[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.160]

[Page 37]
 
                   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 B_Responsibility and Organization for Response
 
Sec. 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 Sec. 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 Sec. 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.