First federal official means the first federal representative of a partici-pating agency of the National Response Team to arrive at the scene of a dis-charge or a release. This official co-ordinates 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 agree-ment will act in the stead of the first federal official for any incident at the site.

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Fund or Trust Fund means the Haz-ardous Substance Superfund estab-lished 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 sub-stance releases to cause health or safe-ty problems, or ecological or environ-mental damage.

Hazardous substance as defined by sec-tion 101(14) of CERCLA, means: Any substance designated pursuant to sec-tion 311(b)(2)(A) of the CWA; any ele-ment, compound, mixture, solution, or substance designated pursuant to sec-tion 102 of CERCLA; any hazardous waste having the characteristics iden-tified under or listed pursuant to sec-tion 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 Con-gress); any toxic pollutant listed under section 307(a) of the CWA; any haz-ardous air pollutant listed under sec-tion 112 of the Clean Air Act (42 U.S.C.

7521 et seq.); and any imminently haz-ardous chemical substance or mixture with respect to which the EPA Admin-istrator has taken action pursuant to section 7 of the Toxic Substances Con-trol Act (15 U.S.C. 2601 et seq.). The term does not include petroleum, in-cluding crude oil or any fraction there-of which is not otherwise specifically listed or designated as a hazardous sub-stance in the first sentence of this paragraph, and the term does not in-clude 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 eli-gible for the special programs and serv-ices provided by the United States to Indians because of their status as Indi-ans. ‘‘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 cor-poration, which is recognized as eligi-ble for the special programs and serv-ices provided by the United States to Indians because of their status as Indi-ans 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 fed-eral 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 des-ignated on an incident-by-incident basis for the purpose of preassessment and damage assessment and chosen by the other trustees whose natural re-sources are affected by the incident.

The lead administrative trustee facili-tates effective and efficient commu-nication during response operations be-tween 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 im-plement response actions under the NCP. EPA, the USCG, another federal agency, or a state (or political subdivi-sion of a state) operating pursuant to a contract or cooperative agreement exe-cuted pursuant to section 104(d)(1) of CERCLA, or designated pursuant to a Superfund Memorandum of Agreement (SMOA) entered into pursuant to sub-part F of the NCP or other agreements may be the lead agency for a response action. In the case of a release of a haz-ardous substance, pollutant, or con-taminant, where the release is on, or

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Management of migration means ac-tions that are taken to minimize and mitigate the migration of hazardous substances or pollutants or contami-nants and the effects of such migra-tion. 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, bioremedi-ation agent, burning agent, or sorbent that can be used to enhance oil spill cleanup, removal, treatment, or miti-gation.

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 re-sponse.

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 re-sponse effort required by the size or complexity of the discharge or release.

National Strike Force (NSF) is a spe-cial team established by the USCG, in-cluding the three USCG Strike Teams, the Public Information Assist Team (PIAT), and the National Strike Force Coordination Center. The NSF is avail-able to assist OSCs/RPMs in their pre-paredness and response duties.

National Strike Force Coordination Center (NSFCC), authorized as the Na-tional Response Unit by CWA sections 311(a)(23) and (j)(2), means the entity established by the Secretary of the de-partment in which the USCG is oper-ating at Elizabeth City, North Carolina with responsibilities that include ad-ministration of the USCG Strike Teams, maintenance of response equip-ment inventories and logistic net-works, and conducting a national exer-cise 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, apper-taining to, or otherwise controlled by the United States (including the re-sources of the exclusive economic zone defined by the Magnuson Fishery Con-servation and Management Act of 1976), any state or local government, any for-eign 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 for-eign commerce, including all waters

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(2) Interstate waters, including inter-state wetlands;

(3) All other waters such as intra-state lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, deg-radation, or destruction of which would affect or could affect interstate or for-eign commerce including any such wa-ters;

(i) That are or could be used by inter-state or foreign travelers for rec-reational 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 oth-erwise defined as navigable waters under this section;

(5) Tributaries of waters identified in paragraphs (a) through (d) of this defi-nition, including adjacent wetlands;

and

(6) Wetlands adjacent to waters iden-tified in paragraphs (a) through (e) of this definition: Provided, that waste treatment systems (other than cooling ponds meeting the criteria of this para-graph) 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 facil-ity 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 jurisdic-tion 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.