40 CFR Part 300 — National Oil and Hazardous Substances Pollution Contingency Plan

PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN Authority: 33 U.S.C. 1251 et seq.; 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 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. § 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. § 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 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. § 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 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 SEMS—Superfund Enterprise Management System 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 [59 FR 47416, Sept. 15, 1994, as amended at 79 FR 65592, Nov. 5, 2014] § 300.5 Definitions. Terms not defined in this section have the meaning given by CERCLA, the OPA, or the CWA. Activation Alternative water supplies Applicable requirements Area Committee Area contingency plan Bioaccumulation Bioconcentration Biodegradation Biological agents Bioremediation Bioremediation agents Burning agents CERCLA CERCLIS Chemical agents Claim Claimant Coastal waters Coastal zone Coast Guard District Response Group Community relations Community relations coordinator Contiguous zone Cooperative agreement Damages Discharge Dispersants Drinking water supply et seq. Environment et seq. Exclusive economic zone, Facility Feasibility study Federal Radiological Emergency Response Plan Federal Response Plan et seq. et seq. First federal official Fund Trust Fund Ground water Hazard Ranking System Hazardous substance et seq. et seq. et seq. Herding agents Indian tribe Inland waters, Inland zone Lead administrative trustee Lead agency Management of migration National Pollution Funds Center National Priorities List National response system National Strike Force National Strike Force Coordination Center Natural resources Navigable waters Offshore facility Oil Oil Spill Liability Trust Fund On-scene coordinator Onshore facility On-site Operable unit Operation and maintenance Person Pollutant or contaminant Post-removal site control Preliminary assessment Products Public participation, Public vessel Quality assurance project plan Release et seq. Relevant and appropriate requirements Remedial design Remedial investigation Remedial project manager Remedy or remedial action Remove or removal Removal costs Respond or response Responsible party (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. (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 SEMS Sinking agents Site inspection Size classes (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 (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. Solidifiers Sorbents (1) Natural organic substances ( e.g., (2) Inorganic/mineral compounds ( e.g., (3) Synthetic compounds ( e.g., Source control Source control maintenance measures Specified ports and harbors Spill of national significance State Superfund Memorandum of Agreement Superfund state contract Support agency Support agency coordinator Surface washing agents Tank vessel (1) is a vessel of the United States; (2) operates on the navigable waters; or (3) transfers oil or hazardous material in a place subject to the jurisdiction of the United States. Threat of discharge or release, Threat of release, Treatment technology Trustee United States Vessel Volunteer Worst case discharge 59 FR 47416, Sept. 15, 1994, as amended at 60 FR 16054, Mar. 29, 1995;79 FR 65592, Nov. 5, 2014; 80 FR 37119, June 29, 2015; 83 FR 5209, Feb. 6, 2018; 88 FR 38332, June 12, 2023] § 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. § 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. § 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. § 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; (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 § 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 § 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 § 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: (2) The standard federal regional boundaries (which are also the geographic areas of responsibility for the RRTs) are shown in the following Figure 2: (3) The USCG District boundaries are shown in the following Figure 3: [59 FR 47424, Sept. 15, 1994, as amended at 72 FR 31753, June 8, 2007; 84 FR 56670, Oct. 22, 2019] § 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 § 300.175(b). Each agency shall designate a member to the team and sufficient alternates to ensure representation, as agency resources permit. The NRT will consider requests for membership on the NRT from other agencies. Other agencies may request membership by forwarding such requests to the chair of the NRT. (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 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. § 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 § 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 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 § 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 § 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 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 § 300.110, for advice. § 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 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 § 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 § 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 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. § 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 §§ 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. § 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 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 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. § 300.135 Response operations. (a) The OSC/RPM, consistent with §§ 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 § 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 § 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 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 § 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 § 300.155 of this part. § 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. § 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. (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 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 from oil discharges to the full extent of liability under the law; and (5) Provides funds to initiate natural resource damage assessments. § 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. (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. § 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 §§ 300.415, 300.430, and 300.435 apply to removal, remedial, and enforcement actions and are intended to promote active communication between communities affected by discharges or releases and the lead agency responsible for response actions. Community Relations Plans (CRPs) are required by EPA for certain response actions. The OSC/RPM should ensure coordination with such plans which may be in effect at the scene of a discharge or release or which may need to be developed during follow-up activities. § 300.160 Documentation and 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 § 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 § 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. § 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. § 300.170 Federal agency participation. Federal agencies listed in § 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 Area Committee organizational structure, and the NCP, RCPs and ACPs, described in § 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 § 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. § 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 § 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 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 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. (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 (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. § 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 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. § 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 parts 112 and 118; 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 § 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. [59 FR 47424, Sept. 15, 1994, as amended at 89 FR 21966, Mar. 28, 2024] Subpart C—Planning and Preparedness Source: 59 FR 47440, Sept. 15, 1994, unless otherwise noted. § 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. § 300.205 Planning and coordination structure. (a) National. (b) Regional. (c) Area. (1) Preparing an ACP for their areas (as described in § 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. (e) Local. (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. § 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. (b) Regional Contingency Plans. (c) Area Contingency Plans. (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 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 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. § 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 and 40 CFR part 118; (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. [59 FR 47424, Sept. 15, 1994, as amended at 89 FR 21966, Mar. 28, 2024] § 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 § 300.210(c) and under relevant tank vessel and facility response plans. § 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] § 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. § 300.300 Phase I—Discovery or notification. (a) A discharge of oil may be discovered through: (1) A report submitted by the person in charge of a vessel or facility, in accordance with statutory requirements; (2) Deliberate search by patrols; (3) Random or incidental observation by government agencies or the public; or (4) Other sources. (b) Any person in charge of a vessel or a facility shall, as soon as he or she has knowledge of any discharge from such vessel or 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. § 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 § 300.322(b) of this part. The OSC should declare as expeditiously as practicable to spill response participants that the federal government will direct the response. The OSC may act without regard to any other provision of the law governing contracting procedures or employment of personnel by the federal government in removing or arranging for the removal of such a discharge. (e) The OSC shall ensure that the natural resource trustees are promptly notified in the event of any discharge of oil, to the maximum extent practicable as provided in the Fish and Wildlife and Sensitive Environments Plan annex to the ACP for the area in which the discharge occurs. The OSC and the trustees shall coordinate assessments, evaluations, investigations, and planning with respect to appropriate removal actions. The OSC shall consult with the affected trustees on the appropriate removal action to be taken. The trustees will provide timely advice concerning recommended actions with regard to trustee resources potentially affected. The trustees also will assure that the OSC is informed of their activities in natural resource damage assessment that may affect response operations. The trustees shall assure, through the lead administrative trustee, that all data from the natural resource damage assessment activities that may support more effective operational decisions are provided in a timely manner to the OSC. When circumstances permit, the OSC shall share the use of non-monetary response resources ( i.e. § 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 § 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 on priorities for health or the environment. § 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 § 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. § 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. § 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. i.e. (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. § 300.322 Response to substantial threats to public health or welfare of the United States. (a) As part of the investigation described in § 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: (1) Assess opportunities for the use of various special teams and other assistance described in § 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. § 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). § 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. § 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. (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. § 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. (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. (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. (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 § 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 day for unreasonable failure to comply with the order. The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in § 19.4. (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. on-site (2) Permits, if required, shall be obtained for all response activities conducted off-site. (f) Health assessments. (g) Identification of applicable or relevant and appropriate requirements. (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 may be applicable or relevant and appropriate. For purposes of identification and notification of promulgated state standards, the term promulgated (5) The lead agency and support agency shall identify their specific requirements that are applicable or relevant and appropriate for a particular site. These agencies shall notify each other, in a timely manner as described in § 300.515(d), of the requirements they have determined to be applicable or relevant and appropriate. When identifying a requirement as an ARAR, the lead agency and support agency shall include a citation to the statute or regulation from which the requirement is derived. (6) Notification of ARARs shall be according to procedures and timeframes specified in § 300.515 (d)(2) and (h)(2). (h) Oversight. (i) Other. (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; 89 FR 88656, Nov. 8, 2024] § 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. (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, 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 § 300.415(b), a removal site evaluation shall, as appropriate, be promptly undertaken pursuant to § 300.410. (2) When notification indicates that removal action pursuant to § 300.415(b) is not required, a remedial site evaluation shall, if appropriate, be undertaken by the lead agency pursuant to § 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 §§ 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 § 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] § 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 § 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 § 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. (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. (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 § 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 § 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 § 300.415 is not required, but that remedial action under § 300.430 may be necessary, the lead agency shall, as appropriate, initiate a remedial site evaluation pursuant to § 300.420. [59 FR 47448, Sept. 15, 1994] § 300.411 Response to CWA hazardous substance 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 facility response plan required by CWA section 311(j)(5); (3) Implement the worst case portion of the ACP required by CWA section 311(j)(4); 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 respond to a worst case discharge and mitigate or prevent a substantial threat of such a discharge. [89 FR 21966, Mar. 28, 2024] § 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 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 § 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: (i) Assess opportunities for the use of various special teams and other assistance described in § 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 § 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 federal environmental or state environmental or facility siting laws. Waivers described in § 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 § 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 § 300.165. (n) Community relations in removal actions. (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 § 300.820 in a major local newspaper of general circulation or use one or more other mechanisms to give adequate notice to a community within 60 days of initiation of on-site removal activity; (ii) Provide a public comment period, as appropriate, of not less than 30 days from the time the administrative record file is made available for public inspection, pursuant to § 300.820(b)(2); and (iii) Prepare a written response to significant comments pursuant to § 300.820(b)(3). (3) For 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 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 or use one or more other mechanisms to give adequate notice to a community pursuant to § 300.820; (iii) Provide a reasonable opportunity, not less than 30 calendar days, for submission of written and oral comments after completion of the EE/CA pursuant to § 300.820(a). Upon timely request, the lead agency will extend the public comment period by a minimum of 15 days; and (iv) Prepare a written response to significant comments pursuant to § 300.820(a). [59 FR 47448, Sept. 15, 1994, as amended at 80 FR 17706, Apr. 2, 2015] § 300.420 Remedial site evaluation. (a) General. (b) Remedial preliminary assessment. (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 § 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 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. (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 § 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. [55 FR 8839, Mar. 8, 1990, as amended at 79 FR 65592, Nov. 5, 2014] § 300.425 Establishing remedial priorities. (a) General. (b) National Priorities List. (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. (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. (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 (ii) Publish the final rule in the Federal Register, (6) Releases may be categorized on the NPL when deemed appropriate by EPA. (e) Deletion from the NPL. (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 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 (ii) In a major local newspaper of general circulation at or near the release that is proposed for deletion, publish a notice of availability or use one or more other mechanisms to give adequate notice to a community of the intent to delete; (iii) Place copies of information supporting the proposed deletion in the information repository, described in § 300.430(c)(2)(iii), at or near the release proposed for deletion. These items shall be available for public inspection and copying; and (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. [55 FR 8839, Mar. 8, 1990, as amended at 80 FR 17706, Apr. 2, 2015] § 300.430 Remedial investigation/feasibility study and selection of remedy. (a) General Introduction. (i) Program goal. (ii) Program management principles. (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. (A) EPA expects to use treatment to address the principal threats posed by a site, wherever practicable. Principal threats for which treatment is most likely to be appropriate include liquids, areas contaminated with high concentrations of toxic compounds, and highly mobile materials. (B) EPA expects to use engineering controls, such as containment, for waste that poses a relatively low long-term threat or where treatment is impracticable. (C) EPA expects to use a combination of methods, as appropriate, to achieve protection of human health and the environment. In appropriate site situations, treatment of the principal threats posed by a site, with priority placed on treating waste that is liquid, highly toxic or highly mobile, will be combined with engineering controls (such as containment) and institutional controls, as appropriate, for treatment residuals and untreated waste. (D) EPA expects to use institutional controls such as water use and deed restrictions to supplement engineering controls as appropriate for short- and long-term management to prevent or limit exposure to hazardous substances, pollutants, or contaminants. Institutional controls may be used during the conduct of the remedial investigation/feasibility study (RI/FS) and implementation of the remedial action and, where necessary, as a component of the completed remedy. The use of institutional controls shall not substitute for active response measures (e.g., treatment and/or containment of source material, restoration of ground waters to their beneficial uses) as the sole remedy unless such active measures 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. (b) Scoping. (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 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. (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 (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. (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 § 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. (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 ( 2 −4 −6 −6 ( 3 ( 4 ( 5 (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 § 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 § 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 (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. (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. (ii) Implementability. (iii) Cost. (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. (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. (A) Overall protection of human health and the environment. (B) Compliance with ARARs. (C) Long-term effectiveness and permanence. ( 1 ( 2 (D) Reduction of toxicity, mobility, or volume through treatment. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (E) Short-term effectiveness. ( 1 ( 2 ( 3 ( 4 (F) Implementability. ( 1 ( 2 ( 3 (G) Cost. ( 1 ( 2 ( 3 (H) State acceptance. ( 1 ( 2 (I) Community acceptance. (f) Selection of remedy (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. (B) Primary balancing criteria. (C) Modifying criteria. (ii) The selection of a remedial action is a two-step process and shall proceed in accordance with § 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 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 § 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 § 300.430(f)(1)(ii)(C). ( 1 ( 2 (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 ( 2 ( 3 ( 4 ( 5 ( 6 (D) Each remedial action selected shall be cost-effective, provided that it first satisfies the threshold criteria set forth in § 300.430(f)(1)(ii)(A) and (B). Cost-effectiveness is determined by evaluating the following three of the five balancing criteria noted in § 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 in paragraph (f)(1)(i)(C) of this section shall also be considered. (2) The proposed plan. (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. (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 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. (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. (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. (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; (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. (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. § 300.435 Remedial design/remedial action, operation and maintenance. (a) General. (b) RD/RA activities. (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. (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 § 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 § 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 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. (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 § 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. (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. (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 § 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. § 300.440 Procedures for planning and implementing off-site response actions. (a) Applicability. (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 § 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 § 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 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 Facility compliance. (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. (A) De minimis (B) Releases permitted under Federal programs or under Federal programs delegated to the States (Federally permitted releases are defined in § 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. (B) Other units at RCRA subtitle C land disposal facilities. (C) Other units at RCRA subtitle C treatment, storage, and permit-by-rule facilities. (D) All other facilities. (iii) Releases are considered to be “controlled” for the purpose of this section as provided in § 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 § 300.440(e). (c) Basis for determining acceptability. (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. (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 § 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, 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. (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. (f) Re-evaluating unacceptability. (1) Judgment on the merits. (2) Relevant violations. (3) Releases. (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 § 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 § 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 § 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] Subpart F—State Involvement in Hazardous Substance Response Source: 55 FR 8853, Mar. 8, 1990, unless otherwise noted. § 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 § 300.505 to increase state involvement and strengthen the EPA/state partnership. (b) EPA shall encourage states to participate in Fund-financed response in two ways. Pursuant to § 300.515(a), states may either assume the lead through a cooperative agreement for the response action or may be the support agency in EPA-lead remedial response. Section 300.515 sets forth requirements for state involvement in EPA-lead remedial and enforcement response and also addresses comparable requirements for EPA involvement in state-lead remedial and enforcement response. Section 300.520 specifies requirements for state involvement in EPA-lead enforcement negotiations. Section 300.525 specifies requirements for state involvement in removal actions. In addition to the requirements set forth in this subpart, 40 CFR part 35, subpart O, “Cooperative Agreements and Superfund State Contracts for Superfund Response Actions,” contains further requirements for state participation during response. § 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 § 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 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 § 300.515(h). If the SMOA does not address all of the requirements specified in § 300.515(h), EPA and the state shall comply with any unaddressed requirements in that section. § 300.510 State assurances. (a) A Fund-financed remedial action undertaken pursuant to CERCLA section 104(a) cannot proceed unless a state provides its applicable required assurances. The assurances must be provided by the state prior to the initiation of remedial action pursuant to a Superfund state contract for EPA-lead (or political subdivision-lead) remedial 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 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 § 300.515(g), EPA may share, for any extension period established in § 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 § 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 § 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, § 35.6110(b)(2). [55 FR 8853, Mar. 8, 1990, as amended at 59 FR 35854, July 14, 1994] § 300.515 Requirements for state involvement in remedial and enforcement response. (a) General. (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 § 300.510. (b) Indian tribe involvement during response. (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. (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. (1) In accordance with §§ 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. (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 § 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 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. (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 § 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. (ii) State concurrence on a ROD is not a prerequisite to EPA's selecting a remedy, i.e. (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. (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 § 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. (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 § 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. (h) Requirements for state involvement in absence of SMOA. (1) Annual consultations. (2) Identification of ARARs and TBCs. (3) Support agency review of lead agency documents. (i) Administrative record requirements. § 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. § 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 § 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 § 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. § 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. (2) Secretary of the Interior. (3) Secretary for the land managing agency. (4) Head of authorized agencies. (5) Additional trustees for the Deepwater Horizon Oil Spill. [59 FR 47450, Sept. 15, 1994, as amended at 79 FR 36431, June 27, 2014] § 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 § 300.610 Indian tribes. The tribal chairmen (or heads of the governing bodies) of Indian tribes, as defined in § 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. § 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. § 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 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 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. § 300.700 Activities by other persons. (a) General. (b) Summary of CERCLA authorities. (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. (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 § 300.700(c)(1) will not be considered “inconsistent with the NCP,” and actions under § 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 § 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 (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. (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. (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 § 300.415; (ii) CERCLA section 104(b) activities; and (iii) Remedial actions at National Priorities List sites pursuant to § 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 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. (f) Section 123 reimbursement to local governments. (g) Release From Liability. (h) Oil Pollution Act Claims. Subpart I—Administrative Record for Selection of Response Action Source: 55 FR 8859, Mar. 8, 1990, unless otherwise noted. § 300.800 Establishment of an administrative record. (a) General requirement. (b) Administrative records for federal facilities. (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. (d) Applicability. (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. § 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, computer telecommunications, or other electronic means. [55 FR 8859, Mar. 8, 1990, as amended at 78 FR 16614, Mar. 18, 2013] § 300.810 Contents of the administrative record file. (a) Contents. (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; (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 § 300.815 for remedial actions, or § 300.820 for removal actions. Such documents may include notice of availability of the administrative record file, community relations 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. (c) Privileged documents. (d) Confidential file. § 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 or use one or more other mechanisms to give adequate notice to a community of the availability of the administrative record file. (b) The lead agency shall provide a public comment period as specified in § 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 § 300.430(f)(3) and shall document such compliance in the administrative record. (d) Documents generated or received after the record of decision is signed shall be added to the administrative record file only as provided in § 300.825. [55 FR 8859, Mar. 8, 1990, as amended at 80 FR 17706, Apr. 2, 2015] § 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 or use one or more other mechanisms to give adequate notice to a community of the availability of the administrative record file. (2) The lead agency shall provide a public comment period as specified in § 300.415 so that interested persons may submit comments on the selection of the removal action for inclusion in the administrative record file. The lead agency is encouraged to consider and respond, as appropriate, to 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 § 300.415(m) and shall document compliance with § 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 § 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 or use one or more other mechanisms to give adequate notice to a community of the 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 § 300.825. [55 FR 8859, Mar. 8, 1990, as amended at 80 FR 17706, Apr. 2, 2015] § 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 § 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 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 Chemical and Biological Agents Source: 59 FR 47453, Sept. 15, 1994, unless otherwise noted. § 300.900 General. (a) Section 311(d)(2)(G) of the Clean Water Act (CWA) requires EPA to prepare a schedule identifying dispersants, other chemicals, other spill mitigating devices and substances, if any, that may be used in carrying out the NCP; and the waters and quantities in which they may be used safely. This subpart establishes a schedule that includes the NCP Product Schedule identifying chemical and biological agents, the Sorbents Product List, and the authorization of use procedures that, when taken together, identify the waters and quantities in which such dispersants, other chemicals, or other spill mitigating devices and substances may be used safely. (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 chemical and biological agents as defined in Subpart A of this part, or other substances that may be used to remove, control, or otherwise mitigate oil discharges. (d) [Reserved] [59 FR 47453, Sept. 15, 1994, as amended at 88 FR 38333, June 12, 2023] § 300.910 Authorization for agent use. Use of chemical or biological agents in response to oil discharges must be authorized by the OSC in accordance with the provisions of this section. (a) Use of agents identified on the NCP Product Schedule or use of burning agents on oil discharges addressed by a preauthorization plan. (1) Preauthorization plan development. (2) Preauthorization plan approval. (3) Preauthorization plan reviews. (b) Use of agents identified on the NCP Product Schedule or use of burning agents on oil discharges not addressed by a preauthorization plan. (c) [Reserved] (d) Temporary exception. (e) Prohibited agents or substances. (1) Sinking agents, or any other chemical agent, biological agent, or any substance that is used to directly sink the oil to the bottom of a water body. (2) [Reserved] (f) Storage and use of agents listed on the NCP Product Schedule. (2) The OSC may authorize for use products listed on the NCP Product Schedule that exceed their expiration date after the responsible party or its representative documents and certifies that the expired product has been stored under the conditions provided by the submitter under § 300.915(a)(6) and still meets the applicable efficacy and toxicity listing provisions under § 300.915, based on testing of representative samples within the previous 12 months. (g) Supplemental testing, monitoring, and information. (h) Recovery of chemical agents and other substances from the environment. (i) Reporting of agent use. (2) In support of sections 300.135(n) and 300.155(a) and (b) of this part, the authorizing OSC shall provide for notification to the public, updated during a response as appropriate, the following information on chemical and biological agents used in response to an oil discharge: product name, product category, quantity and concentrations used, duration of use, and location(s) of use. [88 FR 38333, June 12, 2023] § 300.913 Monitoring the use of dispersants. The responsible party shall monitor any subsurface use of dispersant in response to an oil discharge, any surface use of dispersant for more than 96 hours after initial application in response to an oil discharge, and any surface use of dispersant in response to oil discharges of more than 100,000 U.S. gallons occurring within a 24-hour period, and shall submit a Dispersant Monitoring Quality Assurance Project Plan (DMQAPP) covering the collection of environmental data within this section to the OSC. When any dispersant is used subsurface in response to an oil discharge, the responsible party shall implement paragraphs (a) through (g) of this section for the entire duration of the subsurface dispersant use. When any dispersant is used on the surface in response to oil discharges of greater than 100,000 U.S. gallons occurring within a 24-hour period, the responsible party shall implement paragraphs (a) through (g) of this section as soon as possible for the entire or remaining duration of surface dispersant use, as applicable. When any dispersant is used on the surface in response to an oil discharge for more than 96 hours after initial application, the responsible party shall implement paragraphs (a) through (g) of this section for the remaining duration of surface dispersant use. (a) Document: (1) The characteristics of the source oil. (2) The best estimate of the oil discharge volume or flow rate, periodically reevaluated as conditions dictate, including a description of the method, associated uncertainties, and materials. (3) The dispersant used, rationale for dispersant choice(s) including the results of any efficacy and toxicity tests specific to area or site conditions, recommended dispersant-to-oil ratio (DOR). (4) The application method(s) and procedures, including a description of the equipment to be used, hourly application rates, capacities, and total amount of dispersant. (5) For subsurface discharges, the best estimate of the discharge flow rate of any associated volatile petroleum hydrocarbons, periodically reevaluated as conditions dictate, including a description of the method, associated uncertainties, and materials. (b) Collect a representative set of ambient background water column samples in areas not affected by the discharge of oil, at the closest safe distance from the discharge as determined by the OSC, and in all directions of likely oil transport considering surface and subsurface currents. Collect a representative set of baseline water column samples absent dispersant application at such depths and locations affected by the oil discharge, considering surface and subsurface currents, oil properties, and other relevant discharge conditions. On a daily basis, collect dispersed oil plume water column samples at such depths and locations where dispersed oil is likely to be present, considering surface and subsurface currents, oil properties, and other relevant discharge conditions. Collect these ambient background, baseline, and dispersed oil plume water column samples following standard operating and quality assurance procedures. Analyze the collected ambient background, baseline, and dispersed oil plume water column samples for: (1) In-situ oil droplet size distribution, including mass or volume mean diameter for droplet sizes ranging from 2.5 to 2,000 µm, with the majority of data collected between the 2.5 and 100 µm size. (2) In-situ fluorometry and fluorescence signatures targeted to the type of oil discharged and referenced against the source oil. (3) Dissolved oxygen (DO) (subsurface only). (4) Total petroleum hydrocarbons, individual resolvable constituents including volatile organic compounds, aliphatic hydrocarbons, monocyclic, polycyclic, and other aromatic hydrocarbons including alkylated homologs, and hopane and sterane biomarker compounds. (5) Methane, if present (subsurface only). (6) Heavy metals, including nickel and vanadium. (7) Turbidity. (8) Water temperature. (9) pH. (10) Conductivity. (c) Considering available technologies, characterize the dispersant effectiveness and oil distribution including trajectory, accounting for the condition of oil, dispersant, and dispersed oil components from the discharge location, and describing associated uncertainties. (d) Characterize the ecological receptors ( e.g., e.g., (e) Immediately report to the OSC any: (1) Deviation of more than 10 percent from the mean hourly dispersant use rate for subsurface application, based on the dispersant volume authorized for 24 hours use, and the reason for the deviation. (2) Ecological receptors of environmental importance, and any other ecological receptors as identified by the OSC or the Natural Resource Trustees, including any threatened or endangered species that may be exposed based on dispersed plume trajectory modeling and level of concern information. (f) Report daily to the OSC water sampling and data analyses collected in paragraph (b) of this section and include: (1) For each application platform, the actual amount of dispersant used for each one-hour period and the total amount of dispersant used for the previous 24-hour reporting period. (2) All collected data and analyses of those data within a time frame necessary to make operational decisions ( e.g., (3) For analyses that take more than 24 hours due to analytical methods, provide such data and results as available but no later than five days, unless an alternate time frame is authorized by the OSC. (4) Estimates of the daily transport of dispersed oil, non-dispersed oil, the associated volatile petroleum hydrocarbons, and dispersants, using available technology as described in paragraph (c) of this section. (g) Report all information provided to the OSC under paragraphs (e) and (f) of this section to the applicable RRT(s). [86 FR 40263, July 27, 2021] § 300.915 Data and information requirements for listing on the NCP Product Schedule or Sorbent Product List. If you are submitting an application for listing a product to the NCP Product Schedule or Sorbent Product List, you must provide EPA the information required under § 300.955. Technical product data submissions are not required for burning agents. Your submission for each product must contain: (a) General information for any product category. (2) Your identity and documentation of that identity, as the manufacturer of the product, vendor, importer, distributor of the product, and/or a designated agent acting on behalf of the manufacturer. (3) All name(s), brand(s), and/or trademark(s) under which the product is to be sold; (4) Names, physical addresses, emails , (5) The Safety Data Sheet (SDS) for the product; (6) The maximum, minimum, and optimum temperature, humidity, and other relevant conditions for product storage and a brief description of the consequences to performance if the product is not stored within these limits; (7) The anticipated shelf life of the product at the storage conditions noted in paragraph (a)(6) of this section and documentation for this determination; (8) A sample product label for all name(s), brand(s), and/or trademark(s) under which the product is to be sold that includes manufacture and expiration dates, and conditions for storage. You may use an existing label provided it already contains the required dates and storage information; (9) The chemical or biological agent category under which you want the product to be considered for listing on the NCP Product Schedule, including detailed information on the specific process(es) through which the product affects the oil, and the specific environment(s) on which it is intended to be used ( e.g., (10) Recommended product use procedures, including product concentrations, use ratios, types of application equipment, conditions for use, any application restrictions; and, as applicable, procedures for product and oil containment, collection, recovery, and disposal. These procedures must address, as appropriate, variables such as weather, water salinity, water temperature, types and weathering states of oils or other pollutants. The procedures must include supporting documentation and current applicable standard methods used to determine them; (11) Available information on environmental fate, including any known measured data, methodologies, and supporting documentation, on the persistence, bioconcentration factor, bioaccumulation factor, and biodegradability of the product and all of its components in the environment; (12) The physical and chemical properties of the product, as appropriate, and a citation for the current applicable standard methods used to determine them, including: (i) Physical state and appearance; (ii) Vapor pressure; (iii) Flash point; (iv) Pour point; (v) Viscosity; (vi) Specific gravity; (vii) Particle size for solid components; and (viii) pH; (13) The identity and concentration of all components in the product, including each specific component name; corresponding Chemical Abstract Service (CAS) Registry Number; the maximum, minimum, and average weight percent of each component in the product; and the intended function of each component ( e.g., (14) For products that also contain microorganisms, enzymes, and/or nutrients, provide the following along with a citation or a description of the methodology used to determine: (i) The name of all microorganisms by current genus and species, including any reclassifications, and any physical, chemical, or biological manipulation of the genetic composition and the weight percent of each genus in the product; (ii) The name of all enzymes and their International Union of Biochemistry (I.U.B.) number(s); Enzyme Classification (EC) code numbers; the source of each enzyme; units; and specific oil-degrading activity; (iii) The name(s), maximum, minimum, and average weight percent of the nutrients contained in the product; and (iv) Data, methodology, and supporting documentation, for the levels of bacterial, fungal, or viral pathogens or opportunistic pathogens including, but not limited to: enteric bacteria such as Salmonella, Shigella, Staphylococci, Streptococci (15) Data, methodology, and supporting documentation for the levels of the following: (i) Arsenic, cadmium, chromium, copper, lead, mercury, nickel, vanadium, zinc, and any other heavy metal reasonably expected to be in the product; (ii) Cyanide; (iii) Chlorinated hydrocarbons; (iv) Pesticides; (v) Polychlorinated Biphenyls (PCBs); and (vi) Polycyclic aromatic hydrocarbons (PAHs). (16) Certification, including data, methodology, and supporting documentation, indicating that the product does not contain any of the prohibited agents or substances identified in § 300.910(e); (17) Information about the accredited laboratory that conducted the required tests, including: (i) Name of the laboratory, address, contact name, email, and phone number; and (ii) The national and/or international accreditations held by the laboratory that are applicable to the test(s) performed; (18) All test data and calculations, including: (i) Raw data and replicates, including positive controls; (ii) Notes and observations collected during tests; (iii) Calculated mean values and standard deviations; (iv) Reports, including a summary of stock solution preparation; (v) Source and preparation of test organisms; (vi) Test conditions; and (vii) Chain of custody forms; (19) An estimate of the annual product production volume, the average and maximum amount that could be produced per day, and the time frame needed to reach that maximum production rate in days; (20) Recognition received from EPA's Design for the Environment (DfE) or Safer Choice programs, as applicable; and (21) International product testing or use data or certifications, if available, informing the performance capabilities or environmental impacts of the product. (b) Dispersant testing and listing requirements Dispersant efficacy test and listing criteria. 95 (i) ≥70% for Strategic Petroleum Reserve Bryan Mound at 5 °C; (ii) ≥75% for Strategic Petroleum Reserve Bryan Mound at 25 °C; (2) Dispersant toxicity tests and listing criteria. Americamysis bahia Menidia beryllina. Strongylocentrotus purpuratus Arbacia punctulata Americamysis bahia Menidia beryllina. (i) A median lethal concentration (LC 50 (ii) An inhibition concentration for 50% of the test species (IC 50 (iii) A subchronic No Observed Effect Concentration (NOEC) greater than 1 ppm. (3) Limitations. (c) Surface washing agent testing and listing requirements Surface washing agent efficacy test and listing criteria. (2) Surface washing agent toxicity test and listing criteria. Ceriodaphnia dubia Pimephales promelas, Americamysis bahia Menidia beryllina, 50 (3) Limitations. (d) Bioremediation agent testing and listing requirements Bioremediation agent efficacy test and listing criteria. 95 (2) Bioremediation agent toxicity test and listing criteria. 50 (3) Limitations. (4) Generic listing. (e) Solidifier testing and listing requirements. 50 (2) Limitations. (f) Herding agent testing and listing requirements. 50 (2) Limitations. (g) Sorbent requirements. (1) For sorbent products that consist solely of the following materials, or any combination thereof, no technical data are required to be submitted for listing on the Sorbent Product List, and no further action is necessary for use as a sorbent: (i) Feathers, cork, peat moss, and cellulose fibers such as bagasse, corncobs, and straw; (ii) Volcanic ash, perlite, vermiculite, zeolite, and clay; and (iii) Polypropylene, polyethylene, polyurethane, and polyester. (2) If the product consists of one or more natural organic substances, inorganic/mineral compounds, and/or synthetic compounds not specifically identified in paragraph (g)(1) of this section but you believe the product meets the definition of a sorbent then, as applicable under § 300.955(a) and (b), you must submit the following information for consideration for listing it as a sorbent on the Sorbent Product List: (i) The information required under paragraphs (a)(1) through (a)(8), and paragraph (a)(13) through (a)(15) of this section; (ii) The certification required under paragraph (a)(16) of this section; and (iii) Information, including data, to support the claim your product meets the sorbent definition under § 300.5. [88 FR 38334, June 12, 2023] § 300.950 Submission of Proprietary Business Information (PBI). (a) Except as provided in paragraph (b) of this section, all product information submitted to EPA as required under § 300.915 and § 300.955 will be available for public disclosure upon submission, without further notice to the submitter. (b) You may only claim as PBI the concentration; the maximum, minimum, and average weight percent; and the units of each component as identified in § 300.915(a)(13) and (14) and as applicable. EPA will handle such claims in accordance with 40 CFR part 2, subpart B Confidentiality of Business Information. (1) You must make your PBI claim at the time you submit your information to EPA to be listed on the NCP Product Schedule or Sorbent Product List. (2) You must separate the PBI from all other submitted information. Include all PBI separately with your submission package, marking it as “Proprietary Business Information” and placing it in a separate inner envelope labeled with “PROPRIETARY BUSINESS INFORMATION—TO BE OPENED BY THE PRODUCT SCHEDULE MANAGER ONLY.” [88 FR 38336, June 12, 2023] § 300.955 Addition of a product to the NCP Product Schedule or Sorbent ProductLlist. (a) Submission. (b) Package contents. (1) A cover letter on company letterhead signed and dated by you certifying that: (i) All testing was conducted on representative product samples; (ii) Testing was conducted at a nationally or internationally accredited laboratory in accordance with the methods specified in Appendix C to part 300, and other applicable methods as appropriate; and (iii) All test results and product technical data and information are true and accurate. (2) A page numbered Table of Contents showing the information and data submitted under § 300.915(a) through (g), as applicable; (3) All required data and information arranged in the same order as specified in § 300.915(a) through (g); and (4) A separate envelope containing and labeled Proprietary Business Information as specified in § 300.950(b), if applicable. (c) EPA Review. (1) Review the package for completeness and compliance with all data and information requirements in §§ 300.915, 300.950, and this section; verify information; and request clarification or additional information, including testing as necessary; (2) Make a product listing determination based on a technical evaluation of all data and information submitted in accordance with the requirements for each product category, relevant information on impacts or potential impacts of the product or any of its components on human health or the environment, and the intended use of the product; and (3) Notify you in writing of its decision to list the product on the NCP Product Schedule or the Sorbent Product List, or of its decision and supporting rationale to reject the submission. If your submission is rejected: (i) You may revise and resubmit a complete package to address test results, data, or information deficiencies. (ii) EPA's 90-day review will not start until a complete package is resubmitted. (d) Request for review of decision. (1) The EPA Administrator or designee may request additional information from you and may offer an opportunity for you to meet with EPA. (2) The EPA Administrator or designee will notify you in writing of the decision within 60 days of receipt of your request, or within 60 days of receipt of requested additional information. (e) Changes to a product listing Administrative change. (2) Reformulation. (f) Transitioning Listed Products to the New NCP Product Schedule or Sorbent Product List. (1) Bioremediation and Dispersant Agents. (2) Surface Washing Agents, Herding Agents, and Solidifiers (3) Sorbents. [88 FR 38337, June 12, 2023, as amended at 90 FR 51186, Nov. 17, 2025] § 300.965 Mandatory Product Disclaimer. The listing of a product on the NCP Product Schedule does not constitute approval or recommendation of the product. To avoid possible misinterpretation or misrepresentation, any label, advertisement, or technical literature for products listed on the NCP Product Schedule must display in its entirety the disclaimer shown below. The disclaimer must be conspicuous and must be fully reproduced on all product literatures, labels, and electronic media including website pages. Disclaimer [PRODUCT NAME] is listed on the National Contingency Plan (NCP) Product Schedule. This listing does NOT mean that EPA approves, recommends, licenses, or certifies 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 NCP. Only a Federal On-Scene Coordinator (OSC) may authorize use of this product in accordance with Subpart J of the NCP in response to an oil discharge. [88 FR 38337, June 12, 2023] § 300.970 Removal of a product from the NCP Product Schedule or Sorbent Product List. (a) The EPA Administrator or designee may remove your product from the NCP Product Schedule or the Sorbent Product List for reasons including, but not limited to: (1) Statements or information that are misleading, inaccurate, outdated, or incorrect regarding the composition or use of the product to remove or control oil discharges made to any person, or private or public entity, including on labels, advertisements, technical literature, electronic media, or within the product submission to EPA; or (2) Alterations to the components, concentrations, or use conditions of the product without proper notification to EPA as required by § 300.955(e); or (3) Failure to print the disclaimer provided in § 300.965 on all labels, advertisements, technical literature, or electronic media for products listed on the NCP Product Schedule; or (4) New or relevant information not previously considered concerning the impacts or potential impacts of the product to human health or the environment. (b) EPA will notify you in writing, at your address of record, of its reasons for deciding to remove the product from the NCP Product Schedule. If EPA receives no appeal from you in 30 days, the product will be removed from the NCP Product Schedule without further notice to you. (c) You may appeal the decision to remove your product from the NCP Product Schedule within 30 days of receipt of EPA's notification. Your appeal must contain a clear and concise statement with supporting facts and technical analysis demonstrating why the product should not be removed. The EPA Administrator or designee will notify you in writing of the decision within 60 days of your appeal, or within 60 days of receipt of any requested additional information. [88 FR 38337, June 12, 2023] 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. § 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 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 b 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 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. 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. 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 and Subsurface Intrusion Pathway. 5.0.1 Exposure components. 5.1 Soil exposure component. 5.1.0 General considerations. 5.1.1 Resident population threat. 5.1.1.1 Likelihood of exposure. 5.1.1.2 Waste characteristics. 5.1.1.2.1 Toxicity. 5.1.1.2.2 Hazardous waste quantity. 5.1.1.2.3 Calculation of waste characteristics factor category value. 5.1.1.3 Targets. 5.1.1.3.1 Resident individual. 5.1.1.3.2 Resident population. 5.1.1.3.2.1 Level I concentrations. 5.1.1.3.2.2 Level II concentrations. 5.1.1.3.2.3 Calculation of resident population factor value. 5.1.1.3.3 Workers. 5.1.1.3.4 Resources. 5.1.1.3.5 Terrestrial sensitive environments. 5.1.1.3.6 Calculation of resident population targets factor category value. 5.1.1.4 Calculation of resident population threat score. 5.1.2 Nearby population threat. 5.1.2.1 Likelihood of exposure. 5.1.2.1.1 Attractiveness/accessibility. 5.1.2.1.2 Area of contamination. 5.1.2.1.3 Likelihood of exposure factor category value. 5.1.2.2 Waste characteristics. 5.1.2.2.1 Toxicity. 5.1.2.2.2 Hazardous waste quantity. 5.1.2.2.3 Calculation of waste characteristics factor category value. 5.1.2.3 Targets. 5.1.2.3.1 Nearby individual. 5.1.2.3.2 Population within 1 mile. 5.1.2.3.3 Calculation of nearby population targets factor category value. 5.1.2.4 Calculation of nearby population threat score. 5.1.3 Calculation of soil exposure component score. 5.2 Subsurface intrusion component. 5.2.0 General considerations. 5.2.1 Subsurface intrusion component. 5.2.1.1 Likelihood of exposure. 5.2.1.1.1 Observed exposure. 5.2.1.1.2 Potential for exposure. 5.2.1.1.2.1 Structure containment. 5.2.1.1.2.2 Depth to contamination. 5.2.1.1.2.3 Vertical migration. 5.2.1.1.2.4 Vapor migration potential. 5.2.1.1.2.5 Calculation of potential for exposure factor value. 5.2.1.1.3 Calculation of likelihood of exposure factor category value. 5.2.1.2 Waste characteristics. 5.2.1.2.1 Toxicity/degradation. 5.2.1.2.1.1 Toxicity. 5.2.1.2.1.2 Degradation. 5.2.1.2.1.3 Calculation of toxicity/degradation factor value. 5.2.1.2.2 Hazardous waste quantity. 5.2.1.2.3 Calculation of waste characteristics factor category value. 5.2.1.3 Targets. 5.2.1.3.1 Exposed individual. 5.2.1.3.2 Population. 5.2.1.3.2.1 Level I concentrations. 5.2.1.3.2.2 Level II concentrations. 5.2.1.3.2.3 Population within area(s) of subsurface contamination. 5.2.1.3.2.4 Calculation of population factor value. 5.2.1.3.3 Resources. 5.2.1.3.4 Calculation of targets factor category value. 5.2.2 Calculation of subsurface intrusion component score. 5.3 Calculation of the soil exposure and subsurface intrusion 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. 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/observed exposure. 7.1.2 Potential to release/potential for exposure. 7.2 Waste characteristics. 7.2.1 Human toxicity. 7.2.2 Ecosystem toxicity. 7.2.3 Persistence/degradation. 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. 7.3.3 Weighting of targets within an area of subsurface contamination. 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 the soil exposure and subsurface intrusion 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 K ow 4-12 Toxicity/persistence factor values. 4-13 Surface water dilution weights. 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 component scoresheet. 5-2 Hazardous waste quantity evaluation equations for soil exposure component. 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. 5-11 Subsurface intrusion component scoresheet. 5-12 Structure containment. 5-13 Depth to contamination. 5-14 Effective porosity/permeability of geological materials. 5-15 Vertical migration factor values. 5-16 Values for vapor pressure and Henry's constant. 5-17 Vapor migration potential factor values for a hazardous substance. 5-18 Degradation factor value table. 5-19 Hazardous waste quantity evaluation equations for subsurface intrusion component. 5-20 Health-based benchmarks for hazardous substances in the subsurface intrusion component. 5-21 Weighting factor values for populations within an area of subsurface contamination. 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: 50 50 50 50 Ambient Aquatic Life Advisory Concentrations (AALACs): Ambient Water Quality Criteria (AWQC)/National Recommended Water Quality Criteria: Bioconcentration factor (BCF): Biodegradation: CERCLA: Channelized flow: e.g., Chronic toxicity: Contract Laboratory Program (CLP): Contract-Required Detection Limit (CRDL): Contract-Required Quantitation Limit (CRQL): Crawl space: e.g., Curie (Ci): −12 Decay product: Detection Limit (DL): Dilution weight: Distance weight: [unitless]. Distribution coefficient (K d ): ED 10 10 percent effective dose): Food and Drug Administration Action Level (FDAAL): Half-life: Hazardous substance: Hazardous wastestream: HRS “factor”: HRS “factor category”: HRS “migration pathways”: HRS “pathway”: HRS “site score”: Henry's law constant: 3 Hydrolysis: Indoor air: Inhalation Unit Risk (IUR): i.e., 3 Karst: LC 50 lethal concentration, 50 percent 3 50 LD 50 lethal dose, 50 percent 50 Maximum Contaminant Level (MCL): Maximum Contaminant Level Goal (MCLG): Method Detection Limit (MDL): Mixed radioactive and other hazardous substances: National Ambient Air Quality Standards (NAAQS): National Emission Standards for Hazardous Air Pollutants (NESHAPs): Non-Aqueous Phase Liquid (NAPL): Octanol-water partition coefficient (K ow or P ow Organic carbon partition coefficient (K oc ): oc Photolysis: Preferential subsurface intrusion pathways: Radiation: Radioactive decay: Radioactive half-life: Radioactive substance: Radioactivity: Radionuclide/radioisotope: Reference concentration (RfC): Reference dose (RfD): Regularly occupied structures: e.g., Removal action: Roentgen (R): −6 Sample quantitation limit (SQL): Screening concentration: −6 Shallow ground water: Site: Slope factor (also referred to as cancer potency factor): −1 −1 Soil gas: Soil porosity: Source: Subslab: Subsurface intrusion: Target distance limit: Unit risk: i.e., 3 Unsaturated zone: Uranium Mill Tailings Radiation Control Act (UMTRCA) Standards: Vapor pressure: Volatilization: Water solubility: Weight-of-evidence: • 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. Or the descriptors: • Carcinogenic to humans. • Likely to be carcinogenic to humans. • Suggestive evidence of carcinogenic potential. • Inadequate information to assess carcinogenic potential. • Not likely to be carcinogenic to humans. 2.0 Evaluations Common to Multiple Pathways 2.1 Overview. • Ground Water Migration (S gw • Surface Water Migration (S sw • Soil Exposure and Subsurface Intrusion (S sessi • Air Migration (S a The ground water and air migration pathways use single threat evaluations, while the surface water migration and soil exposure and subsurface intrusion 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 components are evaluated for the soil exposure and subsurface intrusion pathway: Soil exposure and subsurface intrusion. The soil exposure component evaluates two threats: Resident population and nearby population, and the subsurface intrusion component is a single threat evaluation. The HRS is structured to provide a parallel evaluation for each of these pathways, components, 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. 2.1.2 Calculation of pathway score. 2.1.3 Common evaluations. • Characterizing sources. —Identifying sources (and, for the soil exposure and subsurface intrusion pathway, areas of observed contamination, areas of observed exposure and/or areas of subsurface contamination [see sections 5.1.0 and 5.2.0]). —Identifying hazardous substances associated with each source (or area of observed contamination, or observed exposure, or subsurface contamination). —Identifying hazardous substances available to a pathway. Table 2-1—Sample Pathway Scoresheet Factor category Maximum value Value 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 7c) 50 8. Population ( b 8a. Level I ( b 8b. Level II ( b 8c. Potential Contamination ( b 8d. Total Population (lines 8a+8b+8c) 9. Resources 5 10. Sensitive Environments ( b 10a. Actual Contamination ( b 10b. Potential Environments ( 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 b • Scoring likelihood of release (or likelihood of exposure) factor category. —Scoring observed release (or observed exposure 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, degradation and/or bioaccumulation (or ecosystem bioaccumulation) potential, as appropriate to the pathway (component 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 and subsurface intrusion 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, component, 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. • Sources (and areas of observed contamination, areas of observed exposure, or areas of subsurface contamination) at the site. • Hazardous substances associated with these sources (or areas of observed contamination, areas of observed exposure, or areas of subsurface contamination). • Pathways potentially threatened by these hazardous substances. Table 2-2 presents a sample worksheet for source characterization. 2.2.1 Identify sources. 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: ____ Area of observed exposure: ____ Area of subsurface contamination: ____ B. Hazardous substances associated with the source. Hazardous substance Available to pathway Air Ground Water Surface Water Soil Exposure/Subsurface Intrusion (SESSI) Gas Particulate Overland/flood GW to SW Soil Subsurface Intrusion Resident Nearby Area of Area of 2.2.2 Identify hazardous substances associated with a source. For an area of observed contamination in the soil exposure component of the soil exposure and subsurface intrusion pathway, consider only those hazardous substances that meet the criteria for observed contamination for that area (see section 5.1.0) to be associated with that area when evaluating the pathway. For an area of observed exposure or area of subsurface contamination (see section 5.2.0) in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, consider only those hazardous substances that: • Meet the criteria for observed exposure, or • Meet the criteria for observed release in an area of subsurface contamination and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 − 5 3 • Meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 − 5 3 2.2.3 Identify hazardous substances available to a 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 and subsurface intrusion pathway, consider the following hazardous substances available to the pathway: • Soil exposure component—resident population threat. —All hazardous substances that meet the criteria for observed contamination at the site (see section 5.1.0). • Soil exposure component—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 5.1.2.1.1). • Subsurface intrusion component. —All hazardous substances that meet the criteria for observed exposure at the site (see section 5.2.0). —All hazardous substances with a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 − 5 3 —All hazardous substances that meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure (see section 5.2.0). 2.3 Likelihood of release. 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 component and for establishing areas of observed exposure and areas of subsurface contamination in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, see section 5.1.0 and section 5.2.0). 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 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. 2.4.1 Selection of substance potentially posing greatest hazard. 2.4.1.1 Toxicity factor. 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 for all exposure routes except inhalation. Use inhalation unit risk (IUR) for inhalation exposure. If an inhalation unit risk or a slope factor is not available for a substance, use its ED 10 • Noncancer toxicological responses of chronic exposure—use reference dose (RfD) or reference concentration (RfC) values as applicable. • Noncancer toxicological responses of acute exposure—use acute toxicity parameters, such as the LD 50 Assign human toxicity factor values to a hazardous substance using Table 2-4, as follows: • If RfD/RfC and slope factor/inhalation unit risk values are 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/RfC or slope factor/inhalation unit risk 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/RfC or slope factor/inhalation unit risk). • If neither an RfD/RfC nor slope factor/inhalation unit risk 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/RfC and slope factor/IUR values are not available. • If neither an RfD/RfC, nor slope factor/inhalation unit risk, 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 Assigned Chronic Toxicity (Human) Reference dose (RfD) (mg/kg-day): 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 Reference concentration (RfC) (mg/m 3 RfC < 0.0001 10,000 0.0001 ≤ RfC < 0.006 1,000 0.006 ≤ RfC < 0.2 100 0.2 ≤ RfC < 2.0 10 2.0 ≤ RfC 1 RfC not available 0 Carcinogenicity (human) A or Carcinogenic to humans B or Likely to be carcinogenic C or Suggestive evidence of Assigned Weight-of-evidence a /Slope factor (mg/kg-day) −1 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 Weight-of-evidence a /Inhalation unit risk (µg/m 3 ) 0.00004 ≤ IUR c 0.0004 ≤ IUR 0.004 ≤ IUR 10,000 0.00001 ≤ IUR < 0.00004 0.0001 ≤ IUR < 0.0004 0.001 ≤ IUR < 0.004 1,000 IUR < 0.00001 0.00001 ≤ IUR < 0.0001 0.0001 ≤ IUR < 0.001 100 < 0.00001 IUR < 0.0001 10 Inhalation unit risk not available Inhalation unit risk not available Inhalation unit risk not available 0 a b c Acute Toxicity (human) Oral LD 50 Dermal LD 50 Dust or mist LC 50 Gas or vapor LC 50 Assigned value LD 50 LD 50 LC 50 LC 50 1,000 5 ≤ LD 50 2 ≤ LD 50 0.2 ≤ LC 50 20 ≤ LC 50 100 50 ≤ LD 50 20 ≤ LD 50 2 ≤ LC 50 200 ≤ LC 50 10 500 ≤ LD 50 200 ≤ LD 50 20 ≤ LC 50 2,000 ≤ LC 50 1 LD 50 LD 50 LC 50 LC 50 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. • 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 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 and subsurface intrusion pathway, determine toxicity and toxicity/degradation factor values as follows: • Soil exposure and subsurface intrusion—soil exposure component. —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 (see section 5.1.1.2.1). • Soil exposure and subsurface intrusion—subsurface intrusion component. —Determine a combined human toxicity/degradation factor value for each hazardous substance being evaluated that: ▪ Meets the criteria for observed exposure, or ▪ Meets the criteria for observed release in an area of subsurface contamination and has a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 3 ▪ Meets the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and has a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 3 —Select the hazardous substance with the highest combined factor value and use that substance in evaluating the waste characteristics factor category (see sections 5.2.1.2.1 and 5.2.1.2). 2.4.2 Hazardous waste quantity. 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 component of the soil exposure and subsurface intrusion 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 component of the soil exposure and subsurface intrusion pathway. In evaluating the hazardous waste quantity factor for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, allocate to each area of observed exposure or area of subsurface contamination only those hazardous substances and hazardous wastestreams that contain hazardous substances that: • Meet the criteria for observed exposure, or • Meet the criteria for observed release in an area of subsurface contamination and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 3 • Meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 3 Do not consider other hazardous substances or hazardous wastestreams at the site in evaluating this factor for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway. When determining the hazardous waste quantity for multi-subunit structures, use the procedures identified in section 5.2.1.2.2. 2.4.2.1 Source hazardous waste quantity. For the soil exposure component of the soil exposure and subsurface intrusion pathway, assign a source hazardous waste quantity value to each area of observed contamination, as applicable to the threat being evaluated. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, assign a source hazardous waste quantity value to each regularly occupied structure within an area of observed exposure or an area of subsurface contamination that has a structure containment factor value greater than 0. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion into a regularly occupied structure located within an area of subsurface contamination, that structure can be excluded from the area of subsurface contamination. For determining all hazardous waste quantity calculations except for an unallocated source or an area of subsurface contamination, evaluate 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. For an area of subsurface contamination, evaluate non-radioactive hazardous substances using only the last two measures and evaluate radioactive hazardous substances using hazardous wastestream quantity only. See also section 7.0 regarding the evaluation of radioactive substances. 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. • 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., —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: • 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 and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value using the Tier A equation of Table 5-2 (section 5.1.1.2.2). • For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign the area of observed exposure a value using the Tier A equation of Table 5-19 (section 5.2.1.2.2). If the hazardous constituent quantity for the source (or area of observed contamination or area of observed exposure) 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 or area of observed exposure] 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 or area of observed exposure) 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 or area of observed exposure) 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 Tier Measure Units Equation a A Hazardous constituent quantity (C) lb C. B b Hazardous wastestream quantity (W) lb W/5,000. C b Volume (V) Landfill yd 3 V/2,500. Surface impoundment yd 3 V/2.5. Surface impoundment (buried/backfilled) yd 3 V/2.5. Drums c gallon V/500. Tanks and containers other than drums yd 3 V/2.5. 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 (buried/backfilled) ft 2 A/13. Land treatment ft 2 A/270. Pile d ft 2 A/13. Contaminated soil ft 2 A/34,000. a b c d 2.4.2.1.2 Hazardous wastestream quantity. 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 and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value using the Tier B equation of Table 5-2 (section 5.1.1.2.2). • For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign the area of observed exposure a value using the Tier B equation of Table 5-19 (section 5.2.1.2.2). 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 or area of observed exposure) 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. 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 and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value for volume using the appropriate Tier C equation of Table 5-2 (section 5.1.1.2.2). • For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign the value based on the volume of the regularly occupied structures within the area of observed exposure or area of subsurface contamination using the Tier C equation of Table 5-19 (section 5.2.1.2.2). If the volume of the source (or volume of the area of observed contamination, area of observed exposure, or area of subsurface 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 and subsurface intrusion pathway), assign the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination) a value of 0 for the volume measure and proceed to section 2.4.2.1.4. 2.4.2.1.4 Area. • 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 and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value for area using the appropriate Tier D equation of Table 5-2 (section 5.1.1.2.2). • For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign a value based on the area of regularly occupied structures within the area of observed exposure or area of subsurface contamination using the Tier D equation of Table 5-19 (section 5.2.1.2.2). 2.4.2.1.5 Calculation of source hazardous waste quantity value. 2.4.2.2 Calculation of hazardous waste quantity factor value. Table 2-6—Hazardous Waste Quantity Factor Values Hazardous waste quantity value Assigned value 0 0 1 a 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 b 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 component of the soil exposure and subsurface intrusion 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. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if the hazardous constituent quantity is adequately determined for all areas of observed exposure, 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 exposure, assign either the value from Table 2-6 or assign a factor value as follows: • If any target for the subsurface intrusion component 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 this component. • If none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and if there has been a removal or other temporary response action that does not permanently interrupt target exposure form subsurface intrusion, assign a factor value as follows: —Determine the values from Table 2-6 with and without consideration of the removal or other temporary response action. —If the value that would be assigned from Table 2-6 without consideration of the removal or other temporary response 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 component. —If the value that would be assigned from Table 2-6 without consideration of the removal or other temporary response action would be less than 100, assign a value of 10 as the hazardous waste quantity factor value for the component. • Otherwise, if none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and there has not been a removal action, assign a value from Table 2-6 or a value of 10, whichever is greater. 2.4.3 Waste characteristics factor category value. 2.4.3.1 Factor category value. 8 Table 2-7—Waste Characteristics Factor Category Values Waste characteristics product Assigned 0 0 Greater than 0 to less than 10 1 10 to less than 1x10 2 2 1x10 2 3 3 1x10 3 4 6 1x10 4 5 10 1x10 5 6 18 1x10 6 7 32 1x10 7 8 56 1x10 8 9 100 1x10 9 10 180 1x10 10 11 320 1x10 11 12 560 1x10 12 1,000 2.4.3.2 Factor category value, considering bioaccumulation potential. • 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. • Individual (factor name varies by pathway, component, and threat). • Human population. • Resources (these vary by pathway, component, and threat). • Sensitive environments (included for the surface water migration pathway, air migration pathway, and soil exposure component of the soil exposure and subsurface intrusion pathway). 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 or observed exposure) 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 or observed exposure) 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 or observed exposure) 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 or observed exposures based on direct observation, assign Level II to targets as specified in sections 3, 4, 5, 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 (component or threat), evaluate the target using Level I concentrations for that pathway (component 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, component 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 unless reduced by a distance or dilution weight appropriate to the pathway. Assign factor values for population and sensitive environments as follows: • Sum Level I targets and multiply by 10. (Level I is not used for sensitive environments in the soil exposure component of the soil exposure and subsurface intrusion and air migration pathways.) • Sum Level II targets. • Multiply potential targets in all but the soil exposure and subsurface intrusion pathway 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. For targets within an area of subsurface contamination in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, multiply by a weighting factor as directed in section 5.2.1.3.2.3. • 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. • Select the benchmarks applicable to the pathway (component or threat) being evaluated. • Compare the concentrations of hazardous substances in the sample (or comparable samples) to their benchmark concentrations for the pathway (component 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 (component 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 or observed exposure) 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. • 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/National Recommended Water Quality Criteria) 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 • Screening concentration for noncancer toxicological responses corresponding to the RfC for inhalation exposures (air migration pathway and subsurface intrusion component of the soil exposure and subsurface intrusion pathway) or RfD for oral exposures (ground water migration pathway; drinking water and human food chain threats in surface water migration pathway; and soil exposure and subsurface intrusion pathway). Select the benchmark(s) applicable to the pathway (component 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 (component 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 or observed exposure) 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 or observed exposure) 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. For those hazardous substances that are carcinogens (that is, those having either a carcinogen weight-of-evidence classification of A, B, or C or a weight-of-evidence classification of carcinogenic to humans, likely to be carcinogenic to humans, or suggestive evidence of carcinogenic potential), calculate an index I for the sample location as follows: Where: C i SC i −6 n = Number of applicable hazardous substances in sample (or comparable samples) that are carcinogens and for which an SC i For those hazardous substances for which an RfD or RfC is available, calculate an index J for the sample location as follows: Where: C j CR j m = Number of applicable hazardous substances in sample (or comparable samples) for which a CR j If either I or J equals or exceeds 1, consider the sampling location to be subject to Level I concentrations for that pathway (component 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 (component 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 (S gw 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. 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 2a(2b + 2c + 2d)] 500 ______ 3. Likelihood of Release (higher of lines 1 and 2e) 550 ______ 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 × 6 × 11) / 82,500] c 100 ______ Ground Water Migration Pathway Score: 13. Pathway Score (S gw c 100 ______ a b c 3.0.1 General considerations 3.0.1.1 Ground water target distance limit. 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. 3.0.1.2.1 Aquifer interconnections. 3.0.1.2.2 Aquifer discontinuities. 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. 3.1 Likelihood of release. 3.1.1 Observed release. • 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. 3.1.2.1 Containment. 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. • 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 from source area ( i.e. 10 No liner 10 No evidence of hazardous substance migration from source area, a liner, and: (a) None of the following present: (1) 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 10 (b) Any one of the three items in (a) present 9 (c) Any two of the items in (a) present 7 (d) All three items in (a) present plus a functioning ground water monitoring system 5 (e) All items in (d) present, plus no bulk or non-containerized liquids nor materials containing free liquids deposited in source area 3 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 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 3 (g) None of the deficiencies in (f) present 0 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 0 Surface Impoundment Evidence of hazardous substance migration from surface impoundment 10 No liner 10 Free liquids present with either no diking, unsound diking, or diking that is not regularly inspected and maintained 10 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 collection and removal system below liner, and functioning ground water monitoring system 5 (c) Double liner with functioning leachate collection and removal system between liners, and functioning ground water monitoring system 3 No evidence of hazardous substance migration from surface impoundment and all free liquids eliminated at closure (either by removal of liquids or solidification of remaining wastes and waste residues) Evaluate using All sources Land Treatment Evidence of hazardous substance migration from land treatment zone 10 No functioning, maintained, run-on control and runoff management system 10 No evidence of hazardous substance migration from land treatment zone and: (a) Functioning and maintained run-on control and runoff management system 7 (b) Functioning and maintained run-on control and runoff management system, and vegetative cover established over entire land treatment area 5 (c) Land treatment area maintained in compliance with 40 CFR 264.280 0 Containers All containers buried Evaluate using All sources Evidence of hazardous substance migration from container area ( i.e. 10 No liner (or no essentially impervious base) under container area. 10 No diking (or no similar structure) surrounding container area 10 Diking surrounding container area unsound or not regularly inspected and maintained 10 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 base) under container area 9 (b) Essentially impervious base under container area with liquids collection and removal system 7 (c) Containment system includes 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 5 (d) Free liquids present, containment 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 5 (e) Same as (d) except: double liner under container area with functioning leachate collection and removal system between liners 3 Containers inside or under maintained 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 0 No evidence of hazardous substance migration from container area, containers leaking, and all free liquids eliminated at closure (either by removal of liquid or solidification of remaining wastes and waste residues) Evaluate using All sources Tank Below-ground tank Evaluate using All sources Evidence of hazardous substance migration from tank area ( i.e. 10 Tank and ancillary equipment not provided with secondary containment (e.g., liner under tank area, vault system, double wall) 10 No diking (or no similar structure) surrounding tank and ancillary equipment 10 Diking surrounding tank and ancillary equipment unsound or not regularly inspected and maintained 10 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 with secondary containment 9 (b) Tank and ancillary equipment provided with secondary containment with leak detection and collection system 7 (c) Tank and ancillary equipment 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 5 (d) Containment system has sufficient 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 5 (e) Same as (d) except: double liner under tank containment area with functioning leachate collection and removal system between liners 3 Tank is above ground, and inside or under 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 0 -When measured monthly evapotranspiration is not available, calculate monthly potential evapotranspiration (E i E i i i a where: E i F i T i a = 6.75 × 10 −7 3 −5 2 1.79 × 10 −2 Select the latitude adjusting value for each month from table 3-3. For latitudes lower than 50° North or 20° 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 b Month Jan. Feb. March April May June July August Sept. Oct. Nov. Dec. ≥50 N 0.74 0.78 1.02 1.15 1.33 1.36 1.37 1.25 1.06 0.92 0.76 0.70 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 b Table 3-4—Net Precipitation Factor Values Net precipitation (inches) Assigned 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. 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 Depth to aquifer a Assigned value Less than or equal to 25 5 Greater than 25 to 250 3 Greater than 250 1 a 3.1.2.4 Travel time. • 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. 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 Type of material Assigned hydraulic conductivity a Clay; low permeability till (compact unfractured till); shale; unfractured metamorphic and igneous rocks 10 −8 Silt; loesses; silty clays; sediments that are 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 10 −6 Sands; sandy silts; sediments that are predominantly 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 10 −4 Gravel; clean sand; highly permeable fractured igneous and metamorphic rocks; permeable basalt; karst limestones and dolomites 10 −2 a Table 3-7—Travel Time Factor Values a Hydraulic conductivity (cm/sec) Thickness of lowest hydraulic conductivity layer(s) b Greater than 3 to 5 Greater than 5 to 100 Greater than 100 to 500 Greater than 500 Greater than or equal to 10 −3 35 35 35 25 Less than 10 −3 −5 35 25 15 15 Less than 10 −5 −7 15 15 5 5 Less than 10 −7 5 5 1 1 a b 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. 3.1.3 Calculation of likelihood of release factor category value. 3.2 Waste characteristics. • 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). 3.2.1 Toxicity/mobility. 3.2.1.1 Toxicity. 3.2.1.2 Mobility. • 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 (K d • 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 Water solubility (mg/l) Distribution coefficient (K d Karst c ≤10 >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 2 × 10 −5 Greater than 0.01 to 1 0.002 0.002 2 × 10 −5 2 × 10 −7 Less than or equal to 0.01 2 × 10 −5 2 × 10 −5 2 × 10 −7 2 × 10 −9 a b c • 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, 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 K d K d oc s where: K oc f s -Use f s d -Calculate the geometric mean of the upper and lower K d 3.2.1.3 Calculation of toxicity/mobility factor value. Table 3-9—Toxicity/Mobility Factor Values a Mobility factor value Toxicity 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 1 × 10 −4 0 2 × 10 −5 0.2 0.02 0.002 2 × 10 −4 2 × 10 −5 0 2 × 10 −7 0.002 2 × 10 −4 2 × 10 −5 2 × 10 −6 2 × 10 −7 0 2 × 10 −9 2 × 10 −5 2 × 10 −6 2 × 10 −7 2 × 10 −8 2 × 10 −9 0 a 3.2.2 Hazardous waste quantity. 3.2.3 Calculation of waste characteristics factor category value. 8 3.3 Targets. 3.3.1 Nearest well. 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 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 • Screening concentration for noncancer toxicological responses corresponding to the Reference Dose (RfD) for oral exposures. Table 3-11—Nearest Well Factor Values Distance from source (miles) Assigned value Level I concentrations a 50 Level II concentrations a 45 0 to 1 4 20 Greater than 1 4 1 2 18 Greater than 1 2 9 Greater than 1 to 2 5 Greater than 2 to 3 3 Greater than 3 to 4 2 Greater than 4 0 a 3.3.2 Population. 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. 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 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. 3.3.2.3 Level II concentrations. 3.3.2.4 Potential contamination. 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 Distance category (miles) Number of people within the distance category 0 1 to 10 11 to 30 31 to 100 101 to 300 301 to 1,000 1,001 to 3,000 3,001 to 10,000 10,001 to 30,000 30,001 to 100,000 100,001 to 300,000 300,001 to 1,000,000 1,000,001 to 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 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 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 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 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 b c -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. -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: where: W i K 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. 3.3.3 Resources. 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. 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. 3.4 Ground water migration score for an aquifer. 3.5 Calculation of ground water migration pathway score. gw 4.0 Surface Water Migration Pathway 4.0.1 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 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. 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. 4.1.1 General considerations. 4.1.1.1 Definition of hazardous substance migration path for overland/flood migration component. • 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. • 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: • 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. Determine the overland/flood migration component score (S of where: LR i WC i T 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. 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 3a × 3b) 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 5 × 8 × 12]/82,500, subject to a maximum of 100) 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 14 × 17 × 20]/82,500, subject to a maximum of 100) 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 22 × 25 × 27]/82,500, subject to a maximum of 60) 60 ______ Surface Water Overland/Flood Migration Component Score for a Watershed 29. Watershed Score c 100 ______ Surface Water Overland/Flood Migration Component Score 30. Component Score (S of c 100 ______ a b c 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. 4.1.2.1 Drinking water threat—likelihood of release. 4.1.2.1.1 Observed release. • 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. 4.1.2.1.2.1 Potential to release by overland flow. 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. • If one or more sources is located in surface water in the watershed (for example, intact sealed drums in surface water), assign 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. 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 source area ( i.e. 10 No evidence of hazardous substance migration from source area and: (a) Neither of the following present: (1) maintained engineered cover, or (2) functioning and maintained run-on control system and runoff management system 10 (b) Any one of the two items in (a) present 9 (c) Any two of the following present: (1) 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 7 (d) All items in (c) present 5 (e) All items in (c) present, plus no bulk or non-containerized liquids nor materials containing free liquids deposited in source area. 3 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 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 3 (g) None of the deficiencies in (f) present. 0 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 from surface impoundment 10 Free liquids present with either no diking, unsound diking, or diking that is not regularly inspected and maintained 10 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 collection and removal system below liner 5 (d) Double liner with functioning leachate collection and removal system between liners 3 No evidence of hazardous substance migration from surface impoundment and all free liquids eliminated at closure (either by removal of liquids or solidification of remaining wastes and waste residues) Evaluate using All Sources Land Treatment Evidence of hazardous substance migration from land treatment zone 10 No functioning and maintained run-on control and runoff management system 10 No evidence of hazardous substance migration from land treatment zone and: (a) Functioning and maintained run-on control and runoff management system 7 (b) Functioning and maintained run-on control and runoff management system, and vegetative cover established over entire land treatment area 5 (c) Land treatment area maintained in compliance with 40 CFR 264.280 0 Containers All containers buried Evaluate using All Sources Evidence of hazardous substance migration from container area ( i.e. 10 No diking (or no similar structure) surrounding container area 10 Diking surrounding container area unsound or not regularly inspected and maintained 10 No evidence of hazardous substance migration from container area and container area surrounded by sound diking that is regularly inspected and maintained 9 No evidence of hazardous substance migration from container area, container area surrounded by sound diking that is regularly inspected and maintained, and: 9 (a) Essentially impervious base under container area with liquids collection and removal system 7 (b) Containment system includes essentially 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 5 (c) Free liquids present, containment 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 5 (d) Same as (c) except: double liner under container area with functioning leachate collection and removal system between liners 3 Containers inside or under maintained 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-on control present 0 No evidence of hazardous substance migration from container area, containers leaking, and all free liquids eliminated at closure (either by removal of liquids or solidification of remaining wastes and waste residues) Evaluate using All Sources criteria (with no bulk or free liquids deposited). Tank Below-ground tank Evaluate using All Sources criteria Evidence of hazardous substance migration from tank area ( i.e. 10 No diking (or no similar structure) surrounding tank and ancillary equipment 10 Diking surrounding tank and ancillary equipment unsound or not regularly inspected and maintained 10 No evidence of hazardous substance migration from tank area and tank and ancillary equipment surrounded by sound diking that is regularly inspected and maintained 9 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 with secondary containment (e.g., liner under tank area, vault system, double-wall) with leak detection and collection system 7 (b) Tank and ancillary equipment 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 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 5 (c) Containment system has sufficient 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 5 (d) Same as (c) except: double liner under tank containment area with functioning leachate collection and removal system between liners 3 Tank is above ground, and inside or under 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 0 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-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 Drainage area (acres) Assigned 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 infiltration rates (for example, sands, loamy sands) A Medium-textured soils with moderate infiltration rates (for example, sandy loams, loams) B Moderately fine-textured soils with low infiltration rates (for example, silty loams, silts, sandy clay loams) C Fine-textured soils with very low infiltration rates (for example, clays, sandy clays, silty clay loams, clay loams, silty clays); or impermeable surfaces (for example, pavement) D Table 4-5—Rainfall/Runoff Values 2-Year, 24-hour rainfall (inches) Soil group designation 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 Drainage area value Rainfall/runoff 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. 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. Table 4-7—Distance to Surface Water Factor Values Distance Assigned 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 Containment criteria Assigned value Documentation that containment at the source is designed, constructed, operated, and maintained to prevent a washout of hazardous substances by the flood being evaluated 0 Other 10 Table 4-9—Flood Frequency Factor Values Floodplain category Assigned 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. 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. • 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. 4.1.2.2.1.1 Toxicity. 4.1.2.2.1.2 Persistence. ow Estimate the half-life (t 1/2 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 Surface water category Substance half-life (days) Assigned value a Rivers, oceans, coastal tidal waters, and Great Lakes Less than or equal to 0.2 0.0007 Lakes Less than or equal to 0.02 0.0007 a 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 K ow Table 4-11—Persistence Factor Values—Log K ow Log K ow Assigned 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 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. 8 Table 4-12—Toxicity/Persistence Factor Values a Persistence factor value Toxicity 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 4.1.2.3 Drinking water threat-targets. 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. 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. 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 weight b Descriptor Flow characteristics 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 cfs 0.0001 Very large river Greater than 100,000 cfs 0.00001 Coastal tidal waters d Flow not applicable, depth not applicable 0.0001 Shallow ocean zone e Flow not applicable, depth less than 20 feet 0.0001 Moderate depth ocean zone e Flow not applicable, depth 20 to 200 feet 0.00001 Deep ocean zone e Flow not applicable, depth greater than 200 feet 0.000005 3-mile mixing zone in quiet flowing river 10 cfs or greater 0.5 a b c d e • 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 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. 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. 4.1.2.3.2.3 Level II concentrations. 4.1.2.3.2.4 Potential contamination. Table 4-14—Dilution-Weighted Population Values for Potential Contamination Factor For Surface Water Migration Pathway a Type of surface water body b Number of people 0 1 to 10 11 to 30 31 to 100 101 to 300 301 to 1,000 1,001 to 3,000 3,001 to 10,000 10,001 to 30,000 30,001 to 100,000 100,001 to 300,000 300,001 to 1,000,000 1,000,001 to 3,000,000 3,000,001 to 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 1,000 cfs) 0 0.04 0.2 0.5 2 5 16 52 163 521 1,633 5,214 16,325 52,136 Large stream to river (>1,000 to 10,000 cfs) 0 0.004 0.02 0.05 0.2 0.5 2 5 16 52 163 521 1,632 5,214 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 feet) 0 0 0.002 0.005 0.02 0.05 0.2 0.5 2 5 16 52 163 521 Moderate ocean zone or Great Lake (depth 20 to 200 feet) 0 0 0 0.001 0.002 0.005 0.02 0.05 0.2 0.5 2 5 16 52 Deep ocean zone or Great Lakes (depth >200 feet) 0 0 0 0 0.001 0.003 0.008 0.03 0.08 0.3 1 3 8 26 3-mile mixing zone in quiet flowing river (≥10 cfs) 0 2 9 26 82 261 817 2,607 8,163 26,068 81,623 260,680 816,227 2,606,795 a b 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: where: W 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. 4.1.2.3.3 Resources. 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. 4.1.2.4 Calculation of the drinking water threat score for a watershed. 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. 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. • Bioconcentration factor (BCF) data. • Logarithm of the n-octanol-water partition coefficient (log K ow • Water solubility data. 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 K ow ow ow 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 BCF Assigned 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 K ow Log K ow Assigned 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 K ow ow Table 4-15—Bioaccumulation Potential Factor Values a Water solubility (mg/l) Assigned 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 b Do not distinguish between fresh water and salt water in assigning the bioaccumulation potential factor value based on log K ow 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. Table 4-16—Toxicity/Persistence/Bioaccumulation Factor Values a Toxicity persistence factor value Bioaccumulation potential factor value 50,000 5,000 500 50 5 0.5 10,000 5 × 10 8 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 4,000 2 × 10 8 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 1,000 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 700 3.5 × 10 7 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 400 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 100 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 50 70 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 35 40 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 20 10 5 × 10 5 5 × 10 4 5,000 500 50 5 7 3.5 × 10 5 3.5 × 10 4 3,500 350 35 3.5 4 2 × 10 5 2 × 10 4 2,000 200 20 2 1 5 × 10 4 5,000 500 50 5 0.5 0.7 3.5 × 10 4 3,500 350 35 3.5 0.35 0.4 2 × 10 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 4.1.3.2.2 Hazardous waste quantity. 4.1.3.2.3 Calculation of human food chain threat-waste characteristics factor category value. 8 12 4.1.3.3 Human food chain threat-targets. 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 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 • Screening concentration for noncancer toxicological responses corresponding to the Reference Dose (RfD) for oral exposures. 4.1.3.3.1 Food chain individual. • 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. 4.1.3.3.2.1 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 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. 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 Human food chain production (pounds per year) Assigned human food 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 7 3,100 Greater than 10 7 8 31,000 Greater than 10 8 9 310,000 Greater than 10 9 3,100,000 a 4.1.3.3.2.3 Potential human food chain contamination. Calculate the value for the potential human food chain contamination factor (PF) for the watershed as follows: where: P i D i n = Number of fisheries subject to potential human food chain contamination. In calculating PF: • Estimate the human food chain population value (P i • 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. 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. • 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 LC 50 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 LC 50 • If an LC 50 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 LC 50 • If values for the selected AWQC, AALAC, or LC 50 • 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 LC 50 Table 4-19—Ecosystem Toxicity Factor Values If an EPA chronic AWQC a b c EPA chronic AWQC or AALAC Assigned value Less than 1 µg/l 10,000 1 to 10 µg/l 1,000 Greater than 10 to 100 µg/l 100 Greater than 100 to 1,000 µg/l 10 Greater than 1,000 µg/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 EPA acute AWQC or AALAC Assigned value Less than 100 µg/l 10,000 100 to 1,000 µg/l 1,000 Greater than 1,000 to 10,000 µg/l 100 Greater than 10,000 to 100,000 µg/l 10 Greater than 100,000 µg/l 1 If neither an EPA chronic or acute AWQC nor EPA chronic or acute AALAC is available, assign a value from the LC 50 as follows: LC 50 Assigned value Less than 100 µg/l 10,000 100 to 1,000 µg/l 1,000 Greater than 1,000 to 10,000 µg/l 100 Greater than 10,000 to 100,000 µg/l 10 Greater than 100,000 µg/l 1 If none of the AWQCs and AALACs nor the LC 50 is available, assign a value of 0. a b c 4.1.4.2.1.2 Persistence. 4.1.4.2.1.3 Ecosystem bioaccumulation potential. • Use BCF data for all aquatic organisms, not just for aquatic human food chain organisms. • 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. Table 4-20—Ecosystem Toxicity/Persistence Factor Values a Persistence factor value Ecosystem toxicity 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 Table 4-21—Ecosystem Toxicity/Persistence/Bioaccumulation Factor Values a Ecosystem toxicity persistence factor value Ecosystem bioaccumulation potential factor value 50,000 5,000 500 50 5 0.5 10,000 5 × 10 8 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 4,000 2 × 10 8 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 1,000 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 700 3.5 × 10 7 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 400 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 100 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 50 70 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 35 40 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 20 10 5 × 10 5 5 × 10 4 5,000 500 50 5 7 3.5 × 10 5 3.5 × 10 4 3,500 350 35 3.5 4 2 × 10 5 2 × 10 4 2,000 200 20 2 1 5 × 10 4 5,000 500 50 5 0.5 0.7 3.5 × 10 4 3,500 350 35 3.5 0.35 0.4 2 × 10 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 4.1.4.2.2 Hazardous waste quantity. 4.1.4.2.3 Calculation of environmental threat-waste characteristics factor category value. 8 12 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: -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 Sensitive environment Assigned value Critical habitat a 100 Marine Sanctuary National Park Designated Federal Wilderness Area Areas identified under Coastal Zone Management Act b Sensitive areas identified under National Estuary Program c 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 endangered or threatened species 75 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 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 threatened species 50 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 aquatic life i 5 a b c d e f g h i Table 4-24—Wetlands Rating Values for Surface Water Migration Pathway Total length of wetlands a Assigned 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 4.1.4.3 Environmental threat-targets. 4.1.4.3.1 Sensitive environments. 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. 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: where: WH = Value assigned from table 4-24 to wetlands along the area of Level I concentrations. S 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. 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: where: WL = Value assigned from table 4-24 to wetlands along the area of Level II concentrations. S 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. For each type of surface water body in table 4-13 (section 4.1.2.3.1), sum the value(s) 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: where: S ij n = Number of sensitive environments from table 4-23 subject to potential contamination. W j D 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. 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. • 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. 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. • 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. 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 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. Determine the ground water to surface water migration component score (S gs where: LR i WC i T 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 Factor categories and factors Maximum 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 2a[2b + 2c + 2d]) 500 ______ 3. Likelihood of Release (higher of lines 1 and 2e) 550 ______ 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 ([lines 3 × 6 × 10]/82,500, subject to a maximum of 100) 100 ______ Human Food Chain Threat Likelihood of Release: 12. Likelihood of Release (same value as line 3) 550 ______ Waste Characteristics: 13. Toxicity/Mobility/Persistence/Bioaccumulation (a) ______ 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 Contamination (b) ______ 17d. Population (lines 17a + 17b + 17c) (b) ______ 18. Targets (Lines 16 + 17d) (b) ______ Human Food Chain Threat Score: 19. Human Food Chain Threat Score ([lines 12 × 15 × 18]/82,500, subject to a maximum of 100) 100 ______ Environmental Threat Likelihood of Release: 20. Likelihood of Release (same value as line 3) 550 ______ Waste Characteristics: 21. Ecosystem Toxicity/Mobility/Persistence/Bioaccumulation (a) ______ 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 (lines 24a + 24b + 24c) (b) ______ 25. Targets (value from line 24d) (b) ______ Environmental Threat Score: 26. Environmental Threat Score ([lines 20 × 23 × 25]/82,500, subject to a maximum of 60) 60 ______ Ground Water to Surface Water Migration Component Score for a Watershed 27. Watershed Score c 100 ______ 28. Component Score (S gs c 100 ______ a b c 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. • 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. 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. 8 4.2.2.3 Drinking water threat-targets. Table 4-26—Toxicity/Mobility/Persistence Factor Values a Toxicity/mobility factor value Persistence 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 7 × 10 −4 0.2 0.2 0.08 0.014 1.4 × 10 −4 0.1 0.1 0.04 0.007 7 × 10 −5 0.02 0.02 0.008 0.0014 1.4 × 10 −5 0.01 0.01 0.004 7 × 10 −4 7 × 10 −6 0.002 0.002 8 × 10 −4 1.4 × 10 −4 1.4 × 10 −6 0.001 0.001 4 × 10 −4 7 × 10 −5 7 × 10 −7 2 × 10 −4 2 × 10 −4 8 × 10 −5 1.4 × 10 −5 1.4 × 10 −7 1 × 10 −4 1 × 10 −4 4 × 10 −5 7 × 10 −6 7 × 10 −8 2 × 10 −5 2 × 10 −5 8 × 10 −6 1.4 × 10 −6 1.4 × 10 −8 2 × 10 −6 2 × 10 −6 8 × 10 −7 1.4 × 10 −7 1.4 × 10 −9 2 × 10 −7 2 × 10 −7 8 × 10 −8 1.4 × 10 −8 1.4 × 10 −10 2 × 10 −8 2 × 10 −8 8 × 10 −9 1.4 × 10 −9 1.4 × 10 −11 2 × 10 −9 2 × 10 −9 8 × 10 −10 1.4 × 10 −10 1.4 × 10 −12 0 0 0 0 0 a 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. Select the value from table 4-27 based on the angle Θ, 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 Θ.) If the surface water body does not extend to the 1-mile ring at one or both ends, define Θ 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. Table 4-27—Dilution Weight Adjustments Angle Θ (degrees) Assigned 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 Table 4-28—Toxicity/Mobility/Persistence/Bioaccumulation Factor Values a Toxicity/mobility/persistence factor value Bioaccumlation potential factor value 50,000 5,000 500 50 5 0.5 10,000 5 × 10 8 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 4,000 2 × 10 8 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 2,000 1 × 10 8 1 × 10 7 1 × 10 6 1 × 10 5 1 × 10 4 1,000 1,000 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 800 4 × 10 7 4 × 10 6 4 × 10 5 4 × 10 4 4,000 400 700 3.5 × 10 7 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 400 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 200 1 × 10 7 1 × 10 6 1 × 10 5 1 × 10 4 1,000 100 140 7 × 10 6 7 × 10 5 7 × 10 4 7,000 700 70 100 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 50 80 4 × 10 6 4 × 10 5 4 × 10 4 4,000 400 40 70 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 35 40 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 20 20 1 × 10 6 1 × 10 5 1 × 10 4 1,000 100 10 14 7 × 10 5 7 × 10 4 7,000 700 70 7 10 5 × 10 5 5 × 10 4 5,000 500 50 5 8 4 × 10 5 4 × 10 4 4,000 400 40 4 7 3.5 × 10 5 3.5 × 10 4 3,500 350 35 3.5 4 2 × 10 5 2 × 10 4 2,000 200 20 2 2 1 × 10 5 1 × 10 4 1,000 100 10 1 1.4 7 × 10 4 7,000 700 70 7 0.7 1.0 5 × 10 4 5,000 500 50 5 0.5 0.8 4 × 10 4 4,000 400 40 4 0.4 0.7 3.5 × 10 4 3,500 350 35 3.5 0.35 0.4 2 × 10 4 2,000 200 20 2 0.2 0.2 1 × 10 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 7 × 10 −4 0.001 50 5 0.5 0.05 0.005 5 × 10 −4 8 × 10 −4 40 4 0.4 0.04 0.004 4 × 10 −4 7 × 10 −4 35 3.5 0.035 0.035 0.0035 3.5 × 10 −4 4 × 10 −4 20 2 0.2 0.02 0.002 2 × 10 −4 2 × 10 −4 10 1 0.1 0.01 0.001 1 × 10 −4 1.4 × 10 −4 7 0.7 0.07 0.007 7 × 10 −4 7 × 10 −5 1 × 10 −4 5 0.5 0.05 0.005 5 × 10 −4 5 × 10 −5 8 × 10 −5 4 0.4 0.04 0.004 4 × 10 −4 4 × 10 −5 7 × 10 −5 3.5 0.35 0.035 0.0035 3.5 × 10 −4 3.5 × 10 −5 4 × 10 −5 2 0.2 0.02 0.002 2 × 10 −4 2 × 10 −5 2 × 10 −5 1 0.1 0.01 0.001 1 × 10 −4 1 × 10 −5 1.4 × 10 −5 0.7 0.07 0.007 7 × 10 −4 7 × 10 −5 7 × 10 −6 8 × 10 −6 0.4 0.04 0.004 4 × 10 −4 4 × 10 −5 4 × 10 −6 7 × 10 −6 0.35 0.035 0.0035 3.5 × 10 −4 3.5 × 10 −5 3.5 × 10 −6 2 × 10 −6 0.1 0.01 0.001 1 × 10 −4 1 × 10 −5 1 × 10 −6 1.4 × 10 −6 0.07 0.007 7 × 10 −4 7 × 10 −5 7 × 10 −6 7 × 10 −7 8 × 10 −7 0.04 0.004 4 × 10 −4 4 × 10 −5 4 × 10 −6 4 × 10 −7 7 × 10 −7 0.035 0.0035 3.5 × 10 −4 3.5 × 10 −5 3.5 × 10 −6 3.5 × 10 −7 2 × 10 −7 0.01 0.001 1 × 10 −4 1 × 10 −5 1 × 10 −6 1 × 10 −7 1.4 × 10 −7 0.007 7 × 10 −4 7 × 10 −5 7 × 10 −6 7 × 10 −7 7 × 10 −8 8 × 10 −8 0.004 4 × 10 −4 4 × 10 −5 4 × 10 −6 4 × 10 −7 4 × 10 −8 7 × 10 −8 0.0035 3.5 × 10 −4 3.5 × 10 −5 3.5 × 10 −6 3.5 × 10 −7 3.5 × 10 −8 2 × 10 −8 0.001 1 × 10 −4 1 × 10 −5 1 × 10 −6 1 × 10 −7 1 × 10 −8 1.4 × 10 −8 7 × 10 −4 7 × 10 −5 7 × 10 −6 7 × 10 −7 7 × 10 −8 7 × 10 −9 8 × 10 −9 4 × 10 −4 4 × 10 −5 4 × 10 −6 4 × 10 −7 4 × 10 −8 4 × 10 −9 2 × 10 −9 1 × 10 −4 1 × 10 −5 1 × 10 −6 1 × 10 −7 1 × 10 −8 1 × 10 −9 1.4 × 10 −9 7 × 10 −5 7 × 10 −6 7 × 10 −7 7 × 10 −8 7 × 10 −9 7 × 10 −10 8 × 10 −10 4 × 10 −5 4 × 10 −6 4 × 10 −7 4 × 10 −8 4 × 10 −9 4 × 10 −10 1.4 × 10 −10 7 × 10 −6 7 × 10 −7 7 × 10 −8 7 × 10 −9 7 × 10 −10 4 × 10 −11 1.4 × 10 −11 7 × 10 −7 7 × 10 −8 7 × 10 −9 7 × 10 −10 7 × 10 −11 7 × 10 −12 1.4 × 10 −12 7 × 10 −8 7 × 10 −9 7 × 10 −10 7 × 10 −11 7 × 10 −12 7 × 10 −13 0 0 0 0 0 0 0 a 4.2.2.3.2 Population. 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. Calculate the value for the potential contamination factor (PC) for the watershed as follows: where: A = Dilution weight adjustment value from table 4-27. W 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. 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. 8 12 4.2.3.3 Human food chain threat-targets. 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. 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. Table 4-29—Ecosystem Toxicity/Mobility/Persistence Factor Values a Ecosystem toxicity/mobility factor value Persistence 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 7 × 10 −4 0.2 0.2 0.08 0.014 1.4 × 10 −4 0.1 0.1 0.04 0.007 7 × 10 −5 0.2 0.2 0.008 0.0014 1.4 × 10 −5 0.01 0.01 0.004 7 × 10 −4 7 × 10 −6 0.002 0.002 8 × 10 −4 1.4 × 10 −4 1.4 × 10 −6 0.001 0.001 4 × 10 −4 7 × 10 −5 7 × 10 −7 2 × 10 −4 2 × 10 −4 8 × 10 −5 1.4 × 10 −5 1.4 × 10 −7 1 × 10 −4 1 × 10 −4 4 × 10 −5 7 × 10 −6 7 × 10 −8 2 × 10 −5 2 × 10 −5 8 × 10 −6 1.4 × 10 −6 1.4 × 10 −8 2 × 10 −6 2 × 10 −6 8 × 10 −7 1.4 × 10 −7 1.4 × 10 −9 2 × 10 −7 2 × 10 −7 8 × 10 −8 1.4 × 10 −8 1.4 × 10 −10 2 × 10 −8 2 × 10 −8 8 × 10 −9 1.4 × 10 −9 1.4 × 10 −11 2 × 10 −9 2 × 10 −9 8 × 10 −10 1.4 × 10 −10 1.4 × 10 −12 0 0 0 0 0 a Table 4-30—Ecosystem Toxicity/Mobility/Persistence/Bioaccumulation Factor Values a Ecosystem toxicity/mobility/persistence factor value Ecosystem bioaccumulation potential factor value 50,000 5,000 500 50 5 0.5 10,000 5 × 10 8 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 4,000 2 × 10 8 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 2,000 1, × 10 8 1 × 10 7 1 × 10 6 1 × 10 5 1 × 10 4 1,000 1,000 5 × 10 7 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 800 4 × 10 7 4 × 10 6 4 × 10 5 4 × 10 4 4,000 400 700 3.5 × 10 7 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 400 2 × 10 7 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 200 1 × 10 7 1 × 10 6 1 × 10 5 1 × 10 4 1,000 100 140 7 × 10 6 7 × 10 5 7 × 10 4 7,000 700 70 100 5 × 10 6 5 × 10 5 5 × 10 4 5,000 500 50 80 4 × 10 6 4 × 10 5 4 × 10 4 4,000 400 40 70 3.5 × 10 6 3.5 × 10 5 3.5 × 10 4 3,500 350 35 40 2 × 10 6 2 × 10 5 2 × 10 4 2,000 200 20 20 1 × 10 6 1 × 10 5 1 × 10 4 1,000 100 10 14 7 × 10 5 7 × 10 4 7,000 700 70 7 10 5 × 10 5 5 × 10 4 5,000 500 50 5 8 4 × 10 5 4 × 10 4 4,000 400 40 4 7 3.5 × 10 5 3.5 × 10 4 3,500 350 35 3.5 4 2 × 10 5 2 × 10 4 2,000 200 20 2 2 1 × 10 5 1 × 10 4 1,000 100 10 1 1.4 7 × 10 4 7,000 700 70 7 0.7 1.0 5 × 10 4 5,000 500 50 5 0.5 0.8 4 × 10 4 4,000 400 40 4 0.4 0.7 3.5 × 10 4 3,500 350 35 3.5 0.35 0.4 2 × 10 4 2,000 200 20 2 0.2 0.2 1 × 10 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 7 × 10 −4 0.001 50 5 0.5 0.05 0.005 5 × 10 −4 8 × 10 −4 40 4 0.4 0.04 0.004 4 × 10 −4 7 × 10 −4 35 3.5 0.35 0.035 0.0035 3.5 × 10 −4 4 × 10 −4 20 2 0.2 0.02 0.002 2 × 10 −4 2 × 10 −4 10 1 0.1 0.01 0.001 1 × 10 −4 1.4 × 10 −4 7 0.7 0.07 0.007 7 × 10 −4 7 × 10 −5 1 × 10 −4 5 0.5 0.05 0.005 5 × 10 −4 5 × 10 −5 8 × 10 −5 4 0.4 0.04 0.004 4 × 10 −4 4 × 10 −5 7 × 10 −5 3.5 0.35 0.035 0.0035 3.5 × 10 −4 3.5 × 10 −5 4 × 10 −5 2 0.2 0.02 0.002 2 × 10 −4 2 × 10 −5 2 × 10 −5 1 0.1 0.01 0.001 1 × 10 −4 1 × 10 −5 1.4 × 10 −5 0.7 0.07 0.007 7 × 10 −4 7 × 10 −5 7 × 10 −6 8 × 10 −6 0.4 0.04 0.004 4 × 10 −4 4 × 10 −5 4 × 10 −6 7 × 10 −6 0.35 0.035 0.0035 3.5 × 10 −4 3.5 × 10 −5 3.5 × 10 −6 2 × 10 −6 0.1 0.01 0.001 1 × 10 −4 1 × 10 −5 1 × 10 −6 1.4 × 10 −6 0.07 0.007 7 × 10 −4 7 × 10 −5 7 × 10 −6 7 × 10 −7 8 × 10 −7 0.04 0.004 4 × 10 −4 4 × 10 −5 4 × 10 −6 4 × 10 −7 7 × 10 −7 0.035 0.0035 3.5 × 10 −4 3.5 × 10 −5 3.5 × 10 −6 3.5 × 10 −7 2 × 10 −7 0.01 0.001 1 × 10 −4 1 × 10 −5 1 × 10 −6 1 × 10 −7 1.4 × 10 −7 0.007 7 × 10 −4 7 × 10 −5 7 × 10 −6 7 × 10 −7 7 × 10 −8 8 × 10 −8 0.004 4 × 10 −4 4 × 10 −5 4 × 10 −6 4 × 10 −7 4 × 10 −8 7 × 10 −8 0.0035 3.5 × 10 −4 3.5 × 10 −5 3.5 × 10 −6 3.5 × 10 −7 3.5 × 10 −8 2 × 10 −8 0.001 1 × 10 −4 1 × 10 −5 1 × 10 −6 1 × 10 −7 1 × 10 −8 1.4 × 10 −8 7 × 10 −4 7 × 10 −5 7 × 10 −6 7 × 10 −7 7 × 10 −8 7 × 10 −9 8 × 10 −9 4 × 10 −4 4 × 10 −5 4 × 10 −6 4 × 10 −7 4 × 10 −8 4 × 10 −9 2 × 10 −9 1 × 10 −4 1 × 10 −5 1 × 10 −6 1 × 10 −7 1 × 10 −8 1 × 10 −9 1.4 × 10 −9 7 × 10 −5 7 × 10 −6 7 × 10 −7 7 × 10 −8 7 × 10 −9 7 × 10 −10 8 × 10 −10 4 × 10 −5 4 × 10 −6 4 × 10 −7 4 × 10 −8 4 × 10 −9 4 × 10 −10 1.4 × 10 −10 7 × 10 −6 7 × 10 −7 7 × 10 −8 7 × 10 −9 7 × 10 −10 7 × 10 −11 1.4 × 10 −11 7 × 10 −7 7 × 10 −8 7 × 10 −9 7 × 10 −10 7 × 10 −11 7 × 10 −12 1.4 × 10 −12 7 × 10 −8 7 × 10 −9 7 × 10 −10 7 × 10 −11 7 × 10 −12 7 × 10 −13 0 0 0 0 0 0 0 a 4.2.4.2.2 Hazardous waste quantity. 4.2.4.2.3 Calculation of environmental threat-waste characteristics factor category value. 8 12 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. • 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 and Subsurface Intrusion Pathway 5.0.1 Exposure components. • Soil exposure component (see section 5.1). • Subsurface intrusion component (see section 5.2). Score one or both components considering their relative importance. If only one component is scored, assign its score as the soil exposure and subsurface intrusion pathway score. If both components are scored, sum the two scores and assign it as the soil exposure and subsurface intrusion pathway score, subject to a maximum of 100. 5.1 Soil exposure component. Determine the soil exposure component score (S se Where: LE i WC i T i SF = Scaling factor. Table 5-1 outlines the specific calculation procedure. Table 5-1—Soil Exposure Component Scoresheet Factor categories and factors Maximum value Value Resident Population Threat Likelihood of Exposure: 1. Likelihood of Exposure 550 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 1 × 4 × 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 14 × 17 × 20) ( b Soil Exposure Component Score: 22. Soil Exposure Component Score d se 100 a b c d 5.1.0 General considerations. • 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 component. • 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 component (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 5.1.1 and 5.1.2. If there is no observed contamination, assign the soil exposure component of the soil exposure and subsurface intrusion pathway a score of 0. 5.1.1 Resident population threat. • Within the property boundary of a residence, school, or day care center and • Within a workplace property boundary and • Within the boundaries of a resource specified in section 5.1.1.3.4, or • Within the boundaries of a terrestrial sensitive environment specified in section 5.1.1.3.5. 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 5.1.2). 5.1.1.1 Likelihood of exposure. 5.1.1.2 Waste characteristics. 5.1.1.2.1 Toxicity. 5.1.1.2.2 Hazardous waste quantity. • 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 Component Tier Measure Units Equation for a A Hazardous Constituent Quantity (C) lb C. B b Hazardous Wastestream Quantity (W) lb W/5,000. C b Volume (V) Surface Impoundment c yd 3 V/2.5. Drums d gallon V/500. Tanks and Containers Other Than Drums yd 3 V/2.5. D b Area (A) Landfill ft 2 A/34,000. Surface Impoundment ft 2 A/13. Surface Impoundment (Buried/backfilled) ft 2 A/13. Land treatment ft 2 A/270. Pile e ft 2 A/34. Contaminated Soil ft 2 A/34,000. a b c d e 5.1.1.2.3 Calculation of waste characteristics factor category value. 8 5.1.1.3 Targets. 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 • Worker—a person working on a property with an area of observed contamination and • Resources located on an area of observed contamination, as specified in section 5.1.1. • Terrestrial sensitive environments located on an area of observed contamination, as specified in section 5.1.1. 5.1.1.3.1 Resident individual. 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. 5.1.1.3.2 Resident population. 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 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 5.1.1.3. In estimating the number of people living on property with an area of observed contamination, 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. 5.1.1.3.2.1 Level I concentrations. 5.1.1.3.2.2 Level II concentrations. 5.1.1.3.2.3 Calculation of resident population factor value. 5.1.1.3.3 Workers. Table 5-4—Factor Values for Workers Number of workers Assigned value 0 0 1 to 100 5 101 to 1,000 10 Greater than 1,000 15 5.1.1.3.4 Resources. • 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. 5.1.1.3.5 Terrestrial sensitive environments. Calculate a value (ES) for terrestrial sensitive environments as follows: Where: S i n = Number of terrestrial sensitive environments meeting section 5.1.1.3 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 Terrestrial sensitive environments Assigned Terrestrial critical habitat a 100 National Park Terrestrial habitat known to be used by Federal designated or proposed threatened or endangered species 75 National Preserve (terrestrial) b Terrestrial habitat known to be used by State designated endangered or threatened species 50 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 a b • 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: Assign the value EC as the terrestrial sensitive environments factor value. Do not round this value to the nearest integer. Enter the value assigned for the terrestrial sensitive environments factor in Table 5-1. 5.1.1.3.6 Calculation of resident population targets factor category value. 5.1.1.4 Calculation of resident population threat score. 5.1.2 Nearby population threat. Do not consider areas of observed contamination that have an attractiveness/accessibility factor value of 0 (see section 5.1.2.1.1) in evaluating the nearby population threat. 5.1.2.1 Likelihood of exposure. 5.1.2.1.1 Attractiveness/accessibility. 5.1.2.1.2 Area of contamination. Table 5-6—Attractiveness/Accessibility Values Area of observed contamination Assigned Designated recreational area 100 Regularly used for public recreation (for example, fishing, hiking, softball) 75 Accessible and unique recreational area (for example, vacant lots in urban area) 75 Moderately accessible (may have some access improvements, for example, gravel road), with some public recreation use 50 Slightly accessible (for example, extremely rural area with no road improvement), with some public recreation use 25 Accessible, with no public recreation use 10 Surrounded by maintained fence or combination of maintained fence and natural barriers 5 Physically inaccessible to public, with no evidence of public recreation use 0 Table 5-7—Area of Contamination Factor Values Total area of the areas of observed contamination (square feet) Assigned 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 5.1.2.1.3 Likelihood of exposure factor category value. Table 5-8—Nearby Population Likelihood of Exposure Factor Values Area of contamination factor value Attractiveness/accessibility 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 5.1.2.2 Waste characteristics. 5.1.2.2.1 Toxicity. 5.1.2.2.2 Hazardous waste quantity. 5.1.2.2.3 Calculation of waste characteristics factor category value. 8 5.1.2.3 Targets. 5.1.2.3.1 Nearby individual. 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 Travel distance for nearby Assigned value Greater than 0 to 1 4 a Greater than 1 4 0 a 5.1.2.3.2 Population within 1 mile. 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: Where: W 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. 5.1.2.3.3 Calculation of nearby population targets factor category value. Table 5-10—Distance Weighted Population Values for Nearby Population Threat a Travel distance category (miles) Number of people within the travel distance category 0 1 to 10 11 to 30 31 to 100 101 to 300 301 to 1,000 1,001 to 3,000 3,001 to 10,000 10,001 to 30,000 30,001 to 100,000 100,001 to 300,000 300,001 to 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 1 2 0 0.05 0.2 0.7 2 7 20 65 204 652 2,041 6,517 Greater than 1 2 0 0.02 0.1 0.3 1 3 10 33 102 326 1,020 3,258 a 5.1.2.4 Calculation of nearby population threat score. 5.1.3 Calculation of soil exposure component score. se 5.2 Subsurface intrusion component. Determine the component score (S ssi Where: LE=Likelihood of exposure factor category value. WC=Waste characteristics factor category value. T=Targets factor category value. SF=Scaling factor. Table 5-11 outlines the specific calculation procedure. Table 5-11—Subsurface Intrusion Component Scoresheet Factor categories and factors Maximum Value Subsurface Intrusion Component: Likelihood of Exposure: 1. Observed Exposure 550 2. Potential for Exposure 2a. Structure Containment 10 2b. Depth to contamination 10 2c. Vertical Migration 15 2d. Vapor Migration Potential 25 3. Potential for Exposure (lines 2a * (2b + 2c + 2d), subject to a maximum of 500) 500 4. Likelihood of Exposure (higher of lines 1 or 3) 550 Waste Characteristics: 5. Toxicity/Degradation ( a 6. Hazardous Waste Quantity ( a 7. Waste Characteristics (subject to a maximum of 100) 100 Targets: 8. Exposed Individual 50 9. Population: 9a. Level I Concentrations ( b 9b. Level II Concentrations ( b 9c. Population within an Area of Subsurface Contamination ( b 9d. Total Population (lines 9a + 9b + 9c) ( b 10. Resources 5 11. Targets (lines 8 + 9d + 10) ( b Subsurface Intrusion Component Score: 12. Subsurface Intrusion Component (lines 4 × 7 × 11)/82,500 c 100 Soil Exposure and Subsurface Intrusion Pathway Score: 13. Soil Exposure Component + Subsurface Intrusion Component (subject to a maximum of 100) 100 a b c 5.2.0 General considerations. In evaluating the subsurface intrusion component, consider the following: • Area(s) of observed exposure: An area of observed exposure is delineated by regularly occupied structures with documented contamination meeting observed exposure criteria; an area of observed exposure includes regularly occupied structures with samples meeting observed exposure criteria or inferred to be within an area of observed exposure based on samples meeting observed exposure criteria (see section 5.2.1.1.1 Observed exposure —For regularly occupied structures that have no subunits, consider both the regularly occupied structures containing sampling location(s) meeting observed exposure criteria for the site and the regularly occupied structure(s) in the area lying between such locations to be an area of observed exposure ( i.e., —In multi-story, multi-subunit, regularly occupied structures, consider all subunits on a level with sampling locations meeting observed exposure criteria from the site and all levels below, if any, to be within an area of observed exposure, unless available information indicates otherwise. —In multi-tenant structures, that do not have a documented observed exposure, but are located in an area lying between locations where observed exposures have been documented, consider only those regularly occupied subunits, if any, on the lowest level of the structure, to be within an area of observed exposure ( i.e., • Area(s) of subsurface contamination: An area of subsurface contamination is delineated by sampling locations meeting observed release criteria for subsurface intrusion, excluding areas of observed exposure (see Table 2-3 in section 2.3). The area within an area of subsurface contamination includes potentially exposed populations. If the significant increase in hazardous substance levels cannot be attributed at least in part to the site, and cannot be attributed to other sites, attribution can be established based on the presence of hazardous substances in the area of subsurface contamination. Establish areas of subsurface contamination as follows: —Exclude those areas that contain structures meeting the criteria defined as an area of observed exposure. —Consider both the sampling location(s) with subsurface contamination meeting observed release criteria from the site and the area lying between such locations to be an area of subsurface contamination ( i.e., —Evaluate an area of subsurface contamination based on hazardous substances that: ▪ Meet the criteria for observed exposure of a chemical that has a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 − 5 3 ▪ Meet the criteria for observed release in an area of subsurface contamination and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 − 5 3 ▪ Meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 − 5 3 —Evaluate all structures with no subunits that have containment factor values greater than zero, and not documented to meet observed exposure criteria to be in an area of subsurface contamination if they are lying between locations of subsurface intrusion samples meeting observed release criteria. —Evaluate multi-subunit structures as follows: ▪ If an observed exposure has been documented based on a gaseous indoor air sample, consider all regularly occupied subunit(s), if any, on the level immediately above the level where an observed exposure has been documented (or has been inferred to be within an area of observed exposure), to be within an area of subsurface contamination. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion on the level immediately above the level where an observed exposure has been documented (or has been inferred to be within an area of observed exposure) that level can be excluded from the area of subsurface contamination. ▪ If observed release criteria have been met based on a gaseous indoor air sample collected from a level not regularly occupied, consider all regularly occupied subunit(s), if any, on the level immediately above the level where the observed release criteria has been documented, to be within an area of subsurface contamination. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion on the level immediately above the level where the observed release criteria has been documented that level can be excluded from the area of subsurface contamination. ▪ If any regularly occupied multi-subunit structure is inferred to be in an area of subsurface contamination, consider only those regularly occupied subunit(s), if any, on the lowest level, to be within an area of subsurface contamination. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion on the lowest level, that structure can be excluded from the area of subsurface contamination. See Section 7.0 for establishing an area of subsurface contamination based on the presence of radioactive hazardous substances. If there is no area of observed exposure and no area of subsurface contamination, assign a score of 0 for the subsurface intrusion component. 5.2.1 Subsurface intrusion component. • Within or underlying a residence, school, day care center, workplace, or • Within or underlying a resource specified in section 5.2.1.3.3. 5.2.1.1 Likelihood of exposure. 5.2.1.1.1 Observed exposure. • Direct observation: —A solid, liquid, or gaseous material that contains one or more hazardous substances attributable to the site has been observed entering a regularly occupied structure through migration via the subsurface or is known to have entered a regularly occupied structure via the subsurface, or —When evidence supports the inference of subsurface intrusion of a material that contains one or more hazardous substances associated with the site into a regularly occupied structure, demonstrated adverse effects associated with that release may be used to establish observed exposure. • Chemical analysis: —Analysis of indoor samples indicates that the concentration of hazardous substance(s) is significantly above the background concentration for the site for that type of sample (see section 2.3). —Some portion of the significant increase above background must be attributable to the site to establish the observed exposure. Documentation of this attribution should account for possible concentrations of the hazardous substance(s) in outdoor air or from materials found in the regularly occupied structure, and should provide a rationale for the increase being from subsurface intrusion. If observed exposure can be established in a regularly occupied structure, assign an observed exposure factor value of 550, enter this value in Table 5-11, and proceed to section 5.2.1.1.3. If no observed exposure can be established, assign an observed exposure factor value of 0, enter this value in Table 5-11, and proceed to section 5.2.1.1.2. 5.2.1.1.2 Potential for exposure. − 5 3 5.2.1.1.2.1 Structure containment. Table 5-12—Structure Containment No. Evidence of structure containment Assigned value 1. Regularly occupied structure with evidence of subsurface intrusion, including documented observed exposure or sampling of bio or inert gases, such as methane and radon 10 2. Regularly occupied structure with open preferential subsurface intrusion pathways ( e.g., 10 3. Regularly occupied structure with an engineered vapor migration barrier system that does not address all preferential subsurface intrusion pathways 7 4. Regularly occupied structure with an engineered passive vapor mitigation system without e.g., 6 5. Regularly occupied structure with no visible open preferential subsurface intrusion pathways from the subsurface ( e.g., 4 6. Regularly occupied structure with an engineered passive vapor mitigation system ( e.g., with e.g., 3 7. Regularly occupied structure with an engineered, active vapor mitigation system ( e.g., without e.g., 2 8. Regularly occupied structure with a permanent engineered, active vapor mitigation system ( e.g., with e.g., 1 9. Regularly occupied structure with a foundation raised greater than 6 feet above ground surface ( e.g., 0 5.2.1.1.2.2 Depth to contamination. e.g., Based on this calculated depth, assign a factor value from Table 5-13. If the necessary information is available at multiple locations, calculate the depth to contamination at each location. Use the location having the least depth to contamination to assign the factor value. Enter this value in Table 5-11. Table 5-13—Depth to Contamination Depth range 1 2 Depth to 0 to <10 ft (Including subslab and semi-enclosed or enclosed crawl space contamination) 10 >10 to 20 ft 8 >20 to 50 ft 6 >50 to 100 ft 4 >100 to 150 ft 2 >150 ft 0 1 2 5.2.1.1.2.3 Vertical migration. • If the depth to contamination (see section 5.2.1.1.2.2) is 10 feet or less, assign a value of 15. • If the depth to contamination is greater than 10 feet, do not consider layers or portions of layers within the first 10 feet of the depth to contamination (as assigned in section 5.2.1.1.2.2). • If, for the interval between the lowest point of a regularly occupied structure and the highest point of hazardous substances in the subsurface, all layers that underlie a portion of a regularly occupied structure at the site are karst or otherwise allow channelized flow, assign a value of 15. • Otherwise: —Select the lowest effective porosity/permeability layer(s) from within the interval identified above. Consider only layers at least 1 foot thick.—Assign a value for individual layers from Table 5-14 using the hydraulic conductivity of the layer, if available. If the hydraulic conductivity is not available, assign a value based on the type of material in the selected layer. —If more than one layer has the same assigned porosity/permeability value, include all such layers and sum their thicknesses. Assign a thickness of 0 feet to a layer with channelized flow features found within any area of subsurface contamination at the site. —Assign a value from Table 5-15 to the vertical migration factor, based on the thickness and assigned porosity/permeability value of the lowest effective porosity/permeability layer(s). Determine vertical migration only at locations within an area of subsurface contamination at the site. If the necessary subsurface geologic information is available at multiple locations, evaluate the vertical migration factor at each location. Use the location having the highest vertical migration factor value to assign the factor value. Enter this value in Table 5-11. Table 5-14—Effective Porosity/Permeability of Geologic Materials Type of material Hydraulic conductivity Assigned Gravel; clean sand; highly permeable fractured igneous and metamorphic rocks; permeable basalt; karst limestones and dolomites Greater than or equal to 1 × 10 − 3 1 Sand; sandy clays; sandy loams; loamy sands; sandy silts; sediments that are predominantly 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 Less than 1 × 10 − 3 2 Silt; loams; silty loams; loesses; silty clays; sediments that are 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 Less than 1 × 10 − 5 3 Clay; low permeability till (compact unfractured till); shale; unfractured metamorphic and igneous rocks Less than 1 × 10 − 7 4 Table 5-15—Vertical Migration Factor Values a Assigned porosity/permeability value Thickness of lowest porosity layer(s) b 0 to 5 Greater than Greater than 10 to 20 Greater than 20 to 50 Greater than 50 to 100 Greater than 100 to 150 1 15 15 14 11 8 6 2 15 14 12 9 6 4 3 15 13 10 7 5 2 4 15 12 9 6 3 1 a b 5.2.1.1.2.4 Vapor migration potential. • If the depth to contamination (see section 5.2.1.1.2.2) is 10 feet or less, assign a value of 25. • Assign a value for vapor migration potential to each of the gaseous hazardous substances associated with the area of subsurface contamination (see section 2.2.2) as follows: —Assign values from Table 5-16 for both 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 each hazardous substance. —Based on this sum, assign each hazardous substance a value from Table 5-17 for vapor migration potential. • Assign a value for vapor migration potential to each area of subsurface contamination as follows: —Select the hazardous substance associated with the area of subsurface contamination with the highest vapor migration potential value and assign this value as the vapor migration potential factor value for the area of subsurface contamination. Enter this value in Table 5-11. Table 5-16—Values for Vapor Pressure and Henry's Constant Assigned Vapor Pressure (Torr): Greater than 10 3 1 to 10 2 Less than 1 0 Henry's Constant (atm-m 3 Greater than 10 − 3 3 Greater than 10 − 4 − 3 2 10 − 5 − 4 1 Less than 10 − 5 0 Table 5-17—Vapor Migration Potential Factor Values for a Hazardous Substance Sum of values for vapor pressure and Henry's constant Assigned value 0 0 1 or 2 5 3 or 4 15 5 or 6 25 5.2.1.1.2.5 Calculation of potential for exposure factor value. 5.2.1.1.3 Calculation of likelihood of exposure factor category value. 5.2.1.2 Waste characteristics. 5.2.1.2.1 Toxicity/degradation. 5.2.1.2.1.1 Toxicity. 5.2.1.2.1.2 Degradation. • For any hazardous substance that meets the criteria for an observed exposure, or if a NAPL is present in the subsurface below an area of observed exposure or area of subsurface contamination at a depth less than or equal to 30 feet, assign that substance a degradation factor value of 1. • For all other situations, assign a degradation factor value using Table 5-18. Assign the depth to contamination as directed in section 5.2.1.1.2.2, except if evidence indicates that biologically active soil is not present throughout the depth beneath any regularly occupied structure. In this situation, subtract any thickness of non-biologically active soil from the estimated depth to contamination. Table 5-18—Degradation Factor Value Table Depth to contamination (feet) a Half-life >100 Days >30 days and ≤100 days ≤30 days <10 1 1 1 10 to ≤30 1 1 0.1 >30 1 0.5 0.1 a e.g., Calculate the half-life for each hazardous substance that meets subsurface intrusion observed release criteria as follows: The half-life of a substance in the subsurface is defined for HRS purposes as the time required to reduce the initial concentration of the substance in the subsurface by one-half as a result of the combined decay processes of two components: Biodegradation and hydrolysis. Estimate the half-life (t 1/2 Where: h=Hydrolysis half-life. b=Biodegradation half-life. If either of these component half-lives cannot be estimated for the hazardous substance from available data, delete that component half-life from the above equation. If no half-life information is available for a hazardous substance and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1. 5.2.1.2.1.3 Calculation of toxicity/degradation factor value. 5.2.1.2.2 Hazardous waste quantity. • For Tier A, hazardous constituent quantity, use the mass of constituents found in the regularly occupied structure(s) where the observed exposure has been identified. —For multi-subunit structures, when calculating Tier A, use the mass of constituents found in the regularly occupied subunit space(s) where the observed exposure has been identified. • For Tier B, hazardous wastestream quantity, use the flow-through volume of the regularly occupied structures where the observed exposure has been identified. —For multi-subunit structures, when calculating Tier B, use the flow-through volume of the regularly occupied subunit spaces where the observed exposure has been identified. • For Tier C, volume, use the volume divisor listed in Tier C of Table 5-19. Volume is calculated for those regularly occupied structures located within areas of observed exposure with observed or inferred intrusion and within areas of subsurface contamination. —In evaluating the volume measure for these listed areas of observed exposure and areas of subsurface contamination based on a gaseous/vapor intrusion or the potential for gaseous/vapor intrusion, consider the following: ▪ Calculate the volume of each regularly occupied structure based on actual data. If unknown, use a ceiling height of 8 feet. ▪ For multi-subunit structures, when calculating Tier C, calculate volume for those subunit spaces with observed or inferred exposure and all other regularly occupied subunit spaces on that level, unless available information indicates otherwise. If the structure has multiple stories, also include the volume of all regularly occupied subunit spaces below the floor with an observed exposure and one story above, unless evidence indicates otherwise. ▪ For multi-subunit structures within an area of subsurface contamination and no observed or inferred exposure, consider only the volume of the regularly occupied subunit spaces on the lowest story, unless available information indicates otherwise. • For Tier D, area, if volume is unknown, use the area divisor listed in Tier D of Table 5-19 for those regularly occupied structures within areas of observed exposure with observed or inferred intrusion and within areas of subsurface contamination. —In evaluating the area measure for these listed areas of observed exposure and areas of subsurface contamination, calculate the area of each regularly occupied structure (including multi-subunit structures) or subunit based on actual footprint area data. ▪ If the actual footprint area of the structure(s) is unknown, use an area of 1,740 square feet for each structure (or subunit space). ▪ For multi-subunit structures, when calculating Tier D, calculate area for those subunit spaces with observed or inferred exposure and all other regularly occupied subunit spaces on that level, unless available information indicates otherwise. If the structure has multiple stories, also include the area of all regularly occupied subunit spaces below the floor with an observed exposure and one story above, unless evidence indicates otherwise. ▪ For multi-subunit structures within an area of subsurface contamination and no observed or inferred exposure, consider only the area of the regularly occupied subunit spaces on the lowest story, unless available information indicates otherwise. Table 5-19—Hazardous Waste Quantity Evaluation Equations for Subsurface Intrusion Component Tier Measure Units Equation for assigning value a A Hazardous Constituent Quantity (C) Lb C B b Hazardous Wastestream Quantity (W) Lb W/5,000 C b,c Volume (V) Regularly occupied structure(s) in areas of observed exposure or subsurface contamination yd 3 V/2.5 D b,d Area (A) Regularly occupied structure(s) in areas of observed exposure or subsurface contamination ft 2 A/13 a b c d For the subsurface intrusion component, if the hazardous constituent quantity is adequately determined for all areas of observed exposure, 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 exposure or if one or more areas of subsurface contamination are present, assign either the value from Table 2-6 or assign a factor value as follows: • If any target for the subsurface intrusion component 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 this component. • If none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and if there has been a removal action that does not permanently interrupt target exposure from subsurface intrusion, and if an area of subsurface contamination exists, assign a factor value as follows: —Determine the 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 component. —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 component. • Otherwise, if none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and there has not been a removal action, assign a value from Table 2-6 or a value of 10, whichever is greater. Enter the value assigned in Table 5-11. 5.2.1.2.3 Calculation of waste characteristics factor category value. 8 5.2.1.3 Targets. In evaluating the targets factor category for the subsurface intrusion threat, count only the following as targets: • Exposed individual—a person living, attending school or day care, or working in a regularly occupied structure with observed exposure or in a structure within an area of observed exposure or within an area of subsurface contamination. • Population—exposed individuals in a regularly occupied structure within an area of observed exposure or within an area of subsurface contamination. • Resources—located within an area of observed exposure or within an area of subsurface contamination as specified in section 5.2.1.3.3. If a formerly occupied structure has been vacated due to subsurface intrusion attributable to the site, count the initial targets as if they were still residing in the structure. In addition, if a removal or temporary response action has occurred that has not completely mitigated the release, count the initial targets as if the removal or temporary response action has not permanently interrupted target exposure from subsurface intrusion. Evaluate those targets based on conditions at the time of removal of temporary response action. For populations residing in or working in a multi-subunit structure with multiple stories in an area of observed exposure or area of subsurface contamination, count these targets as follows: • If there is no observed exposure within the structure, include in the evaluation only those targets, if any, in the lowest occupied level. If sufficient structure-specific concentration data is available and state of the science shows there is no unacceptable risk of exposure to targets in the lowest level, those targets are not included in the evaluation. • If there is an observed exposure in any level, include in the evaluation those targets in that level, the level above and all levels below. (The weighting of these targets is specified in Section 5.2.1.3.2.) If sufficient structure-specific concentration data is available and state of the science shows there is no unacceptable risk of exposure to targets in the level above where the observed exposure has been documented, those targets are not included in the evaluation. 5.2.1.3.1 Exposed individual. First, determine those regularly occupied structures or partitioned subunit(s) within structures in an area of observed exposure subject to Level I concentrations and those subject to Level II concentrations as specified as follows (see section 5.2.0): • Level I Concentrations: For contamination resulting from subsurface intrusion, compare the hazardous substance concentrations in any sample meeting the observed exposure by chemical analysis criteria to the appropriate benchmark. Use the health-based benchmarks from Table 5-20 to determine the level of contamination. —If the sample is from a structure with no subunits and the concentration equals or exceeds the appropriate benchmark, assign Level I concentrations to the entire structure. —If the sample is from a subunit within a structure and the concentration from that subunit equals or exceeds the appropriate benchmark, assign Level I concentrations to that subunit. • Level II Concentrations: Structures, or subunits within structures, with one or more samples that meet observed exposure by chemical analysis criteria but do not equal or exceed the appropriate benchmark; structures, or subunits, that have an observed exposure by direct observation; and structures inferred to be in an area of observed exposure based on samples meeting observed exposure, are assigned Level II concentrations. —For all regularly occupied structures, or subunits in such structures, in an area of observed exposure that are not assigned Level I concentrations, assign Level II concentrations. Then assign a value to the exposed individual factor as follows: • Assign a value of 50 if there is at least one exposed individual in one or more regularly occupied structures subject to Level I concentrations. • Assign a value of 45 if there are no Level I exposed individuals, but there is at least one exposed individual in one or more regularly occupied structures subject to Level II concentrations. • Assign a value of 20 if there is no Level I or Level II exposed individual but there is at least one individual in a regularly occupied structure within an area of subsurface contamination. Enter the value assigned in Table 5-11. 5.2.1.3.2 Population. Table 5-20—Health-Based Benchmarks for Hazardous Substances in the Subsurface Intrusion Component Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 Screening concentration for noncancer toxicological responses corresponding to the reference dose (RfD) for oral exposure and the reference concentration (RfC) for inhalation exposures. Count only those persons meeting the criteria for population as specified in section 5.2.1.3. In estimating the number of individuals in structures in an area of observed exposure or area of subsurface contamination if the actual number of residents is not known, multiply each residence by the average number of persons per residence for the county in which the residence is located. 5.2.1.3.2.1 Level I concentrations. 1. Identify all exposed individuals regularly present in an eligible structure with a structure containment value greater than zero, or if the structure has subunits, identify those regularly present in each subunit, located in an area of observed exposure subject to Level I concentrations as described in sections 5.2.0 and 5.2.1.3.1. Identify only once per structure those exposed individuals that are using more than one eligible subunit of the same structure ( e.g., 2. For each structure or subunit count the number of individuals residing in or attending school or day care in the structure or subunit. 3. Count the number of full-time and part-time workers in the structure or subunit(s) subject to Level I concentrations. If information is unavailable to classify a worker as full- or part-time, evaluate that worker as being full-time. Divide the number of full-time workers by 3 and the number of part-time workers by 6, and then sum these products with the number of other individuals for each structure or subunit. 4. Sum this combined value for all structures, or subunits, within areas of observed exposure and multiply this sum by 10. Assign the resulting product as the combined population factor value subject to Level I concentrations for the site. Enter this value in line 9a of Table 5-11. 5.2.1.3.2.2 Level II concentrations. 1. Identify all exposed individuals regularly present in an eligible structure with a structure containment value greater than zero, or if the structure has subunits, identify those regularly present in each subunit, located in an area of observed exposure subject to Level II concentrations as described in sections 5.2.0 and 5.2.1.3.1. Identify only once per structure those exposed individuals that are using more than one eligible subunit of the same structure ( e.g., 2. Do not include exposed individuals already counted under the Level I concentrations factor. 3. For each structure or subunit(s), count the number of individuals residing in or attending school or day care in the structure, or subunit, subject to Level II concentrations. 4. Count the number of full-time and part-time workers in the structure or subunit(s) subject to Level II concentrations. If information is unavailable to classify a worker as full- or part-time, evaluate that worker as being full-time. Divide the number of full-time workers by 3 and the number of part-time workers by 6, and then sum these products with the number of other individuals for each structure or subunit. 5. Sum the combined population value for all structures within the areas of observed exposure for the site. Assign this sum as the combined population factor value subject to Level II concentrations for this site. Enter this value in line 9b of Table 5-11. 5.2.1.3.2.3 Population within area(s) of subsurface contamination. 1. Identify the regularly occupied structures with a structure containment value greater than zero and the eligible population associated with the structures or portions of structures in each area of subsurface contamination: • For each regularly occupied structure or portion of a structure in an area of subsurface contamination, sum the number of all individuals residing in or attending school or day care, in the structure or portion of the structure in the area of subsurface contamination. • Count the number of full-time and part-time workers regularly present in each structure or portion of a structure in an area of subsurface contamination. If information is unavailable to classify a worker as full- or part-time, evaluate that worker as being full-time. Divide the number of full-time workers by 3 and the number of part-time workers by 6. Sum these products with the number of individuals residing in or attending school or day care in the structure. • Use this sum as the population for the structure. 2. Estimate the depth or distance to contamination at each regularly occupied structure within an area of subsurface contamination based on available sampling data, and categorize each eligible structure based on the depth or distance to contamination and sample media as presented in Table 5-21. Weight the population in each structure using the appropriate weighting factors in Table 5-21. If samples from multiple media are available, use the sample that results in the highest weighting factor. 3. Sum the weighted population in all structures within the area(s) of subsurface contamination and assign this sum as the population within an area of subsurface contamination factor value. Enter this value in line 9c of Table 5-11. Table 5-21—Weighting Factor Values for Populations Within an Area of Subsurface Contamination Eligible populations a b Population weighting Samples From Within Structures or in Crawl Spaces 1. Population in a structure with levels of contamination in a semi-enclosed or enclosed crawl space sample meeting observed release criteria or 0.9 Population in a subunit of a multi-story structure within an area of subsurface contamination located directly above a level in an area of observed exposure or a gaseous indoor air sample meeting observed release criteria or Population within a structure where a mitigation system has been installed as part of a removal or other temporary response action. 2. Population in a structure where levels of contaminants meeting observed release criteria are inferred based on semi-enclosed or enclosed crawl space samples in surrounding structures, and a NAPL is present in those samples 0.8 3. Population in a structure where levels of contaminants meeting observed release criteria are inferred based on semi-enclosed or enclosed crawl space samples in surrounding structures, but no NAPL is present 0.4 Subsurface Samples From Less Than or Equal to 5 Feet From a Foundation 4. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any sampling media at or within five feet horizontally or vertically of the structure foundation, and a NAPL is present within that depth 0.8 5. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any sampling media at or within five feet horizontally or vertically of the structure foundation, but no NAPL is present within that depth 0.4 Subsurface Samples From Greater Than 5 Feet But Less Than or Equal to 30 Feet Depth 6. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any underlying non-ground water subsurface sample at a depth greater than 5 feet but less than or equal to 30 feet from a structure foundation and a NAPL is present within that depth 0.4 7. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any underlying non-ground water subsurface sample at a depth greater than 5 feet but less than or equal to 30 feet, but no NAPL is present within that depth 0.2 8. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on underlying ground water samples greater than 5 feet from the structure foundation but less than or equal to 30 feet, and a NAPL is present in those samples 0.2 9. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on underlying ground water samples greater than 5 feet from the structure foundation but less than or equal to 30 feet, but no NAPL is present in those samples 0.1 Subsurface Samples From Greater Than 30 Feet Depth 10. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any underlying sample at depths greater than 30 feet 0.1 a b 5.2.1.3.2.4 Calculation of population factor value. 5.2.1.3.3 Resources. • Assign a value of 5 if a resource structure ( e.g., • Assign a value of 0 if there is no resource structure within an area of observed exposure or area of subsurface contamination. Enter the value assigned in Table 5-11. 5.2.1.3.4 Calculation of targets factor category value. 5.2.2 Calculation of subsurface intrusion component score. 5.3 Calculation of the soil exposure and subsurface intrusion pathway score. sessi 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 (S a 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. Table 6-1—Air Migration Pathway Scoresheet Factor categories and factors Maximum value 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 ____ 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 (S a d 100 ____ a b c d 6.1 Likelihood of Release. 6.1.1 Observed release. • 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. 6.1.2.1 Gas potential to release. −9 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. Table 6-2—Gas Potential to Release Evaluation Source Source type a Gas containment factor value b Gas source type factor value c Gas migration potential factor value d Sum Gas source value 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 b c d 6.1.2.1.1 Gas containment. Table 6-3—Gas Containment Factor Values Gas containment description Assigned 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 inspected, maintained, and completely covering source 0 Source substantially surrounded by engineering windbreak and no other containment specifically described in this table applies 7 Source covered with essentially impermeable, regularly inspected, maintained cover 0 Uncontaminated soil cover >3 feet: • Source substantially vegetated with little exposed soil 0 • Source lightly vegetated with much exposed soil 3 • Source substantially devoid of vegetation 7 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 7 • Source substantially vegetated with little exposed soil and cover soil type resistant to gas migration b 7 • Other 10 Uncontaminated soil cover <1 foot: • Source heavily vegetated with essentially no exposed soil and cover soil type resistant to gas migration b 7 • Other 10 Totally or partially enclosed within structurally intact building and no other containment specifically described in this table applies 7 Source consists solely of intact, sealed containers: • Totally protected from weather by regularly inspected, maintained cover 0 • Other 3 a b 6.1.2.1.2 Gas source type. • 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 site a value from table 6-4 for gas source type. Table 6-4—Source Type Factor Values Source type Assigned value 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. • 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 Vapor pressure (Torr) Assigned value Greater than 10 3 Greater than 10 −3 2 10 −5 −3 1 Less than 10 −5 0 Henry's constant (atm-m 3 Assigned value Greater than 10 −3 3 Greater than 10 −5 −3 2 10 −7 −5 1 Less than 10 −7 0 Table 6-6—Gas Migration Potential Values for a Hazardous Substance Sum of values for vapor pressure and Henry's constant Assigned 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 hazardous substances a Assigned value 0 to <3 0 3 to <8 6 8 to <14 11 14 to 17 17 a 6.1.2.1.4 Calculation of gas potential to release value. 6.1.2.2 Particulate potential to release. −1 Evaluate particulate potential to release for each source based on three factors: particulate containment, particulate source type, and particulate migration potential. 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. 6.1.2.2.2 Particulate source type. 6.1.2.2.3 Particulate migration potential. Table 6-8—Particulate Potential to Release Evaluation Source Source type a Particulate containment factor value b Particulate type factor value c Particulate migration potential factor value d Sum Particulate source value 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 b c d Table 6-9—Particulate Containment Factor Values Particulate containment description Assigned value All situations except those specifically listed below 10 Source contains only particulate hazardous substances totally covered by liquids 0 Source substantially surrounded by engineered windbreak and no other containment specifically described in this table applies 7 Source covered with essentially impermeable, regularly inspected, maintained cover 0 Uncontaminated soil cover >3 feet: • Source substantially vegetated with little or no exposed soil 0 • Source lightly vegetated with much exposed soil 3 • Source substantially devoid of vegetation 7 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 7 • Source substantially vegetated with little exposed soil and cover soil type resistant to gas migration a 7 • Other 10 Uncontaminated soil cover <1 foot: • Source heavily vegetated with essentially no exposed soil and cover soil type resistant to gas migration a 7 • Other 10 Totally or partially enclosed within structurally intact building and no other containment specifically described in this table applies 7 Source consists solely of containers: • All containers contain only liquids 0 • All containers intact, sealed, and totally protected from weather by regularly inspected, maintained cover 0 • All containers intact and sealed 3 • Other 10 a Figure 6-2—Particulate Migration Potential Factor Values—Concluded Location Particulate migration 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: where: PE = Thornthwaite P-E index. P i T i 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 Thornthwaite P-E Index Assigned 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. 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. • 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 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. 6.2.1.1 Toxicity. 6.2.1.2 Mobility. • 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 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. Table 6-11—Gas Mobility Factor Values Vapor pressure (Torr) Assigned value a Greater than 10 −1 1.0 Greater than 10 −3 −1 0.2 Greater than 10 −5 −3 0.02 Greater than 10 −7 −5 0.002 Less than or equal to 10 −7 0.0002 a Figure 6-3—Particulate Mobility Factor Values—Concluded Location Particulated mobility 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 M Assigned value a Greater than 1.4 × 10 −2 0.02 Greater than 4.4 × 10 −3 −2 0.008 Greater than 1.4 × 10 −3 −3 0.002 Greater than 4.4 × 10 −4 −3 0.0008 Greater than 1.4 × 10 −4 −4 0.0002 Greater than 4.4 × 10 −5 −4 0.00008 Less than or equal to 4.4 × 10 −5 0.00002 a Table 6-13—Toxicity/Mobility Factor Values a Mobility factor value Toxicity 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 6.2.2 Hazardous waste quantity. 6.2.3 Calculation of waste characteristics factor category value. 8 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. • 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 • Screening concentration for noncancer toxicological responses corresponding to the Reference Concentration (RfC) for inhalation exposures. Table 6-15—Air Migration Pathway Distance Weights Distance category (miles) Assigned distance weight a 0 1.0 Greater than 0 to 1 4 0.25 Greater than 1 4 1 2 0.054 Greater than 1 2 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 6.3.1 Nearest individual. • 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 Distance to nearest individual (miles) Assigned value Level I concentrations a 50 Level II concentrations a 45 0 to 1 8 20 Greater than 1 8 1 4 7 Greater than 1 4 2 Greater than 1 2 1 Greater than 1 0 a 6.3.2 Population. 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 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. 6.3.2.3 Level II concentrations. 6.3.2.4 Potential contamination. 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: where: W 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. Table 6-17—Distance-Weighted Population Values For Potential Contamination Factor for Air Pathway a Distance category (miles) Number of people within the distance category 0 1 to 10 11 to 30 31 to 100 101 to 300 301 to 1,000 1,001 to 3,000 3,001 to 10,000 10,001 to 30,000 30,001 to 100,000 100,001 to 300,000 300,001 to 1,000,000 1,000,001 to 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 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 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 6.3.3 Resources. • 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. 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. i.e. 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: where: WA = Value assigned from table 6-18 for wetlands in distance categories subject to actual contamination. S 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 Wetland area (acres) Assigned 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 6.3.4.2 Potential contamination. 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 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: S ij n = Number of sensitive environments subject to potential contamination. W j D 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. 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: 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. 6.4 Calculation of air migration pathway score. a 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. Table 7-1—HRS Factors Evaluated Differently for Radionuclides Ground water Status a Surface water pathway Status a Soil exposure Status a Subsurface Status a Air pathway Status a Likelihood of Likelihood of Likelihood of Likelihood of Likelihood of Observed Release Yes Observed Release Yes Observed Contamination Yes Observed Exposure Yes Observed Release Yes. Potential to Release No Potential to Release No Attractiveness/Accessibility to Nearby Residents No Potential for Exposure Yes Gas Potential to Release No. Containment No Overland Flow Containment No Area of Contamination No Structure Containment No Gas Containment No. Net Precipitation No Runoff No Depth to Contamination Yes Gas Source Type No. Depth to Aquifer No Distance to Surface water No Vertical migration No Gas Migration Potential No. Travel Time No Flood Frequency No Vapor Migration Potential No Particulate Potential to Release No. Flood Containment No Area of Observed Exposure No Particulate Containment No. Area of Subsurface Contamination No Particulate Source Type No. Particulate Migration Potential No. Waste Waste Waste Waste Waste Toxicity Yes Toxicity/Ecotoxicity Yes/Yes Toxicity Yes Toxicity/Degradation Yes/Yes Toxicity Yes. Mobility No Persistence/Mobility Yes/No Hazardous Waste Quantity Yes Hazardous Waste Quantity Yes Mobility No. Hazardous Waste Quantity Yes Bioaccumulation Potential No Hazardous Waste Quantity Yes. Hazardous Waste Quantity Yes Targets Targets Targets Targets Targets Nearest Well Yes b Nearest Intake Yes b Resident Individual Yes b Exposed Individual Yes b Nearest Individual Yes. b Population Yes b Drinking Water Population Yes b Resident Population Yes b Population Yes b Population Yes. b Resources No Resources No Workers No Resources No Resources No. Wellhead Protection Area No Sensitive Environments Yes b Resources No Sensitive Environments No. Human Food Chain Individual Yes b Terrestrial Sensitive Environments No Human Food Chain Population Yes b Nearby Individual No 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. 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 and subsurface intrusion 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. 7.1.1 Observed release/observed contamination/observed exposure. • 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. —For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, a material that contains one or more radionuclides has been observed entering a regularly occupied structure via the subsurface or is known to have entered a regularly occupied structure via the subsurface. Also, when evidence supports the inference of subsurface intrusion of a material that contains one or more radionuclides by the site into a regularly occupied structure, demonstrated adverse effects associated with that release may also be used to establish observed exposure by direct observation. • Analysis of radionuclide concentrations in samples appropriate to the pathway (that is, ground water, soil, air, indoor air, soil gas, 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/L], pCi per cubic meter [pCi/m3]) 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 or observed exposure), and ▪ For the soil exposure component of the soil exposure and subsurface intrusion 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 or observed exposure). ○ If the sample analysis is not performed under the EPA Contract Laboratory Program, use the detection limit in place of the sample quantitation limit. ▪ For the soil exposure component of the soil exposure and subsurface intrusion 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 or observed exposure in the soil exposure and subsurface intrusion pathway): —The gamma radiation exposure rate, as measured in microroentgens per hour (µR/hr) using a survey instrument held 1 meter above the ground surface or floor or walls of a structure (or 1 meter away from an aboveground source for the soil exposure component), 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 or observed exposure. The gamma-emitting radionuclides do not have to be within 2 feet of the surface of the source. For the three migration pathways and for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if an observed release or observed exposure can be established for the pathway (or component, threat, aquifer, or watershed, as appropriate), assign the pathway (or component, threat, aquifer, or watershed) an observed release or observed exposure factor value of 550 and proceed to section 7.2. If an observed release or observed exposure cannot be established, assign an observed release or observed exposure factor value of 0 and proceed to section 7.1.2. For the soil exposure component of the soil exposure and subsurface intrusion 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 5.1.1; evaluate the likelihood of exposure factor for nearby population as specified in section 5.1.2.1; and proceed to section 7.2. If observed contamination cannot be established, do not evaluate the soil exposure component of the soil exposure and subsurface intrusion pathway. At sites containing mixed radioactive and other hazardous substances, evaluate observed release (or component, observed contamination or observed exposure) 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 and the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if an observed release or observed exposure can be established based on either radionuclides or other hazardous substances, or both, assign the pathway (or threat, aquifer, or watershed) an observed release or observed exposure factor value of 550 and proceed to section 7.2. If an observed release or observed exposure cannot be established based on either radionuclides or other hazardous substances, assign an observed release or observed exposure factor value of 0 and proceed to section 7.1.2. For the soil exposure component of the soil exposure and subsurface intrusion 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 5.1.1; evaluate the likelihood of exposure factor for nearby population as specified in section 5.1.2.1; 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 component of the soil exposure and subsurface intrusion pathway. 7.1.2 Potential to release/potential for exposure. For the three migration pathways and the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, evaluate potential to release or potential for exposure 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 the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if the potential for exposure is based on the presence of gamma emitting radioactive substances, assign a potential for exposure factor value of 500 only if the contamination is found within 2 feet beneath a regularly occupied structure, otherwise assign a potential for exposure factor value of 0. For sites containing mixed radioactive and other hazardous substances, evaluate potential to release or potential for exposure considering radionuclides and other hazardous substances together. Evaluate potential to release for each migration pathway and the potential for exposure for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway as specified in sections 3 through 6, as appropriate. 7.2 Waste characteristics. 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, or weight-of-evidence category “Carcinogenic to Humans”. • Assign a human toxicity factor value from Table 7-2 to each radionuclide based on its slope factor (also referred to as a 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 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. Table 7-2—Toxicity Factor Values for Radionuclides Cancer slope factor a −1 Assigned value 3 × 10 −11 10,000 3 × 10 −12 −11 1,000 SF<3 × 10 −12 100 SF not available for the radionuclide 0 a 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/Degradation. 1/2 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. In determining the subsurface intrusion degradation factor for radionuclides, when evaluating this factor based solely on half-life, assign a degradation factor value from section 5.2.1.2.1.2 to each radionuclide based on half-life (t 1/2 Where: r = Radioactive half-life. If no radioactive half-life information is available for a radionuclide and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1. At sites containing mixed radioactive and other hazardous substances, evaluate the degradation factor separately for each radionuclide and for each nonradioactive hazardous substance, even if the available data indicate that they are combined chemically. Assign a degradation factor value to each radionuclide as specified in this section and to each nonradioactive hazardous substance as specified in section 5.2.1.2.1.2. If no radioactive half-life information is available for a radionuclide and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1. Similarly, if no half-life information is available for a nonradioactive substance, and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1. When combined chemically, assign a single persistence or degradation 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. 7.2.5 Hazardous waste quantity. • Radionuclide constituent quantity (Tier A). • Radionuclide wastestream quantity (Tier B). 7.2.5.1 Source hazardous waste quantity for radionuclides. 7.2.5.1.1 Radionuclide constituent quantity (Tier A). • Estimate the net activity content (in curies) for the source (or area of observed contamination or area of observed exposure) based on: —Manifests, or —Either of the following equations, as applicable: Where: N = Estimated net activity content (in curies) for the source (or area of observed contamination or area of observed exposure). V = Total volume of material (in cubic yards) in a source (or area of observed contamination or area of observed exposure) containing radionuclides. AC i n = Number of radionuclides allocated to the source (or area of observed contamination or area of observed exposure) above the respective background concentrations. or, Where: N = Estimated net activity content (in curies) for the source (or area of observed contamination or area of observed exposure). V = Total volume of material (in gallons) in a source (or area of observed contamination or area of observed exposure) containing radionuclides. AC i n = Number of radionuclides allocated to the source (or area of observed contamination or area of observed exposure) above the respective background concentrations. —Estimate volume for the source (or volume for the area of observed contamination or area of observed exposure) based on records or measurements. —For the soil exposure component of the soil exposure and subsurface intrusion 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 5.1.1.2.2), include the entire depth, not just that within 2 feet of the surface. —For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, in estimating the volume for areas of observed exposure, only use the volume of air in the regularly occupied structures where observed exposure has been documented. • 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 or area of observed exposure) by 1,000. • Assign this resulting product as the radionuclide constituent quantity value for the source (or area of observed contamination or area of observed exposure). If the radionuclide constituent quantity for the source (or area of observed contamination or area of observed exposure) 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 or area of observed exposure] 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 or area of observed exposure) 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, area of observed exposure, or area of subsurface contamination) based on the activity content of radionuclide wastestreams allocated to the source (or area of observed contamination, area of observed exposure, or area of subsurface 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, area of observed exposure, or area of subsurface 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, area of observed exposure, or area of subsurface contamination). • For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, estimate the total wastestream volume for all regularly occupied structures that have a containment value >0 and that are located within areas of observed exposure with observed or inferred intrusion, and within areas of subsurface contamination. Calculate the volume of each regularly occupied structure based on actual data. If unknown, use a ceiling height of 8 feet. 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, area of observed exposure, and/or area of subsurface 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, area of observed exposure, or area of subsurface contamination). Do not round to the nearest integer. 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, areas of observed exposure, or areas of subsurface 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 component of the soil exposure and subsurface intrusion 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. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if the radionuclide constituent quantity is adequately determined for all areas of observed exposure, 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 exposure, 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, area of observed exposure, or area of subsurface 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, and sections 5.1.1.2.2, 5.1.2.2.2 and 5.2.1.2.2 (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, area of observed exposure, or area of subsurface 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 or areas of observed exposure, 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 and establish weighting factors for populations associated with an area of subsurface contamination in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway as specified in section 7.3.3. For all pathways (components 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, areas of observed exposure, or areas of subsurface contamination) at the site in identifying the applicable targets for the pathway. 7.3.1 Level of contamination at a sampling location. • Select the benchmarks from section 7.3.2 applicable to the pathway (or component or threat) being evaluated. • Compare the concentrations of radionuclides in the sample (or comparable samples) to their benchmark concentrations for the pathway (or component 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 applicable benchmark, assign Level II to the actual contamination at that sampling location for the pathway (or component 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 or observed exposure) 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. • 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 component of the soil exposure and subsurface intrusion pathway only. • Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 —For the soil exposure component of the soil exposure and subsurface intrusion 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 (component or threat) being evaluated. Compare the concentration of each radionuclide from the sampling location to its benchmark concentration(s) for that pathway (component or threat). Use only those samples and only those radionuclides in the sample that meet the criteria for an observed release (or observed contamination or observed exposure) 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 (component 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 and subsurface intrusion 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 or observed exposure) 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 or observed exposure) 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 or observed exposure) 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. 7.3.3 Weighting of targets within an area of subsurface contamination. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, assign a weighting factor as specified in section 5.2.1.3.2.3 except when a structure in an area of subsurface contamination is delineated or inferred to be delineated by gamma radiation exposure rates meeting observed release criteria with a depth to contamination of 2 feet or less. For those populations residing, working, or attending school or day care in a structure delineated or inferred to be delineated by gamma radiation exposure rates meeting observed release criteria with a depth to contamination of 2 feet or less, assign a weighting factor of 0.9. [55 FR 51583, Dec. 14, 1990, as amended at 82 FR 2779, Jan. 9, 2017; 83 FR 38037, Aug. 3, 2018] Appendix B to Part 300—National Priorities List Table 1—General Superfund Section State Site name City/County Notes(a) AK Salt Chuck Mine Outer Ketchikan County AL Alabama Plating Company, Inc. Vincent AL American Brass Headland AL Ciba-Geigy Corp. (McIntosh Plant) McIntosh AL Interstate Lead Co. (ILCO) Leeds AL Olin Corp. (McIntosh Plant) McIntosh AL Stauffer Chemical Co. (Cold Creek Plant) Bucks AL Stauffer Chemical Co. (LeMoyne Plant) Axis AL T.H. Agriculture & Nutrition (Montgomery) Montgomery P AL Triana/Tennessee River Limestone/Morgan AR Arkwood, Inc Omaha AR Cedar Chemical Corporation West Helena S AR MacMillan Ring Free Oil Norphlet AR Mid-South Wood Products Mena AR Midland Products Ola/Birta AR Mountain Pine Pressure Treating, Inc Plainview AR Ouachita Nevada Wood Treater Reader. AR Popile, Inc El Dorado AR Vertac, Inc. Jacksonville AZ Apache Powder Co. St. David AZ Hassayampa Landfill Hassayampa AZ Indian Bend Wash Area Scottsdale/Tempe/Phoenix P AZ Iron King Mine—Humboldt Smelter Dewey-Humboldt AZ Litchfield Airport Area Goodyear/Avondale AZ Lukachukai Mountains Mining District Cove, Navajo Nation AZ Motorola, Inc. (52nd Street Plant) Phoenix AZ Tucson International Airport Area Tucson CA Advanced Micro Devices, Inc Sunnyvale CA Advanced Micro Devices, Inc. (Bldg. 915) Sunnyvale CA Aerojet General Corp Rancho Cordova CA Afterthought Mine Bella Vista CA Alark Hard Chrome Riverside CA AMCO Chemical Oakland CA Applied Materials Santa Clara CA Argonaut Mine Jackson CA Atlas Asbestos Mine Fresno County CA Blue Ledge Mine Rogue River—Siskiyou National Forest CA Brown & Bryant, Inc (Arvin Plant) Arvin CA CTS Printex, Inc. Mountain View CA Casmalia Resources Casmalia CA Coast Wood Preserving Ukiah CA Copper Bluff Mine Hoopa CA Cooper Drum Company South Gate. CA Crazy Horse Sanitary Landfill Salinas CA Del Amo Los Angeles P CA Fairchild Semiconductor Corp. (Mt View) Mountain View CA Fairchild Semiconductor Corp. (S San Jose) South San Jose CA Fresno Municipal Sanitary Landfill Fresno CA Frontier Fertilizer Davis CA Halaco Engineering Company Oxnard CA Hewlett-Packard (620-640 Page Mill Road) Palo Alto CA Industrial Waste Processing Fresno CA Intel Corp. (Mountain View Plant) Mountain View CA Intel Magnetics Santa Clara CA Intersil Inc./Siemens Components Cupertino CA Iron Mountain Mine Redding CA J.H. Baxter & Co Weed CA Jervis B. Webb South Gate 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 McColl Fullerton CA McCormick & Baxter Creosoting Co Stockton CA Modesto Ground Water Contamination Modesto CA Monolithic Memories Sunnyvale CA Montrose Chemical Corp Torrance CA National Semiconductor Corp Santa Clara CA New Idria Mercury Mine Idria CA Newmark Ground Water Contamination San Bernardino CA Omega Chemical Corporation Whittier CA Operating Industries, Inc., Landfill Monterey Park CA Orange County North Basin Orange County CA Pacific Coast Pipe Lines Fillmore P CA Pemaco Maywood Maywood CA Purity Oil Sales, Inc Malaga CA Raytheon Corp Mountain View CA Rockets, Fireworks, and Flares (RFF) Rialto 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 South Bay Asbestos Area Alviso CA Southern Avenue Industrial Area South Gate CA Spectra-Physics, Inc Mountain View CA Stringfellow Glen Avon Heights S CA Sulphur Bank Mercury Mine Clear Lake CA Synertek, Inc. (Building 1) Santa Clara CA TRW Microwave, Inc (Building 825) Sunnyvale CA Teledyne Semiconductor Mountain View CA United Heckathorn Co Richmond CA Valley Wood Preserving, Inc Turlock CA Waste Disposal, Inc Santa Fe Springs CA Watkins-Johnson Co. (Stewart Division) Scotts Valley CA Westinghouse Elecetric Corp. (Sunnyvale) Sunnyvale CO Bonita Peak Mining District San Juan County CO Broderick Wood Products Denver CO California Gulch Leadville P CO Captain Jack Mill Ward CO Central City-Clear Creek Idaho Springs CO Chemical Sales Co Denver CO Colorado Smelter Pueblo CO Denver Radium Site Denver P CO Eagle Mine Minturn/Redcliff P CO Lincoln Park Canon City CO Lowry Landfill Arapahoe County CO Marshall Landfill Boulder County S CO Nelson Tunnel/Commodore Waste Rock Creede CO Standard Mine Gunnison National Forest CO Summitville Mine Rio Grande County CO Uravan Uranium Project (Union Carbide) (former town of) Uravan P* CO Vasquez Boulevard and I-70 Denver P 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 CT Laurel Park, Inc Naugatuck Borough S CT Linemaster Switch Corp Woodstock CT Precision Plating Corp Vernon CT Raymark Industries, Inc Stratford A CT Scovill Industrial Landfill Waterbury CT Solvents Recovery Service New England Southington CT Yaworski Waste Lagoon Canterbury DE Army Creek Landfill New Castle County DE Blades Groundwater Blades DE Delaware City PVC Plant Delaware City DE Delaware Sand & Gravel Landfill New Castle County DE Dover Gas Light Co Dover DE East Basin Road Groundwater New Castle DE E.I.Du Pont de Nemours (Newport Landfill) Newport DE Georgetown North Groundwater Georgetown DE Halby Chemical Co New Castle DE Harvey & Knott Drum, Inc Kirkwood DE Hockessin Groundwater Hockessin DE Koppers Co., Inc. (Newport Plant) Newport DE NCR Corp. (Millsboro Plant) Millsboro DE Newark South Ground Water Plume Newark DE Standard Chlorine of Delaware, Inc Delaware City DE Tybouts Corner Landfill New Castle County P FL Agrico Chemical Co Pensacola FL Airco Plating Co Miami FL Alaric Area Ground Water Plume Tampa FL American Creosote Works (Pensacola Plt) Pensacola FL Anodyne, Inc North Miami Beach FL Arkla Terra Property Thonotosassa. FL Cabot/Koppers Gainesville FL Chevron Chemical Co. (Ortho Division) Orlando FL City Industries, Inc Orlando FL Continental Cleaners Miami FL Escambia Wood—Pensacola Pensacola P FL Flash Cleaners Pompano Beach FL Florida Petroleum Reprocessors Fort Lauderdale FL Florida Steel Corp Indiantown FL General Dynamics Longwood Longwood. FL Harris Corp. (Palm Bay Plant) Palm Bay FL Helena Chemical Co. (Tampa Plant) Tampa FL Hollingsworth Solderless Terminal Fort Lauderdale FL JJ Seifert Machine Ruskin FL Kerr-McGee Chemical Corp-Jacksonville Jacksonville FL Landia Chemical Company Lakeland FL MRI Corp (Tampa) Tampa FL Madison County Sanitary Landfill Madison FL Peak Oil Co./Bay Drum Co Tampa FL Petroleum Products Corp Pembroke Park FL Pickettville Road Landfill Jacksonville FL Piper Aircraft/Vero Beach Water & Sewer Vero Beach FL Post and Lumber Preserving Co. Inc Quincy FL Raleigh Street Dump Tampa FL Reeves Southeast Galvanizing Corp Tampa FL Sanford Dry Cleaners Sanford FL Sapp Battery Salvage Cottondale P FL Sherwood Medical Industries Deland FL Solitron Microwave Port Salerno FL Southern Solvents, Inc Tampa FL Stauffer Chemical Co. (Tampa) Tampa FL Stauffer Chemical Co. (Tarpon Springs) Tarpon 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 Wingate Road Municipal Incinerator Dump Fort Lauderdale FL Zellwood Ground Water Contamination Zellwood GA Alternate Energy Resources Augusta GA Armstrong World Industries Macon GA Brunswick Wood Preserving Brunswick GA Camilla Wood Preserving Company Camilla GA Firestone Tire & Rubber Co. (Albany Plant) Albany GA Hercules 009 Landfill Brunswick GA LCP Chemicals Georgia Brunswick S GA Macon Naval Ordnance Plant Macon GA Marzone Inc./Chevron Chemical Co Tifton GA Mathis Brothers Landfill Kensington GA Peach Orchard Road PCE Ground Water Plume Augusta GA T.H. Agriculture & Nutrition (Albany) Albany GA Westside Lead Atlanta GA Woolfolk Chemical Works, Inc Fort Valley GU Ordot Landfill Guam S HI Del Monte Corp. (Oahu Plantation) Honolulu County P IA Des Moines TCE Des Moines IA Fairfield Coal Gasification Plant Fairfield IA Highway 3 PCE Le Mars IA Lawrence Todtz Farm Camanche IA Lot 46 Valley Gardens TCE Des Moines IA Mason City Coal Gasification Plant Mason City IA Midwest Manufacturing/North Farm Kellogg P IA PCE Former Dry Cleaner Atlantic IA Peoples Natural Gas Co Dubuque IA Railroad Avenue Groundwater Contamination Des Moines IA Shaw Avenue Dump Charles City P IA Vogel Paint & Wax Co Orange City ID Bunker Hill Mining & Metallurgical Smelterville ID Eastern Michaud Flats Contamination Pocatello ID Kerr-McGee Chemical Corp. (Soda Springs) Soda Springs ID Monsanto Chemical Co. (Soda Springs) Soda Springs IL Acme Solvent Reclaiming (Morristown Plant) Morristown IL Acme Steel Coke Plant Chicago IL Adams County Quincy Landfills 2&3 Quincy IL Amoco Chemicals (Joliet Landfill) Joliet IL ASARCO Taylor Springs Taylor Springs IL Bautsch-Gray Mine Galena IL Beloit Corp Rockton * P IL Byron Salvage Yard Byron IL Central Illinois Public Service Co Taylorville IL Chemetco Madison County IL Cross Brothers Pail Recycling (Pembroke) Pembroke Township IL DePue/New Jersey Zinc/Mobil ChemCorp DePue IL Eagle Zinc Co Div T L Diamond Hillsboro IL Estech General Chemical Company Calumet City 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 IL Kerr-McGee (Residential Areas) West Chicago/DuPage County IL Lake Calumet Cluster Chicago IL LaSalle Electric Utilities LaSalle IL Lenz Oil Service, Inc Lemont IL Matthiessen and Hegeler Zinc Company LaSalle IL MIG/Dewane Landfill Belvidere IL NL Industries/Taracorp Lead Smelter Granite City IL Old American Zinc Plant Fairmont City IL Ottawa Radiation Areas Ottawa IL Outboard Marine Corp Waukegan S IL Pagel's Pit Rockford IL Parsons Casket Hardware Co Belvidere IL Sandoval Zinc Company Sandoval IL Schroud Property Chicago IL Southeast Rockford Gd Wtr Contamination Rockford P IL Tri-County Landfill/Waste Mgmt Illinois South Elgin IL Wauconda Sand & Gravel Wauconda P IL Woodstock Municipal Landfill Woodstock IL Yeoman Creek Landfill Waukegan IN American Chemical Service, Inc Griffith IN Beck's Lake South Bend IN Broadway Street Corridor Groundwater Contamination Anderson IN Cam-Or Inc Westville. IN Cliff Drive Groundwater Contamination Logansport IN Conrail Rail Yard (Elkhart) Elkhart IN Continental Steel Corp Kokomo IN Douglas Road/Uniroyal, Inc., Landfill Mishawaka IN Elm Street Ground Water Contamination Terre Haute IN Envirochem Corp Zionsville IN Federated Metals Corp Whiting Hammond IN Fisher-Calo LaPorte IN Fort Wayne Reduction Dump Fort Wayne P IN Franklin Street Groundwater Contamination Spencer IN Galen Myers Dump/Drum Salvage Osceola IN Garden City Ground Water Plume Garden City IN Gary Development Company Gary IN Himco Dump Elkhart P IN Jacobsville Neighborhood Soil Contamination Evansville IN Keystone Corridor Ground Water Contamination Indianapolis IN Kokomo Contaminated Ground Water Plume Kokomo IN Lake Sandy Jo (M&M Landfill) Gary P IN Lakeland Disposal Service, Inc Claypool IN Lane Street Ground Water Contamination Elkhart. IN Lusher Street Ground Water Contamination Elkhart IN MIDCO I Gary IN MIDCO II Gary IN Main Street Well Field Elkhart IN Marion (Bragg) Dump Marion IN Ninth Avenue Dump Gary IN North 5th Street Groundwater Contamination Goshen IN North Shore Drive Elkhart IN Northside Sanitary Landfill, Inc Zionsville IN Pike and Mulberry Streets PCE Plume Martinsville IN Prestolite Battery Division Vincennes IN Reilly Tar & Chemical (Indianapolis Plant) Indianapolis IN Seymour Recycling Corp Seymour S IN Tippecanoe Sanitary Landfill, Inc Lafayette IN U.S. Smelter & Lead Refining Inc East Chicago P IN Wayne Waste Oil Columbia City KS 57th and North Broadway Streets Site Wichita Heights KS Ace Services Colby KS Caney Residential Yards Caney KS Chemical Commodities, Inc Olathe KS Cherokee County Cherokee County KS Cherokee Zinc—Weir Smelter Weir KS Doepke Disposal (Holliday) Johnson County KS Former United Zinc & Associated Smelters Iola KS Obee Road Hutchinson KS Pester Refinery Co El Dorado KS Plating, Inc Great Bend KS Strother Field Industrial Park Cowley County KS Wright Ground Water Contamination Wright KY B.F. Goodrich Calvert City KY Distler Brickyard West Point KY Distler Farm Jefferson County KY Green River Disposal, Inc Maceo KY Maxey Flats Nuclear Disposal Hillsboro KY National Electric Coil/Cooper Industries Dayhoit KY Smith's Farm Brooks KY Tri-City Disposal Co Shepherdsville LA Agriculture Street Landfill New Orleans P LA American Creosote DeRidder DeRidder LA American Creosote Works, Inc (Winnfield) Winnfield LA Bayou Bonfouca Slidell LA Capitol Lakes Baton Rouge LA Colonial Creosote Bogalusa LA Combustion, Inc Denham Springs LA Delta Shipyard Houma LA EVR-Wood Treating/Evangeline Refining Company Jennings LA Exide Baton Rouge Baton Rouge LA Madisonville Creosote Works Madisonville LA Marion Pressure Treating Marion LA Petro-Processors of Louisiana Inc Scotlandville LA SBA Shipyard Jennings MA Atlas Tack Corp Fairhaven MA Baird & McGuire Holbrook MA BJAT LLC Franklin MA Blackburn & Union Privileges Walpole MA Charles-George Reclamation Landfill Tyngsborough MA Creese &Cook Tannery (Former) Danvers MA Groveland Wells Groveland MA Haverhill Municipal Landfill Haverhill MA Hocomonco Pond Westborough MA Industri-Plex Woburn P MA Iron Horse Park Billerica MA Lower Neponset River Boston/Milton MA Microfab, Inc. (Former) Amesbury MA New Bedford Site New Bedford S 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 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 Walton &Lonsbury Inc. Attleboro MA Wells G&H Woburn MD Bear Creek Sediments Baltimore County MD Bush Valley Landfill Abingdon MD Central Chemical Hagerstown MD Dwyer Property Ground Water Plume Elkton MD Kane & Lombard Street Drums Baltimore MD Limestone Road Cumberland MD Ordnance Products, Inc. Cecil County MD Sand, Gravel & Stone Elkton MD Sauer Dump Dundalk MD Spectron, Inc Elkton MD Woodlawn County Landfill Woodlawn ME Callahan Mine Brooksville ME Eastern Surplus Meddybemps ME Eastland Woolen Mill Corinna P ME Keddy Mill Windham ME Leeds Metal Leeds ME Saco Municipal Landfill Saco ME West Site/Hows Corners Plymouth ME Winthrop Landfill Winthrop MI Adam's Plating Lansing MI Aircraft Components (D & L Sales) Benton Harbor P MI Albion-Sheridan Township Landfill Albion MI Allied Paper/Portage Ck/Kalamazoo River Kalamazoo P MI American Anodco, Inc Ionia MI Auto Ion Chemicals, Inc Kalamazoo MI Bendix Corp./Allied Automotive St. Joseph MI Bofors Nobel, Inc Muskegon MI Butterworth #2 Landfill Grand Rapids MI Cannelton Industries, Inc Saulte Saint Marie MI Chem Central Wyoming Township MI Clare Water Supply Clare MI DSC McLouth Steel Gibraltar Plant Gibraltar MI Electrovoice Buchanan MI Forest Waste Products Otisville MI G&H Landfill Utica MI Gelman Sciences Inc Ann Arbor MI Grand Traverse Overall Supply Co Greilickville MI Gratiot County Golf Course St. Louis MI Gratiot County Landfill St. Louis S MI H. Brown Co., Inc Grand Rapids MI Hedblum Industries Oscoda MI Hi-Mill Manufacturing Co Highlan 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 MI Kysor Industrial Corp Cadillac MI Liquid Disposal, Inc Utica MI McGraw Edison Corp Albion MI McLouth Steel Corp Trenton MI Metamora Landfill Metamora MI Michigan Disposal (Cork Street Landfill) Kalamazoo MI Michner Plating—Mechanic Street Jackson MI Motor Wheel Lansing P MI Muskegon Chemical Co Whitehall MI North Bronson Industrial Area Bronson MI Northernaire Plating Cadillac 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 MI Rockwell International Corp. (Allegan) Allegan MI Rose Township Dump Rose Township MI Roto-Finish Co., Inc Kalamazoo MI SCA Independent Landfill Muskegon Heights MI Shiawassee River Howell MI South Macomb Disposal (Landfills 9 & 9A) Macomb Township MI Southwest Ottawa County Landfill Park Township MI Sparta Landfill Sparta Township MI Spartan Chemical Co Wyoming MI Springfield Township Dump Davisburg MI State Disposal Landfill, Inc Grand Rapids MI Sturgis Municipal Wells Sturgis MI Tar Lake Antrim P MI Ten-Mile Drain St. Clair Shores. MI Thermo-Chem, Inc Muskegon MI Torch Lake Houghton P MI U.S. Aviex Howard Township MI Velsicol Chemical Corp. (Michigan) St. Louis MI Verona Well Field Battle Creek MI Wash King Laundry Pleasant Plains Twp MN Baytown Township Ground Water Plume Baytown Township MN Burlington Northern (Brainerd/Baxter) Brainerd/Baxter MN FMC Corp. (Fridley Plant) Fridley MN Freeway Sanitary Landfill Burnsville MN General Mills/Henkel Corp Minneapolis MN Highway 100 and County Road 3 Groundwater Plume St. Louis Park and Edina MN Joslyn Manufacturing and Supply Co Brooklyn Center P MN Koppers Coke St. Paul MN Kurt Manufacturing Co Fridley MN Lehillier/Mankato Site Lehillier/Mankato MN Long Prairie Ground Water Contamination Long Prairie MN MacGillis & Gibbs/Bell Lumber & Pole C New Brighton MN Oakdale Dump Oakdale MN Perham Arsenic Site Perham MN Reilly Tar&Chem (St. Louis Park Plant) St. Louis Park S MN Ritari Post & Pole Sebeka MN South Andover Site Andover P MN Southeast Hennepin Area Groundwater and Vapor Minneapolis MN South Minneapolis Residential Soil Contamination Minneapolis P MN Spring Park Municipal Well Field Spring Park MN St. Louis River Site St. Louis County MN St. Regis Paper Co Cass Lake MN Waite Park Wells Waite Park MO Armour Road North Kansas City MO Bee Cee Manufacturing Co Malden MO Big River Mine Tailings/St. Joe Minerals Desloge MO Compass Plaza Well TCE Rogersville MO Conservation Chemical Co Kansas City MO Ellisville Site Ellisville P MO Fulbright Landfill Springfield MO Lee Chemical Libert MO Madison County Mines Fredericktown MO Minker/Stout/Romaine Creek Imperial MO Missouri Electric Works Cape Girardeau P 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 P MO Solid State Circuits, Inc Republic MO Southwest Jefferson County Mining Jefferson County. MO Sporlan Valve Plant #1 Washington MO St. Louis Airport/HIS/Futura Coatings Co St. Louis County MO Syntex Facility Verona MO Valley Park TCE Valley Park MO Vienna Wells Vienna. MO Washington County Lead District—Furnace Creek Caledonia MO Washington County Lead District—Old Mines Old Mines MO Washington County Lead District—Potosi Potosi MO Washington County Lead District—Richwoods Richwoods MO Westlake Landfill Bridgeton MS American Creosote Works, Inc Louisville MS Chemfax, Inc Gulfport P MS Hercules Inc Hattiesburg MS Kerr-McGee Chemical Corp—Columbus Columbus MS Mississippi Phosphates Corporation Pascagoula MS Picayune Wood Treating Picayune MS Rockwell International Wheel & Trim Grenada MS Sonford Products Flowood MS Southeastern Wood Preserving Canton MT ACM Smelter and Refinery Cascade County MT Anaconda Aluminum Co Columbia Falls Reduction Plant Columbia Falls MT Anaconda Co. Smelter Anaconda P MT Barker Hughesville Mining District Barker MT Basin Mining Area Basin MT Billings PCE Billings MT Carpenter Snow Creek Mining District Neihart MT East Helena Site East Helena MT Flat Creek IMM Superior. MT Idaho Pole Co Bozeman P MT Libby Asbestos Libby P MT Libby Ground Water Contamination Libby MT Lockwood Solvent Ground Water Plume Billings MT Milltown Reservoir Sediments Milltown MT Montana Pole and Treating Butte MT Mouat Industries Columbus P 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 Contaminated Ground Water Aberdeen NC Aberdeen Pesticide Dumps Aberdeen NC Barber Orchard Waynesville NC Benfield Industries, Inc. Hazelwood NC Blue Ridge Plating Arden NC Bypass 601 Ground Water Contamination Concord P NC Cape Fear Wood Preserving Fayetteville NC Carolina Transformer Co Fayetteville NC Celanese Corp. (Shelby Fiber Operations) Shelby/Cleveland P NC Charles Macon Lagoon & Drum Storage Cordova NC Chemtronics, Inc Swannanoa NC Cristex Drum Oxford NC CTS of Asheville, Inc. Asheville NC Davis Park Road TCE Gastonia NC FCX, Inc. (Statesville Plant) Statesville NC FCX, Inc. (Washington Plant) Washington NC GMH Electronics Roxboro. NC Geigy Chemical Corp. (Aberdeen Plant) Aberdeen NC General Electric Co/Shepherd Farm East Flat Rock P NC Hemphill Road TCE Gastonia NC Holcomb Creosote Co Yadkinville NC Horton Iron and Metal Wilmington NC JFD Electronics/Channel Master Oxford NC Jadco-Hughes Facility Belmont NC Kerr-McGee Chemical Corp-Navassa Navassa P NC Koppers Co., Inc. (Morrisville Plant) Morrisville P NC NC State University (Lot 86,Farm Unit #1) Raleigh NC National Starch & Chemical Corp Salisbury NC North Belmont PCE North Belmont NC Ore Knob Mine Ashe County. NC Potter's Septic Tank Service Pits Maco NC Ram Leather Care Charlotte NC Sigmon's Septic Tank Statesville NC Ward Transformer Raleigh. NC Wright Chemical Corporation Riegelwood NE 10th Street Site Columbus NE Bruno Co-op Association/Associated Prop Bruno NE Cleburn Street Well Grand Island P NE Garvey Elevator Hastings NE Iowa-Nebraska Light & Power Co Norfolk NE Lindsay Manufacturing Co Lindsay NE Nebraska Ordnance Plant (Former) Mead NE Ogallala Ground Water Contamination Ogallala NE Old HWY 275 and N 288th Street Valley NE Omaha Lead Omaha/Douglas P NE Parkview Well Grand Island NE PCE—Carriage Cleaners Bellevue NE PCE Southeast Contamination York NE PCE/TCE Northeast Contamination York 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 Collins & Aikman Plant (Former) Farmington NH Dover Municipal Landfill Dover NH Fletcher's Paint Works & Storage Milford NH Kearsarge Metallurgical Corp Conway NH Keefe Environmental Services Epping NH Mottolo Pig Farm Raymond 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 NH Sylvester NashuaS NH Tibbetts Road Barrington NH Tinkham Garage Londonderry 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 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 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 Contamination Cinnaminson Township NJ Combe Fill South Landfill Chester Township NJ Cornell Dubilier Electronics Inc South Plainfield NJ Cosden Chemical Coatings Corp Beverly NJ Curcio Scrap Metal, Inc Saddle Brook Township NJ Curtis Specialty Papers, Inc Milford. NJ D'Imperio Property Hamilton Township NJ Dayco Corp./L.E Carpenter Co Wharton Borough NJ De Rewal Chemical Co Kingwood 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 Former Kil-Tone Company Vineland NJ Franklin Burn Franklin Township NJ Fried Industries East Brunswick Township NJ Garfield Ground Water Contamination Garfield NJ GEMS Landfill Gloucester Township NJ Garden State Cleaners Co Minotola NJ Global Sanitary Landfill Old Bridge Township NJ Goose Farm Plumstead Township NJ Helen Kramer Landfill Mantua Township NJ Hercules, Inc. (Gibbstown Plant) Gibbstown NJ Higgins Disposal Kingston NJ Higgins Farm Franklin Township NJ Historic Potteries Trenton NJ Horseshoe Road Sayreville NJ Iceland Coin Laundry Area Ground Water Plume Vineland NJ Imperial Oil Co., Inc./Champion Chemicals Morganville NJ JIS Landfill Jamesburg/S. Brnswck NJ Kauffman & Minteer, Inc Jobstown NJ Kin-Buc Landfill Edison Township NJ King of Prussia Winslow Township NJ LCP Chemicals Inc Linden NJ Landfill & Development Co Mount Holly NJ Lang Property Pemberton Township NJ Lightman Drum Company Winslow Township NJ Lone Pine Landfill Freehold Township NJ Lower Hackensack River Bergen and Hudson Counties NJ Mansfield Trail Dump Byram Township NJ Martin Aaron, Inc Camden NJ Matlack, Inc. Woolwich Township 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 Montgomery Township Housing Development Montgomery Township NJ Myers Property Franklin Township NJ NL Industries Pedricktown NJ Nascolite Corp Millville NJ Orange Valley Regional Ground Water Contamination West Orange/Orange NJ Pierson's Creek Newark NJ Pioneer Metal Finishing Inc Franklinville NJ PJP Landfill Jersey City NJ Pohatcong Valley Ground Water Contaminat Warren County NJ Price Landfill Pleasantville S NJ Puchack Well Field Pennsauken Township. NJ Quanta Resources Edgewater NJ Radiation Technology, Inc Rockaway Township NJ Raritan Bay Slag Old Bridge Township/Sayreville. NJ Ringwood Mines/Landfill Ringwood NJ Riverside Industrial Park Newark 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 Scientific Chemical Processing Carlstadt NJ Sharkey Landfill Parsippany/Troy Hls NJ Sherwin-Williams/Hilliards Creek Gibbsboro NJ Shieldalloy Corp Newfield Borough NJ South Jersey Clothing Co Minotola NJ Standard Chlorine Kearny NJ Swope Oil & Chemical Co Pennsauken NJ Syncon Resins South Kearny NJ U.S. Radium Corp Orange P NJ Unimatic Manufacturing Corporation Fairfield NJ United States Avenue Burn Gibbsboro NJ Universal Oil Products (Chemical Division) East Rutherford P 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) Camden and Gloucester City NJ White Chemical Corp Newark A NJ White Swan Cleaners/Sun Cleaners Area Ground Water Contamination Wall Township NJ Williams Property Swainton NJ Woodbrook Road Dump South Plainfield. NJ Woodland Route 532 Dump Woodland Township NJ Woodland Route 72 Dump Woodland Township NJ Zschiegner Refining Howell Township. NM AT&SF Albuquerque Albuquerque P NM Carlisle Village Cleaners Albuquerque NM Chevron Questa Mine Questa NM Eagle Picher Carefree Battery Socorro NM Fruit Avenue Plume Albuquerque NM Grants Chlorinated Solvents Plume Grants NM Griggs & Walnut Ground Water Plume Las Cruces. NM Homestake Mining Co Milan NM Jackpile-Paguate Uranium Mine Laguna Pueblo NM Lea and West Second Street Roswell NM McGaffey and Main Groundwater Plume Roswell NM North Railroad Avenue Plume Espanola NM Prewitt Abandoned Refinery Prewitt P NM South Valley Albuquerque P 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 NY Arsenic Mine Kent A NY Black River PCBs Jefferson County NY Brewster Well Field Putnam County NY Brillo Landfill Victory NY Byron Barrel & Drum Byron NY Carroll & Dubies Sewage Disposal Port Jervis NY Cayuga County Ground Water Contamination Cayuga County NY Circuitron Corp East Farmingdale NY Claremont Polychemical Old Bethpage NY Colesville Municipal Landfill Town of Colesville NY Computer Circuits Hauppauge NY Cortese Landfill Village of Narrowsburg NY Crown Cleaners of Watertown, Inc Carthage NY Dewey Loeffel Landfill Nassau NY Diaz Chemical Corporation Holley NY Eighteenmile Creek Niagara County NY Endicott Village Well Field Village of Endicott NY Facet Enterprises, Inc Elmira NY Forest Glen Mobile Home Subdivision Niagara Falls A NY Fulton Avenue North Hempstead. NY GCL Tie & Treating Inc Village of Sidney NY GE Moreau South Glen Falls NY General Motors (Central Foundry Division) Massena NY Genzale Plating Co Franklin Square NY Goldisc Recordings, Inc Holbrook NY Gowanus Canal Brooklyn NY Hertel Landfill Plattekill NY Hooker (S Area) Niagara Falls NY Hooker Chemical/Ruco Polymer Corp Hicksville NY Hopewell Precision Area Contamination Hopewell Junction NY Hudson River PCBs Hudson River NY Islip Municipal Sanitary Landfill Islip 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 P NY Lehigh Valley Railroad Le Roy NY Li Tungsten Corp Glen Cove NY Liberty Industrial Finishing Farmingdale NY Little Valley Little Valley A NY MacKenzie Chemical Works, Inc Central Islip NY Magna Metals Cortlandt Manor NY Malta Rocket Fuel Area Malta NY Mattiace Petrochemical Co., Inc Glen Cove NY Meeker Avenue Plume Brooklyn NY Mohonk Road Industrial Plant High Falls NY Nepera Chemical Co., Inc Maybrook NY New Cassel/Hicksville Ground Water Contamination New Cassel/Hicksville NY Newtown Creek Brooklyn/Queens NY Niagara Mohawk Power Co (Saratoga Spings) Saratoga Springs NY Old Bethpage Landfill Oyster Bay NY Old Roosevelt Field Contaminated Ground Water Area Garden City. NY Olean Well Field Olean NY Onondaga Lake Syracuse NY Peninsula Boulevard Ground Water Plume Hewlett 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 P NY Rosen Brothers Scrap Yard/Dump Cortland NY Saint-Gobain Performance Plastics Village of Hoosick Falls NY Sarney Farm Amenia NY Sealand Restoration, Inc Lisbon NY Shenandoah Road Ground Water Contamination East Fishkill. NY Sidney Landfill Sidney NY Sinclair Refinery Wellsville NY Solvent Savers Lincklaen NY Stanton Cleaners Area Ground Water Contamination Great Neck NY Tri-Cities Barrel Co., Inc Port Crane NY Vestal Water Supply Well 1-1 Vestal NY Volney Municipal Landfill Town of Volney NY Wappinger Creek Dutchess County NY Wolff-Alport Chemical Company Ridgewood NY York Oil Co Moira OH Allied Chemical & Ironton Coke Ironton P OH Behr Dayton Thermal System VOC Plume Dayton. OH Big D Campground Kingsville OH Chem-Dyne Hamilton S OH Copley Square Plaza Copley OH Donnelsville Contaminated Aquifer Donnelsville OH E.H. Schilling Landfill Hamilton Township OH East Troy Contaminated Aquifer Troy OH Fields Brook Ashtabula OH Fultz Landfill Jackson Township OH Industrial Excess Landfill Uniontown OH Lammers Barrel Beavercreek OH Little Scioto River Marion County. OH Miami County Incinerator Troy OH Milford Contaminated Aquifer Milford OH Nease Chemical Salem OH New Carlisle Landfill New Carlisle. OH New Lyme Landfill New Lyme OH North Sanitary Landfill Dayton OH Old Mill Rock Creek OH Ormet Corp Hannibal OH Peters Cartridge Factory Kings Mills P OH Powell Road Landfill Dayton OH Pristine, Inc Reading OH Reilly Tar & Chemical (Dover Plant) Dover OH Sanitary Landfill Co. (Industrial Waste) Dayton OH Skinner Landfill West Chester OH South Point Plant South Point OH Summit National Deerfield Township P OH TRW, Inc. (Minerva Plant) Minerva OH Valley Pike VOCs Riverside OH Van Dale Junkyard Marietta OH West Troy Contaminated Aquifer Troy OH Zanesville Well Field Zanesville OK Double Eagle Refinery Co. Oklahoma City OK Eagle Industries Midwest City OK Fansteel Metals/FMRI Muskogee S OK Fourth Street Abandoned Refinery Okalahoma City OK Hardage/Criner Criner OK Henryetta Iron and Metal Henryetta OK Hudson Refinery Cushing OK Oklahoma Refining Co Cyril OK Tar Creek (Ottawa County) Ottawa County OK Wilcox Oil Company Creek County OR Black Butte Mine Cottage Grove OR Formosa Mine Douglas County OR J. H. Baxter Eugene OR McCormick & Baxter Creos. Co (Portland) Portland OR North Ridge Estates Klamath Falls P OR Northwest Pipe & Casing/Hall Process Company Clackamas 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 Treatment The Dalles OR United Chrome Products, Inc Corvallis PA A.I.W. Frank/Mid-County Mustang Exton PA Avco Lycoming (Williamsport Division) Williamsport PA Baghurst Drive Harleysville PA Bally Ground Water Contamination Bally Borough PA Bell Landfill Terry Township PA Bendix Flight Systems Division Bridgewater Township PA Berks Sand Pit Longswamp Township PA Blosenski Landfill West Caln Township PA Boarhead Farms Bridgeton Township PA BoRit Asbetos Ambler. PA Breslube-Penn, Inc Coraopolis PA Brown's Battery Breaking Shoemakersville PA Butz Landfill Stroudsburg PA Centre County Kepone State College Borough P PA Chem-Fab Doylestown PA Commodore Semiconductor Group Lower Providence Township PA Crater Resources/Keystone Coke/Alan Wood Upper Merion Township PA Crossley Farm Hereford Township PA Croydon TCE Croydon PA CryoChem, Inc Worman PA Delta Quarries & Disp./Stotler Landfill Antis/Logan Twps 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 Former Exide Technologies Laureldale Laureldale PA Franklin Slag Pile (MDC) Philadelphia PA Havertown PCP Haverford PA Heleva Landfill North Whitehall Township PA Hellertown Manufacturing Co Hellertown PA Henderson Road Upper Merion Township PA Hunterstown Road Straban Township PA Industrial Lane Williams Township PA Jacks Creek/Sitkin Smelting and Refinery Maitland PA Jackson Ceramix Falls Creek P PA Keystone Sanitation Landfill Union Township PA Kimberton Site Kimberton Borough PA Lindane Dump Harrison Township PA Lord-Shope Landfill Girard Township PA Lower Darby Creek Area Delaware/Philadelphia Counties. PA MW Manufacturing Valley Township PA Malvern TCE Malvern PA Metal Banks Philadelphia PA Metro Container Corporation Trainer PA Mill Creek Dump Erie PA Modern Sanitation Landfill Lower Windsor Township 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 P PA North Penn—Area 7 North Wales PA Novak Sanitary Landfill South Whitehall Township P PA Occidental Chemical Corp./Firestone Tire Lower Pottsgrove Township PA Ohio River Park Neville Island PA Old City of York Landfill Seven Valleys PA Old Wilmington Road Ground Water Contamination Sadsburyville PA Osborne Landfill Grove City PA Palmerton Zinc Pile Palmerton P PA Paoli Rail Yard Paoli PA Price Battery Hamburg PA Raymark Hatboro 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 Salford Quarry Lower Salford Township. PA Sharon Steel Corp. (Farrell Wks Disp Area) Hickory Township PA Shriver's Corner Straban Township PA Stanley Kessler King of Prussia 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 Plant) Sharon PA Westinghouse Elevator Co. Plant Gettysburg PA Whitmoyer Laboratories Jackson Township PA William Dick Lagoons West Caln Township PR Cabo Rojo Ground Water Contamination Cabo Rojo PR Cidra Ground Water Contamination Cidra PR Dorado Ground Water Contamination Dorado PR Fibers Public Supply Wells Jobos PR Juncos Landfill Juncos PR Maunabo Area Ground Water Contamination Maunabo PR Ochoa Fertilizer Co Guánica PR Papelera Puertorriquena, Inc Utuado. PR Pesticide Warehouse I Arecibo PR Pesticide Warehouse III Manati. PR PROTECO Peñuelas PR San German Ground Water Contamination San German PR Scorpio Recycling, Inc. Candeleria Ward PR The Battery Recycling Company Bo. Cambalache 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 Project North Providence RI Davis Liquid Waste Smithfield RI Landfill & Resource Recovery, Inc. (L&RR) North Smithfield 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 Disposal South Kingston RI Western Sand & Gravel Burrillville SC Aqua-Tech Environmental Inc (Groce Labs) Greer SC Barite Hill/Nevada Goldfields McCormick. SC Beaunit Corp. (Circular Knit & Dye) Fountain Inn SC Brewer Gold Mine Jefferson SC Burlington Industries Cheraw Cheraw SC Carolawn, Inc Fort Lawn SC Clearwater Finishing Clearwater SC Elmore Waste Disposal Greer SC Galey and Lord Plant Society Hill SC Helena Chemical Co Landfill Fairfax SC Kalama Specialty Chemicals Beaufort SC Koppers Co., Inc (Charleston Plant) Charleston P SC Leonard Chemical Co., Inc Rock Hill SC Lexington County Landfill Area Cayce SC Macalloy Corporation North Charleston P SC Medley Farm Drum Dump Gaffney SC Palmetto Wood Preserving Dixiana SC Para-Chem Southern, Inc Simpsonville P SC Rock Hill Chemical Co Rock Hill SC SCRDI Bluff Road Columbia S SC SCRDI Dixiana Cayce SC Sangamo Weston Pickens P SC Shuron Inc Barnwell SC Townsend Saw Chain Co. Superfund Site Pontiac P SC US Finishing/Cone Mills Greenville P SC Wamchem, Inc Burton SD Gilt Edge Mine Lead TN Alamo Contaminated Ground Water Alamo TN American Creosote Works, (Jackson Plant) Jackson TN Arlington Blending & Packaging Arlington TN Carrier Air Conditioning Co Collierville TN Clinch River Corporation Harriman TN Former Custom Cleaners Memphis TN Mallory Capacitor Co Waynesboro TN Murray-Ohio Dump Lawrenceburg TN National Fireworks Cordova TN Ross Metals Inc Rossville TN Smalley-Piper Collierville TN Smokey Mountain Smelters Knox County. TN Southside Chattanooga Lead Chattanooga TN Velsicol Chemical Corp (Hardeman County) Toone TN Walker Machine Products, Inc. Collierville TN Wrigley Charcoal Plant Wrigley TX ALCOA (Point Comfort)/Lavaca Bay Point Comfort TX Attebury Grain Storage Facility Happy. TX Bandera Road Ground Water Plume Leon Valley TX Brine Service Company Corpus Christi TX Circle Court Ground Water Plume Willow Park TX City of Perryton Well No. 2 Perryton TX Conroe Creosoting Company Conroe TX Crystal Chemical Co Houston TX Delfasco Forge Grand Prairie TX Donna Reservoir and Canal System Donna TX East 67th Street Ground Water Plume Odessa TX Eldorado Chemical Co., Inc. Live Oak TX Falcon Refinery Ingleside TX French, Ltd Crosby 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 TX Highway 18 Ground Water Kermit TX Jasper Creosoting Company Inc Jasper County TX Jones Road Ground Water Plume Harris County TX Koppers Co Inc (Texarkana Plant) Texarkana TX Lane Plating Works, Inc Dallas TX Main Street Ground Water Plume Burnet TX Malone Service Company, Inc Texas City. TX Many Diversified Interests, Inc Houston P TX Midessa Ground Water Plume Odessa TX Motco, Inc La Marque S TX North Cavalcade Street Houston TX Northwest Odessa Groundwater Odessa TX Odessa Chromium #1 Odessa TX Patrick Bayou Deer Park TX Petro-Chemical Systems, (Turtle Bayou) Liberty County TX RSR Corp Dallas P TX Rockwool Industries Inc Bell County TX Sandy Beach Road Ground Water Plume Azle TX San Jacinto River Waste Pits Harris County TX Sheridan Disposal Services Hempstead TX Sikes Disposal Pits Crosby TX Sol Lynn/Industrial Transformers Houston TX South Cavalcade Street Houston TX Sprague Road Ground Water Plume Odessa TX Star Lake Canal Port Neches 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 TX US Oil Recovery Pasadena TX Van der Horst USA Corporation Terrell TX West County Road 112 Ground Water Midland UT Bountiful/Woods Cross 5th South PCE Plume Bountiful/Woods Cross UT Five Points PCE Plume Woods Cross/Bountiful UT Jacobs Smelters Tooele County P UT Portland Cement (Kiln Dust 2 & 3) Salt Lake City UT U.S. Magnesium Tooele County. UT Utah Power & Light/American Barrel Co Salt Lake City 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 Chisman Creek York County VA Culpeper Wood Preservers, Inc Culpeper VA Former Nansemond Ordnance Depot Suffolk P VA Greenwood Chemical Co Newtown VA H & H Inc., Burn Pit Farrington VA Hidden Lane Landfill Sterling VA Kim-Stan Landfill Selma VA L.A. Clarke & Son Spotsylvania County VA Peck Iron and Metal Portsmouth. VA Rentokil, Inc. (Virginia Wood Preserving Division) Richmond P VA Saltville Waste Disposal Ponds Saltville VA Saunders Supply Co Chuckatuck VA U.S. Titanium Piney River VI Tutu Wellfield Tutu VT BFI Sanitary Landfill (Rockingham) Rockingham VT Bennington Municipal Sanitary Landfill Bennington VT Burgess Brothers Landfill Woodford VT Commerce Street Plume Williston VT Elizabeth Mine Strafford. VT Ely Copper Mine Vershire VT Jard Company, Inc. Bennington VT Old Springfield Landfill Springfield VT Parker Sanitary Landfill Lyndon VT Pike Hill Copper Mine Corinth VT Pine Street Canal Burlington S VT Pownal Tannery Pownal WA Boomsnub/Airco Vancouver S WA Bremerton Gasworks Bremerton WA Centralia Municipal Landfill Centralia WA Colbert Landfill Colbert WA Commencement Bay, Near Shore/Tide Flats Pierce County P WA Commencement Bay, South Tacoma Channel Tacoma P WA FMC Corp. (Yakima Pit) Yakima WA General Electric Co. (Spokane Shop) Spokane WA Grain Handling Facility at Freeman Freeman WA Greenacres Landfill Spokane County WA Hamilton/Labree Roads Ground Water Contamination Chehalis WA Harbor Island (Lead) Seattle P WA Hidden Valley Landfill (Thun Field) Pierce County WA Kaiser Aluminum Mead Works Mead WA Lakewood Site Lakewood P WA Lockheed West Seattle Seattle WA Lower Duwamish Waterway Seattle WA Makah Reservation Warmhouse Beach Dump Neah Bay 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 Oeser Co. Bellingham WA Pacific Car & Foundry Co Renton WA Pacific Sound Resources Seattle WA Palermo Well Field Ground Water Contam Tumwater WA Pasco Sanitary Landfill Pasco WA Queen City Farms Maple Valley P WA Quendall Terminals Renton WA Seattle Municipal Landfill (Kent Hghlnds) Kent WA Upper Columbia River Upper Columbia River WA Western Processing Co., Inc Kent WA Wyckoff Co./Eagle Harbor Bainbridge Island WI Algoma Municipal Landfill Algoma WI Amcast Industrial Corporation Cedarburg WI Ashland/Northern States Power Lakefront Ashland WI Better Brite Plating Chrome & Zinc Shops DePere WI City Disposal Corp. Landfill Dunn WI Delavan Municipal Well #4 Delavan WI Hagen Farm Stoughton 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 WI Lemberger Transport & Recycling Franklin Township WI Madison Metropolitan Sewerage District Blooming Grove WI Master Disposal Service Landfill Brookfield WI Mid-State Disposal, Inc. Landfill Cleveland Township 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 WI Onalaska Municipal Landfill Onalaska WI Penta Wood Products Daniels WI Refuse Hideaway Landfill Middleton WI Ripon City Landfill Ripon WI Sauk County Landfill Excelsior WI Schmalz Dump Harrison WI Sheboygan Harbor & River Sheboygan WI Spickler Landfill Spencer WI Stoughton City Landfill Stoughton WI Tomah Municipal Sanitary Landfill Tomah WI Unity Auto Mart Unity WI Waste Mgmt of WI (Brookfield Sanit LF) Brookfield WI Wausau Ground Water Contamination Wausau WV Big John Salvage—Hoult Road Fairmont WV Fike Chemical, Inc Nitro WV Hanlin-Allied-Olin Moundsville WV North 25th Street Glass and Zinc Clarksburg WV Paden City Groundwater Paden City WV Ravenswood PCE Ground Water Plume Ravenswood WV Shaffer Equipment/Arbuckle Creek Area Minden WV Sharon Steel Corp (Fairmont Coke Works) Fairmont WV Vienna Tetrachloroethene Vienna a 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 Area) Anniston AL Redstone Arsenal (USARMY/NASA) Huntsville P AZ Williams Air Force Base Chandler AZ Yuma Marine Corps Air Station Yuma CA Alameda Naval Air Station Alameda CA Barstow Marine Corps Logistics Base Barstow 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 P CA Fort Ord Marina P CA George Air Force Base Victorville CA Hunters Point Naval Shipyard San Francisco P CA Jet Propulsion Laboratory (NASA) Pasadena CA LEHR/Old Campus Landfill (USDOE) Davis CA Lawrence Livermore Lab Site 300 (USDOE) Livermore CA Lawrence Livermore Laboratory (USDOE) Livermore CA March Air Force Base Riverside CA Mather Air Force Base Sacramento CA McClellan Air Force Base (GW Contam) Sacramento 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 CO Air Force Plant PJKS Waterton CO Rocky Flats Plant (USDOE) Jefferson and Boulder Counties P 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 P FL Whiting Field Naval Air Station Milton GA Marine Corps Logistics Base Albany P GA Robins Air Force Base(Lf#4/Sludge Lagoon Houston County GU Andersen Air Force Base Yigo HI Naval Computer & Telecommunications Area Oahu HI Pearl Harbor Naval Complex Pearl Harbor IA Iowa Army Ammunition Plant Middletown ID Idaho National Engineering Lab (USDOE) Idaho Falls ID Mountain Home Air Force Base Mountain Home IL Joliet Army Ammunition Plant (LAP Area) Joliet IL Joliet Army Ammunition Plant (Mfg Area) Joliet IL Sangamo Electric/Crab Orchard NWR (USDOI) Carterville IL Savanna Army Depot Activity Savanna KS Fort Riley Junction City KY Paducah Gaseous Diffusion Plant (USDOE) Paducah LA Louisiana Army Ammunition Plant Doyline MA Fort Devens Fort Devens MA Hanscom Field/Hanscom Air Force Base Bedford MA Natick Laboratory Army Research, D&E Cntr Natick MA Naval Weapons Industrial Reserve Plant Bedford MA Otis Air National Guard Base/Camp Edwards Sandwich, Falmouth, Bourne, Mashpee P MA South Weymouth Naval Air Station Weymouth P MD Aberdeen Proving Ground (Edgewood Area) Edgewood MD Aberdeen Proving Ground (Michaelsville LF) Aberdeen MD Andrews Air Force Base Camp Springs MD Beltsville Agricultural Research (USDA) Beltsville MD Brandywine DRMO Brandywine MD Curtis Bay Coast Guard Yard Anne Arundel County MD Fort Detrick Area B Ground Water Frederick MD Fort George G. Meade Odenton P MD Indian Head Naval Surface Warfare Center Indian Head MD Patuxent River Naval Air Station St. Mary's County ME Brunswick Naval Air Station Brunswick ME Loring Air Force Base Limestone MN Naval Industrial Reserve Ordnance Plant Fridley P MN New Brighton/Arden Hills/TCAAP (USARMY) New Brighton P MO Lake City Army Ammu. Plant (NW Lagoon) Independence MO Weldon Spring Former Army Ordnance Works St. Charles County MO Weldon Spring Quarry/Plant/Pitts (USDOE) St. Charles County NC Camp Lejeune Military Res. (USNAVY) Onslow County NC Cherry Point Marine Corps Air Station Havelock NE Cornhusker Army Ammunition Plant Hall County NH Pease Air Force Base Portsmouth/Newington NJ Federal Aviation Admin. Tech. Center Atlantic County 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 A) Colts Neck NJ Picatinny Arsenal (USARMY) Rockaway Township NM Lee Acres Landfill (USDOI) Farmington NY Brookhaven National Laboratory (USDOE) Upton NY Griffiss Air Force Base Rome P NY Plattsburgh Air Force Base Plattsburgh NY Seneca Army Depot Romulus P OH Feed Materials Production Center (USDOE) Fernald OH Mound Plant (USDOE) Miamisburg P OH Wright-Patterson Air Force Base Dayton OK Tinker Air Force (Soldier Cr/Bldg 300) Oklahoma City OR Bradford Island Cascade Locks OR Fremont Nat. Forest Uranium Mines (USDA) Lakeview OR Umatilla Army Depot (Lagoons) Hermiston PA Letterkenny Army Depot (SE Area) Chambersburg P PA Letterkenny Army Depot (PDO Area) Franklin County P PA Naval Air Development Center (8 Areas) Warminster Township PA Navy Ships Parts Control Center Mechanicsburg PA Tobyhanna Army Depot Tobyhanna P PA Willow Grove Naval Air & Air Res. Stn. Willow Grove PR Atlantic Fleet Weapons Training Area—Vieques Island of Vieques 1 S RI Davisville Naval Construction Batt Cent North Kingston RI Newport Naval Education/Training Center Newport SC Parris Island Marine Corps Recruit Depot Parris Island SC Savannah River Site (USDOE) Aiken SD Ellsworth Air Force Base Rapid City P TN Memphis Defense Depot (DLA) Memphis TN Milan Army Ammunition Plant Milan TN Oak Ridge Reservation (USDOE) Oak Ridge TX Air Force Plant #4 (General Dynamics) Fort Worth TX Lone Star Army Ammunition Plant Texarkana TX Longhorn Army Ammunition Plant Karnack TX Pantex Plant (USDOE) Pantex Village UT 700 South 1600 East PCE Plume Salt Lake City 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 (DLA) Chesterfield County VA Fort Eustis (US Army) Newport News VA Langley Air Force Base/NASA Langley Cntr Hampton VA Marine Corps Combat Development Command Quantico 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—Cheatham Annex Williamsburg VA Norfolk Naval Base (Sewells Pt Nvl Cmpx) Norfolk VA Norfolk Naval Shipyard Portsmouth VA St. Juliens Creek Annex (U.S. Navy) Chesapeake 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 Areas) Spokane County 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 (USNAVY) Kitsap County WA Naval Air Station, Whidbey Island (Ault) Whidbey Island WA Naval Undersea Warfare Station (4 Areas) Keyport WA Old Navy Dump/Manchester Lab (USEPA/NOAA) Manchester WA Puget Sound Naval Shipyard Complex Bremerton WV Allegany Ballistics Laboratory (USNAVY) Mineral WV West Virginia Ordnance (USARMY) Point Pleasant P WY F.E. Warren Air Force Base Cheyenne 1 Notes: (a) 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 www.govinfo.gov. Appendix C to Part 300—Requirements for Product Testing Protocols and Summary Test Data: Dispersant Baffled Flask Efficacy and Toxicity Tests; Standard Acute Toxicity Test for Bioremediation Agents, Surface Washing Agents, Herding Agents, and Solidifiers; and Bioremediation Agent Efficacy Test Table of Contents 1.0 Applicability and Scope 2.0 Baffled Flask Dispersant Efficacy Test (BFT) 3.0 Dispersant Toxicity Testing 4.0 Standard Acute Toxicity Testing for Surface Washing Agents, Bioremediation Agents, Herding Agents, and Solidifiers 5.0 Bioremediation Agent Efficacy Test Protocol Illustrations Figure Number 1. A Baffled Trypsinizing Flask Tables Table Number 1. Constituent Concentrations for GP2 Artificial Seawater 2. Test Oil Characteristics 3. Stock Standard Solution Preparation 4. Dispersant Calibration Example for Test Oil 5. Sample Calculation With ANS 6. Toxicity Testing Requirements for Dispersants 7. Summary of Test Conditions—Dispersant Toxicity 8. Toxicity Testing Requirements for Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers 9. Summary of Test Conditions—Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers Toxicity 10. Artificial Seawater Nutrient Concentrations 11. Artificial Seawater Nutrient Concentrations for Bioremediation Agents Having No Nutrients Included 12. Constituent Concentrations for Artificial Freshwater (Bushnell-Haas) 13. Freshwater Nutrient Concentrations 14. Artificial Freshwater Nutrient Concentration for Bioremediation Agents Having No Nutrients Included 15. Bioremediation Efficacy Test—Summary of Experimental Setup 16. Bioremediation Efficacy—Summary of Analytical Procedures 17. QA/QC Checks Standard Operating Procedures Tables SOP 3-1 Amount of Stock Solutions Required To Make the Working Standards SOP 4-1 Ions Associated With Retention Time Groups SOP 4-2 Instrumental Conditions for Crude Oil Analysis SOP 4-3 Ion Abundance Criteria for DFTPP SOP 4-4 Target Compound List 1.0 Applicability and Scope. 2.0 Baffled Flask Dispersant Efficacy Test (BFT) 2.1 Summary. 2.2 Apparatus. 2.2.1 Modified Trypsinizing Flask. e.g., Figure 1. A Baffled Trypsinizing Flask 2.2.2 Orbital Shaker Table. 2.2.3 Spectrophotometer. e.g., 2.2.4 Glassware. 2.2.5 Micropipettor. e.g., 2.2.6 Syringes. 2.2.7 Constant temperature rooms or incubators to hold the shaker at 2.2.8 Analytical Balance. 2.2.9 Chemical fume hood. 2.3 Reagents. 2.3.1 Artificial seawater. 2.3.2 Test oil. http://www.epa.gov/emergencies/content/ncp/index.htm. 2.3.3 Dichloromethane (DCM) (also known as methylene chloride), pesticide quality. 2.4 Container Handling and Storage. 2.4.1 Glassware. 2.4.2 Serum bottles and other non-volumetric glassware. 2.5 Calibration Curve for the UV-visible spectrophotometer. 2.5.1 Stock Standard Solution Preparation. Use the reference oil and the specific dispersant being tested for a particular set of experimental test runs. Prepare the stock standard solution of dispersant-oil mixture in DCM, starting with 2 ml of the oil, then adding 80 µl of the dispersant followed by 18 ml of DCM. 2.5.2 Six -point Calibration Curve. 2.6 Sample Preparation and Testing. 2.6.1 Six replicates of the oil and test dispersant are required at each temperature plus two additional tests of method blanks (artificial seawater without oil and dispersant), one at each temperature. A completed test consists of 14 baffled flask tests (a total of six replicates for the reference oil/test dispersant combination at two temperatures (5 °C and 25 °C), plus two method blanks). 2.6.2 Attach a 3-inch length of Teflon tubing to the stopcock of each of the 150-mL baffled flasks. Add 120 mL of artificial seawater to each flask. Put screw cap on flasks and place them at the appropriate temperature (either 5 °C or 25 °C) for equilibration. 2.6.3 Calibrate and adjust the shaker table to 250 ± 10 rpm. 2.6.4 Prepare and time separately each baffled flask. Sequentially add 100 µL of oil and 4 µL of dispersant to the flask layering them onto the center of the seawater to give a dispersant-to-oil ratio (DOR) of 1:25. Avoid any oil or dispersant splashing on the flask walls, as it may reduce efficacy or cause errors in the calculated results. Discard the sample and repeat the setup if: (1) any oil or dispersant splashing occurs during the additions, or (2) the dispersant contacts the water first rather than the oil. This is especially important for 5 °C work because of increased oil viscosity. 2.6.5 For the oil, fill the tip of the pipettor, using a wipe to remove any oil from the sides of the tip. Holding the pipettor vertically, dispense several times back into the reservoir to ensure that the oil flows smoothly. Insert the syringe tip vertically into the baffled flask and let the bottom of the pipettor rest on the neck of the flask. Slowly and carefully dispense the oil one time onto the center of the water's surface. The remainder of the oil can either be returned to the oil bottle or set aside for use in the next test flask. Note to 2.6.5: 2.6.6 For the dispersant, use the same procedure as for the oil to dispense onto the center of the oil slick surface. As the dispersant first contacts the oil, it will usually push the oil to the sides of the flask. Replace the screw cap onto the flask. Note to 2.6.6: 2.6.7 Carefully place flask securely onto the shaker and agitate for 10 ± 0.25 minutes at 250 ± 10 rpm. 2.6.8 Remove the flask from the shaker table and allow a stationary, quiescent period of 10 ± 0.25 minutes to allow undispersed and/or recoalesced oil droplets to refloat to the surface. 2.6.9 Carefully open the screw cap, then the stopcock at the bottom, and discard the first several mL of seawater into a waste beaker to remove non-mixed water-oil initially trapped in the stopcock tubing. Collect a volume slightly greater than 30-mL into a 50-mL graduated cylinder. Adjust the collected volume to the 30-mL mark by removing excess with a disposable glass Pasteur pipette. A web-like emulsion may form at the solvent/water interface during the water sample extraction. Avoid pulling any emulsion phase into the DCM extract as it may cloud the DCM-extract, leading to error. 2.6.10 Transfer the water-oil sample from the graduated cylinder into a 125-mL glass separatory funnel fitted with a Teflon stopcock. 2.6.11 Add 5 mL DCM to the separatory funnel. Start shaking, releasing pressure into the fume hood by loosening the glass stopper. Shake vigorously at least 20 times for 15 seconds. 2.6.12 Allow the funnel to remain in a stationary position for 2 minutes to allow phase separation of the water and DCM. 2.6.13 Drain the DCM layer from the separatory funnel into a 25 mL mixing cylinder. Avoid pulling any emulsion phase into the DCM extract as it may cloud the DCM extract. 2.6.14 Repeat the DCM-extraction process two or three additional times until the DCM is clear. Collect each extract in the graduated cylinder. After the final extraction, lightly shake the separatory funnel sideways once or twice to dislodge entrained bubbles of DCM and drain. 2.6.15 Adjust the final volume to a known quantity, 25 mL, in the mixing cylinder. Using a syringe, dispense 2.5 mL or 5.0 mL of a reference oil sample into a 10-mL volumetric flask, and fill with DCM to make either a 1:4 or 1:2 dilution, respectively. 2.6.16 If analysis cannot be conducted immediately, store the extracted DCM samples at 4 ± 2 °C until time of analysis. Glass-stoppered mixing cylinders may be used for short-term storage or prior to bringing the extracts up to volume. After bringing to volume, transfer the DCM extracts to 25-30 ml crimp-style serum vials with aluminum/Teflon seals. 2.6.17 Complete all analysis within 10 consecutive days from when the sample was collected. 2.7 UV-Visible Spectrophotometer Linear Stability Calibration 2.7.1 A six-point calibration of the UV-visible spectrophotometer is required at least once per day for each oil. The stability calibration criterion is determined with the six oil standards identified in Table 4 of this Appendix. 2.7.2 Turn on spectrophotometer and allow it to warm up for at least 30 minutes before beginning analysis. Blank the instrument for the wavelengths between 340 and 400 nm with DCM. 2.7.3 If refrigerated, allow all extracts, standards, and samples to warm to room temperature. 2.7.4 Determine the absorbance of the six standards between the wavelengths of 340 and 400 nm. This can be done by either one of the following methods: 2.7.4.1 Trapezoidal Rule. where N + 1 = number of absorbance measurements to delineate N equally spaced sections of the curve, and H = the distance (λ) between each reading. For H = 5, N + 1 = 13 measurements, for H = 10, N + 1 = 7. The following formula illustrates readings taken every 10λ. When using readings taken every 5λ, each absorbance sum is multiplied by 5. 2.7.4.2 Automatic Integration. 2.7.4.3 If the wavelengths must be manually set on the spectrophotometer, the older method of only measuring at 340λ, 370λ, and 400λ may be used. Then calculate using the trapezoidal rule for N + 1 = 3, H = 30. While the resulting area count with the older method is less accurate, the final results are similar since the inaccuracy is systematic. 2.7.5 After determining the area count for each standard, determine the response factor (RF) for the oil at each concentration using the following equation: 2.7.6 Spectrophotometer stability for the initial calibration is acceptable when the RFs of the six standard extracts are less than 10% different from the overall mean value for the six standards, as calculated in Equation 5 of this Appendix and depicted in the example in Table 4 of this Appendix. 2.7.7 If this criterion is satisfied, begin analysis of sample extracts. Absorbances greater than or equal to 3.5 are not included because absorbance saturation occurs at and above this value. If any of the standard oil extracts fails to satisfy the initial-stability criterion, the source of the problem ( e.g., 2.7.8 Determine the slope of the calibration points by using linear regression forced zero intercept: 2.8 Spectrophotometric Analysis and Calculations 2.8.1 Once a successful calibration curve for the reference oil has been created and verified, measure experimental replicates for the reference oil at each temperature followed by a standard check sample. 2.8.2 Determine the area for the absorbance values obtained for the experimental samples by using Equation 2 of this Appendix and illustrated by Equation 3 of this Appendix. 2.8.3 Calculate the Total Oil dispersed and the percentage of oil dispersed (%OD) based on the ratio of oil dispersed in the test system to the total oil added to the system, as follows: where: V DCM V tw V ew where: r Oil V Oil 2.8.4 The %ODs for the six replicates within a particular treatment are then subjected to an outlier test, the Grubb's Test or Maximum Normal Residual test (6). A convenient internet-based calculator of a Grubbs outlier may be found at: http://www.graphpad.com/quickcalcs/Grubbs1.cfm. 2.8.5 Report the Dispersion Efficacy value for each oil and each temperature, which is the lower 95% confidence level of the 6 independent replicates (DE LCL95 where (%OD) (%OD) = mean percentage oil dispersed for the n = 6 replicates, S = standard deviation, and t (n-1,1- α ) n-1,1- α 2.9 Performance Criterion The dispersant product tested will remain in consideration for listing on the NCP Product Schedule if the dispersant efficacy (DE LCL95 Oil Temp DE LCL95 Bryan Mound 5 ≥70 Bryan Mound 25 ≥75 2.10 Quality Control (QC) Procedures for Oil Concentration Measurements 2.10.1 Absorbance readings. 2.10.2 Method blanks. 2.10.3 Accuracy. 2.10.4 Calibration QC checks. Table 1—Constituent Concentrations for GP2 Artificial Seawater [Based on Spotte et al., 1984] Constituent Concentration NaCl 21.03 Na 2 4 3.52 KCl 0.61 KBr * 0.088 Na 2 4 7 2 0.034 MgCl 2 2 9.50 CaCl 2 2 1.32 SrCl 2 2 0.02 NaHCO 2 0.17 * Use Stock Solution, 1 mL/L GP2 for 100X stock solution for Bromide, Borate, and Strontium. 10 mL/L GP2 for bicarbonate—10X stock solution as it is not soluble in a 100X solution. Adjust to pH 8.0 prior to autoclaving. Table 2—Test Oil Characteristics [April 2023 oil assay] Oil Density, mg/mL API gravity Viscosity Category by SPR Bryan Mound 0.8320 38.6 4.721 Light Oil. Table 3—Sample Calculation for Preparation of Oil + Dispersant Stock Standard Solution Item Identifier Amount Mass of Bottle, g A 29.498 Mass of Bottle + oil, g B 31.225 Mass of bottle + disp + oil + DCM, g C 54.380 Mass of oil, g ( derived F = B−A 1.727 Mass of disp + oil + DCM, g ( derived G = C−A 24.882 Mass of 1 mL syringe, g D 14.556 Mass of 1 mL syringe + solution, g E 15.820 Density of solution, g/mL ( derived H = E−D 1.264 Volume of solution, mL ( derived I = G/H 19.687 Conc. of stock solution, mg/mL ( derived J = F*1000/I 87.704 Table 4—Sample Calculations for Oil + Dispersant Six Point Calibration Oil + Dispersant Stock Standard Solution Concentration = 87.7 mg/mL ( Table 3 Standard—stock vol. (uL) Theoretical conc., mg/mL Area (340-400 nm) RF Avg. RF Dev. from Slope 25 0.088 4.126 0.021 0.021 2.931 48.759 50 0.175 8.757 0.020 3.017 100 0.351 16.559 0.021 2.577 150 0.526 25.666 0.021 0.731 200 0.702 34.142 0.021 0.500 250 0.877 43.006 0.020 1.260 Table 5—LCL95 Sample Calculation With Test Oil and Example Dispersant `A' Rep Area Dilution factor Extract Conc, Mass in Total oil dispersed, Efficiency, Average Std. Variance Coef. of LCL95 1 32.197 1 25 0.66 16.51 66.03 79.76 81.30 4.46 19.85 5.48 81.30 2 35.470 1 25 0.73 18.19 72.75 87.87 3 30.260 1 25 0.62 15.52 62.06 74.96 4 31.831 1 25 0.65 16.32 65.28 78.85 5 33.355 1 25 0.68 17.10 68.41 82.63 6 33.791 1 25 0.69 17.33 69.30 83.71 * = 25 ml of DCM extract captured oil from 30 ml of aqueous DE test. 2.11 References for Section 2.0 (1) U.S. Environmental Protection Agency (1994), “Swirling Flask Dispersant Effectiveness Test,” Title 40 Code of Federal Regulations, (2) Sorial, G.A., A.D. Venosa, K.M, Koran, E. Holder, and D.W. King. 2004. “Oil spill dispersant effectiveness protocol: I. Impact of operational variables.” ASCE J. Env. Eng. 130(10):1073-1084. (3) Sorial, G.A., A.D. Venosa, K.M, Koran, E. Holder, and D.W. King. 2004. “Oil spill dispersant effectiveness protocol: II. Performance of revised protocol.” ASCE J. Env. Eng. 130(10):1085-1093. (4) Venosa, A.D., D.W. King, and G.A. Sorial. 2002. “The baffled flask test for dispersant effectiveness: a round robin evaluation of reproducibility and repeatability.” Spill Sci. & Technol. Bulletin 7(5-6):299-308. (5) Spotte, S., G. Adams, and P.M. Bubucis. 1984. “GP2 medium is an synthetic seawater for culture or maintenance of marine organisms,” Zoo Biol, 3:229-240. (6) Grubbs, F. 1969. “Sample Criteria for Testing Outlying Observations,” Annals of Mathematical Statistics, pp. 27-58. 3.0 Dispersant Toxicity Testing 3.1 Summary. Americamysis bahia Menidia beryllina Americamysis bahia Menidia beryllina Strongylocentrotus purpuratus Arbacia punctulata, Americamysis bahia Menidia beryllina Table 6—Toxicity Testing Requirements for Dispersants Test procedure Test 96-Hr static acute: Menidia beryllina 48-Hr static acute: Americamysis Bahia 72-Hr sea urchin developmental assay 7-Day subchronic: M. beryllina & A. bahia Dispersant only yes yes yes yes Dispersant—Reference Oil Mixture yes yes no no 3.2 Preparation of Stock Solutions 3.2.1 Dispersant. 3.2.2 Dispersant-Reference Oil(s) Mixtures. https://www.epa.gov/emergency-response/national-contingency-plan-subpart-j#howto. Americamysis bahia Menidia beryllina. 3.3 Preparation of Exposure Concentrations. 3.3.1 Concentration Selection. e.g. 50 e.g. 3.3.2 Exposure Concentrations. 3.3.3 Reference Toxicants. Menidia beryllina Americamysis bahia. 3.4 Chemical Analysis of Stock Solutions. 3.5 Static Acute Tests with M. beryllina and A. bahia 3.5.1 General. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms 3.5.2 Test Solutions. 3.5.3 Number of Treatments, Replicates and Organisms. 3.5.4 Exposure Period. Americamysis bahia Menidia beryllina. 3.5.5 Test Acceptability. 50 50 3.5.6 Static Acute Test Summary. 3.6 Sea Urchin Developmental Test with Dispersant Product 3.6.1 General. Strongylocentrotus purpuratus Dendraster excentricus Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms Arbacia punctulata 3.6.2 Test Organism. 3.6.3 Test Solutions. 3.6.4 Number of Treatments and Replicates. 3.6.5 Exposure Duration and Test Endpoint. 50 25. 50 95 95 3.6.6 Test Acceptability. 50 50 3.6.7 Urchin Developmental Test Summary. 3.7 Seven-day Subchronic Tests with M. beryllina and A. bahia 3.7.1 General. Menidia beryllina Mysidopsis Americamysis bahia Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms 3.7.2 Test Solutions. 3.7.3 Number of Treatments, Replicates and Organisms. Menidia beryllina: M. beryllina Americamysis bahia: A. bahia 3.7.4 Exposure Duration and Test Endpoint. Menidia beryllina Americamysis bahia 50 25 50 A. bahia 3.7.5 Test Acceptability. Menidia beryllina Americamysis bahia. 3.7.6 Subchronic Test Summary. 3.8 Laboratory Report. 3.8.1 Test Objective: 3.8.2 Product Information: 3.8.3 Contract Facility: 3.8.4 Dilution Water: 3.8.5 Test Conditions: 3.8.6 Test Organisms: e.g., 3.8.7 Reference toxicant: 3.8.8 Quality Assurance: 3.8.9 Test Results: i.e., 50 25 50 3.8.10 Analytical Results: 3.8.11 Conclusions: Table 7—Summary of Test Conditions—Dispersant Toxicity Acute M. beryllina Acute A. bahia Subchronic M. beryllina Subchronic A. bahia Development S. purpuratus/A. punctulata Test type Static non-renewal Static non-renewal Static renewal (daily) Static renewal (daily) Static non-renewal. Test duration 96 hours 48 hours 7 days 7 days 72 ± 2 hours. Salinity 20 ± 2‰ 20 ± 2‰ 20 ± 2‰ 20 ± 2‰ 34 ± 2‰. Temperature 25 ± 1 °C. Test temperatures must not deviate (maximum minus minimum temperature) by for than 3 °C during the test. 15 ± 1 °C. Light quality Ambient laboratory illumination. Light intensity 10-20 µE/m 2 Photoperiod 16 h light, 8 h darkness, with phase in/out period recommended. Test chamber size 1 250 mL 250 mL 600 mL-1 L 400 mL 30 mL. Test solution volume 1 200 mL 200 mL 500-750 mL 150 mL 10 mL. Age of test organism 2 9-14 days 1-5 days 7-11 days 7 days 1 hr old fertilized eggs. No. organisms per test chamber 10 10 10 5 25 embryos per mL. No. of replicate chambers per concentration 3 3 4 8 4. Feeding regime Refer to specific feeding procedures provided in each test method. None. Aeration None, unless DO falls below 4.0 mg/L, then aerate all chambers. Rate: <100 bubbles/minute. Test concentrations 5 exposure concentrations and a control (minimum required). Test acceptability (required) ≥90% survival in controls ≥90% survival in controls For controls: ≥80% survival; average dry weight ≥0.5mg where test starts with 7 day old larvae, or ≥0.43 mg for larvae preserved for ≤7days For controls: ≥80% survival; average dry weight ≥0.20 mg ≥80% normal shell development in controls. 1 2 3.9 References for Section 3.0 (1) U.S. EPA. 2002. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. (2) U.S. EPA. 1995. Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms. (3) U.S. EPA. 2002. Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms. (4) U.S. EPA. 2008. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods http://www.epa.gov/osw/hazard/testmethods/sw846/online/index.htm 4.0 Standard Acute Toxicity Testing of Surface Washing Agents, Bioremediation Agents, Herding Agents, and Solidifiers. 4.1 Summary. Americamysis bahia Menidia beryllina Ceriodaphnia dubia Pimephales promelas Table 8—Toxicity Testing Requirements for Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers Application environment Test procedure 96-hr Static acute: Menidia beryllina 48-hr Static acute: Americamysis bahia 96-hr Static acute: Pimephales promelas 48-hr Static acute: Ceriodaphnia dubia Saltwater only yes yes no no. Freshwater only no no yes yes. Freshwater and saltwater use yes yes yes yes. 4.2 Dilution Water. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms 4.3 Preparation of Stock Solutions. 4.3.1 Liquid Surface Washing Agents and/or Herding Agents. 4.3.2 Bioremediation Agents. 4.3.3 Solid Phase Products. 4.4 Preparation of Exposure Concentrations. 4.4.1 Concentration Selection. e.g. 50 e.g. 4.4.2 Exposure Concentrations. 4.4.3 Reference Toxicants. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms 4.5 Saltwater Static Acute Tests with Menidia beryllina and Americamysis bahia 4.5.1 General. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms 4.5.2 Test Solutions. 4.5.3 Number of Treatments, Replicates and Organisms. 4.5.4 Exposure Period. A. bahia M. beryllina. 4.5.5 Test Acceptability. 50 50 4.5.6 Static Acute Test Summary. 4.6 Freshwater Static Acute Tests with Pimephales promelas and Ceriodaphnia dubia 4.6.1 General. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms 4.6.2 Test Solutions. 4.6.3 Number of Treatments, Replicates and Organisms. P. promelas: C. dubia: 4.6.4 Exposure Period. C. dubia P. promelas. 4.6.5 Test Acceptability. 50 50 4.6.6 Static Acute Test Summary. 4.7 Laboratory Report. 4.7.1 Test Objective: 4.7.2 Product Information: 4.7.3 Contract Facility: 4.7.4 Dilution Water: 4.7.5 Test Conditions: 4.7.6 Test Organisms: e.g., 4.7.7 Reference toxicant: 4.7.8 Quality Assurance: 4.7.9 Test Results: i.e., 50 50 4.7.10 Conclusions: Table 9—Summary of Test Conditions—Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers Toxicity Saltwater acute M. beryllina Saltwater acute A. bahia Freshwater acute P. promelas Freshwater acute C. dubia Test type Static non-renewal Static non-renewal Static non-renewal Static non-renewal. Test duration 96 hours 48 hours 96 hours 48 hours. Salinity 20 ± 2‰ 20 ± 2‰ NA NA. Temperature 25 ± 1 °C. Test temperatures must not deviate (maximum minus minimum temperature) by more than 3 °C during the test. Light quality Ambient laboratory illumination. Light intensity 10-20 µE/m 2 Photoperiod 16 h light, 8 h darkness, with phase in/out period recommended. Test chamber size 1 250 mL 250 mL 250 mL 30 mL. Test solution volume 1 200 mL 200 mL 200 mL 15 mL. Age of test organism 2 9-14 days 1-5 days 1-14 days <24 hours. No. organisms per test chamber 10 10 10 5. No. of replicate chambers per concentration (minimum) 3 3 3 4. Feeding regime Refer to specific feeding procedures provided in each test method. Aeration None, unless DO falls below 4.0 mg/L, then aerate all chambers. Rate: <100 bubbles/minute. Test concentrations 5 exposure concentrations and a control (minimum required). Test acceptability (required) ≥90% survival in controls. 1 2 4.8 References for Section 4 (1) U.S. EPA. 2002. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. 5.0 Bioremediation Agent Efficacy Test Protocol 5.1 Summary. Note to 5.1: 5.2 Apparatus. 5.2.1 Assorted flasks and other glassware; 5.2.2 Graduated cylinders (100 mL); 5.2.3 Deionized water; 5.2.4 250 mL borosilicate glass Erlenmeyer flasks; 5.2.5 250 mL separatory funnels with stopcocks 5.2.6 Pasteur pipettes; 5.2.7 Multichannel pipettor (5-50 mL and 50-200 mL); 5.2.8 Autoclave; environmental room or incubator; 5.2.9 Balance accurate to 0.1 mg; 5.2.10 Orbital shaker table with clamps sized to hold flasks securely; 5.2.11 GC/MS instrument equipped with a DB-5 capillary column (30 m, 0.25 mm ID, and 0.25 mm film thickness) or equivalent, and a split/splitless injection port operating in the splitless mode, such as an Agilent 6890 GC/5973 MS (or equivalent) equipped with an auto-sampler for testing multiple samples; and 5.2.12 Fixed Rotor Centrifuge. 5.3 Reagents and consortium medium. 5.3.1 Stock Seawater Preparation. et al., 3 5.3.2 Seawater for the positive control flasks. 5 3 10 3 3 2 Table 10—Artificial Seawater Nutrient Concentrations Constituent Final * FeCl 3 2 0.050 KNO 3 2.890 * Na 5 3 10 0.297 * Added aseptically after the GP2 has been autoclaved to limit phosphorus and iron precipitation. 5.3.3 Seawater for bioremediation agents that do not include nutrients. If a bioremediation agent contains living microorganisms but not nutrients (or limiting concentrations of nutrients), then nutrients may be added by the manufacturer. However, the total concentration of the nutrients added to the bioremediation agent must not exceed the final concentrations listed in Table 11 of this Appendix. Table 11—Artificial Seawater Nutrient Concentrations for BioRemediation Agents Having No Nutrients Included Constituent Final as Iron (Fe) 0.010 as Nitrogen (N) 0.400 as Phosphorus (P) 0.075 If nutrients are supplied by the product manufacturer, the specific composition and concentration used in the efficacy testing must be submitted. 5.3.4 Freshwater Preparation. et al., 3 2 2 4 Table 12—Constituent Concentrations for Artificial Freshwater [Bushnell-Haas] Constituent Final MgSO 4 2 200 CaCl 2 2 20 FeCl 3 2 50 MnSO 4 2 0.0302 H 3 3 0.0572 ZnSO 4 2 0.0428 (NH 4 6 7 2 0.0347 5.3.5 Freshwater for the positive control. Table 13—Freshwater Nutrient Concentrations Constituent Final 1 KNO 3 2.89 KH 2 4 1.00 K 2 4 1.00 1 5.3.6 Freshwater for bioremediation agents that contain living microorganisms but not nutrients or limiting concentrations of nutrients. Table 14—Artificial Freshwater Nutrient Concentrations for Bioremediation Agents Having No Nutrients Included Constituent Final 1 as Iron (Fe) not added since iron is already in the freshwater solution. as Nitrogen (N) 0.400. as Phosphorus (P) 0.400. 1 If nutrients are supplied by the product vendor, the specific composition and concentration used in the efficacy testing must be submitted. 5.3.7 Oil Preparation. https://www.epa.gov/emergency-response/national-contingency-plan-subpart-j#howto 5.3.8 Sodium azide sterilant. 3 5.4 Experimental Setup and Procedure 5.4.1 Autoclave clean borosilicate glass Erlenmeyer flasks (250 mL) for 20 minutes at 121 °C at 15 psig. 5.4.2 Label flasks with the appropriate code (negative control, positive control, or product; day to be sampled (0 or 28); letter indicating replicate number) to reflect the following treatment design in Table 15 of this Appendix: Table 15—Bioremediation Efficacy Test—Summary of Experimental Setup Treatment Number of Analysis Day 0 Day 28 Negative (killed) Control (oil + exposure water + product + EPA consortium + NaN 3 0 3 GC/MS * Positive control (oil + exposure water + nutrients + EPA consortium) 6 6 GC/MS Test Type 1: 6 6 GC/MS Test Type 2: 6 6 GC/MS Test Type 6 6 GC/MS * The laboratory must report positive control test results conducted within the year of any test results for bioremediation products, for one or both types of water as applicable. 5.4.3 Aseptically dispense 100 mL of pre-sterilized artificial exposure water (seawater or freshwater) into each sterile flask. For the positive control flasks, use exposure water containing nutrients. 5.4.4 Tare the labeled flasks containing exposure water and other additions, as necessary, on the balance with a minimum accuracy of 0.01 g. Add drop-wise 0.50 g oil (this results in a final oil concentration of 5 g/L) using a sterile Pasteur pipette to the center of the flask taking care to avoid splashing the oil onto the sides of the flasks. Record the precise weight. ANS521 may be previously warmed in a hot water bath at 60 °C for 40-60 minutes to facilitate its flow. Take precautions when handling and charging the flasks to minimize the likelihood of contamination by exogenous microbes, including using a new sterile pipette for each series of flasks. 5.4.5 Preparation of the EPA consortium for both the positive control flasks and the flasks containing non-living bio-stimulation products. Use the supplied vials containing approximately 5 mL of the known EPA consortium frozen in glycerol. Thaw the supplied vials at room temperature ( do not allow cultures preserved in glycerol to sit at room temperature past thawing g 5.4.6 Positive control flasks contain exposure water, oil, nutrients, and the EPA consortium. 5.4.7 Negative killed control flasks for all products shall contain exposure water, oil, product, the EPA consortium for products not containing a living culture, and the sodium azide sterilant at a final concentration of 0.5 g/L. Add the sodium azide sterilant prior to adding any product or EPA consortium. For the negative killed control flasks and product flasks, prepare and add the product to the flasks in a concentration specified by the manufacturer or vendor. 5.4.8 For non-living products that contain nutrient only, use the EPA consortium as the inoculum. 5.4.9 For other non-living products ( e.g., 5.4.10 For products containing living microorganisms, prepare 6 flasks the same way as in Steps a-d, but without the EPA consortium. A product that contains its own nutrients must not be amended with nutrients, unless the product contains insufficient nutrients. Since this is a closed flask test, nutrients could be limiting if they are at the same concentration as used in the field. This could cause the product to fail the test. Thus, the manufacturer has the option to supplement its product with a higher concentration of nutrients than that contained in the product. Any nutrient supplements to a product must be reported and must not exceed the concentration limits in Table 10 (for seawater) and 13 (for freshwater) of this Appendix, as applicable. 5.4.11 Cap all flasks either with sterile cotton stoppers or loosely applied aluminum foil to allow gas exchange with the atmosphere. Set aside the T = 0 flasks for immediate extraction and analysis. Place the rest of the flasks onto the orbital shaker table. Do not tip the flasks excessively to avoid stranding oil above the mixing area of the flask. Set the orbital shaker to 200 rpm and shake the flasks for 28 days at 20-23 °C in the dark. 5.4.12 Submit all information on added microorganisms and nutrients for testing in the data report. 5.5 Sampling and Chemical Analysis. 5.5.1 Summary. Table 16—Bioremediation Efficacy—Summary of Analytical Procedures Matrix Measurement Sampling/ Analysis Sample container/quantity of sample Preservation/ Holding DCM N/A Solvent Exchange to Hexane N/A Capped Vial with Teflon septa, 30 mL 4 6 Hexane Hydrocarbon Concentration SOP 4 GC/MS Capped Vial with Teflon septa, 10 mL 4 6 5.5.2 Hydrocarbon Extraction. g 2 4 5.5.3 Solvent Exchange. 5.5.4 Hydrocarbon Analysis. 5.6 Quality Assurance/Quality Control (QA/QC). 5.6.1 Objectives. i.e., 5.6.2 Precision Objectives. 5.6.3 Accuracy Objectives. 5.6.4 Calibration Range. 5.6.5 Quality Control. Table 17—QA/QC Checks Sample Measurement QA/QC check Frequency Acceptance criteria Corrective action DCM GC/MS hydrocarbon analysis Blanks Once per calibrated run Peak area of interfering peaks <10% of lowest standard peak area Flush with solvent, clean injection port, and/or bake column. DCM GC/MS hydrocarbon analysis DFTPP Check Standard Once per calibrated run Must pass all DFTPP criteria If any criteria fail, retune and rerun DFTPP check standard. DCM GC/MS hydrocarbon analysis Initial Calibration Samples Once per calibrated run Response Factor RSD ≤25% or R2 >0.99 If RSD for any one compound >25%, recalibrate. DCM GC/MS hydrocarbon analysis Calibration Check Standards Every 10-15 samples ±25% of expected values If >5 compounds are out of range, recalibrate and rerun samples. Hexane GC/MS hydrocarbon analysis Surrogates Every Sample ±30% of expected values Re-inject. Hexane GC/MS hydrocarbon analysis Biomarker Concentration Every Sample ±25% of average values Re-inject. 5.7 Pass/Fail Criteria. 5.7.1 Calculate the mean and standard deviation of the hopane-normalized total aromatics (sum of all resolved aromatics) and hopane-normalized total alkane concentrations (sum of all resolved alkanes) from the 6 independent replicates at days 0 and 28. To normalize, divide the sum of the alkane analytes and the sum of the aromatic analytes in each replicate by the hopane concentration in the corresponding replicate. 5.7.2 From those data, calculate the 95% Upper Confidence Level (UCL95) at days 0 and 28 using the following formula (Equation 11 of this Appendix): where: x t (0 and 28) t 95, 5 df s = the standard deviation of the 6 replicates at day 0 and 28, and n = no. of replicates = 6. 5.7.3 Using Equation 12 of this Appendix, calculate the % reduction of each oil fraction from day 0 to day 28, using the day 0 and 28 UCL 95 where: t 28( UCL 95) 95 t 0( UCL95) 95 5.7.4 A product is successful in saltwater or freshwater if the % reduction of total alkanes (aliphatic fraction) from the GC/MS analysis is greater than or equal to 85% and the % reduction of total aromatics (aromatic fraction) is greater than or equal to 35% at day 28 based on the UCL 95 5.8 Data Verification and Reporting. 5.9 Laboratory Report. i.e., 5.10 Standard Operating Procedures (SOPs) 1-4 5.10.1 SOP 1. Preparation of Surrogate Recovery Standards 5.10.1.1 Preparation: 5.10.1.1.1 Solvents: 5.10.1.1.2 Reagents: D36-Heptadecane (C17) D50-Tetracosane (C24) D66-Dotriacontane (C32) D10-1-Methylnaphthalene D10-Phenanthrene D10-Pyrene 5-beta-cholestane (coprostane) Note: 5.10.1.1.3 Equipment: Micro-spatula Small beakers Glass funnel Analytical balance (0.0001g) Vials with Teflon-lined caps Teflon wash bottle with Optima grade DCM Volumetric flask (250 mL), class A Pasteur pipettes 5.10.1.2 Procedure: 5.10.1.2.1 Using a calibrated analytical balance, weigh 100 mg (0.100 g) of each reagent into separate 10-25 mL beakers. 5.10.1.2.2 Dissolve the reagents in their beakers by adding 10 mL DCM. Use a Pasteur pipette to transfer the solutions to a single 250 mL volumetric flask. 5.10.1.2.3 Wash the beakers 3 or 4 times with DCM. Use a Pasteur pipette to transfer each of the washings to the 250 mL volumetric flask. 5.10.1.2.4 Dilute the solution to the 250 mL volume mark on the volumetric flask with DCM. 5.10.1.2.5 Use a glass stopper to seal the flask and homogenize the solution by inverting the flask 5 or more times. The final concentration of this solution is 400 mg/L for each of the reagents. 5.10.1.2.6 Transfer the solution into 40 mL storage vials and cap with Teflon-lined caps and label each with the date of preparation, operator, sample names, and concentrations. 5.10.1.2.7 Weigh each vial and record its weight on the label. This weight is used to monitor possible evaporation during storage. 5.10.1.2.8 Store these vials at 0 °C or lower. 5.10.1.2.9 Before using, allow the solution to come to room temperature, and then shake it well. 5.10.1.2.10 Weigh the vial before using it and compare the weight with the last weight recorded on the vial. 5.10.1.2.11 If the weights are consistent, the integrity of the solution can be assumed. If not, investigate and resolve the cause. Prepare a new solution if the integrity has been compromised. 5.10.1.3 Quality Control: 5.10.2 SOP 2. Preparation of Internal Standard Solution 5.10.2.1 Preparation: 5.10.2.1.1 Solvents: 5.10.2.1.2 Reagents: D34 n-Hexadecane (C16) D42 n-Eicosane (C20) D62 n-Triacontane (C30) D8-Naphthalene D10-Anthracene D12-Chrysene 5-alpha-Androstane Note: 5.10.2.1.3 Equipment: Micro-spatula Small beakers Glass funnel Analytical balance (0.0001g), calibrated and checked for accuracy Amber vials with Teflon-lined caps, labeled Teflon wash bottle with DCM Volumetric flask (200 mL), class A Pasteur pipettes 5.10.2.2 Procedure: 5.10.2.2.1 Using a calibrated analytical balance, weigh 100 mg (0.100 g) of each of the reagents into separate small beakers. 5.10.2.2.2 Dissolve the reagents in their beakers by adding 10 mL DCM; using a Pasteur pipette, transfer the solutions to a single 200 mL volumetric flask. 5.10.2.2.3 Wash the beakers 3 or 4 times with DCM; use a Pasteur pipette to transfer each of the washings to the 200 mL volume mark on the volumetric flask. 5.10.2.2.4 Dilute the solution with DCM to the 200 mL volume. 5.10.2.2.5 Seal the flask with a glass stopper and homogenize the solution by inverting the flask a minimum of 5 times. The final concentration of this solution is 500 mg/L of each reagent. 5.10.2.2.6 Transfer the solution into 40 mL storage vials and cap with Teflon-lined caps. Label each vial with the date of preparation, operator, sample names, and concentrations. 5.10.2.2.7 Weigh each vial, and record its weight on the label. This weight is used to monitor possible evaporation during storage. 5.10.2.2.8 Store this solution at 0 °C or lower. 5.10.2.2.9 Before using, allow the solution to come to room temperature, and then shake it well. 5.10.2.2.10 Weigh the vial before using it, and compare the weight with the last weight recorded on the vial. 5.10.2.2.11 If the weights are consistent, the integrity of the solution can be assumed. If not, investigate and resolve the cause. Prepare a new solution if the integrity has been compromised. 5.10.2.3 Quality Control: 5.10.3 SOP 3. Preparation of Working Standards, Check Standards, and Oil Standards for GC/MS Consistency. 5.10.3.1 Preparation: 5.10.3.1.1 Solvent: 5.10.3.1.2 Stock solutions: 5.10.3.1.2.1 Oil analysis standard: 5.10.3.1.2.2 Nine compound PAH standard: 5.10.3.1.2.3 1,2-Benzodiphenylene sulfide, (synonym for naphthobenzothiophene). Prepare a 2 mg/mL stock solution. Available from Sigma-Aldrich Co., Part # 255122, purity 99%. 5.10.3.1.2.4 Hopane solution (17 α (H), 21β (H), 0.1 mg/mL in isooctane. Available from Sigma-Aldrich Co. Part #90656. 5.10.3.1.2.5 Surrogate solution: 5.10.3.1.2.6 Internal standard solution, 500 mg/L in DCM (see SOP 2 of this Appendix). 5.10.3.1.3 Alaska North Slope Crude Oil 521 (ANS521). 5.10.3.1.4 Equipment: 5.10.3.1.4.1 Glass storage vials with Teflon-lined caps (2 mL and 40 mL capacity); 5.10.3.1.4.2 Volumetric flasks, Class A, 5 mL, 10 mL, and 100 mL 5.10.3.1.4.3 Glass syringes capable of dispensing 25-500 µL with an accuracy and precision of ± 1%, or equivalent 5.10.3.1.4.4 Wheaton repetitive dispenser, Model 411 STEP-PETTE or equivalent 5.10.3.1.4.5 Teflon wash bottle filled with Optima grade DCM or equivalent grade DCM 5.10.3.1.4.6 Pasteur pipettes The volumes of stock solutions required to make the working standards are listed in Table SOP 3.1 of this Appendix. Table SOP 3.1—Amount of Stock Solutions Required To Make the Working Standards Stock standards A B C D E F Working standards concentration, mg/L Oil Aromatics 1,2-Benzo- Surrogate Hopane Volumetric flask volume ISTD STD 30 (no hopane) 1,500 150 75 375 0 5 100 STD 20 (5 mg/L hopane) 1,000 100 50 250 250 5 100 STD 10 (2.5 mg/L hopane) 500 50 25 125 125 5 100 STD 5 * (1 mg/L hopane) 500 50 25 125 100 10 200 STD 5-Utility (1 mg/L hopane) 500 50 25 125 100 10 (used for preparation of STD 2.5 & STD 1) 0 STD 2.5 (0.5 mg/L hopane) Use 5 mL of STD 5-Utility and dilute to 10 mL. 200 STD 1 (0.2 mg/L hopane) Use 2 mL of STD 5-Utility and dilute to 10 mL. 200 STD 0.1 (0.2 mg/L hopane) Use 0.2 mL of STD 5-Utility and dilute to 10 mL. 200 * Make extra STD 5 for use as check standard. 5.10.3.2 Procedure for Working Standards and Check Standards: 5.10.3.2.1 Label three 5 mL volumetric flasks as STD30, STD20, STD10, and two 10 mL volumetric flasks as STD5, and STD5-utility. 5.10.3.2.2 Add 1-2 mL of DCM to each volumetric flask. 5.10.3.2.3 Using glass syringes, add the appropriate volume of stock solution A (as listed in Table SOP 3.1 of this Appendix) to the flasks labeled STD30, STD20, STD10, STD5, and STD5-utility. 5.10.3.2.4 Wash the walls of the inner neck of the flasks with several drops of DCM to rinse off the residue of the stock solution into the flasks. 5.10.3.2.5 Repeat Step 3 and Step 4 to dispense stock solutions B-E (do not add stock solution F, internal standard solution, at this step). 5.10.3.2.6 Dilute to volume with DCM for all the above flasks, seal with glass stoppers, and invert several times to homogenize the solutions. 5.10.3.2.7 Label three additional 10 mL volumetric flasks as STD2.5, STD1, and STD0.1. Wet with 1-2 mL DCM. 5.10.3.2.8 Dispense 5 mL of STD5-utility solution into flask STD2.5, 2 mL of STD5-utility solution into flask STD1, and 0.2 mL of STD5-utility solution into flask STD0.1. 5.10.3.2.9 Dilute to volume with DCM, seal with glass stoppers, and invert several times to homogenize the solutions. 5.10.3.2.10 Using a 100 µL glass syringe, dispense 100 µL of internal standard solution into flasks STD30, STD20, and STD10. Dispense 200 µL into flasks STD5, STD2.5, STD1, and STD0.1 to give a final concentration of 10 mg/L internal standard. 5.10.3.2.11 Seal with glass stoppers, and invert the flasks several times to homogenize the solutions. 5.10.3.2.12 Transfer the solutions into 2 mL storage vials, and cap with Teflon-lined caps. 5.10.3.1.13 Label each vial with date of preparation, analyst, sample names, and concentrations. 5.10.3.2.14 Weigh each storage vial and record its weight on the label. This weight is used to monitor possible evaporation during storage. 5.10.3.2.15 Store this solution at 0 °C or below. 5.10.3.2.16 Before using, allow the solution to come to room temperature, and shake it well. 5.10.3.2.17 Weigh the vial before opening, and compare the weight with the last weight recorded on the vial. If the weights are consistent, the integrity of the solution can be assumed. If not, investigate and resolve the cause. Do not use the solution if the integrity has been compromised. 5.10.3.3 Procedure for Oil Standard. 5.10.3.4 Quality Control/Quality Assurance: 5.10.3.4.1 Run the seven standard solutions using the GC/MS method (SOP 4) on a tuned GC/MS. Use the EnviroQuant software or equivalent to calculate the average Relative Response Factor (RRF) and the relative standard deviation (RSD) of the RRFs for each analyte over the six concentrations. The RRF is defined as: 5.10.3.4.2 The RSD of the RRFs for all analytes must be 25% or less. Alternatively, the coefficients of determination (R2) for the calibration curve for each target compounds and surrogate should be over 0.99. 5.10.4 SOP 4. GC/MS Method for the Analysis of Crude Oil Samples. 5.10.4.1 Instrument Specifications: 5.10.4.1.1 Use an Agilent 6890 GC coupled with an Agilent 5973 mass selective detector (MSD) and an Agilent 6890 series auto sampler or equivalent, equipped with a DB-5 capillary column (30 m, 0.25 mm I.D., and 0.25 µm film thickness) or equivalent, and a split/splitless injection port operating in the splitless mode. Data acquisition occurs in the SIM (selected ion monitoring) mode for quantitative analysis. In SIM mode, the dwell time of each ion is set to be 10 milliseconds and the ions are split up into groups by retention time. One way to divide the ions is by retention time grouping as shown in Table SOP 4.1 of this Appendix. The number of ions in each ion group must be constant, yielding the same scan rate for each group. Table SOP 4.1—Ions Associated With Retention Time Groups Group Ions 1 57, 66, 128, 136, 142, 152, 156, 166, 170, 184. 2 57, 66, 166, 170, 178, 180, 184, 188, 192, 194, 198, 208. 3 57, 66, 178, 184, 188, 192, 194, 198, 202, 206, 208, 212, 220, 226. 4 57, 66, 192, 198, 202, 206, 208, 212, 216, 220, 226, 230, 234, 245. 5 57, 66, 191, 217, 228, 240, 242, 248, 256, 262, 264, 270, 276, 284. 5.10.4.1.2 Table SOP 4.2 of this Appendix summarizes the instrumental conditions for crude oil analysis. Use only ultra-high purity helium (99.999% pure) as the carrier gas. In series, connect a moisture trap, an oxygen trap, and an organic trap to the carrier gas line before it enters the column. Table SOP 4.2—Instrumental Conditions for Crude Oil Analysis Instrument Agilent 6890 Series II Gas Chromatograph (GC) with an Agilent 5973MSD and an Agilent 6890 auto sampler, or equivalent. Column DB-5 capillary column (30 m, 0.25 mm I.D., and 0.25-mm film thickness) or equivalent. Carrier Gas Helium, ultra-high purity grade (99.999%). Inlet Temperature 300 °C. Transfer Line (detector) Temperature 310 °C. Oven Temperature Program 50 °C for 4 minutes, then 7 °C/min to 310 °C, hold for 18 minutes. Flow Rate Constant flow at 1mL/min. Linear velocity: 36.2 cm/sec. Injection Volume 1 µL. Split/Splitless Mode Splitless. Total Run Time 59.18 minutes. 5.10.4.2 Procedure for preparing the instrument: 5.10.4.2.1 Lower the injection port temperature and the oven temperature to 50 °C or less to avoid oxidation of the column. 5.10.4.2.2 Replace the liner with a clean, silanized liner. Do not touch the liner with bare fingers. A small piece of muffled glass wool may be inserted to protect the column. 5.10.4.2.3 Return the injection port and oven to the appropriate temperatures. 5.10.4.2.4 Wait five minutes after the temperature equilibrates before using the instrument. 5.10.4.3 Procedure for tuning the MSD: 5.10.4.3.1 Perform an air/water check. The value reported for the relative abundance of water (m/z 18), nitrogen (m/z 28), oxygen (m/z 32), or carbon dioxide (m/z 44) shall be less than 5% of the base peak for the system to be considered leak free and are expected to be closed to 1% for a stable system. 5.10.4.3.2 Tune the MSD using the Standard Autotune program and the decafluorotriphenylphosphine (DFTPP) Tune program to reduce instrument variability. The Autotune report file is referenced by the instrument when performing an air/water check and thus must be run at least once per month. Run standards and samples using DFTPP Tune parameters, and retune the instrument using DFTPP Tune at least once per week. The tune programs use three fragment ions of perfluorotributylamine (PFTBA) as a standard for tuning: m/z 69, 219, and 502. Tune reports must meet the following criteria: 5.10.4.3.2.1 Symmetrical peaks; 5.10.4.3.2.2 Mass assignments within ±0.2 amu's from 69, 219, and 502; 5.10.4.3.2.3 Peak widths within 0.5 ± 0.1 amu's; 5.10.4.3.2.4 Relative abundance is 100% for ion 69, at least 35% for ion 219, and at least 1% for ion 502; 5.10.4.3.2.5 Relative abundances for isotope masses 70, 220, and 503 ± 0.2 amu's are 0.5-1.5%, 2-8%, and 5-15%, respectively; and 5.10.4.3.2.6 Air and water peaks at m/z = 18, 28, 32, and 44 amu's must be very small and consistent with historical values. 5.10.4.4 Maintaining a log book. 5.10.4.5 Running a Solvent Blank: 5.10.4.6 Checking the DFTPP Tune: Table SOP 4.3—Ion Abundance Criteria for DFTPP Mass, Relative to mass Relative abundance criteria Purpose of checkpoint 51 442 10-80% of the base peak Low mass sensitivity. 68 69 <2% of mass 69 Low mass resolution. 70 69 <2% of mass 69 Low mass resolution. 127 442 10-80% of the base peak Low-mid mass sensitivity. 197 198 <2% of mass 198 Mid mass resolution. 198 442 Base peak or >50% of 442 Mid mass resolution and sensitivity. 199 198 5-9% of mass 198 Mid mass resolution and isotope ratio. 275 442 10-60% of the base peak Mid-high mass sensitivity. 365 442 >1% of the base peak Baseline threshold. 441 443 Present and < mass 443 High mass resolution. 442 442 Base peak or >50% of 198 High mass resolution and sensitivity. 443 442 15-24% of mass 442 High mass resolution and isotopic ratio. 5.10.4.7 Calibrating with a Multiple-Point Calibration Curve. 5.10.4.8 Running Samples. 5.10.4.9 Quantification: Table SOP 4.4—Target Compound List Compound name Quantitation ion Reference compound for response factor Internal standard for quantitation N D34 C16 66 N D34 C16 D34 n C16 Q Ion 66. n-C14 57 n C14 n-C15 57 n C15 n-C16 57 n C16 N D34 C17 66 N D34 C17 n-C17 57 n C17 Pristane 57 Pristane n-C18 57 n C18 Phytane 57 Phytane n C19 57 n C19 N D42 C20 66 N D42 C20 D42 n C20 Q Ion 66. n C20 57 n C20 n C21 57 n C21 n C22 57 n C22 n C23 57 n C23 N D50 C 24 66 N D50 C 24 n C24 57 n C24 n C25 57 n C25 n C26 57 n C26 n C27 57 n C27 n C28 57 n C28 n C29 57 n C29 N D62 C30 66 N D62 C30 D62 n C30Q Ion 66. n C30 57 n C30 n C31 57 n C31 N D66 C32 57 N D66 C32 n C32 57 n C32 n C33 57 n C33 n C34 57 n C34 n C35 57 n C35 D8 Naphthalene 136 D8 Naphthalene D8 Naphthalene Q Ion 136. Naphthalene 128 Naphthalene D10 1-Methylnaphthalene 152 D10 1-Methylnaphthalene C1 Naphthalene * 142 C1 Naphthalene C2 Naphthalene * 156 C2 Naphthalene C3 Naphthalene * 170 C3 Naphthalene C4 Naphthalene * 184 C3 Naphthalene D10 Anthracene 188 D10 Anthracene D10 Anthracene Q Ion 188. D10 Phenanthrene 188 D10 Phenanthrene Phenanthrene 178 Phenanthrene C1 Phenanthrene * 192 C1 Phenanthrene C2 Phenanthrene * 206 C2 Phenanthrene C3 Phenanthrene * 220 C2 Phenanthrene C4 Phenanthrene * 234 C2 Phenanthrene Fluorene 166 Fluorene C1 Fluorene * 180 Fluorene C2 Fluorene * 194 Fluorene C3 Fluorene * 208 Fluorene Dibenzothiophene 184 Dibenzothiophene C1 Dibenzothiophene * 198 Dibenzothiophene C2 Dibenzothiophene * 212 Dibenzothiophene C3 Dibenzothiophene * 226 Dibenzothiophene Naphthobenzothiophene (NBT) 234 Naphthobenzothiophene C1 NBT * 248 Naphthobenzothiophene C2 NBT * 262 Naphthobenzothiophene C3 NBT * 276 Naphthobenzothiophene Fluoranthene 202 Fluoranthene D10 Pyrene 212 D10 Pyrene Pyrene 202 Pyrene C1 Pyrene * 216 Pyrene C2 Pyrene * 230 Pyrene D12 Chrysene 240 D12 Chrysene D12 Chrysene Q Ion 240. Benzo(a)anthracene/Chrysene * 228 Chrysene C1 Chrysene * 242 Chrysene C2 Chrysene * 256 Chrysene C3 Chrysene * 270 Chrysene C4 Chrysene * 284 Chrysene 5α-androstane 245 5α-androstane 5α-androstane Q Ion 245. Coprostane 219 Coprostane Hopane 191 Hopane * Summed compounds; draw an integration line underneath all peaks with selected ion. 5.10.4.10 Equation 14 of this Appendix is used to calculate the concentration of analytes in units of µg/g oil added: where: A analyte C istd A istd RRF = the relative response factor, and 100 is the conversion factor to convert mg/L DCM to µg/g oil added. 5.10.4.11 If some analytes are not commercially available, the RRFs of other compounds (usually the parent compound) are used to quantify those analytes. For example, the RRF of C3-naphthalene may be used to calculate the concentrations of C3- and C4-naphthalenes. See Table SOP 4.4 of this Appendix for details. The quantification of these alkylated PAHs is relative because it is assumed that the molecular ions of the alkylated PAHs have the same RRFs as the parent compound ions. Nevertheless, these relative concentrations are useful for monitoring the fate of these compounds during the course of any analysis, as long as their concentrations are measured in a consistent way throughout the analysis. 5.10.4.12 Concentration calculations for all target compounds are performed using EnviroQuant software or equivalent. Data for each sample can be printed directly using a customized report template. Data can also be automatically entered into a spreadsheet within the EnviroQuant software. 5.10.5 Quality Assurance/Quality Control. 5.10.5.1 Air/water check to verify the system is leak free. 5.10.5.2 AutoTune and DFTPP Tune pass all criteria. 5.10.5.3 DFTPP check standard passes all criteria. 5.10.5.4 Solvent blank scan indicates the GC/MS system is free of interfering contamination. 5.10.5.5 Prepare and monitor a control chart of a standard oil analysis. Concentrations of the analytes in the control chart must be no more than 25% different from their historical averages. 5.10.5.6 Relative response factors for analytes in the check standards inserted between every 10 samples must be no more than 25 percent different from the average RRF of those same analytes in the calibration curve. Peak shapes must be symmetrical. 5.11 References for Section 5 (1) Haines, J.R., E.J. Kleiner, K.A. McClellan, K.M. Koran, E.L. Holder, D.W. King, and A.D. Venosa. 2005. “Laboratory evaluation of oil spill bioremediation products in salt and freshwater systems.” J. Ind. Microbiol. Biotech 32: 171-185. [88 FR 38338, June 12, 2023, as amended at 88 FR 41834, June 28, 2023] Appendix D to Part 300—Appropriate Actions and Methods of Remedying Releases (a) This appendix D to part 300 describes types of remedial actions generally appropriate for specific situations commonly found at remedial sites and lists methods for remedying releases that may be considered by the lead agency to accomplish a particular response action. This list shall not be considered inclusive of all possible methods of remedying releases and does not limit the lead agency from selecting any other actions deemed necessary in response to any situation. (b) In response to contaminated soil, sediment, or waste, the following types of response actions shall generally be considered: removal, treatment, or containment of the soil, sediment, or waste to reduce or eliminate the potential for hazardous substances or pollutants or contaminants to contaminate other media (ground water, surface water, or air) and to reduce or eliminate the potential for such substances to be inhaled, absorbed, or ingested. (1) Techniques for removing contaminated soil, sediment, or waste include the following: (i) Excavation. (ii) Hydraulic dredging. (iii) Mechanical dredging. (2) Techniques for treating contaminated soil, sediment, or waste include the following: (i) Biological methods, including the following: (A) Treatment via modified conventional wastewater treatment techniques. (B) Anaerobic, aerated, and facultative lagoons. (C) Supported growth biological reactors. (D) Microbial biodegradation. (ii) Chemical methods, including the following: (A) Chlorination. (B) Precipitation, flocculation, sedimentation. (C) Neutralization. (D) Equalization. (E) Chemical oxidation. (iii) Physical methods, including the following: (A) Air stripping. (B) Carbon absorption. (C) Ion exchange. (D) Reverse osmosis. (E) Permeable bed treatment. (F) Wet air oxidation. (G) Solidification. (H) Encapsulation. (I) Soil washing or flushing. (J) Incineration. (c) In response to contaminated ground water, the following types of response actions will generally be considered: Elimination or containment of the contamination to prevent further contamination, treatment and/or removal of such ground water to reduce or eliminate the contamination, physical containment of such ground water to reduce or eliminate potential exposure to such contamination, and/or restrictions on use of the ground water to eliminate potential exposure to the contamination. (1) Techniques that can be used to contain or restore contaminated ground water include the following: (i) Impermeable barriers, including the following: (A) Slurry walls. (B) Grout curtains. (C) Sheet pilings. (ii) Permeable treatment beds. (iii) Ground-water pumping, including the following: (A) Water table adjustment. (B) Plume containment. (iv) Leachate control, including the following: (A) Subsurface drains. (B) Drainage ditches. (C) Liners. (2) Techniques suitable for the control of contamination of water and sewer lines include the following: (i) Grouting. (ii) Pipe relining and sleeving. (iii) Sewer relocation. (d)(1) In response to contaminated surface water, the following types of response actions shall generally be considered: Elimination or containment of the contamination to prevent further pollution, and/or treatment of the contaminated water to reduce or eliminate its hazard potential. (2) Techniques that can be used to control or remediate surface water include the following: (i) Surface seals. (ii) Surface water diversions and collection systems, including the following: (A) Dikes and berms. (B) Ditches, diversions, waterways. (C) Chutes and downpipes. (D) Levees. (E) Seepage basins and ditches. (F) Sedimentation basins and ditches. (G) Terraces and benches. (iii) Grading. (iv) Revegetation. (e) In response to air emissions, the following techniques will be considered: (1) Pipe vents. (2) Trench vents. (3) Gas barriers. (4) Gas collection. (5) Overpacking. (6) Treatment for gaseous emissions, including the following: (i) Vapor phase adsorption. (ii) Thermal oxidation. (f) Alternative water supplies can be provided in several ways, including the following: (i) Individual treatment units. (ii) Water distribution system. (iii) New wells in a new location or deeper wells. (iv) Cisterns. (v) Bottled or treated water. (vi) Upgraded treatment for existing distribution systems. (g) Temporary or permanent relocation of residents, businesses, and community facilities may be provided where it is determined necessary to protect human health and the environment. [55 FR 8865, Mar. 8, 1990]

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