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40 CFR Parts 300 to 399 (Revised as of July 1 2007)
Table of Contents
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
SUBCHAPTER J--SUPERFUND EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW PROGRAMS
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN
Subpart A--Introduction
§ 300.1 Purpose and objectives.
§ 300.2 Authority and applicability.
§ 300.3 Scope.
§ 300.4 Abbreviations.
§ 300.5 Definitions.
§ 300.6 Use of number and gender.
§ 300.7 Computation of time.
Subpart B--Responsibility and Organization for Response
§ 300.100 Duties of President delegated to federal agencies.
§ 300.105 General organization concepts.
§ 300.110 National Response Team.
§ 300.115 Regional Response Teams.
§ 300.120 On-scene coordinators and remedial project managers: general responsibilities.
§ 300.125 Notification and communications.
§ 300.130 Determinations to initiate response and special conditions.
§ 300.135 Response operations.
§ 300.140 Multi-regional responses.
§ 300.145 Special teams and other assistance available to OSCs/RPMs.
§ 300.150 Worker health and safety.
§ 300.155 Public information and community relations.
§ 300.160 Documentation and cost recovery.
§ 300.165 OSC reports.
§ 300.170 Federal agency participation.
§ 300.175 Federal agencies: additional responsibilities and assistance.
§ 300.180 State and local participation in response.
§ 300.185 Nongovernmental participation.
Subpart C--Planning and Preparedness
§ 300.200 General.
§ 300.205 Planning and coordination structure.
§ 300.210 Federal contingency plans.
§ 300.211 OPA facility and vessel response plans.
§ 300.212 Area response drills.
§ 300.215 Title III local emergency response plans.
§ 300.220 Related Title III issues.
Subpart D--Operational Response Phases for Oil Removal
§ 300.300 Phase I--Discovery or notification.
§ 300.305 Phase II--Preliminary assessment and initiation of action.
§ 300.310 Phase III--Containment countermeasures cleanup and disposal.
§ 300.315 Phase IV--Documentation and cost recovery.
§ 300.317 National response priorities.
§ 300.320 General pattern of response.
§ 300.322 Response to substantial threats to public health or welfare of the United States.
§ 300.323 Spills of national significance.
§ 300.324 Response to worst case discharges.
§ 300.335 Funding.
Subpart E--Hazardous Substance Response
§ 300.400 General.
§ 300.405 Discovery or notification.
§ 300.410 Removal site evaluation.
§ 300.415 Removal action.
§ 300.420 Remedial site evaluation.
§ 300.425 Establishing remedial priorities.
§ 300.430 Remedial investigation/feasibility study and selection of remedy.
§ 300.435 Remedial design/remedial action operation and maintenance.
§ 300.440 Procedures for planning and implementing off-site response actions.
Subpart F--State Involvement in Hazardous Substance Response
§ 300.500 General.
§ 300.505 EPA/State Superfund Memorandum of Agreement (SMOA).
§ 300.510 State assurances.
§ 300.515 Requirements for state involvement in remedial and enforcement response.
§ 300.520 State involvement in EPAlead enforcement negotiations.
§ 300.525 State involvement in removal actions.
Subpart G--Trustees for Natural Resources
§ 300.600 Designation of federal trustees.
§ 300.605 State trustees.
§ 300.610 Indian tribes.
§ 300.612 Foreign trustees.
§ 300.615 Responsibilities of trustees.
Subpart H--Participation by Other Persons
§ 300.700 Activities by other persons.
Subpart I--Administrative Record for Selection of Response Action
§ 300.800 Establishment of an administrative record.
§ 300.805 Location of the administrative record file.
§ 300.810 Contents of the administrative record file.
§ 300.815 Administrative record file for a remedial action.
§ 300.820 Administrative record file for a removal action.
§ 300.825 Record requirements after the decision document is signed.
Subpart J--Use of Dispersants and Other Chemicals
§ 300.900 General.
§ 300.905 NCP Product Schedule.
§ 300.910 Authorization of use.
§ 300.915 Data requirements.
§ 300.920 Addition of products to Schedule.
Subpart L--National Oil and Hazardous Substances Pollution Contingency Plan; Involuntary Acquisition of Property by the Government
§ 300.1105 Involuntary acquisition of property by the government.
PART 302--DESIGNATION REPORTABLE QUANTITIES AND NOTIFICATION
PART 303--CITIZEN AWARDS FOR INFORMATION ON CRIMINAL VIOLATIONS UNDER SUPERFUND
Subpart A--General
§ 303.10 Purpose.
§ 303.11 Definitions.
§ 303.12 Criminal violations covered by this award authority.
Subpart B--Eligibility To File a Claim for Award and Determination of Eligibility and Amount of Award
§ 303.20 Eligibility to file a claim for award.
§ 303.21 Determination of eligibility and amount of award.
Subpart C--Criteria for Payment of Award
§ 303.30 Criteria for payment of award.
§ 303.31 Assurance of claimant confidentiality.
§ 303.32 Pre-payment offers.
§ 303.33 Filing a claim.
PART 304--ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS
Subpart A--General
§ 304.10 Purpose.
§ 304.11 Scope and applicability.
§ 304.12 Definitions.
Subpart B--Jurisdiction of Arbitrator Referral of Claims and Appointment of Arbitrator
§ 304.20 Jurisdiction of Arbitrator.
§ 304.21 Referral of claims.
§ 304.22 Appointment of Arbitrator.
§ 304.23 Disclosure and challenge procedures.
§ 304.24 Intervention and withdrawal.
§ 304.25 Ex parte communication.
Subpart C--Hearings Before the Arbitrator
§ 304.30 Filing of pleadings.
§ 304.31 Pre-hearing conference.
§ 304.32 Arbitral hearing.
§ 304.33 Arbitral decision and public comment.
Subpart D--Other Provisions
§ 304.40 Effect and enforcement of final decision.
§ 304.41 Administrative fees expenses and Arbitrator’s fee.
§ 304.42 Miscellaneous provisions.
PART 305--COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND
Subpart A--General
§ 305.1 Scope.
§ 305.2 Use of number and gender.
§ 305.3 Definitions.
§ 305.4 Powers and duties of the Review Officer and the Presiding Officer; disqualification.
§ 305.5 Filing service and form of pleadings and documents.
§ 305.6 Computation and extension of time.
§ 305.7 Ex parte discussion of proceeding.
§ 305.8 Examination of documents filed.
Subpart B--Parties and Appearances
§ 305.10 Appearances.
§ 305.11 Consolidation and severance.
Subpart C--Prehearing Procedures
§ 305.20 Request for a hearing; contents.
§ 305.21 Amendment of request for a hearing; withdrawal.
§ 305.22 Answer to the request for a hearing.
§ 305.23 Motions.
§ 305.24 Default order.
§ 305.25 Informal settlement; voluntary agreement.
§ 305.26 Prehearing conference.
§ 305.27 Accelerated order order to dismiss.
Subpart D--Hearing Procedure
§ 305.30 Scheduling the hearing.
§ 305.31 Evidence.
§ 305.32 Objections and offers of proof.
§ 305.33 Burden of presentation; burden of persuasion.
§ 305.34 Filing the transcript.
§ 305.35 Proposed findings conclusions and order.
§ 305.36 Final order; costs.
PART 307--COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (CERCLA) CLAIMS PROCEDURES
Subpart A--General
§ 307.10 Purpose.
§ 307.11 Scope and applicability.
§ 307.12 Use of number and gender.
§ 307.13 Computation of time.
§ 307.14 Definitions.
§ 307.15 Penalties.
Subpart B--Eligible Claimants; Allowable Claims; Preauthorization
§ 307.20 Who may present claims.
§ 307.21 Nature of eligible claims.
§ 307.22 Preauthorization of response actions.
§ 307.23 EPA’s review of preauthorization applications.
Subpart C--Procedures for Filing and Processing Response Claims
§ 307.30 Requesting payment from the potentially responsible party.
§ 307.31 Filing procedures.
§ 307.32 Verification award and administrative hearings.
§ 307.33 Records retention.
Subpart D--Payments and Subrogation
§ 307.40 Payment of approved claims.
§ 307.41 Subrogation of claimants’ rights to the Fund.
§ 307.42 Fund’s obligation in the event of failure of remedial actions taken pursuant to CERCLA section 122.
PART 310--REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO HAZARDOUS SUBSTANCE RELEASES
Subpart A--General Information
§ 310.1 What is the purpose of this part?
§ 310.2 What is the statutory authority for this part?
§ 310.3 What terms have specific definitions?
§ 310.4 What abbreviations should I know?
Subpart B--Provisions
§ 310.5 Am I eligible for reimbursement?
§ 310.6 Are states eligible?
§ 310.7 Can more than one local agency or government be reimbursed for response to the same incident?
§ 310.8 Can EPA reimburse the entire cost of my response?
§ 310.9 If more than one local agency or government is involved can each receive up to $25000?
§ 310.10 What are temporary emergency measures?
§ 310.11 What costs are allowable?
§ 310.12 What costs are NOT allowable?
§ 310.13 Do I need to notify anyone while the response is underway?
§ 310.14 Must I try to recover my costs from those potentially responsible for the emergency?
§ 310.15 How do I apply for reimbursement?
§ 310.16 What kind of cost documentation is necessary?
§ 310.17 Are there any other requirements?
§ 310.18 How will EPA evaluate my application?
§ 310.19 Under what conditions would EPA deny my request?
§ 310.20 What are my options if EPA denies my request?
§ 310.21 How does EPA resolve disputes?
§ 310.22 What records must I keep?
§ 310.23 How will EPA rank approved requests?
§ 310.24 What happens if I provide incorrect or false information?
PART 311--WORKER PROTECTION
PART 312--INNOCENT LANDOWNERS STANDARDS FOR CONDUCTING ALL APPROPRIATE INQUIRIES
Subpart A--Introduction
§ 312.1 Purpose applicability scope and disclosure obligations.
Subpart B--Definitions and References
§ 312.10 Definitions.
§ 312.11 References.
Subpart C--Standards and Practices
§ 312.20 All appropriate inquiries.
§ 312.21 Results of inquiry by an environmental professional.
§ 312.22 Additional inquiries.
§ 312.23 Interviews with past and present owners operators and occupants.
§ 312.24 Reviews of historical sources of information.
§ 312.25 Searches for recorded environmental cleanup liens.
§ 312.26 Reviews of Federal State Tribal and local government records.
§ 312.27 Visual inspections of the facility and of adjoining properties.
§ 312.28 Specialized knowledge or experience on the part of the defendant.
§ 312.29 The relationship of the purchase price to the value of the property if the property was not contaminated.
§ 312.30 Commonly known or reasonably ascertainable information about the property.
§ 312.31 The degree of obviousness of the presence or likely presence of contamination at the property and the ability to detec
PART 350--TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHTTO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS
Subpart A--Trade Secrecy Claims
§ 350.1 Definitions.
§ 350.3 Applicability of subpart; priority where provisions conflict; interaction with 40 CFR part 2.
§ 350.5 Assertion of claims of trade secrecy.
§ 350.7 Substantiating claims of trade secrecy.
§ 350.9 Initial action by EPA.
§ 350.11 Review of claim.
§ 350.13 Sufficiency of assertions.
§ 350.15 Public petitions requesting disclosure of chemical identity claimed as trade secret.
§ 350.16 Address to send trade secrecy claims and petitions requesting disclosure.
§ 350.17 Appeals.
§ 350.18 Release of chemical identity determined to be non-trade secret; notice of intent to release chemical identity.
§ 350.19 Provision of information to States.
§ 350.21 Adverse health effects.
§ 350.23 Disclosure to authorized representatives.
§ 350.25 Disclosure in special circumstances.
§ 350.27 Substantiation form to accompany claims of trade secrecy instructions to substantiation form.
Subpart B--Disclosure of Trade Secret Information to Health Professionals
§ 350.40 Disclosure to health professionals.
PART 355--EMERGENCY PLANNING AND NOTIFICATION
PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHTTO-KNOW
Subpart A--General Provisions
§ 370.1 Purpose.
§ 370.2 Definitions.
§ 370.5 Penalties.
Subpart B--Reporting Requirements
§ 370.20 Applicability.
§ 370.21 MSDS reporting.
§ 370.25 Inventory reporting.
§ 370.28 Mixtures.
Subpart C--Public Access and Availability of Information
§ 370.30 Requests for information.
§ 370.31 Provision of information.
Subpart D--Inventory Forms
§ 370.40 Tier I emergency and hazardous chemical inventory form.
§ 370.41 Tier II emergency and hazardous chemical inventory form.
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
Subpart A--General Provisions
§ 372.1 Scope and purpose.
§ 372.3 Definitions.
§ 372.5 Persons subject to this part.
§ 372.10 Recordkeeping.
§ 372.18 Compliance and enforcement.
Subpart B--Reporting Requirements
§ 372.22 Covered facilities for toxic chemical release reporting.
§ 372.23 SIC and NAICS codes to which this Part applies.
§ 372.25 Thresholds for reporting.
§ 372.27 Alternate thresholds and certifications.
§ 372.28 Lower thresholds for chemicals of special concern.
§ 372.30 Reporting requirements and schedule for reporting.
§ 372.38 Exemptions.
Subpart C--Supplier Notification Requirements
§ 372.45 Notification about toxic chemicals.
Subpart D--Specific Toxic Chemical Listings
§ 372.65 Chemicals and chemical categories to which this part applies.
Subpart E--Forms and Instructions
§ 372.85 Toxic chemical release reporting form and instructions.
§ 372.95 Alternate threshold certifications and instructions.
PART 373--REPORTING HAZARDOUS SUBSTANCE ACTIVITY WHEN SELLING OR TRANSFERRING FEDERAL REAL PROPERTY
PART 374--PRIOR NOTICE OF CITIZEN SUITS
PARTS 375–399 [RESERVED]
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