42 U.S.C. § 9605 : US Code - Section 9605: National contingency plan

Search 42 U.S.C. § 9605 : US Code - Section 9605: National contingency plan

(a) Revision and republication
Within one hundred and eighty days after December 11, 1980, the
President shall, after notice and opportunity for public comments,
revise and republish the national contingency plan for the removal
of oil and hazardous substances, originally prepared and published
pursuant to section 1321 of title 33, to reflect and effectuate the
responsibilities and powers created by this chapter, in addition to
those matters specified in section 1321(c)(2) (!1) of title 33.
Such revision shall include a section of the plan to be known as
the national hazardous substance response plan which shall
establish procedures and standards for responding to releases of
hazardous substances, pollutants, and contaminants, which shall
include at a minimum:
(1) methods for discovering and investigating facilities at
which hazardous substances have been disposed of or otherwise
come to be located;
(2) methods for evaluating, including analyses of relative
cost, and remedying any releases or threats of releases from
facilities which pose substantial danger to the public health or
the environment;
(3) methods and criteria for determining the appropriate extent
of removal, remedy, and other measures authorized by this
chapter;
(4) appropriate roles and responsibilities for the Federal,
State, and local governments and for interstate and
nongovernmental entities in effectuating the plan;
(5) provision for identification, procurement, maintenance, and
storage of response equipment and supplies;
(6) a method for and assignment of responsibility for reporting
the existence of such facilities which may be located on
federally owned or controlled properties and any releases of
hazardous substances from such facilities;
(7) means of assuring that remedial action measures are cost-
effective over the period of potential exposure to the hazardous
substances or contaminated materials;
(8)(A) criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose
of taking remedial action and, to the extent practicable taking
into account the potential urgency of such action, for the
purpose of taking removal action. Criteria and priorities under
this paragraph shall be based upon relative risk or danger to
public health or welfare or the environment, in the judgment of
the President, taking into account to the extent possible the
population at risk, the hazard potential of the hazardous
substances at such facilities, the potential for contamination of
drinking water supplies, the potential for direct human contact,
the potential for destruction of sensitive ecosystems, the damage
to natural resources which may affect the human food chain and
which is associated with any release or threatened release, the
contamination or potential contamination of the ambient air which
is associated with the release or threatened release, State
preparedness to assume State costs and responsibilities, and
other appropriate factors;
(B) based upon the criteria set forth in subparagraph (A) of
this paragraph, the President shall list as part of the plan
national priorities among the known releases or threatened
releases throughout the United States and shall revise the list
no less often than annually. Within one year after December 11,
1980, and annually thereafter, each State shall establish and
submit for consideration by the President priorities for remedial
action among known releases and potential releases in that State
based upon the criteria set forth in subparagraph (A) of this
paragraph. In assembling or revising the national list, the
President shall consider any priorities established by the
States. To the extent practicable, the highest priority
facilities shall be designated individually and shall be referred
to as the "top priority among known response targets", and, to
the extent practicable, shall include among the one hundred
highest priority facilities one such facility from each State
which shall be the facility designated by the State as presenting
the greatest danger to public health or welfare or the
environment among the known facilities in such State. A State
shall be allowed to designate its highest priority facility only
once. Other priority facilities or incidents may be listed singly
or grouped for response priority purposes;
(9) specified roles for private organizations and entities in
preparation for response and in responding to releases of
hazardous substances, including identification of appropriate
qualifications and capacity therefor and including consideration
of minority firms in accordance with subsection (f) of this
section; and
(10) standards and testing procedures by which alternative or
innovative treatment technologies can be determined to be
appropriate for utilization in response actions authorized by
this chapter.
The plan shall specify procedures, techniques, materials,
equipment, and methods to be employed in identifying, removing, or
remedying releases of hazardous substances comparable to those
required under section 1321(c)(2)(F) and (G) and (j)(1) of title
33. Following publication of the revised national contingency plan,
the response to and actions to minimize damage from hazardous
substances releases shall, to the greatest extent possible, be in
accordance with the provisions of the plan. The President may, from
time to time, revise and republish the national contingency plan.
(b) Revision of plan
Not later than 18 months after the enactment of the Superfund
Amendments and Reauthorization Act of 1986 [October 17, 1986], the
President shall revise the National Contingency Plan to reflect the
requirements of such amendments. The portion of such Plan known as
"the National Hazardous Substance Response Plan" shall be revised
to provide procedures and standards for remedial actions undertaken
pursuant to this chapter which are consistent with amendments made
by the Superfund Amendments and Reauthorization Act of 1986
relating to the selection of remedial action.
(c) Hazard ranking system
(1) Revision
Not later than 18 months after October 17, 1986, and after
publication of notice and opportunity for submission of comments
in accordance with section 553 of title 5, the President shall by
rule promulgate amendments to the hazard ranking system in effect
on September 1, 1984. Such amendments shall assure, to the
maximum extent feasible, that the hazard ranking system
accurately assesses the relative degree of risk to human health
and the environment posed by sites and facilities subject to
review. The President shall establish an effective date for the
amended hazard ranking system which is not later than 24 months
after October 17, 1986. Such amended hazard ranking system shall
be applied to any site or facility to be newly listed on the
National Priorities List after the effective date established by
the President. Until such effective date of the regulations, the
hazard ranking system in effect on September 1, 1984, shall
continue in full force and effect.
(2) Health assessment of water contamination risks
In carrying out this subsection, the President shall ensure
that the human health risks associated with the contamination or
potential contamination (either directly or as a result of the
runoff of any hazardous substance or pollutant or contaminant
from sites or facilities) of surface water are appropriately
assessed where such surface water is, or can be, used for
recreation or potable water consumption. In making the assessment
required pursuant to the preceding sentence, the President shall
take into account the potential migration of any hazardous
substance or pollutant or contaminant through such surface water
to downstream sources of drinking water.
(3) Reevaluation not required
The President shall not be required to reevaluate, after
October 17, 1986, the hazard ranking of any facility which was
evaluated in accordance with the criteria under this section
before the effective date of the amendments to the hazard ranking
system under this subsection and which was assigned a national
priority under the National Contingency Plan.
(4) New information
Nothing in paragraph (3) shall preclude the President from
taking new information into account in undertaking response
actions under this chapter.
(d) Petition for assessment of release
Any person who is, or may be, affected by a release or threatened
release of a hazardous substance or pollutant or contaminant, may
petition the President to conduct a preliminary assessment of the
hazards to public health and the environment which are associated
with such release or threatened release. If the President has not
previously conducted a preliminary assessment of such release, the
President shall, within 12 months after the receipt of any such
petition, complete such assessment or provide an explanation of why
the assessment is not appropriate. If the preliminary assessment
indicates that the release or threatened release concerned may pose
a threat to human health or the environment, the President shall
promptly evaluate such release or threatened release in accordance
with the hazard ranking system referred to in paragraph (8)(A) of
subsection (a) of this section to determine the national priority
of such release or threatened release.
(e) Releases from earlier sites
Whenever there has been, after January 1, 1985, a significant
release of hazardous substances or pollutants or contaminants from
a site which is listed by the President as a "Site Cleaned Up To
Date" on the National Priorities List (revised edition, December
1984) the site shall be restored to the National Priorities List,
without application of the hazard ranking system.
(f) Minority contractors
In awarding contracts under this chapter, the President shall
consider the availability of qualified minority firms. The
President shall describe, as part of any annual report submitted to
the Congress under this chapter, the participation of minority
firms in contracts carried out under this chapter. Such report
shall contain a brief description of the contracts which have been
awarded to minority firms under this chapter and of the efforts
made by the President to encourage the participation of such firms
in programs carried out under this chapter.
(g) Special study wastes
(1) Application
This subsection applies to facilities -
(A) which as of October 17, 1986, were not included on, or
proposed for inclusion on, the National Priorities List; and
(B) at which special study wastes described in paragraph (2),
(3)(A)(ii) or (3)(A)(iii) of section 6921(b) of this title are
present in significant quantities, including any such facility
from which there has been a release of a special study waste.
(2) Considerations in adding facilities to NPL
Pending revision of the hazard ranking system under subsection
(c) of this section, the President shall consider each of the
following factors in adding facilities covered by this section to
the National Priorities List:
(A) The extent to which hazard ranking system score for the
facility is affected by the presence of any special study waste
at, or any release from, such facility.
(B) Available information as to the quantity, toxicity, and
concentration of hazardous substances that are constituents of
any special study waste at, or released from such facility, the
extent of or potential for release of such hazardous
constituents, the exposure or potential exposure to human
population and the environment, and the degree of hazard to
human health or the environment posed by the release of such
hazardous constituents at such facility. This subparagraph
refers only to available information on actual concentrations
of hazardous substances and not on the total quantity of
special study waste at such facility.
(3) Savings provisions
Nothing in this subsection shall be construed to limit the
authority of the President to remove any facility which as of
October 17, 1986, is included on the National Priorities List
from such List, or not to list any facility which as of such date
is proposed for inclusion on such list.
(4) Information gathering and analysis
Nothing in this chapter shall be construed to preclude the
expenditure of monies from the Fund for gathering and analysis of
information which will enable the President to consider the
specific factors required by paragraph (2).
(h) NPL deferral
(1) Deferral to State voluntary cleanups
At the request of a State and subject to paragraphs (2) and
(3), the President generally shall defer final listing of an
eligible response site on the National Priorities List if the
President determines that -
(A) the State, or another party under an agreement with or
order from the State, is conducting a response action at the
eligible response site -
(i) in compliance with a State program that specifically
governs response actions for the protection of public health
and the environment; and
(ii) that will provide long-term protection of human health
and the environment; or
(B) the State is actively pursuing an agreement to perform a
response action described in subparagraph (A) at the site with
a person that the State has reason to believe is capable of
conducting a response action that meets the requirements of
subparagraph (A).
(2) Progress toward cleanup
If, after the last day of the 1-year period beginning on the
date on which the President proposes to list an eligible response
site on the National Priorities List, the President determines
that the State or other party is not making reasonable progress
toward completing a response action at the eligible response
site, the President may list the eligible response site on the
National Priorities List.
(3) Cleanup agreements
With respect to an eligible response site under paragraph
(1)(B), if, after the last day of the 1-year period beginning on
the date on which the President proposes to list the eligible
response site on the National Priorities List, an agreement
described in paragraph (1)(B) has not been reached, the President
may defer the listing of the eligible response site on the
National Priorities List for an additional period of not to
exceed 180 days if the President determines deferring the listing
would be appropriate based on -
(A) the complexity of the site;
(B) substantial progress made in negotiations; and
(C) other appropriate factors, as determined by the
President.
(4) Exceptions
The President may decline to defer, or elect to discontinue a
deferral of, a listing of an eligible response site on the
National Priorities List if the President determines that -
(A) deferral would not be appropriate because the State, as
an owner or operator or a significant contributor of hazardous
substances to the facility, is a potentially responsible party;
(B) the criteria under the National Contingency Plan for
issuance of a health advisory have been met; or
(C) the conditions in paragraphs (1) through (3), as
applicable, are no longer being met.