[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.5]

[Page 8-19]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 300_NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN--
 
                         Subpart A_Introduction
 
Sec.  300.5  Definitions.

    Terms not defined in this section have the meaning given by CERCLA, 
the OPA, or the CWA.
    Activation means notification by telephone or other expeditious 
manner or, when required, the assembly of some or all appropriate 
members of the RRT or NRT.
    Alternative water supplies as defined by section 101(34) of CERCLA, 
includes, but is not limited to, drinking water and household water 
supplies.
    Applicable requirements means those cleanup standards, standards of 
control, and other substantive requirements, criteria, or limitations 
promulgated under federal environmental or state environmental or 
facility siting laws that specifically address a hazardous substance, 
pollutant, contaminant, remedial action, location, or other circumstance 
found at a CERCLA site. Only those state standards that are identified 
by a state in a timely manner and that are more stringent than federal 
requirements may be applicable.
    Area Committee (AC) as provided for by CWA sections 311(a)(18) and 
(j)(4), means the entity appointed by the President consisting of 
members from qualified personnel of federal, state, and local agencies 
with responsibilities that include preparing an area contingency plan 
for an area designated by the President.
    Area contingency plan (ACP) as provided for by CWA sections 
311(a)(19) and (j)(4), means the plan prepared by an Area Committee that 
is developed to be implemented in conjunction with the NCP and RCP, in 
part to address removal of a worst case discharge and to mitigate or 
prevent a substantial threat of such a discharge from a vessel, offshore 
facility, or onshore facility operating in or near an area designated by 
the President.
    Bioremediation agents means microbiological cultures, enzyme 
additives, or nutrient additives that are deliberately introduced into 
an oil discharge and that will significantly increase the rate of 
biodegradation to mitigate the effects of the discharge.
    Burning agents means those additives that, through physical or 
chemical means, improve the combustibility of the materials to which 
they are applied.
    CERCLA is the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended by the Superfund Amendments and 
Reauthorization Act of 1986.
    CERCLIS is the abbreviation of the CERCLA Information System, EPA's 
comprehensive data base and data management system that inventories and 
tracks releases addressed or needing to be addressed by the Superfund 
program. CERCLIS contains the official inventory of CERCLA sites and 
supports EPA's site planning and tracking functions. Sites that EPA 
decides do not warrant moving further in the site evaluation process are 
given a ``No Further Response Action Planned'' (NFRAP) designation. This 
means that no additional federal steps under CERCLA will be taken at the 
site unless future information so warrants. Sites given a NFRAP 
designation are placed in a separate archival data base. Inclusion of a 
specific site or area in the CERCLIS data base does not represent a 
determination of any party's liability, nor does it represent a finding 
that any response action is necessary.

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    Chemical agents means those elements, compounds, or mixtures that 
coagulate, disperse, dissolve, emulsify, foam, neutralize, precipitate, 
reduce, solubilize, oxidize, concentrate, congeal, entrap, fix, make the 
pollutant mass more rigid or viscous, or otherwise facilitate the 
mitigation of deleterious effects or the removal of the pollutant from 
the water. Chemical agents include biological additives, dispersants, 
sinking agents, miscellaneous oil spill control agents, and burning 
agents, but do not include sorbents.
    Claim for purposes of a release under CERCLA, means a demand in 
writing for a sum certain; for purposes of a discharge under CWA, it 
means a request, made in writing for a sum certain, for compensation for 
damages or removal costs resulting from an incident.
    Claimant as defined by section 1001 of the OPA means any person or 
government who presents a claim for compensation under Title I of the 
OPA.
    Coastal waters for the purposes of classifying the size of 
discharges, means the waters of the coastal zone except for the Great 
Lakes and specified ports and harbors on inland rivers.
    Coastal zone as defined for the purpose of the NCP, means all United 
States waters subject to the tide, United States waters of the Great 
Lakes, specified ports and harbors on inland rivers, waters of the 
contiguous zone, other waters of the high seas subject to the NCP, and 
the land surface or land substrata, ground waters, and ambient air 
proximal to those waters. The term coastal zone delineates an area of 
federal responsibility for response action. Precise boundaries are 
determined by EPA/USCG agreements and identified in federal regional 
contingency plans.
    Coast Guard District Response Group (DRG) as provided for by CWA 
sections 311(a)(20) and (j)(3), means the entity established by the 
Secretary of the department in which the USCG is operating, within each 
USCG district, and shall consist of: the combined USCG personnel and 
equipment, including marine firefighting equipment, of each port in the 
district; additional prepositioned response equipment; and a district 
response advisory team.
    Community relations means EPA's program to inform and encourage 
public participation in the Superfund process and to respond to 
community concerns. The term ``public'' includes citizens directly 
affected by the site, other interested citizens or parties, organized 
groups, elected officials, and potentially responsible parties (PRPs).
    Community relations coordinator means lead agency staff who work 
with the OSC/RPM to involve and inform the public about the Superfund 
process and response actions in accordance with the interactive 
community relations requirements set forth in the NCP.
    Contiguous zone means the zone of the high seas, established by the 
United States under Article 24 of the Convention on the Territorial Sea 
and Contiguous Zone, which is contiguous to the territorial sea and 
which extends nine miles seaward from the outer limit of the territorial 
sea.
    Cooperative agreement is a legal instrument EPA uses to transfer 
money, property, services, or anything of value to a recipient to 
accomplish a public purpose in which substantial EPA involvement is 
anticipated during the performance of the project.
    Damages as defined by section 1001 of the OPA means damages 
specified in section 1002(b) of the Act, and includes the cost of 
assessing these damages.
    Discharge as defined by section 311(a)(2) of the CWA, includes, but 
is not limited to, any spilling, leaking, pumping, pouring, emitting, 
emptying, or dumping of oil, but excludes discharges in compliance with 
a permit under section 402 of the CWA, discharges resulting from 
circumstances identified and reviewed and made a part of the public 
record with respect to a permit issued or modified under section 402 of 
the CWA, and subject to a condition in such permit, or continuous or 
anticipated intermittent discharges from a point source, identified in a 
permit or permit application under section 402 of the CWA, that are 
caused by events occurring within the scope of relevant operating or 
treatment systems. For purposes of the NCP, discharge also means 
substantial threat of discharge.

[[Page 10]]

    Dispersants means those chemical agents that emulsify, disperse, or 
solubilize oil into the water column or promote the surface spreading of 
oil slicks to facilitate dispersal of the oil into the water column.
    Drinking water supply as defined by section 101(7) of CERCLA, means 
any raw or finished water source that is or may be used by a public 
water system (as defined in the Safe Drinking Water Act (42 U.S.C. 300 
et seq.) or as drinking water by one or more individuals.
    Environment as defined by section 101(8) of CERCLA, means the 
navigable waters, the waters of the contiguous zone, and the ocean 
waters of which the natural resources are under the exclusive management 
authority of the United States under the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.); and any other surface 
water, ground water, drinking water supply, land surface or subsurface 
strata, or ambient air within the United States or under the 
jurisdiction of the United States.
    Exclusive economic zone, as defined by OPA section 1001, means the 
zone established by Presidential Proclamation Numbered 5030, dated March 
10, 1983, including the ocean waters of the areas referred to as 
``eastern special areas'' in Article 3(1) of the Agreement between the 
United States of America and the Union of Soviet Socialist Republics on 
the Maritime Boundary, signed June 1, 1990.
    Facility as defined by section 101(9) of CERCLA, means any building, 
structure, installation, equipment, pipe or pipeline (including any pipe 
into a sewer or publicly owned treatment works), well, pit, pond, 
lagoon, impoundment, ditch, landfill, storage container, motor vehicle, 
rolling stock, or aircraft, or any site or area, where a hazardous 
substance has been deposited, stored, disposed of, or placed, or 
otherwise come to be located; but does not include any consumer product 
in consumer use or any vessel. As defined by section 1001 of the OPA, it 
means any structure, group of structures, equipment, or device (other 
than a vessel) which is used for one or more of the following purposes: 
Exploring for, drilling for, producing, storing, handling, transferring, 
processing, or transporting oil. This term includes any motor vehicle, 
rolling stock, or pipeline used for one or more of these purposes.
    Feasibility study (FS) means a study undertaken by the lead agency 
to develop and evaluate options for remedial action. The FS emphasizes 
data analysis and is generally performed concurrently and in an 
interactive fashion with the remedial investigation (RI), using data 
gathered during the RI. The RI data are used to define the objectives of 
the response action, to develop remedial action alternatives, and to 
undertake an initial screening and detailed analysis of the 
alternatives. The term also refers to a report that describes the 
results of the study.
    Federal Radiological Emergency Response Plan (FRERP) means the 
inter-agency agreement for coordinating the response of various 
agencies, under a variety of statutes, to a large radiological accident. 
The Lead Federal Agency (LFA), defined by the FRERP, activates the FRERP 
for any peacetime radiological emergency which, based upon its 
professional judgment, is expected to have a significant radiological 
effect within the United States, its territories, possessions, or 
territorial waters and that could require a response by several federal 
agencies.
    Federal Response Plan (FRP) means the agreement signed by 27 federal 
departments and agencies in April 1987 and developed under the 
authorities of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701 et seq.) and the Disaster Relief Act of 1974 (42 U.S.C. 3231 et 
seq.), as amended by the Stafford Disaster Relief Act of 1988.
    First federal official means the first federal representative of a 
participating agency of the National Response Team to arrive at the 
scene of a discharge or a release. This official coordinates activities 
under the NCP and may initiate, in consultation with the OSC, any 
necessary actions until the arrival of the predesignated OSC. A state 
with primary jurisdiction over a site covered by a cooperative agreement 
will act in the stead of the first federal official for any incident at 
the site.

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    Fund or Trust Fund means the Hazardous Substance Superfund 
established by section 9507 of the Internal Revenue Code of 1986.
    Ground water as defined by section 101(12) of CERCLA, means water in 
a saturated zone or stratum beneath the surface of land or water.
    Hazard Ranking System (HRS) means the method used by EPA to evaluate 
the relative potential of hazardous substance releases to cause health 
or safety problems, or ecological or environmental damage.
    Hazardous substance as defined by section 101(14) of CERCLA, means: 
Any substance designated pursuant to section 311(b)(2)(A) of the CWA; 
any element, compound, mixture, solution, or substance designated 
pursuant to section 102 of CERCLA; any hazardous waste having the 
characteristics identified under or listed pursuant to section 3001 of 
the Solid Waste Disposal Act (but not including any waste the regulation 
of which under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) has 
been suspended by Act of Congress); any toxic pollutant listed under 
section 307(a) of the CWA; any hazardous air pollutant listed under 
section 112 of the Clean Air Act (42 U.S.C. 7521 et seq.); and any 
imminently hazardous chemical substance or mixture with respect to which 
the EPA Administrator has taken action pursuant to section 7 of the 
Toxic Substances Control Act (15 U.S.C. 2601 et seq.). The term does not 
include petroleum, including crude oil or any fraction thereof which is 
not otherwise specifically listed or designated as a hazardous substance 
in the first sentence of this paragraph, and the term does not include 
natural gas, natural gas liquids, liquified natural gas, or synthetic 
gas usable for fuel (or mixtures of natural gas and such synthetic gas).
    Indian tribe as defined by section 101(36) of CERCLA, means any 
Indian tribe, band, nation, or other organized group or community, 
including any Alaska Native village but not including any Alaska Native 
regional or village corporation, which is recognized as eligible for the 
special programs and services provided by the United States to Indians 
because of their status as Indians. ``Indian tribe,'' as defined by OPA 
section 1001, means any Indian tribe, band, nation, or other organized 
group or community, but not including any Alaska Native regional or 
village corporation, which is recognized as eligible for the special 
programs and services provided by the United States to Indians because 
of their status as Indians and has governmental authority over lands 
belonging to or controlled by the tribe.
    Inland waters, for the purposes of classifying the size of 
discharges, means those waters of the United States in the inland zone, 
waters of the Great Lakes, and specified ports and harbors on inland 
rivers.
    Inland zone means the environment inland of the coastal zone 
excluding the Great Lakes and specified ports and harbors on inland 
rivers. The term inland zone delineates an area of federal 
responsibility for response action. Precise boundaries are determined by 
EPA/USCG agreements and identified in federal regional contingency 
plans.
    Lead administrative trustee means a natural resource trustee who is 
designated on an incident-by-incident basis for the purpose of 
preassessment and damage assessment and chosen by the other trustees 
whose natural resources are affected by the incident. The lead 
administrative trustee facilitates effective and efficient communication 
during response operations between the OSC and the other natural 
resource trustees conducting activities associated with damage 
assessment, and is responsible for applying to the OSC for access to 
response operations resources on behalf of all trustees for initiation 
of a damage assessment.
    Lead agency means the agency that provides the OSC/RPM to plan and 
implement response actions under the NCP. EPA, the USCG, another federal 
agency, or a state (or political subdivision of a state) operating 
pursuant to a contract or cooperative agreement executed pursuant to 
section 104(d)(1) of CERCLA, or designated pursuant to a Superfund 
Memorandum of Agreement (SMOA) entered into pursuant to subpart F of the 
NCP or other agreements may be the lead agency for a response action. In 
the case of a release of a hazardous substance, pollutant, or 
contaminant, where the release is on, or

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the sole source of the release is from, any facility or vessel under the 
jurisdiction, custody, or control of Department of Defense (DOD) or 
Department of Energy (DOE), then DOD or DOE will be the lead agency. 
Where the release is on, or the sole source of the release is from, any 
facility or vessel under the jurisdiction, custody, or control of a 
federal agency other than EPA, the USCG, DOD, or DOE, then that agency 
will be the lead agency for remedial actions and removal actions other 
than emergencies. The federal agency maintains its lead agency 
responsibilities whether the remedy is selected by the federal agency 
for non-NPL sites or by EPA and the federal agency or by EPA alone under 
CERCLA section 120. The lead agency will consult with the support 
agency, if one exists, throughout the response process.
    Management of migration means actions that are taken to minimize and 
mitigate the migration of hazardous substances or pollutants or 
contaminants and the effects of such migration. Measures may include, 
but are not limited to, management of a plume of contamination, 
restoration of a drinking water aquifer, or surface water restoration.
    Miscellaneous oil spill control agent is any product, other than a 
dispersant, sinking agent, surface washing agent, surface collecting 
agent, bioremediation agent, burning agent, or sorbent that can be used 
to enhance oil spill cleanup, removal, treatment, or mitigation.
    National Pollution Funds Center (NPFC) means the entity established 
by the Secretary of Transportation whose function is the administration 
of the Oil Spill Liability Trust Fund (OSLTF). Among the NPFC's duties 
are: providing appropriate access to the OSLTF for federal agencies and 
states for removal actions and for federal trustees to initiate the 
assessment of natural resource damages; providing appropriate access to 
the OSLTF for claims; and coordinating cost recovery efforts.
    National Priorities List (NPL) means the list, compiled by EPA 
pursuant to CERCLA section 105, of uncontrolled hazardous substance 
releases in the United States that are priorities for long-term remedial 
evaluation and response.
    National response system (NRS) is the mechanism for coordinating 
response actions by all levels of government in support of the OSC/RPM. 
The NRS is composed of the NRT, RRTs, OSC/RPM, Area Committees, and 
Special Teams and related support entities. The NRS is capable of 
expanding or contracting to accommodate the response effort required by 
the size or complexity of the discharge or release.
    National Strike Force (NSF) is a special team established by the 
USCG, including the three USCG Strike Teams, the Public Information 
Assist Team (PIAT), and the National Strike Force Coordination Center. 
The NSF is available to assist OSCs/RPMs in their preparedness and 
response duties.
    National Strike Force Coordination Center (NSFCC), authorized as the 
National Response Unit by CWA sections 311(a)(23) and (j)(2), means the 
entity established by the Secretary of the department in which the USCG 
is operating at Elizabeth City, North Carolina with responsibilities 
that include administration of the USCG Strike Teams, maintenance of 
response equipment inventories and logistic networks, and conducting a 
national exercise program.
    Natural resources means land, fish, wildlife, biota, air, water, 
ground water, drinking water supplies, and other such resources 
belonging to, managed by, held in trust by, appertaining to, or 
otherwise controlled by the United States (including the resources of 
the exclusive economic zone defined by the Magnuson Fishery Conservation 
and Management Act of 1976), any state or local government, any foreign 
government, any Indian tribe, or, if such resources are subject to a 
trust restriction on alienation, any member of an Indian tribe.
    Navigable waters as defined by 40 CFR 110.1, means the waters of the 
United States, including the territorial seas. The term includes:
    (1) All waters that are currently used, were used in the past, or 
may be susceptible to use in interstate or foreign commerce, including 
all waters

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that are subject to the ebb and flow of the tide;
    (2) Interstate waters, including interstate wetlands;
    (3) All other waters such as intrastate lakes, rivers, streams 
(including intermittent streams), mudflats, sandflats, and wetlands, the 
use, degradation, or destruction of which would affect or could affect 
interstate or foreign commerce including any such waters;
    (i) That are or could be used by interstate or foreign travelers for 
recreational or other purposes;
    (ii) From which fish or shellfish are or could be taken and sold in 
interstate or foreign commerce;
    (iii) That are used or could be used for industrial purposes by 
industries in interstate commerce;
    (4) All impoundments of waters otherwise defined as navigable waters 
under this section;
    (5) Tributaries of waters identified in paragraphs (a) through (d) 
of this definition, including adjacent wetlands; and
    (6) Wetlands adjacent to waters identified in paragraphs (a) through 
(e) of this definition: Provided, that waste treatment systems (other 
than cooling ponds meeting the criteria of this paragraph) are not 
waters of the United States.
    (7) Waters of the United States do not include prior converted 
cropland. Notwithstanding the determination of an area's status as prior 
converted cropland by any other federal agency, for the purposes of the 
Clean Water Act, the final authority regarding Clean Water Act 
jurisdiction remains with EPA.
    Offshore facility as defined by section 101(17) of CERCLA and 
section 311(a)(11) of the CWA, means any facility of any kind located 
in, on, or under any of the navigable waters of the United States, and 
any facility of any kind which is subject to the jurisdiction of the 
United States and is located in, on, or under any other waters, other 
than a vessel or a public vessel.
    Oil as defined by section 311(a)(1) of the CWA, means oil of any 
kind or in any form, including, but not limited to, petroleum, fuel oil, 
sludge, oil refuse, and oil mixed with wastes other than dredged spoil. 
Oil, as defined by section 1001 of the OPA means oil of any kind or in 
any form, including, but not limited to, petroleum, fuel oil, sludge, 
oil refuse, and oil mixed with wastes other than dredged spoil, but does 
not include petroleum, including crude oil or any fraction thereof, 
which is specifically listed or designated as a hazardous substance 
under subparagraphs (A) through (F) of section 101(14) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601) and which is subject to the provisions of that Act.
    Oil Spill Liability Trust Fund (OSLTF) means the fund established 
under section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 
9509).
    On-scene coordinator (OSC) means the federal official predesignated 
by EPA or the USCG to coordinate and direct responses under subpart D, 
or the government official designated by the lead agency to coordinate 
and direct removal actions under subpart E of the NCP.
    Onshore facility as defined by section 101(18) of CERCLA, means any 
facility (including, but not limited to, motor vehicles and rolling 
stock) of any kind located in, on, or under any land or non-navigable 
waters within the United States; and, as defined by section 311(a)(10) 
of the CWA, means any facility (including, but not limited to, motor 
vehicles and rolling stock) of any kind located in, on, or under any 
land within the United States other than submerged land.
    On-site means the areal extent of contamination and all suitable 
areas in very close proximity to the contamination necessary for 
implementation of the response action.
    Operable unit means a discrete action that comprises an incremental 
step toward comprehensively addressing site problems. This discrete 
portion of a remedial response manages migration, or eliminates or 
mitigates a release, threat of a release, or pathway of exposure. The 
cleanup of a site can be divided into a number of operable units, 
depending on the complexity of the problems associated with the site. 
Operable units may address geographical portions of a site, specific 
site problems, or initial phases of an action, or

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may consist of any set of actions performed over time or any actions 
that are concurrent but located in different parts of a site.
    Operation and maintenance (O&M) means measures required to maintain 
the effectiveness of response actions.
    Person as defined by section 101(21) of CERCLA, means an individual, 
firm, corporation, association, partnership, consortium, joint venture, 
commercial entity, United States government, state, municipality, 
commission, political subdivision of a state, or any interstate body. As 
defined by section 1001 of the OPA, ``person'' means an individual, 
corporation, partnership, association, state, municipality, commission, 
or political subdivision of a state, or any interstate body.
    Pollutant or contaminant as defined by section 101(33) of CERCLA, 
shall include, but not be limited to, any element, substance, compound, 
or mixture, including disease-causing agents, which after release into 
the environment and upon exposure, ingestion, inhalation, or 
assimilation into any organism, either directly from the environment or 
indirectly by ingestion through food chains, will or may reasonably be 
anticipated to cause death, disease, behavioral abnormalities, cancer, 
genetic mutation, physiological malfunctions (including malfunctions in 
reproduction) or physical deformations, in such organisms or their 
offspring. The term does not include petroleum, including crude oil or 
any fraction thereof which is not otherwise specifically listed or 
designated as a hazardous substance under section 101(14) (A) through 
(F) of CERCLA, nor does it include natural gas, liquified natural gas, 
or synthetic gas of pipeline quality (or mixtures of natural gas and 
such synthetic gas). For purposes of the NCP, the term pollutant or 
contaminant means any pollutant or contaminant that may present an 
imminent and substantial danger to public health or welfare of the 
United States.
    Post-removal site control means those activities that are necessary 
to sustain the integrity of a Fund-financed removal action following its 
conclusion. Post-removal site control may be a removal or remedial 
action under CERCLA. The term includes, without being limited to, 
activities such as relighting gas flares, replacing filters, and 
collecting leachate.
    Preliminary assessment (PA) under CERCLA means review of existing 
information and an off-site reconnaissance, if appropriate, to determine 
if a release may require additional investigation or action. A PA may 
include an on-site reconnaissance, if appropriate.
    Public participation, see the definition for community relations.
    Public vessel as defined by section 311(a)(4) of the CWA, means a 
vessel owned or bareboat-chartered and operated by the United States, or 
by a state or political subdivision thereof, or by a foreign nation, 
except when such vessel is engaged in commerce.
    Quality assurance project plan (QAPP) is a written document, 
associated with all remedial site sampling activities, which presents in 
specific terms the organization (where applicable), objectives, 
functional activities, and specific quality assurance (QA) and quality 
control (QC) activities designed to achieve the data quality objectives 
of a specific project(s) or continuing operation(s). The QAPP is 
prepared for each specific project or continuing operation (or group of 
similar projects or continuing operations). The QAPP will be prepared by 
the responsible program office, regional office, laboratory, contractor, 
recipient of an assistance agreement, or other organization. For an 
enforcement action, potentially responsible parties may prepare a QAPP 
subject to lead agency approval.
    Release as defined by section 101(22) of CERCLA, means any spilling, 
leaking, pumping, pouring, emitting, emptying, discharging, injecting, 
escaping, leaching, dumping, or disposing into the environment 
(including the abandonment or discarding of barrels, containers, and 
other closed receptacles containing any hazardous substance or pollutant 
or contaminant), but excludes: Any release which results in exposure to 
persons solely within a workplace, with respect to a claim which such 
persons may assert against the employer of such persons; emissions from 
the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, 
or pipeline pumping station engine; release of

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source, byproduct, or special nuclear material from a nuclear incident, 
as those terms are defined in the Atomic Energy Act of 1954, if such 
release is subject to requirements with respect to financial protection 
established by the Nuclear Regulatory Commission under section 170 of 
such Act, or, for the purposes of section 104 of CERCLA or any other 
response action, any release of source, byproduct, or special nuclear 
material from any processing site designated under section 102(a)(1) or 
302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 
U.S.C. 7901 et seq.); and the normal application of fertilizer. For 
purposes of the NCP, release also means threat of release.
    Relevant and appropriate requirements means those cleanup standards, 
standards of control, and other substantive requirements, criteria, or 
limitations promulgated under federal environmental or state 
environmental or facility siting laws that, while not ``applicable'' to 
a hazardous substance, pollutant, contaminant, remedial action, 
location, or other circumstance at a CERCLA site, address problems or 
situations sufficiently similar to those encountered at the CERCLA site 
that their use is well suited to the particular site. Only those state 
standards that are identified in a timely manner and are more stringent 
than federal requirements may be relevant and appropriate.
    Remedial design (RD) means the technical analysis and procedures 
which follow the selection of remedy for a site and result in a detailed 
set of plans and specifications for implementation of the remedial 
action.
    Remedial investigation (RI) is a process undertaken by the lead 
agency to determine the nature and extent of the problem presented by 
the release. The RI emphasizes data collection and site 
characterization, and is generally performed concurrently and in an 
interactive fashion with the feasibility study. The RI includes sampling 
and monitoring, as necessary, and includes the gathering of sufficient 
information to determine the necessity for remedial action and to 
support the evaluation of remedial alternatives.
    Remedial project manager (RPM) means the official designated by the 
lead agency to coordinate, monitor, or direct remedial or other response 
actions under subpart E of the NCP.
    Remedy or remedial action (RA) means those actions consistent with 
permanent remedy taken instead of, or in addition to, removal action in 
the event of a release or threatened release of a hazardous substance 
into the environment, to prevent or minimize the release of hazardous 
substances so that they do not migrate to cause substantial danger to 
present or future public health or welfare or the environment. The term 
includes, but is not limited to, such actions at the location of the 
release as storage, confinement, perimeter protection using dikes, 
trenches, or ditches, clay cover, neutralization, cleanup of released 
hazardous substances and associated contaminated materials, recycling or 
reuse, diversion, destruction, segregation of reactive wastes, dredging 
or excavations, repair or replacement of leaking containers, collection 
of leachate and runoff, on-site treatment or incineration, provision of 
alternative water supplies, any monitoring reasonably required to assure 
that such actions protect the public health and welfare and the 
environment and, where appropriate, post-removal site control 
activities. The term includes the costs of permanent relocation of 
residents and businesses and community facilities (including the cost of 
providing ``alternative land of equivalent value'' to an Indian tribe 
pursuant to CERCLA section 126(b)) where EPA determines that, alone or 
in combination with other measures, such relocation is more cost-
effective than, and environmentally preferable to, the transportation, 
storage, treatment, destruction, or secure disposition off-site of such 
hazardous substances, or may otherwise be necessary to protect the 
public health or welfare; the term includes off-site transport and off-
site storage, treatment, destruction, or secure disposition of hazardous 
substances and associated contaminated materials. For the purpose of the 
NCP, the term also includes enforcement activities related thereto.
    Remove or removal as defined by section 311(a)(8) of the CWA, refers 
to containment and removal of oil or hazardous substances from the water 
and

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shorelines or the taking of such other actions as may be necessary to 
minimize or mitigate damage to the public health or welfare of the 
United States (including, but not limited to, fish, shellfish, wildlife, 
public and private property, and shorelines and beaches) or to the 
environment. For the purpose of the NCP, the term also includes 
monitoring of action to remove a discharge. As defined by section 
101(23) of CERCLA, remove or removal means the cleanup or removal of 
released hazardous substances from the environment; such actions as may 
be necessary taken in the event of the threat of release of hazardous 
substances into the environment; such actions as may be necessary to 
monitor, assess, and evaluate the release or threat of release of 
hazardous substances; the disposal of removed material; or the taking of 
such other actions as may be necessary to prevent, minimize, or mitigate 
damage to the public health or welfare of the United States or to the 
environment, which may otherwise result from a release or threat of 
release. The term includes, in addition, without being limited to, 
security fencing or other measures to limit access, provision of 
alternative water supplies, temporary evacuation and housing of 
threatened individuals not otherwise provided for, action taken under 
section 104(b) of CERCLA, post-removal site control, where appropriate, 
and any emergency assistance which may be provided under the Disaster 
Relief Act of 1974. For the purpose of the NCP, the term also includes 
enforcement activities related thereto.
    Removal costs as defined by section 1001 of the OPA means the costs 
of removal that are incurred after a discharge of oil has occurred, or 
in any case in which there is a substantial threat of a discharge of 
oil, the costs to prevent, minimize, or mitigate oil pollution from such 
an incident.
    Respond or response as defined by section 101(25) of CERCLA, means 
remove, removal, remedy, or remedial action, including enforcement 
activities related thereto.
    Responsible party as defined by section 1001 of the OPA, means the 
following:
    (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.)), the lessee or permittee of the 
area in which the facility is located or the holder of a right of use 
and easement granted under applicable state law or the Outer Continental 
Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility 
is located (if the holder is a different person than the lessee or 
permittee), except a federal agency, state, municipality, commission, or 
political subdivision of a state, or any interstate body, that as owner 
transfers possession and right to use the property to another person by 
lease, assignment, or permit.
    (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 is the Superfund Amendments and Reauthorization Act of 1986. In 
addition to certain free-standing provisions of law, it includes 
amendments to CERCLA, the Solid Waste Disposal Act, and the Internal 
Revenue Code. Among the free-standing provisions of law is Title III of 
SARA, also known as the ``Emergency Planning and Community Right-to-Know 
Act of 1986'' and Title IV of SARA, also known as the ``Radon Gas and 
Indoor Air Quality Research Act of 1986.'' Title V of SARA

[[Page 17]]

amending the Internal Revenue Code is also known as the ``Superfund 
Revenue Act of 1986.''
    Sinking agents means those additives applied to oil discharges to 
sink floating pollutants below the water surface.
    Site inspection (SI) means an on-site investigation to determine 
whether there is a release or potential release and the nature of the 
associated threats. The purpose is to augment the data collected in the 
preliminary assessment and to generate, if necessary, sampling and other 
field data to determine if further action or investigation is 
appropriate.
    Size classes of discharges refers to the following size classes of 
oil discharges which are provided as guidance to the OSC and serve as 
the criteria for the actions delineated in subpart D. They are not meant 
to imply associated degrees of hazard to public health or welfare of the 
United States, nor are they a measure of environmental injury. Any oil 
discharge that poses a substantial threat to public health or welfare of 
the United States or the environment or results in significant public 
concern shall be classified as a major discharge regardless of the 
following quantitative measures:
    (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 of releases refers to the following size 
classifications which are provided as guidance to the OSC for meeting 
pollution reporting requirements in subpart B. The final determination 
of the appropriate classification of a release will be made by the OSC 
based on consideration of the particular release (e.g., size, location, 
impact, etc.):
    (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.
    Sorbents means essentially inert and insoluble materials that are 
used to remove oil and hazardous substances from water through 
adsorption, in which the oil or hazardous substance is attracted to the 
sorbent surface and then adheres to it; absorption, in which the oil or 
hazardous substance penetrates the pores of the sorbent material; or a 
combination of the two. Sorbents are generally manufactured in 
particulate form for spreading over an oil slick or as sheets, rolls, 
pillows, or booms. The sorbent material may consist of, but is not 
limited to, the following materials:
    (1) Organic products--
    (i) Peat moss or straw;
    (ii) Cellulose fibers or cork;
    (iii) Corn cobs;
    (iv) Chicken, duck, or other bird feathers.
    (2) Mineral compounds--
    (i) Volcanic ash or perlite;
    (ii) Vermiculite or zeolite.
    (3) Synthetic products--
    (i) Polypropylene;
    (ii) Polyethylene;
    (iii) Polyurethane;
    (iv) Polyester.
    Source control action is the construction or installation and start-
up of those actions necessary to prevent the continued release of 
hazardous substances or pollutants or contaminants (primarily from a 
source on top of or within the ground, or in buildings or other 
structures) into the environment.
    Source control maintenance measures are those measures intended to 
maintain the effectiveness of source control actions once such actions 
are operating and functioning properly, such as the

[[Page 18]]

maintenance of landfill caps and leachate collection systems.
    Specified ports and harbors means those ports and harbor areas on 
inland rivers, and land areas immediately adjacent to those waters, 
where the USCG acts as predesignated on-scene coordinator. Precise 
locations are determined by EPA/USCG regional agreements and identified 
in federal Regional Contingency Plans and Area Contingency Plans.
    Spill of national significance (SONS) means a spill that due to its 
severity, size, location, actual or potential impact on the public 
health and welfare or the environment, or the necessary response effort, 
is so complex that it requires extraordinary coordination of federal, 
state, local, and responsible party resources to contain and clean up 
the discharge.
    State means the several states of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the 
U.S. Virgin Islands, the Commonwealth of the Northern Marianas, and any 
other territory or possession over which the United States has 
jurisdiction. For purposes of the NCP, the term includes Indian tribes 
as defined in the NCP except where specifically noted. Section 126 of 
CERCLA provides that the governing body of an Indian tribe shall be 
afforded substantially the same treatment as a state with respect to 
certain provisions of CERCLA. Section 300.515(b) of the NCP describes 
the requirements pertaining to Indian tribes that wish to be treated as 
states under CERCLA.
    Superfund Memorandum of Agreement (SMOA) means a nonbinding, written 
document executed by an EPA Regional Administrator and the head of a 
state agency that may establish the nature and extent of EPA and state 
interaction during the removal, pre-remedial, remedial, and/or 
enforcement response process. The SMOA is not a site-specific document 
although attachments may address specific sites. The SMOA generally 
defines the role and responsibilities of both the lead and the support 
agencies.
    Superfund state contract is a joint, legally binding agreement 
between EPA and a state to obtain the necessary assurances before a 
federal-lead remedial action can begin at a site. In the case of a 
political subdivision-lead remedial response, a three-party Superfund 
state contract among EPA, the state, and political subdivision thereof, 
is required before a political subdivision takes the lead for any phase 
of remedial response to ensure state involvement pursuant to section 
121(f)(1) of CERCLA. The Superfund state contract may be amended to 
provide the state's CERCLA section 104 assurances before a political 
subdivision can take the lead for remedial action.
    Support agency means the agency or agencies that provide the support 
agency coordinator to furnish necessary data to the lead agency, review 
response data and documents, and provide other assistance as requested 
by the OSC or RPM. EPA, the USCG, another federal agency, or a state may 
be support agencies for a response action if operating pursuant to a 
contract executed under section 104(d)(1) of CERCLA or designated 
pursuant to a Superfund Memorandum of Agreement entered into pursuant to 
subpart F of the NCP or other agreement. The support agency may also 
concur on decision documents.
    Support agency coordinator (SAC) means the official designated by 
the support agency, as appropriate, to interact and coordinate with the 
lead agency in response actions under subpart E of this part.
    Surface collecting agents means those chemical agents that form a 
surface film to control the layer thickness of oil.
    Surface washing agent is any product that removes oil from solid 
surfaces, such as beaches and rocks, through a detergency mechanism and 
does not involve dispersing or solubilizing the oil into the water 
column.
    Tank vessel as defined by section 1001 of the OPA means a vessel 
that is constructed or adapted to carry, or that carries oil or 
hazardous material in bulk as cargo or cargo residue, and that:
    (1) is a vessel of the United States;
    (2) operates on the navigable waters; or

[[Page 19]]

    (3) transfers oil or hazardous material in a place subject to the 
jurisdiction of the United States.
    Threat of discharge or release, see definitions for discharge and 
release.
    Threat of release, see definition for release.
    Treatment technology means any unit operation or series of unit 
operations that alters the composition of a hazardous substance or 
pollutant or contaminant through chemical, biological, or physical means 
so as to reduce toxicity, mobility, or volume of the contaminated 
materials being treated. Treatment technologies are an alternative to 
land disposal of hazardous wastes without treatment.
    Trustee means an official of a federal natural resources management 
agency designated in subpart G of the NCP or a designated state official 
or Indian tribe or, in the case of discharges covered by the OPA, a 
foreign government official, who may pursue claims for damages under 
section 107(f) of CERCLA or section 1006 of the OPA.
    United States when used in relation to section 311(a)(5) of the CWA, 
means the states, the District of Columbia, the Commonwealth of Puerto 
Rico, the Northern Mariana Islands, Guam, American Samoa, the United 
States Virgin Islands, and the Pacific Island Governments. United 
States, when used in relation to section 101(27) of CERCLA and section 
1001(36) of the OPA, includes the several states of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, the Commonwealth of 
the Northern Marianas, and any other territory or possession over which 
the United States has jurisdiction.
    Vessel as defined by section 101(28) of CERCLA, means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water; and, as 
defined by section 311(a)(3) of the CWA, means every description of 
watercraft or other artificial contrivance used, or capable of being 
used, as a means of transportation on water other than a public vessel.
    Volunteer means any individual accepted to perform services by the 
lead agency which has authority to accept volunteer services (examples: 
See 16 U.S.C. 742f(c)). A volunteer is subject to the provisions of the 
authorizing statute and the NCP.
    Worst case discharge as defined by section 311(a)(24) of the CWA, 
means, in the case of a vessel, a discharge in adverse weather 
conditions of its entire cargo, and, in the case of an offshore facility 
or onshore facility, the largest foreseeable discharge in adverse 
weather conditions.

59 FR 47416, Sept. 15, 1994, as amended at 60 FR 16054, March 29, 1995]