[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: 40CFR300.410]

[Page 58-59]
 
                   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. 300.410  Removal site evaluation.

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

[[Page 59]]

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

[59 FR 47448, Sept. 15, 1994]