[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.405]

[Page 57-58]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN--
Table of Contents
 
                 Subpart E--Hazardous Substance Response
 
Sec. 300.405  Discovery or notification.

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

[[Page 58]]

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

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