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CFR Regulation

NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN

Citation
40 CFR Part 300
Current through
Sections
83
§ 300.1Purpose and objectives.

The purpose of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) is to provide the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances, pollutants, and contaminants.

§ 300.2Authority and applicability.

The NCP is required by section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9605, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub. L. 99-499, (hereinafter CERCLA), and by section 311(d) of the Clean Water Act (CWA), 33 U.S.C. 1321(d), as amended by the Oil Pollution Act of 1990 (OPA), Pub. L. 101-380. In Executive Order (E.O.) 12777 (56 FR 54757, October 22, 1991), the President delegated to the Environmental Protection Agency (EPA) the responsibility for the amendment of the NCP. Amendments to the NCP are coordinated with members of the National Response Team (NRT) prior to publication for notice and comment. This includes coordination with the Federal Emergency Management Agency (FEMA) and the Nuclear Regulatory Commission in order to avoid inconsistent or duplicative requirements in the emergency planning responsibilities of those agencies. The NCP is applicable to response actions taken pursuant to the authorities under CERCLA and section 311 of the CWA, as amended.

§ 300.3Scope.

(a) The NCP applies to and is in effect for:

(1) Discharges of oil into or on the navigable waters of the United States, on the adjoining shorelines, the waters of the contiguous zone, into waters of the exclusive economic zone, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (See sections 311(c)(1) and 502(7) of the CWA).

(2) Releases into the environment of hazardous substances, and pollutants or contaminants which may present an imminent and substantial danger to public health or welfare of the United States.

(b) The NCP provides for efficient, coordinated, and effective response to discharges of oil and releases of hazardous substances, pollutants, and contaminants in accordance with the authorities of CERCLA and the CWA. It provides for:

(1) The national response organization that may be activated in response actions. It specifies responsibilities among the federal, state, and local governments and describes resources that are available for response.

(2) The establishment of requirements for federal, regional, and area contingency plans. It also summarizes state and local emergency planning requirements under SARA Title III.

(3) Procedures for undertaking removal actions pursuant to section 311 of the CWA.

(4) Procedures for undertaking response actions pursuant to CERCLA.

(5) Procedures for involving state governments in the initiation, development, selection, and implementation of response actions, pursuant to CERCLA.

(6) Listing of federal trustees for natural resources for purposes of CERCLA and the CWA.

(7) Procedures for the participation of other persons in response actions.

(8) Procedures for compiling and making available an administrative record for response actions.

(9) National procedures for the use of dispersants and other chemicals in removals under the CWA and response actions under CERCLA.

(c) In implementing the NCP, consideration shall be given to international assistance plans and agreements, security regulations and responsibilities based on international agreements, federal statutes, and executive orders. Actions taken pursuant to the provisions of any applicable international joint contingency plans shall be consistent with the NCP, to the greatest extent possible. The Department of State shall be consulted, as appropriate, prior to taking any action which may affect its activities.

(d) Additionally, the NCP applies to and is in effect when the Federal Response Plan and some or all its Emergency Support Functions (ESFs) are activated.

§ 300.4Abbreviations.

(a) Department and Agency Title Abbreviations:

ATSDR—Agency for Toxic Substances and Disease Registry

CDC—Centers for Disease Control

DOC—Department of Commerce

DOD—Department of Defense

DOE—Department of Energy

DOI—Department of the Interior

DOJ—Department of Justice

DOL—Department of Labor

DOS—Department of State

DOT—Department of Transportation

EPA—Environmental Protection Agency

FEMA—Federal Emergency Management Agency

GSA—General Services Administration

HHS—Department of Health and Human Services

NIOSH—National Institute for Occupational Safety and Health

NOAA—National Oceanic and Atmospheric Administration

OSHA—Occupational Health and Safety Administration

RSPA—Research and Special Programs Administration

USCG—United States Coast Guard

USDA—United States Department of Agriculture

Note:

Reference is made in the NCP to both the Nuclear Regulatory Commission and the National Response Center. In order to avoid confusion, the NCP will spell out Nuclear Regulatory Commission and use the abbreviation “NRC” only with respect to the National Response Center.

(b) Operational Abbreviations:

ACP—Area Contingency Plan

ARARs—Applicable or Relevant and Appropriate Requirements

CERCLIS—CERCLA Information System

CRC—Community Relations Coordinator

CRP—Community Relations Plan

DRAT—District Response Advisory Team

DRG—District Response Group

ERT—Environmental Response Team

ESF—Emergency Support Function

FCO—Federal Coordinating Officer

FRERP—Federal Radiological Emergency Response Plan

FRP—Federal Response Plan

FS—Feasibility Study

HRS—Hazard Ranking System

LEPC—Local Emergency Planning Committee

NCP—National Contingency Plan

NPFC—National Pollution Funds Center

NPL—National Priorities List

NRC—National Response Center

NRS—National Response System

NRT—National Response Team

NSF—National Strike Force

NSFCC—National Strike Force Coordination Center

O&M—Operation and Maintenance

OSC—On-Scene Coordinator

OSLTF—Oil Spill Liability Trust Fund

PA—Preliminary Assessment

PIAT—Public Information Assist Team

RA—Remedial Action

RCP—Regional Contingency Plan

RD—Remedial Design

RERT—Radiological Emergency Response Team

RI—Remedial Investigation

ROD—Record of Decision

RPM—Remedial Project Manager

RRC—Regional Response Center

RRT—Regional Response Team

SAC—Support Agency Coordinator

SEMS—Superfund Enterprise Management System

SERC—State Emergency Response Commission

SI—Site Inspection

SMOA—Superfund Memorandum of Agreement

SONS—Spill of National Significance

SSC—Scientific Support Coordinator

SUPSALV—United States Navy Supervisor of Salvage

USFWS—United States Fish and Wildlife Service

§ 300.5Definitions.

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.

Bioaccumulation is the process of accumulation of chemicals in the tissue of organisms through any route, including respiration, ingestion, or direct contact with the ambient or contaminated medium.

Bioconcentration is the accumulation of chemicals in the tissues of organisms from water alone.

Biodegradation is a process by which microorganisms metabolically decompose contaminants into biomass and smaller molecular compounds such as carbon dioxide, water, and end products.

Biological agents are microorganisms (typically bacteria, fungi, or algae) or biological catalysts, such as enzymes, that can enhance the biodegradation of a contaminated environment.

Bioremediation is the process of enhancing the ability of microorganisms to convert contaminants into biomass and smaller molecular end products by the addition of materials into a contaminated environment to accelerate the natural biodegradation process.

Bioremediation agents are biological agents and/or nutrient additives deliberately introduced into a contaminated environment to increase the rate of biodegradation and mitigate any deleterious effects caused by the contaminant constituents. Bioremediation agents include microorganisms, enzymes, and nutrient additives such as fertilizers containing bioavailable forms of nitrogen, phosphorus, and potassium.

Burning agents are 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 was the abbreviation for the CERCLA Information System. This system has been retired and has been replaced with SEMS, the Superfund Enterprise Management System.

Chemical agents are elements, compounds, or mixtures designed to facilitate the removal of oil from a contaminated environment and to mitigate any deleterious effects. Chemical agent categories include burning agents, dispersants, herding agents, solidifiers, surface washing agents, and bioremediation agents that consist of nutrient additives.

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.

Dispersants are substances that emulsify, disperse, or solubilize oil by promoting the formation of small droplets or particles of oil in 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.

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).

Herding agents are substances that form a film on the water surface to control the spreading of the oil to allow for oil removal.

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 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.

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 means the waters of the United States, including the territorial seas, as defined in § 120.2 of this chapter.

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 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.

Products are chemical or biological agents or other substances manufactured using a unique composition or formulation.

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 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 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 amending the Internal Revenue Code is also known as the “Superfund Revenue Act of 1986.”

SEMS is the abbreviation for the Superfund Enterprise Management System. SEMS is EPA's comprehensive data management system that inventories and tracks information about releases addressed or needing to be addressed by the CERCLA Superfund program. SEMS consolidates legacy systems including CERCLIS into a single integrated platform. SEMS contains information for potential and confirmed hazardous waste sites addressed under the Superfund remedial and removal programs. SEMS includes sites in the active site inventory and archived sites. The active site inventory includes sites on the NPL, and sites not on the NPL where site assessment, removal, remedial, enforcement, cost recovery, or oversight activities are being planned or conducted. Archived sites include non-NPL sites that were formerly in the active site inventory which have no further site assessment, removal, remedial, enforcement, cost recovery or oversight needed under the Federal Superfund program based on available information. New information may warrant return of an archive site to the active inventory. Inclusion of a specific site or area in SEMS does not represent a determination of any party's liability, nor does it represent a finding that any response action is necessary.”

Sinking agents are substances introduced into an oil discharge for the purpose of submerging the oil to the bottom of a water body.

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.

Solidifiers are substances that through a chemical reaction cause oil to become a cohesive mass, preventing oil from dissolving or dispersing into the water column. Solidifiers are generally collected and recovered from the environment.

Sorbents are inert and insoluble substances that readily absorb and/or adsorb oil or hazardous substances, and that are not combined with or act as a chemical agent, biological agent, or sinking agent. Sorbents may be used in their natural bulk form or as manufactured products in particulate form, sheets, rolls, pillows, or booms. Sorbents are generally collected and recovered from the environment. Sorbents consist of:

(1) Natural organic substances ( e.g., feathers, cork, peat moss, and cellulose fibers such as bagasse, corncobs, and straw);

(2) Inorganic/mineral compounds ( e.g., volcanic ash, perlite, vermiculite, zeolite, clay); and

(3) Synthetic compounds ( e.g., polypropylene, polyethylene, polyurethane, 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 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 washing agents are substances that separate oil from solid surfaces, such as beaches, rocks, metals, or concrete, through a detergency mechanism that lifts and floats oil. Product and oil are generally to be collected and recovered from the environment with minimal dissolution, dispersion, or transfer 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

(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, Mar. 29, 1995;79 FR 65592, Nov. 5, 2014; 80 FR 37119, June 29, 2015; 83 FR 5209, Feb. 6, 2018; 88 FR 38332, June 12, 2023]

§ 300.6Use of number and gender.

As used in this regulation, words in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require.

§ 300.7Computation of time.

In computing any period of time prescribed or allowed in these rules of practice, except as otherwise provided, the day of the event from which the designated period begins to run shall not be included. Saturdays, Sundays, and federal legal holidays shall be included. When a stated time expires on a Saturday, Sunday, or legal holiday, the stated time period shall be extended to include the next business day.

§ 300.100Duties of President delegated to federal agencies.

In Executive Orders 12580 and 12777, the President delegated certain functions and responsibilities vested in him by the CWA, CERCLA, and the OPA.

Appendix AAppendix A to Part 300—The Hazard Ranking System

Table of Contents

List of Figures

List of Tables

1.0. Introduction.

1.1 Definitions.

2.0 Evaluations Common to Multiple Pathways.

2.1 Overview.

2.1.1 Calculation of HRS site score.

2.1.2 Calculation of pathway score.

2.1.3 Common evaluations.

2.2 Characterize sources.

2.2.1 Identify sources.

2.2.2 Identify hazardous substances associated with a source.

2.2.3 Identify hazardous substances available to a pathway.

2.3 Likelihood of release.

2.4 Waste characteristics.

2.4.1 Selection of substance potentially posing greatest hazard.

2.4.1.1 Toxicity factor.

2.4.1.2 Hazardous substance selection.

2.4.2 Hazardous waste quantity.

2.4.2.1 Source hazardous waste quantity.

2.4.2.1.1 Hazardous constituent quantity.

2.4.2.1.2 Hazardous wastestream quantity.

2.4.2.1.3 Volume.

2.4.2.1.4 Area.

2.4.2.1.5 Calculation of source hazardous waste quantity value.

2.4.2.2 Calculation of hazardous waste quantity factor value.

2.4.3 Waste characteristics factor category value.

2.4.3.1 Factor category value.

2.4.3.2 Factor category value, considering bioaccumulation potential.

2.5 Targets.

2.5.1 Determination of level of actual contamination at a sampling location.

2.5.2 Comparison to benchmarks.

3.0 Ground Water Migration Pathway.

3.0.1 General considerations.

3.0.1.1 Ground water target distance limit.

3.0.1.2 Aquifer boundaries.

3.0.1.2.1 Aquifer interconnections.

3.0.1.2.2 Aquifer discontinuities.

3.0.1.3 Karst aquifer.

3.1 Likelihood of release.

3.1.1 Observed release.

3.1.2 Potential to release.

3.1.2.1 Containment.

3.1.2.2 Net precipitation.

3.1.2.3 Depth to aquifer.

3.1.2.4 Travel time.

3.1.2.5 Calculation of potential to release factor value.

3.1.3 Calculation of likelihood of release factor category value.

3.2 Waste characteristics.

3.2.1 Toxicity/mobility.

3.2.1.1 Toxicity.

3.2.1.2 Mobility.

3.2.1.3 Calculation of toxicity/mobility factor value.

3.2.2 Hazardous waste quantity.

3.2.3 Calculation of waste characteristics factor category value.

3.3 Targets.

3.3.1 Nearest well.

3.3.2 Population.

3.3.2.1 Level of contamination.

3.3.2.2 Level I concentrations.

3.3.2.3 Level II concentrations.

3.3.2.4 Potential contamination.

3.3.2.5 Calculation of population factor value.

3.3.3 Resources.

3.3.4 Wellhead Protection Area.

3.3.5 Calculation of targets factor category value.

3.4 Ground water migration score for an aquifer.

3.5 Calculation of ground water migration pathway score.

4.0 Surface Water Migration Pathway.

4.0.1 Migration components.

4.0.2 Surface water categories.

4.1 Overland/flood migration component.

4.1.1 General considerations.

4.1.1.1 Definition of hazardous substance migration path for overland/flood migration component.

4.1.1.2 Target distance limit.

4.1.1.3 Evaluation of overland/flood migration component.

4.1.2 Drinking water threat.

4.1.2.1 Drinking water threat-likelihood of release.

4.1.2.1.1 Observed release.

4.1.2.1.2 Potential to release.

4.1.2.1.2.1 Potential to release by overland flow.

4.1.2.1.2.1.1 Containment.

4.1.2.1.2.1.2 Runoff.

4.1.2.1.2.1.3 Distance to surface water.

4.1.2.1.2.1.4 Calculation of factor value for potential to release by overland flow.

4.1.2.1.2.2 Potential to release by flood.

4.1.2.1.2.2.1 Containment (flood).

4.1.2.1.2.2.2 Flood frequency.

4.1.2.1.2.2.3 Calculation of factor value for potential to release by flood.

4.1.2.1.2.3 Calculation of potential to release factor value.

4.1.2.1.3 Calculation of drinking water threat-likelihood of release factor category value.

4.1.2.2 Drinking water threat-waste characteristics.

4.1.2.2.1 Toxicity/persistence.

4.1.2.2.1.1 Toxicity.

4.1.2.2.1.2 Persistence.

4.1.2.2.1.3 Calculation of toxicity/persistence factor value.

4.1.2.2.2 Hazardous waste quantity.

4.1.2.2.3 Calculation of drinking water threat-waste characteristics factor category value.

4.1.2.3 Drinking water threat-targets.

4.1.2.3.1 Nearest intake.

4.1.2.3.2 Population.

4.1.2.3.2.1 Level of contamination.

4.1.2.3.2.2 Level I concentrations.

4.1.2.3.2.3 Level II concentrations.

4.1.2.3.2.4 Potential contamination.

4.1.2.3.2.5 Calculation of population factor value.

4.1.2.3.3 Resources.

4.1.2.3.4 Calculation of drinking water threat-targets factor category value.

4.1.2.4 Calculation of the drinking water threat score for a watershed.

4.1.3 Human food chain threat.

4.1.3.1 Human food chain threat-likelihood of release.

4.1.3.2 Human food chain threat-waste characteristics.

4.1.3.2.1 Toxicity/persistence/bioaccumulation.

4.1.3.2.1.1 Toxicity.

4.1.3.2.1.2 Persistence.

4.1.3.2.1.3 Bioaccumulation potential.

4.1.3.2.1.4 Calculation of toxicity/persistence/bioaccumulation factor value.

4.1.3.2.2 Hazardous waste quantity.

4.1.3.2.3 Calculation of human food chain threat-waste characteristics factor category value.

4.1.3.3 Human food chain threat-targets.

4.1.3.3.1 Food chain individual.

4.1.3.3.2 Population.

4.1.3.3.2.1 Level I concentrations.

4.1.3.3.2.2 Level II concentrations.

4.1.3.3.2.3 Potential human food chain contamination.

4.1.3.3.2.4 Calculation of population factor value.

4.1.3.3.3 Calculation of human food chain threat-targets factor category value.

4.1.3.4 Calculation of human food chain threat score for a watershed.

4.1.4 Environmental threat.

4.1.4.1 Environmental threat-likelihood of release.

4.1.4.2 Environmental threat-waste characteristics.

4.1.4.2.1 Ecosystem toxicity/persistence/bioaccumulation.

4.1.4.2.1.1 Ecosystem toxicity.

4.1.4.2.1.2 Persistence.

4.1.4.2.1.3 Ecosystem bioaccumulation potential.

4.1.4.2.1.4 Calculation of ecosystem toxicity/persistence/bioaccumulation factor value.

4.1.4.2.2 Hazardous waste quantity.

4.1.4.2.3 Calculation of environmental threat-waste characteristics factor category value.

4.1.4.3 Environmental threat-targets.

4.1.4.3.1 Sensitive environments.

4.1.4.3.1.1 Level I concentrations.

4.1.4.3.1.2 Level II concentrations.

4.1.4.3.1.3 Potential contamination.

4.1.4.3.1.4 Calculation of environmental threat-targets factor category value.

4.1.4.4 Calculation of environmental threat score for a watershed.

4.1.5 Calculation of overland/flood migration component score for a watershed.

4.1.6 Calculation of overland/flood migration component score.

4.2 Ground water to surface water migration component.

4.2.1 General Considerations.

4.2.1.1 Eligible surface waters.

4.2.1.2 Definition of hazardous substance migration path for ground water to surface water migration component.

4.2.1.3 Observed release of a specific hazardous substance to surface water in-water segment.

4.2.1.4 Target distance limit.

4.2.1.5 Evaluation of ground water to surface water migration component.

4.2.2 Drinking water threat.

4.2.2.1 Drinking water threat-likelihood of release.

4.2.2.1.1 Observed release.

4.2.2.1.2 Potential to release.

4.2.2.1.3 Calculation of drinking water threat-likelihood of release factor category value.

4.2.2.2 Drinking water threat-waste characteristics.

4.2.2.2.1 Toxicity/mobility/persistence.

4.2.2.2.1.1 Toxicity.

4.2.2.2.1.2 Mobility.

4.2.2.2.1.3 Persistence.

4.2.2.2.1.4 Calculation of toxicity/mobility/persistence factor value.

4.2.2.2.2 Hazardous waste quantity.

4.2.2.2.3 Calculation of drinking water threat-waste characteristics factor category value.

4.2.2.3 Drinking water threat-targets.

4.2.2.3.1 Nearest intake.

4.2.2.3.2 Population.

4.2.2.3.2.1 Level I concentrations.

4.2.2.3.2.2 Level II concentrations.

4.2.2.3.2.3 Potential contamination.

4.2.2.3.2.4 Calculation of population factor value.

4.2.2.3.3 Resources.

4.2.2.3.4 Calculation of drinking water threat-targets factor category value.

4.2.2.4 Calculation of drinking water threat score for a watershed.

4.2.3 Human food chain threat.

4.2.3.1 Human food chain threat-likelihood of release.

4.2.3.2 Human food chain threat-waste characteristics.

4.2.3.2.1 Toxicity/mobility/persistence/bioaccumulation.

4.2.3.2.1.1 Toxicity.

4.2.3.2.1.2 Mobility.

4.2.3.2.1.3 Persistence.

4.2.3.2.1.4 Bioaccumulation potential.

4.2.3.2.1.5 Calculation of toxicity/mobility/persistence/bioaccumulation factor value.

4.2.3.2.2 Hazardous waste quantity.

4.2.3.2.3 Calculation of human food chain threat-waste characteristics factor category value.

4.2.3.3 Human food chain threat-targets.

4.2.3.3.1 Food chain individual.

4.2.3.3.2 Population.

4.2.3.3.2.1 Level I concentrations.

4.2.3.3.2.2 Level II concentrations.

4.2.3.3.2.3 Potential human food chain contamination.

4.2.3.3.2.4 Calculation of population factor value.

4.2.3.3.3 Calculation of human food chain threat-targets factor category value.

4.2.3.4 Calculation of human food chain threat score for a watershed.

4.2.4 Environmental threat.

4.2.4.1 Environmental threat-likelihood of release.

4.2.4.2 Environmental threat-waste characteristics.

4.2.4.2.1 Ecosystem toxicity/mobility/persistence/bioaccumulation.

4.2.4.2.1.1 Ecosystem toxicity.

4.2.4.2.1.2 Mobility.

4.2.4.2.1.3 Persistence.

4.2.4.2.1.4 Ecosystem bioaccumulation potential.

4.2.4.2.1.5 Calculation of ecosystem toxicity/mobility/persistence/bioaccumulation factor value.

4.2.4.2.2 Hazardous waste quantity.

4.2.4.2.3 Calculation of environmental threat-waste characteristics factor category value.

4.2.4.3 Environmental threat-targets.

4.2.4.3.1 Sensitive environments.

4.2.4.3.1.1 Level I concentrations.

4.2.4.3.1.2 Level II concentrations.

4.2.4.3.1.3 Potential contamination.

4.2.4.3.1.4 Calculation of environmental threat-targets factor category value.

4.2.4.4 Calculation of environmental threat score for a watershed.

4.2.5 Calculation of ground water to surface water migration component score for a watershed.

4.2.6 Calculation of ground water to surface water migration component score.

4.3 Calculation of surface water migration pathway score.

5.0 Soil Exposure and Subsurface Intrusion Pathway.

5.0.1 Exposure components.

5.1 Soil exposure component.

5.1.0 General considerations.

5.1.1 Resident population threat.

5.1.1.1 Likelihood of exposure.

5.1.1.2 Waste characteristics.

5.1.1.2.1 Toxicity.

5.1.1.2.2 Hazardous waste quantity.

5.1.1.2.3 Calculation of waste characteristics factor category value.

5.1.1.3 Targets.

5.1.1.3.1 Resident individual.

5.1.1.3.2 Resident population.

5.1.1.3.2.1 Level I concentrations.

5.1.1.3.2.2 Level II concentrations.

5.1.1.3.2.3 Calculation of resident population factor value.

5.1.1.3.3 Workers.

5.1.1.3.4 Resources.

5.1.1.3.5 Terrestrial sensitive environments.

5.1.1.3.6 Calculation of resident population targets factor category value.

5.1.1.4 Calculation of resident population threat score.

5.1.2 Nearby population threat.

5.1.2.1 Likelihood of exposure.

5.1.2.1.1 Attractiveness/accessibility.

5.1.2.1.2 Area of contamination.

5.1.2.1.3 Likelihood of exposure factor category value.

5.1.2.2 Waste characteristics.

5.1.2.2.1 Toxicity.

5.1.2.2.2 Hazardous waste quantity.

5.1.2.2.3 Calculation of waste characteristics factor category value.

5.1.2.3 Targets.

5.1.2.3.1 Nearby individual.

5.1.2.3.2 Population within 1 mile.

5.1.2.3.3 Calculation of nearby population targets factor category value.

5.1.2.4 Calculation of nearby population threat score.

5.1.3 Calculation of soil exposure component score.

5.2 Subsurface intrusion component.

5.2.0 General considerations.

5.2.1 Subsurface intrusion component.

5.2.1.1 Likelihood of exposure.

5.2.1.1.1 Observed exposure.

5.2.1.1.2 Potential for exposure.

5.2.1.1.2.1 Structure containment.

5.2.1.1.2.2 Depth to contamination.

5.2.1.1.2.3 Vertical migration.

5.2.1.1.2.4 Vapor migration potential.

5.2.1.1.2.5 Calculation of potential for exposure factor value.

5.2.1.1.3 Calculation of likelihood of exposure factor category value.

5.2.1.2 Waste characteristics.

5.2.1.2.1 Toxicity/degradation.

5.2.1.2.1.1 Toxicity.

5.2.1.2.1.2 Degradation.

5.2.1.2.1.3 Calculation of toxicity/degradation factor value.

5.2.1.2.2 Hazardous waste quantity.

5.2.1.2.3 Calculation of waste characteristics factor category value.

5.2.1.3 Targets.

5.2.1.3.1 Exposed individual.

5.2.1.3.2 Population.

5.2.1.3.2.1 Level I concentrations.

5.2.1.3.2.2 Level II concentrations.

5.2.1.3.2.3 Population within area(s) of subsurface contamination.

5.2.1.3.2.4 Calculation of population factor value.

5.2.1.3.3 Resources.

5.2.1.3.4 Calculation of targets factor category value.

5.2.2 Calculation of subsurface intrusion component score.

5.3 Calculation of the soil exposure and subsurface intrusion pathway score.

6.0 Air Migration Pathway.

6.1 Likelihood of release.

6.1.1 Observed release.

6.1.2 Potential to release.

6.1.2.1 Gas potential to release.

6.1.2.1.1 Gas containment.

6.1.2.1.2 Gas source type.

6.1.2.1.3 Gas migration potential.

6.1.2.1.4 Calculation of gas potential to release value.

6.1.2.2 Particulate potential to release.

6.1.2.2.1 Particulate containment.

6.1.2.2.2 Pariculate source type.

6.1.2.2.3 Particulate migration potential.

6.1.2.2.4 Calculation of particulate potential to release value.

6.1.2.3 Calculation of potential to release factor value for the site.

6.1.3 Calculation of likelihood of release factor category value.

6.2 Waste characteristics.

6.2.1 Toxicity/mobility.

6.2.1.1 Toxicity.

6.2.1.2 Mobility.

6.2.1.3 Calculation of toxicity/mobility factor value.

6.2.2 Hazardous waste quantity.

6.2.3 Calculation of waste characteristics factor category value.

6.3 Targets.

6.3.1 Nearest individual.

6.3.2 Population.

6.3.2.1 Level of contamination.

6.3.2.2 Level I concentrations.

6.3.2.3 Level II concentrations.

6.3.2.4 Potential contamination.

6.3.2.5 Calculation of population factor value.

6.3.3 Resources.

6.3.4 Sensitive environments.

6.3.4.1 Actual contamination.

6.3.4.2 Potential contamination.

6.3.4.3 Calculation of sensitive environments factor value.

6.3.5 Calculation of targets factor category value.

6.4 Calculation of air migration pathway score.

7.0 Sites Containing Radioactive Substances.

7.1 Likelihood of release/likelihood of exposure.

7.1.1 Observed release/observed contamination/observed exposure.

7.1.2 Potential to release/potential for exposure.

7.2 Waste characteristics.

7.2.1 Human toxicity.

7.2.2 Ecosystem toxicity.

7.2.3 Persistence/degradation.

7.2.4 Selection of substance potentially posing greatest hazard.

7.2.5 Hazardous waste quantity.

7.2.5.1 Source hazardous waste quantity for radionuclides.

7.2.5.1.1 Radionuclide constituent quantity (Tier A).

7.2.5.1.2 Radionuclide wastestream quantity (Tier B).

7.2.5.1.3 Calculation of source hazardous waste quantity value for radionuclides.

7.2.5.2 Calculation of hazardous waste quantity factor value for radionuclides.

7.2.5.3 Calculation of hazardous waste quantity factor value for sites containing mixed radioactive and other hazardous substances.

7.3 Targets.

7.3.1 Level of contamination at a sampling location.

7.3.2 Comparison to benchmarks.

7.3.3 Weighting of targets within an area of subsurface contamination.

List of Figures

Figure number

3-1 Overview of ground water migration pathway.

3-2 Net precipitation factor values.

4-1 Overview of surface water overland/flood migration component.

4-2 Overview of ground water to surface water migration component.

4-3 Sample determination of ground water to surface water angle.

5-1 Overview of the soil exposure and subsurface intrusion pathway.

6-1 Overview of air migration pathway.

6-2 Particulate migration potential factor values.

6-3 Particulate mobility factor values.

List of Tables

Table number

2-1 Sample pathway scoresheet.

2-2 Sample source characterization worksheet.

2-3 Observed release criteria for chemical analysis.

2-4 Toxicity factor evaluation.

2-5 Hazardous waste quantity evaluation equations.

2-6 Hazardous waste quantity factor values.

2-7 Waste characteristics factor category values.

3-1 Ground water migration pathway scoresheet.

3-2 Containment factor values for ground water migration pathway.

3-3 Monthly latitude adjusting values.

3-4 Net precipitation factor values.

3-5 Depth to aquifer factor values.

3-6 Hydraulic conductivity of geologic materials.

3-7 Travel time factor values.

3-8 Ground water mobility factor values.

3-9 Toxicity/mobility factor values.

3-10 Health-based benchmarks for hazardous substances in drinking water.

3-11 Nearest well factor values.

3-12 Distance-weighted population values for potential contamination factor for ground water migration pathway.

4-1 Surface water overland/flood migration component scoresheet.

4-2 Containment factor values for surface water migration pathway.

4-3 Drainage area values.

4-4 Soil group designations.

4-5 Rainfall/runoff values.

4-6 Runoff factor values.

4-7 Distance to surface water factor values.

4-8 Containment (flood) factor values.

4-9 Flood frequency factor values.

4-10 Persistence factor values—half-life.

4-11 Persistence factor values—log K ow

4-12 Toxicity/persistence factor values.

4-13 Surface water dilution weights.

4-14 Dilution-weighted population values for potential contamination factor for surface water migration pathway.

4-15 Bioaccumulation potential factor values.

4-16 Toxicity/persistence/bioaccumulation factor values.

4-17 Health-based benchmarks for hazardous substances in human food chain.

4-18 Human food chain population values.

4-19 Ecosystem toxicity factor values.

4-20 Ecosystem toxicity/persistence factor values.

4-21 Ecosystem toxicity/persistence/bioaccumulation factor values.

4-22 Ecological-based benchmarks for hazardous substances in surface water.

4-23 Sensitive environments rating values.

4-24 Wetlands rating values for surface water migration pathway.

4-25 Ground water to surface water migration component scoresheet.

4-26 Toxicity/mobility/persistence factor values.

4-27 Dilution weight adjustments.

4-28 Toxicity/mobility/persistence/bioaccumulation factor values.

4-29 Ecosystem toxicity/mobility/persistence factor values.

4-30 Ecosystem toxicity/mobility/persistence/bioaccumulation factor values.

5-1 Soil exposure component scoresheet.

5-2 Hazardous waste quantity evaluation equations for soil exposure component.

5-3 Health-based benchmarks for hazardous substances in soils.

5-4 Factor values for workers.

5-5 Terrestrial sensitive environments rating values.

5-6 Attractiveness/accessibility values.

5-7 Area of contamination factor values.

5-8 Nearby population likelihood of exposure factor values.

5-9 Nearby individual factor values.

5-10 Distance-weighted population values for nearby population threat.

5-11 Subsurface intrusion component scoresheet.

5-12 Structure containment.

5-13 Depth to contamination.

5-14 Effective porosity/permeability of geological materials.

5-15 Vertical migration factor values.

5-16 Values for vapor pressure and Henry's constant.

5-17 Vapor migration potential factor values for a hazardous substance.

5-18 Degradation factor value table.

5-19 Hazardous waste quantity evaluation equations for subsurface intrusion component.

5-20 Health-based benchmarks for hazardous substances in the subsurface intrusion component.

5-21 Weighting factor values for populations within an area of subsurface contamination.

6-1 Air migration pathway scoresheet.

6-2 Gas potential to release evaluation.

6-3 Gas containment factor values.

6-4 Source type factor values.

6-5 Values for vapor pressure and Henry's constant.

6-6 Gas migration potential values for a hazardous substance.

6-7 Gas migration potential values for the source.

6-8 Particulate potential to release evaluation.

6-9 Particulate containment factor values.

6-10 Particulate migration potential values.

6-11 Gas mobility factor values.

6-12 Particulate mobility factor values.

6-13 Toxicity/mobility factor values.

6-14 Health-based benchmarks for hazardous substances in air.

6-15 Air migration pathway distance weights.

6-16 Nearest individual factor values.

6-17 Distance-weighted population values for potential contamination factor for air pathway.

6-18 Wetlands rating values for air migration pathway.

7-1 HRS factors evaluated differently for radionuclides.

7-2 Toxicity factor values for radionuclides.

1.0 Introduction

The Hazard Ranking System (HRS) is the principal mechanism the U.S. Environmental Protection Agency (EPA) uses to place sites on the National Priorities List (NPL). The HRS serves as a screening device to evaluate the potential for releases of uncontrolled hazardous substances to cause human health or environmental damage. The HRS provides a measure of relative rather than absolute risk. It is designed so that it can be consistently applied to a wide variety of sites.

1.1 Definitions

Acute toxicity: Measure of toxicological responses that result from a single exposure to a substance or from multiple exposures within a short period of time (typically several days or less). Specific measures of acute toxicity used within the HRS include lethal dose 50 (LD 50 ) and lethal concentration 50 (LC 50 ), typically measured within a 24-hour to 96-hour period.

Ambient Aquatic Life Advisory Concentrations (AALACs): EPA's advisory concentration limit for acute or chronic toxicity to aquatic organisms as established under section 304(a)(1) of the Clean Water Act, as amended.

Ambient Water Quality Criteria (AWQC)/National Recommended Water Quality Criteria: EPA's maximum acute (Criteria Maximum Concentration or CMC) or chronic (Criterion Continuous Concentration or CCC) toxicity concentrations for protection of aquatic life and its uses as established under section 304(a)(1) of the Clean Water Act, as amended.

Bioconcentration factor (BCF): Measure of the tendency for a substance to accumulate in the tissue of an aquatic organism. BCF is determined by the extent of partitioning of a substance, at equilibrium, between the tissue of an aquatic organism and water. As the ratio of concentration of a substance in the organism divided by the concentration in water, higher BCF values reflect a tendency for substances to accumulate in the tissue of aquatic organisms. [unitless].

Biodegradation: Chemical reaction of a substance induced by enzymatic activity of microorganisms.

CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Pub. L. 96-510, as amended).

Channelized flow: Natural geological or manmade features such as karst, fractures, lava tubes, and utility conduits ( e.g., sewer lines), which allow ground water and/or soil gas to move through the subsurface environment more easily.

Chronic toxicity: Measure of toxicological responses that result from repeated exposure to a substance over an extended period of time (typically 3 months or longer). Such responses may persist beyond the exposure or may not appear until much later in time than the exposure. HRS measures of chronic toxicity include Reference Dose (RfD) and Reference Concentration (RfC) values.

Contract Laboratory Program (CLP): Analytical program developed for CERCLA waste site samples to fill the need for legally defensible analytical results supported by a high level of quality assurance and documentation.

Contract-Required Detection Limit (CRDL): Term equivalent to contract-required quantitation limit, but used primarily for inorganic substances.

Contract-Required Quantitation Limit (CRQL): Substance-specific level that a CLP laboratory must be able to routinely and reliably detect in specific sample matrices. It is not the lowest detectable level achievable, but rather the level that a CLP laboratory should reasonably quantify. The CRQL may or may not be equal to the quantitation limit of a given substance in a given sample. For HRS purposes, the term CRQL refers to both the contract-required quantitation limit and the contract-required detection limit.

Crawl space: The enclosed or semi-enclosed area between a regularly occupied structure's foundation ( e.g., pier and beam construction) and the ground surface. Crawl space samples are collected to determine the concentration of hazardous substances in the air beneath a regularly occupied structure.

Curie (Ci): Measure used to quantify the amount of radioactivity. One curie equals 37 billion nuclear transformations per second, and one picocurie (pCi) equals 10 −12 Ci.

Decay product: Isotope formed by the radioactive decay of some other isotope. This newly formed isotope possesses physical and chemical properties that are different from those of its parent isotope, and may also be radioactive.

Detection Limit (DL): Lowest amount that can be distinguished from the normal random “noise” of an analytical instrument or method. For HRS purposes, the detection limit used is the method detection limit (MDL) or, for real-time field instruments, the detection limit of the instrument as used in the field.

Dilution weight: Parameter in the HRS surface water migration pathway that reduces the point value assigned to targets as the flow or depth of the relevant surface water body increases. [unitless].

Distance weight: Parameter in the HRS air migration pathway, ground water migration pathway, and the soil exposure component of the soil exposure and subsurface intrusion pathway that reduces the point value assigned to targets as their distance increases from the site. [unitless].

Distribution coefficient (K d ): Measure of the extent of partitioning of a substance between geologic materials (for example, soil, sediment, rock) and water (also called partition coefficient). The distribution coefficient is used in the HRS in evaluating the mobility of a substance for the ground water migration pathway. [ml/g].

ED 10 ( 10 percent effective dose): Estimated dose associated with a 10 percent increase in response over control groups. For HRS purposes, the response considered is cancer. [milligrams toxicant per kilogram body weight per day (mg/kg-day)].

Food and Drug Administration Action Level (FDAAL): Under section 408 of the Federal Food, Drug and Cosmetic Act, as amended, concentration of a poisonous or deleterious substance in human food or animal feed at or above which FDA will take legal action to remove adulterated products from the market. Only FDAALs established for fish and shellfish apply in the HRS.

Half-life: Length of time required for an initial concentration of a substance to be halved as a result of loss through decay. The HRS considers five decay processes for assigning surface water persistence: Biodegradation, hydrolysis, photolysis, radioactive decay, and volatilization. The HRS considers two decay processes for assigning subsurface intrusion degradation: Biodegradation and hydrolysis.

Hazardous substance: CERCLA hazardous substances, pollutants, and contaminants as defined in CERCLA sections 101(14) and 101(33), except where otherwise specifically noted in the HRS.

Hazardous wastestream: Material containing CERCLA hazardous substances (as defined in CERCLA section 101[14]) that was deposited, stored, disposed, or placed in, or that otherwise migrated to, a source.

HRS “factor”: Primary rating elements internal to the HRS.

HRS “factor category”: Set of HRS factors (that is, likelihood of release [or exposure], waste characteristics, targets).

HRS “migration pathways”: HRS ground water, surface water, and air migration pathways.

HRS “pathway”: Set of HRS factor categories combined to produce a score to measure relative risks posed by a site in one of four environmental pathways (that is, ground water, surface water, soil exposure and subsurface intrusion, and air).

HRS “site score”: Composite of the four HRS pathway scores.

Henry's law constant: Measure of the volatility of a substance in a dilute solution of water at equilibrium. It is the ratio of the vapor pressure exerted by a substance in the gas phase over a dilute aqueous solution of that substance to its concentration in the solution at a given temperature. For HRS purposes, use the value reported at or near 25 °C. [atmosphere-cubic meters per mole (atm-m

3 /mol)].

Hydrolysis: Chemical reaction of a substance with water.

Indoor air: The air present within a structure.

Inhalation Unit Risk (IUR): The upper-bound excess lifetime cancer risk estimated to result from continuous exposure to an agent ( i.e., hazardous substance) at a concentration of 1µg/m

3 in air.

Karst: Terrain with characteristics of relief and drainage arising from a high degree of rock solubility in natural waters. The majority of karst occurs in limestones, but karst may also form in dolomite, gypsum, and salt deposits. Features associated with karst terrains typically include irregular topography, sinkholes, vertical shafts, abrupt ridges, caverns, abundant springs, and/or disappearing streams. Karst aquifers are associated with karst terrain.

LC 50 ( lethal concentration, 50 percent ): Concentration of a substance in air [typically micrograms per cubic meter (µg/m

3 )] or water [typically micrograms per liter (µg/l)] that kills 50 percent of a group of exposed organisms. The LC 50 is used in the HRS in assessing acute toxicity.

LD 50 ( lethal dose, 50 percent ): Dose of a substance that kills 50 percent of a group of exposed organisms. The LD 50 is used in the HRS in assessing acute toxicity [milligrams toxicant per kilogram body weight (mg/kg)].

Maximum Contaminant Level (MCL): Under section 1412 of the Safe Drinking Water Act, as amended, the maximum permissible concentration of a substance in water that is delivered to any user of a public water supply.

Maximum Contaminant Level Goal (MCLG): Under section 1412 of the Safe Drinking Water Act, as amended, a nonenforceable concentration for a substance in drinking water that is protective of adverse human health effects and allows an adequate margin of safety.

Method Detection Limit (MDL): Lowest concentration of analyte that a method can detect reliably in either a sample or blank.

Mixed radioactive and other hazardous substances: Material containing both radioactive hazardous substances and nonradioactive hazardous substances, regardless of whether these types of substances are physically separated, combined chemically, or simply mixed together.

National Ambient Air Quality Standards (NAAQS): Primary standards for air quality established under sections 108 and 109 of the Clean Air Act, as amended.

National Emission Standards for Hazardous Air Pollutants (NESHAPs): Standards established for substances listed under section 112 of the Clean Air Act, as amended. Only those NESHAPs promulgated in ambient concentration units apply in the HRS.

Non-Aqueous Phase Liquid (NAPL): Contaminants and substances that are water-immiscible liquids composed of constituents with varying degrees of water solubility.

Octanol-water partition coefficient (K ow [ or P ]): Measure of the extent of partitioning of a substance between water and octanol at equilibrium. The K ow is determined by the ratio between the concentration in octanol divided by the concentration in water at equilibrium. [unitless].

Organic carbon partition coefficient (K oc ): Measure of the extent of partitioning of a substance, at equilibrium, between organic carbon in geologic materials and water. The higher the K oc , the more likely a substance is to bind to geologic materials than to remain in water. [ml/g].

Photolysis: Chemical reaction of a substance caused by direct absorption of solar energy (direct photolysis) or caused by other substances that absorb solar energy (indirect photolysis).

Preferential subsurface intrusion pathways: Subsurface features such as animal burrows, cracks in walls, spaces around utility lines, or drains through which a hazardous substance moves more easily into a regularly occupied structure.

Radiation: Particles (alpha, beta, neutrons) or photons (x- and gamma-rays) emitted by radionuclides.

Radioactive decay: Process of spontaneous nuclear transformation, whereby an isotope of one element is transformed into an isotope of another element, releasing excess energy in the form of radiation.

Radioactive half-life: Time required for one-half the atoms in a given quantity of a specific radionuclide to undergo radioactive decay.

Radioactive substance: Solid, liquid, or gas containing atoms of a single radionuclide or multiple radionuclides.

Radioactivity: Property of those isotopes of elements that exhibit radioactive decay and emit radiation.

Radionuclide/radioisotope: Isotope of an element exhibiting radioactivity. For HRS purposes, “radionuclide” and “radioisotope” are used synonymously.

Reference concentration (RfC): An estimate of a continuous inhalation exposure to the human population that is likely to be without an appreciable risk of deleterious effects during a lifetime.

Reference dose (RfD): An estimate of a daily oral exposure to the human population that is likely to be without an appreciable risk of deleterious effects during a lifetime.

Regularly occupied structures: Structures with enclosed air space, where people either reside, attend school or day care, or work on a regular basis, or that were previously occupied but vacated due to a site-related hazardous substance(s). This also includes resource structures ( e.g., library, church, tribal structure).

Removal action: Action that removes hazardous substances from the site for proper disposal or destruction in a facility permitted under the Resource Conservation and Recovery Act or the Toxic Substances Control Act or by the Nuclear Regulatory Commission.

Roentgen (R): Measure of external exposures to ionizing radiation. One roentgen equals that amount of x-ray or gamma radiation required to produce ions carrying a charge of 1 electrostatic unit (esu) in 1 cubic centimeter of dry air under standard conditions. One microroentgen (µR) equals 10 −6 R.

Sample quantitation limit (SQL): Quantity of a substance that can be reasonably quantified given the limits of detection for the methods of analysis and sample characteristics that may affect quantitation (for example, dilution, concentration).

Screening concentration: Media-specific benchmark concentration for a hazardous substance that is used in the HRS for comparison with the concentration of that hazardous substance in a sample from that media. The screening concentration for a specific hazardous substance corresponds to its reference concentration for inhalation exposures or reference dose for oral exposures, as appropriate, and, if the substance is a human carcinogen with either a weight-of-evidence classification of A, B, or C, or a weight-of-evidence classification of carcinogenic to humans, likely to be carcinogenic to humans or suggestive evidence of carcinogenic potential, to that concentration that corresponds to its 10 −6 individual lifetime excess cancer risk for inhalation exposures or for oral exposures, as appropriate.

Shallow ground water: The uppermost saturated zone, typically unconfined.

Site: Area(s) where a hazardous substance has been deposited, stored, disposed, or placed, or has otherwise come to be located. Such areas may include multiple sources and may include the area between sources.

Slope factor (also referred to as cancer potency factor): Estimate of the probability of response (for example, cancer) per unit intake of a substance over a lifetime. The slope factor is typically used to estimate upper-bound probability of an individual developing cancer as a result of exposure to a particular level of a human carcinogen with either a weight-of-evidence classification of A, B, or C, or a weight-of-evidence classification of carcinogenic to humans, likely to be carcinogenic to humans or having suggestive evidence of carcinogenic potential. [(mg/kg-day) −1 for non-radioactive substances and (pCi) −1 for radioactive substances].

Soil gas: The gaseous elements and compounds in the small spaces between particles of soil.

Soil porosity: The degree to which the total volume of soil is permeated with pores or cavities through which fluids (including air or gas) can move. It is typically calculated as the ratio of the pore spaces within the soil to the overall volume of the soil.

Source: Any area where a hazardous substance has been deposited, stored, disposed, or placed, plus those soils that have become contaminated from migration of a hazardous substance. Sources do not include those volumes of air, ground water, surface water, or surface water sediments that have become contaminated by migration, except: In the case of either a ground water plume with no identified source or contaminated surface water sediments with no identified source, the plume or contaminated sediments may be considered a source.

Subslab: The area immediately beneath a regularly occupied structure with a basement foundation or a slab-on-grade foundation. Subslab samples are collected to determine the concentration of hazardous substances in the soil gas beneath a home or building.

Subsurface intrusion: The migration of hazardous substances from the unsaturated zone and/or ground water into overlying structures.

Target distance limit: Maximum distance over which targets for the site are evaluated. The target distance limit varies by HRS pathway.

Unit risk: The upper-bound excess lifetime cancer risk estimated to result from continuous exposure to an agent ( i.e., hazardous substance) at a concentration of 1 µg/L in water, or 1 µg/m

3 in air.

Unsaturated zone: The portion of subsurface between the land surface and the zone of saturation. It extends from the ground surface to the top of the shallowest ground water table (excluding localized or perched water).

Uranium Mill Tailings Radiation Control Act (UMTRCA) Standards: Standards for radionuclides established under sections 102, 104, and 108 of the Uranium Mill Tailings Radiation Control Act, as amended.

Vapor pressure: Pressure exerted by the vapor of a substance when it is in equilibrium with its solid or liquid form at a given temperature. For HRS purposes, use the value reported at or near 25 °C. [atmosphere or torr].

Volatilization: Physical transfer process through which a substance undergoes a change of state from a solid or liquid to a gas.

Water solubility: Maximum concentration of a substance in pure water at a given temperature. For HRS purposes, use the value reported at or near 25 °C. [milligrams per liter (mg/l)].

Weight-of-evidence: EPA classification system for characterizing the evidence supporting the designation of a substance as a human carcinogen. The EPA weight-of-evidence, depending on the date EPA updated the profile, includes either the groupings:

• Group A: Human carcinogen—sufficient evidence of carcinogenicity in humans.

• Group B1: Probable human carcinogen—limited evidence of carcinogenicity in humans.

• Group B2: Probable human carcinogen—sufficient evidence of carcinogenicity in animals.

• Group C: Possible human carcinogen—limited evidence of carcinogenicity in animals.

• Group D: Not classifiable as to human carcinogenicity—applicable when there is no animal evidence, or when human or animal evidence is inadequate.

• Group E: Evidence of noncarcinogenicity for humans.

Or the descriptors:

• Carcinogenic to humans.

• Likely to be carcinogenic to humans.

• Suggestive evidence of carcinogenic potential.

• Inadequate information to assess carcinogenic potential.

• Not likely to be carcinogenic to humans.

2.0 Evaluations Common to Multiple Pathways

2.1 Overview. The HRS site score (S) is the result of an evaluation of four pathways:

• Ground Water Migration (S gw ).

• Surface Water Migration (S sw ).

• Soil Exposure and Subsurface Intrusion (S sessi ).

• Air Migration (S a ).

The ground water and air migration pathways use single threat evaluations, while the surface water migration and soil exposure and subsurface intrusion pathways use multiple threat evaluations. Three threats are evaluated for the surface water migration pathway: Drinking water, human food chain, and environmental. These threats are evaluated for two separate migration components—overland/flood migration and ground water to surface water migration. Two components are evaluated for the soil exposure and subsurface intrusion pathway: Soil exposure and subsurface intrusion. The soil exposure component evaluates two threats: Resident population and nearby population, and the subsurface intrusion component is a single threat evaluation.

The HRS is structured to provide a parallel evaluation for each of these pathways, components, and threats. This section focuses on these parallel evaluations, starting with the calculation of the HRS site score and the individual pathway scores.

2.1.1 Calculation of HRS site score. Scores are first calculated for the individual pathways as specified in sections 2 through 7 and then are combined for the site using the following root-mean-square equation to determine the overall HRS site score, which ranges from 0 to 100:

2.1.2 Calculation of pathway score. Table 2-1, which is based on the air migration pathway, illustrates the basic parameters used to calculate a pathway score. As Table 2-1 shows, each pathway (component or threat) score is the product of three “factor categories”: Likelihood of release, waste characteristics, and targets. (The soil exposure and subsurface intrusion pathway uses likelihood of exposure rather than likelihood of release.) Each of the three factor categories contains a set of factors that are assigned numerical values and combined as specified in sections 2 through 7. The factor values are rounded to the nearest integer, except where otherwise noted.

2.1.3 Common evaluations. Evaluations common to all four HRS pathways include:

• Characterizing sources.

—Identifying sources (and, for the soil exposure and subsurface intrusion pathway, areas of observed contamination, areas of observed exposure and/or areas of subsurface contamination [see sections 5.1.0 and 5.2.0]).

—Identifying hazardous substances associated with each source (or area of observed contamination, or observed exposure, or subsurface contamination).

—Identifying hazardous substances available to a pathway.

Table 2-1—Sample Pathway Scoresheet

Factor category

Maximum value

Value assigned

Likelihood of Release

1. Observed Release

550

2. Potential to Release

500

3. Likelihood of Release (higher of lines 1 and 2)

550

Waste Characteristics

4. Toxicity/Mobility

( a )

5. Hazardous Waste Quantity

( a )

6. Waste Characteristics

100

Targets

7. Nearest Individual

7a. Level I

50

7b. Level II

45

7c. Potential Contamination

20

7d. Nearest Individual (higher of lines 7a, 7b, or 7c)

50

8. Population

( b )

8a. Level I

( b )

8b. Level II

( b )

8c. Potential Contamination

( b )

8d. Total Population (lines 8a+8b+8c)

9. Resources

5

10. Sensitive Environments

( b )

10a. Actual Contamination

( b )

10b. Potential Environments

( b )

10c. Sensitive Environments (lines 10a+10b)

( b )

11. Targets (lines 7d+8d+9+10c)

( b )

12. Pathway Score is the product of Likelihood of Release, Waste Characteristics, and Targets, divided by 82,500. Pathway scores are limited to a maximum of 100 points

a Maximum value applies to waste characteristics category. The product of lines 4 and 5 is used in Table 2-7 to derive the value for the waste characteristics factor category.

b There is no limit to the human population or sensitive environments factor values. However, the pathway score based solely on sensitive environments is limited to a maximum of 60 points.

• Scoring likelihood of release (or likelihood of exposure) factor category.

—Scoring observed release (or observed exposure or observed contamination).

—Scoring potential to release when there is no observed release.

• Scoring waste characteristics factor category.

—Evaluating toxicity.

▪ Combining toxicity with mobility, persistence, degradation and/or bioaccumulation (or ecosystem bioaccumulation) potential, as appropriate to the pathway (component or threat).

▪ Evaluating hazardous waste quantity.

—Combining hazardous waste quantity with the other waste characteristics factors.

▪ Determining waste characteristics factor category value.

• Scoring targets factor category.

—Determining level of contamination for targets.

These evaluations are essentially identical for the three migration pathways (ground water, surface water, and air). However, the evaluations differ in certain respects for the soil exposure and subsurface intrusion pathway.

Section 7 specifies modifications that apply to each pathway when evaluating sites containing radioactive substances.

Section 2 focuses on evaluations common at the pathway, component, and threat levels. Note that for the ground water and surface water migration pathways, separate scores are calculated for each aquifer (see section 3.0) and each watershed (see sections 4.1.1.3 and 4.2.1.5) when determining the pathway scores for a site. Although the evaluations in section 2 do not vary when different aquifers or watersheds are scored at a site, the specific factor values (for example, observed release, hazardous waste quantity, toxicity/mobility) that result from these evaluations can vary by aquifer and by watershed at the site. This can occur through differences both in the specific sources and targets eligible to be evaluated for each aquifer and watershed and in whether observed releases can be established for each aquifer and watershed. Such differences in scoring at the aquifer and watershed level are addressed in sections 3 and 4, not section 2.

2.2 Characterize sources. Source characterization includes identification of the following:

• Sources (and areas of observed contamination, areas of observed exposure, or areas of subsurface contamination) at the site.

• Hazardous substances associated with these sources (or areas of observed contamination, areas of observed exposure, or areas of subsurface contamination).

• Pathways potentially threatened by these hazardous substances.

Table 2-2 presents a sample worksheet for source characterization.

2.2.1 Identify sources. For the three migration pathways, identify the sources at the site that contain hazardous substances. Identify the migration pathway(s) to which each source applies. For the soil exposure and subsurface intrusion pathway, identify areas of observed contamination, areas of observed exposure, and/or areas of subsurface contamination at the site (see sections 5.1.0 and 5.2.0).

Table 2-2—Sample Source Characterization Worksheet

Source: ____

A. Source dimensions and hazardous waste quantity.

Hazardous constituent quantity: ____

Hazardous wastestream quantity: ____

Volume: ____

Area: ____

Area of observed contamination: ____

Area of observed exposure: ____

Area of subsurface contamination: ____

B. Hazardous substances associated with the source.

Hazardous substance

Available to pathway

Air

Ground Water (GW)

Surface Water (SW)

Soil Exposure/Subsurface Intrusion (SESSI)

Gas

Particulate

Overland/flood

GW to SW

Soil exposure

Subsurface Intrusion

Resident

Nearby

Area of observed exposure

Area of subsurface contamination

2.2.2 Identify hazardous substances associated with a source. For each of the three migration pathways, consider those hazardous substances documented in a source (for example, by sampling, labels, manifests, oral or written statements) to be associated with that source when evaluating each pathway. In some instances, a hazardous substance can be documented as being present at a site (for example, by labels, manifests, oral or written statements), but the specific source(s) containing that hazardous substance cannot be documented. For the three migration pathways, in those instances when the specific source(s) cannot be documented for a hazardous substance, consider the hazardous substance to be present in each source at the site, except sources for which definitive information indicates that the hazardous substance was not or could not be present.

For an area of observed contamination in the soil exposure component of the soil exposure and subsurface intrusion pathway, consider only those hazardous substances that meet the criteria for observed contamination for that area (see section 5.1.0) to be associated with that area when evaluating the pathway.

For an area of observed exposure or area of subsurface contamination (see section 5.2.0) in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, consider only those hazardous substances that:

• Meet the criteria for observed exposure, or

• Meet the criteria for observed release in an area of subsurface contamination and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol, or

• Meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol.

2.2.3 Identify hazardous substances available to a pathway. In evaluating each migration pathway, consider the following hazardous substances available to migrate from the sources at the site to the pathway:

• Ground water migration.

—Hazardous substances that meet the criteria for an observed release (see section 2.3) to ground water.

—All hazardous substances associated with a source with a ground water containment factor value greater than 0 (see section 3.1.2.1).

• Surface water migration—overland/flood component.

—Hazardous substances that meet the criteria for an observed release to surface water in the watershed being evaluated.

—All hazardous substances associated with a source with a surface water containment factor value greater than 0 for the watershed (see sections 4.1.2.1.2.1.1 and 4.1.2.1.2.2.1).

• Surface water migration—ground water to surface water component.

—Hazardous substances that meet the criteria for an observed release to ground water.

—All hazardous substances associated with a source with a ground water containment factor value greater than 0 (see sections 4.2.2.1.2 and 3.1.2.1).

• Air migration.

—Hazardous substances that meet the criteria for an observed release to the atmosphere.

—All gaseous hazardous substances associated with a source with a gas containment factor value greater than 0 (see section 6.1.2.1.1).

—All particulate hazardous substances associated with a source with a particulate containment factor value greater than 0 (see section 6.1.2.2.1).

• For each migration pathway, in those instances when the specific source(s) containing the hazardous substance cannot be documented, consider that hazardous substance to be available to migrate to the pathway when it can be associated (see section 2.2.2) with at least one source having a containment factor value greater than 0 for that pathway.

In evaluating the soil exposure and subsurface intrusion pathway, consider the following hazardous substances available to the pathway:

• Soil exposure component—resident population threat.

—All hazardous substances that meet the criteria for observed contamination at the site (see section 5.1.0).

• Soil exposure component—nearby population threat.

—All hazardous substances that meet the criteria for observed contamination at areas with an attractiveness/accessibility factor value greater than 0 (see section 5.1.2.1.1).

• Subsurface intrusion component.

—All hazardous substances that meet the criteria for observed exposure at the site (see section 5.2.0).

—All hazardous substances with a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol that meet the criteria for an observed release in an area of subsurface contamination (see section 5.2.0).

—All hazardous substances that meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure (see section 5.2.0).

2.3 Likelihood of release. Likelihood of release is a measure of the likelihood that a waste has been or will be released to the environment. The likelihood of release factor category is assigned the maximum value of 550 for a migration pathway whenever the criteria for an observed release are met for that pathway. If the criteria for an observed release are met, do not evaluate potential to release for that pathway. When the criteria for an observed release are not met, evaluate potential to release for that pathway, with a maximum value of 500. The evaluation of potential to release varies by migration pathway (see sections 3, 4 and 6).

Establish an observed release either by direct observation of the release of a hazardous substance into the media being evaluated (for example, surface water) or by chemical analysis of samples appropriate to the pathway being evaluated (see sections 3, 4 and 6). The minimum standard to establish an observed release by chemical analysis is analytical evidence of a hazardous substance in the media significantly above the background level. Further, some portion of the release must be attributable to the site. Use the criteria in Table 2-3 as the standard for determining analytical significance. (The criteria in Table 2-3 are also used in establishing observed contamination for the soil exposure component and for establishing areas of observed exposure and areas of subsurface contamination in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, see section 5.1.0 and section 5.2.0). Separate criteria apply to radionuclides (see section 7.1.1).

Table 2-3—Observed Release Criteria for Chemical Analysis

Sample Measurement < Sample Quantitation Limit. a

No observed release is established.

Sample Measurement ≥ Sample Quantitation Limit. a

An observed release is established as follows:

• If the background concentration is not detected (or is less than the detection limit), an observed release is established when the sample measurement equals or exceeds the sample quantitation limit. a

• If the background concentration equals or exceeds the detection limit, an observed release is established when the sample measurement is 3 times or more above the background concentration.

a If the sample quantitation limit (SQL) cannot be established, determine if there is an observed release as follows:

—If the sample analysis was performed under the EPA Contract Laboratory Program, use the EPA contract-required quantitation limit (CRQL) in place of the SQL.

—If the sample analysis is not performed under the EPA Contract Laboratory Program, use the detection limit (DL) in place of the SQL.

2.4 Waste characteristics. The waste characteristics factor category includes the following factors: Hazardous waste quantity, toxicity, and as appropriate to the pathway or threat being evaluated, mobility, persistence, degradation, and/or bioaccumulation (or ecosystem bioaccumulation) potential.

2.4.1 Selection of substance potentially posing greatest hazard. For all pathways (components and threats), select the hazardous substance potentially posing the greatest hazard for the pathway (component or threat) and use that substance in evaluating the waste characteristics category of the pathway (component or threat). For the three migration pathways (and threats), base the selection of this hazardous substance on the toxicity factor value for the substance, combined with its mobility, persistence, and/or bioaccumulation (or ecosystem bioaccumulation) potential factor values, as applicable to the migration pathway (or threat). For the soil exposure component of the soil exposure and subsurface intrusion pathway, base the selection on the toxicity factor alone. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, base the selection on the toxicity factor value for the substance, combined with its degradation factor value. Evaluation of the toxicity factor is specified in section 2.4.1.1. Use and evaluation of the mobility, persistence, degradation, and/or bioaccumulation (or ecosystem bioaccumulation) potential factors vary by pathway (component or threat) and are specified under the appropriate pathway (component or threat) section. Section 2.4.1.2 identifies the specific factors that are combined with toxicity in evaluating each pathway (component or threat).

2.4.1.1 Toxicity factor. Evaluate toxicity for those hazardous substances at the site that are available to the pathway being scored. For all pathways and threats, except the surface water environmental threat, evaluate human toxicity as specified below. For the surface water environmental threat, evaluate ecosystem toxicity as specified in section 4.1.4.2.1.1.

Establish human toxicity factor values based on quantitative dose-response parameters for the following three types of toxicity:

• Cancer—Use slope factors (also referred to as cancer potency factors) combined with weight-of-evidence ratings for carcinogenicity for all exposure routes except inhalation. Use inhalation unit risk (IUR) for inhalation exposure. If an inhalation unit risk or a slope factor is not available for a substance, use its ED 10 value to estimate a slope factor as follows:

• Noncancer toxicological responses of chronic exposure—use reference dose (RfD) or reference concentration (RfC) values as applicable.

• Noncancer toxicological responses of acute exposure—use acute toxicity parameters, such as the LD 50 .

Assign human toxicity factor values to a hazardous substance using Table 2-4, as follows:

• If RfD/RfC and slope factor/inhalation unit risk values are available for the hazardous substance, assign the substance a value from Table 2-4 for each. Select the higher of the two values assigned and use it as the overall toxicity factor value for the hazardous substance.

• If either an RfD/RfC or slope factor/inhalation unit risk value is available, but not both, assign the hazardous substance an overall toxicity factor value from Table 2-4 based solely on the available value (RfD/RfC or slope factor/inhalation unit risk).

• If neither an RfD/RfC nor slope factor/inhalation unit risk value is available, assign the hazardous substance an overall toxicity factor value from Table 2-4 based solely on acute toxicity. That is, consider acute toxicity in Table 2-4 only when both RfD/RfC and slope factor/IUR values are not available.

• If neither an RfD/RfC, nor slope factor/inhalation unit risk, nor acute toxicity value is available, assign the hazardous substance an overall toxicity factor value of 0 and use other hazardous substances for which information is available in evaluating the pathway.

Table 2-4—Toxicity Factor Evaluation

Assigned value

Chronic Toxicity (Human)

Reference dose (RfD) (mg/kg-day):

RfD < 0.0005

10,000

0.0005 ≤ RfD < 0.005

1,000

0.005 ≤ RfD < 0.05

100

0.05 ≤ RfD < 0.5

10

0.5 ≤ RfD

1

RfD not available

0

Reference concentration (RfC) (mg/m 3 ):

RfC < 0.0001

10,000

0.0001 ≤ RfC < 0.006

1,000

0.006 ≤ RfC < 0.2

100

0.2 ≤ RfC < 2.0

10

2.0 ≤ RfC

1

RfC not available

0

Carcinogenicity (human)

A or Carcinogenic to humans

B or Likely to be carcinogenic to humans

C or Suggestive evidence of carcinogenic potential

Assigned value

Weight-of-evidence a /Slope factor (mg/kg-day) −1

0.5 ≤ SF b

5 ≤ SF

50 ≤ SF

10,000

0.05 ≤ SF < 0.5

0.5 ≤ SF < 5

5 ≤ SF < 50

1,000

SF < 0.05

0.05 ≤ SF < 0.5

0.5 ≤ SF < 5

100

SF < 0.05

SF < 0.5

10

Slope factor not available

Slope factor not available

Slope factor not available

0

Weight-of-evidence a /Inhalation unit risk (µg/m 3 )

0.00004 ≤ IUR c

0.0004 ≤ IUR

0.004 ≤ IUR

10,000

0.00001 ≤ IUR < 0.00004

0.0001 ≤ IUR < 0.0004

0.001 ≤ IUR < 0.004

1,000

IUR < 0.00001

0.00001 ≤ IUR < 0.0001

0.0001 ≤ IUR < 0.001

100

< 0.00001

IUR < 0.0001

10

Inhalation unit risk not available

Inhalation unit risk not available

Inhalation unit risk not available

0

a A, B, and C, as well as Carcinogenic to humans, Likely to be carcinogenic to humans, and Suggestive evidence of carcinogenic potential refer to weight-of-evidence categories. Assign substances with a weight-of-evidence category of D (inadequate evidence of carcinogenicity) or E (evidence of lack of carcinogenicity), as well as inadequate information to assess carcinogenic potential and not likely to be carcinogenic to humans a value of 0 for carcinogenicity.

b SF = Slope factor.

c IUR = Inhalation Unit Risk.

Acute Toxicity (human)

Oral LD 50 (mg/kg)

Dermal LD 50 (mg/kg)

Dust or mist LC 50 (mg/l)

Gas or vapor LC 50 (ppm)

Assigned value

LD 50 < 5

LD 50 < 2

LC 50 < 0.2

LC 50 < 20

1,000

5 ≤ LD 50 < 50

2 ≤ LD 50 < 20

0.2 ≤ LC 50 < 2

20 ≤ LC 50 <200

100

50 ≤ LD 50 < 500

20 ≤ LD 50 < 200

2 ≤ LC 50 <20

200 ≤ LC 50 <2,000

10

500 ≤ LD 50

200 ≤ LD 50

20 ≤ LC 50

2,000 ≤ LC 50

1

LD 50 not available

LD 50 not available

LC 50 not available

LC 50 not available

0

If a toxicity factor value of 0 is assigned to all hazardous substances available to a particular pathway (that is, insufficient toxicity data are available for evaluating all the substances), use a default value of 100 as the overall human toxicity factor value for all hazardous substances available to the pathway. For hazardous substances having usable toxicity data for multiple exposure routes (for example, inhalation and ingestion), consider all exposure routes and use the highest assigned value, regardless of exposure route, as the toxicity factor value. For HRS purposes, assign both asbestos and lead (and its compounds) a human toxicity factor value of 10,000.

Separate criteria apply for assigning factor values for human toxicity and ecosystem toxicity for radionuclides (see sections 7.2.1 and 7.2.2).

2.4.1.2 Hazardous substance selection. For each hazardous substance evaluated for a migration pathway (or threat), combine the human toxicity factor value (or ecosystem toxicity factor value) for the hazardous substance with a mobility, persistence, and/or bioaccumulation (or ecosystem bioaccumulation) potential factor value as follows:

• Ground water migration.

—Determine a combined human toxicity/mobility factor value for the hazardous substance (see section 3.2.1).

• Surface water migration—overland/flood migration component.

—Determine a combined human toxicity/persistence factor value for the hazardous substance for the drinking water threat (see section 4.1.2.2.1).

—Determine a combined human toxicity/persistence/bioaccumulation factor value for the hazardous substance for the human food chain threat (see section 4.1.3.2.1).

—Determine a combined ecosystem toxicity/persistence/bioaccumulation factor value for the hazardous substance for the environmental threat (see section 4.1.4.2.1).

• Surface water migration—ground water to surface water migration component.

—Determine a combined human toxicity/mobility/persistence factor value for the hazardous substance for the drinking water threat (see section 4.2.2.2.1).

—Determine a combined human toxicity/mobility/persistence/bioaccumulation factor value for the hazardous substance for the human food chain threat (see section 4.2.3.2.1).

—Determine a combined ecosystem toxicity/mobility/persistence/bioaccumulation factor value for the hazardous substance for the environmental threat (see section 4.2.4.2.1).

• Air migration.

—Determine a combined human toxicity/mobility factor value for the hazardous substance (see section 6.2.1).

Determine each combined factor value for a hazardous substance by multiplying the individual factor values appropriate to the pathway (or threat). For each migration pathway (or threat) being evaluated, select the hazardous substance with the highest combined factor value and use that substance in evaluating the waste characteristics factor category of the pathway (or threat).

For the soil exposure and subsurface intrusion pathway, determine toxicity and toxicity/degradation factor values as follows:

• Soil exposure and subsurface intrusion—soil exposure component.

—Select the hazardous substance with the highest human toxicity factor value from among the substances that meet the criteria for observed contamination for the threat evaluated and use that substance in evaluating the waste characteristics factor category (see section 5.1.1.2.1).

• Soil exposure and subsurface intrusion—subsurface intrusion component.

—Determine a combined human toxicity/degradation factor value for each hazardous substance being evaluated that:

▪ Meets the criteria for observed exposure, or

▪ Meets the criteria for observed release in an area of subsurface contamination and has a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 atm-m

3 /mol, or

▪ Meets the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and has a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 atm-m

3 /mol.

—Select the hazardous substance with the highest combined factor value and use that substance in evaluating the waste characteristics factor category (see sections 5.2.1.2.1 and 5.2.1.2).

2.4.2 Hazardous waste quantity. Evaluate the hazardous waste quantity factor by first assigning each source (or area of observed contamination, area of observed exposure, or area of subsurface contamination) a source hazardous waste quantity value as specified below. Sum these values to obtain the hazardous waste quantity factor value for the pathway being evaluated.

In evaluating the hazardous waste quantity factor for the three migration pathways, allocate hazardous substances and hazardous wastestreams to specific sources in the manner specified in section 2.2.2, except: Consider hazardous substances and hazardous wastestreams that cannot be allocated to any specific source to constitute a separate “unallocated source” for purposes of evaluating only this factor for the three migration pathways. Do not, however, include a hazardous substance or hazardous wastestream in the unallocated source for a migration pathway if there is definitive information indicating that the substance or wastestream could only have been placed in sources with a containment factor value of 0 for that migration pathway.

In evaluating the hazardous waste quantity factor for the soil exposure component of the soil exposure and subsurface intrusion pathway, allocate to each area of observed contamination only those hazardous substances that meet the criteria for observed contamination for that area of observed contamination and only those hazardous wastestreams that contain hazardous substances that meet the criteria for observed contamination for that area of observed contamination. Do not consider other hazardous substances or hazardous wastestreams at the site in evaluating this factor for the soil exposure component of the soil exposure and subsurface intrusion pathway.

In evaluating the hazardous waste quantity factor for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, allocate to each area of observed exposure or area of subsurface contamination only those hazardous substances and hazardous wastestreams that contain hazardous substances that:

• Meet the criteria for observed exposure, or

• Meet the criteria for observed release in an area of subsurface contamination and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 atm-m

3 /mol, or

• Meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −5 atm-m

3 /mol.

Do not consider other hazardous substances or hazardous wastestreams at the site in evaluating this factor for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway. When determining the hazardous waste quantity for multi-subunit structures, use the procedures identified in section 5.2.1.2.2.

2.4.2.1 Source hazardous waste quantity. For each of the three migration pathways, assign a source hazardous waste quantity value to each source (including the unallocated source) having a containment factor value greater than 0 for the pathway being evaluated. Consider the unallocated source to have a containment factor value greater than 0 for each migration pathway.

For the soil exposure component of the soil exposure and subsurface intrusion pathway, assign a source hazardous waste quantity value to each area of observed contamination, as applicable to the threat being evaluated.

For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, assign a source hazardous waste quantity value to each regularly occupied structure within an area of observed exposure or an area of subsurface contamination that has a structure containment factor value greater than 0. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion into a regularly occupied structure located within an area of subsurface contamination, that structure can be excluded from the area of subsurface contamination.

For determining all hazardous waste quantity calculations except for an unallocated source or an area of subsurface contamination, evaluate using the following four measures in the following hierarchy:

• Hazardous constituent quantity.

• Hazardous wastestream quantity.

• Volume.

• Area.

For the unallocated source, use only the first two measures. For an area of subsurface contamination, evaluate non-radioactive hazardous substances using only the last two measures and evaluate radioactive hazardous substances using hazardous wastestream quantity only. See also section 7.0 regarding the evaluation of radioactive substances.

Separate criteria apply for assigning a source hazardous waste quantity value for radionuclides (see section 7.2.5).

2.4.2.1.1 Hazardous constituent quantity. Evaluate hazardous constituent quantity for the source (or area of observed contamination) based solely on the mass of CERCLA hazardous substances (as defined in CERCLA section 101(14), as amended) allocated to the source (or area of observed contamination), except:

• For a hazardous waste listed pursuant to section 3001 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq., determine its mass for the evaluation of this measure as follows:

—If the hazardous waste is listed solely for Hazard Code T (toxic waste), include only the mass of constituents in the hazardous waste that are CERCLA hazardous substances and not the mass of the entire hazardous waste.

—If the hazardous waste is listed for any other Hazard Code (including T plus any other Hazard Code), include the mass of the entire hazardous waste.

• For a RCRA hazardous waste that exhibits the characteristics identified under section 3001 of RCRA, as amended, determine its mass for the evaluation of this measure as follows:

—If the hazardous waste exhibits only the characteristic of toxicity (or only the characteristic of EP toxicity), include only the mass of constituents in the hazardous waste that are CERCLA hazardous substances and not the mass of the entire hazardous waste.

—If the hazardous waste exhibits any other characteristic identified under section 3001 (including any other characteristic plus the characteristic of toxicity [or the characteristic of EP toxicity]), include the mass of the entire hazardous waste.

Based on this mass, designated as C, assign a value for hazardous constituent quantity as follows:

• For the migration pathways, assign the source a value for hazardous constituent quantity using the Tier A equation of Table 2-5.

• For the soil exposure and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value using the Tier A equation of Table 5-2 (section 5.1.1.2.2).

• For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign the area of observed exposure a value using the Tier A equation of Table 5-19 (section 5.2.1.2.2).

If the hazardous constituent quantity for the source (or area of observed contamination or area of observed exposure) is adequately determined (that is, the total mass of all CERCLA hazardous substances in the source and releases from the source [or in the area of observed contamination or area of observed exposure] is known or is estimated with reasonable confidence), do not evaluate the other three measures discussed below. Instead assign these other three measures a value of 0 for the source (or area of observed contamination or area of observed exposure) and proceed to section 2.4.2.1.5.

If the hazardous constituent quantity is not adequately determined, assign the source (or area of observed contamination or area of observed exposure) a value for hazardous constituent quantity based on the available data and proceed to section 2.4.2.1.2.

Table 2-5—Hazardous Waste Quantity Evaluation Equations

Tier

Measure

Units

Equation for assigning value a

A

Hazardous constituent quantity (C)

lb

C.

B b

Hazardous wastestream quantity (W)

lb

W/5,000.

C b

Volume (V)

Landfill

yd 3

V/2,500.

Surface impoundment

yd 3

V/2.5.

Surface impoundment (buried/backfilled)

yd 3

V/2.5.

Drums c

gallon

V/500.

Tanks and containers other than drums

yd 3

V/2.5.

Contaminated soil

yd 3

V/2,500.

Pile

yd 3

V/2.5.

Other

yd 3

V/2.5.

D b

Area (A)

Landfill

ft 2

A/3,400.

Surface impoundment

ft 2

A/13.

Surface impoundment (buried/backfilled)

ft 2

A/13.

Land treatment

ft 2

A/270.

Pile d

ft 2

A/13.

Contaminated soil

ft 2

A/34,000.

a Do not round to nearest integer.

b Convert volume to mass when necessary: 1 ton = 2,000 pounds = 1 cubic yard = 4 drums = 200 gallons.

c If actual volume of drums is unavailable, assume 1 drum=50 gallons.

d Use land surface area under pile, not surface area of pile.

2.4.2.1.2 Hazardous wastestream quantity. Evaluate hazardous wastestream quantity for the source (or area of observed contamination or area of observed exposure) based on the mass of hazardous wastestreams plus the mass of any additional CERCLA pollutants and contaminants (as defined in CERCLA section 101[33], as amended) that are allocated to the source (or area of observed contamination or area of observed exposure). For a wastestream that consists solely of a hazardous waste listed pursuant to section 3001 of RCRA, as amended or that consists solely of a RCRA hazardous waste that exhibits the characteristics identified under section 3001 of RCRA, as amended, include the mass of that entire hazardous waste in the evaluation of this measure.

Based on this mass, designated as W, assign a value for hazardous wastestream quantity as follows:

• For the migration pathways, assign the source a value for hazardous wastestream quantity using the Tier B equation of Table 2-5.

• For the soil exposure and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value using the Tier B equation of Table 5-2 (section 5.1.1.2.2).

• For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign the area of observed exposure a value using the Tier B equation of Table 5-19 (section 5.2.1.2.2).

Do not evaluate the volume and area measures described below if the source is the unallocated source or if the following condition applies:

• The hazardous wastestream quantity for the source (or area of observed contamination or area of observed exposure) is adequately determined—that is, total mass of all hazardous wastestreams and CERCLA pollutants and contaminants for the source and releases from the source (or for the area of observed contamination) is known or is estimated with reasonable confidence.

If the source is the unallocated source or if this condition applies, assign the volume and area measures a value of 0 for the source (or area of observed contamination) and proceed to section 2.4.2.1.5. Otherwise, assign the source (or area of observed contamination) a value for hazardous wastestream quantity based on the available data and proceed to section 2.4.2.1.3.

2.4.2.1.3 Volume. Evaluate the volume measure using the volume of the source (or the volume of the area of observed contamination, area of observed exposure, or area of subsurface contamination). For the soil exposure and subsurface intrusion pathway, restrict the use of the volume measure to those areas of observed contamination, areas of observed exposure, or areas of subsurface contamination as specified in sections 5.1.1.2.2 and 5.2.1.2.2.

Based on the volume, designated as V, assign a value to the volume measure as follows:

• For the migration pathways, assign the source a value for volume using the appropriate Tier C equation of Table 2-5.

• For the soil exposure and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value for volume using the appropriate Tier C equation of Table 5-2 (section 5.1.1.2.2).

• For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign the value based on the volume of the regularly occupied structures within the area of observed exposure or area of subsurface contamination using the Tier C equation of Table 5-19 (section 5.2.1.2.2).

If the volume of the source (or volume of the area of observed contamination, area of observed exposure, or area of subsurface contamination, if applicable) can be determined, do not evaluate the area measure. Instead, assign the area measure a value of 0 and proceed to section 2.4.2.1.5. If the volume cannot be determined (or is not applicable for the soil exposure and subsurface intrusion pathway), assign the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination) a value of 0 for the volume measure and proceed to section 2.4.2.1.4.

2.4.2.1.4 Area. Evaluate the area measure using the area of the source (or the area of the area of observed contamination, area of observed exposure, or area of subsurface contamination). Based on this area, designated as A, assign a value to the area measure as follows:

• For the migration pathways, assign the source a value for area using the appropriate Tier D equation of Table 2-5.

• For the soil exposure and subsurface intrusion pathway—soil exposure component, assign the area of observed contamination a value for area using the appropriate Tier D equation of Table 5-2 (section 5.1.1.2.2).

• For the soil exposure and subsurface intrusion pathway—subsurface intrusion component, assign a value based on the area of regularly occupied structures within the area of observed exposure or area of subsurface contamination using the Tier D equation of Table 5-19 (section 5.2.1.2.2).

2.4.2.1.5 Calculation of source hazardous waste quantity value. Select the highest of the values assigned to the source (or areas of observed contamination, areas of observed exposure, or areas of subsurface contamination) for the hazardous constituent quantity, hazardous wastestream quantity, volume, and area measures. Assign this value as the source hazardous waste quantity value. Do not round to the nearest integer.

2.4.2.2 Calculation of hazardous waste quantity factor value. Sum the source hazardous waste quantity values assigned to all sources (including the unallocated source) or areas of observed contamination, areas of observed exposure, or areas of subsurface contamination for the pathway being evaluated and round this sum to the nearest integer, except: If the sum is greater than 0, but less than 1, round it to 1. Based on this value, select a hazardous waste quantity factor value for the pathway from Table 2-6.

Table 2-6—Hazardous Waste Quantity Factor Values

Hazardous waste quantity value

Assigned value

0

0

1 a to 100

b 1

Greater than 100 to 10,000

100

Greater than 10,000 to 1,000,000

10,000

Greater than 1,000,000

1,000,000

a If the hazardous waste quantity value is greater than 0, but less than 1, round it to 1 as specified in text.

b For the pathway, if hazardous constituent quantity is not adequately determined, assign a value as specified in the text; do not assign the value of 1.

For a migration pathway, if the hazardous constituent quantity is adequately determined (see section 2.4.2.1.1) for all sources (or all portions of sources and releases remaining after a removal action), assign the value from Table 2-6 as the hazardous waste quantity factor value for the pathway. If the hazardous constituent quantity is not adequately determined for one or more sources (or one or more portions of sources or releases remaining after a removal action) assign a factor value as follows:

• If any target for that migration pathway is subject to Level I or Level II concentrations (see section 2.5), assign either the value from Table 2-6 or a value of 100, whichever is greater, as the hazardous waste quantity factor value for that pathway.

• If none of the targets for that pathway is subject to Level I or Level II concentrations, assign a factor value as follows:

—If there has been no removal action, assign either the value from Table 2-6 or a value of 10, whichever is greater, as the hazardous waste quantity factor value for that pathway.

—If there has been a removal action:

▪ Determine values from Table 2-6 with and without consideration of the removal action.

▪ If the value that would be assigned from Table 2-6 without consideration of the removal action would be 100 or greater, assign either the value from Table 2-6 with consideration of the removal action or a value of 100, whichever is greater, as the hazardous waste quantity factor value for the pathway.

▪ If the value that would be assigned from Table 2-6 without consideration of the removal action would be less than 100, assign a value of 10 as the hazardous waste quantity factor value for the pathway.

For the soil exposure component of the soil exposure and subsurface intrusion pathway, if the hazardous constituent quantity is adequately determined for all areas of observed contamination, assign the value from Table 2-6 as the hazardous waste quantity factor value. If the hazardous constituent quantity is not adequately determined for one or more areas of observed contamination, assign either the value from Table 2-6 or a value of 10, whichever is greater, as the hazardous waste quantity factor value.

For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if the hazardous constituent quantity is adequately determined for all areas of observed exposure, assign the value from Table 2-6 as the hazardous waste quantity factor value. If the hazardous constituent quantity is not adequately determined for one or more areas of observed exposure, assign either the value from Table 2-6 or assign a factor value as follows:

• If any target for the subsurface intrusion component is subject to Level I or Level II concentrations (see section 2.5), assign either the value from Table 2-6 or a value of 100, whichever is greater, as the hazardous waste quantity factor value for this component.

• If none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and if there has been a removal or other temporary response action that does not permanently interrupt target exposure form subsurface intrusion, assign a factor value as follows:

—Determine the values from Table 2-6 with and without consideration of the removal or other temporary response action.

—If the value that would be assigned from Table 2-6 without consideration of the removal or other temporary response action would be 100 or greater, assign either the value from Table 2-6 with consideration of the removal action or a value of 100, whichever is greater, as the hazardous waste quantity factor value for the component.

—If the value that would be assigned from Table 2-6 without consideration of the removal or other temporary response action would be less than 100, assign a value of 10 as the hazardous waste quantity factor value for the component.

• Otherwise, if none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and there has not been a removal action, assign a value from Table 2-6 or a value of 10, whichever is greater.

2.4.3 Waste characteristics factor category value. Determine the waste characteristics factor category value as specified in section 2.4.3.1 for all pathways and threats, except the surface water-human food chain threat and the surface water-environmental threat. Determine the waste characteristics factor category value for these latter two threats as specified in section 2.4.3.2.

2.4.3.1 Factor category value. For the pathway (component or threat) being evaluated, multiply the toxicity or combined factor value, as appropriate, from section 2.4.1.2 and the hazardous waste quantity factor value from section 2.4.2.2, subject to a maximum product of 1x10

8 . Based on this waste characteristics product, assign a waste characteristics factor category value to the pathway (component or threat) from Table 2-7.

Table 2-7—Waste Characteristics Factor Category Values

Waste characteristics product

Assigned value

0

0

Greater than 0 to less than 10

1

10 to less than 1x10 2

2

1x10 2 to less than 1x10 3

3

1x10 3 to less than 1x10 4

6

1x10 4 to less than 1x10 5

10

1x10 5 to less than 1x10 6

18

1x10 6 to less than 1x10 7

32

1x10 7 to less than 1x10 8

56

1x10 8 to less than 1x10 9

100

1x10 9 to less than 1x10 10

180

1x10 10 to less than 1x10 11

320

1x10 11 to less than 1x10 12

560

1x10 12

1,000

2.4.3.2 Factor category value, considering bioaccumulation potential. For the surface water-human food chain threat and the surface water-environmental threat, multiply the toxicity or combined factor value, as appropriate, from section 2.4.1.2 and the hazardous waste quantity factor value from section 2.4.2.2, subject to:

• A maximum product of 1x10

12 , and

• A maximum product exclusive of the bioaccumulation (or ecosystem bioaccumulation) potential factor of 1x10

8 .

Based on the total waste characteristics product, assign a waste characteristics factor category value to these threats from Table 2-7.

2.5 Targets. The types of targets evaluated include the following:

• Individual (factor name varies by pathway, component, and threat).

• Human population.

• Resources (these vary by pathway, component, and threat).

• Sensitive environments (included for the surface water migration pathway, air migration pathway, and soil exposure component of the soil exposure and subsurface intrusion pathway).

The factor values that may be assigned to each type of target have the same range for each pathway for which that type of target is evaluated. The factor value for most types of targets depends on whether the target is subject to actual or potential contamination for the pathway and whether the actual contamination is Level I or Level II:

• Actual contamination: Target is associated either with a sampling location that meets the criteria for an observed release (or observed contamination or observed exposure) for the pathway or with an observed release based on direct observation for the pathway (additional criteria apply for establishing actual contamination for the human food chain threat in the surface water migration pathway, see sections 4.1.3.3 and 4.2.3.3). Sections 3 through 6 specify how to determine the targets associated with a sampling location or with an observed release based on direct observation. Determine whether the actual contamination is Level I or Level II as follows:

—Level I:

▪ Media-specific concentrations for the target meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway and are at or above media-specific benchmark values. These benchmark values (see section 2.5.2) include both screening concentrations and concentrations specified in regulatory limits (such as Maximum Contaminant Level (MCL) values), or

▪ For the human food chain threat in the surface water migration pathway, concentrations in tissue samples from aquatic human food chain organisms are at or above benchmark values. Such tissue samples may be used in addition to media-specific concentrations only as specified in sections 4.1.3.3 and 4.2.3.3.

—Level II:

▪ Media-specific concentrations for the target meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway, but are less than media-specific benchmarks. If none of the hazardous substances eligible to be evaluated for the sampling location has an applicable benchmark, assign Level II to the actual contamination at the sampling location, or

▪ For observed releases or observed exposures based on direct observation, assign Level II to targets as specified in sections 3, 4, 5, and 6, or

▪ For the human food chain threat in the surface water migration pathway, concentrations in tissue samples from aquatic human food chain organisms, when applicable, are below benchmark values.

—If a target is subject to both Level I and Level II concentrations for a pathway (component or threat), evaluate the target using Level I concentrations for that pathway (component or threat).

• Potential contamination: Target is subject to a potential release (that is, target is not associated with actual contamination for that pathway or threat).

Assign a factor value for individual risk as follows (select the highest value that applies to the pathway, component or threat):

• 50 points if any individual is exposed to Level I concentrations.

• 45 points if any individual is exposed to Level II concentrations.

• Maximum of 20 points if any individual is subject to potential contamination. The value assigned is 20 unless reduced by a distance or dilution weight appropriate to the pathway. Assign factor values for population and sensitive environments as follows:

• Sum Level I targets and multiply by 10. (Level I is not used for sensitive environments in the soil exposure component of the soil exposure and subsurface intrusion and air migration pathways.)

• Sum Level II targets.

• Multiply potential targets in all but the soil exposure and subsurface intrusion pathway by distance or dilution weights appropriate to the pathway, sum, and divide by 10. Distance or dilution weighting accounts for diminishing exposure with increasing distance or dilution within the different pathways. For targets within an area of subsurface contamination in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, multiply by a weighting factor as directed in section 5.2.1.3.2.3.

• Sum the values for the three levels.

In addition, resource value points are assigned within all pathways for welfare-related impacts (for example, impacts to agricultural land), but do not depend on whether there is actual or potential contamination.

2.5.1 Determination of level of actual contamination at a sampling location. Determine whether Level I concentrations or Level II concentrations apply at a sampling location (and thus to the associated targets) as follows:

• Select the benchmarks applicable to the pathway (component or threat) being evaluated.

• Compare the concentrations of hazardous substances in the sample (or comparable samples) to their benchmark concentrations for the pathway (component or threat), as specified in section 2.5.2.

• Determine which level applies based on this comparison.

• If none of the hazardous substances eligible to be evaluated for the sampling location has an applicable benchmark, assign Level II to the actual contamination at that sampling location for the pathway (component or threat).

In making the comparison, consider only those samples, and only those hazardous substances in the sample, that meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway, except: Tissue samples from aquatic human food chain organisms may also be used as specified in sections 4.1.3.3 and 4.2.3.3 of the surface water-human food chain threat. If any hazardous substance is present in more than one comparable sample for the sampling location, use the highest concentration of that hazardous substance from any of the comparable samples in making the comparisons.

Treat sets of samples that are not comparable separately and make a separate comparison for each such set.

2.5.2 Comparison to benchmarks. Use the following media-specific benchmarks for making the comparisons for the indicated pathway (or threat):

• Maximum Contaminant Level Goals (MCLGs)—ground water migration pathway and drinking water threat in surface water migration pathway. Use only MCLG values greater than 0.

• Maximum Contaminant Levels (MCLs)—ground water migration pathway and drinking water threat in surface water migration pathway.

• Food and Drug Administration Action Level (FDAAL) for fish or shellfish—human food chain threat in surface water migration pathway.

• EPA Ambient Water Quality Criteria (AWQC/National Recommended Water Quality Criteria) for protection of aquatic life—environmental threat in surface water migration pathway.

• EPA Ambient Aquatic Life Advisory Concentrations (AALAC)—environmental threat in surface water migration pathway.

• National Ambient Air Quality Standards (NAAQS)—air migration pathway.

• National Emission Standards for Hazardous Air Pollutants (NESHAPs)—air migration pathway. Use only those NESHAPs promulgated in ambient concentration units.

• Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 individual cancer risk for inhalation exposures (air migration pathway or subsurface intrusion component of the soil exposure and subsurface intrusion pathway) or for oral exposures (ground water migration pathway; drinking water and human food chain threats in surface water migration pathway; and soil exposure and subsurface intrusion pathway).

• Screening concentration for noncancer toxicological responses corresponding to the RfC for inhalation exposures (air migration pathway and subsurface intrusion component of the soil exposure and subsurface intrusion pathway) or RfD for oral exposures (ground water migration pathway; drinking water and human food chain threats in surface water migration pathway; and soil exposure and subsurface intrusion pathway).

Select the benchmark(s) applicable to the pathway (component or threat) being evaluated as specified in sections 3 through 6. Compare the concentration of each hazardous substance from the sampling location to its benchmark concentration(s) for that pathway (component or threat). Use only those samples and only those hazardous substances in the sample that meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway, except: Tissue samples from aquatic human food chain organisms may be used as specified in sections 4.1.3.3 and 4.2.3.3. If the concentration of any applicable hazardous substance from any sample equals or exceeds its benchmark concentration, consider the sampling location to be subject to Level I concentrations for that pathway (or threat). If more than one benchmark applies to the hazardous substance, assign Level I if the concentration of the hazardous substance equals or exceeds the lowest applicable benchmark concentration.

If no hazardous substance individually equals or exceeds its benchmark concentration, but more than one hazardous substance either meets the criteria for an observed release (or observed contamination or observed exposure) for the sample (or comparable samples) or is eligible to be evaluated for a tissue sample (see sections 4.1.3.3 and 4.2.3.3), calculate the indices I and J specified below based on these hazardous substances.

For those hazardous substances that are carcinogens (that is, those having either a carcinogen weight-of-evidence classification of A, B, or C or a weight-of-evidence classification of carcinogenic to humans, likely to be carcinogenic to humans, or suggestive evidence of carcinogenic potential), calculate an index I for the sample location as follows:

Where:

C i = Concentration of hazardous substance i in sample (or highest concentration of hazardous substance i from among comparable samples).

SC i = Screening concentration for cancer corresponding to that concentration that corresponds to its 10 −6 individual cancer risk for applicable exposure (inhalation or oral) for hazardous substance i.

n = Number of applicable hazardous substances in sample (or comparable samples) that are carcinogens and for which an SC i is available.

For those hazardous substances for which an RfD or RfC is available, calculate an index J for the sample location as follows:

Where:

C j = Concentration of hazardous substance j in sample (or highest concentration of hazardous substance j from among comparable samples).

CR j = Screening concentration for noncancer toxicological responses corresponding to RfD or RfC for applicable exposure (inhalation or oral) for hazardous substance j.

m = Number of applicable hazardous substances in sample (or comparable samples) for which a CR j is available.

If either I or J equals or exceeds 1, consider the sampling location to be subject to Level I concentrations for that pathway (component or threat). If both I and J are less than 1, consider the sampling location to be subject to Level II concentrations for that pathway (component or threat). If, for the sampling location, there are sets of samples that are not comparable, calculate I and J separately for each such set, and use the highest calculated values of I and J to assign Level I and Level II.

See sections 7.3.1 and 7.3.2 for criteria for determining the level of contamination for radioactive substances.

3.0 Ground Water Migration Pathway

Evaluate the ground water migration pathway based on three factor categories: likelihood of release, waste characteristics, and targets. Figure 3-1 indicates the factors included within each factor category.

Determine the ground water migration pathway score (S gw ) in terms of the factor category values as follows:

where:

LR = Likelihood of release factor category value.

WC = Waste characteristics factor category value.

T = Targets factor category value.

SF = Scaling factor.

Table 3-1 outlines the specific calculation procedure.

Calculate a separate ground water migration pathway score for each aquifer, using the factor category values for that aquifer for likelihood of release, waste characteristics, and targets. In doing so, include both the targets using water from that aquifer and the targets using water from all overlying aquifers through which the hazardous substances would migrate to reach the aquifer being evaluated. Assign the highest ground water migration pathway score that results for any aquifer as the ground water migration pathway score for the site.

Table 3-1—Ground Water Migration Pathway Scoresheet

Factor categories and factors

Maximum value

Value assigned

Likelihood of Release to an Aquifer:

1. Observed Release

550

______

2. Potential to Release:

2a. Containment

10

______

2b. Net Precipitation

10

______

2c. Depth to Aquifer

5

______

2d. Travel Time

35

______

2e. Potential to Release [lines 2a(2b + 2c + 2d)]

500

______

3. Likelihood of Release (higher of lines 1 and 2e)

550

______

Waste Characteristics:

4. Toxicity/Mobility

(a)

______

5. Hazardous Waste Quantity

(a)

______

6. Waste Characteristics

100

______

Targets:

7. Nearest Well

50

______

8. Population:

8a. Level I Concentrations

(b)

______

8b. Level II Concentrations

(b)

______

8c. Potential Contamination

(b)

______

8d. Population (lines 8a + 8b + 8c)

(b)

______

9. Resources

5

______

10. Wellhead Protection Area

20

______

11. Targets (lines 7 + 8d + 9 + 10)

(b)

______

Ground Water Migration Score for an Aquifer:

12. Aquifer Score [(lines 3 × 6 × 11) / 82,500] c

100

______

Ground Water Migration Pathway Score:

13. Pathway Score (S gw ), (highest value from line 12 for all aquifers evaluated) c

100

______

a Maximum value applies to waste characteristics category.

b Maximum value not applicable.

c Do not round to nearest integer.

3.0.1 General considerations

3.0.1.1 Ground water target distance limit. The target distance limit defines the maximum distance from the sources at the site over which targets are evaluated. Use a target distance limit of 4 miles for the ground water migration pathway, except when aquifer discontinuities apply (see section 3.0.1.2.2). Furthermore, consider any well with an observed release from a source at the site (see section 3.1.1) to lie within the target distance limit of the site, regardless of the well's distance from the sources at the site.

For sites that consist solely of a contaminated ground water plume with no identified source, begin measuring the 4-mile target distance limit at the center of the area of observed ground water contamination. Determine the area of observed ground water contamination based on available samples that meet the criteria for an observed release.

3.0.1.2 Aquifer boundaries. Combine multiple aquifers into a single hydrologic unit for scoring purposes if aquifer interconnections can be established for these aquifers. In contrast, restrict aquifer boundaries if aquifer discontinuities can be established.

3.0.1.2.1 Aquifer interconnections. Evaluate whether aquifer interconnections occur within 2 miles of the sources at the site. If they occur within this 2-mile distance, combine the aquifers having interconnections in scoring the site. In addition, if observed ground water contamination attributable to the sources at the site extends beyond 2 miles from the sources, use any locations within the limits of this observed ground water contamination in evaluating aquifer interconnections. If data are not adequate to establish aquifer interconnections, evaluate the aquifers as separate aquifers.

3.0.1.2.2 Aquifer discontinuities. Evaluate whether aquifer discontinuities occur within the 4-mile target distance limit. An aquifer discontinuity occurs for scoring purposes only when a geologic, topographic, or other structure or feature entirely transects an aquifer within the 4-mile target distance limit, thereby creating a continuous boundary to ground water flow within this limit. If two or more aquifers can be combined into a single hydrologic unit for scoring purposes, an aquifer discontinuity occurs only when the structure or feature entirely transects the boundaries of this single hydrologic unit.

When an aquifer discontinuity is established within the 4-mile target distance limit, exclude that portion of the aquifer beyond the discontinuity in evaluating the ground water migration pathway. However, if hazardous substances have migrated across an apparent discontinuity within the 4-mile target distance limit, do not consider this to be a discontinuity in scoring the site.

3.0.1.3 Karst aquifer. Give a karst aquifer that underlies any portion of the sources at the site special consideration in the evaluation of two potential to release factors (depth to aquifer in section 3.1.2.3 and travel time in section 3.1.2.4), one waste characteristics factor (mobility in section 3.2.1.2), and two targets factors (nearest well in section 3.3.1 and potential contamination in section 3.3.2.4).

3.1 Likelihood of release. For an aquifer, evaluate the likelihood of release factor category in terms of an observed release factor or a potential to release factor.

3.1.1 Observed release. Establish an observed release to an aquifer by demonstrating that the site has released a hazardous substance to the aquifer. Base this demonstration on either:

• Direct observation—a material that contains one or more hazardous substances has been deposited into or has been observed entering the aquifer.

• Chemical analysis—an analysis of ground water samples from the aquifer indicates that the concentration of hazardous substance(s) has increased significantly above the background concentration for the site (see section 2.3). Some portion of the significant increase must be attributable to the site to establish the observed release, except: when the source itself consists of a ground water plume with no identified source, no separate attribution is required.

If an observed release can be established for the aquifer, assign the aquifer an observed release factor value of 550, enter this value in table 3-1, and proceed to section 3.1.3. If an observed release cannot be established for the aquifer, assign an observed release factor value of 0, enter this value in table 3-1, and proceed to section 3.1.2.

3.1.2 Potential to release. Evaluate potential to release only if an observed release cannot be established for the aquifer. Evaluate potential to release based on four factors: containment, net precipitation, depth to aquifer, and travel time. For sources overlying karst terrain, give any karst aquifer that underlies any portion of the sources at the site special consideration in evaluating depth to aquifer and travel time, as specified in sections 3.1.2.3 and 3.1.2.4.

3.1.2.1 Containment. Assign a containment factor value from table 3-2 to each source at the site. Select the highest containment factor value assigned to those sources with a source hazardous waste quantity value of 0.5 or more (see section 2.4.2.1.5). (Do not include this minimum size requirement in evaluating any other factor of this pathway.) Assign this highest value as the containment factor value for the aquifer being evaluated. Enter this value in Table 3-1.

If no source at the site meets the minimum size requirement, then select the highest value assigned to the sources at the site and assign it as the containment factor value for the aquifer being evaluated. Enter this value in table 3-1.

3.1.2.2 Net precipitation. Assign a net precipitation factor value to the site. Figure 3-2 provides computed net precipitation factor values, based on site location. Where necessary, determine the net precipitation factor value as follows:

• Determine monthly precipitation and monthly evapotranspiration:

-Use local measured monthly averages.

-When local data are not available, use monthly averages from the nearest National Oceanographic and Atmospheric Administration weather station that is in a similar geographic setting.

Table 3-2—Containment Factor Values for Ground Water Migration Pathway

Source

Assigned value

All Sources (Except Surface Impoundments, Land Treatment, Containers, and Tanks)

Evidence of hazardous substance migration from source area ( i.e. , source area includes source and any associated containment structures)

10

No liner

10

No evidence of hazardous substance migration from source area, a liner, and:

(a) None of the following present: (1) maintained engineered cover, or (2) functioning and maintained run-on control system and runoff management system, or (3) functioning leachate collection and removal system immediately above liner

10

(b) Any one of the three items in (a) present

9

(c) Any two of the items in (a) present

7

(d) All three items in (a) present plus a functioning ground water monitoring system

5

(e) All items in (d) present, plus no bulk or non-containerized liquids nor materials containing free liquids deposited in source area

3

No evidence of hazardous substance migration from source area, double liner with functioning leachate collection and removal system above and between liners, functioning ground water monitoring system, and:

(f) Only one of the following deficiencies present in containment: (1) bulk or noncontainerized liquids or materials containing free liquids deposited in source area, or (2) no or nonfunctioning or nonmaintained run-on control system and runoff management system, or (3) no or nonmaintained engineered cover

3

(g) None of the deficiencies in (f) present

0

Source area inside or under maintained intact structure that provides protection from precipitation so that neither runoff nor leachate is generated, liquids or materials containing free liquids not deposited in source area, and functioning and maintained run-on control present

0

Surface Impoundment

Evidence of hazardous substance migration from surface impoundment

10

No liner

10

Free liquids present with either no diking, unsound diking, or diking that is not regularly inspected and maintained

10

No evidence of hazardous substance migration from surface impoundment, free liquids present, sound diking that is regularly inspected and maintained, adequate freeboard, and:

(a) Liner

9

(b) Liner with functioning leachate collection and removal system below liner, and functioning ground water monitoring system

5

(c) Double liner with functioning leachate collection and removal system between liners, and functioning ground water monitoring system

3

No evidence of hazardous substance migration from surface impoundment and all free liquids eliminated at closure (either by removal of liquids or solidification of remaining wastes and waste residues)

Evaluate using All sources criteria (with no bulk or free liquid deposited).

Land Treatment

Evidence of hazardous substance migration from land treatment zone

10

No functioning, maintained, run-on control and runoff management system

10

No evidence of hazardous substance migration from land treatment zone and:

(a) Functioning and maintained run-on control and runoff management system

7

(b) Functioning and maintained run-on control and runoff management system, and vegetative cover established over entire land treatment area

5

(c) Land treatment area maintained in compliance with 40 CFR 264.280

0

Containers

All containers buried

Evaluate using All sources criteria.

Evidence of hazardous substance migration from container area ( i.e. , container area includes containers and any associated containment structures)

10

No liner (or no essentially impervious base) under container area.

10

No diking (or no similar structure) surrounding container area

10

Diking surrounding container area unsound or not regularly inspected and maintained

10

No evidence of hazardous substance migration from container area, container area surrounded by sound diking that is regularly inspected and maintained, and:

(a) Liner (or essentially impervious base) under container area

9

(b) Essentially impervious base under container area with liquids collection and removal system

7

(c) Containment system includes essentially impervious base, liquids collection system, sufficient capacity to contain 10 percent of volume of all containers, and functioning and maintained run-on control; plus functioning ground water monitoring system, and spilled or leaked hazardous substances and accumulated precipitation removed in timely manner to prevent overflow of collection system, at least weekly inspection of containers, hazardous substances in leaking or deteriorating containers transferred to containers in good condition, and containers sealed except when waste is added or removed

5

(d) Free liquids present, containment system has sufficient capacity to hold total volume of all containers and to provide adequate freeboard, single liner under container area with functioning leachate collection and removal system below liner, and functioning ground water monitoring system

5

(e) Same as (d) except: double liner under container area with functioning leachate collection and removal system between liners

3

Containers inside or under maintained intact structure that provides protection from precipitation so that neither runoff nor leachate would be generated from any unsealed or ruptured containers, liquids or materials containing free liquids not deposited in any container, and functioning and maintained run-off control present

0

No evidence of hazardous substance migration from container area, containers leaking, and all free liquids eliminated at closure (either by removal of liquid or solidification of remaining wastes and waste residues)

Evaluate using All sources criteria (with no bulk or free liquid deposited).

Tank

Below-ground tank

Evaluate using All sources criteria.

Evidence of hazardous substance migration from tank area ( i.e. , tank area includes tank, ancillary equipment such as piping, and any associated containment structures)

10

Tank and ancillary equipment not provided with secondary containment (e.g., liner under tank area, vault system, double wall)

10

No diking (or no similar structure) surrounding tank and ancillary equipment

10

Diking surrounding tank and ancillary equipment unsound or not regularly inspected and maintained

10

No evidence of hazardous substance migration from tank area, tank and ancillary equipment surrounded by sound diking that is regularly inspected and maintained, and:

(a) Tank and ancillary equipment provided with secondary containment

9

(b) Tank and ancillary equipment provided with secondary containment with leak detection and collection system

7

(c) Tank and ancillary equipment provided with secondary containment system that detects and collects spilled or leaked hazardous substances and accumulated precipitation and has sufficient capacity to contain 110 percent of volume of largest tank within containment area, spilled or leaked hazardous substances and accumulated precipitation removed in timely manner, at least weekly inspection of tank and secondary containment system, all leaking or unfit-for-use tank systems promptly responded to, and functioning ground water monitoring system

5

(d) Containment system has sufficient capacity to hold volume of all tanks within tank containment area and to provide adequate freeboard, single liner under that containment area with functioning leachate collection and removal system below liner, and functioning ground water monitoring system

5

(e) Same as (d) except: double liner under tank containment area with functioning leachate collection and removal system between liners

3

Tank is above ground, and inside or under maintained intact structure that provides protection from precipitation so that neither runoff nor leachate would be generated from any material released from tank, liquids or materials containing free liquids not deposited in any tank, and functioning and maintained run-on control present

0

-When measured monthly evapotranspiration is not available, calculate monthly potential evapotranspiration (E i ) as follows:

E i = 0.6 F i (10 T i /I)

a

where:

E i = Monthly potential evapotranspiration (inches) for month i.

F i = Monthly latitude adjusting value for month i.

T i = Mean monthly temperature (°C) for month i.

a = 6.75 × 10 −7 I

3 −7.71 × 10 −5 I

2 +

1.79 × 10 −2 I + 0.49239

Select the latitude adjusting value for each month from table 3-3. For latitudes lower than 50° North or 20° South, determine the monthly latitude adjusting value by interpolation.

• Calculate monthly net precipitation by subtracting monthly evapotranspiration (or monthly potential evapotranspiration) from monthly precipitation. If evapotranspiration (or potential evapotranspiration) exceeds precipitation for a month, assign that month a net precipitation value of 0.

• Calculate the annual net precipitation by summing the monthly net precipitation values.

• Based on the annual net precipitation, assign a net precipitation factor value from table 3-4.

Enter the value assigned from Figure 3-2 or from table 3-4, as appropriate, in table 3-1.

Table 3-3—Monthly Latitude Adjusting Values a

Latitude b (degrees)

Month

Jan.

Feb.

March

April

May

June

July

August

Sept.

Oct.

Nov.

Dec.

≥50 N

0.74

0.78

1.02

1.15

1.33

1.36

1.37

1.25

1.06

0.92

0.76

0.70

45 N

0.80

0.81

1.02

1.13

1.28

1.29

1.31

1.21

1.04

0.94

0.79

0.75

40 N

0.84

0.83

1.03

1.11

1.24

1.25

1.27

1.18

1.04

0.96

0.83

0.81

35 N

0.87

0.85

1.03

1.09

1.21

1.21

1.23

1.16

1.03

0.97

0.89

0.85

30 N

0.90

0.87

1.03

1.08

1.18

1.17

1.20

1.14

1.03

0.98

0.89

0.88

20 N

0.95

0.90

1.03

1.05

1.13

1.11

1.14

1.11

1.02

1.00

0.93

0.94

10 N

1.00

0.91

1.03

1.03

1.08

1.06

1.08

1.07

1.02

1.02

0.98

0.99

0

1.04

0.94

1.04

1.01

1.04

1.01

1.04

1.04

1.01

1.04

1.01

1.04

10 S

1.08

0.97

1.05

0.99

1.00

0.96

1.00

1.02

1.00

1.06

1.05

1.09

20 S

1.14

0.99

1.05

0.97

0.96

0.91

0.95

0.99

1.00

1.08

1.09

1.15

a Do not round to nearest integer.

b For unlisted latitudes lower than 50° North or 20° South, determine the latitude adjusting value by interpolation.

Table 3-4—Net Precipitation Factor Values

Net precipitation (inches)

Assigned value

0

0

Greater than 0 to 5

1

Greater than 5 to 15

3

Greater than 15 to 30

6

Greater than 30

10

3.1.2.3 Depth to aquifer. Evaluate depth to aquifer by determining the depth from the lowest known point of hazardous substances at a site to the top of the aquifer being evaluated, considering all layers in that interval. Measure the depth to an aquifer as the distance from the surface to the top of the aquifer minus the distance from the surface to the lowest known point of hazardous substances eligible to be evaluated for that aquifer. In evaluating depth to aquifer in karst terrain, assign a thickness of 0 feet to a karst aquifer that underlies any portion of the sources at the site. Based on the calculated depth, assign a value from table 3-5 to the depth to aquifer factor.

Determine the depth to aquifer only at locations within 2 miles of the sources at the site, except: if observed ground water contamination attributable to sources at the site extends more than 2 miles beyond these sources, use any location within the limits of this observed ground water contamination when evaluating the depth to aquifer factor for any aquifer that does not have an observed release. If the necessary geologic information is available at multiple locations, calculate the depth to aquifer at each location. Use the location having the smallest depth to assign the factor value. Enter this value in table 3-1.

Table 3-5—Depth to Aquifer Factor Values

Depth to aquifer a (feet)

Assigned value

Less than or equal to 25

5

Greater than 25 to 250

3

Greater than 250

1

a Use depth of all layers between the hazardous substances and aquifer. Assign a thickness of 0 feet to any karst aquifer that underlies any portion of the sources at the site.

3.1.2.4 Travel time. Evaluate the travel time factor based on the geologic materials in the interval between the lowest known point of hazardous substances at the site and the top of the aquifer being evaluated. Assign a value to the travel time factor as follows:

• If the depth to aquifer (see section 3.1.2.3) is 10 feet or less, assign a value of 35.

• If, for the interval being evaluated, all layers that underlie a portion of the sources at the site are karst, assign a value of 35.

• Otherwise:

-Select the lowest hydraulic conductivity layer(s) from within the above interval. Consider only layers at least 3 feet thick. However, do not consider layers or portions of layers within the first 10 feet of the depth to the aquifer.

-Determine hydraulic conductivities for individual layers from table 3-6 or from in-situ or laboratory tests. Use representative, measured, hydraulic conductivity values whenever available.

-If more than one layer has the same lowest hydraulic conductivity, include all such layers and sum their thicknesses. Assign a thickness of 0 feet to a karst layer that underlies any portion of the sources at the site.

-Assign a value from table 3-7 to the travel time factor, based on the thickness and hydraulic conductivity of the lowest hydraulic conductivity layer(s).

Table 3-6—Hydraulic Conductivity of Geologic Materials

Type of material

Assigned hydraulic conductivity a (cm/sec)

Clay; low permeability till (compact unfractured till); shale; unfractured metamorphic and igneous rocks

10 −8

Silt; loesses; silty clays; sediments that are predominantly silts; moderately permeable till (fine-grained, unconsolidated till, or compact till with some fractures); low permeability limestones and dolomites (no karst); low permeability sandstone; low permeability fractured igneous and metamorphic rocks

10 −6

Sands; sandy silts; sediments that are predominantly sand; highly permeable till (coarse-grained, unconsolidated or compact and highly fractured); peat; moderately permeable limestones and dolomites (no karst); moderately permeable sandstone; moderately permeable fractured igneous and metamorphic rocks

10 −4

Gravel; clean sand; highly permeable fractured igneous and metamorphic rocks; permeable basalt; karst limestones and dolomites

10 −2

a Do not round to nearest integer.

Table 3-7—Travel Time Factor Values a

Hydraulic conductivity (cm/sec)

Thickness of lowest hydraulic conductivity layer(s) b (feet)

Greater than 3 to 5

Greater than 5 to 100

Greater than 100 to 500

Greater than 500

Greater than or equal to 10 −3

35

35

35

25

Less than 10 −3 to 10 −5

35

25

15

15

Less than 10 −5 to 10 −7

15

15

5

5

Less than 10 −7

5

5

1

1

a If depth to aquifer is 10 feet or less or if, for the interval being evaluated, all layers that underlie a portion of the sources at the site are karst, assign a value of 35.

b Consider only layers at least 3 feet thick. Do not consider layers or portions of layers within the first 10 feet of the depth to the aquifer.

Determine travel time only at locations within 2 miles of the sources at the site, except: if observed ground water contamination attributable to sources at the site extends more than 2 miles beyond these sources, use any location within the limits of this observed ground water contamination when evaluating the travel time factor for any aquifer that does not have an observed release. If the necessary subsurface geologic information is available at multiple locations, evaluate the travel time factor at each location. Use the location having the highest travel time factor value to assign the factor value for the aquifer. Enter this value in table 3-1.

3.1.2.5 Calculation of potential to release factor value. Sum the factor values for net precipitation, depth to aquifer, and travel time, and multiply this sum by the factor value for containment. Assign this product as the potential to release factor value for the aquifer. Enter this value in table 3-1.

3.1.3 Calculation of likelihood of release factor category value. If an observed release is established for an aquifer, assign the observed release factor value of 550 as the likelihood of release factor category value for that aquifer. Otherwise, assign the potential to release factor value for that aquifer as the likelihood of release value. Enter the value assigned in table 3-1.

3.2 Waste characteristics. Evaluate the waste characteristics factor category for an aquifer based on two factors: toxicity/mobility and hazardous waste quantity. Evaluate only those hazardous substances available to migrate from the sources at the site to ground water. Such hazardous substances include:

• Hazardous substances that meet the criteria for an observed release to ground water.

• All hazardous substances associated with a source that has a ground water containment factor value greater than 0 (see sections 2.2.2, 2.2.3, and 3.1.2.1).

3.2.1 Toxicity/mobility. For each hazardous substance, assign a toxicity factor value, a mobility factor value, and a combined toxicity/mobility factor value as specified in the following sections. Select the toxicity/mobility factor value for the aquifer being evaluated as specified in section 3.2.1.3.

3.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in Section 2.4.1.1.

3.2.1.2 Mobility. Assign a mobility factor value to each hazardous substance for the aquifer being evaluated as follows:

• For any hazardous substance that meets the criteria for an observed release by chemical analysis to one or more aquifers underlying the sources at the site, regardless of the aquifer being evaluated, assign a mobility factor value of 1.

• For any hazardous substance that does not meet the criteria for an observed release by chemical analysis to at least one of the aquifers, assign that hazardous substance a mobility factor value from table 3-8 for the aquifer being evaluated, based on its water solubility and distribution coefficient (K d ).

• If the hazardous substance cannot be assigned a mobility factor value because data on its water solubility or distribution coefficient are not available, use other hazardous substances for which information is available in evaluating the pathway.

Table 3-8—Ground Water Mobility Factor Values a

Water solubility (mg/l)

Distribution coefficient (K d ) (ml/g)

Karst c

≤10

>10 to 1,000

>1,000

Present as liquid b

1

1

0.01

0.0001

Greater than 100

1

1

0.01

0.0001

Greater than 1 to 100

0.2

0.2

0.002

2 × 10 −5

Greater than 0.01 to 1

0.002

0.002

2 × 10 −5

2 × 10 −7

Less than or equal to 0.01

2 × 10 −5

2 × 10 −5

2 × 10 −7

2 × 10 −9

a Do not round to nearest integer.

b Use if the hazardous substance is present or deposited as a liquid.

c Use if the entire interval from the source to the aquifer being evaluated is karst.

• If none of the hazardous substances eligible to be evaluated can be assigned a mobility factor value, use a default value of 0.002 as the mobility factor value for all these hazardous substances.

Determine the water solubility to be used in table 3-8 for the hazardous substance as follows (use this same water solubility for all aquifers):

• For any hazardous substance that does not meet the criteria for an observed release by chemical analysis, if the hazardous substance is present or deposited as a liquid, use the water solubility category “Present as Liquid” in table 3-8 to assign the mobility factor value to that hazardous substance.

• Otherwise:

-For any hazardous substance that is a metal (or metalloid) and that does not meet the criteria for an observed release by chemical analysis, establish a water solubility for the hazardous substance as follows:

-Determine the overall range of water solubilities for compounds of this hazardous substance (consider all compounds for which adequate water solubility information is available, not just compounds identified as present at the site).

-Calculate the geometric mean of the highest and the lowest water solubility in this range.

-Use this geometric mean as the water solubility in assigning the hazardous substance a mobility factor value from table 3-8.

-For any other hazardous substance (either organic or inorganic) that does not meet the criteria for an observed release by chemical analysis, use the water solubility of that hazardous substance to assign a mobility factor value from table 3-8 to the hazardous substance.

For the aquifer being evaluated, determine the distribution coefficient to be used in table 3-8 for the hazardous substance as follows:

• For any hazardous substance that does not meet the criteria for an observed release by chemical analysis, if the entire interval from a source at the site to the aquifer being evaluated is karst, use the distribution coefficient category “Karst” in table 3-8 in assigning the mobility factor value for that hazardous substance for that aquifer.

• Otherwise:

-For any hazardous substance that is a metal (or metalloid) and that does not meet the criteria for an observed release by chemical analysis, use the distribution coefficient for the metal or (metalloid) to assign a mobility factor value from table 3-8 for that hazardous substance.

-For any other inorganic hazardous substance that does not meet the criteria for an observed release by chemical analysis, use the distribution coefficient for that inorganic hazardous substance, if available, to assign a mobility factor value from table 3-8. If the distribution coefficient is not available, use a default value of “less than 10” as the distribution coefficient, except: for asbestos use a default value of “greater than 1,000” as the distribution coefficient.

-For any hazardous substance that is organic and that does not meet the criteria for an observed release by chemical analysis, establish a distribution coefficient for that hazardous substance as follows:

-Estimate the K d range for the hazardous substance using the following equation:

K d = (K oc )(f s )

where:

K oc = Soil-water partition coefficient for organic carbon for the hazardous substance.

f s = Sorbent content (fraction of clays plus organic carbon) in the subsurface.

-Use f s values of 0.03 and 0.77 in the above equation to establish the upper and lower values of the K d range for the hazardous substance.

-Calculate the geometric mean of the upper and lower K d range values. Use this geometric mean as the distribution coefficient in assigning the hazardous substance a mobility factor value from table 3-8.

3.2.1.3 Calculation of toxicity/mobility factor value. Assign each hazardous substance a toxicity/mobility factor value from table 3-9, based on the values assigned to the hazardous substance for the toxicity and mobility factors. Use the hazardous substance with the highest toxicity/mobility factor value for the aquifer being evaluated to assign the value to the toxicity/mobility factor for that aquifer. Enter this value in table 3-1.

Table 3-9—Toxicity/Mobility Factor Values a

Mobility factor value

Toxicity factor value

10,000

1,000

100

10

1

0

1.0

10,000

1,000

100

10

1

0

0.2

2,000

200

20

2

0.2

0

0.01

100

10

1

0.1

0.01

0

0.002

20

2

0.2

0.02

0.002

0

0.0001

1

0.1

0.01

0.001

1 × 10 −4

0

2 × 10 −5

0.2

0.02

0.002

2 × 10 −4

2 × 10 −5

0

2 × 10 −7

0.002

2 × 10 −4

2 × 10 −5

2 × 10 −6

2 × 10 −7

0

2 × 10 −9

2 × 10 −5

2 × 10 −6

2 × 10 −7

2 × 10 −8

2 × 10 −9

0

a Do not round to nearest integer.

3.2.2 Hazardous waste quantity. Assign a hazardous waste quantity factor value for the ground water pathway (or aquifer) as specified in section 2.4.2. Enter this value in table 3-1.

3.2.3 Calculation of waste characteristics factor category value. Multiply the toxicity/mobility and hazardous waste quantity factor values, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from table 2-7 (section 2.4.3.1) to the waste characteristics factor category. Enter this value in table 3-1.

3.3 Targets. Evaluate the targets factor category for an aquifer based on four factors: nearest well, population, resources, and Wellhead Protection Area. Evaluate these four factors based on targets within the target distance limit specified in section 3.0.1.1 and the aquifer boundaries specified in section 3.0.1.2. Determine the targets to be included in evaluating these factors for an aquifer as specified in section 3.0.

3.3.1 Nearest well. In evaluating the nearest well factor, include both the drinking water wells drawing from the aquifer being evaluated and those drawing from overlying aquifers as specified in section 3.0. Include standby wells in evaluating this factor only if they are used for drinking water supply at least once every year.

If there is an observed release by direct observation for a drinking water well within the target distance limit, assign Level II concentrations to that well. However, if one or more samples meet the criteria for an observed release for that well, determine if that well is subject to Level I or Level II concentrations as specified in sections 2.5.1 and 2.5.2. Use the health-based benchmarks from table 3-10 in determining the level of contamination.

Assign a value for the nearest well factor as follows:

• If one or more drinking water wells is subject to Level I concentrations, assign a value of 50.

• If not, but if one or more drinking water wells is subject to Level II concentrations, assign a value of 45.

• If none of the drinking water wells is subject to Level I or Level II concentrations, assign a value as follows:

-If one of the target aquifers is a karst aquifer that underlies any portion of the sources at the site and any well draws drinking water from this karst aquifer within the target distance limit, assign a value of 20.

-If not, determine the shortest distance to any drinking water well, as measured from any source at the site with a ground water containment factor value greater than 0. Select a value from table 3-11 based on this distance. Assign it as the value for the nearest well factor.

Enter the value assigned to the nearest well factor in table 3-1.

Table 3-10—Health-Based Benchmarks for Hazardous Substances in Drinking Water

• Concentration corresponding to Maximum Contaminant Level (MCL).

• Concentration corresponding to a nonzero Maximum Contaminant Level Goal (MCLG).

• Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 individual cancer risk for oral exposures.

• Screening concentration for noncancer toxicological responses corresponding to the Reference Dose (RfD) for oral exposures.

Table 3-11—Nearest Well Factor Values

Distance from source (miles)

Assigned value

Level I concentrations a

50

Level II concentrations a

45

0 to 1 ⁄ 4

20

Greater than 1 ⁄ 4 to 1 ⁄ 2

18

Greater than 1 ⁄ 2 to 1

9

Greater than 1 to 2

5

Greater than 2 to 3

3

Greater than 3 to 4

2

Greater than 4

0

a Distance does not apply.

3.3.2 Population. In evaluating the population factor, include those persons served by drinking water wells within the target distance limit specified in section 3.0.1.1. For the aquifer being evaluated, count those persons served by wells in that aquifer and those persons served by wells in overlying aquifers as specified in section 3.0. Include residents, students, and workers who regularly use the water. Exclude transient populations such as customers and travelers passing through the area. Evaluate the population based on the location of the water supply wells, not on the location of residences, work places, etc. When a standby well is maintained on a regular basis so that water can be withdrawn, include it in evaluating the population factor.

In estimating residential population, when the estimate is based on the number of residences, multiply each residence by the average number of persons per residence for the county in which the residence is located.

In determining the population served by a well, if the water from the well is blended with other water (for example, water from other ground water wells or surface water intakes), apportion the total population regularly served by the blended system to the well based on the well's relative contribution to the total blended system. In estimating the well's relative contribution, assume each well and intake contributes equally and apportion the population accordingly, except: if the relative contribution of any one well or intake exceeds 40 percent based on average annual pumpage or capacity, estimate the relative contribution of the wells and intakes considering the following data, if available:

• Average annual pumpage from the ground water wells and surface water intakes in the blended system.

• Capacities of the wells and intakes in the blended system.

For systems with standby ground water wells or standby surface water intakes, apportion the total population regularly served by the blended system as described above, except:

• Exclude standby surface water intakes in apportioning the population.

• When using pumpage data for a standby ground water well, use average pumpage for the period during which the standby well is used rather than average annual pumpage.

• For that portion of the total population that could be apportioned to a standby ground water well, assign that portion of the population either to that standby well or to the other ground water well(s) and surface water intake(s) that serve that population; do not assign that portion of the population both to the standby well and to the other well(s) and intake(s) in the blended system. Use the apportioning that results in the highest population factor value. (Either include all standby well(s) or exclude some or all of the standby well(s) as appropriate to obtain this highest value.) Note that the specific standby well(s) included or excluded and, thus, the specific apportioning may vary in evaluating different aquifers and in evaluating the surface water pathway.

3.3.2.1 Level of contamination. Evaluate the population served by water from a point of withdrawal based on the level of contamination for that point of withdrawal. Use the applicable factor: Level I concentrations, Level II concentrations, or potential contamination.

If no samples meet the criteria for an observed release for a point of withdrawal and there is no observed release by direct observation for that point of withdrawal, evaluate that point of withdrawal using the potential contamination factor in section 3.3.2.4. If there is an observed release by direct observation, use Level II concentrations for that point of withdrawal. However, if one or more samples meet the criteria for an observed release for the point of withdrawal, determine which factor (Level I or Level II concentrations) applies to that point of withdrawal as specified in sections 2.5.1 and 2.5.2. Use the health-based benchmarks from table 3-10 in determining the level of contamination. Evaluate the point of withdrawal using the Level I concentrations factor in section 3.3.2.2 or the Level II concentrations factor in section 3.3.2.3, as appropriate.

For the potential contamination factor, use population ranges in evaluating the factor as specified in section 3.3.2.4. For the Level I and Level II concentrations factors, use the population estimate, not population ranges, in evaluating both factors.

3.3.2.2 Level I concentrations. Sum the number of people served by drinking water from points of withdrawal subject to Level I concentrations. Multiply this sum by 10. Assign this product as the value for this factor. Enter this value in table 3-1.

3.3.2.3 Level II concentrations. Sum the number of people served by drinking water from points of withdrawal subject to Level II concentrations. Do not include those people already counted under the Level I concentrations factor. Assign this sum as the value for this factor. Enter this value in table 3-1.

3.3.2.4 Potential contamination. Determine the number of people served by drinking water from points of withdrawal subject to potential contamination. Do not include those people already counted under the Level I and Level II concentrations factors.

Assign distance-weighted population values from table 3-12 to this population as follows:

• Use the “Karst” portion of table 3-12 to assign values only for that portion of the population served by points of withdrawal that draw drinking water from a karst aquifer that underlies any portion of the sources at the site.

-For this portion of the population, determine the number of people included within each “Karst” distance category in table 3-12.

Table 3-12—Distance-Weighted Population Values for Potential Contamination Factor for Ground Water Migration Pathway a

Distance category (miles)

Number of people within the distance category

0

1 to 10

11 to 30

31 to 100

101 to 300

301 to 1,000

1,001 to 3,000

3,001 to 10,000

10,001 to 30,000

30,001 to 100,000

100,001 to 300,000

300,001 to 1,000,000

1,000,001 to 3,000,000

Other Than Karst b :

0 to 1 ⁄ 4

0

4

17

53

164

522

1,633

5,214

16,325

52,137

163,246

521,360

1,632,455

Greater than 1 ⁄ 4 to 1 ⁄ 2

0

2

11

33

102

324

1,013

3,233

10,122

32,325

101,213

323,243

1,012,122

Greater than 1 ⁄ 2 to 1

0

1

5

17

52

167

523

1,669

5,224

16,684

52,239

166,835

522,385

Greater than 1 to 2

0

0.7

3

10

30

94

294

939

2,939

9,385

29,384

93,845

293,842

Greater than 2 to 3

0

0.5

2

7

21

68

212

678

2,122

6,778

21,222

67,777

212,219

Greater than 3 to 4

0

0.3

1

4

13

42

131

417

1,306

4,171

13,060

41,709

130,596

Karst c :

0 to 1 ⁄ 4

0

4

17

53

164

522

1,633

5,214

16,325

52,137

163,246

521,360

1,632,455

Greater than 1 ⁄ 4 to 1 ⁄ 2

0

2

11

33

102

324

1,013

3,233

10,122

32,325

101,213

323,243

1,012,122

Greater than 1 ⁄ 2 to 1

0

2

9

26

82

261

817

2,607

8,163

26,068

81,623

260,680

816,227

Greater than 1 to 2

0

2

9

26

82

261

817

2,607

8,163

26,068

81,623

260,680

816,227

Greater than 2 to 3

0

2

9

26

82

261

817

2,607

8,163

26,068

81,623

260,680

816,227

Greater than 3 to 4

0

2

9

26

82

261

817

2,607

8,163

26,068

81,623

260,680

816,227

a Round the number of people present within a distance category to nearest integer. Do not round the assigned distance-weighted population value to nearest integer.

b Use for all aquifers, except karst aquifers underlying any portion of the sources at the site.

c Use only for karst aquifers underlying any portion of the sources at the site.

-Assign a distance-weighted population value for each distance category based on the number of people included within the distance category.

• Use the “Other Than Karst” portion of table 3-12 for the remainder of the population served by points of withdrawal subject to potential contamination.

-For this portion of the population, determine the number of people included within each “Other Than Karst” distance category in table 3-12.

-Assign a distance-weighted population value for each distance category based on the number of people included within the distance category.

Calculate the value for the potential contamination factor (PC) as follows:

where:

W i = Distance-weighted population from “Other Than Karst” portion of table 3-12 for distance category i.

K i = Distance-weighted population from “Karst” portion of table 3-12 for distance category i.

n = Number of distance categories.

If PC is less than 1, do not round it to the nearest integer; if PC is 1 or more, round to the nearest integer. Enter this value in table 3-1.

3.3.2.5 Calculation of population factor value. Sum the factor values for Level I concentrations, Level II concentrations, and potential contamination. Do not round this sum to the nearest integer. Assign this sum as the population factor value for the aquifer. Enter this value in table 3-1.

3.3.3 Resources. To evaluate the resources factor, select the highest value specified below that applies for the aquifer being evaluated. Assign this value as the resources factor value for the aquifer. Enter this value in table 3-1.

Assign a resources value of 5 if water drawn from any target well for the aquifer being evaluated or overlying aquifers (as specified in section 3.0) is used for one or more of the following purposes:

• Irrigation (5-acre minimum) of commercial food crops or commercial forage crops.

• Watering of commercial livestock.

• Ingredient in commercial food preparation.

• Supply for commercial aquaculture.

• Supply for a major or designated water recreation area, excluding drinking water use.

Assign a resources value of 5 if no drinking water wells are within the target distance limit, but the water in the aquifer being evaluated or any overlying aquifers (as specified in section 3.0) is usable for drinking water purposes.

Assign a resources value of 0 if none of the above applies.

3.3.4 Wellhead Protection Area. Evaluate the Wellhead Protection Area factor based on Wellhead Protection Areas designated according to section 1428 of the Safe Drinking Water Act, as amended. Consider only those Wellhead Protection Areas applicable to the aquifer being evaluated or overlying aquifers (as specified in section 3.0). Select the highest value below that applies. Assign it as the value for the Wellhead Protection Area factor for the aquifer being evaluated. Enter this value in table 3-1.

Assign a value of 20 if either of the following criteria applies for the aquifer being evaluated or overlying aquifers:

• A source with a ground water containment factor value greater than 0 lies, either partially or fully, within or above the designated Wellhead Protection Area.

• Observed ground water contamination attributable to the sources at the site lies, either partially or fully, within the designated Wellhead Protection Area.

If neither criterion applies, assign a value of 5, if, within the target distance limit, there is a designated Wellhead Protection Area applicable to the aquifer being evaluated or overlying aquifers.

Assign a value of 0 if none of the above applies.

3.3.5 Calculation of targets factor category value. Sum the factor values for nearest well, population, resources, and Wellhead Protection Area. Do not round this sum to the nearest integer. Use this sum as the targets factor category value for the aquifer. Enter this value in table 3-1.

3.4 Ground water migration score for an aquifer. For the aquifer being evaluated, multiply the factor category values for likelihood of release, waste characteristics, and targets, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum value of 100, as the ground water migration pathway score for the aquifer. Enter this score in table 3-1.

3.5 Calculation of ground water migration pathway score. Calculate a ground water migration score for each aquifer underlying the sources at the site, as appropriate. Assign the highest ground water migration score for an aquifer as the ground water migration pathway score (S gw ) for the site. Enter this score in table 3-1.

4.0 Surface Water Migration Pathway

4.0.1 Migration components. Evaluate the surface water migration pathway based on two migration components:

• Overland/flood migration to surface water (see section 4.1).

• Ground water to surface water migration (see section 4.2).

Evaluate each component based on the same three threats: drinking water threat, human food chain threat, and environmental threat.

Score one or both components, considering their relative importance. If only one component is scored, assign its score as the surface water migration pathway score. If both components are scored, select the higher of the two scores and assign it as the surface water migration pathway score.

4.0.2 Surface water categories. For HRS purposes, classify surface water into four categories: rivers, lakes, oceans, and coastal tidal waters.

Rivers include:

• Perennially flowing waters from point of origin to the ocean or to coastal tidal waters, whichever comes first, and wetlands contiguous to these flowing waters.

• Aboveground portions of disappearing rivers.

• Man-made ditches only insofar as they perennially flow into other surface water.

• Intermittently flowing waters and contiguous intermittently flowing ditches only in arid or semiarid areas with less than 20 inches of mean annual precipitation.

Lakes include:

• Natural and man-made lakes (including impoundments) that lie along rivers, but excluding the Great Lakes.

• Isolated, but perennial, lakes, ponds, and wetlands.

• Static water channels or oxbow lakes contiguous to rivers.

• Small rivers, without diking, that merge into surrounding perennially inundated wetlands.

• Wetlands contiguous to water bodies defined here as lakes.

Ocean and ocean-like water bodies include:

• Ocean areas seaward from the baseline of the Territorial Sea. (This baseline represents the generalized coastline of the United States. It is parallel to the seaward limit of the Territorial Sea and other maritime limits such as the inner boundary of Federal fisheries jurisdiction and the limit of States jurisdiction under the Submerged Lands Act, as amended.)

• The Great Lakes.

• Wetlands contiguous to the Great Lakes.

Coastal tidal waters include:

• Embayments, harbors, sounds, estuaries, back bays, lagoons, wetlands, etc. seaward from mouths of rivers and landward from the baseline of the Territorial Sea.

4.1 Overland/flood migration component. Use the overland/flood migration component to evaluate surface water threats that result from overland migration of hazardous substances from a source at the site to surface water. Evaluate three types of threats for this component: drinking water threat, human food chain threat, and environmental threat.

4.1.1 General considerations.

4.1.1.1 Definition of hazardous substance migration path for overland/flood migration component. The hazardous substance migration path includes both the overland segment and the in-water segment that hazardous substances would take as they migrate away from sources at the site:

• Begin the overland segment at a source and proceed downgradient to the probable point of entry to surface water.

• Begin the in-water segment at this probable point of entry.

-For rivers, continue the in-water segment in the direction of flow (including any tidal flows) for the distance established by the target distance limit (see section 4.1.1.2).

-For lakes, oceans, coastal tidal waters, or Great Lakes, do not consider flow direction. Instead apply the target distance limit as an arc.

-If the in-water segment includes both rivers and lakes (or oceans, coastal tidal waters, or Great Lakes), apply the target distance limit to their combined in-water segments.

For sites that consist of contaminated sediments with no identified source, the hazardous substance migration path consists solely of the in-water segment specified in section 4.1.1.2.

Consider a site to be in two or more watersheds for this component if two or more hazardous substance migration paths from the sources at the site do not reach a common point within the target distance limit. If the site is in more than one watershed, define a separate hazardous substance migration path for each watershed. Evaluate the overland/flood migration component for each watershed separately as specified in section 4.1.1.3.

4.1.1.2 Target distance limit. The target distance limit defines the maximum distance over which targets are considered in evaluating the site. Determine a separate target distance limit for each watershed as follows:

• If there is no observed release to surface water in the watershed or if there is an observed release only by direct observation (see section 4.1.2.1.1), begin measuring the target distance limit for the watershed at the probable point of entry to surface water and extend it for 15 miles along the surface water from that point.

• If there is an observed release from the site to the surface water in the watershed that is based on sampling, begin measuring the target distance limit for the watershed at the probable point of entry; extend the target distance limit either for 15 miles along the surface water or to the most distant sample point that meets the criteria for an observed release to that watershed, whichever is greater.

In evaluating the site, include only surface water targets (for example, intakes, fisheries, sensitive environments) that are within or contiguous to the hazardous substance migration path and located, partially or wholly, at or between the probable point of entry and the target distance limit applicable to the watershed:

• If flow within the hazardous substance migration path is reversed by tides, evaluate upstream targets only if there is documentation that the tidal run could carry substances from the site as far as those upstream targets.

• Determine whether targets within or contiguous to the hazardous substance migration path are subject to actual or potential contamination as follows:

-If a target is located, partially or wholly, either at or between the probable point of entry and any sampling point that meets the criteria for an observed release to the watershed or at a point that meets the criteria for an observed release by direct observation, evaluate that target as subject to actual contamination, except as otherwise specified for fisheries in section 4.1.3.3 and for wetlands in section 4.1.4.3.1.1. If the actual contamination is based on direct observation, assign Level II to the actual contamination. However, if the actual contamination is based on samples, determine whether the actual contamination is at Level I or Level II concentrations as specified in sections 4.1.2.3, 4.1.3.3, and 4.1.4.3.1.

-If a target is located, partially or wholly, within the target distance limit for the watershed, but not at or between the probable point of entry and any sampling point that meets the criteria for an observed release to the watershed, nor at a point that meets the criteria for an observed release by direct observation, evaluate it as subject to potential contamination.

For sites consisting solely of contaminated sediments with no identified source, determine the target distance limit as follows:

• If there is a clearly defined direction of flow for the surface water body (or bodies) containing the contaminated sediments, begin measuring the target distance limit at the point of observed sediment contamination that is farthest upstream (that is, at the location of the farthest available upstream sediment sample that meets the criteria for an observed release); extend the target distance limit either for 15 miles along the surface water or to the most distant downstream sample point that meets the criteria for an observed release to that watershed, whichever is greater.

• If there is no clearly defined direction of flow, begin measuring the target distance limit at the center of the area of observed sediment contamination. Extend the target distance limit as an arc either for 15 miles along the surface water or to the most distant sample point that meets the criteria for an observed release to that watershed, whichever is greater. Determine the area of observed sediment contamination based on available samples that meet the criteria for an observed release.

Note that the hazardous substance migration path for these contaminated sediment sites consists solely of the in-water segment defined by the target distance limit; there is no overland segment.

For these contaminated sediment sites, include only those targets (for example, intakes, fisheries, sensitive environments) that are within or contiguous to the hazardous substance migration path and located, wholly or partially, within the target distance limit for the site. Determine whether these targets are subject to actual or potential contamination as follows:

• If a target is located, partially or wholly, within the area of observed sediment contamination, evaluate it as subject to actual contamination, except as otherwise specified for fisheries in section 4.1.3.3 and wetlands in section 4.1.4.3.1.1.

-If a drinking water target is subject to actual contamination, evaluate it using Level II concentrations.

-If a human food chain target or environmental target is subject to actual contamination, evaluate it using Level I or Level II concentrations, as appropriate (see sections 4.1.3.3 and 4.1.4.3.1).

• If a target is located, partially or wholly, within the target distance limit for the watershed, but not within the area of observed sediment contamination, evaluate it as subject to potential contamination.

4.1.1.3 Evaluation of overland/flood migration component. Evaluate the drinking water threat, human food chain threat, and environmental threat for each watershed for this component based on three factor categories: likelihood of release, waste characteristics, and targets. Figure 4-1 indicates the factors included within each factor category for each type of threat.

Determine the overland/flood migration component score (S of ) for a watershed in terms of the factor category values as follows:

where:

LR i = Likelihood of release factor category value for threat i (that is, drinking water, human food chain, or environmental threat).

WC i = Waste characteristics factor category value for threat i.

T i = Targets factor category value for threat i.

SF = Scaling factor.

Table 4-1 outlines the specific calculation procedure.

If the site is in only one watershed, assign the overland/flood migration score for that watershed as the overland/flood migration component score for the site.

Table 4-1—Surface Water Overland/Flood Migration Component Scoresheet

Factor categories and factors

Maximum value

Value assigned

Drinking Water Threat

Likelihood of Release:

1. Observed Release

550

______

2. Potential to Release by Overland Flow:

2a. Containment

10

______

2b. Runoff

25

______

2c. Distance to Surface Water

25

______

2d. Potential to Release by Overland Flow (lines 2a[2b + 2c])

500

______

3. Potential to Release by Flood:

3a. Containment (Flood)

10

______

3b. Flood Frequency

50

______

3c. Potential to Release by Flood (lines 3a × 3b)

500

______

4. Potential to Release (lines 2d + 3c, subject to a maximum of 500)

500

______

5. Likelihood of Release (higher of lines 1 and 4)

550

______

Waste Characteristics:

6. Toxicity/Persistence

(a)

______

7. Hazardous Waste Quantity

(a)

______

8. Waste Characteristics

100

______

Targets:

9. Nearest Intake

50

______

10. Population

10a. Level I Concentrations

(b)

______

10b. Level II Concentrations

(b)

______

10c. Potential Contamination

(b)

______

10d. Population (lines 10a + 10b + 10c)

(b)

______

11. Resources

5

______

12. Targets (lines 9 + 10d + 11)

(b)

______

Drinking Water Threat Score:

13. Drinking Water Threat Score ([lines 5 × 8 × 12]/82,500, subject to a maximum of 100)

100

______

Human Food Chain Threat

Likelihood of Release:

14. Likelihood of Release (same value as line 5)

550

______

Waste Characteristics:

15. Toxicity/Persistence/Bioaccumulation

(a)

______

16. Hazardous Waste Quantity

(a)

______

17. Waste Characteristics

1,000

______

Targets:

18. Food Chain Individual

50

______

19. Population

19a. Level I Concentrations

(b)

______

19b. Level II Concentrations

(b)

______

19c. Potential Human Food Chain Contamination

(b)

______

19d. Population (lines 19a + 19b + 19c)

(b)

______

20. Targets (lines 18 + 19d)

(b)

______

Human Food Chain Threat Score:

21. Human Food Chain Threat Score ([lines 14 × 17 × 20]/82,500, subject to a maximum of 100)

100

______

Environmental Threat

Likelihood of Release:

22. Likelihood of Release (same value as line 5)

550

______

Waste Characteristics:

23. Ecosystem Toxicity/Persistence/Bioaccumulation

(a)

______

24. Hazardous Waste Quantity

(a)

______

25. Waste Characteristics

1,000

Targets:

26. Sensitive Environments

26a. Level I Concentrations

(b)

______

26b. Level II Concentrations

(b)

______

26c. Potential Contamination

(b)

______

26d. Sensitive Environments (lines 26a + 26b + 26c)

(b)

27. Targets (value from line 26d)

(b)

Environmental Threat Score:

28. Environmental Threat Score ([lines 22 × 25 × 27]/82,500, subject to a maximum of 60)

60

______

Surface Water Overland/Flood Migration Component Score for a Watershed

29. Watershed Score c (lines 13 + 21 + 28, subject to a maximum of 100)

100

______

Surface Water Overland/Flood Migration Component Score

30. Component Score (S of ) c (highest score from line 29 for all watersheds evaluated, subject to a maximum of 100)

100

______

a Maximum value applies to waste characteristics category.

b Maximum value not applicable.

c Do not round to nearest integer.

If the site is in more than one watershed:

• Calculate a separate overland/flood migration component score for each watershed, using likelihood of release, waste characteristics, and targets applicable to each watershed.

• Select the highest overland/flood migration component score from the watersheds evaluated and assign it as the overland/flood migration component score for the site.

4.1.2 Drinking water threat. Evaluate the drinking water threat for each watershed based on three factor categories: likelihood of release, waste characteristics, and targets.

4.1.2.1 Drinking water threat—likelihood of release. Evaluate the likelihood of release factor category for each watershed in terms of an observed release factor or a potential to release factor.

4.1.2.1.1 Observed release. Establish an observed release to surface water for a watershed by demonstrating that the site has released a hazardous substance to the surface water in the watershed. Base this demonstration on either:

• Direct observation:

-A material that contains one or more hazardous substances has been seen entering surface water through migration or is known to have entered surface water through direct deposition, or

-A source area has been flooded at a time that hazardous substances were present, and one or more hazardous substances were in contact with the flood waters, or

-When evidence supports the inference of a release of a material that contains one or more hazardous substances by the site to surface water, demonstrated adverse effects associated with that release may also be used to establish an observed release.

• Chemical analysis:

-Analysis of surface water, benthic, or sediment samples indicates that the concentration of hazardous substance(s) has increased significantly above the background concentration for the site for that type of sample (see section 2.3).

-Limit comparisons to similar types of samples and background concentrations—for example, compare surface water samples to surface water background concentrations.

-For benthic samples, limit comparisons to essentially sessile organisms.

-Some portion of the significant increase must be attributable to the site to establish the observed release, except: when the site itself consists of contaminated sediments with no identified source, no separate attribution is required.

If an observed release can be established for a watershed, assign an observed release factor value of 550 to that watershed, enter this value in table 4-1, and proceed to section 4.1.2.1.3. If no observed release can be established for the watershed, assign an observed release factor value of 0 to that watershed, enter this value in table 4-1, and proceed to section 4.1.2.1.2.

4.1.2.1.2 Potential to release. Evaluate potential to release only if an observed release cannot be established for the watershed. Evaluate potential to release based on two components: potential to release by overland flow (see section 4.1.2.1.2.1) and potential to release by flood (see section 4.1.2.1.2.2). Sum the values for these two components to obtain the potential to release factor value for the watershed, subject to a maximum value of 500.

4.1.2.1.2.1 Potential to release by overland flow. Evaluate potential to release by overland flow for the watershed based on three factors: containment, runoff, and distance to surface water.

Assign potential to release by overland flow a value of 0 for the watershed if:

• No overland segment of the hazardous substance migration path can be defined for the watershed, or

• The overland segment of the hazardous substance migration path for the watershed exceeds 2 miles before surface water is encountered.

If either condition applies, enter a value of 0 in table 4-1 and proceed to section 4.1.2.1.2.2 to evaluate potential to release by flood. If neither applies, proceed to section 4.1.2.1.2.1.1 to evaluate potential to release by overland flow.

4.1.2.1.2.1.1 Containment. Determine the containment factor value for the watershed as follows:

• If one or more sources is located in surface water in the watershed (for example, intact sealed drums in surface water), assign the containment factor a value of 10 for the watershed. Enter this value in table 4-1.

• If none of the sources is located in surface water in the watershed, assign a containment factor value from table 4-2 to each source at the site that can potentially release hazardous substances to the hazardous substance migration path for this watershed. Assign the containment factor value for the watershed as follows:

-Select the highest containment factor value assigned to those sources that meet the minimum size requirement described below. Assign this highest value as the containment factor value for the watershed. Enter this value in table 4-1.

-If, for this watershed, no source at the site meets the minimum size requirement, then select the highest containment factor value assigned to the sources at the site eligible to be evaluated for this watershed and assign it as the containment factor value for the watershed. Enter this value in table 4-1.

A source meets the minimum size requirement if its source hazardous waste quantity value (see section 2.4.2.1.5) is 0.5 or more. Do not include the minimum size requirement in evaluating any other factor of this surface water migration component, except potential to release by flood as specified in section 4.1.2.1.2.2.3.

4.1.2.1.2.1.2 Runoff. Evaluate runoff based on three components: rainfall, drainage area, and soil group.

Table 4-2—Containment Factor Values for Surface Water Migration Pathway

Source

Assigned value

All Sources (Except Surface Impoundments, Land Treatment, Containers, and Tanks)

Evidence of hazardous substance migration from source area ( i.e. , source area includes source and any associated containment structures).

10

No evidence of hazardous substance migration from source area and:

(a) Neither of the following present: (1) maintained engineered cover, or (2) functioning and maintained run-on control system and runoff management system

10

(b) Any one of the two items in (a) present

9

(c) Any two of the following present: (1) maintained engineered cover, or (2) functioning and maintained run-on control system and runoff management system, or (3) liner with functioning leachate collection and removal system immediately above liner

7

(d) All items in (c) present

5

(e) All items in (c) present, plus no bulk or non-containerized liquids nor materials containing free liquids deposited in source area.

3

No evidence of hazardous substance migration from source area, double liner with functioning leachate collection and removal system above and between liners, and:

(f) Only one of the following deficiencies present in containment: (1) bulk or noncontainerized liquids or materials containing free liquids deposited in source area, or (2) no or nonfunctioning or nonmaintained run-on control system and runoff management system, or (3) no or nonmaintained engineered cover

3

(g) None of the deficiencies in (f) present.

0

Source area inside or under maintained intact structure that provides protection from precipitation so that neither runoff nor leachate is generated, liquids or materials containing free liquids not deposited in source area, and functioning and maintained run-on control present

Surface Impoundment

Evidence of hazardous substance migration from surface impoundment

10

Free liquids present with either no diking, unsound diking, or diking that is not regularly inspected and maintained

10

No evidence of hazardous substance migration from surface impoundment, free liquids present, sound diking that is regularly inspected and maintained, adequate freeboard, and:

(a) No liner

9

(b) Liner

7

(c) Liner with functioning leachate collection and removal system below liner

5

(d) Double liner with functioning leachate collection and removal system between liners

3

No evidence of hazardous substance migration from surface impoundment and all free liquids eliminated at closure (either by removal of liquids or solidification of remaining wastes and waste residues)

Evaluate using All Sources criteria (with no bulk or free liquids deposited).

Land Treatment

Evidence of hazardous substance migration from land treatment zone

10

No functioning and maintained run-on control and runoff management system

10

No evidence of hazardous substance migration from land treatment zone and:

(a) Functioning and maintained run-on control and runoff management system

7

(b) Functioning and maintained run-on control and runoff management system, and vegetative cover established over entire land treatment area

5

(c) Land treatment area maintained in compliance with 40 CFR 264.280

0

Containers

All containers buried

Evaluate using All Sources criteria.

Evidence of hazardous substance migration from container area ( i.e. , container area includes containers and any associated containment structures)

10

No diking (or no similar structure) surrounding container area

10

Diking surrounding container area unsound or not regularly inspected and maintained

10

No evidence of hazardous substance migration from container area and container area surrounded by sound diking that is regularly inspected and maintained

9

No evidence of hazardous substance migration from container area, container area surrounded by sound diking that is regularly inspected and maintained, and:

9

(a) Essentially impervious base under container area with liquids collection and removal system

7

(b) Containment system includes essentially impervious base, liquids collection system, sufficient capacity to contain 10 percent of volume of all containers, and functioning and maintained run-on control; and spilled or leaked hazardous substances and accumulated precipitation removed in timely manner to prevent overflow of collection system, at least weekly inspection of containers, hazardous substances in leaking or deteriorating containers transferred to containers in good condition, and containers sealed except when waste is added or removed

5

(c) Free liquids present, containment system has sufficient capacity to hold total volume of all containers and to provide adequate freeboard, and single liner under container area with functioning leachate collection and removal system below liner

5

(d) Same as (c) except: double liner under container area with functioning leachate collection and removal system between liners

3

Containers inside or under maintained intact structure that provides protection from precipitation so that neither runoff nor leachate would be generated from any unsealed or ruptured containers, liquids or materials containing free liquids not deposited in any container, and functioning and maintained run-on control present

0

No evidence of hazardous substance migration from container area, containers leaking, and all free liquids eliminated at closure (either by removal of liquids or solidification of remaining wastes and waste residues)

Evaluate using All Sources criteria (with no bulk or free liquids deposited).

Tank

Below-ground tank

Evaluate using All Sources criteria

Evidence of hazardous substance migration from tank area ( i.e. , tank area includes tank, ancillary equipment such as piping, and any associated containment structures)

10

No diking (or no similar structure) surrounding tank and ancillary equipment

10

Diking surrounding tank and ancillary equipment unsound or not regularly inspected and maintained

10

No evidence of hazardous substance migration from tank area and tank and ancillary equipment surrounded by sound diking that is regularly inspected and maintained

9

No evidence of hazardous substance migration from tank area, tank and ancillary equipment surrounded by sound diking that is regularly inspected and maintained, and:

(a) Tank and ancillary equipment provided with secondary containment (e.g., liner under tank area, vault system, double-wall) with leak detection and collection system

7

(b) Tank and ancillary equipment provided with secondary containment system that detects and collects spilled or leaked hazardous substances and accumulated precipitation and has sufficient capacity to contain 110 percent of volume of largest tank within containment area, spilled or leaked hazardous substances and accumulated precipitation removed in a timely manner, at least weekly inspection of tank and secondary containment system, and all leaking or unfit-for-use tank systems promptly responded to

5

(c) Containment system has sufficient capacity to hold total volume of all tanks within the tank containment area and to provide adequate freeboard, and single liner under tank containment area with functioning leachate collection and removal system below liner

5

(d) Same as (c) except: double liner under tank containment area with functioning leachate collection and removal system between liners

3

Tank is above ground, and inside or under maintained intact structure that provides protection from precipitation so that neither runoff nor leachate would be generated from any material released from tank, liquids or materials containing free liquids not deposited in any tank, and functioning and maintained run-on control present

0

Rainfall. Determine the 2-year, 24-hour rainfall for the site. Use site-specific, 2-year, 24-hour rainfall data if records are available for at least 20 years. If such site-specific data are not available, estimate the 2-year, 24-hour rainfall for the site from a rainfall-frequency map. Do not round the rainfall value to the nearest integer.

Drainage area. Determine the drainage area for the sources at the site. Include in this drainage area both the source areas and the area upgradient of the sources, but exclude any portion of this drainage area for which runoff is diverted from entering the sources by storm sewers or run-on control and/or runoff management systems. Assign a drainage area value for the watershed from table 4-3.

Soil group. Based on the predominant soil group within the drainage area described above, assign a soil group designation for the watershed from table 4-4 as follows:

• Select the predominant soil group as that type which comprises the largest total area within the applicable drainage area.

• If a predominant soil group cannot be delineated, select that soil group in the drainage area that yields the highest value for the runoff factor.

Calculation of runoff factor value. Assign a combined rainfall/runoff value for the watershed from table 4-5, based on the 2-year, 24-hour rainfall and the soil group designation. Determine the runoff factor value for the watershed from table 4-6, based on the rainfall/runoff and drainage area values. Enter the runoff factor value in table 4-1.

Table 4-3—Drainage Area Values

Drainage area (acres)

Assigned value

Less than 50

1

50 to 250

2

Greater than 250 to 1,000

3

Greater than 1,000

4

Table 4-4—Soil Group Designations

Surface soil description

Soil group designation

Coarse-textured soils with high infiltration rates (for example, sands, loamy sands)

A

Medium-textured soils with moderate infiltration rates (for example, sandy loams, loams)

B

Moderately fine-textured soils with low infiltration rates (for example, silty loams, silts, sandy clay loams)

C

Fine-textured soils with very low infiltration rates (for example, clays, sandy clays, silty clay loams, clay loams, silty clays); or impermeable surfaces (for example, pavement)

D

Table 4-5—Rainfall/Runoff Values

2-Year, 24-hour rainfall (inches)

Soil group designation

A

B

C

D

Less than 1.0

0

0

2

3

1.0 to less than 1.5

0

1

2

3

1.5 to less than 2.0

0

2

3

4

2.0 to less than 2.5

1

2

3

4

2.5 to less than 3.0

2

3

4

4

3.0 to less than 3.5

2

3

4

5

3.5 or greater

3

4

5

6

Table 4-6—Runoff Factor Values

Drainage area value

Rainfall/runoff value

0

1

2

3

4

5

6

1

0

0

0

1

1

1

1

2

0

0

1

1

2

3

4

3

0

0

1

3

7

11

15

4

0

1

2

7

17

25

25

4.1.2.1.2.1.3 Distance to surface water. Evaluate the distance to surface water as the shortest distance, along the overland segment, from any source with a surface water containment factor value greater than 0 to either the mean high water level for tidal waters or the mean water level for other surface waters. Based on this distance, assign a value from table 4-7 to the distance to surface water factor for the watershed. Enter this value in table 4-1.

4.1.2.1.2.1.4 Calculation of factor value for potential to release by overland flow. Sum the factor values for runoff and distance to surface water for the watershed and multiply this sum by the factor value for containment. Assign the resulting product as the factor value for potential to release by overland flow for the watershed. Enter this value in table 4-1.

4.1.2.1.2.2 Potential to release by flood. Evaluate potential to release by flood for each watershed as the product of two factors: containment (flood) and flood frequency. Evaluate potential to release by flood separately for each source that is within the watershed. Furthermore, for each source, evaluate potential to release by flood separately for each category of floodplain in which the source lies. (See section 4.1.2.1.2.2.2 for the applicable floodplain categories.) Calculate the value for the potential to release by flood factor as specified in 4.1.2.1.2.2.3.

4.1.2.1.2.2.1 Containment (flood). For each source within the watershed, separately evaluate the containment (flood) factor for each category of floodplain in which the source is partially or wholly located. Assign a containment (flood) factor value from table 4-8 to each floodplain category applicable to that source. Assign a containment (flood) factor value of 0 to each floodplain category in which the source does not lie.

4.1.2.1.2.2.2 Flood frequency. For each source within the watershed, separately evaluate the flood frequency factor for each category of floodplain in which the source is partially or wholly located. Assign a flood frequency factor value from table 4-9 to each floodplain category in which the source is located.

4.1.2.1.2.2.3 Calculation of factor value for potential to release by flood. For each source within the watershed and for each category of floodplain in which the source is partially or wholly located, calculate a separate potential to release by flood factor value. Calculate this value as the product of the containment (flood) value and the flood frequency value applicable to the source for the floodplain category. Select the highest value calculated for those sources that meet the minimum size requirement specified in section 4.1.2.1.2.1.1 and assign it as the value for the potential to release by flood factor for the watershed. However, if, for this watershed, no source at the site meets the minimum size requirement, select the highest value calculated for the sources at the site eligible to be evaluated for this watershed and assign it as the value for this factor.

Table 4-7—Distance to Surface Water Factor Values

Distance

Assigned value

Less than 100 feet

25

100 feet to 500 feet

20

Greater than 500 feet to 1,000 feet

16

Greater than 1,000 feet to 2,500 feet

9

Greater than 2,500 feet to 1.5 miles

6

Greater than 1.5 miles to 2 miles

3

Table 4-8—Containment (Flood) Factor Values

Containment criteria

Assigned value

Documentation that containment at the source is designed, constructed, operated, and maintained to prevent a washout of hazardous substances by the flood being evaluated

0

Other

10

Table 4-9—Flood Frequency Factor Values

Floodplain category

Assigned value

Source floods annually

50

Source in 10-year floodplain

50

Source in 100-year floodplain

25

Source in 500-year floodplain

7

None of above

0

Enter this highest potential to release by flood factor value for the watershed in table 4-1, as well as the values for containment (flood) and flood frequency that yield this highest value.

4.1.2.1.2.3 Calculation of potential to release factor value. Sum the factor values assigned to the watershed for potential to release by overland flow and potential to release by flood. Assign this sum as the potential to release factor value for the watershed, subject to a maximum value of 500. Enter this value in table 4-1.

4.1.2.1.3 Calculation of drinking water threat-likelihood of release factor category value. If an observed release is established for the watershed, assign the observed release factor value of 550 as the likelihood of release factor category value for that watershed. Otherwise, assign the potential to release factor value for that watershed as the likelihood of release factor category value for that watershed. Enter the value assigned in table 4-1.

4.1.2.2 Drinking water threat-waste characteristics. Evaluate the waste characteristics factor category for each watershed based on two factors: toxicity/persistence and hazardous waste quantity. Evaluate only those hazardous substances that are available to migrate from the sources at the site to surface water in the watershed via the overland/flood hazardous substance migration path for the watershed (see section 4.1.1.1). Such hazardous substances include:

• Hazardous substances that meet the criteria for an observed release to surface water in the watershed.

• All hazardous substances associated with a source that has a surface water containment factor value greater than 0 for the watershed (see sections 2.2.2, 2.2.3, 4.1.2.1.2.1.1, and 4.1.2.1.2.2.1).

4.1.2.2.1 Toxicity/persistence. For each hazardous substance, assign a toxicity factor value, a persistence factor value, and a combined toxicity/persistence factor value as specified in sections 4.1.2.2.1.1 through 4.1.2.2.1.3. Select the toxicity/persistence factor value for the watershed as specified in section 4.1.2.2.1.3.

4.1.2.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in section 2.4.1.1.

4.1.2.2.1.2 Persistence. Assign a persistence factor value to each hazardous substance. In assigning this value, evaluate persistence based primarily on the half-life of the hazardous substance in surface water and secondarily on the sorption of the hazardous substance to sediments. The half-life in surface water is defined for HRS purposes as the time required to reduce the initial concentration in surface water by one-half as a result of the combined decay processes of biodegradation, hydrolysis, photolysis, and volatilization. Sorption to sediments is evaluated for the HRS based on the logarithm of the n-octanol-water partition coefficient (log K ow ) of the hazardous substance.

Estimate the half-life (t 1/2 ) of a hazardous substance as follows:

where:

h = Hydrolysis half-life.

b = Biodegradation half-life.

p = Photolysis half-life.

v = Volatilization half-life.

If one or more of these four component half-lives cannot be estimated for the hazardous substance from available data, delete that component half-life from the above equation. If none of these four component half-lives can be estimated for the hazardous substance from available data, use the default procedure indicated below. Estimate a half-life for the hazardous substance for lakes or for rivers, oceans, coastal tidal waters, and Great Lakes, as appropriate.

If a half-life can be estimated for a hazardous substance:

• Assign that hazardous substance a persistence factor value from the appropriate portion of table 4-10 (that is lakes; or rivers, oceans, coastal tidal waters, and Great Lakes).

• Select the appropriate portion of table 4-10 as follows:

-If there is one or more drinking water intakes along the hazardous substance migration path for the watershed, select the nearest drinking water intake as measured from the probable point of entry. If the in-water segment between the probable point of entry and this selected intake includes both lakes and other water bodies, use the lakes portion of table 4-10 only if more than half the distance to this selected intake lies in lake(s). Otherwise, use the rivers, oceans, coastal tidal waters, and Great Lakes portion of table 4-10. For contaminated sediments with no identified source, use the point where measurement begins (see section 4.1.1.2) rather than the probable point of entry.

-If there are no drinking water intakes but there are intakes or points of use for any of the resource types listed in section 4.1.2.3.3, select the nearest such intake or point of use. Select the portion of table 4-10 based on this intake or point of use in the manner specified for drinking water intakes.

-If there are no drinking water intakes and no specified resource intakes and points of use, but there is another type of resource listed in section 4.1.2.3.3 (for example, the water is usable for drinking water purposes even though not used), select the portion of table 4-10 based on the nearest point of this resource in the manner specified for drinking water intakes.

Table 4-10—Persistence Factor Values—Half-Life

Surface water category

Substance half-life (days)

Assigned value a

Rivers, oceans, coastal tidal waters, and Great Lakes

Less than or equal to 0.2 Greater than 0.2 to 0.5 Greater than 0.5 to 1.5 Greater than 1.5

0.0007 0.07 0.4 1

Lakes

Less than or equal to 0.02 Greater than 0.02 to 2 Greater than 2 to 20 Greater than 20

0.0007 0.07 0.4 1

a Do not round to nearest integer.

If a half-life cannot be estimated for a hazardous substance from available data, use the following default procedure to assign a persistence factor value to that hazardous substance:

• For those hazardous substances that are metals (or metalloids), assign a persistence factor value of 1 as a default for all surface water bodies.

• For other hazardous substances (both organic and inorganic), assign a persistence factor value of 0.4 as a default for rivers, oceans, coastal tidal waters, and Great Lakes, and a persistence factor value of 0.07 as a default for lakes. Select the appropriate value in the same manner specified for using table 4-10.

Use the persistence factor value assigned based on half-life or the default procedure unless the hazardous substance can be assigned a higher factor value from Table 4-11, based on its Log K ow . If a higher value can be assigned from table 4-11, assign this higher value as the persistence factor value for the hazardous substance.

Table 4-11—Persistence Factor Values—Log K ow

Log K ow

Assigned value a

Less than 3.5

0.0007

3.5 to less than 4.0

0.07

4.0 to 4.5

0.4

Greater than 4.5

1

a Use for lakes, rivers, oceans, coastal tidal waters, and Great Lakes. Do not round to nearest integer.

4.1.2.2.1.3 Calculation of toxicity/persistence factor value. Assign each hazardous substance a toxicity/persistence factor value from table 4-12, based on the values assigned to the hazardous substance for the toxicity and persistence factors. Use the hazardous substance with the highest toxicity/persistence factor value for the watershed to assign the toxicity/persistence factor value for the drinking water threat for the watershed. Enter this value in table 4-1.

4.1.2.2.2 Hazardous waste quantity. Assign a hazardous waste quantity factor value for the watershed as specified in section 2.4.2. Enter this value in table 4-1.

4.1.2.2.3 Calculation of drinking water threat-waste characteristics factor category value. Multiply the toxicity/persistence and hazardous waste quantity factor values for the watershed, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from table 2-7 (section 2.4.3.1) to the drinking water threat-waste characteristics factor category for the watershed. Enter this value in table 4-1.

Table 4-12—Toxicity/Persistence Factor Values a

Persistence factor value

Toxicity factor value

10,000

1,000

100

10

1

0

1.0

10,000

1,000

100

10

1

0

0.4

4,000

400

40

4

0.4

0

0.07

700

70

7

0.7

0.07

0

0.0007

7

0.7

0.07

0.007

0.0007

0

a Do not round to nearest integer.

4.1.2.3 Drinking water threat-targets. Evaluate the targets factor category for each watershed based on three factors: nearest intake, population, and resources.

To evaluate the nearest intake and population factors, determine whether the target surface water intakes are subject to actual or potential contamination as specified in section 4.1.1.2. Use either an observed release based on direct observation at the intake or the exposure concentrations from samples (or comparable samples) taken at or beyond the intake to make this determination (see section 4.1.2.1.1). The exposure concentrations for a sample (that is, surface water, benthic, or sediment sample) consist of the concentrations of those hazardous substances present that are significantly above background levels and attributable at least in part to the site (that is, those hazardous substance concentrations that meet the criteria for an observed release).

When an intake is subject to actual contamination, evaluate it using Level I concentrations or Level II concentrations. If the actual contamination is based on an observed release by direct observation, use Level II concentrations for that intake. However, if the actual contamination is based on an observed release from samples, determine which level applies for the intake by comparing the exposure concentrations from samples (or comparable samples) to health-based benchmarks as specified in sections 2.5.1 and 2.5.2. Use the health-based benchmarks from table 3-10 (section 3.3.1) in determining the level of contamination from samples. For contaminated sediments with no identified source, evaluate the actual contamination using Level II concentrations (see section 4.1.1.2).

4.1.2.3.1 Nearest intake. Evaluate the nearest intake factor based on the drinking water intakes along the overland/flood hazardous substance migration path for the watershed. Include standby intakes in evaluating this factor only if they are used for supply at least once a year.

Assign the nearest intake factor a value as follows and enter the value in table 4-1:

• If one or more of these drinking water intakes is subject to Level I concentrations as specified in section 4.1.2.3, assign a factor value of 50.

• If not, but if one or more of these drinking water intakes is subject to Level II concentrations, assign a factor value of 45.

• If none of these drinking water intakes is subject to Level I or Level II concentrations, determine the nearest of these drinking water intakes, as measured from the probable point of entry (or from the point where measurement begins for contaminated sediments with no identified source). Assign a dilution weight from table 4-13 to this intake, based on the type of surface water body in which it is located. Multiply this dilution weight by 20, round the product to the nearest integer, and assign it as the factor value.

Assign the dilution weight from table 4-13 as follows:

Table 4-13—Surface Water Dilution Weights

Type of surface water body a

Assigned dilution weight b

Descriptor

Flow characteristics

Minimal stream

Less than 10 cfs c

1

Small to moderate stream

10 to 100 cfs

0.1

Moderate to large stream

Greater than 100 to 1,000 cfs

0.01

Large stream to river

Greater than 1,000 to 10,000 cfs

0.001

Large river

Greater than 10,000 to 100,000 cfs

0.0001

Very large river

Greater than 100,000 cfs

0.00001

Coastal tidal waters d

Flow not applicable, depth not applicable

0.0001

Shallow ocean zone e or Great Lake

Flow not applicable, depth less than 20 feet

0.0001

Moderate depth ocean zone e or Great Lake

Flow not applicable, depth 20 to 200 feet

0.00001

Deep ocean zone e or Great Lake

Flow not applicable, depth greater than 200 feet

0.000005

3-mile mixing zone in quiet flowing river

10 cfs or greater

0.5

a Treat each lake as a separate type of water body and assign a dilution weight as specified in text.

b Do not round to nearest integer.

c cfs = cubic feet per second.

d Embayments, harbors, sounds, estuaries, back bays, lagoons, wetlands, etc., seaward from mouths of rivers and landward from baseline of Territorial Sea.

e Seaward from baseline of Territorial Sea. This baseline represents the generalized U.S. coastline. It is parallel to the seaward limit of the Territorial Sea and other maritime limits such as the inner boundary of the Federal fisheries jurisdiction and the limit of States jurisdiction under the Submerged Lands Act, as amended.

• For a river (that is, surface water body types specified in table 4-13 as minimal stream through very large river), assign a dilution weight based on the average annual flow in the river at the intake. If available, use the average annual discharge as defined in the U.S. Geological Survey Water Resources Data Annual Report. Otherwise, estimate the average annual flow.

• For a lake, assign a dilution weight as follows:

-For a lake that has surface water flow entering the lake, assign a dilution weight based on the sum of the average annual flows for the surface water bodies entering the lake up to the point of the intake.

-For a lake that has no surface water flow entering, but that does have surface water flow leaving, assign a dilution weight based on the sum of the average annual flows for the surface water bodies leaving the lake.

-For a closed lake (that is, a lake without surface water flow entering or leaving), assign a dilution weight based on the average annual ground water flow into the lake, if available, using the dilution weight for the corresponding river flow rate in table 4-13. If not available, assign a default dilution weight of 1.

• For the ocean and the Great Lakes, assign a dilution weight based on depth.

• For coastal tidal waters, assign a dilution weight of 0.0001; do not consider depth or flow.

• For a quiet-flowing river that has average annual flow of 10 cubic feet per second (cfs) or greater and that contains the probable point of entry to surface water, apply a zone of mixing in assigning the dilution weight:

-Start the zone of mixing at the probable point of entry and extend it for 3 miles from the probable point of entry, except: if the surface water characteristics change to turbulent within this 3-mile distance, extend the zone of mixing only to the point at which the change occurs.

-Assign a dilution weight of 0.5 to any intake that lies within this zone of mixing.

-Beyond this zone of mixing, assign a dilution weight the same as for any other river (that is, assign the dilution weight based on average annual flow).

-Treat a quiet-flowing river with an average annual flow of less than 10 cfs the same as any other river (that is, assign it a dilution weight of 1).

In those cases where water flows from a surface water body with a lower assigned dilution weight (from table 4-13) to a surface water body with a higher assigned dilution weight (that is, water flows from a surface water body with more dilution to one with less dilution), use the lower assigned dilution weight as the dilution weight for the latter surface water body.

4.1.2.3.2 Population. In evaluating the population factor, include only persons served by drinking water drawn from intakes that are along the overland/flood hazardous substance migration path for the watershed and that are within the target distance limit specified in section 4.1.1.2. Include residents, students, and workers who regularly use the water. Exclude transient populations such as customers and travelers passing through the area. When a standby intake is maintained on a regular basis so that water can be withdrawn, include it in evaluating the population factor.

In estimating residential population, when the estimate is based on the number of residences, multiply each residence by the average number of persons per residence for the county in which the residence is located.

In estimating the population served by an intake, if the water from the intake is blended with other water (for example, water from other surface water intakes or ground water wells), apportion the total population regularly served by the blended system to the intake based on the intake's relative contribution to the total blended system. In estimating the intake's relative contribution, assume each well or intake contributes equally and apportion the population accordingly, except: if the relative contribution of any one intake or well exceeds 40 percent based on average annual pumpage or capacity, estimate the relative contribution of the wells and intakes considering the following data, if available:

• Average annual pumpage from the ground water wells and surface water intakes in the blended system.

• Capacities of the wells and intakes in the blended system.

For systems with standby surface water intakes or standby ground water wells, apportion the total population regularly served by the blended system as described above, except:

• Exclude standby ground water wells in apportioning the population.

• When using pumpage data for a standby surface water intake, use average pumpage for the period during which the standby intake is used rather than average annual pumpage.

• For that portion of the total population that could be apportioned to a standby surface water intake, assign that portion of the population either to that standby intake or to the other surface water intake(s) and ground water well(s) that serve that population; do not assign that portion of the population both to the standby intake and to the other intake(s) and well(s) in the blended system. Use the apportioning that results in the highest population factor value. (Either include all standby intake(s) or exclude some or all of the standby intake(s) as appropriate to obtain this highest value.) Note that the specific standby intake(s) included or excluded and, thus, the specific apportioning may vary in evaluating different watersheds and in evaluating the ground water pathway.

4.1.2.3.2.1 Level of contamination. Evaluate the population factor based on three factors: Level I concentrations, Level II concentrations, and potential contamination. Determine which factor applies for an intake as specified in section 4.1.2.3. Evaluate intakes subject to Level I concentration as specified in section 4.1.2.3.2.2, intakes subject to Level II concentration as specified in section 4.1.2.3.2.3, and intakes subject to potential contamination as specified in section 4.1.2.3.2.4.

For the potential contamination factor, use population ranges in evaluating the factor as specified in section 4.1.2.3.2.4. For the Level I and Level II concentrations factors, use the population estimate, not population ranges, in evaluating both factors.

4.1.2.3.2.2 Level I concentrations. Sum the number of people served by drinking water from intakes subject to Level I concentrations. Multiply this sum by 10. Assign this product as the value for this factor. Enter this value in table 4-1.

4.1.2.3.2.3 Level II concentrations. Sum the number of people served by drinking water from intakes subject to Level II concentrations. Do not include people already counted under the Level I concentrations factor. Assign this sum as the value for this factor. Enter this value in table 4-1.

4.1.2.3.2.4 Potential contamination. For each applicable type of surface water body in table 4-14, first determine the number of people served by drinking water from intakes subject to potential contamination in that type of surface water body. Do not include those people already counted under the Level I and Level II concentrations factors.

Table 4-14—Dilution-Weighted Population Values for Potential Contamination Factor For Surface Water Migration Pathway a

Type of surface water body b

Number of people

0

1 to 10

11 to 30

31 to 100

101 to 300

301 to 1,000

1,001 to 3,000

3,001 to 10,000

10,001 to 30,000

30,001 to 100,000

100,001 to 300,000

300,001 to 1,000,000

1,000,001 to 3,000,000

3,000,001 to 10,000,000

Minimal stream (<10 cfs)

0

4

17

53

164

522

1,633

5,214

16,325

52,137

163,246

521,360

1,632,455

5,213,590

Small to moderate stream (10 to 100 cfs)

0

0.4

2

5

16

52

163

521

1,633

5,214

16,325

52,136

163,245

521,359

Moderate to large stream (>100 to 1,000 cfs)

0

0.04

0.2

0.5

2

5

16

52

163

521

1,633

5,214

16,325

52,136

Large stream to river (>1,000 to 10,000 cfs)

0

0.004

0.02

0.05

0.2

0.5

2

5

16

52

163

521

1,632

5,214

Large river (>10,000 to 100,000 cfs)

0

0

0.002

0.005

0.02

0.05

0.2

0.5

2

5

16

52

163

521

Very large river (>100,000 cfs)

0

0

0

0.001

0.002

0.005

0.02

0.05

0.2

0.5

2

5

16

52

Shallow ocean zone or Great Lake (depth <20 feet)

0

0

0.002

0.005

0.02

0.05

0.2

0.5

2

5

16

52

163

521

Moderate ocean zone or Great Lake (depth 20 to 200 feet)

0

0

0

0.001

0.002

0.005

0.02

0.05

0.2

0.5

2

5

16

52

Deep ocean zone or Great Lakes (depth >200 feet)

0

0

0

0

0.001

0.003

0.008

0.03

0.08

0.3

1

3

8

26

3-mile mixing zone in quiet flowing river (≥10 cfs)

0

2

9

26

82

261

817

2,607

8,163

26,068

81,623

260,680

816,227

2,606,795

a Round the number of people to nearest integer. Do not round the assigned dilution-weighted population value to nearest integer.

b Treat each lake as a separate type of water body and assign it a dilution-weighted population value using the surface water body type with the same dilution-weighted from table 4-13 as the lake. If drinking water is withdrawn from coastal tidal water or the ocean, assign a dilution-weighted population value to it using the surface water body type with the same dilution weight from table 4-13 as the coastal tidal water or the ocean zone.

For each type of surface water body, assign a dilution-weighted population value from table 4-14, based on the number of people included for that type of surface water body. (Note that the dilution-weighted population values in table 4-14 incorporate the dilution weights from table 4-13. Do not multiply the values from table 4-14 by these dilution weights.)

Calculate the value for the potential contamination factor (PC) for the watershed as follows:

where:

W i = Dilution-weighted population from table 4-14 for surface water body type i.

n = Number of different surface water body types in the watershed.

If PC is less than 1, do not round it to the nearest integer; if PC is 1 or more, round to the nearest integer. Enter this value for the potential contamination factor in table 4-1.

4.1.2.3.2.5 Calculation of population factor value. Sum the factor values for Level I concentrations, Level II concentrations, and potential contamination. Do not round this sum to the nearest integer. Assign this sum as the population factor value for the watershed. Enter this value in table 4-1.

4.1.2.3.3 Resources. To evaluate the resources factor for the watershed, select the highest value below that applies to the watershed. Assign this value as the resources factor value for the watershed. Enter this value in table 4-1.

Assign a value of 5 if, within the in-water segment of the hazardous substance migration path for the watershed, the surface water is used for one or more of the following purposes:

• Irrigation (5 acre minimum) of commercial food crops or commercial forage crops.

• Watering of commercial livestock.

• Ingredient in commercial food preparation.

• Major or designated water recreation area, excluding drinking water use.

Assign a value of 5 if, within the in-water segment of the hazardous substance migration path for the watershed, the surface water is not used for drinking water, but either of the following applies:

• Any portion of the surface water is designated by a State for drinking water use under section 305(a) of the Clean Water Act, as amended.

• Any portion of the surface water is usable for drinking water purposes.

Assign a value of 0 if none of the above applies.

4.1.2.3.4 Calculation of drinking water threat-targets factor category value. Sum the nearest intake, population, and resources factor values for the watershed. Do not round this sum to the nearest integer. Assign this sum as the drinking water threat-targets factor category value for the watershed. Enter this value in table 4-1.

4.1.2.4 Calculation of the drinking water threat score for a watershed. Multiply the drinking water threat factor category values for likelihood of release, waste char-

acteristics, and targets for the watershed, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum of 100, as the drinking water threat score for the watershed. Enter this value in table 4-1.

4.1.3 Human food chain threat. Evaluate the human food chain threat for each watershed based on three factor categories: likelihood of release, waste characteristics, and targets.

4.1.3.1 Human food chain threat-likelihood of release. Assign the same likelihood of release factor category value for the human food chain threat for the watershed as would be assigned in section 4.1.2.1.3 for the drinking water threat. Enter this value in table 4-1.

4.1.3.2 Human food chain threat-waste characteristics. Evaluate the waste characteristics factor category for each watershed based on two factors: toxicity/persistence/bioaccumulation and hazardous waste quantity.

4.1.3.2.1 Toxicity/persistence/bioaccumulation. Evaluate all those hazardous substances eligible to be evaluated for toxicity/persistence in the drinking water threat for the watershed (see section 4.1.2.2).

4.1.3.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in section 2.4.1.1.

4.1.3.2.1.2 Persistence. Assign a persistence factor value to each hazardous substance as specified for the drinking water threat (see section 4.1.2.2.1.2), except: use the predominant water category (that is, lakes; or rivers, oceans, coastal tidal waters, or Great Lakes) between the probable point of entry and the nearest fishery (not the nearest drinking water or resources intake) along the hazardous substance migration path for the watershed to determine which portion of table 4-10 to use. Determine the predominant water category based on distance as specified in section 4.1.2.2.1.2. For contaminated sediments with no identified source, use the point where measurement begins rather than the probable point of entry.

4.1.3.2.1.3 Bioaccumulation potential. Use the following data hierarchy to assign a bioaccumulation potential factor value to each hazardous substance:

• Bioconcentration factor (BCF) data.

• Logarithm of the n-octanol-water partition coefficient (log K ow ) data.

• Water solubility data.

Assign a bioaccumulation potential factor value to each hazardous substance from table 4-15.

If BCF data are available for any aquatic human food chain organism for the substance being evaluated, assign the bioaccumulation potential factor value to the hazardous substance as follows:

• If BCF data are available for both fresh water and salt water for the hazardous substance, use the BCF data that correspond to the type of water body (that is, fresh water or salt water) in which the fisheries are located to assign the bioaccumulation potential factor value to the hazardous substance.

• If, however, some of the fisheries being evaluated are in fresh water and some are in salt water, or if any are in brackish water, use the BCF data that yield the higher factor value to assign the bioaccumulation potential factor value to the hazardous substance.

• If BCF data are available for either fresh water or salt water, but not for both, use the available BCF data to assign the bioaccumulation potential factor value to the hazardous substance.

If BCF data are not available for the hazardous substance, use log K ow data to assign a bioaccumulation potential factor value to organic substances, but not to inorganic substances. If BCF data are not available, and if either log K ow data are not available, the log K ow is available but exceeds 6.0, or the substance is an inorganic substance, use water solubility data to assign a bioaccumulation potential factor value.

Table 4-15—Bioaccumulation Potential Factor Values a

If bioconcentration factor (BCF) data are available for any aquatic human food chain organism, assign a value as follows: b

BCF

Assigned value

Greater than or equal to 10,000

50,000

1,000 to less than 10,000

5,000

100 to less than 1,000

500

10 to less than 100

50

1 to less than 10

5

Less than 1

0.5

If BCF data are not available, and log K ow data are available and do not exceed 6.0, assign a value to an organic hazardous substance as follows (for inorganic hazardous substances, skip this step and proceed to the next):

Log K ow

Assigned value

5.5 to 6.0

50,000

4.5 to less than 5.5

5,000

3.2 to less than 4.5

500

2.0 to less than 3.2

50

0.8 to less than 2.0

5

Less than 0.8

0.5

If BCF data are not available, and if either Log K ow data are not available, a log K ow is available but exceeds 6.0, or the substance is an inorganic substance, assign a value as follows:

Table 4-15—Bioaccumulation Potential Factor Values a —Concluded

Water solubility (mg/l)

Assigned value

Less than 25

50,000

25 to 500

5,000

Greater than 500 to 1,500

500

Greater than 1,500

0.5

If none of these data are available, assign a value of 0.5.

a Do not round to nearest integer.

b See text for use of freshwater and saltwater BCF data.

Do not distinguish between fresh water and salt water in assigning the bioaccumulation potential factor value based on log K ow or water solubility data.

If none of these data are available, assign the hazardous substance a bioaccumulation potential factor value of 0.5.

4.1.3.2.1.4 Calculation of toxicity/persistence/bioaccumulation factor value. Assign each hazardous substance a toxicity/persistence factor value from table 4-12, based on the values assigned to the hazardous substance for the toxicity and persistence factors. Then assign each hazardous substance a toxicity/persistence/bioaccumulation factor value from table 4-16, based on the values assigned for the toxicity/persistence and bioaccumulation potential factors. Use the hazardous substance with the highest toxicity/persistence/bioaccumulation factor value for the watershed to assign the value to this factor. Enter this value in table 4-1.

Table 4-16—Toxicity/Persistence/Bioaccumulation Factor Values a

Toxicity persistence factor value

Bioaccumulation potential factor value

50,000

5,000

500

50

5

0.5

10,000

5 × 10 8

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

4,000

2 × 10 8

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

1,000

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

700

3.5 × 10 7

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

400

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

100

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

50

70

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

35

40

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

20

10

5 × 10 5

5 × 10 4

5,000

500

50

5

7

3.5 × 10 5

3.5 × 10 4

3,500

350

35

3.5

4

2 × 10 5

2 × 10 4

2,000

200

20

2

1

5 × 10 4

5,000

500

50

5

0.5

0.7

3.5 × 10 4

3,500

350

35

3.5

0.35

0.4

2 × 10 4

2,000

200

20

2

0.2

0.07

3,500

350

35

3.5

0.35

0.035

0.007

350

35

3.5

0.35

0.035

0.0035

0.0007

35

3.5

0.35

0.035

0.0035

0.00035

0

0

0

0

0

0

0

a Do not round to nearest integer.

4.1.3.2.2 Hazardous waste quantity. Assign the same factor value for hazardous waste quantity for the watershed as would be assigned in section 4.1.2.2.2 for the drinking water threat. Enter this value in table 4-1.

4.1.3.2.3 Calculation of human food chain threat-waste characteristics factor category value. For the hazardous substance selected for the watershed in section 4.1.3.2.1.4, use its toxicity/persistence factor value and bioaccumulation potential factor value as follows to assign a value to the waste characteristics factor category. First, multiply the toxicity/persistence factor value and the hazardous waste quantity factor value for the watershed, subject to a maximum product of 1 × 10

8 . Then multiply this product by the bioaccumulation potential factor value for this hazardous substance, subject to a maximum product of 1 × 10

12 . Based on this second product, assign a value from Table 2-7 (section 2.4.3.1) to the human food chain threat-waste characteristics factor category for the watershed. Enter this value in table 4-1.

4.1.3.3 Human food chain threat-targets. Evaluate two target factors for each watershed: food chain individual and population. For both factors, determine whether the target fisheries are subject to actual or potential human food chain contamination.

Consider a fishery (or portion of a fishery) within the target distance limit of the watershed to be subject to actual human food chain contamination if any of the following apply:

• A hazardous substance having a bioaccumulation potential factor value of 500 or greater is present either in an observed release by direct observation to the watershed or in a surface water or sediment sample from the watershed at a level that meets the criteria for an observed release to the watershed from the site, and at least a portion of the fishery is within the boundaries of the observed release (that is, it is located either at the point of direct observation or at or between the probable point of entry and the most distant sampling point establishing the observed release).

• The fishery is closed, and a hazardous substance for which the fishery has been closed has been documented in an observed release to the watershed from the site, and at least a portion of the fishery is within the boundaries of the observed release.

• A hazardous substance is present in a tissue sample from an essentially sessile, benthic, human food chain organism from the watershed at a level that meets the criteria for an observed release to the watershed from the site, and at least a portion of the fishery is within the boundaries of the observed release.

For a fishery that meets any of these three criteria, but that is not wholly within the boundaries of the observed release, consider only the portion of the fishery that is within the boundaries of the observed release to be subject to actual human food chain contamination. Consider the remainder of the fishery within the target distance limit to be subject to potential food chain contamination.

In addition, consider all other fisheries that are partially or wholly within the target distance limit for the watershed, including fisheries partially or wholly within the boundaries of an observed release for the watershed that do not meet any of the three criteria listed above, to be subject to potential human food chain contamination. If only a portion of the fishery is within the target distance limit for the watershed, include only that portion in evaluating the targets factor category.

When a fishery (or portion of a fishery) is subject to actual food chain contamination, determine the part of the fishery subject to Level I concentrations and the part subject to Level II concentrations. If the actual food chain contamination is based on direct observation, evaluate it using Level II concentrations. However, if the actual food chain contamination is based on samples from the watershed, use these samples and, if available, additional tissue samples from aquatic human food chain organisms as specified below, to determine the part subject to Level I concentrations and the part subject to Level II concentrations:

• Determine the level of actual contamination from samples (including tissue samples from essentially sessile, benthic organisms) that meet the criteria for actual food chain contamination by comparing the exposure concentrations (see section 4.1.2.3) from these samples (or comparable samples) to the health-based benchmarks from table 4-17, as described in section 2.5.1 and 2.5.2. Use only the exposure concentrations for those hazardous substances in the sample (or comparable samples) that meet the criteria for actual contamination of the fishery.

• In addition, determine the level of actual contamination from other tissue samples by comparing the concentrations of hazardous substances in the tissue samples (or comparable tissue samples) to the health-based benchmarks from table 4-17, as described in sections 2.5.1 and 2.5.2. Use only those additional tissue samples and only those hazardous substances in the tissue samples that meet all the following criteria:

-The tissue sample is from a location that is within the boundaries of the actual food chain contamination for the site (that is, either at the point of direct observation or at or between the probable point of entry and the most distant sample point meeting the criteria for actual food chain contamination).

-The tissue sample is from a species of aquatic human food chain organism that spends extended periods of time within the boundaries of the actual food chain contamination for the site and that is not an essentially sessile, benthic organism.

-The hazardous substance is a substance that is also present in a surface water, benthic, or sediment sample from within the target distance limit for the watershed and, for such a sample, meets the criteria for actual food chain contamination.

Table 4-17—Health-Based Benchmarks for Hazardous Substances in Human Food Chain

• Concentration corresponding to Food and Drug Administration Action Level (FDAAL) for fish or shellfish.

• Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 individual cancer risk for oral exposures.

• Screening concentration for noncancer toxicological responses corresponding to the Reference Dose (RfD) for oral exposures.

4.1.3.3.1 Food chain individual. Evaluate the food chain individual factor based on the fisheries (or portions of fisheries) within the target distance limit for the watershed. Assign this factor a value as follows:

• If any fishery (or portion of a fishery) is subject to Level I concentrations, assign a value of 50.

• If not, but if any fishery (or portion of a fishery) is subject to Level II concentrations, assign a value of 45.

• If not, but if there is an observed release of a hazardous substance having a bioaccumulation potential factor value of 500 or greater to surface water in the watershed and there is a fishery (or portion of a fishery) present anywhere within the target distance limit, assign a value of 20.

• If there is no observed release to surface water in the watershed or there is no observed release of a hazardous substance having a bioaccumulation potential factor value of 500 or greater, but there is a fishery (or portion of a fishery) present anywhere within the target distance limit, assign a value as follows:

-Using table 4-13, determine the highest dilution weight (that is, lowest amount of dilution) applicable to the fisheries (or portions of fisheries) within the target distance limit. Multiply this dilution weight by 20 and round to the nearest integer.

-Assign this calculated value as the factor value.

• If there are no fisheries (or portions of fisheries) within the target distance limit of the watershed, assign a value of 0.

Enter the value assigned in table 4-1.

4.1.3.3.2 Population. Evaluate the population factor for the watershed based on three factors: Level I concentrations, Level II concentrations, and potential human food chain contamination. Determine which factor applies for a fishery (or portion of a fishery) as specified in section 4.1.3.3.

4.1.3.3.2.1 Level I concentrations. Determine those fisheries (or portions of fisheries) within the watershed that are subject to Level I concentrations.

Estimate the human food chain population value for each fishery (or portion of a fishery) as follows:

• Estimate human food chain production for the fishery based on the estimated annual production (in pounds) of human food chain organisms (for example, fish, shellfish) for that fishery, except: if the fishery is closed and a hazardous substance for which the fishery has been closed has been documented in an observed release to the fishery from a source at the site, use the estimated annual production for the period prior to closure of the fishery or use the estimated annual production from comparable fisheries that are not closed.

• Assign the fishery a value for human food chain population from table 4-18, based on the estimated human food production for the fishery.

• Set boundaries between fisheries at those points where human food chain production changes or where the surface water dilution weight changes.

Sum the human food chain population value for each fishery (and portion of a fishery). Multiply this sum by 10. If the product is less than 1, do not round it to the nearest integer; if 1 or more, round to the nearest integer. Assign the resulting value as the Level I concentrations factor value. Enter this value in table 4-1.

4.1.3.3.2.2 Level II concentrations. Determine those fisheries (or portions of fisheries) within the watershed that are subject to Level II concentrations. Do not include any fisheries (or portions of fisheries) already counted under the Level I concentrations factor.

Assign each fishery (or portion of a fishery) a value for human food chain population from table 4-18, based on the estimated human food production for the fishery. Estimate the human food chain production for the fishery as specified in section 4.1.3.3.2.1.

Sum the human food chain population value for each fishery (and portion of a fishery). If this sum is less than 1, do not round it to the nearest integer; if 1 or more, round to the nearest integer. Assign the resulting value as the Level II concentrations factor value. Enter this value in table 4-1.

Table 4-18—Human Food Chain Population Values a

Human food chain production (pounds per year)

Assigned human food chain population value

0

0

Greater than 0 to 100

0.03

Greater than 100 to 1,000

0.3

Greater than 1,000 to 10,000

3

Greater than 10,000 to 100,000

31

Greater than 100,000 to 1,000,000

310

Greater than 10 6 to 10 7

3,100

Greater than 10 7 to 10 8

31,000

Greater than 10 8 to 10 9

310,000

Greater than 10 9

3,100,000

a Do not round to nearest integer.

4.1.3.3.2.3 Potential human food chain contamination. Determine those fisheries (or portions of fisheries) within the watershed that are subject to potential human food chain contamination. Do not include those fisheries (or portion of fisheries) already counted under the Level I or Level II concentrations factors.

Calculate the value for the potential human food chain contamination factor (PF) for the watershed as follows:

where:

P i = Human food chain population value for fishery i.

D i = Dilution weight from table 4-13 for fishery i.

n = Number of fisheries subject to potential human food chain contamination.

In calculating PF:

• Estimate the human food chain population value (P i ) for a fishery (or portion of a fishery) as specified in section 4.1.3.3.2.1.

• Assign the fishery (or portion of a fishery) a dilution weight as indicated in table 4-13 (section 4.1.2.3.1), except: do not assign a dilution weight of 0.5 for a “3-mile mixing zone in quiet flowing river”; instead assign a dilution weight based on the average annual flow.

If PF is less than 1, do not round it to the nearest integer; if PF is 1 or more, round to the nearest integer. Enter the value assigned in table 4-1.

4.1.3.3.2.4 Calculation of population factor value. Sum the values for the Level I concentrations, Level II concentrations, and potential human food chain contamination factors for the watershed. Do not round this sum to the nearest integer. Assign it as the population factor value for the watershed. Enter this value in table 4-1.

4.1.3.3.3 Calculation of human food chain threat-targets factor category value. Sum the food chain individual and population factor values for the watershed. Do not round this sum to the nearest integer. Assign it as the human food chain threat-targets factor category value for the watershed. Enter this value in table 4-1.

4.1.3.4 Calculation of human food chain threat score for a watershed. Multiply the human food chain threat factor category values for likelihood of release, waste characteristics, and targets for the watershed, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum of 100, as the human food chain threat score for the watershed. Enter this score in table 4-1.

4.1.4 Environmental threat. Evaluate the environmental threat for the watershed based on three factor categories: likelihood of release, waste characteristics, and targets.

4.1.4.1 Environmental threat-likelihood of release. Assign the same likelihood of release factor category value for the environmental threat for the watershed as would be assigned in section 4.1.2.1.3 for the drinking water threat. Enter this value in table 4-1.

4.1.4.2 Environmental threat-waste characteristics. Evaluate the waste characteristics factor category for each watershed based on two factors: ecosystem toxicity/persistence/bioaccumulation and hazardous waste quantity.

4.1.4.2.1 Ecosystem toxicity/persistence/bioaccumulation. Evaluate all those hazardous substances eligible to be evaluated for toxicity/persistence in the drinking water threat for the watershed (see section 4.1.2.2).

4.1.4.2.1.1 Ecosystem toxicity. Assign an ecosystem toxicity factor value from Table 4-19 to each hazardous substance on the basis of the following data hierarchy:

• EPA chronic Ambient Water Quality Criterion (AWQC) for the substance.

• EPA chronic Ambient Aquatic Life Advisory Concentrations (AALAC) for the substance.

• EPA acute AWQC for the substance.

• EPA acute AALAC for the substance.

• Lowest LC 50 value for the substance.

In assigning the ecosystem toxicity factor value to the hazardous substance:

• If either an EPA chronic AWQC or AALAC is available for the hazardous substance, use it to assign the ecosystem toxicity factor value. Use the chronic AWQC in preference to the chronic AALAC when both are available.

• If neither is available, use the EPA acute AWQC or AALAC to assign the ecosystem toxicity factor value. Use the acute AWQC in preference to the acute AALAC.

• If none of the chronic and acute AWQCs and AALACs is available, use the lowest LC 50 value to assign the ecosystem toxicity factor value.

• If an LC 50 value is also not available, assign an ecosystem toxicity factor value of 0 to the hazardous substance and use other hazardous substances for which data are available in evaluating the pathway.

If an ecosystem toxicity factor value of 0 is assigned to all hazardous substances eligible to be evaluated for the watershed (that is, insufficient data are available for evaluating all the substances), use a default value of 100 as the ecosystem toxicity factor value for all these hazardous substances.

With regard to the AWQC, AALAC, or LC 50 selected for assigning the ecosystem toxicity factor value to the hazardous substance:

• If values for the selected AWQC, AALAC, or LC 50 are available for both fresh water and marine water for the hazardous substance, use the value that corresponds to the type of water body (that is, fresh water or salt water) in which the sensitive environments are located to assign the ecosystem toxicity factor value to the hazardous substance.

• If, however, some of the sensitive environments being evaluated are in fresh water and some are in salt water, or if any are in brackish water, use the value (fresh water or marine) that yields the higher factor value to assign the ecosystem toxicity factor value to the hazardous substance.

• If a value for the selected AWQC, AALAC, or LC 50 is available for either fresh water or marine water, but not for both, use the available one to assign an ecosystem toxicity factor value to the hazardous substance.

Table 4-19—Ecosystem Toxicity Factor Values

If an EPA chronic AWQC a or AALAC b is available, assign a value as follows: c

EPA chronic AWQC or AALAC

Assigned value

Less than 1 µg/l

10,000

1 to 10 µg/l

1,000

Greater than 10 to 100 µg/l

100

Greater than 100 to 1,000 µg/l

10

Greater than 1,000 µg/l

1

If neither an EPA chronic AWQC nor EPA chronic AALAC is available, assign a value based on the EPA acute AWQC or AALAC as follows: c

EPA acute AWQC or AALAC

Assigned value

Less than 100 µg/l

10,000

100 to 1,000 µg/l

1,000

Greater than 1,000 to 10,000 µg/l

100

Greater than 10,000 to 100,000 µg/l

10

Greater than 100,000 µg/l

1

If neither an EPA chronic or acute AWQC nor EPA chronic or acute AALAC is available, assign a value from the LC 50 as follows:

LC 50

Assigned value

Less than 100 µg/l

10,000

100 to 1,000 µg/l

1,000

Greater than 1,000 to 10,000 µg/l

100

Greater than 10,000 to 100,000 µg/l

10

Greater than 100,000 µg/l

1

If none of the AWQCs and AALACs nor the LC 50 is available, assign a value of 0.

a AWQC—Ambient Water Quality Criteria.

b AALAC—Ambient Aquatic Life Advisory Concentrations.

c Use the AWQC value in preference to the AALAC when both are available. See text for use of fresh water and marine values.

4.1.4.2.1.2 Persistence. Assign a persistence factor value to each hazardous substance as specified in section 4.1.2.2.1.2, except: use the predominant water category (that is lakes; or rivers, oceans, coastal tidal waters, or Great Lakes) between the probable point of entry and the nearest sensitive environment (not the nearest drinking water or resources intake) along the hazardous substance migration path for the watershed to determine which portion of table 4-10 to use. Determine the predominant water category based on distance as specified in section 4.1.2.2.1.2. For contaminated sediments with no identified source, use the point where measurement begins rather than the probable point of entry.

4.1.4.2.1.3 Ecosystem bioaccumulation potential. Assign an ecosystem bioaccumulation potential factor value to each hazardous substance in the same manner specified for the bioaccumulation potential factor in section 4.1.3.2.1.3, except:

• Use BCF data for all aquatic organisms, not just for aquatic human food chain organisms.

• Use the BCF data that corresponds to the type of water body (that is, fresh water or salt water) in which the sensitive environments (not fisheries) are located.

4.1.4.2.1.4 Calculation of ecosystem toxicity/persistence/bioaccumulation factor value. Assign each hazardous substance an ecosystem toxicity/persistence factor value from table 4-20, based on the values assigned to the hazardous substance for the ecosystem toxicity and persistence factors. Then assign each hazardous substance an ecosystem toxicity/persistence/bioaccumulation factor value from table 4-21, based on the values assigned for the ecosystem toxicity/persistence and ecosystem bioaccumulation potential factors. Select the hazardous substance with the highest ecosystem toxicity/persistence/bioaccumulation factor value for the watershed and use it to assign the value to this factor. Enter this value in table 4-1.

Table 4-20—Ecosystem Toxicity/Persistence Factor Values a

Persistence factor value

Ecosystem toxicity factor value

10,000

1,000

100

10

1

0

1.0

10,000

1,000

100

10

1

0

0.4

4,000

400

40

4

0.4

0

0.07

700

70

7

0.7

0.07

0

0.0007

7

0.7

0.07

0.007

0.0007

0

a Do not round to nearest integer.

Table 4-21—Ecosystem Toxicity/Persistence/Bioaccumulation Factor Values a

Ecosystem toxicity persistence factor value

Ecosystem bioaccumulation potential factor value

50,000

5,000

500

50

5

0.5

10,000

5 × 10 8

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

4,000

2 × 10 8

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

1,000

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

700

3.5 × 10 7

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

400

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

100

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

50

70

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

35

40

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

20

10

5 × 10 5

5 × 10 4

5,000

500

50

5

7

3.5 × 10 5

3.5 × 10 4

3,500

350

35

3.5

4

2 × 10 5

2 × 10 4

2,000

200

20

2

1

5 × 10 4

5,000

500

50

5

0.5

0.7

3.5 × 10 4

3,500

350

35

3.5

0.35

0.4

2 × 10 4

2,000

200

20

2

0.2

0.07

3,500

350

35

3.5

0.35

0.035

0.007

350

35

3.5

0.35

0.035

0.0035

0.0007

35

3.5

0.35

0.035

0.0035

0.00035

0

0

0

0

0

0

0

a Do not round to nearest integer.

4.1.4.2.2 Hazardous waste quantity. Assign the same factor value for hazardous waste quantity for the watershed as would be assigned in section 4.1.2.2.2 for the drinking water threat. Enter this value in table 4-1.

4.1.4.2.3 Calculation of environmental threat-waste characteristics factor category value. For the hazardous substance selected for the watershed in section 4.1.4.2.1.4, use its ecosystem toxicity/persistence factor value and ecosystem bioaccumulation potential factor value as follows to assign a value to the waste characteristics factor category. First, multiply the ecosystem toxicity/persistence factor value and the hazardous waste quantity factor value for the watershed, subject to a maximum product of 1 × 10

8 . Then multiply this product by the ecosystem bioaccumulation potential factor value for this hazardous substance, subject to a maximum product of 1 × 10

12 . Based on this second product, assign a value from Table 2-7 (section 2.4.3.1) to the environmental threat-waste characteristics factor category for the watershed. Enter this value in table 4-1.

Table 4-22—Ecological-Based Benchmarks for Hazardous Substances in Surface Water

• Concentration corresponding to EPA Ambient Water Quality Criteria (AWQC) for protection of aquatic life (fresh water or marine).

• Concentration corresponding to EPA Ambient Aquatic Life Advisory Concentrations (AALAC).

• Select the appropriate AWQC and AALAC as follows:

-Use chronic value, if available; otherwise use acute value.

-If the sensitive environment being evaluated is in fresh water, use fresh water value, except: if no fresh water value is available, use marine value if available.

-If the sensitive environment being evaluated is in salt water, use marine value, except: if no marine value is available, use fresh water value if available.

-If the sensitive environment being evaluated is in both fresh water and salt water, or is in brackish water, use lower of fresh water or marine values.

Table 4-23—Sensitive Environments Rating Values

Sensitive environment

Assigned value

Critical habitat a for Federal designated endangered or threatened species

100

Marine Sanctuary

National Park

Designated Federal Wilderness Area

Areas identified under Coastal Zone Management Act b

Sensitive areas identified under National Estuary Program c or Near Coastal Waters Program d

Critical areas identified under the Clean Lakes Program e

National Monument f

National Seashore Recreational Area

National Lakeshore Recreational Area

Habitat known to be used by Federal designated or proposed endangered or threatened species

75

National Preserve

National or State Wildlife Refuge

Unit of Coastal Barrier Resources System

Coastal Barrier (undeveloped)

Federal land designated for protection of natural ecosystems

Administratively Proposed Federal Wilderness Area

Spawning areas critical g for the maintenance of fish/shellfish species within river, lake, or coastal tidal waters

Migratory pathways and feeding areas critical for maintenance of anadromous fish species within river reaches or areas in lakes or coastal tidal waters in which the fish spend extended periods of time

Terrestrial areas utilized for breeding by large or dense aggregations of animals h

National river reach designated as Recreational

Habitat known to be used by State designated endangered or threatened species

50

Habitat known to be used by species under review as to its Federal endangered or threatened status

Coastal Barrier (partially developed)

Federal designated Scenic or Wild River

State land designated for wildlife or game management

25

State designated Scenic or Wild River

State designated Natural Areas

Particular areas, relatively small in size, important to maintenance of unique biotic communities

State designated areas for protection or maintenance of aquatic life i

5

a Critical habitat as defined in 50 CFR 424.02.

b Areas identified in State Coastal Zone Management plans as requiring protection because of ecological value.

c National Estuary Program study areas (subareas within estuaries) identified in Comprehensive Conservation and Management Plans as requiring protection because they support critical life stages of key estuarine species (Section 320 of Clean Water Act, as amended).

d Near Coastal Waters as defined in Sections 104(b)(3), 304(1), 319, and 320 of Clean Water Act, as amended.

e Clean Lakes Program critical areas (subareas within lakes, or in some cases entire small lakes) identified by State Clean Lake Plans as critical habitat (Section 314 of Clean Water Act, as amended).

f Use only for air migration pathway.

g Limit to areas described as being used for intense or concentrated spawning by a given species.

h For the air migration pathway, limit to terrestrial vertebrate species. For the surface water migration pathway, limit to terrestrial vertebrate species with aquatic or semiaquatic foraging habits.

i Areas designated under Section 305(a) of Clean Water Act, as amended.

Table 4-24—Wetlands Rating Values for Surface Water Migration Pathway

Total length of wetlands a (miles)

Assigned value

Less than 0.1

0

0.1 to 1

25

Greater than 1 to 2

50

Greater than 2 to 3

75

Greater than 3 to 4

100

Greater than 4 to 8

150

Greater than 8 to 12

250

Greater than 12 to 16

350

Greater than 16 to 20

450

Greater than 20

500

a Wetlands as defined in 40 CFR section 230.3.

4.1.4.3 Environmental threat-targets. Evaluate the environmental threat-targets factor category for a watershed using one factor: sensitive environments.

4.1.4.3.1 Sensitive environments. Evaluate sensitive environments along the hazardous substance migration path for the watershed based on three factors: Level I concentrations, Level II concentrations, and potential contamination.

Determine which factor applies to each sensitive environment as specified in section 4.1.2.3, except: use ecological-based benchmarks (Table 4-22) rather than health-based benchmarks (Table 3-10) in determining the level of contamination from samples. In determining the level of actual contamination, use a point of direct observation anywhere within the sensitive environment or samples (that is, surface water, benthic, or sediment samples) taken anywhere within or beyond the sensitive environment (or anywhere adjacent to or beyond the sensitive environment if it is contiguous to the migration path).

4.1.4.3.1.1 Level I concentrations. Assign value(s) from table 4-23 to each sensitive environment subject to Level I concentrations.

For those sensitive environments that are wetlands, assign an additional value from table 4-24. In assigning a value from table 4-24, include only those portions of wetlands located along the hazardous substance migration path in the area of Level I concentrations. If a wetland is located partially along the area of Level I concentrations and partially along the area of Level II concentrations and/or potential contamination, then solely for purposes of table 4-24, count the portion(s) along the areas of Level II concentrations or potential contamination under the Level II concentrations factor (section 4.1.4.3.1.2) or potential contamination factor (section 4.1.4.3.1.3), as appropriate.

Estimate the total length of wetlands along the hazardous substance migration path (that is, wetland frontage) in the area of Level I concentrations and assign a value from table 4-24 based on this total length. Estimate this length as follows:

• For an isolated wetland or for a wetland where the probable point of entry to surface water is in the wetland, use the perimeter of that portion of the wetland subject to Level I concentrations as the length.

• For rivers, use the length of the wetlands contiguous to the in-water segment of the hazardous substance migration path (that is, wetland frontage).

• For lakes, oceans, coastal tidal waters, and Great Lakes, use the length of the wetlands along the shoreline within the target distance limit (that is, wetland frontage along the shoreline).

Calculate the Level I concentrations factor value (SH) for the watershed as follows:

where:

WH = Value assigned from table 4-24 to wetlands along the area of Level I concentrations.

S i = Value(s) assigned from table 4-23 to sensitive environment i.

n = Number of sensitive environments from table 4-23 subject to Level I concentrations.

Enter the value assigned in table 4-1.

4.1.4.3.1.2 Level II concentrations. Assign value(s) from table 4-23 to each sensitive environment subject to Level II concentrations. Do not include sensitive environments already counted for table 4-23 under the Level I concentrations factor for this watershed.

For those sensitive environments that are wetlands, assign an additional value from table 4-24. In assigning a value from table 4-24, include only those portions of wetlands located along the hazardous substance migration path in the area of Level II concentrations, as specified in section 4.1.4.3.1.1.

Estimate the total length of wetlands along the hazardous substance migration path (that is, wetland frontage) in the area of Level II concentrations and assign a value from table 4-24 based on this total length. Estimate this length as specified in section 4.1.4.3.1.1, except: for an isolated wetland or for a wetland where the probable point of entry to surface water is in the wetland, use the perimeter of that portion of the wetland subject to Level II (not Level I) concentrations as the length.

Calculate the Level II concentrations value (SL) for the watershed as follows:

where:

WL = Value assigned from table 4-24 to wetlands along the area of Level II concentrations.

S i = Value(s) assigned from table 4-23 to sensitive environment i.

n = Number of sensitive environments from table 4-23 subject to Level II concentrations.

Enter the value assigned in table 4-1.

4.1.4.3.1.3 Potential contamination. Assign value(s) from table 4-23 to each sensitive environment subject to potential contamination. Do not include sensitive environments already counted for table 4-23 under the Level I or Level II concentrations factors.

For each type of surface water body in table 4-13 (section 4.1.2.3.1), sum the value(s) assigned from table 4-23 to the sensitive environments along that type of surface water body, except: do not use the surface water body type “3-mile mixing zone in quiet flowing river.” If a sensitive environment is along two or more types of surface water bodies (for example, Wildlife Refuge contiguous to both a moderate stream and a large river), assign the sensitive environment only to that surface water body type having the highest dilution weight value from table 4-13.

For those sensitive environments that are wetlands, assign an additional value from table 4-24. In assigning a value from table 4-24, include only those portions of wetlands located along the hazardous substance migration path in the area of potential contamination, as specified in section 4.1.4.3.1.1. Aggregate these wetlands by type of surface water body, except: do not use the surface water body type “3-mile mixing zone in quiet flowing river.” Treat the wetlands aggregated within each type of surface water body as separate sensitive environments solely for purposes of applying table 4-24. Estimate the total length of the wetlands within each surface water body type as specified in section 4.1.4.3.1.1, except: for an isolated wetland or for a wetland where the probable point of entry to surface water is in the wetland, use the perimeter of that portion of the wetland subject to potential contamination (or the portion of that perimeter that is within the target distance limit) as the length. Assign a separate value from table 4-24 for each type of surface water body in the watershed.

Calculate the potential contamination factor value (SP) for the watershed as follows:

where:

S ij = Value(s) assigned from table 4-23 to sensitive environment i in surface water body type j.

n = Number of sensitive environments from table 4-23 subject to potential contamination.

W j = Value assigned from table 4-24 for wetlands along the area of potential contamination in surface water body type j.

D j = Dilution weight from table 4-13 for surface water body type j.

m = Number of different surface water body types from table 4-13 in the watershed.

If SP is less than 1, do not round it to the nearest integer; if SP is 1 or more, round to the nearest integer. Enter this value for the potential contamination factor in table 4-1.

4.1.4.3.1.4 Calculation of environmental threat-targets factor category value. Sum the values for the Level I concentrations, Level II concentrations, and potential contamination factors for the watershed. Do not round this sum to the nearest integer. Assign this sum as the environmental threat-targets factor category value for the watershed. Enter this value in table 4-1.

4.1.4.4 Calculation of environmental threat score for a watershed. Multiply the environmental threat factor category values for likelihood of release, waste characteristics, and targets for the watershed, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum of 60, as the environmental threat score for the watershed. Enter this score in table 4-1.

4.1.5 Calculation of overland/flood migration component score for a watershed. Sum the scores for the three threats for the watershed (that is, drinking water, human food chain, and environmental threats). Assign the resulting score, subject to a maximum value of 100, as the surface water overland/flood migration component score for the watershed. Enter this score in table 4-1.

4.1.6 Calculation of overland/flood migration component score. Select the highest surface water overland/flood migration component score from the watersheds evaluated. Assign this score as the surface water overland/flood migration component score for the site, subject to a maximum score of 100. Enter this score in table 4-1.

4.2 Ground water to surface water migration component. Use the ground water to surface water migration component to evaluate surface water threats that result from migration of hazardous substances from a source at the site to surface water via ground water. Evaluate three types of threats for this component: drinking water threat, human food chain threat, and environmental threat.

4.2.1 General considerations.

4.2.1.1 Eligible surface waters. Calculate ground water to surface water migration component scores only for surface waters (see section 4.0.2) for which all the following conditions are met:

• A portion of the surface water is within 1 mile of one or more sources at the site having a containment factor value greater than 0 (see section 4.2.2.1.2).

• No aquifer discontinuity is established between the source and the portion of the surface water within 1 mile of the source (see section 3.0.1.2.2). However, if hazardous substances have migrated across an apparent discontinuity within this 1 mile distance, do not consider a discontinuity present in scoring the site.

• The top of the uppermost aquifer is at or above the bottom of the surface water.

Do not evaluate this component for sites consisting solely of contaminated sediments with no identified source.

4.2.1.2 Definition of hazardous substance migration path for ground water to surface water migration component. The hazardous substance migration path includes both the ground water segment and the surface water in-water segment that hazardous substances would take as they migrate away from sources at the site:

• Restrict the ground water segment to migration via the uppermost aquifer between a source and the surface water.

• Begin the surface water in-water segment at the probable point of entry from the uppermost aquifer to the surface water. Identify the probable point of entry as that point of the surface water that yields the shortest straight-line distance, within the aquifer boundary (see section 3.0.1.2), from the sources at the site with a containment factor value greater than 0 to the surface water.

-For rivers, continue the in-water segment in the direction of flow (including any tidal flows) for the distance established by the target distance limit (see section 4.2.1.4).

-For lakes, oceans, coastal tidal waters, or Great Lakes, do not consider flow direction. Instead apply the target distance limit as an arc.

-If the in-water segment includes both rivers and lakes (or oceans, coastal tidal waters, or Great Lakes), apply the target distance limit to their combined in-water segments.

Consider a site to be in two or more watersheds for this component if two or more hazardous substance migration paths from the sources at the site do not reach a common point within the target distance limit. If the site is in more than one watershed, define a separate hazardous substance migration path for each watershed. Evaluate the ground water to surface water migration component for each watershed separately as specified in section 4.2.1.5.

4.2.1.3 Observed release of a specific hazardous substance to surface water in-water segment. Section 4.2.2.1.1 specifies the criteria for assigning values to the observed release factor for the ground water to surface water migration component. With regard to an individual hazardous substance, consider an observed release of that hazardous substance to be established for the surface water in-water segment of the ground water to surface water migration component only when the hazardous substance meets the criteria both for an observed release both to ground water (see section 4.2.2.1.1) and for an observed release by chemical analysis to surface water (see section 4.1.2.1.1).

If the hazardous substance meets the section 4.1.2.1.1 criteria for an observed release by chemical analysis to surface water but does not also meet the criteria for an observed release to ground water, do not use any samples of that hazardous substance from the surface water in-water segment in evaluating the factors of this component (for example, do not use the hazardous substance in establishing targets subject to actual contamination or in determining the level of actual contamination for a target).

4.2.1.4 Target distance limit. Determine the target distance limit for each watershed as specified in section 4.1.1.2, except: do not extend the target distance limit to a sample location beyond 15 miles unless at least one hazardous substance in a sample from that location meets the criteria in section 4.2.1.3 for an observed release to the surface water in-water segment.

Determine the targets eligible to be evaluated for each watershed and establish whether these targets are subject to actual or potential contamination as specified in section 4.1.1.2, except: do not establish actual contamination based on a sample location unless at least one hazardous substance in a sample from that location meets the criteria in section 4.2.1.3 for an observed release to the surface water in-water segment.

4.2.1.5 Evaluation of ground water to surface water migration component. Evaluate the drinking water threat, human food chain threat, and environmental threat for each watershed for this component based on three factor categories: likelihood of release, waste characteristics, and targets. Figure 4-2 indicates the factors included within each factor category for each type of threat.

Determine the ground water to surface water migration component score (S gs ) for a watershed in terms of the factor category values as follows:

where:

LR i = Likelihood of release factor category value for threat i (that is, drinking water, human food chain, or environmental threat).

WC i = Waste characteristics factor category value for threat i.

T i = Targets factor category value for threat i.

SF = Scaling factor.

Table 4-25 outlines the specific calculation procedure.

If the site is in only one watershed, assign the ground water to surface water migration component score for that watershed as the ground water to surface water migration component score for the site.

If the site is in more than one watershed:

• Calculate a separate ground water to surface water migration component score for each watershed, using likelihood of release, waste characteristics, and targets applicable to each watershed.

• Select the highest ground water to surface water migration component score from the watersheds evaluated and assign it as the ground water to surface water migration component score for the site.

Table 4-25—Ground Water to Surface Water Migration Component Scoresheet

Factor categories and factors

Maximum value

Value assigned

Drinking Water Threat

Likelihood of Release to Aquifer:

1. Observed Release

550

______

2. Potential to Release:

2a. Containment

10

______

2b. Net Precipitation

10

______

2c. Depth to Aquifer

5

______

2d. Travel Time

35

______

2e. Potential to Release (lines 2a[2b + 2c + 2d])

500

______

3. Likelihood of Release (higher of lines 1 and 2e)

550

______

Waste Characteristics:

4. Toxicity/Mobility/Persistence

(a)

______

5. Hazardous Waste Quantity

(a)

______

6. Waste Characteristics

100

______

Targets:

7. Nearest Intake

50

______

8. Population

8a. Level I Concentrations

(b)

______

8b. Level II Concentrations

(b)

______

8c. Potential Contamination

(b)

______

8d. Population (lines 8a + 8b + 8c)

______

9. Resources

5

______

10. Targets (lines 7 + 8d + 9)

(b)

______

Drinking Water Threat Score:

11. Drinking Water Threat Score ([lines 3 × 6 × 10]/82,500, subject to a maximum of 100)

100

______

Human Food Chain Threat

Likelihood of Release:

12. Likelihood of Release (same value as line 3)

550

______

Waste Characteristics:

13. Toxicity/Mobility/Persistence/Bioaccumulation

(a)

______

14. Hazardous Waste Quantity

(a)

______

15. Waste Characteristics

1,000

______

Targets:

16. Food Chain Individual

50

______

17. Population:

17a. Level I Concentrations

(b)

______

17b. Level II Concentrations

(b)

______

17c. Potential Human Food Chain Contamination

(b)

______

17d. Population (lines 17a + 17b + 17c)

(b)

______

18. Targets (Lines 16 + 17d)

(b)

______

Human Food Chain Threat Score:

19. Human Food Chain Threat Score ([lines 12 × 15 × 18]/82,500, subject to a maximum of 100)

100

______

Environmental Threat

Likelihood of Release:

20. Likelihood of Release (same value as line 3)

550

______

Waste Characteristics:

21. Ecosystem Toxicity/Mobility/Persistence/Bioaccumulation

(a)

______

22. Hazardous Waste Quantity

(a)

______

23. Waste Characteristics

1,000

______

Targets:

24. Sensitive Environments:

24a. Level I Concentrations

(b)

______

24b. Level II Concentrations

(b)

______

24c. Potential Contamination

(b)

______

24d. Sensitive Environments (lines 24a + 24b + 24c)

(b)

______

25. Targets (value from line 24d)

(b)

______

Environmental Threat Score:

26. Environmental Threat Score ([lines 20 × 23 × 25]/82,500, subject to a maximum of 60)

60

______

Ground Water to Surface Water Migration Component Score for a Watershed

27. Watershed Score c (lines 11 + 19 + 26, subject to a maximum of 100)

100

______

28. Component Score (S gs ) c (highest score from Line 27 for all watersheds evaluated, subject to a maximum of 100)

100

______

a Maximum value applies to waste characteristics category.

b Maximum value not applicable.

c Do not round to nearest integer.

4.2.2 Drinking water threat. Evaluate the drinking water threat for each watershed based on three factor categories: likelihood of release, waste characteristics, and targets.

4.2.2.1 Drinking water threat-likelihood of release. Evaluate the likelihood of release factor category for each watershed in terms of an observed release factor or a potential to release factor.

4.2.2.1.1 Observed release. Establish an observed release to the uppermost aquifer as specified in section 3.1.1. If an observed release can be established for the uppermost aquifer, assign an observed release factor value of 550 to that watershed, enter this value in table 4-25, and proceed to section 4.2.2.1.3. If no observed release can be established, assign an observed release factor value of 0, enter this value in table 4-25, and proceed to section 4.2.2.1.2.

4.2.2.1.2 Potential to release. Evaluate potential to release only if an observed release cannot be established for the uppermost aquifer. Calculate a potential to release value for the uppermost aquifer as specified in section 3.1.2 and sections 3.1.2.1 through 3.1.2.5. Assign the potential to release value for the uppermost aquifer as the potential to release factor value for the watershed. Enter this value in table 4-25.

4.2.2.1.3 Calculation of drinking water threat-likelihood of release factor category value. If an observed release is established for the uppermost aquifer, assign the observed release factor value of 550 as the likelihood of release factor category value for the watershed. Otherwise, assign the potential to release factor value as the likelihood of release factor category value for the watershed. Enter the value assigned in table 4-25.

4.2.2.2 Drinking water threat-waste characteristics. Evaluate the waste characteristics factor category for each watershed based on two factors: toxicity/mobility/persistence and hazardous waste quantity. Evaluate only those hazardous substances available to migrate from the sources at the site to the uppermost aquifer (see section 3.2). Such hazardous substances include:

• Hazardous substances that meet the criteria for an observed release to ground water.

• All hazardous substances associated with a source that has a ground water containment factor value greater than 0 (see sections 2.2.2, 2.2.3, and 3.1.2.1).

4.2.2.2.1 Toxicity/mobility/persistence. For each hazardous substance, assign a toxicity factor value, a mobility factor value, a persistence factor value, and a combined toxicity/mobility/persistence factor value as specified in sections 4.2.2.2.1.1 through 4.2.2.2.1.4.

4.2.2.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in section 2.4.1.1.

4.2.2.2.1.2 Mobility. Assign a ground water mobility factor value to each hazardous substance as specified in section 3.2.1.2.

4.2.2.2.1.3 Persistence. Assign a surface water persistence factor value to each hazardous substance as specified in section 4.1.2.2.1.2.

4.2.2.2.1.4 Calculation of toxicity/mobility/persistence factor value. First, assign each hazardous substance a toxicity/mobility factor value from table 3-9 (section 3.2.1.3), based on the values assigned to the hazardous substance for the toxicity and mobility factors. Then assign each hazardous substance a toxicity/mobility/persistence factor value from table 4-26, based on the values assigned for the toxicity/mobility and persistence factors. Use the substance with the highest toxicity/mobility/ persistence factor value for the watershed to assign the value to this factor. Enter this value in table 4-25.

4.2.2.2.2 Hazardous waste quantity. Assign the same factor value for hazardous waste quantity for the watershed as would be assigned for the uppermost aquifer in section 3.2.2. Enter this value in table 4-25.

4.2.2.2.3 Calculation of drinking water threat-waste characteristics factor category value. Multiply the toxicity/mobility/persistence and hazardous waste quantity factor values for the watershed, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from table 2-7 (section 2.4.3.1) to the drinking water threat-waste characteristics factor category for the watershed. Enter this value in table 4-25.

4.2.2.3 Drinking water threat-targets. Evaluate the targets factor category for each watershed based on three factors: nearest intake, population, and resources.

Table 4-26—Toxicity/Mobility/Persistence Factor Values a

Toxicity/mobility factor value

Persistence factor value

1.0

0.4

0.07

0.0007

10,000

10,000

4,000

700

7

2,000

2,000

800

140

1.4

1,000

1,000

400

70

0.7

200

200

80

14

0.14

100

100

40

7

0.07

20

20

8

1.4

0.014

10

10

4

0.7

0.007

2

2

0.8

0.14

0.0014

1

1

0.4

0.07

7 × 10 −4

0.2

0.2

0.08

0.014

1.4 × 10 −4

0.1

0.1

0.04

0.007

7 × 10 −5

0.02

0.02

0.008

0.0014

1.4 × 10 −5

0.01

0.01

0.004

7 × 10 −4

7 × 10 −6

0.002

0.002

8 × 10 −4

1.4 × 10 −4

1.4 × 10 −6

0.001

0.001

4 × 10 −4

7 × 10 −5

7 × 10 −7

2 × 10 −4

2 × 10 −4

8 × 10 −5

1.4 × 10 −5

1.4 × 10 −7

1 × 10 −4

1 × 10 −4

4 × 10 −5

7 × 10 −6

7 × 10 −8

2 × 10 −5

2 × 10 −5

8 × 10 −6

1.4 × 10 −6

1.4 × 10 −8

2 × 10 −6

2 × 10 −6

8 × 10 −7

1.4 × 10 −7

1.4 × 10 −9

2 × 10 −7

2 × 10 −7

8 × 10 −8

1.4 × 10 −8

1.4 × 10 −10

2 × 10 −8

2 × 10 −8

8 × 10 −9

1.4 × 10 −9

1.4 × 10 −11

2 × 10 −9

2 × 10 −9

8 × 10 −10

1.4 × 10 −10

1.4 × 10 −12

0

0

0

0

0

a Do not round to nearest integer.

For the nearest intake and population factors, determine whether the target surface water intakes are subject to actual or potential contamination as specified in section 4.1.1.2, subject to the restrictions specified in sections 4.2.1.3 and 4.2.1.4.

When the intake is subject to actual contamination, evaluate it using Level I concentrations or Level II concentrations. Determine which level applies for the intake by comparing the exposure concentrations from a sample (or comparable samples) to health-based benchmarks as specified in section 4.1.2.3, except use only those samples from the surface water in-water segment and only those hazardous substances in such samples that meet the conditions in sections 4.2.1.3 and 4.2.1.4.

4.2.2.3.1 Nearest intake. Assign a value to the nearest intake factor as specified in section 4.1.2.3.1 with the following modification. For the intake being evaluated, multiply its dilution weight from table 4-13 (section 4.1.2.3.1) by a value selected from table 4-27. Use the resulting product, not the value from table 4-13, as the dilution weight for the intake for the ground water to surface water component. Do not round this product to the nearest integer.

Select the value from table 4-27 based on the angle Θ, the angle defined by the sources at the site and either the two points at the intersection of the surface water body and the 1-mile distance ring of any two other points of the surface water body within the 1-mile distance ring, whichever results in the largest angle. (See Figure 4-3 for an example of how to determine Θ.) If the surface water body does not extend to the 1-mile ring at one or both ends, define Θ using the surface water endpoint(s) within the 1-mile ring or any two other points of the surface water body within the 1-mile distance ring, whichever results in the largest angle.

Table 4-27—Dilution Weight Adjustments

Angle Θ (degrees)

Assigned value a

0

0

Greater than 0 to 18

0.05

Greater than 18 to 54

0.1

Greater than 54 to 90

0.2

Greater than 90 to 126

0.3

Greater than 126 to 162

0.4

Greater than 162 to 198

0.5

Greater than 198 to 234

0.6

Greater than 234 to 270

0.7

Greater than 270 to 306

0.8

Greater than 306 to 342

0.9

Greater than 342 to 360

1.0

a Do not round to nearest integer.

Table 4-28—Toxicity/Mobility/Persistence/Bioaccumulation Factor Values a

Toxicity/mobility/persistence factor value

Bioaccumlation potential factor value

50,000

5,000

500

50

5

0.5

10,000

5 × 10 8

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

4,000

2 × 10 8

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

2,000

1 × 10 8

1 × 10 7

1 × 10 6

1 × 10 5

1 × 10 4

1,000

1,000

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

800

4 × 10 7

4 × 10 6

4 × 10 5

4 × 10 4

4,000

400

700

3.5 × 10 7

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

400

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

200

1 × 10 7

1 × 10 6

1 × 10 5

1 × 10 4

1,000

100

140

7 × 10 6

7 × 10 5

7 × 10 4

7,000

700

70

100

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

50

80

4 × 10 6

4 × 10 5

4 × 10 4

4,000

400

40

70

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

35

40

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

20

20

1 × 10 6

1 × 10 5

1 × 10 4

1,000

100

10

14

7 × 10 5

7 × 10 4

7,000

700

70

7

10

5 × 10 5

5 × 10 4

5,000

500

50

5

8

4 × 10 5

4 × 10 4

4,000

400

40

4

7

3.5 × 10 5

3.5 × 10 4

3,500

350

35

3.5

4

2 × 10 5

2 × 10 4

2,000

200

20

2

2

1 × 10 5

1 × 10 4

1,000

100

10

1

1.4

7 × 10 4

7,000

700

70

7

0.7

1.0

5 × 10 4

5,000

500

50

5

0.5

0.8

4 × 10 4

4,000

400

40

4

0.4

0.7

3.5 × 10 4

3,500

350

35

3.5

0.35

0.4

2 × 10 4

2,000

200

20

2

0.2

0.2

1 × 10 4

1,000

100

10

1

0.1

0.14

7,000

700

70

7

0.7

0.07

0.1

5,000

500

50

5

0.5

0.05

0.08

4,000

400

40

4

0.4

0.04

0.07

3,500

350

35

3.5

0.35

0.035

0.04

2,000

200

20

2

0.2

0.02

0.02

1,000

100

10

1

0.1

0.01

0.014

700

70

7

0.7

0.07

0.007

0.01

500

50

5

0.5

0.05

0.005

0.008

400

40

4

0.4

0.04

0.004

0.007

350

35

3.5

0.35

0.035

0.0035

0.004

200

20

2

0.2

0.02

0.002

0.002

100

10

1

0.1

0.01

0.001

0.0014

70

7

0.7

0.07

0.007

7 × 10 −4

0.001

50

5

0.5

0.05

0.005

5 × 10 −4

8 × 10 −4

40

4

0.4

0.04

0.004

4 × 10 −4

7 × 10 −4

35

3.5

0.035

0.035

0.0035

3.5 × 10 −4

4 × 10 −4

20

2

0.2

0.02

0.002

2 × 10 −4

2 × 10 −4

10

1

0.1

0.01

0.001

1 × 10 −4

1.4 × 10 −4

7

0.7

0.07

0.007

7 × 10 −4

7 × 10 −5

1 × 10 −4

5

0.5

0.05

0.005

5 × 10 −4

5 × 10 −5

8 × 10 −5

4

0.4

0.04

0.004

4 × 10 −4

4 × 10 −5

7 × 10 −5

3.5

0.35

0.035

0.0035

3.5 × 10 −4

3.5 × 10 −5

4 × 10 −5

2

0.2

0.02

0.002

2 × 10 −4

2 × 10 −5

2 × 10 −5

1

0.1

0.01

0.001

1 × 10 −4

1 × 10 −5

1.4 × 10 −5

0.7

0.07

0.007

7 × 10 −4

7 × 10 −5

7 × 10 −6

8 × 10 −6

0.4

0.04

0.004

4 × 10 −4

4 × 10 −5

4 × 10 −6

7 × 10 −6

0.35

0.035

0.0035

3.5 × 10 −4

3.5 × 10 −5

3.5 × 10 −6

2 × 10 −6

0.1

0.01

0.001

1 × 10 −4

1 × 10 −5

1 × 10 −6

1.4 × 10 −6

0.07

0.007

7 × 10 −4

7 × 10 −5

7 × 10 −6

7 × 10 −7

8 × 10 −7

0.04

0.004

4 × 10 −4

4 × 10 −5

4 × 10 −6

4 × 10 −7

7 × 10 −7

0.035

0.0035

3.5 × 10 −4

3.5 × 10 −5

3.5 × 10 −6

3.5 × 10 −7

2 × 10 −7

0.01

0.001

1 × 10 −4

1 × 10 −5

1 × 10 −6

1 × 10 −7

1.4 × 10 −7

0.007

7 × 10 −4

7 × 10 −5

7 × 10 −6

7 × 10 −7

7 × 10 −8

8 × 10 −8

0.004

4 × 10 −4

4 × 10 −5

4 × 10 −6

4 × 10 −7

4 × 10 −8

7 × 10 −8

0.0035

3.5 × 10 −4

3.5 × 10 −5

3.5 × 10 −6

3.5 × 10 −7

3.5 × 10 −8

2 × 10 −8

0.001

1 × 10 −4

1 × 10 −5

1 × 10 −6

1 × 10 −7

1 × 10 −8

1.4 × 10 −8

7 × 10 −4

7 × 10 −5

7 × 10 −6

7 × 10 −7

7 × 10 −8

7 × 10 −9

8 × 10 −9

4 × 10 −4

4 × 10 −5

4 × 10 −6

4 × 10 −7

4 × 10 −8

4 × 10 −9

2 × 10 −9

1 × 10 −4

1 × 10 −5

1 × 10 −6

1 × 10 −7

1 × 10 −8

1 × 10 −9

1.4 × 10 −9

7 × 10 −5

7 × 10 −6

7 × 10 −7

7 × 10 −8

7 × 10 −9

7 × 10 −10

8 × 10 −10

4 × 10 −5

4 × 10 −6

4 × 10 −7

4 × 10 −8

4 × 10 −9

4 × 10 −10

1.4 × 10 −10

7 × 10 −6

7 × 10 −7

7 × 10 −8

7 × 10 −9

7 × 10 −10

4 × 10 −11

1.4 × 10 −11

7 × 10 −7

7 × 10 −8

7 × 10 −9

7 × 10 −10

7 × 10 −11

7 × 10 −12

1.4 × 10 −12

7 × 10 −8

7 × 10 −9

7 × 10 −10

7 × 10 −11

7 × 10 −12

7 × 10 −13

0

0

0

0

0

0

0

a Do not round to nearest integer.

4.2.2.3.2 Population. Evaluate the population factor for the watershed based on three factors: Level I concentrations, Level II concentrations, and potential contamination. Determine which factor applies to an intake as specified in section 4.2.2.3. Determine the population to be counted for that intake as specified in section 4.1.2.3.2, using the target distance limits in section 4.2.1.4 and the hazardous substance migration path in section 4.2.1.2.

4.2.2.3.2.1 Level I concentrations. Assign a value to this factor as specified in section 4.1.2.3.2.2.

4.2.2.3.2.2 Level II concentrations. Assign a value to this factor as specified in section 4.1.2.3.2.3.

4.2.2.3.2.3 Potential contamination. For each applicable type of surface water body in table 4-14, determine the dilution-weighted population value as specified in section 4.1.2.3.2.4. Select the appropriate dilution weight adjustment value from table 4-27 as specified in section 4.2.2.3.1.

Calculate the value for the potential contamination factor (PC) for the watershed as follows:

where:

A = Dilution weight adjustment value from table 4-27.

W i = Dilution-weighted population from table 4-14 for surface water body type i.

n = Number of different surface water body types in the watershed.

If PC is less than 1, do not round it to the nearest integer; if PC is 1 or more, round to the nearest integer. Enter the value in table 4-25.

4.2.2.3.2.4 Calculation of population factor value. Sum the factor values for Level I concentrations, Level II concentrations, and potential contamination. Do not round this sum to the nearest integer. Assign this sum as the population factor value for the watershed. Enter this value in table 4-25.

4.2.2.3.3 Resources. Assign a value to the resources factor as specified in section 4.1.2.3.3.

4.2.2.3.4 Calculation of drinking water threat-targets factor category value. Sum the nearest intake, population, and resources factor values for the watershed. Do not round this sum to the nearest integer. Assign this sum as the drinking water threat-targets factor category value for the watershed. Enter this value in table 4-25.

4.2.2.4 Calculation of drinking water threat score for a watershed. Multiply the drinking water threat factor category values for likelihood of release, waste characteristics, and targets for the watershed, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum of 100, as the drinking water threat score for the watershed. Enter this score in table 4-25.

4.2.3 Human food chain threat. Evaluate the human food chain threat for a watershed based on three factor categories: likelihood of release, waste characteristics, and targets.

4.2.3.1 Human food chain threat-likelihood of release. Assign the same likelihood of release factor category value for the human food chain threat for the watershed as would be assigned in section 4.2.2.1.3 for the drinking water threat. Enter this value in table 4-25.

4.2.3.2 Human food chain threat-waste characteristics. Evaluate the waste characteristics factor category for each watershed based on two factors: toxicity/mobility/persistence/bioaccumulation and hazardous waste quantity.

4.2.3.2.1 Toxicity/mobility/persistence/bioaccumulation. Evaluate all those hazardous substances eligible to be evaluated for toxicity/mobility/persistence in the drinking water threat for the watershed (see section 4.2.2.2.1).

4.2.3.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in section 2.4.1.1.

4.2.3.2.1.2 Mobility. Assign a ground water mobility factor value to each hazardous substance as specified for the drinking water threat (see section 4.2.2.2.1.2).

4.2.3.2.1.3 Persistence. Assign a surface water persistence factor value to each hazardous substance as specified for the drinking water threat (see section 4.2.2.2.1.3), except: use the predominant water category (that is, lakes; or rivers, oceans, coastal tidal waters, or Great Lakes) between the probable point of entry and the nearest fishery (not the nearest drinking water or resources intake) along the hazardous substance migration path for the watershed to determine which portion of table 4-10 to use. Determine the predominant water category based on distance as specified in section 4.1.2.2.1.2.

4.2.3.2.1.4 Bioaccumulation potential. Assign a bioaccumulation potential factor value to each hazardous substance as specified in section 4.1.3.2.1.3.

4.2.3.2.1.5 Calculation of toxicity/mobility/persistence/ bioaccumulation factor value. Assign each hazardous substance a toxicity/mobility factor value from table 3-9 (section 3.2.1.3), based on the values assigned to the hazardous substance for the toxicity and mobility factors. Then assign each hazardous substance a toxicity/mobility/persistence factor value from table 4-26, based on the values assigned for the toxicity/mobility and persistence factors. Then assign each hazardous substance a toxicity/mobility/persistence/bioaccumulation factor value from table 4-28. Use the substance with the highest toxicity/mobility/persistence/bioaccumulation factor value for the watershed to assign the value to this factor for the watershed. Enter this value in table 4-25.

4.2.3.2.2 Hazardous waste quantity. Assign the same factor value for hazardous waste quantity for the watershed as would be assigned in section 4.2.2.2.2 for the drinking water threat. Enter this value in table 4-25.

4.2.3.2.3 Calculation of human food chain threat-waste characteristics factor category value. For the hazardous substance selected for the watershed in section 4.2.3.2.1.5, use its toxicity/mobility/ persistence factor value and bioaccumulation potential factor value as follows to assign a value to the waste characteristics factor category. First, multiply the toxicity/mobility/persistence factor value and the hazardous waste quantity factor value for the watershed, subject to a maximum product of 1 × 10

8 . Then multiply this product by the bioaccumulation potential factor value for this hazardous substance, subject to a maximum product of 1 × 10

12 . Based on this second product, assign a value from table 2-7 (section 2.4.3.1) to the human food chain threat-waste characteristics factor category for the watershed. Enter this value in table 4-25.

4.2.3.3 Human food chain threat-targets. Evaluate two target factors for the watershed: food chain individual and population.

For both factors, determine whether the target fisheries are subject to Level I concentrations, Level II concentrations, or potential human food chain contamination. Determine which applies to each fishery (or portion of a fishery) as specified in section 4.1.3.3, subject to the restrictions specified in sections 4.2.1.3 and 4.2.1.4.

4.2.3.3.1 Food chain individual. Assign a value to the food chain individual factor as specified in section 4.1.3.3.1 with the following modification. When a dilution weight is used, multiply the appropriate dilution weight from table 4-13 by the adjustment value selected from table 4-27, as specified in section 4.2.2.3.1. Use the resulting product, not the value from table 4-13, as the dilution weight in assigning the factor value. Do not round this product to the nearest integer. Enter the value assigned in table 4-25.

4.2.3.3.2 Population. Evaluate the population factor for the watershed based on three factors: Level I concentrations, Level II concentrations, and potential human food chain contamination. Determine which of these factors is to be applied to each fishery as specified in section 4.2.3.3.

4.2.3.3.2.1 Level I concentrations. Assign a value to this factor as specified in section 4.1.3.3.2.1. Enter this value in table 4-25.

4.2.3.3.2.2 Level II concentrations. Assign a value to this factor as specified in section 4.1.3.3.2.2. Enter this value in table 4-25.

4.2.3.3.2.3 Potential human food chain contamination. Assign a value to this factor as specified in section 4.1.3.3.2.3 with the following modification. For each fishery being evaluated, multiply the appropriate dilution weight for that fishery from table 4-13 by the adjustment value selected from table 4-27, as specified in section 4.2.2.3.1. Use the resulting product, not the value from table 4-13, as the dilution weight for the fishery. Do not round this product to the nearest integer. Enter the value assigned in table 4-25.

4.2.3.3.2.4 Calculation of population factor value. Sum the factor values for Level I concentrations, Level II concentrations, and potential human food chain contamination for the watershed. Do not round this sum to the nearest integer. Assign this sum as the population factor value for the watershed. Enter this value in table 4-25.

4.2.3.3.3 Calculation of human food chain threat-targets factor category value. Sum the food chain individual and population factor values for the watershed. Do not round this sum to the nearest integer. Assign this sum as the human food chain threat-targets factor category value for the watershed. Enter this value in table 4-25.

4.2.3.4 Calculation of human food chain threat score for a watershed. Multiply the human food chain threat factor category values for likelihood of release, waste characteristics, and targets for the watershed, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum of 100, as the human food chain threat score for the watershed. Enter this score in table 4-25.

4.2.4 Environmental threat. Evaluate the environmental threat for the watershed based on three factor categories: likelihood of release, waste characteristics, and targets.

4.2.4.1 Environmental threat-likelihood of release. Assign the same likelihood of release factor category value for the environmental threat for the watershed as would be assigned in section 4.2.2.1.3 for the drinking water threat. Enter this value in table 4-25.

4.2.4.2 Environmental threat-waste characteristics. Evaluate the waste characteristics factor category for each watershed based on two factors: ecosystem toxicity/mobility/persistence/bioaccumulation and hazardous waste quantity.

4.2.4.2.1 Ecosystem toxicity/mobility/persistence/bioaccumulation. Evaluate all those hazardous substances eligible to be evaluated for toxicity/mobility/persistence in the drinking water threat for the watershed (see section 4.2.2.2.1).

4.2.4.2.1.1 Ecosystem toxicity. Assign an ecosystem toxicity factor value to each hazardous substance as specified in section 4.1.4.2.1.1.

4.2.4.2.1.2 Mobility. Assign a ground water mobility factor value to each hazardous substance as specified in section 4.2.2.2.1.2 for the drinking water threat.

4.2.4.2.1.3 Persistence. Assign a surface water persistence factor value to each hazardous substance as specified in section 4.2.2.2.1.3 for the drinking water threat, except: use the predominant water category (that is, lakes; or rivers, oceans, coastal tidal waters, or Great Lakes) between the probable point of entry and the nearest sensitive environment (not the nearest drinking water or resources intake) along the hazardous substance migration path for the watershed to determine which portion of table 4-10 to use. Determine the predominant water category based on distance as specified in section 4.1.2.2.1.2.

4.2.4.2.1.4 Ecosystem bioaccumulation potential. Assign an ecosystem bioaccumulation potential factor value to each hazardous substance as specified in section 4.1.4.2.1.3.

4.2.4.2.1.5 Calculation of ecosystem toxicity/mobility/persistence/ bioaccumulation factor value. Assign each hazardous substance an ecosystem toxicity/mobility factor value from table 3-9 (section 3.2.1.3), based on the values assigned to the hazardous substance for the ecosystem toxicity and mobility factors. Then assign each hazardous substance an ecosystem toxicity/mobility/persistence factor value from table 4-29, based on the values assigned for the ecosystem toxicity/mobility and persistence factors. Then assign each hazardous substance an ecosystem toxicity/mobility/persistence/bioaccumulation factor value from table 4-30, based on the values assigned for the ecosystem toxicity/mobility/persistence and ecosystem bioaccumulation potential factors. Select the substance with the highest ecosystem toxicity/mobility/persistence/bioaccumulation factor value for the watershed and use it to assign the value to this factor for the watershed. Enter this value in table 4-25.

Table 4-29—Ecosystem Toxicity/Mobility/Persistence Factor Values a

Ecosystem toxicity/mobility factor value

Persistence factor value

1.0

0.4

0.07

0.0007

10,000

10,000

4,000

700

7

2,000

2,000

800

140

1.41,000

1,000

1,000

400

70

0.7

200

200

80

14

0.14

100

100

40

7

0.07

20

20

8

1.4

0.014

10

10

4

0.7

0.007

2

2

0.8

0.14

0.0014

1

1

0.4

0.07

7 × 10 −4

0.2

0.2

0.08

0.014

1.4 × 10 −4

0.1

0.1

0.04

0.007

7 × 10 −5

0.2

0.2

0.008

0.0014

1.4 × 10 −5

0.01

0.01

0.004

7 × 10 −4

7 × 10 −6

0.002

0.002

8 × 10 −4

1.4 × 10 −4

1.4 × 10 −6

0.001

0.001

4 × 10 −4

7 × 10 −5

7 × 10 −7

2 × 10 −4

2 × 10 −4

8 × 10 −5

1.4 × 10 −5

1.4 × 10 −7

1 × 10 −4

1 × 10 −4

4 × 10 −5

7 × 10 −6

7 × 10 −8

2 × 10 −5

2 × 10 −5

8 × 10 −6

1.4 × 10 −6

1.4 × 10 −8

2 × 10 −6

2 × 10 −6

8 × 10 −7

1.4 × 10 −7

1.4 × 10 −9

2 × 10 −7

2 × 10 −7

8 × 10 −8

1.4 × 10 −8

1.4 × 10 −10

2 × 10 −8

2 × 10 −8

8 × 10 −9

1.4 × 10 −9

1.4 × 10 −11

2 × 10 −9

2 × 10 −9

8 × 10 −10

1.4 × 10 −10

1.4 × 10 −12

0

0

0

0

0

a Do not round to nearest integer.

Table 4-30—Ecosystem Toxicity/Mobility/Persistence/Bioaccumulation Factor Values a

Ecosystem toxicity/mobility/persistence factor value

Ecosystem bioaccumulation potential factor value

50,000

5,000

500

50

5

0.5

10,000

5 × 10 8

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

4,000

2 × 10 8

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

2,000

1, × 10 8

1 × 10 7

1 × 10 6

1 × 10 5

1 × 10 4

1,000

1,000

5 × 10 7

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

800

4 × 10 7

4 × 10 6

4 × 10 5

4 × 10 4

4,000

400

700

3.5 × 10 7

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

400

2 × 10 7

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

200

1 × 10 7

1 × 10 6

1 × 10 5

1 × 10 4

1,000

100

140

7 × 10 6

7 × 10 5

7 × 10 4

7,000

700

70

100

5 × 10 6

5 × 10 5

5 × 10 4

5,000

500

50

80

4 × 10 6

4 × 10 5

4 × 10 4

4,000

400

40

70

3.5 × 10 6

3.5 × 10 5

3.5 × 10 4

3,500

350

35

40

2 × 10 6

2 × 10 5

2 × 10 4

2,000

200

20

20

1 × 10 6

1 × 10 5

1 × 10 4

1,000

100

10

14

7 × 10 5

7 × 10 4

7,000

700

70

7

10

5 × 10 5

5 × 10 4

5,000

500

50

5

8

4 × 10 5

4 × 10 4

4,000

400

40

4

7

3.5 × 10 5

3.5 × 10 4

3,500

350

35

3.5

4

2 × 10 5

2 × 10 4

2,000

200

20

2

2

1 × 10 5

1 × 10 4

1,000

100

10

1

1.4

7 × 10 4

7,000

700

70

7

0.7

1.0

5 × 10 4

5,000

500

50

5

0.5

0.8

4 × 10 4

4,000

400

40

4

0.4

0.7

3.5 × 10 4

3,500

350

35

3.5

0.35

0.4

2 × 10 4

2,000

200

20

2

0.2

0.2

1 × 10 4

1,000

100

10

1

0.1

0.14

7,000

700

70

7

0.7

0.07

0.1

5,000

500

50

5

0.5

0.05

0.08

4,000

400

40

4

0.4

0.04

0.07

3,500

350

35

3.5

0.35

0.035

0.04

2,000

200

20

2

0.2

0.02

0.02

1,000

100

10

1

0.1

0.01

0.014

700

70

7

0.7

0.07

0.007

0.01

500

50

5

0.5

0.05

0.005

0.008

400

40

4

0.4

0.04

0.004

0.007

350

35

3.5

0.35

0.035

0.0035

0.004

200

20

2

0.2

0.02

0.002

0.002

100

10

1

0.1

0.01

0.001

0.0014

70

7

0.7

0.07

0.007

7 × 10 −4

0.001

50

5

0.5

0.05

0.005

5 × 10 −4

8 × 10 −4

40

4

0.4

0.04

0.004

4 × 10 −4

7 × 10 −4

35

3.5

0.35

0.035

0.0035

3.5 × 10 −4

4 × 10 −4

20

2

0.2

0.02

0.002

2 × 10 −4

2 × 10 −4

10

1

0.1

0.01

0.001

1 × 10 −4

1.4 × 10 −4

7

0.7

0.07

0.007

7 × 10 −4

7 × 10 −5

1 × 10 −4

5

0.5

0.05

0.005

5 × 10 −4

5 × 10 −5

8 × 10 −5

4

0.4

0.04

0.004

4 × 10 −4

4 × 10 −5

7 × 10 −5

3.5

0.35

0.035

0.0035

3.5 × 10 −4

3.5 × 10 −5

4 × 10 −5

2

0.2

0.02

0.002

2 × 10 −4

2 × 10 −5

2 × 10 −5

1

0.1

0.01

0.001

1 × 10 −4

1 × 10 −5

1.4 × 10 −5

0.7

0.07

0.007

7 × 10 −4

7 × 10 −5

7 × 10 −6

8 × 10 −6

0.4

0.04

0.004

4 × 10 −4

4 × 10 −5

4 × 10 −6

7 × 10 −6

0.35

0.035

0.0035

3.5 × 10 −4

3.5 × 10 −5

3.5 × 10 −6

2 × 10 −6

0.1

0.01

0.001

1 × 10 −4

1 × 10 −5

1 × 10 −6

1.4 × 10 −6

0.07

0.007

7 × 10 −4

7 × 10 −5

7 × 10 −6

7 × 10 −7

8 × 10 −7

0.04

0.004

4 × 10 −4

4 × 10 −5

4 × 10 −6

4 × 10 −7

7 × 10 −7

0.035

0.0035

3.5 × 10 −4

3.5 × 10 −5

3.5 × 10 −6

3.5 × 10 −7

2 × 10 −7

0.01

0.001

1 × 10 −4

1 × 10 −5

1 × 10 −6

1 × 10 −7

1.4 × 10 −7

0.007

7 × 10 −4

7 × 10 −5

7 × 10 −6

7 × 10 −7

7 × 10 −8

8 × 10 −8

0.004

4 × 10 −4

4 × 10 −5

4 × 10 −6

4 × 10 −7

4 × 10 −8

7 × 10 −8

0.0035

3.5 × 10 −4

3.5 × 10 −5

3.5 × 10 −6

3.5 × 10 −7

3.5 × 10 −8

2 × 10 −8

0.001

1 × 10 −4

1 × 10 −5

1 × 10 −6

1 × 10 −7

1 × 10 −8

1.4 × 10 −8

7 × 10 −4

7 × 10 −5

7 × 10 −6

7 × 10 −7

7 × 10 −8

7 × 10 −9

8 × 10 −9

4 × 10 −4

4 × 10 −5

4 × 10 −6

4 × 10 −7

4 × 10 −8

4 × 10 −9

2 × 10 −9

1 × 10 −4

1 × 10 −5

1 × 10 −6

1 × 10 −7

1 × 10 −8

1 × 10 −9

1.4 × 10 −9

7 × 10 −5

7 × 10 −6

7 × 10 −7

7 × 10 −8

7 × 10 −9

7 × 10 −10

8 × 10 −10

4 × 10 −5

4 × 10 −6

4 × 10 −7

4 × 10 −8

4 × 10 −9

4 × 10 −10

1.4 × 10 −10

7 × 10 −6

7 × 10 −7

7 × 10 −8

7 × 10 −9

7 × 10 −10

7 × 10 −11

1.4 × 10 −11

7 × 10 −7

7 × 10 −8

7 × 10 −9

7 × 10 −10

7 × 10 −11

7 × 10 −12

1.4 × 10 −12

7 × 10 −8

7 × 10 −9

7 × 10 −10

7 × 10 −11

7 × 10 −12

7 × 10 −13

0

0

0

0

0

0

0

a Do not round to nearest integer.

4.2.4.2.2 Hazardous waste quantity. Assign the same factor value for hazardous waste quantity for the watershed as would be assigned in section 4.2.2.2.2 for the drinking water threat. Enter this value in table 4-25.

4.2.4.2.3 Calculation of environmental threat-waste characteristics factor category value. For the hazardous substance selected for the watershed in section 4.2.4.2.1.5, use its ecosystem toxicity/mobility/persistence factor value and ecosystem bioaccumulation potential factor value as follows to assign a value to the waste characteristics factor category. First, multiply the ecosystem toxicity/mobility/persistence factor value and the hazardous waste quantity factor value for the watershed, subject to a maximum product of 1 × 10

8 . Then multiply this product by the ecosystem bioaccumulation potential factor value for this hazardous substance, subject to a maximum product of 1 × 10

12 . Based on this product, assign a value from table 2-7 (section 2.4.3.1) to the environmental threat-waste characteristics category for the watershed. Enter the value in table 4-25.

4.2.4.3 Environmental threat-targets. Evaluate the environmental threat-targets factor category for a watershed using one factor: sensitive environments.

4.2.4.3.1 Sensitive environments. Evaluate sensitive environments for the watershed based on three factors: Level I concentrations, Level II concentrations, and potential contamination. Determine which applies to each sensitive environment as specified in section 4.1.4.3.1, except: use only those samples from the surface water in-water segment and only those hazardous substances in such samples that meet the conditions in sections 4.2.1.3 and 4.2.1.4.

4.2.4.3.1.1 Level I concentrations. Assign a value to this factor as specified in section 4.1.4.3.1.1. Enter this value in table 4-25.

4.2.4.3.1.2 Level II concentrations. Assign a value to this factor as specified in section 4.1.4.3.1.2. Enter this value in table 4-25.

4.2.4.3.1.3 Potential contamination. Assign a value to this factor as specified in section 4.1.4.3.1.3 with the following modification. Multiply the appropriate dilution weight from table 4-13 for the sensitive environments in each type of surface water body by the adjustment value selected from table 4-27, as specified in section 4.2.2.3.1. Use the resulting product, not the value from table 4-13, as the dilution weight for the sensitive environments in that type of surface water body. Do not round this product to the nearest integer. Enter the value assigned in table 4-25.

4.2.4.3.1.4 Calculation of environmental threat-targets factor category value. Sum the values for Level I concentrations, Level II concentrations, and potential contamination for the watershed. Do not round this sum to the nearest integer. Assign this sum as the environmental threat targets factor category value for the watershed. Enter this value in table 4-25.

4.2.4.4 Calculation of environmental threat score for a watershed. Multiply the environmental threat factor category values for likelihood of release, waste characteristics, and targets for the watershed, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum of 60, as the environmental threat score for the watershed. Enter this score in table 4-25.

4.2.5 Calculation of ground water to surface water migration component score for a watershed. Sum the scores for the three threats for the watershed (that is, drinking water, human food chain, and environmental threats). Assign the resulting score, subject to a maximum value of 100, as the ground water to surface water migration component score for the watershed. Enter this score in table 4-25.

4.2.6 Calculation of ground water to surface water migration component score. Select the highest ground water to surface water migration component score from the watersheds evaluated. Assign this score as the ground water to surface water migration component score for the site, subject to a maximum score of 100. Enter this score in table 4-25.

4.3 Calculation of surface water migration pathway score. Determine the surface water migration pathway score as follows:

• If only one of the two surface water migration components (overland/flood or ground water to surface water) is scored, assign the score of that component as the surface water migration pathway score.

• If both components are scored, select the higher of the two component scores from sections 4.1.6 and 4.2.6. Assign that score as the surface water migration pathway score.

5.0 Soil Exposure and Subsurface Intrusion Pathway

5.0.1 Exposure components. Evaluate the soil exposure and subsurface intrusion pathway based on two exposure components:

• Soil exposure component (see section 5.1).

• Subsurface intrusion component (see section 5.2).

Score one or both components considering their relative importance. If only one component is scored, assign its score as the soil exposure and subsurface intrusion pathway score. If both components are scored, sum the two scores and assign it as the soil exposure and subsurface intrusion pathway score, subject to a maximum of 100.

5.1 Soil exposure component. Evaluate the soil exposure component based on two threats: Resident population threat and nearby population threat. Evaluate both threats based on three factor categories: Likelihood of exposure, waste characteristics, and targets. Figure 5-1 indicates the factors included within each factor category for each type of threat.

Determine the soil exposure component score (S se ) in terms of the factor category values as follows:

Where:

LE i = Likelihood of exposure factor category value for threat i (that is, resident population threat or nearby population threat).

WC i = Waste characteristics factor category value for threat i.

T i = Targets factor category value for threat i.

SF = Scaling factor.

Table 5-1 outlines the specific calculation procedure.

Table 5-1—Soil Exposure Component Scoresheet

Factor categories and factors

Maximum value

Value assigned

Resident Population Threat

Likelihood of Exposure:

1. Likelihood of Exposure

550

Waste Characteristics:

2. Toxicity

( a )

3. Hazardous Waste Quantity

( a )

4. Waste Characteristics

100

Targets:

5. Resident Individual

50

6. Resident Population:

6a. Level I Concentrations

( b )

6b. Level II Concentrations

( b )

6c. Resident Population (lines 6a + 6b)

( b )

7. Workers

15

8. Resources

5

9. Terrestrial Sensitive Environments

( c )

10. Targets (lines 5 + 6c + 7 + 8 + 9)

( b )

Resident Population Threat Score:

11. Resident Population Threat (lines 1 × 4 × 10)

( b )

Nearby Population Threat

Likelihood of Exposure:

12. Attractiveness/Accessibility

100

13. Area of Contamination

100

14. Likelihood of Exposure

500

Waste Characteristics:

15. Toxicity

( a )

16. Hazardous Waste Quantity

( a )

17. Waste Characteristics

100

Targets:

18. Nearby Individual

1

19. Population Within 1 Mile

( b )

20. Targets (lines 18 + 19)

( b )

Nearby Population Threat Score:

21. Nearby Population Threat (lines 14 × 17 × 20)

( b )

Soil Exposure Component Score:

22. Soil Exposure Component Score d (S se ), (lines [11 + 21]/82,500, subject to a maximum of 100)

100

a Maximum value applies to waste characteristics category.

b Maximum value not applicable.

c No specific maximum value applies to factor. However, pathway score based solely on terrestrial sensitive environments is limited to maximum of 60.

d Do not round to nearest integer.

5.1.0 General considerations. Evaluate the soil exposure component based on areas of observed contamination:

• Consider observed contamination to be present at sampling locations where analytic evidence indicates that:

—A hazardous substance attributable to the site is present at a concentration significantly above background levels for the site (see Table 2-3 in section 2.3 for the criteria for determining analytical significance), and

—This hazardous substance, if not present at the surface, is covered by 2 feet or less of cover material (for example, soil).

• Establish areas of observed contamination based on sampling locations at which there is observed contamination as follows:

—For all sources except contaminated soil, if observed contamination from the site is present at any sampling location within the source, consider that entire source to be an area of observed contamination.

—For contaminated soil, consider both the sampling location(s) with observed contamination from the site and the area lying between such locations to be an area of observed contamination, unless available information indicates otherwise.

• If an area of observed contamination (or portion of such an area) is covered by a permanent, or otherwise maintained, essentially impenetrable material (for example, asphalt) that is not more than 2 feet thick, exclude that area (or portion of the area) in evaluating the soil exposure component.

• For an area of observed contamination, consider only those hazardous substances that meet the criteria for observed contamination for that area to be associated with that area in evaluating the soil exposure component (see section 2.2.2).

If there is observed contamination, assign scores for the resident population threat and the nearby population threat, as specified in sections 5.1.1 and 5.1.2. If there is no observed contamination, assign the soil exposure component of the soil exposure and subsurface intrusion pathway a score of 0.

5.1.1 Resident population threat. Evaluate the resident population threat only if there is an area of observed contamination in one or more of the following locations:

• Within the property boundary of a residence, school, or day care center and within 200 feet of the respective residence, school, or day care center, or

• Within a workplace property boundary and within 200 feet of a workplace area, or

• Within the boundaries of a resource specified in section 5.1.1.3.4, or

• Within the boundaries of a terrestrial sensitive environment specified in section 5.1.1.3.5.

If not, assign the resident population threat a value of 0, enter this value in Table 5-1, and proceed to the nearby population threat (section 5.1.2).

5.1.1.1 Likelihood of exposure. Assign a value of 550 to the likelihood of exposure factor category for the resident population threat if there is an area of observed contamination in one or more locations listed in section 5.1.1. Enter this value in Table 5-1.

5.1.1.2 Waste characteristics. Evaluate waste characteristics based on two factors: toxicity and hazardous waste quantity. Evaluate only those hazardous substances that meet the criteria for observed contamination at the site (see section 5.1.0).

5.1.1.2.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in section 2.4.1.1. Use the hazardous substance with the highest toxicity factor value to assign the value to the toxicity factor for the resident population threat. Enter this value in Table 5-1.

5.1.1.2.2 Hazardous waste quantity. Assign a hazardous waste quantity factor value as specified in section 2.4.2. In estimating the hazardous waste quantity, use Table 5-2 and:

• Consider only the first 2 feet of depth of an area of observed contamination, except as specified for the volume measure.

• Use the volume measure (see section 2.4.2.1.3) only for those types of areas of observed contamination listed in Tier C of Table 5-2. In evaluating the volume measure for these listed areas of observed contamination, use the full volume, not just the volume within the top 2 feet.

• Use the area measure (see section 2.4.2.1.4), not the volume measure, for all other types of areas of observed contamination, even if their volume is known.

Enter the value assigned in Table 5-1.

Table 5-2—Hazardous Waste Quantity Evaluation Equations for Soil Exposure Component

Tier

Measure

Units

Equation for assigning value a

A

Hazardous Constituent Quantity (C)

lb

C.

B b

Hazardous Wastestream Quantity (W)

lb

W/5,000.

C b

Volume (V)

Surface Impoundment c

yd 3

V/2.5.

Drums d

gallon

V/500.

Tanks and Containers Other Than Drums

yd 3

V/2.5.

D b

Area (A)

Landfill

ft 2

A/34,000.

Surface Impoundment

ft 2

A/13.

Surface Impoundment (Buried/backfilled)

ft 2

A/13.

Land treatment

ft 2

A/270.

Pile e

ft 2

A/34.

Contaminated Soil

ft 2

A/34,000.

a Do not round nearest integer.

b Convert volume to mass when necessary: 1 ton = 2,000 pounds = 1 cubic yard = 4 drums = 200 gallons.

c Use volume measure only for surface impoundments containing hazardous substances present as liquids. Use area measures in Tier D for dry surface impoundments and for buried/backfilled surface impoundments.

d If actual volume of drums is unavailable, assume 1 drum = 50 gallons.

e Use land surface area under pile, not surface area of pile.

5.1.1.2.3 Calculation of waste characteristics factor category value. Multiply the toxicity and hazardous waste quantity factor values, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from Table 2-7 (section 2.4.3.1) to the waste characteristics factor category. Enter this value in Table 5-1.

5.1.1.3 Targets. Evaluate the targets factor category for the resident population threat based on five factors: Resident individual, resident population, workers, resources, and terrestrial sensitive environments.

In evaluating the targets factor category for the resident population threat, count only the following as targets:

• Resident individual—a person living or attending school or day care on a property with an area of observed contamination and whose residence, school, or day care center, respectively, is on or within 200 feet of the area of observed contamination.

• Worker—a person working on a property with an area of observed contamination and whose workplace area is on or within 200 feet of the area of observed contamination.

• Resources located on an area of observed contamination, as specified in section 5.1.1.

• Terrestrial sensitive environments located on an area of observed contamination, as specified in section 5.1.1.

5.1.1.3.1 Resident individual. Evaluate this factor based on whether there is a resident individual, as specified in section 5.1.1.3, who is subject to Level I or Level II concentrations.

First, determine those areas of observed contamination subject to Level I concentrations and those subject to Level II concentrations as specified in sections 2.5.1 and 2.5.2. Use the health-based benchmarks from Table 5-3 in determining the level of contamination. Then assign a value to the resident individual factor as follows:

• Assign a value of 50 if there is at least one resident individual for one or more areas subject to Level I concentrations.

• Assign a value of 45 if there is no such resident individuals, but there is at least one resident individual for one or more areas subject to Level II concentrations.

• Assign a value of 0 if there is no resident individual.

Enter the value assigned in Table 5-1.

5.1.1.3.2 Resident population. Evaluate resident population based on two factors: Level I concentrations and Level II concentrations. Determine which factor applies as specified in sections 2.5.1 and 2.5.2, using the health-based benchmarks from Table 5-3. Evaluate populations subject to Level I concentrations as specified in section 5.1.1.3.2.1 and populations subject to Level II concentrations as specified in section 5.1.1.3.2.2.

Table 5-3—Health-Based Benchmarks for Hazardous Substances in Soils

Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 individual cancer risk for oral exposures.

Screening concentration for noncancer toxicological responses corresponding to the Reference Dose (RfD) for oral exposures.

Count only those persons meeting the criteria for resident individual as specified in section 5.1.1.3. In estimating the number of people living on property with an area of observed contamination, when the estimate is based on the number of residences, multiply each residence by the average number of persons per residence for the county in which the residence is located.

5.1.1.3.2.1 Level I concentrations. Sum the number of resident individuals subject to Level I concentrations and multiply this sum by 10. Assign the resulting product as the value for this factor. Enter this value in Table 5-1.

5.1.1.3.2.2 Level II concentrations. Sum the number of resident individuals subject to Level II concentrations. Do not include those people already counted under the Level I concentrations factor. Assign this sum as the value for this factor. Enter this value in Table 5-1.

5.1.1.3.2.3 Calculation of resident population factor value. Sum the factor values for Level I concentrations and Level II concentrations. Assign this sum as the resident population factor value. Enter this value in Table 5-1.

5.1.1.3.3 Workers. Evaluate this factor based on the number of workers that meet the section 5.1.1.3 criteria. Assign a value for these workers using Table 5-4. Enter this value in Table 5-1.

Table 5-4—Factor Values for Workers

Number of workers

Assigned value

0

0

1 to 100

5

101 to 1,000

10

Greater than 1,000

15

5.1.1.3.4 Resources. Evaluate the resources factor as follows:

• Assign a value of 5 to the resources factor if one or more of the following is present on an area of observed contamination at the site:

—Commercial agriculture.

—Commercial silviculture.

—Commercial livestock production or commercial livestock grazing.

• Assign a value of 0 if none of the above are present.

Enter the value assigned in Table 5-1.

5.1.1.3.5 Terrestrial sensitive environments. Assign value(s) from Table 5-5 to each terrestrial sensitive environment that meets the eligibility criteria of section 5.1.1.3.

Calculate a value (ES) for terrestrial sensitive environments as follows:

Where:

S i = Value(s) assigned from Table 5-5 to terrestrial sensitive environment i.

n = Number of terrestrial sensitive environments meeting section 5.1.1.3 criteria.

Because the pathway score based solely on terrestrial sensitive environments is limited to a maximum of 60, determine the value for the terrestrial sensitive environments factor as follows:

Table 5-5—Terrestrial Sensitive Environments Rating Values

Terrestrial sensitive environments

Assigned value

Terrestrial critical habitat a for Federal designated endangered or threatened species

100

National Park Designated Federal Wilderness Area National Monument

Terrestrial habitat known to be used by Federal designated or proposed threatened or endangered species

75

National Preserve (terrestrial) National or State Terrestrial Wildlife Refuge Federal land designated for protection of natural ecosystems Administratively proposed Federal Wilderness Area Terrestrial areas utilized for breeding by large or dense aggregations of animals b

Terrestrial habitat known to be used by State designated endangered or threatened species

50

Terrestrial habitat known to be used by species under review as to its Federal designated endangered or threatened status

State lands designated for wildlife or game management

25

State designated Natural Areas Particular areas, relatively small in size, important to maintenance of unique biotic communities

a Critical habitat as defined in 50 CFR 424.02.

b Limit to vertebrate species.

• Multiply the values assigned to the resident population threat for likelihood of exposure (LE), waste characteristics (WC), and ES. Divide the product by 82,500.

—If the result is 60 or less, assign the value ES as the terrestrial sensitive environments factor value.

—If the result exceeds 60, calculate a value EC as follows:

Assign the value EC as the terrestrial sensitive environments factor value. Do not round this value to the nearest integer.

Enter the value assigned for the terrestrial sensitive environments factor in Table 5-1.

5.1.1.3.6 Calculation of resident population targets factor category value. Sum the values for the resident individual, resident population, workers, resources, and terrestrial sensitive environments factors. Do not round to the nearest integer. Assign this sum as the targets factor category value for the resident population threat. Enter this value in Table 5-1.

5.1.1.4 Calculation of resident population threat score. Multiply the values for likelihood of exposure, waste characteristics, and targets for the resident population threat, and round the product to the nearest integer. Assign this product as the resident population threat score. Enter this score in Table 5-1.

5.1.2 Nearby population threat. Include in the nearby population only those individuals who live or attend school within a 1-mile travel distance of an area of observed contamination at the site and who do not meet the criteria for resident individual as specified in section 5.1.1.3.

Do not consider areas of observed contamination that have an attractiveness/accessibility factor value of 0 (see section 5.1.2.1.1) in evaluating the nearby population threat.

5.1.2.1 Likelihood of exposure. Evaluate two factors for the likelihood of exposure factor category for the nearby population threat: attractiveness/accessibility and area of contamination.

5.1.2.1.1 Attractiveness/accessibility. Assign a value for attractiveness/accessibility from Table 5-6 to each area of observed contamination, excluding any land used for residences. Select the highest value assigned to the areas evaluated and use it as the value for the attractiveness/accessibility factor. Enter this value in Table 5-1.

5.1.2.1.2 Area of contamination. Evaluate area of contamination based on the total area of the areas of observed contamination at the site. Count only the area(s) that meet the criteria in section 5.1.0 and that receive an attractiveness/accessibility value greater than 0. Assign a value to this factor from Table5-7. Enter this value in Table 5-1.

Table 5-6—Attractiveness/Accessibility Values

Area of observed contamination

Assigned value

Designated recreational area

100

Regularly used for public recreation (for example, fishing, hiking, softball)

75

Accessible and unique recreational area (for example, vacant lots in urban area)

75

Moderately accessible (may have some access improvements, for example, gravel road), with some public recreation use

50

Slightly accessible (for example, extremely rural area with no road improvement), with some public recreation use

25

Accessible, with no public recreation use

10

Surrounded by maintained fence or combination of maintained fence and natural barriers

5

Physically inaccessible to public, with no evidence of public recreation use

0

Table 5-7—Area of Contamination Factor Values

Total area of the areas of observed contamination (square feet)

Assigned value

Less than or equal to 5,000

5

Greater than 5,000 to 125,000

20

Greater than 125,000 to 250,000

40

Greater than 250,000 to 375,000

60

Greater than 375,000 to 500,000

80

Greater than 500,000

100

5.1.2.1.3 Likelihood of exposure factor category value. Assign a value from Table 5-8 to the likelihood of exposure factor category, based on the values assigned to the attractiveness/accessibility and area of contamination factors. Enter this value in Table 5-1.

Table 5-8—Nearby Population Likelihood of Exposure Factor Values

Area of contamination factor value

Attractiveness/accessibility factor value

100

75

50

25

10

5

0

100

500

500

375

250

125

50

0

80

500

375

250

125

50

25

0

60

375

250

125

50

25

5

0

40

250

125

50

25

5

5

0

20

125

50

25

5

5

5

0

5

50

25

5

5

5

5

0

5.1.2.2 Waste characteristics. Evaluate waste characteristics based on two factors: toxicity and hazardous waste quantity. Evaluate only those hazardous substances that meet the criteria for observed contamination (see section 5.1.0) at areas that can be assigned an attractiveness/accessibility factor value greater than 0.

5.1.2.2.1 Toxicity. Assign a toxicity factor value as specified in section 2.4.1.1 to each hazardous substance meeting the criteria in section 5.1.2.2. Use the hazardous substance with the highest toxicity factor value to assign the value to the toxicity factor for the nearby population threat. Enter this value in Table 5-1.

5.1.2.2.2 Hazardous waste quantity. Assign a value to the hazardous waste quantity factor as specified in section 5.1.1.2.2, except: consider only those areas of observed contamination that can be assigned an attractiveness/accessibility factor value greater than 0. Enter the value assigned in Table 5-1.

5.1.2.2.3 Calculation of waste characteristics factor category value. Multiply the toxicity and hazardous waste quantity factor values, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from Table 2-7 (section 2.4.3.1) to the waste characteristics factor category. Enter this value in Table 5-1.

5.1.2.3 Targets. Evaluate the targets factory category for the nearby population threat based on two factors: nearby individual and population within a 1-mile travel distance from the site.

5.1.2.3.1 Nearby individual. If one or more persons meet the section 5.1.1.3 criteria for a resident individual, assign this factor a value of 0. Enter this value in Table 5-1.

If no person meets the criteria for a resident individual, determine the shortest travel distance from the site to any residence or school. In determining the travel distance, measure the shortest overland distance an individual would travel from a residence or school to the nearest area of observed contamination for the site with an attractiveness/accessibility factor value greater than 0. If there are no natural barriers to travel, measure the travel distance as the shortest straight-line distance from the residence or school to the area of observed contamination. If natural barriers exist (for example, a river), measure the travel distance as the shortest straight-line distance from the residence or school to the nearest crossing point and from there as the shortest straight-line distance to the area of observed contamination. Based on the shortest travel distance, assign a value from Table 5-9 to the nearest individual factor. Enter this value in Table 5-1.

Table 5-9—Nearby Individual Factor Values

Travel distance for nearby individual (miles)

Assigned value

Greater than 0 to 1 ⁄ 4

a 1

Greater than 1 ⁄ 4 to 1

0

a Assign a value of 0 if one or more persons meet the section 5.1.1.3 criteria for resident individual.

5.1.2.3.2 Population within 1 mile. Determine the population within each travel distance category of Table 5-10. Count residents and students who attend school within this travel distance. Do not include those people already counted in the resident population threat. Determine travel distances as specified in section 5.1.2.3.1.

In estimating residential population, when the estimate is based on the number of residences, multiply each residence by the average number of persons per residence for the county in which the residence is located.

Based on the number of people included within a travel distance category, assign a distance-weighted population value for that travel distance from Table 5-10.

Calculate the value for the population within 1 mile factor (PN) as follows:

Where:

W i =Distance-weighted population value from Table 5-10 for travel distance category i.

If PN is less than 1, do not round it to the nearest integer; if PN is 1 or more, round to the nearest integer. Enter this value in Table 5-1.

5.1.2.3.3 Calculation of nearby population targets factor category value. Sum the values for the nearby individual factor and the population within 1 mile factor. Do not round this sum to the nearest integer. Assign this sum as the targets factor category value for the nearby population threat. Enter this value in Table 5-1.

Table 5-10—Distance Weighted Population Values for Nearby Population Threat a

Travel distance category (miles)

Number of people within the travel distance category

0

1 to 10

11 to 30

31 to 100

101 to 300

301 to 1,000

1,001 to 3,000

3,001 to 10,000

10,001 to 30,000

30,001 to 100,000

100,001 to 300,000

300,001 to 1,000,000

Greater than 0 to 1 ⁄ 4

0

0.1

0.4

1.0

4

13

41

130

408

1,303

4,081

13,034

Greater than 1 ⁄ 4 to 1 ⁄ 2

0

0.05

0.2

0.7

2

7

20

65

204

652

2,041

6,517

Greater than 1 ⁄ 2 to 1

0

0.02

0.1

0.3

1

3

10

33

102

326

1,020

3,258

a Round the number of people present within a travel distance category to nearest integer. Do not round the assigned distance-weighted population value to nearest integer.

5.1.2.4 Calculation of nearby population threat score. Multiply the values for likelihood of exposure, waste characteristics, and targets for the nearby population threat, and round the product to the nearest integer. Assign this product as the nearby population threat score. Enter this score in Table 5-1.

5.1.3 Calculation of soil exposure component score. Sum the resident population threat score and the nearby population threat score, and divide the sum by 82,500. Assign the resulting value, subject to a maximum of 100, as the soil exposure component score (S se ). Enter this score in Table 5-1.

5.2 Subsurface intrusion component. Evaluate the subsurface intrusion component based on three factor categories: likelihood of exposure, waste characteristics, and targets. Figure 5-1 indicates the factors included within each factor category for the subsurface intrusion component.

Determine the component score (S ssi ) in terms of the factor category values as follows:

Where:

LE=Likelihood of exposure factor category value.

WC=Waste characteristics factor category value.

T=Targets factor category value.

SF=Scaling factor.

Table 5-11 outlines the specific calculation procedure.

Table 5-11—Subsurface Intrusion Component Scoresheet

Factor categories and factors

Maximum value

Value assigned

Subsurface Intrusion Component:

Likelihood of Exposure:

1. Observed Exposure

550

2. Potential for Exposure

2a. Structure Containment

10

2b. Depth to contamination

10

2c. Vertical Migration

15

2d. Vapor Migration Potential

25

3. Potential for Exposure (lines 2a * (2b + 2c + 2d), subject to a maximum of 500)

500

4. Likelihood of Exposure (higher of lines 1 or 3)

550

Waste Characteristics:

5. Toxicity/Degradation

( a )

6. Hazardous Waste Quantity

( a )

7. Waste Characteristics (subject to a maximum of 100)

100

Targets:

8. Exposed Individual

50

9. Population:

9a. Level I Concentrations

( b )

9b. Level II Concentrations

( b )

9c. Population within an Area of Subsurface Contamination

( b )

9d. Total Population (lines 9a + 9b + 9c)

( b )

10. Resources

5

11. Targets (lines 8 + 9d + 10)

( b )

Subsurface Intrusion Component Score:

12. Subsurface Intrusion Component (lines 4 × 7 × 11)/82,500 c (subject to a maximum of 100)

100

Soil Exposure and Subsurface Intrusion Pathway Score:

13. Soil Exposure Component + Subsurface Intrusion Component (subject to a maximum of 100)

100

a Maximum value applies to waste characteristics category.

b Maximum value not applicable.

c Do not round to the nearest integer.

5.2.0 General considerations. The subsurface intrusion component evaluates the threats from hazardous substances that have or could intrude into regularly occupied structures from the subsurface. Evaluate the subsurface intrusion component based on the actual or potential intrusion of hazardous substances into all regularly occupied structures that have structure containment values greater than zero and meet the criteria identified in the section below as being either in an area of observed exposure or in an area of subsurface contamination. These structures may or may not have subunits. Subunits are partitioned areas within a structure with separate heating, ventilating, and air conditioning (HVAC) systems or distinctly different air exchange rates. Subunits include regularly occupied partitioned tenant spaces such as office suites, apartments, condos, common or shared areas, and portions of residential, commercial or industrial structures with separate heating, ventilating, and air conditioning (HVAC) systems.

In evaluating the subsurface intrusion component, consider the following:

• Area(s) of observed exposure: An area of observed exposure is delineated by regularly occupied structures with documented contamination meeting observed exposure criteria; an area of observed exposure includes regularly occupied structures with samples meeting observed exposure criteria or inferred to be within an area of observed exposure based on samples meeting observed exposure criteria (see section 5.2.1.1.1 Observed exposure ). Establish areas of observed exposure as follows:

—For regularly occupied structures that have no subunits, consider both the regularly occupied structures containing sampling location(s) meeting observed exposure criteria for the site and the regularly occupied structure(s) in the area lying between such locations to be an area of observed exposure ( i.e., inferred to be in an area of observed exposure), unless available information indicates otherwise.

—In multi-story, multi-subunit, regularly occupied structures, consider all subunits on a level with sampling locations meeting observed exposure criteria from the site and all levels below, if any, to be within an area of observed exposure, unless available information indicates otherwise.

—In multi-tenant structures, that do not have a documented observed exposure, but are located in an area lying between locations where observed exposures have been documented, consider only those regularly occupied subunits, if any, on the lowest level of the structure, to be within an area of observed exposure ( i.e., inferred to be in an area of observed exposure, unless available information indicates otherwise.

• Area(s) of subsurface contamination: An area of subsurface contamination is delineated by sampling locations meeting observed release criteria for subsurface intrusion, excluding areas of observed exposure (see Table 2-3 in section 2.3). The area within an area of subsurface contamination includes potentially exposed populations. If the significant increase in hazardous substance levels cannot be attributed at least in part to the site, and cannot be attributed to other sites, attribution can be established based on the presence of hazardous substances in the area of subsurface contamination. Establish areas of subsurface contamination as follows:

—Exclude those areas that contain structures meeting the criteria defined as an area of observed exposure.

—Consider both the sampling location(s) with subsurface contamination meeting observed release criteria from the site and the area lying between such locations to be an area of subsurface contamination ( i.e., inferred to be in an area of subsurface contamination). If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion into a regularly occupied structure located within an area of subsurface contamination, that structure can be excluded from the area of subsurface contamination.

—Evaluate an area of subsurface contamination based on hazardous substances that:

▪ Meet the criteria for observed exposure of a chemical that has a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol, or

▪ Meet the criteria for observed release in an area of subsurface contamination and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol, or

▪ Meet the criteria for an observed release in a structure within, or in a sample from below, an area of observed exposure and have a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol.

—Evaluate all structures with no subunits that have containment factor values greater than zero, and not documented to meet observed exposure criteria to be in an area of subsurface contamination if they are lying between locations of subsurface intrusion samples meeting observed release criteria.

—Evaluate multi-subunit structures as follows:

▪ If an observed exposure has been documented based on a gaseous indoor air sample, consider all regularly occupied subunit(s), if any, on the level immediately above the level where an observed exposure has been documented (or has been inferred to be within an area of observed exposure), to be within an area of subsurface contamination. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion on the level immediately above the level where an observed exposure has been documented (or has been inferred to be within an area of observed exposure) that level can be excluded from the area of subsurface contamination.

▪ If observed release criteria have been met based on a gaseous indoor air sample collected from a level not regularly occupied, consider all regularly occupied subunit(s), if any, on the level immediately above the level where the observed release criteria has been documented, to be within an area of subsurface contamination. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion on the level immediately above the level where the observed release criteria has been documented that level can be excluded from the area of subsurface contamination.

▪ If any regularly occupied multi-subunit structure is inferred to be in an area of subsurface contamination, consider only those regularly occupied subunit(s), if any, on the lowest level, to be within an area of subsurface contamination. If sufficient data is available and state of the science shows there is no unacceptable risk due to subsurface intrusion on the lowest level, that structure can be excluded from the area of subsurface contamination.

See Section 7.0 for establishing an area of subsurface contamination based on the presence of radioactive hazardous substances.

If there is no area of observed exposure and no area of subsurface contamination, assign a score of 0 for the subsurface intrusion component.

5.2.1 Subsurface intrusion component. Evaluate this component only if there is an area of observed exposure or area of subsurface contamination:

• Within or underlying a residence, school, day care center, workplace, or

• Within or underlying a resource specified in section 5.2.1.3.3.

5.2.1.1 Likelihood of exposure. Assign a value of 550 to the likelihood of exposure factor category for the subsurface intrusion component if there is an area of observed exposure in one or more locations listed in section 5.2.1. Enter this value in Table 5-11.

5.2.1.1.1 Observed exposure. Establish observed exposure in a regularly occupied structure by demonstrating that a hazardous substance has been released into a regularly occupied structure via the subsurface. Base this demonstration on either of the following criteria:

• Direct observation:

—A solid, liquid, or gaseous material that contains one or more hazardous substances attributable to the site has been observed entering a regularly occupied structure through migration via the subsurface or is known to have entered a regularly occupied structure via the subsurface, or

—When evidence supports the inference of subsurface intrusion of a material that contains one or more hazardous substances associated with the site into a regularly occupied structure, demonstrated adverse effects associated with that release may be used to establish observed exposure.

• Chemical analysis:

—Analysis of indoor samples indicates that the concentration of hazardous substance(s) is significantly above the background concentration for the site for that type of sample (see section 2.3).

—Some portion of the significant increase above background must be attributable to the site to establish the observed exposure. Documentation of this attribution should account for possible concentrations of the hazardous substance(s) in outdoor air or from materials found in the regularly occupied structure, and should provide a rationale for the increase being from subsurface intrusion.

If observed exposure can be established in a regularly occupied structure, assign an observed exposure factor value of 550, enter this value in Table 5-11, and proceed to section 5.2.1.1.3. If no observed exposure can be established, assign an observed exposure factor value of 0, enter this value in Table 5-11, and proceed to section 5.2.1.1.2.

5.2.1.1.2 Potential for exposure. Evaluate potential for exposure only if an observed exposure cannot be established, but an area of subsurface contamination has been delineated. Evaluate potential for exposure based only on the presence of hazardous substances with a vapor pressure greater than or equal to one torr or a Henry's constant greater than or equal to 10 −

5 atm-m

3 /mol. Evaluate potential for exposure for each area of subsurface contamination based on four factors: Structure containment (see section 5.2.1.1.2.1), depth to contamination (see section 5.2.1.1.2.2), vertical migration (see section 5.2.1.1.2.3) and vapor migration potential (see section 5.2.1.1.2.4). For each area of subsurface contamination, assign the highest value for each factor. If information is insufficient to calculate any single factor value used to calculate the potential for exposure factor values at an identified area of subsurface contamination, information collected for another area of subsurface contamination at the site may be used when evaluating potential for exposure. Calculate the potential for exposure value for the site as specified in section 5.2.1.1.2.5.

5.2.1.1.2.1 Structure containment. Calculate containment for eligible hazardous substances within this component as directed in Table 5-12 and enter this value into Table 5-11. Assign each regularly occupied structure within an area of subsurface contamination the highest appropriate structure containment value from Table 5-12 and use the regularly occupied structure at the site with the highest structure containment value in performing the potential for exposure calculation. For all regularly occupied structures with unknown containment features assign a structure containment value of greater than zero for the purposes of evaluating targets (see section 5.2.1.3).

Table 5-12—Structure Containment

No.

Evidence of structure containment

Assigned value

1.

Regularly occupied structure with evidence of subsurface intrusion, including documented observed exposure or sampling of bio or inert gases, such as methane and radon

10

2.

Regularly occupied structure with open preferential subsurface intrusion pathways ( e.g., sumps, foundation cracks, unsealed utility lines)

10

3.

Regularly occupied structure with an engineered vapor migration barrier system that does not address all preferential subsurface intrusion pathways

7

4.

Regularly occupied structure with an engineered passive vapor mitigation system without documented institutional controls ( e.g., deed restrictions) or evidence of regular maintenance and inspection

6

5.

Regularly occupied structure with no visible open preferential subsurface intrusion pathways from the subsurface ( e.g., sumps, foundation cracks, unsealed utility lines)

4

6.

Regularly occupied structure with an engineered passive vapor mitigation system ( e.g., passive venting) with documented institutional controls ( e.g., deed restrictions) or evidence of regular maintenance and inspection

3

7.

Regularly occupied structure with an engineered, active vapor mitigation system ( e.g., active venting) without documented institutional controls ( e.g., deed restrictions) and funding in place for on-going operation, inspection and maintenance

2

8.

Regularly occupied structure with a permanent engineered, active vapor mitigation system ( e.g., active venting) with documented institutional controls ( e.g., deed restrictions) and funding in place for on-going operation, inspection and maintenance

1

9.

Regularly occupied structure with a foundation raised greater than 6 feet above ground surface ( e.g., structure on stilts) or structure that has been built, and maintained, in a manner to prevent subsurface intrusion

0

5.2.1.1.2.2 Depth to contamination. Assign each area of subsurface contamination a depth to contamination based on the least depth to either contaminated crawl space or subsurface media underlying a regularly occupied structure. Measure this depth to contamination based on the distance between the lowest point of a regularly occupied structure to the highest known point of hazardous substances eligible to be evaluated. Use any regularly occupied structure within an area of subsurface contamination with a structure containment factor value greater than zero. Subtract from the depth to contamination the thickness of any subsurface layer composed of features that would allow channelized flow ( e.g., karst, lava tubes, open fractures, as well as manmade preferential pathways such as utility conduits or drainage systems).

Based on this calculated depth, assign a factor value from Table 5-13. If the necessary information is available at multiple locations, calculate the depth to contamination at each location. Use the location having the least depth to contamination to assign the factor value. Enter this value in Table 5-11.

Table 5-13—Depth to Contamination

Depth range 1 2

Depth to contamination assigned value

0 to <10 ft (Including subslab and semi-enclosed or enclosed crawl space contamination)

10

>10 to 20 ft

8

>20 to 50 ft

6

>50 to 100 ft

4

>100 to 150 ft

2

>150 ft

0

1 If any part of the subsurface profile has channelized flow features, assign that portion of the subsurface profile a depth of 0.

2 Measure elevation below any regularly occupied structure within an area of subsurface contamination at a site. Select the regularly occupied structure with the least depth to contamination below a structure.

5.2.1.1.2.3 Vertical migration. Evaluate the vertical migration factor for each area of subsurface contamination based on the geologic materials in the interval between the lowest point of a regularly occupied structure and the highest known point of hazardous substances in the subsurface. Use any regularly occupied structure either within an area of subsurface contamination or overlying subsurface soil gas or ground water contamination. Assign a value to the vertical migration factor as follows:

• If the depth to contamination (see section 5.2.1.1.2.2) is 10 feet or less, assign a value of 15.

• If the depth to contamination is greater than 10 feet, do not consider layers or portions of layers within the first 10 feet of the depth to contamination (as assigned in section 5.2.1.1.2.2).

• If, for the interval between the lowest point of a regularly occupied structure and the highest point of hazardous substances in the subsurface, all layers that underlie a portion of a regularly occupied structure at the site are karst or otherwise allow channelized flow, assign a value of 15.

• Otherwise:

—Select the lowest effective porosity/permeability layer(s) from within the interval identified above. Consider only layers at least 1 foot thick.—Assign a value for individual layers from Table 5-14 using the hydraulic conductivity of the layer, if available. If the hydraulic conductivity is not available, assign a value based on the type of material in the selected layer.

—If more than one layer has the same assigned porosity/permeability value, include all such layers and sum their thicknesses. Assign a thickness of 0 feet to a layer with channelized flow features found within any area of subsurface contamination at the site.

—Assign a value from Table 5-15 to the vertical migration factor, based on the thickness and assigned porosity/permeability value of the lowest effective porosity/permeability layer(s).

Determine vertical migration only at locations within an area of subsurface contamination at the site. If the necessary subsurface geologic information is available at multiple locations, evaluate the vertical migration factor at each location. Use the location having the highest vertical migration factor value to assign the factor value. Enter this value in Table 5-11.

Table 5-14—Effective Porosity/Permeability of Geologic Materials

Type of material

Hydraulic conductivity (cm/sec)

Assigned porosity/ permeability value

Gravel; clean sand; highly permeable fractured igneous and metamorphic rocks; permeable basalt; karst limestones and dolomites

Greater than or equal to 1 × 10 − 3

1

Sand; sandy clays; sandy loams; loamy sands; sandy silts; sediments that are predominantly sand; highly permeable till (coarse-grained, unconsolidated or compact and highly fractured); peat; moderately permeable limestones and dolomites (no karst); moderately permeable sandstone; moderately permeable fractured igneous and metamorphic rocks

Less than 1 × 10 − 3

2

Silt; loams; silty loams; loesses; silty clays; sediments that are predominantly silts; moderately permeable till (fine-grained, unconsolidated till, or compact till with some fractures); low permeability limestones and dolomites (no karst); low permeability sandstone; low permeability fractured igneous and metamorphic rocks

Less than 1 × 10 − 5

3

Clay; low permeability till (compact unfractured till); shale; unfractured metamorphic and igneous rocks

Less than 1 × 10 − 7

4

Table 5-15—Vertical Migration Factor Values a

Assigned porosity/permeability value

Thickness of lowest porosity layer(s) b (feet)

0 to 5

Greater than 5 to 10

Greater than 10 to 20

Greater than 20 to 50

Greater than 50 to 100

Greater than 100 to 150

1

15

15

14

11

8

6

2

15

14

12

9

6

4

3

15

13

10

7

5

2

4

15

12

9

6

3

1

a If depth to contamination is 10 feet or less or if, for the interval being evaluated, all layers that underlie a portion of the structure at the site are karst or have other channelized flow features, assign a value of 15.

b Consider only layers at least 1 foot thick.

5.2.1.1.2.4 Vapor migration potential. Evaluate this factor for each area of subsurface contamination as follows:

• If the depth to contamination (see section 5.2.1.1.2.2) is 10 feet or less, assign a value of 25.

• Assign a value for vapor migration potential to each of the gaseous hazardous substances associated with the area of subsurface contamination (see section 2.2.2) as follows:

—Assign values from Table 5-16 for both vapor pressure and Henry's constant to each hazardous substance. If Henry's constant cannot be determined for a hazardous substance, assign that hazardous substance a value of 2 for the Henry's constant component.

—Sum the two values assigned to each hazardous substance.

—Based on this sum, assign each hazardous substance a value from Table 5-17 for vapor migration potential.

• Assign a value for vapor migration potential to each area of subsurface contamination as follows:

—Select the hazardous substance associated with the area of subsurface contamination with the highest vapor migration potential value and assign this value as the vapor migration potential factor value for the area of subsurface contamination.

Enter this value in Table 5-11.

Table 5-16—Values for Vapor Pressure and Henry's Constant

Assigned value

Vapor Pressure (Torr):

Greater than 10

3

1 to 10

2

Less than 1

0

Henry's Constant (atm-m 3 /mol):

Greater than 10 − 3

3

Greater than 10 − 4 to 10 − 3

2

10 − 5 to 10 − 4

1

Less than 10 − 5

0

Table 5-17—Vapor Migration Potential Factor Values for a Hazardous Substance

Sum of values for vapor pressure and Henry's constant

Assigned value

0

0

1 or 2

5

3 or 4

15

5 or 6

25

5.2.1.1.2.5 Calculation of potential for exposure factor value. For each identified area of subsurface contamination, sum the factor values for depth to contamination, vertical migration, and vapor migration potential, and multiply this sum by the factor value for structure containment. Select the highest product for any area of subsurface contamination and assign this value as the potential for exposure factor value for the component. Enter this value in Table 5-11.

5.2.1.1.3 Calculation of likelihood of exposure factor category value. If observed exposure is established for the site, assign the observed exposure factor value of 550 as the likelihood of exposure factor category value for the site. Otherwise, assign the potential for exposure factor value for the component as the likelihood of exposure value. Enter the value assigned in Table 5-11.

5.2.1.2 Waste characteristics. Evaluate waste characteristics based on two factors: toxicity/degradation and hazardous waste quantity.

5.2.1.2.1 Toxicity/degradation. For each hazardous substance, assign a toxicity factor value, a degradation factor value and a combined toxicity/degradation factor value as specified in sections 2.2.3, 2.4.1.2 and 5.2.1.2.1.1 through 5.2.1.2.1.3.

5.2.1.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in sections 2.2.2 and 2.4.1.1.

5.2.1.2.1.2 Degradation. Assign a degradation factor value to each hazardous substance as follows:

• For any hazardous substance that meets the criteria for an observed exposure, or if a NAPL is present in the subsurface below an area of observed exposure or area of subsurface contamination at a depth less than or equal to 30 feet, assign that substance a degradation factor value of 1.

• For all other situations, assign a degradation factor value using Table 5-18. Assign the depth to contamination as directed in section 5.2.1.1.2.2, except if evidence indicates that biologically active soil is not present throughout the depth beneath any regularly occupied structure. In this situation, subtract any thickness of non-biologically active soil from the estimated depth to contamination.

Table 5-18—Degradation Factor Value Table

Depth to contamination (feet) a

Half-life

>100 Days

>30 days and ≤100 days

≤30 days

<10

1

1

1

10 to ≤30

1

1

0.1

>30

1

0.5

0.1

a When determining the depth to contamination do not include layers of non-biologically-active soil, nor subsurface intervals with channelized flow ( e.g., karst, lava tubes, open fractures, and manmade preferential pathways as directed in section 5.2.1.1.2.2).

Calculate the half-life for each hazardous substance that meets subsurface intrusion observed release criteria as follows:

The half-life of a substance in the subsurface is defined for HRS purposes as the time required to reduce the initial concentration of the substance in the subsurface by one-half as a result of the combined decay processes of two components: Biodegradation and hydrolysis.

Estimate the half-life (t 1/2 ) of a hazardous substance as follows:

Where:

h=Hydrolysis half-life.

b=Biodegradation half-life.

If either of these component half-lives cannot be estimated for the hazardous substance from available data, delete that component half-life from the above equation.

If no half-life information is available for a hazardous substance and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1.

5.2.1.2.1.3 Calculation of toxicity/degradation factor value. Assign each substance a toxicity/degradation value by multiplying the toxicity factor value by the degradation factor value. Use the hazardous substance with the highest combined toxicity/degradation value to assign the factor value to the toxicity/degradation factor for the subsurface intrusion threat. Enter this value in Table 5-11.

5.2.1.2.2 Hazardous waste quantity. Assign a hazardous waste quantity factor value as specified in section 2.4.2. Consider only those regularly occupied structures or subunits with a non-zero structure containment value. Also include all regularly occupied structures or subunits that have had mitigation systems installed as part of a removal or other temporary response action. If sufficient structure-specific concentration data is available and state of the science shows there is no unacceptable risk of exposure to populations in a regularly occupied structure or subunit in an area of subsurface contamination, that structure or subunit is not included in the hazardous waste quantity evaluation. In estimating the hazardous waste quantity, use Tables 2-5 and 5-19 and:

• For Tier A, hazardous constituent quantity, use the mass of constituents found in the regularly occupied structure(s) where the observed exposure has been identified.

—For multi-subunit structures, when calculating Tier A, use the mass of constituents found in the regularly occupied subunit space(s) where the observed exposure has been identified.

• For Tier B, hazardous wastestream quantity, use the flow-through volume of the regularly occupied structures where the observed exposure has been identified.

—For multi-subunit structures, when calculating Tier B, use the flow-through volume of the regularly occupied subunit spaces where the observed exposure has been identified.

• For Tier C, volume, use the volume divisor listed in Tier C of Table 5-19. Volume is calculated for those regularly occupied structures located within areas of observed exposure with observed or inferred intrusion and within areas of subsurface contamination.

—In evaluating the volume measure for these listed areas of observed exposure and areas of subsurface contamination based on a gaseous/vapor intrusion or the potential for gaseous/vapor intrusion, consider the following:

▪ Calculate the volume of each regularly occupied structure based on actual data. If unknown, use a ceiling height of 8 feet.

▪ For multi-subunit structures, when calculating Tier C, calculate volume for those subunit spaces with observed or inferred exposure and all other regularly occupied subunit spaces on that level, unless available information indicates otherwise. If the structure has multiple stories, also include the volume of all regularly occupied subunit spaces below the floor with an observed exposure and one story above, unless evidence indicates otherwise.

▪ For multi-subunit structures within an area of subsurface contamination and no observed or inferred exposure, consider only the volume of the regularly occupied subunit spaces on the lowest story, unless available information indicates otherwise.

• For Tier D, area, if volume is unknown, use the area divisor listed in Tier D of Table 5-19 for those regularly occupied structures within areas of observed exposure with observed or inferred intrusion and within areas of subsurface contamination.

—In evaluating the area measure for these listed areas of observed exposure and areas of subsurface contamination, calculate the area of each regularly occupied structure (including multi-subunit structures) or subunit based on actual footprint area data.

▪ If the actual footprint area of the structure(s) is unknown, use an area of 1,740 square feet for each structure (or subunit space).

▪ For multi-subunit structures, when calculating Tier D, calculate area for those subunit spaces with observed or inferred exposure and all other regularly occupied subunit spaces on that level, unless available information indicates otherwise. If the structure has multiple stories, also include the area of all regularly occupied subunit spaces below the floor with an observed exposure and one story above, unless evidence indicates otherwise.

▪ For multi-subunit structures within an area of subsurface contamination and no observed or inferred exposure, consider only the area of the regularly occupied subunit spaces on the lowest story, unless available information indicates otherwise.

Table 5-19—Hazardous Waste Quantity Evaluation Equations for Subsurface Intrusion Component

Tier

Measure

Units

Equation for assigning value a

A

Hazardous Constituent Quantity (C)

Lb

C

B b

Hazardous Wastestream Quantity (W)

Lb

W/5,000

C b,c

Volume (V)

Regularly occupied structure(s) in areas of observed exposure or subsurface contamination

yd 3

V/2.5

D b,d

Area (A)

Regularly occupied structure(s) in areas of observed exposure or subsurface contamination

ft 2

A/13

a Do not round to the nearest integer.

b Convert volume to mass when necessary: 1 ton=2,000 pounds=1 cubic yard=4 drums=200 gallons.

c Calculate volume of each regularly occupied structure or subunit space in areas of observed exposure and areas of subsurface contamination—Assume 8-foot ceiling height unless actual value is known.

d Calculate area of the footprint of each regularly occupied structure in areas of observed exposure and areas of subsurface contamination. If the footprint area of a regularly occupied structure is unknown, use 1,740 square feet as the footprint area of the structure or subunit space.

For the subsurface intrusion component, if the hazardous constituent quantity is adequately determined for all areas of observed exposure, assign the value from Table 2-6 as the hazardous waste quantity factor value. If the hazardous constituent quantity is not adequately determined for one or more areas of observed exposure or if one or more areas of subsurface contamination are present, assign either the value from Table 2-6 or assign a factor value as follows:

• If any target for the subsurface intrusion component is subject to Level I or Level II concentrations (see section 2.5), assign either the value from Table 2-6 or a value of 100, whichever is greater, as the hazardous waste quantity factor value for this component.

• If none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and if there has been a removal action that does not permanently interrupt target exposure from subsurface intrusion, and if an area of subsurface contamination exists, assign a factor value as follows:

—Determine the values from Table 2-6 with and without consideration of the removal action.

—If the value that would be assigned from Table 2-6 without consideration of the removal action would be 100 or greater, assign either the value from Table 2-6 with consideration of the removal action or a value of 100, whichever is greater, as the hazardous waste quantity factor value for the component.

—If the value that would be assigned from Table 2-6 without consideration of the removal action would be less than 100, assign a value of 10 as the hazardous waste quantity factor value for the component.

• Otherwise, if none of the targets for the subsurface intrusion component is subject to Level I or Level II concentrations and there has not been a removal action, assign a value from Table 2-6 or a value of 10, whichever is greater.

Enter the value assigned in Table 5-11.

5.2.1.2.3 Calculation of waste characteristics factor category value. Multiply the toxicity/degradation and hazardous waste quantity factor values, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from Table 2-7 (section 2.4.3.1) to the waste characteristics factor category. Enter this value in Table 5-11.

5.2.1.3 Targets. Evaluate the targets factor category for the subsurface intrusion threat based on three factors: Exposed individual, population, and resources in regularly occupied structures with structure containment factors greater than 0. Evaluate only those targets within areas of observed exposure and areas of subsurface contamination (see section 5.2.0).

In evaluating the targets factor category for the subsurface intrusion threat, count only the following as targets:

• Exposed individual—a person living, attending school or day care, or working in a regularly occupied structure with observed exposure or in a structure within an area of observed exposure or within an area of subsurface contamination.

• Population—exposed individuals in a regularly occupied structure within an area of observed exposure or within an area of subsurface contamination.

• Resources—located within an area of observed exposure or within an area of subsurface contamination as specified in section 5.2.1.3.3.

If a formerly occupied structure has been vacated due to subsurface intrusion attributable to the site, count the initial targets as if they were still residing in the structure. In addition, if a removal or temporary response action has occurred that has not completely mitigated the release, count the initial targets as if the removal or temporary response action has not permanently interrupted target exposure from subsurface intrusion. Evaluate those targets based on conditions at the time of removal of temporary response action.

For populations residing in or working in a multi-subunit structure with multiple stories in an area of observed exposure or area of subsurface contamination, count these targets as follows:

• If there is no observed exposure within the structure, include in the evaluation only those targets, if any, in the lowest occupied level. If sufficient structure-specific concentration data is available and state of the science shows there is no unacceptable risk of exposure to targets in the lowest level, those targets are not included in the evaluation.

• If there is an observed exposure in any level, include in the evaluation those targets in that level, the level above and all levels below. (The weighting of these targets is specified in Section 5.2.1.3.2.) If sufficient structure-specific concentration data is available and state of the science shows there is no unacceptable risk of exposure to targets in the level above where the observed exposure has been documented, those targets are not included in the evaluation.

5.2.1.3.1 Exposed individual. Evaluate this factor based on whether there is an exposed individual, as specified in sections 2.5.1, 2.5.2 and 5.2.1.3, who is subject to Level I or Level II concentrations.

First, determine those regularly occupied structures or partitioned subunit(s) within structures in an area of observed exposure subject to Level I concentrations and those subject to Level II concentrations as specified as follows (see section 5.2.0):

• Level I Concentrations: For contamination resulting from subsurface intrusion, compare the hazardous substance concentrations in any sample meeting the observed exposure by chemical analysis criteria to the appropriate benchmark. Use the health-based benchmarks from Table 5-20 to determine the level of contamination.

—If the sample is from a structure with no subunits and the concentration equals or exceeds the appropriate benchmark, assign Level I concentrations to the entire structure.

—If the sample is from a subunit within a structure and the concentration from that subunit equals or exceeds the appropriate benchmark, assign Level I concentrations to that subunit.

• Level II Concentrations: Structures, or subunits within structures, with one or more samples that meet observed exposure by chemical analysis criteria but do not equal or exceed the appropriate benchmark; structures, or subunits, that have an observed exposure by direct observation; and structures inferred to be in an area of observed exposure based on samples meeting observed exposure, are assigned Level II concentrations.

—For all regularly occupied structures, or subunits in such structures, in an area of observed exposure that are not assigned Level I concentrations, assign Level II concentrations.

Then assign a value to the exposed individual factor as follows:

• Assign a value of 50 if there is at least one exposed individual in one or more regularly occupied structures subject to Level I concentrations.

• Assign a value of 45 if there are no Level I exposed individuals, but there is at least one exposed individual in one or more regularly occupied structures subject to Level II concentrations.

• Assign a value of 20 if there is no Level I or Level II exposed individual but there is at least one individual in a regularly occupied structure within an area of subsurface contamination. Enter the value assigned in Table 5-11.

5.2.1.3.2 Population. Evaluate population based on three factors: Level I concentrations, Level II concentrations, and population within an area of subsurface contamination. Determine which factors apply as specified in section 5.2.1.3.1, using the health-based benchmarks from Table 5-20. Evaluate populations subject to Level I and Level II concentrations as specified in section 2.5.

Table 5-20—Health-Based Benchmarks for Hazardous Substances in the Subsurface Intrusion Component

Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 individual cancer risk using the inhalation unit risk. For oral exposures use the oral cancer slope factor.

Screening concentration for noncancer toxicological responses corresponding to the reference dose (RfD) for oral exposure and the reference concentration (RfC) for inhalation exposures.

Count only those persons meeting the criteria for population as specified in section 5.2.1.3. In estimating the number of individuals in structures in an area of observed exposure or area of subsurface contamination if the actual number of residents is not known, multiply each residence by the average number of persons per residence for the county in which the residence is located.

5.2.1.3.2.1 Level I concentrations. Assign the population subject to Level I concentrations as follows:

1. Identify all exposed individuals regularly present in an eligible structure with a structure containment value greater than zero, or if the structure has subunits, identify those regularly present in each subunit, located in an area of observed exposure subject to Level I concentrations as described in sections 5.2.0 and 5.2.1.3.1. Identify only once per structure those exposed individuals that are using more than one eligible subunit of the same structure ( e.g., using a common or shared area and other parts of the same structure).

2. For each structure or subunit count the number of individuals residing in or attending school or day care in the structure or subunit.

3. Count the number of full-time and part-time workers in the structure or subunit(s) subject to Level I concentrations. If information is unavailable to classify a worker as full- or part-time, evaluate that worker as being full-time. Divide the number of full-time workers by 3 and the number of part-time workers by 6, and then sum these products with the number of other individuals for each structure or subunit.

4. Sum this combined value for all structures, or subunits, within areas of observed exposure and multiply this sum by 10.

Assign the resulting product as the combined population factor value subject to Level I concentrations for the site. Enter this value in line 9a of Table 5-11.

5.2.1.3.2.2 Level II concentrations. Assign the population subject to Level II concentrations as follows:

1. Identify all exposed individuals regularly present in an eligible structure with a structure containment value greater than zero, or if the structure has subunits, identify those regularly present in each subunit, located in an area of observed exposure subject to Level II concentrations as described in sections 5.2.0 and 5.2.1.3.1. Identify only once per structure those exposed individuals that are using more than one eligible subunit of the same structure ( e.g., using a common or shared area and other parts of the same structure).

2. Do not include exposed individuals already counted under the Level I concentrations factor.

3. For each structure or subunit(s), count the number of individuals residing in or attending school or day care in the structure, or subunit, subject to Level II concentrations.

4. Count the number of full-time and part-time workers in the structure or subunit(s) subject to Level II concentrations. If information is unavailable to classify a worker as full- or part-time, evaluate that worker as being full-time. Divide the number of full-time workers by 3 and the number of part-time workers by 6, and then sum these products with the number of other individuals for each structure or subunit.

5. Sum the combined population value for all structures within the areas of observed exposure for the site.

Assign this sum as the combined population factor value subject to Level II concentrations for this site. Enter this value in line 9b of Table 5-11.

5.2.1.3.2.3 Population within area(s) of subsurface contamination. Assign the population in area(s) of subsurface contamination factor value as follows. If sufficient structure-specific concentration data is available and state of the science shows there is no unacceptable risk of exposure to populations in a regularly occupied structure in an area of subsurface contamination, those populations are not included in the evaluation. (see sections 5.2.0 and 5.2.1.3.1):

1. Identify the regularly occupied structures with a structure containment value greater than zero and the eligible population associated with the structures or portions of structures in each area of subsurface contamination:

• For each regularly occupied structure or portion of a structure in an area of subsurface contamination, sum the number of all individuals residing in or attending school or day care, in the structure or portion of the structure in the area of subsurface contamination.

• Count the number of full-time and part-time workers regularly present in each structure or portion of a structure in an area of subsurface contamination. If information is unavailable to classify a worker as full- or part-time, evaluate that worker as being full-time. Divide the number of full-time workers by 3 and the number of part-time workers by 6. Sum these products with the number of individuals residing in or attending school or day care in the structure.

• Use this sum as the population for the structure.

2. Estimate the depth or distance to contamination at each regularly occupied structure within an area of subsurface contamination based on available sampling data, and categorize each eligible structure based on the depth or distance to contamination and sample media as presented in Table 5-21. Weight the population in each structure using the appropriate weighting factors in Table 5-21. If samples from multiple media are available, use the sample that results in the highest weighting factor.

3. Sum the weighted population in all structures within the area(s) of subsurface contamination and assign this sum as the population within an area of subsurface contamination factor value. Enter this value in line 9c of Table 5-11.

Table 5-21—Weighting Factor Values for Populations Within an Area of Subsurface Contamination

Eligible populations a in structures b within an area of subsurface contamination

Population weighting factor

Samples From Within Structures or in Crawl Spaces

1. Population in a structure with levels of contamination in a semi-enclosed or enclosed crawl space sample meeting observed release criteria or

0.9

Population in a subunit of a multi-story structure within an area of subsurface contamination located directly above a level in an area of observed exposure or a gaseous indoor air sample meeting observed release criteria or

Population within a structure where a mitigation system has been installed as part of a removal or other temporary response action.

2. Population in a structure where levels of contaminants meeting observed release criteria are inferred based on semi-enclosed or enclosed crawl space samples in surrounding structures, and a NAPL is present in those samples

0.8

3. Population in a structure where levels of contaminants meeting observed release criteria are inferred based on semi-enclosed or enclosed crawl space samples in surrounding structures, but no NAPL is present

0.4

Subsurface Samples From Less Than or Equal to 5 Feet From a Foundation

4. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any sampling media at or within five feet horizontally or vertically of the structure foundation, and a NAPL is present within that depth

0.8

5. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any sampling media at or within five feet horizontally or vertically of the structure foundation, but no NAPL is present within that depth

0.4

Subsurface Samples From Greater Than 5 Feet But Less Than or Equal to 30 Feet Depth

6. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any underlying non-ground water subsurface sample at a depth greater than 5 feet but less than or equal to 30 feet from a structure foundation and a NAPL is present within that depth

0.4

7. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any underlying non-ground water subsurface sample at a depth greater than 5 feet but less than or equal to 30 feet, but no NAPL is present within that depth

0.2

8. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on underlying ground water samples greater than 5 feet from the structure foundation but less than or equal to 30 feet, and a NAPL is present in those samples

0.2

9. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on underlying ground water samples greater than 5 feet from the structure foundation but less than or equal to 30 feet, but no NAPL is present in those samples

0.1

Subsurface Samples From Greater Than 30 Feet Depth

10. Population in a structure where levels of contaminants meeting observed release criteria are found or inferred based on any underlying sample at depths greater than 30 feet

0.1

a Eligible populations include residents (including individuals living in, or attending school or day care in the structure), and workers in regularly occupied structures (see HRS Section 5.2.1.3).

b Eligible structures may include single- or multi-tenant structures where eligible populations reside, attend school or day care, or work. These structures may also be mixed use structures.

5.2.1.3.2.4 Calculation of population factor value. Sum the factor values for Level I concentrations, Level II concentrations, and population within the area(s) of subsurface contamination. Assign this sum as the population factor value. Enter this value in line 9d of Table 5-11.

5.2.1.3.3 Resources. Evaluate the resources factor as follows:

• Assign a value of 5 if a resource structure ( e.g., library, church, tribal facility) is present and regularly occupied within either an area of observed exposure or area of subsurface contamination.

• Assign a value of 0 if there is no resource structure within an area of observed exposure or area of subsurface contamination.

Enter the value assigned in Table 5-11.

5.2.1.3.4 Calculation of targets factor category value. Sum the values for the exposed individual, population, and resources factors. Do not round to the nearest integer. Assign this sum as the targets factor category value for the subsurface intrusion component. Enter this value in Table 5-11.

5.2.2 Calculation of subsurface intrusion component score. Multiply the factor category values for likelihood of exposure, waste characteristics, and targets and round the product to the nearest integer. Divide the product by 82,500. Assign the resulting value, subject to a maximum of 100, as the subsurface intrusion component score and enter this score in Table 5-11.

5.3 Calculation of the soil exposure and subsurface intrusion pathway score. Sum the soil exposure component score and subsurface intrusion component score. Assign the resulting value, subject to a maximum of 100, as the soil exposure and subsurface intrusion pathway score (S sessi ). Enter this score in Table 5-11.

6.0 Air Migration Pathway

Evaluate the air migration pathway based on three factor categories: likelihood of release, waste characteristics, and targets. Figure 6-1 indicates the factors included within each factor category.

Determine the air migration pathway score (S a ) in terms of the factor category values as follows:

where:

LR = Likelihood of release factor category value.

WC = Waste characteristics factor category value.

T = Targets factor category value.

SF = Scaling factor.

Table 6-1 outlines the specific calculation procedure.

Table 6-1—Air Migration Pathway Scoresheet

Factor categories and factors

Maximum value

Value assigned

Likelihood of Release

1. Observed Release

550

____

2. Potential to Release:

2a. Gas Potential to Release

500

____

2b. Particulate Potential to Release

500

____

2c. Potential to Release (higher of lines 2a and 2b)

500

____

3. Likelihood of Release (higher of lines 1 and 2c)

550

____

Waste Characteristics

4. Toxicity/Mobility

(a)

____

5. Hazardous Waste Quantity

(a)

____

6. Waste Characteristics

100

____

Targets

7. Nearest Individual

50

____

8. Population:

8a. Level I Concentrations

(b)

____

8b. Level II Concentrations

(b)

____

8c. Potential Contamination

(b)

____

8d. Population (lines 8a + 8b + 8c)

(b)

____

9. Resources

5

____

10. Sensitive Environments

10a. Actual Contamination

(c)

____

10b. Potential Contamination

(c)

____

10c. Sensitive Environments (lines 10a + 10b)

(c)

____

11. Targets (lines 7 + 8d + 9 + 10c)

(b)

____

Air Migration Pathway Score

12. Pathway Score (S a ) [(lines 3 × 6 × 11)/82,500] d

100

____

a Maximum value applies to waste characteristics category.

b Maximum value not applicable.

c No specific maximum value applies to factor. However, pathway score based solely on sensitive environments is limited to maximum of 60.

d Do not round to nearest integer.

6.1 Likelihood of Release. Evaluate the likelihood of release factor category in terms of an observed release factor or a potential to release factor.

6.1.1 Observed release. Establish an observed release to the atmosphere by demonstrating that the site has released a hazardous substance to the atmosphere. Base this demonstration on either:

• Direct observation—a material (for example, particulate matter) that contains one or more hazardous substances has been seen entering the atmosphere directly. When evidence supports the inference of a release of a material that contains one or more hazardous substances by the site to the atmosphere, demonstrated adverse effects accumulated with that release may be used to establish an observed release.

• Chemical analysis—an analysis of air samples indicates that the concentration of ambient hazardous substance(s) has increased significantly above the background concentration for the site (see section 2.3). Some portion of the significant increase must be attributable to the site to establish the observed release.

If an observed release can be established, assign an observed release factor value of 550, enter this value in table 6-1, and proceed to section 6.1.3. If an observed release cannot be established, assign an observed release factor value of 0, enter this value in table 6-1, and proceed to section 6.1.2.

6.1.2 Potential to release. Evaluate potential to release only if an observed release cannot be established. Determine the potential to release factor value for the site by separately evaluating the gas potential to release and the particulate potential to release for each source at the site. Select the highest potential to release value (either gas or particulate) calculated for the sources evaluated and assign that value as the site potential to release factor value as specified below.

6.1.2.1 Gas potential to release. Evaluate gas potential to release for those sources that contain gaseous hazardous substances—that is, those hazardous substances with a vapor pressure greater than or equal to 10 −9 torr.

Evaluate gas potential to release for each source based on three factors: gas containment, gas source type, and gas migration potential. Calculate the gas potential to release value as illustrated in table 6-2. Combine sources with similar characteristics into a single source in evaluating the gas potential to release factors.

Table 6-2—Gas Potential to Release Evaluation

Source

Source type a

Gas containment factor value b

Gas source type factor value c

Gas migration potential factor value d

Sum

Gas source value

A

B

C

(B + C)

A(B + C)

1.

2.

3.

4.

5.

6.

7.

8.

Gas Potential to Release Factor (Select the Highest Gas Source Value)

a Enter a Source Type listed in table 6-4.

b Enter Gas Containment Factor Value from section 6.1.2.1.1.

c Enter Gas Source Type Factor Value from section 6.1.2.1.2.

d Enter Gas Migration Potential Factor Value from section 6.1.2.1.3.

6.1.2.1.1 Gas containment. Assign each source a value from table 6-3 for gas containment. Use the lowest value from table 6-3 that applies to the source, except: assign a value of 10 if there is evidence of biogas release or if there is an active fire within the source.

Table 6-3—Gas Containment Factor Values

Gas containment description

Assigned value

All situations except those specifically listed below

10

Evidence of biogas release

10 a

Active fire within source

10 a

Gas collection/treatment system functioning, regularly inspected, maintained, and completely covering source

0

Source substantially surrounded by engineering windbreak and no other containment specifically described in this table applies

7

Source covered with essentially impermeable, regularly inspected, maintained cover

0

Uncontaminated soil cover >3 feet:

• Source substantially vegetated with little exposed soil

0

• Source lightly vegetated with much exposed soil

3

• Source substantially devoid of vegetation

7

Uncontaminated soil cover ≥1 foot and ≥3 feet:

• Source heavily vegetated with essentially no exposed soil

—Cover soil type resistant to gas migration b

3

—Cover soil type not resistant to gas migration b or unknown

7

• Source substantially vegetated with little exposed soil and cover soil type resistant to gas migration b

7

• Other

10

Uncontaminated soil cover <1 foot:

• Source heavily vegetated with essentially no exposed soil and cover soil type resistant to gas migration b

7

• Other

10

Totally or partially enclosed within structurally intact building and no other containment specifically described in this table applies

7

Source consists solely of intact, sealed containers:

• Totally protected from weather by regularly inspected, maintained cover

0

• Other

3

a This value must be used if applicable.

b Consider moist fine-grained and saturated coarse-grained soils resistant to gas migration. Consider all other soils nonresistant.

6.1.2.1.2 Gas source type. Assign a value for gas source type to each source as follows:

• Determine if the source meets the minimum size requirement based on the source hazardous waste quantity value (see section 2.4.2.1.5). If the source receives a source hazardous waste quantity value of 0.5 or more, consider the source to meet the minimum size requirement.

• If the source meets the minimum size requirement, assign it a value from table 6-4 for gas source type.

• If the source does not meet the minimum size requirement, assign it a value of 0 for gas source type.

If no source at the site meets the minimum size requirement, assign each source at the site a value from table 6-4 for gas source type.

Table 6-4—Source Type Factor Values

Source type

Assigned value

Gas

Particulate

Active fire area

14

30

Burn pit

19

22

Containers or tanks (buried/below-ground):

• Evidence of biogas release

33

22

• No evidence of biogas release

11

22

Containers or tanks, not elsewhere specified

28

14

Contaminated soil (excluding land treatment)

19

22

Landfarm/land treatment

28

22

Landfill:

• Evidence of biogas release

33

22

• No evidence of biogas release

11

22

Pile:

• Tailings pile

6

28

• Scrap metal or junk pile

6

17

• Trash pile

6

6

• Chemical waste pile

11

28

• Other waste piles

17

28

Surface impoundments (buried/backfilled):

• Evidence of biogas release

33

22

• No evidence of biogas release

11

22

Surface impoundment (not buried/backfilled):

• Dry

19

22

• Other

28

0

Other types of sources, not elsewhere specified

0

0

6.1.2.1.3 Gas migration potential. Evaluate this factor for each source as follows:

• Assign a value for gas migration potential to each of the gaseous hazardous substances associated with the source (see section 2.2.2) as follows:

-Assign values from table 6-5 for vapor pressure and Henry's constant to each hazardous substance. If Henry's constant cannot be determined for a hazardous substance, assign that hazardous substance a value of 2 for the Henry's constant component.

-Sum the two values assigned to the hazardous substance.

-Based on this sum, assign the hazardous substance a value from table 6-6 for gas migration potential.

• Assign a value for gas migration potential to each source as follows:

-Select three hazardous substances associated with the source:

-If more than three gaseous hazardous substances can be associated with the source, select three that have the highest gas migration potential values.

-If fewer than three gaseous hazardous substances can be associated with a source, select all of them.

-Average the gas migration potential values assigned to the selected hazardous substances.

-Based on this average value, assign the source a gas migration potential value from table 6-7.

Table 6-5—Values for Vapor Pressure and Henry's Constant

Vapor pressure (Torr)

Assigned value

Greater than 10

3

Greater than 10 −3 to 10

2

10 −5 to 10 −3

1

Less than 10 −5

0

Henry's constant (atm-m 3 /mol)

Assigned value

Greater than 10 −3

3

Greater than 10 −5 to 10 −3

2

10 −7 to 10 −5

1

Less than 10 −7

0

Table 6-6—Gas Migration Potential Values for a Hazardous Substance

Sum of values for vapor pressure and Henry's constant

Assigned value

0

0

1 or 2

6

3 or 4

11

5 or 6

17

Table 6-7—Gas Migration Potential Values for the Source

Average of gas migration potential values for three hazardous substances a

Assigned value

0 to <3

0

3 to <8

6

8 to <14

11

14 to 17

17

a If fewer than three hazardous substances can be associated with the source, compute the average based only on those hazardous substances that can be associated.

6.1.2.1.4 Calculation of gas potential to release value. Determine the gas potential to release value for each source as illustrated in table 6-2. For each source, sum the gas source type factor value and gas migration potential factor value and multiply this sum by the gas containment factor value. Select the highest product calculated for the sources evaluated and assign it as the gas potential to release value for the site. Enter this value in table 6-1.

6.1.2.2 Particulate potential to release. Evaluate particulate potential to release for those sources that contain particulate hazardous substances—that is, those hazardous substances with a vapor pressure less than or equal to 10 −1 torr.

Evaluate particulate potential to release for each source based on three factors: particulate containment, particulate source type, and particulate migration potential. Calculate the particulate potential to release value as illustrated in table 6-8. Combine sources with similar characteristics into a single source in evaluating the particulate potential to release factors.

6.1.2.2.1 Particulate containment. Assign each source a value from table 6-9 for particulate containment. Use the lowest value from table 6-9 that applies to the source.

6.1.2.2.2 Particulate source type. Assign a value for particulate source type to each source in the same manner as specified for gas sources in section 6.1.2.1.2.

6.1.2.2.3 Particulate migration potential. Based on the site location, assign a value from Figure 6-2 for particulate migration potential. Assign this same value to each source at the site.

Table 6-8—Particulate Potential to Release Evaluation

Source

Source type a

Particulate containment factor value b

Particulate type factor value c

Particulate migration potential factor value d

Sum

Particulate source value

A

B

C

(B + C)

A (B + C)

1.

2.

3.

4.

5.

6.

7.

8.

Particulate Potential to Release Factor Value (Select Highest Particulate Source Value)

a Enter a Source Type listed in table 6-4.

b Enter Particulate Containment Factor Value from section 6.1.2.2.1.

c Enter Particulate Source Type Factor Value from section 6.1.2.2.2.

d Enter Particulate Migration Potential Factor Value from section 6.1.2.2.3.

Table 6-9—Particulate Containment Factor Values

Particulate containment description

Assigned value

All situations except those specifically listed below

10

Source contains only particulate hazardous substances totally covered by liquids

0

Source substantially surrounded by engineered windbreak and no other containment specifically described in this table applies

7

Source covered with essentially impermeable, regularly inspected, maintained cover

0

Uncontaminated soil cover >3 feet:

• Source substantially vegetated with little or no exposed soil

0

• Source lightly vegetated with much exposed soil

3

• Source substantially devoid of vegetation

7

Uncontaminated soil cover ≥1 foot and ≤3 feet:

• Source heavily vegetated with essentially no exposed soil:

—Cover soil type resistant to gas migration a

3

—Cover soil type not resistant to gas migration a or unknown

7

• Source substantially vegetated with little exposed soil and cover soil type resistant to gas migration a

7

• Other

10

Uncontaminated soil cover <1 foot:

• Source heavily vegetated with essentially no exposed soil and cover soil type resistant to gas migration a

7

• Other

10

Totally or partially enclosed within structurally intact building and no other containment specifically described in this table applies

7

Source consists solely of containers:

• All containers contain only liquids

0

• All containers intact, sealed, and totally protected from weather by regularly inspected, maintained cover

0

• All containers intact and sealed

3

• Other

10

a Consider moist fine-grained and saturated coarse-grained soils resistant to gas migration. Consider all other soils nonresistant.

Figure 6-2—Particulate Migration Potential Factor Values—Concluded

Location

Particulate migration potential assigned value

Hawaiian Islands

Hilo, Hawaii

0

Honolulu, Oahu

17

Kahului, Maui

17

Lanai

17

Lihue, Kauai

11

Molokai

17

Pacific Islands

Guam

6

Johnston Island

17

Koror Island

0

Kwajalein Island

6

Mujuro, Marshall Islands

0

Pago Pago, American Samoa

0

Ponape Island

0

Truk, Caroline Islands

0

Wake Island

17

Yap Island

0

Alaska

Anchorage

17

Annette

0

Barrow

17

Barter Island

17

Bethel

17

Bettles

17

Big Delta

17

Cold Bay

6

Fairbanks

17

Gulkana

17

Homer

11

Juneau

0

King Salmon

11

Kodiak

0

Kutzebue

17

McGrath

17

Nome

11

St. Paul Island

11

Talkeetna

6

Unalakleet

17

Valdez

0

Yakutat

0

American Virgin Islands

St. Croix

17

St. John

11

St. Thomas

11

Puerto Rico

Arecibo

6

Coloso

6

Fajardo

11

Humacao

6

Isabela Station

11

Ponce

17

San Juan

11

For site locations not on Figure 6-2, and for site locations near the boundary points on Figure 6-2, assign a value as follows. First, calculate a Thornthwaite P-E index using the following equation:

where:

PE = Thornthwaite P-E index.

P i = Mean monthly precipitation for month i, in inches.

T i = Mean monthly temperature for month i, in degrees Fahrenheit; for any month having a mean monthly temperature less than 28.4 °F, use 28.4 °F.

Based on the calculated Thornthwaite P-E index, assign a source particulate migration potential value to the site from table 6-10. Assign this same value to each source at the site.

Table 6-10—Particulate Migration Potential Values

Thornthwaite P-E Index

Assigned value

Greater than 150

0

85 to 150

6

50 to less than 85

11

Less than 50

17

6.1.2.2.4 Calculation of particulate potential to release value. Determine the particulate potential to release value for each source as illustrated in table 6-8. For each source, sum its particulate source type factor value and particulate migration potential factor value and multiply this sum by its particulate containment factor value. Select the highest product calculated for the sources evaluated and assign it as the particulate potential to release value for the site. Enter the value in table 6-1.

6.1.2.3 Calculation of potential to release factor value for the site. Select the higher of the gas potential to release value assigned in section 6.1.2.1.4 and the particulate potential to release value assigned in section 6.1.2.2.4. Assign the value selected as the site potential to release factor value. Enter this value in table 6-1.

6.1.3 Calculation of likelihood of release factor category value. If an observed release is established, assign the observed release factor value of 550 as the likelihood of release factor category value. Otherwise, assign the site potential to release factor value as the likelihood of release factor category value. Enter the value in table 6-1.

6.2 Waste characteristics. Evaluate the waste characteristics factor category based on two factors: toxicity/mobility and hazardous waste quantity. Evaluate only those hazardous substances available to migrate from the sources at the site to the atmosphere. Such hazardous substances include:

• Hazardous substances that meet the criteria for an observed release to the atmosphere.

• All gaseous hazardous substances associated with a source that has a gas containment factor value greater than 0 (see section 2.2.2, 2.2.3, and 6.1.2.1.1).

• All particulate hazardous substances associated with a source that has a particulate containment factor value greater than 0 (see section 2.2.2, 2.2.3, and 6.1.2.2.1).

6.2.1 Toxicity/mobility. For each hazardous substance, assign a toxicity factor value, a mobility factor value, and a combined toxicity/mobility factor value as specified below. Select the toxicity/mobility factor value for the air migration pathway as specified in section 6.2.1.3.

6.2.1.1 Toxicity. Assign a toxicity factor value to each hazardous substance as specified in section 2.4.1.1.

6.2.1.2 Mobility. Assign a mobility factor value to each hazardous substance as follows:

• Gaseous hazardous substance.

-Assign a mobility factor value of 1 to each gaseous hazardous substance that meets the criteria for an observed release to the atmosphere.

-Assign a mobility factor value from table 6-11, based on vapor pressure, to each gaseous hazardous substance that does not meet the criteria for an observed release.

• Particulate hazardous substance.

-Assign a mobility factor value of 0.02 to each particulate hazardous substance that meets the criteria for an observed release to the atmosphere.

-Assign a mobility factor value from Figure 6-3, based on the site's location, to each particulate hazardous substance that does not meet the criteria for an observed release. (Assign all such particulate hazardous substances this same value.)

-For site locations not on Figure 6-3 and for site locations near the boundary points on Figure 6-3, assign a mobility factor value to each particulate hazardous substance that does not meet the criteria for an observed release as follows:

-Calculate a value M:

M = 0.0182 (U

3 /[PE]

2 )

where:

U = Mean average annual wind speed (meters per second).

PE = Thornthwaite P-E index from section 6.1.2.2.3.

-Based on the value M, assign a mobility factor value from table 6-12 to each particulate hazardous substance.

• Gaseous and particulate hazardous substances.

-For a hazardous substance potentially present in both gaseous and particulate forms, select the higher of the factor values for gas mobility and particulate mobility for that substance and assign that value as the mobility factor value for the hazardous substance.

6.2.1.3 Calculation of toxicity/mobility factor value. Assign each hazardous substance a toxicity/mobility factor value from table 6-13, based on the values assigned to the hazardous substance for the toxicity and mobility factors. Use the hazardous substance with the highest toxicity/mobility factor value to assign the value to the toxicity/mobility factor for the air migration pathway. Enter this value in table 6-1.

Table 6-11—Gas Mobility Factor Values

Vapor pressure (Torr)

Assigned value a

Greater than 10 −1

1.0

Greater than 10 −3 to 10 −1

0.2

Greater than 10 −5 to 10 −3

0.02

Greater than 10 −7 to 10 −5

0.002

Less than or equal to 10 −7

0.0002

a Do not round to nearest integer.

Figure 6-3—Particulate Mobility Factor Values—Concluded

Location

Particulated mobility assigned value

Pacific Islands

Guam

0.0002

Johnston Island

0.002

Koror Island

0.00008

Kwajalein Island

0.0002

Mujuro, Marshall Islands

0.00008

Pago Pago, American Samoa

0.00008

Ponape Island

0.00002

Truk, Caroline Islands

0.00008

Wake Island

0.002

Yap Island

0.00008

American Virgin Islands

St. Croix

0.0008

St. John

0.0002

St. Thomas

0.0002

Table 6-12—Particulate Mobility Factor Values

M

Assigned value a

Greater than 1.4 × 10 −2

0.02

Greater than 4.4 × 10 −3 to 1.4 × 10 −2

0.008

Greater than 1.4 × 10 −3 to 4.4 × 10 −3

0.002

Greater than 4.4 × 10 −4 to 1.4 × 10 −3

0.0008

Greater than 1.4 × 10 −4 to 4.4 × 10 −4

0.0002

Greater than 4.4 × 10 −5 to 1.4 × 10 −4

0.00008

Less than or equal to 4.4 × 10 −5

0.00002

a Do not round to nearest integer.

Table 6-13—Toxicity/Mobility Factor Values a

Mobility factor value

Toxicity factor value

10,000

1,000

100

10

1

0

1.0

10,000

1,000

100

10

1

0

0.2

2,000

200

20

2

0.2

0

0.02

200

20

2

0.2

0.02

0

0.008

80

8

0.8

0.08

0.008

0

0.002

20

2

0.2

0.02

0.002

0

0.0008

8

0.8

0.08

0.008

0.0008

0

0.0002

2

0.2

0.02

0.002

0.0002

0

0.00008

0.8

0.08

0.008

0.0008

0.00008

0

0.00002

0.2

0.02

0.002

0.0002

0.00002

0

a Do not round to nearest integer.

6.2.2 Hazardous waste quantity. Assign a hazardous waste quantity factor value for the air migration pathway as specified in section 2.4.2. Enter this value in table 6-1.

6.2.3 Calculation of waste characteristics factor category value. Multiply the toxicity/mobility factor value and the hazardous waste quantity factor value, subject to a maximum product of 1 × 10

8 . Based on this product, assign a value from table 2-7 (section 2.4.3.1) to the waste characteristics factor category. Enter this value in table 6-1.

6.3 Targets.

Evaluate the targets factor category based on four factors: nearest individual, population, resources, and sensitive environments. Include only those targets (for example, individuals, sensitive environments) located within the 4-mile target distance limit, except: if an observed release is established beyond the 4-mile target distance limit, include those additional targets that are specified below in this section and in section 6.3.4.

Evaluate the nearest individual and population factors based on whether the target populations are subject to Level I concentrations, Level II concentrations, or potential contamination. Determine which applies to a target population as follows.

If no samples meet the criteria for an observed release to air and if there is no observed release by direct observation, consider the entire population within the 4-mile target distance limit to be subject to potential contamination.

If one or more samples meet the criteria for an observed release to air or if there is an observed release by direct observation, evaluate the population as follows:

• Determine the most distant sample location that meets the criteria for Level I concentrations as specified in sections 2.5.1 and 2.5.2 and the most distant location (that is, sample location or direct observation location) that meets the criteria for Level II concentrations. Use the health-based benchmarks from table 6-14 in determining the level of contamination for sample locations. If the most distant Level II location is closer to a source than the most distant Level I sample location, do not consider the Level II location.

• Determine the single most distant location (sample location or direct observation location) that meets the criteria for Level I or Level II concentrations.

• If this single most distant location is within the 4-mile target distance limit, identify the distance categories from table 6-15 in which the selected Level I concentrations sample and Level II concentrations sample (or direct observation location) are located:

-Consider the target population anywhere within this furthest Level I distance category, or anywhere within a distance category closer to a source at the site, as subject to Level I concentrations.

-Consider the target population located beyond any Level I distance categories, up to and including the population anywhere within the furthest Level II distance category, as subject to Level II concentrations.

-Consider the remainder of the target population within the 4-mile target distance limit as subject to potential contamination.

• If the single most distant location is beyond the 4-mile target distance limit, identify the distance at which the selected Level I concentrations sample and Level II concentrations sample (or direct observation location) are located:

-If the Level I sample location is within the 4-mile target distance limit, identify the target population subject to Level I concentrations as specified above.

-If the Level I sample location is beyond the 4-mile target distance limit, consider the target population located anywhere within a distance from the sources at the site equal to the distance to this sample location to be subject to Level I concentrations and include them in the evaluation.

-Consider the target population located beyond the Level I target population, but located anywhere within a distance from the sources at the site equal to the distance to the selected Level II location, to be subject to Level II concentrations and include them in the evaluation.

-Do not include any target population as subject to potential contamination.

Table 6-14—Health-based Benchmarks for Hazardous Substances in Air

• Concentration corresponding to National Ambient Air Quality Standard (NAAQS).

• Concentration corresponding to National Emission Standards for Hazardous Air Pollutants (NESHAPs).

• Screening concentration for cancer corresponding to that concentration that corresponds to the 10 − 6 individual cancer risk for inhalation exposures.

• Screening concentration for noncancer toxicological responses corresponding to the Reference Concentration (RfC) for inhalation exposures.

Table 6-15—Air Migration Pathway Distance Weights

Distance category (miles)

Assigned distance weight a

0

1.0

Greater than 0 to 1 ⁄ 4

0.25

Greater than 1 ⁄ 4 to 1 ⁄ 2

0.054

Greater than 1 ⁄ 2 to 1

0.016

Greater than 1 to 2

0.0051

Greater than 2 to 3

0.0023

Greater than 3 to 4

0.0014

Greater than 4

0

a Do not round to nearest integer.

6.3.1 Nearest individual. Assign the nearest individual factor a value as follows:

• If one or more residences or regularly occupied buildings or areas is subject to Level I concentrations as specified in section 6.3, assign a value of 50.

• If not, but if one or more a residences or regularly occupied buildings or areas is subject to Level II concentrations, assign a value of 45.

• If none of the residences and regularly occupied buildings and areas is subject to Level I or Level II concentrations, assign a value to this factor based on the shortest distance to any residence or regularly occupied building or area, as measured from any source at the site with an air migration containment factor value greater than 0. Based on this shortest distance, assign a value from table 6-16 to the nearest individual factor.

Enter the value assigned in table 6-1.

Table 6-16—Nearest Individual Factor Values

Distance to nearest individual (miles)

Assigned value

Level I concentrations a

50

Level II concentrations a

45

0 to 1 ⁄ 8

20

Greater than 1 ⁄ 8 to 1 ⁄ 4

7

Greater than 1 ⁄ 4 to 1/2

2

Greater than 1 ⁄ 2 to 1

1

Greater than 1

0

a Distance does not apply.

6.3.2 Population. In evaluating the population factor, count residents, students, and workers regularly present within the target distance limit. Do not count transient populations such as customers and travelers passing through the area.

In estimating residential population, when the estimate is based on the number of residences, multiply each residence by the average number of persons per residence for the county in which the residence is located.

6.3.2.1 Level of contamination. Evaluate the population factor based on three factors: Level I concentrations, Level II concentrations, and potential contamination.

Evaluate the population subject to Level I concentrations (see section 6.3) as specified in section 6.3.2.2, the population subject to Level II concentrations as specified in section 6.3.2.3, and the population subject to potential contamination as specified in section 6.3.2.4.

For the potential contamination factor, use population ranges in evaluating the factor as specified in section 6.3.2.4. For the Level I and Level II concentrations factors, use the population estimate, not population ranges, in evaluating both factors.

6.3.2.2 Level I concentrations. Sum the number of people subject to Level I concentrations. Multiply this sum by 10. Assign the product as the value for this factor. Enter this value in table 6-1.

6.3.2.3 Level II concentrations. Sum the number of people subject to Level II concentrations. Do not include those people already counted under the Level I concentrations factor. Assign this sum as the value for this factor. Enter this value in table 6-1.

6.3.2.4 Potential contamination. Determine the number of people within each distance category of the target distance limit (see table 6-15) who are subject to potential contamination. Do not include those people already counted under the Level I and Level II concentrations factors.

Based on the number of people present within a distance category, assign a distance-weighted population value for that distance category from table 6-17. (Note that the distance-weighted population values in table 6-17 incorporate the distance weights from table 6-15. Do not multiply the values from table 6-17 by these distance weights.)

Calculate the potential contamination factor value (PI) as follows:

where:

W i = Distance-weighted population from table 6-17 for distance category i.

n = Number of distance categories.

If PI is less than 1, do not round it to the nearest integer; if PI is 1 or more, round to the nearest integer. Enter this value in table 6-1.

6.3.2.5 Calculation of population factor value. Sum the factor values for Level I concentrations, Level II concentrations, and potential contamination. Do not round this sum to the nearest integer. Assign this sum as the population factor value. Enter this value in table 6-1.

Table 6-17—Distance-Weighted Population Values For Potential Contamination Factor for Air Pathway a

Distance category (miles)

Number of people within the distance category

0

1 to 10

11 to 30

31 to 100

101 to 300

301 to 1,000

1,001 to 3,000

3,001 to 10,000

10,001 to 30,000

30,001 to 100,000

100,001 to 300,000

300,001 to 1,000,000

1,000,001 to 3,000,000

On a source

0

4

17

53

164

522

1,633

5,214

16,325

52,137

163,246

521,360

1,632,455

Greater than 0 to 1 ⁄ 4

0

1

4

13

41

131

408

1,304

4,081

13,034

40,812

130,340

408,114

Greater than 1 ⁄ 4 to 1 ⁄ 2

0

0.2

0.9

3

9

28

88

282

882

2,815

8,815

28,153

88,153

Greater than 1 ⁄ 2 to 1

0

0.06

0.3

0.9

3

8

26

83

261

834

2,612

8,342

26,119

Greater than 1 to 2

0

0.02

0.09

0.3

0.8

3

8

27

83

266

833

2,659

8,326

Greater than 2 to 3

0

0.009

0.04

0.1

0.4

1

4

12

38

120

375

1,199

3,755

Greater than 3 to 4

0

0.005

0.02

0.07

0.2

0.7

2

7

23

73

229

730

2,285

a Round the number of people present within a distance category to nearest integer. Do not round the assigned distance-weighted population value to nearest integer.

6.3.3 Resources. Evaluate the resources factor as follows:

• Assign a value of 5 if one or more of the following resources are present within one-half mile of a source at the site having an air migration containment factor value greater than 0:

-Commercial agriculture.

-Commercial silviculture.

-Major or designated recreation area.

• Assign a value of 0 if none of these resources is present.

Enter the value assigned in table 6-1.

6.3.4 Sensitive environments. Evaluate sensitive environments based on two factors: actual contamination and potential contamination. Determine which factor applies as follows.

If no samples meet the criteria for an observed release to air and if there is no observed release by direct observation, consider all sensitive environments located, partially or wholly, within the target distance limit to be subject to potential contamination.

If one or more samples meet the criteria for an observed release to air or if there is an observed release by direct observation, determine the most distant location (that is, sample location or direct observation location) that meets the criteria for an observed release:

• If the most distant location meeting the criteria for an observed release is within the 4-mile target distance limit, identify the distance category from table 6-15 in which it is located:

-Consider sensitive environments located, partially or wholly, anywhere within this distance category or anywhere within a distance category closer to a source at the site as subject to actual contamination.

-Consider all other sensitive environments located, partially or wholly, within the target distance limit as subject to potential contamination.

• If the most distant location meeting the criteria for an observed release is beyond the 4-mile target distance limit, identify the distance at which it is located:

-Consider sensitive environments located, partially or wholly, anywhere within a distance from the sources at the site equal to the distance to this location to be subject to actual contamination and include all such sensitive environments in the evaluation.

-Do not include any sensitive environments as subject to potential contamination.

6.3.4.1 Actual contamination. Determine those sensitive environments subject to actual contamination ( i.e. , those located partially or wholly within a distance category subject to actual contamination). Assign value(s) from table 4-23 (section 4.1.4.3.1.1) to each sensitive environment subject to actual contamination.

For those sensitive environments that are wetlands, assign an additional value from table 6-18. In assigning a value from table 6-18, include only those portions of wetlands located within distance categories subject to actual contamination. If a wetland is located partially in a distance category subject to actual contamination and partially in one subject to potential contamination, then solely for purposes of table 6-18, count the portion in the distance category subject to potential contamination under the potential contamination factor in section 6.3.4.2. Determine the total acreage of wetlands within those distance categories subject to actual contamination and assign a value from table 6-18 based on this total acreage.

Calculate the actual contamination factor value (EA) as follows:

where:

WA = Value assigned from table 6-18 for wetlands in distance categories subject to actual contamination.

S i = Value(s) assigned from table 4-23 to sensitive environment i.

n = Number of sensitive environments subject to actual contamination.

Enter the value assigned in table 6-1.

Table 6-18—Wetlands Rating Values for Air Migration Pathway a

Wetland area (acres)

Assigned value

Less than 1

0

1 to 50

25

Greater than 50 to 100

75

Greater than 100 to 150

125

Greater than 150 to 200

175

Greater than 200 to 300

250

Greater than 300 to 400

350

Greater than 400 to 500

450

Greater than 500

500

a Wetlands as defined in 40 CFR section 230.3.

6.3.4.2 Potential contamination. Determine those sensitive environments located, partially or wholly, within the target distance limit that are subject to potential contamination. Assign value(s) from table 4-23 to each sensitive environment subject to potential contamination. Do not include those sensitive environments already counted for table 4-23 under the actual contamination factor.

For each distance category subject to potential contamination, sum the value(s) assigned from table 4-23 to the sensitive environments in that distance category. If a sensitive environment is located in more than one distance category, assign the sensitive environment only to that distance category having the highest distance weighting value from table 6-15.

For those sensitive environments that are wetlands, assign an additional value from table 6-18. In assigning a value from table 6-18, include only those portions of wetlands located within distance categories subject to potential contamination, as specified in section 6.3.4.1. Treat the wetlands in each separate distance category as separate sensitive environments solely for purposes of applying table 6-18. Determine the total acreage of wetlands within each of these distance categories and assign a separate value from table 6-18 for each distance category.

Calculate the potential contamination factor value (EP) as follows:

S ij = Value(s) assigned from table 4-23 to sensitive environment in distance category j.

n = Number of sensitive environments subject to potential contamination.

W j = Value assigned from table 6-18 for wetland area in distance category j.

D j = Distance weight from table 6-15 for distance category j.

m = Number of distance categories subject to potential contamination.

If EP is less than 1, do not round it to the nearest integer; if EP is 1 or more, round to the nearest integer. Enter the value assigned in table 6-1.

6.3.4.3 Calculation of sensitive environments factor value. Sum the factor values for actual contamination and potential contamination. Do not round this sum, designated as EB, to the nearest integer.

Because the pathway score based solely on sensitive environments is limited to a maximum of 60, use the value EB to determine the value for the sensitive environments factor as follows:

• Multiply the values assigned to likelihood of release (LR), waste characteristics (WC), and EB. Divide the product by 82,500.

-If the result is 60 or less, assign the value EB as the sensitive environments factor value.

-If the result exceeds 60, calculate a value EC as follows:

Assign the value EC as the sensitive environments factor value. Do not round this value to the nearest integer.

Enter the value assigned for the sensitive environments factor in table 6-1.

6.3.5 Calculation of targets factor category value. Sum the nearest individual, population, resources, and sensitive environments factor values. Do not round this sum to the nearest integer. Assign this sum as the targets factor category value. Enter this value in table 6-1.

6.4 Calculation of air migration pathway score. Multiply the values for likelihood of release, waste characteristics, and targets, and round the product to the nearest integer. Then divide by 82,500. Assign the resulting value, subject to a maximum value of 100, as the air migration pathway score (S a ). Enter this score in table 6-1.

7.0 Sites Containing Radioactive Substances.

In general, radioactive substances are hazardous substances under CERCLA and should be considered in HRS scoring. Releases of certain radioactive substances are, however, excluded from the definition of “release” in section 101(22) of CERCLA, as amended, and should not be considered in HRS scoring.

Evaluate sites containing radioactive substances using the instructions specified in sections 2 through 6, supplemented by the instructions in this section. Those factors denoted with a “yes” in table 7-1 are evaluated differently for sites containing radioactive substances than for sites containing only nonradioactive hazardous substances, while those denoted with a “no” are not evaluated differently and are not addressed in this section.

Table 7-1—HRS Factors Evaluated Differently for Radionuclides

Ground water pathway

Status a

Surface water pathway

Status a

Soil exposure component of SESSI pathway

Status a

Subsurface intrusion component of SESSI pathway

Status a

Air pathway

Status a

Likelihood of Release

Likelihood of Release

Likelihood of Exposure

Likelihood of Exposure

Likelihood of Release

Observed Release

Yes

Observed Release

Yes

Observed Contamination

Yes

Observed Exposure

Yes

Observed Release

Yes.

Potential to Release

No

Potential to Release

No

Attractiveness/Accessibility to Nearby Residents

No

Potential for Exposure

Yes

Gas Potential to Release

No.

Containment

No

Overland Flow Containment

No

Area of Contamination

No

Structure Containment

No

Gas Containment

No.

Net Precipitation

No

Runoff

No

Depth to Contamination

Yes

Gas Source Type

No.

Depth to Aquifer

No

Distance to Surface water

No

Vertical migration

No

Gas Migration Potential

No.

Travel Time

No

Flood Frequency

No

Vapor Migration Potential

No

Particulate Potential to Release

No.

Flood Containment

No

Area of Observed Exposure

No

Particulate Containment

No.

Area of Subsurface Contamination

No

Particulate Source Type

No.

Particulate Migration Potential

No.

Waste Characteristics

Waste Characteristics

Waste Characteristics

Waste Characteristics

Waste Characteristics

Toxicity

Yes

Toxicity/Ecotoxicity

Yes/Yes

Toxicity

Yes

Toxicity/Degradation

Yes/Yes

Toxicity

Yes.

Mobility

No

Persistence/Mobility

Yes/No

Hazardous Waste Quantity

Yes

Hazardous Waste Quantity

Yes

Mobility

No.

Hazardous Waste Quantity

Yes

Bioaccumulation Potential

No

Hazardous Waste Quantity

Yes.

Hazardous Waste Quantity

Yes

Targets

Targets

Targets

Targets

Targets

Nearest Well

Yes b

Nearest Intake

Yes b

Resident Individual

Yes b

Exposed Individual

Yes b

Nearest Individual

Yes. b

Population

Yes b

Drinking Water Population

Yes b

Resident Population

Yes b

Population

Yes b

Population

Yes. b

Resources

No

Resources

No

Workers

No

Resources

No

Resources

No.

Wellhead Protection Area

No

Sensitive Environments

Yes b

Resources

No

Sensitive Environments

No.

Human Food Chain Individual

Yes b

Terrestrial Sensitive Environments

No

Human Food Chain Population

Yes b

Nearby Individual Population Within 1 Mile

No No

a—Factors evaluated differently are denoted by “yes”; factors not evaluated differently are denoted by “no”.

b—Difference is in the determination of Level I and Level II concentrations.

In general, sites containing mixed radioactive and other hazardous substances involve more evaluation than sites containing only radionuclides. For sites containing mixed radioactive and other hazardous substances, HRS factors are evaluated based on considerations of both the radioactive substances and the other hazardous substances in order to derive a single set of factor values for each factor category in each of the four pathways. Thus, the HRS score for these sites reflects the combined potential hazards posed by both the radioactive and other hazardous substances.

Section 7 is organized by factor category, similar to sections 3 through 6. Pathway-specific differences in evaluation criteria are specified under each factor category, as appropriate. These differences apply largely to the soil exposure and subsurface intrusion pathway and to sites containing mixed radioactive and other hazardous substances. All evaluation criteria specified in sections 2 through 6 must be met, except where modified in section 7.

7.1 Likelihood of release/likelihood of exposure. Evaluate likelihood of release for the three migration pathways and likelihood of exposure for the soil exposure and subsurface intrusion pathway as specified in sections 2 through 6, except: establish an observed release, observed contamination, and/or observed exposure as specified in section 7.1.1. When an observed release or exposure cannot be established for a migration pathway or the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, evaluate potential to release as specified in section 7.1.2. When observed contamination cannot be established, do not evaluate the soil exposure component of the soil exposure and subsurface intrusion pathway.

7.1.1 Observed release/observed contamination/observed exposure. For radioactive substances, establish an observed release for each migration pathway by demonstrating that the site has released a radioactive substance to the pathway (or watershed or aquifer, as appropriate); establish observed contamination or observed exposure for the soil exposure and subsurface intrusion pathway as indicated below. Base these demonstrations on one or more of the following, as appropriate to the pathway being evaluated:

• Direct observation:

—For each migration pathway, a material that contains one or more radionuclides has been seen entering the atmosphere, surface water, or ground water, as appropriate, or is known to have entered ground water or surface water through direct deposition, or

—For the surface water migration pathway, a source area containing radioactive substances has been flooded at a time that radioactive substances were present and one or more radioactive substances were in contact with the flood waters.

—For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, a material that contains one or more radionuclides has been observed entering a regularly occupied structure via the subsurface or is known to have entered a regularly occupied structure via the subsurface. Also, when evidence supports the inference of subsurface intrusion of a material that contains one or more radionuclides by the site into a regularly occupied structure, demonstrated adverse effects associated with that release may also be used to establish observed exposure by direct observation.

• Analysis of radionuclide concentrations in samples appropriate to the pathway (that is, ground water, soil, air, indoor air, soil gas, surface water, benthic, or sediment samples):

—For radionuclides that occur naturally and for radionuclides that are ubiquitous in the environment:

▪ Measured concentration (in units of activity, for example, pCi per kilogram [pCi/kg], pCi per liter [pCi/L], pCi per cubic meter [pCi/m3]) of a given radionuclide in the sample are at a level that:

○ Equals or exceeds a value 2 standard deviations above the mean site-specific background concentration for that radionuclide in that type of sample, or

○ Exceeds the upper-limit value of the range of regional background concentration values for that specific radionuclide in that type of sample.

▪ Some portion of the increase must be attributable to the site to establish the observed release (or observed contamination or observed exposure), and

▪ For the soil exposure component of the soil exposure and subsurface intrusion pathway only, the radionuclide must also be present at the surface or covered by 2 feet or less of cover material (for example, soil) to establish observed contamination.

—For man-made radionuclides without ubiquitous background concentrations in the environment:

▪ Measured concentration (in units of activity) of a given radionuclide in a sample equals or exceeds the sample quantitation limit for that specific radionuclide in that type of media and is attributable to the site.

▪ However, if the radionuclide concentration equals or exceeds its sample quantitation limit, but its release can also be attributed to one or more neighboring sites, then the measured concentration of that radionuclide must also equal or exceed a value either 2 standard deviations above the mean concentration of that radionuclide contributed by those neighboring sites or 3 times its background concentration, whichever is lower.

▪ If the sample quantitation limit cannot be established:

○ If the sample analysis was performed under the EPA Contract Laboratory Program, use the EPA contract-required quantitation limit (CRQL) in place of the sample quantitation limit in establishing an observed release (or observed contamination or observed exposure).

○ If the sample analysis is not performed under the EPA Contract Laboratory Program, use the detection limit in place of the sample quantitation limit.

▪ For the soil exposure component of the soil exposure and subsurface intrusion pathway only, the radionuclide must also be present at the surface or covered by 2 feet or less of cover material (for example, soil) to establish observed contamination.

• Gamma radiation measurements (applies only to observed contamination or observed exposure in the soil exposure and subsurface intrusion pathway):

—The gamma radiation exposure rate, as measured in microroentgens per hour (µR/hr) using a survey instrument held 1 meter above the ground surface or floor or walls of a structure (or 1 meter away from an aboveground source for the soil exposure component), equals or exceeds 2 times the site-specific background gamma radiation exposure rate.

—Some portion of the increase must be attributable to the site to establish observed contamination or observed exposure. The gamma-emitting radionuclides do not have to be within 2 feet of the surface of the source.

For the three migration pathways and for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if an observed release or observed exposure can be established for the pathway (or component, threat, aquifer, or watershed, as appropriate), assign the pathway (or component, threat, aquifer, or watershed) an observed release or observed exposure factor value of 550 and proceed to section 7.2. If an observed release or observed exposure cannot be established, assign an observed release or observed exposure factor value of 0 and proceed to section 7.1.2.

For the soil exposure component of the soil exposure and subsurface intrusion pathway, if observed contamination can be established, assign the likelihood of exposure factor for resident population a value of 550 if there is an area of observed contamination in one or more locations listed in section 5.1.1; evaluate the likelihood of exposure factor for nearby population as specified in section 5.1.2.1; and proceed to section 7.2. If observed contamination cannot be established, do not evaluate the soil exposure component of the soil exposure and subsurface intrusion pathway.

At sites containing mixed radioactive and other hazardous substances, evaluate observed release (or component, observed contamination or observed exposure) separately for radionuclides as described in this section and for other hazardous substances as described in sections 2 through 6.

For the three migration pathways and the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if an observed release or observed exposure can be established based on either radionuclides or other hazardous substances, or both, assign the pathway (or threat, aquifer, or watershed) an observed release or observed exposure factor value of 550 and proceed to section 7.2. If an observed release or observed exposure cannot be established based on either radionuclides or other hazardous substances, assign an observed release or observed exposure factor value of 0 and proceed to section 7.1.2.

For the soil exposure component of the soil exposure and subsurface intrusion pathway, if observed contamination can be established based on either radionuclides or other hazardous substances, or both, assign the likelihood of exposure factor for resident population a value of 550 if there is an area of observed contamination in one or more locations listed in section 5.1.1; evaluate the likelihood of exposure factor for nearby population as specified in section 5.1.2.1; and proceed to section 7.2. If observed contamination cannot be established based on either radionuclides or other hazardous substances, do not evaluate the soil exposure component of the soil exposure and subsurface intrusion pathway.

7.1.2 Potential to release/potential for exposure. For the three migration pathways and the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, evaluate potential to release or potential for exposure for sites containing radionuclides in the same manner as specified for sites containing other hazardous substances. Base the evaluation on the physical and chemical properties of the radionuclides, not on their level of radioactivity. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if the potential for exposure is based on the presence of gamma emitting radioactive substances, assign a potential for exposure factor value of 500 only if the contamination is found within 2 feet beneath a regularly occupied structure, otherwise assign a potential for exposure factor value of 0.

For sites containing mixed radioactive and other hazardous substances, evaluate potential to release or potential for exposure considering radionuclides and other hazardous substances together. Evaluate potential to release for each migration pathway and the potential for exposure for the subsurface intrusion component of the soil exposure and subsurface intrusion pathway as specified in sections 3 through 6, as appropriate.

7.2 Waste characteristics. For radioactive substances, evaluate the human toxicity factor, the ecosystem toxicity factor, the surface water persistence factor, and the hazardous waste quantity factor as specified in the following sections. Evaluate all other waste characteristic factors as specified in sections 2 through 6.

7.2.1 Human Toxicity. For radioactive substances, evaluate the human toxicity factor as specified below, not as specified in section 2.4.1.1.

Assign human toxicity factor values to those radionuclides available to the pathway based on quantitative dose-response parameters for cancer risks as follows:

• Evaluate radionuclides only on the basis of carcinogenicity and assign all radionuclides to weight-of-evidence category A, or weight-of-evidence category “Carcinogenic to Humans”.

• Assign a human toxicity factor value from Table 7-2 to each radionuclide based on its slope factor (also referred to as a cancer potency factor).

—For each radionuclide, use the higher of the slope factors for inhalation and ingestion to assign the factor value.

—If only one slope factor is available for the radionuclide use it to assign the toxicity factor value.

—If no slope factor is available for the radionuclide, assign that radionuclide a toxicity factor value of 0 and use other radionuclides for which a slope factor is available to evaluate the pathway.

• If all radionuclides available to a particular pathway are assigned a human toxicity factor value of 0 (that is, no slope factor is available for all the radionuclides), use a default human toxicity factor value of 1,000 as the human toxicity factor value for all radionuclides available to the pathway.

At sites containing mixed radioactive and other hazardous substances, evaluate the toxicity factor separately for the radioactive and other hazardous substances and assign each a separate toxicity factor value. This applies regardless of whether the radioactive and other hazardous substances are physically separated, combined chemically, or simply mixed together. Assign toxicity factor values to the radionuclides as specified above and to the other hazardous substances as specified in section 2.4.1.1.

At sites containing mixed radioactive and other hazardous substances, if all radionuclides available to a particular pathway are assigned a human toxicity factor value of 0, use a default human toxicity factor value of 1,000 for all those radionuclides even if nonradioactive hazardous substances available to the pathway are assigned human toxicity factor values greater than 0. Similarly, if all nonradioactive hazardous substances available to the pathway are assigned a human toxicity factor value of 0, use a default human toxicity factor value of 100 for all these nonradioactive hazardous substances even if radionuclides available to the pathway are assigned human toxicity factor values greater than 0.

7.2.2 Ecosystem toxicity. For the surface water environmental threat (see sections 4.1.4 and 4.2.4). assign an ecosystem toxicity factor value to radionuclides (alone or combined chemically or mixed with other hazardous substances) using the same slope factors and procedures specified for the human toxicity factor in section 7.2.1, except: use a default of 100, not 1,000, if all radionuclides eligible to be evaluated for ecosystem toxicity receive an ecosystem toxicity factor value of 0.

Table 7-2—Toxicity Factor Values for Radionuclides

Cancer slope factor a (SF) (pCi) −1

Assigned value

3 × 10 −11 ≤SF

10,000

3 × 10 −12 ≤SF<3 × 10 −11

1,000

SF<3 × 10 −12

100

SF not available for the radionuclide

0

a Radionuclide slope factors are estimates of age-averaged, individual lifetime total excess cancer risk per picocurie of radionuclide inhaled or ingested.

At sites containing mixed radioactive and other hazardous substances, evaluate the ecosystem toxicity factor separately for the radioactive and other hazardous substances and assign each a separate ecosystem toxicity factor value. This applies regardless of whether the radioactive and other hazardous substances are physically separated, combined chemically, or simply mixed together. Assign ecosystem toxicity factor values to the radionuclides as specified above and to the other hazardous substances as specified in sections 4.1.4.2.1.1 and 4.2.4.2.1.1. If all radionuclides available to a particular pathway are assigned an ecosystem toxicity factor value of 0, use a default ecosystem toxicity factor value of 100 for all these radionuclides even if nonradioactive hazardous substances available to the pathway are assigned ecosystem toxicity factor values greater than 0. Similarly, if all nonradioactive hazardous substances available to the pathway are assigned an ecosystem toxicity factor value of 0, use a default ecosystem toxicity factor value of 100 for all these nonradioactive hazardous substances even if radionuclides available to the pathway are assigned ecosystem toxicity factor values greater than 0.

7.2.3 Persistence/Degradation. In determining the surface water persistence factor for radionuclides, evaluate this factor based solely on half-life; do not include sorption to sediments in the evaluation as is done for nonradioactive hazardous substances. Assign a persistence factor value from Table 4-10 (section 4.1.2.2.1.2) to each radionuclide based on half-life (t 1/2 ) calculated as follows:

Where:

r = Radioactive half-life.

V = Volatilization half-life.

If the volatilization half-life cannot be estimated for a radionuclide from available data, delete it from the equation. Select the portion of Table 4-10 to use in assigning the persistence factor value as specified in section 4.1.2.2.1.2.

At sites containing mixed radioactive and other hazardous substances, evaluate the persistence factor separately for each radionuclide and for each nonradioactive hazardous substance, even if the available data indicate that they are combined chemically. Assign a persistence factor value to each radionuclide as specified in this section and to each nonradioactive hazardous substance as specified in section 4.1.2.2.1.2. When combined chemically, assign a single persistence factor value based on the higher of the two values assigned (individually) to the radioactive and nonradioactive components.

In determining the subsurface intrusion degradation factor for radionuclides, when evaluating this factor based solely on half-life, assign a degradation factor value from section 5.2.1.2.1.2 to each radionuclide based on half-life (t 1/2 ) calculated as follows:

Where:

r = Radioactive half-life.

If no radioactive half-life information is available for a radionuclide and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1.

At sites containing mixed radioactive and other hazardous substances, evaluate the degradation factor separately for each radionuclide and for each nonradioactive hazardous substance, even if the available data indicate that they are combined chemically. Assign a degradation factor value to each radionuclide as specified in this section and to each nonradioactive hazardous substance as specified in section 5.2.1.2.1.2. If no radioactive half-life information is available for a radionuclide and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1. Similarly, if no half-life information is available for a nonradioactive substance, and the substance is not already assigned a value of 1, unless information indicates otherwise, assign a value of 1. When combined chemically, assign a single persistence or degradation factor value based on the higher of the two values assigned (individually) to the radioactive and nonradioactive components.

7.2.4 Selection of substance potentially posing greatest hazard. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway and each migration pathway (or threat, aquifer, or watershed, as appropriate), select the radioactive substance or nonradioactive hazardous substance that potentially poses the greatest hazard based on its toxicity factor value, combined with the applicable mobility, persistence, degradation and/or bioaccumulation (or ecosystem bioaccumulation) potential factor values. Combine these factor values as specified in sections 2 through 6. For the soil exposure component of the soil exposure and subsurface intrusion pathway, base the selection on the toxicity factor alone (see sections 2 and 5).

7.2.5 Hazardous waste quantity. To calculate the hazardous waste quantity factor value for sites containing radioactive substances, evaluate source hazardous waste quantity (see section 2.4.2.1) using only the following two measures in the following hierarchy (these measures are consistent with Tiers A and B for nonradioactive hazardous substances in sections 2.4.2.1.1 and 2.4.2.1.2):

• Radionuclide constituent quantity (Tier A).

• Radionuclide wastestream quantity (Tier B).

7.2.5.1 Source hazardous waste quantity for radionuclides. For each migration pathway, assign a source hazardous waste quantity value to each source having a containment factor value greater than 0 for the pathway being evaluated. For the soil exposure component of the soil exposure and subsurface intrusion pathway, assign a source hazardous waste quantity value to each area of observed contamination, as applicable to the threat being evaluated. For the subsurface intrusion component, assign a source hazardous waste quantity value to each regularly occupied structure located within areas of observed exposure or areas of subsurface contamination. Allocate hazardous substances and hazardous wastestreams to specific sources (or areas of observed contamination, areas of observed exposure or areas of subsurface contamination) as specified in sections 2.4.2 and 5.2.0.

7.2.5.1.1 Radionuclide constituent quantity (Tier A). Evaluate radionuclide constituent quantity for each source (or area of observed contamination or area of observed exposure) based on the activity content of the radionuclides allocated to the source (or area of observed contamination or area of observed exposure) as follows:

• Estimate the net activity content (in curies) for the source (or area of observed contamination or area of observed exposure) based on:

—Manifests, or

—Either of the following equations, as applicable:

Where:

N = Estimated net activity content (in curies) for the source (or area of observed contamination or area of observed exposure).

V = Total volume of material (in cubic yards) in a source (or area of observed contamination or area of observed exposure) containing radionuclides.

AC i = Activity concentration above the respective background concentration (in pCi/g) for each radionuclide i allocated to the source (or area of observed contamination or area of observed exposure).

n = Number of radionuclides allocated to the source (or area of observed contamination or area of observed exposure) above the respective background concentrations.

or,

Where:

N = Estimated net activity content (in curies) for the source (or area of observed contamination or area of observed exposure).

V = Total volume of material (in gallons) in a source (or area of observed contamination or area of observed exposure) containing radionuclides.

AC i = Activity concentration above the respective background concentration (in pCi/1) for each radionuclide i allocated to the source (or area of observed contamination or area of observed exposure).

n = Number of radionuclides allocated to the source (or area of observed contamination or area of observed exposure) above the respective background concentrations.

—Estimate volume for the source (or volume for the area of observed contamination or area of observed exposure) based on records or measurements.

—For the soil exposure component of the soil exposure and subsurface intrusion pathway, in estimating the volume for areas of observed contamination, do not include more than the first 2 feet of depth, except: for those types of areas of observed contamination listed in Tier C of Table 5-2 (section 5.1.1.2.2), include the entire depth, not just that within 2 feet of the surface.

—For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, in estimating the volume for areas of observed exposure, only use the volume of air in the regularly occupied structures where observed exposure has been documented.

• Convert from curies of radionuclides to equivalent pounds of nonradioactive hazardous substances by multiplying the activity estimate for the source (or area of observed contamination or area of observed exposure) by 1,000.

• Assign this resulting product as the radionuclide constituent quantity value for the source (or area of observed contamination or area of observed exposure).

If the radionuclide constituent quantity for the source (or area of observed contamination or area of observed exposure) is adequately determined (that is, the total activity of all radionuclides in the source and releases from the source [or in the area of observed contamination or area of observed exposure] is known or is estimated with reasonable confidence), do not evaluate the radionuclide wastestream quantity measure in section 7.2.5.1.2. Instead, assign radionuclide wastestream quantity a value of 0 and proceed to section 7.2.5.1.3. If the radionuclide constituent quantity is not adequately determined, assign the source (or area of observed contamination or area of observed exposure) a value for radionuclide constituent quantity based on the available data and proceed to section 7.2.5.1.2.

7.2.5.1.2 Radionuclide wastestream quantity (Tier B). Evaluate radionuclide wastestream quantity for the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination) based on the activity content of radionuclide wastestreams allocated to the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination) as follows:

• Estimate the total volume (in cubic yards or in gallons) of wastestreams containing radionuclides allocated to the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination).

• Divide the volume in cubic yards by 0.55 (or the volume in gallons by 110) to convert to the activity content expressed in terms of equivalent pounds of nonradioactive hazardous substances.

• Assign the resulting value as the radionuclide wastestream quantity value for the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination).

• For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, estimate the total wastestream volume for all regularly occupied structures that have a containment value >0 and that are located within areas of observed exposure with observed or inferred intrusion, and within areas of subsurface contamination. Calculate the volume of each regularly occupied structure based on actual data. If unknown, use a ceiling height of 8 feet.

7.2.5.1.3 Calculation of source hazardous waste quantity value for radionuclides. Select the higher of the values assigned to the source (or area of observed contamination, area of observed exposure, and/or area of subsurface contamination) for radionuclide constituent quantity and radionuclide wastestream quantity. Assign this value as the source hazardous waste quantity value for the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination). Do not round to the nearest integer.

7.2.5.2 Calculation of hazardous waste quantity factor value for radionuclides. Sum the source hazardous waste quantity values assigned to all sources (or areas of observed contamination, areas of observed exposure, or areas of subsurface contamination) for the pathway being evaluated and round this sum to the nearest integer, except: if the sum is greater than 0, but less than 1, round it to 1. Based on this value, select a hazardous waste quantity factor value for this pathway from Table 2-6 (section 2.4.2.2).

For a migration pathway, if the radionuclide constituent quantity is adequately determined (see section 7.2.5.1.1) for all sources (or all portions of sources and releases remaining after a removal action), assign the value from Table 2-6 as the hazardous waste quantity factor value for the pathway. If the radionuclide constituent quantity is not adequately determined for one or more sources (or one or more portions of sources or releases remaining after a removal action), assign a factor value as follows:

• If any target for that migration pathway is subject to Level I or Level II concentrations (see section 7.3), assign either the value from Table 2-6 or a value of 100, whichever is greater, as the hazardous waste quantity factor value for that pathway.

• If none of the targets for that pathway is subject to Level I or Level II concentrations, assign a factor value as follows:

—If there has been no removal action, assign either the value from Table 2-6 or a value of 10, whichever is greater, as the hazardous waste quantity factor value for that pathway.

—If there has been a removal action:

▪ Determine values from Table 2-6 with and without consideration of the removal action.

▪ If the value that would be assigned from Table 2-6 without consideration of the removal action would be 100 or greater, assign either the value from Table 2-6 with consideration of the removal action or a value of 100, whichever is greater, as the hazardous waste quantity factor value for the pathway.

▪ If the value that would be assigned from Table 2-6 without consideration of the removal action would be less than 100, assign a value of 10 as the hazardous waste quantity factor value for the pathway.

For the soil exposure component of the soil exposure and subsurface intrusion pathway, if the radionuclide constituent quantity is adequately determined for all areas of observed contamination, assign the value from Table 2-6 as the hazardous waste quantity factor value. If the radionuclide constituent quantity is not adequately determined for one or more areas of observed contamination, assign either the value from Table 2-6 or a value of 10, whichever is greater, as the hazardous waste quantity factor value.

For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, if the radionuclide constituent quantity is adequately determined for all areas of observed exposure, assign the value from Table 2-6 as the hazardous waste quantity factor value. If the radionuclide constituent quantity is not adequately determined for one or more areas of observed exposure, assign either the value from Table 2-6 or a value of 10, whichever is greater, as the hazardous waste quantity factor value.

7.2.5.3 Calculation of hazardous waste quantity factor value for sites containing mixed radioactive and other hazardous substances. For each source (or area of observed contamination, area of observed exposure, or area of subsurface contamination) containing mixed radioactive and other hazardous substances, calculate two source hazardous waste quantity values—one based on radionuclides as specified in sections 7.2.5.1 through 7.2.5.1.3 and the other based on the nonradioactive hazardous substances as specified in sections 2.4.2.1 through 2.4.2.1.5, and sections 5.1.1.2.2, 5.1.2.2.2 and 5.2.1.2.2 (that is, determine each value as if the other type of substance was not present). Sum the two values to determine a combined source hazardous waste quantity value for the source (or area of observed contamination, area of observed exposure, or area of subsurface contamination). Do not round this value to the nearest integer.

Use this combined source hazardous waste quantity value to calculate the hazardous waste quantity factor value for the pathway as specified in section 2.4.2.2, except: if either the hazardous constituent quantity or the radionuclide constituent quantity, or both, are not adequately determined for one or more sources (or one or more portions of sources or releases remaining after a removal action) or for one or more areas of observed contamination or areas of observed exposure, as applicable, assign the value from Table 2-6 or the default value applicable for the pathway, whichever is greater, as the hazardous waste quantity factor value for the pathway.

7.3 Targets. For radioactive substances, evaluate the targets factor category as specified in section 2.5 and sections 3 through 6, except: Establish Level I and Level II concentrations at sampling locations as specified in sections 7.3.1 and 7.3.2 and establish weighting factors for populations associated with an area of subsurface contamination in the subsurface intrusion component of the soil exposure and subsurface intrusion pathway as specified in section 7.3.3.

For all pathways (components and threats), use the same target distance limits for sites containing radioactive substances as is specified in sections 3 through 6 for sites containing nonradioactive hazardous substances. At sites containing mixed radioactive and other hazardous substances, include all sources (or areas of observed contamination, areas of observed exposure, or areas of subsurface contamination) at the site in identifying the applicable targets for the pathway.

7.3.1 Level of contamination at a sampling location. Determine whether Level I or Level II concentrations apply at a sampling location (and thus to the associated targets) as follows:

• Select the benchmarks from section 7.3.2 applicable to the pathway (or component or threat) being evaluated.

• Compare the concentrations of radionuclides in the sample (or comparable samples) to their benchmark concentrations for the pathway (or component or threat) as specified in section 7.3.2. Treat comparable samples as specified in section 2.5.1.

• Determine which level applies based on this comparison.

• If none of the radionuclides eligible to be evaluated for the sampling location have an applicable benchmark, assign Level II to the actual contamination at that sampling location for the pathway (or component or threat).

• In making the comparison, consider only those samples, and only those radionuclides in the sample, that meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway, except: Tissue samples from aquatic human food chain organisms may also be used for the human food chain threat of the surface water pathway as specified in sections 4.1.3.3 and 4.2.3.3.

7.3.2 Comparison to benchmarks. Use the following media specific benchmarks (expressed in activity units, for example,pCi/l for water, pCi/kg for soil and for aquatic human food chain organisms, and pCi/m3 for air) for making the comparisons for the indicated pathway (or threat):

• Maximum Contaminant Levels (MCLs)—ground water migration pathway and drinking water threat in surface water migration pathway.

• Uranium Mill Tailings Radiation Control Act (UMTRCA) standards—soil exposure component of the soil exposure and subsurface intrusion pathway only.

• Screening concentration for cancer corresponding to that concentration that corresponds to the 10 −6 individual cancer risk for inhalation exposures (air migration pathway and subsurface intrusion component of the soil exposure and subsurface intrusion pathway) or for oral exposures (ground water migration pathway; drinking water or human food chain threats in surface water migration pathway; and soil exposure and subsurface intrusion pathway).

—For the soil exposure component of the soil exposure and subsurface intrusion pathway, include two screening concentrations for cancer—one for ingestion of surface materials and one for external radiation exposures from gamma-emitting radionuclides in surface materials.

Select the benchmark(s) applicable to the pathway (component or threat) being evaluated. Compare the concentration of each radionuclide from the sampling location to its benchmark concentration(s) for that pathway (component or threat). Use only those samples and only those radionuclides in the sample that meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway, except: Tissue samples from aquatic human food chain organisms may be used as specified in sections 4.1.3.3 and 4.2.3.3. If the concentration of any applicable radionuclide from any sample equals or exceeds its benchmark concentration, consider the sampling location to be subject to Level I concentrations for that pathway (component or threat). If more than one benchmark applies to the radionuclide, assign Level I if the radionuclide concentration equals or exceeds the lowest applicable benchmark concentration. In addition, for the soil exposure and subsurface intrusion pathway, assign Level I concentrations at the sampling location if measured gamma radiation exposure rates equal or exceed 2 times the background level (see section 7.1.1).

If no radionuclide individually equals or exceeds its benchmark concentration, but more than one radionuclide either meets the criteria for an observed release (or observed contamination or observed exposure) for the sample or is eligible to be evaluated for a tissue sample (see sections 4.1.3.3 and 4.2.3.3), calculate a value for index I for these radionuclides as specified in section 2.5.2. If I equals or exceeds 1, assign Level I to the sampling location. If I is less than 1, assign Level II.

At sites containing mixed radioactive and other hazardous substances, establish the level of contamination for each sampling location considering radioactive substances and nonradioactive hazardous substances separately. Compare the concentration of each radionuclide and each nonradioactive hazardous substance from the sampling location to its respective benchmark concentration(s). Use only those samples and only those substances in the sample that meet the criteria for an observed release (or observed contamination or observed exposure) for the pathway except: Tissue samples from aquatic human food chain organisms may be used as specified in sections 4.1.3.3 and 4.2.3.3. If the concentration of one or more applicable radionuclides or other hazardous substances from any sample equals or exceeds its benchmark concentration, consider the sampling location to be subject to Level I concentrations. If more than one benchmark applies to a radionuclide or other hazardous substance, assign Level I if the concentration of the radionuclide or other hazardous substance equals or exceeds its lowest applicable benchmark concentration.

If no radionuclide or other hazardous substance individually exceed a benchmark concentration, but more than one radionuclide or other hazardous substance either meets the criteria for an observed release (or observed contamination or observed exposure) for the sample or is eligible to be evaluated for a tissue sample, calculate an index I for both types of substances as specified in section 2.5.2. Sum the index I values for the two types of substances. If the value, individually or combined, equals or exceeds 1, assign Level I to the sample location. If it is less than 1, calculate an index J for the nonradioactive hazardous substances as specified in section 2.5.2. If J equals or exceeds 1, assign Level I to the sampling location. If J is less than 1, assign Level II.

7.3.3 Weighting of targets within an area of subsurface contamination. For the subsurface intrusion component of the soil exposure and subsurface intrusion pathway, assign a weighting factor as specified in section 5.2.1.3.2.3 except when a structure in an area of subsurface contamination is delineated or inferred to be delineated by gamma radiation exposure rates meeting observed release criteria with a depth to contamination of 2 feet or less. For those populations residing, working, or attending school or day care in a structure delineated or inferred to be delineated by gamma radiation exposure rates meeting observed release criteria with a depth to contamination of 2 feet or less, assign a weighting factor of 0.9.

Appendix BAppendix B to Part 300—National Priorities List

Link to an amendment published at 91 FR 12308, Mar. 13, 2026.

Table 1—General Superfund Section

State

Site name

City/County

Notes(a)

AK

Salt Chuck Mine

Outer Ketchikan County

AL

Alabama Plating Company, Inc.

Vincent

AL

American Brass

Headland

AL

Ciba-Geigy Corp. (McIntosh Plant)

McIntosh

AL

Interstate Lead Co. (ILCO)

Leeds

AL

Olin Corp. (McIntosh Plant)

McIntosh

AL

Stauffer Chemical Co. (Cold Creek Plant)

Bucks

AL

Stauffer Chemical Co. (LeMoyne Plant)

Axis

AL

T.H. Agriculture & Nutrition (Montgomery)

Montgomery

P

AL

Triana/Tennessee River

Limestone/Morgan

AR

Arkwood, Inc

Omaha

AR

Cedar Chemical Corporation

West Helena

S

AR

MacMillan Ring Free Oil

Norphlet

AR

Mid-South Wood Products

Mena

AR

Midland Products

Ola/Birta

AR

Mountain Pine Pressure Treating, Inc

Plainview

AR

Ouachita Nevada Wood Treater

Reader.

AR

Popile, Inc

El Dorado

AR

Vertac, Inc.

Jacksonville

AZ

Apache Powder Co.

St. David

AZ

Hassayampa Landfill

Hassayampa

AZ

Indian Bend Wash Area

Scottsdale/Tempe/Phoenix

P

AZ

Iron King Mine—Humboldt Smelter

Dewey-Humboldt

AZ

Litchfield Airport Area

Goodyear/Avondale

AZ

Lukachukai Mountains Mining District

Cove, Navajo Nation

AZ

Motorola, Inc. (52nd Street Plant)

Phoenix

AZ

Tucson International Airport Area

Tucson

CA

Advanced Micro Devices, Inc

Sunnyvale

CA

Advanced Micro Devices, Inc. (Bldg. 915)

Sunnyvale

CA

Aerojet General Corp

Rancho Cordova

CA

Afterthought Mine

Bella Vista

CA

Alark Hard Chrome

Riverside

CA

AMCO Chemical

Oakland

CA

Applied Materials

Santa Clara

CA

Argonaut Mine

Jackson

CA

Atlas Asbestos Mine

Fresno County

CA

Blue Ledge Mine

Rogue River—Siskiyou National Forest

CA

Brown & Bryant, Inc (Arvin Plant)

Arvin

CA

CTS Printex, Inc.

Mountain View

CA

Casmalia Resources

Casmalia

CA

Coast Wood Preserving

Ukiah

CA

Copper Bluff Mine

Hoopa

CA

Cooper Drum Company

South Gate.

CA

Crazy Horse Sanitary Landfill

Salinas

CA

Del Amo

Los Angeles

P

CA

Fairchild Semiconductor Corp. (Mt View)

Mountain View

CA

Fairchild Semiconductor Corp. (S San Jose)

South San Jose

CA

Fresno Municipal Sanitary Landfill

Fresno

CA

Frontier Fertilizer

Davis

CA

Halaco Engineering Company

Oxnard

CA

Hewlett-Packard (620-640 Page Mill Road)

Palo Alto

CA

Industrial Waste Processing

Fresno

CA

Intel Corp. (Mountain View Plant)

Mountain View

CA

Intel Magnetics

Santa Clara

CA

Intersil Inc./Siemens Components

Cupertino

CA

Iron Mountain Mine

Redding

CA

J.H. Baxter & Co

Weed

CA

Jervis B. Webb

South Gate

CA

Klau/Buena Vista Mine

San Luis Obispo County

CA

Koppers Co., Inc. (Oroville Plant)

Oroville

CA

Lava Cap Mine

Nevada City

CA

Leviathan Mine

Alpine County.

CA

Lorentz Barrel & Drum Co

San Jose

CA

McColl

Fullerton

CA

McCormick & Baxter Creosoting Co

Stockton

CA

Modesto Ground Water Contamination

Modesto

CA

Monolithic Memories

Sunnyvale

CA

Montrose Chemical Corp

Torrance

CA

National Semiconductor Corp

Santa Clara

CA

New Idria Mercury Mine

Idria

CA

Newmark Ground Water Contamination

San Bernardino

CA

Omega Chemical Corporation

Whittier

CA

Operating Industries, Inc., Landfill

Monterey Park

CA

Orange County North Basin

Orange County

CA

Pacific Coast Pipe Lines

Fillmore

P

CA

Pemaco Maywood

Maywood

CA

Purity Oil Sales, Inc

Malaga

CA

Raytheon Corp

Mountain View

CA

Rockets, Fireworks, and Flares (RFF)

Rialto

CA

San Fernando Valley (Area 1)

Los Angeles

CA

San Fernando Valley (Area 2)

Los Angeles/Glendale

CA

San Fernando Valley (Area 3)

Glendale

CA

San Fernando Valley (Area 4)

Los Angeles

CA

San Gabriel Valley (Area 1)

El Monte

CA

San Gabriel Valley (Area 2)

Baldwin Park Area

CA

San Gabriel Valley (Area 3)

Alhambra

CA

San Gabriel Valley (Area 4)

La Puente

CA

Selma Treating Co

Selma

CA

South Bay Asbestos Area

Alviso

CA

Southern Avenue Industrial Area

South Gate

CA

Spectra-Physics, Inc

Mountain View

CA

Stringfellow

Glen Avon Heights

S

CA

Sulphur Bank Mercury Mine

Clear Lake

CA

Synertek, Inc. (Building 1)

Santa Clara

CA

TRW Microwave, Inc (Building 825)

Sunnyvale

CA

Teledyne Semiconductor

Mountain View

CA

United Heckathorn Co

Richmond

CA

Valley Wood Preserving, Inc

Turlock

CA

Waste Disposal, Inc

Santa Fe Springs

CA

Watkins-Johnson Co. (Stewart Division)

Scotts Valley

CA

Westinghouse Elecetric Corp. (Sunnyvale)

Sunnyvale

CO

Bonita Peak Mining District

San Juan County

CO

Broderick Wood Products

Denver

CO

California Gulch

Leadville

P

CO

Captain Jack Mill

Ward

CO

Central City-Clear Creek

Idaho Springs

CO

Chemical Sales Co

Denver

CO

Colorado Smelter

Pueblo

CO

Denver Radium Site

Denver

P

CO

Eagle Mine

Minturn/Redcliff

P

CO

Lincoln Park

Canon City

CO

Lowry Landfill

Arapahoe County

CO

Marshall Landfill

Boulder County

S

CO

Nelson Tunnel/Commodore Waste Rock

Creede

CO

Standard Mine

Gunnison National Forest

CO

Summitville Mine

Rio Grande County

CO

Uravan Uranium Project (Union Carbide)

(former town of) Uravan

P*

CO

Vasquez Boulevard and I-70

Denver

P

CT

Barkhamsted-New Hartford Landfill

Barkhamsted

CT

Beacon Heights Landfill

Beacon Falls

CT

Durham Meadows

Durham

CT

Gallup's Quarry

Plainfield

CT

Kellogg-Deering Well Field

Norwalk

CT

Laurel Park, Inc

Naugatuck Borough

S

CT

Linemaster Switch Corp

Woodstock

CT

Precision Plating Corp

Vernon

CT

Raymark Industries, Inc

Stratford

A

CT

Scovill Industrial Landfill

Waterbury

CT

Solvents Recovery Service New England

Southington

CT

Yaworski Waste Lagoon

Canterbury

DE

Army Creek Landfill

New Castle County

DE

Blades Groundwater

Blades

DE

Delaware City PVC Plant

Delaware City

DE

Delaware Sand & Gravel Landfill

New Castle County

DE

Dover Gas Light Co

Dover

DE

East Basin Road Groundwater

New Castle

DE

E.I.Du Pont de Nemours (Newport Landfill)

Newport

DE

Georgetown North Groundwater

Georgetown

DE

Halby Chemical Co

New Castle

DE

Harvey & Knott Drum, Inc

Kirkwood

DE

Hockessin Groundwater

Hockessin

DE

Koppers Co., Inc. (Newport Plant)

Newport

DE

NCR Corp. (Millsboro Plant)

Millsboro

DE

Newark South Ground Water Plume

Newark

DE

Standard Chlorine of Delaware, Inc

Delaware City

DE

Tybouts Corner Landfill

New Castle County

P

FL

Agrico Chemical Co

Pensacola

FL

Airco Plating Co

Miami

FL

Alaric Area Ground Water Plume

Tampa

FL

American Creosote Works (Pensacola Plt)

Pensacola

FL

Anodyne, Inc

North Miami Beach

FL

Arkla Terra Property

Thonotosassa.

FL

Cabot/Koppers

Gainesville

FL

Chevron Chemical Co. (Ortho Division)

Orlando

FL

City Industries, Inc

Orlando

FL

Continental Cleaners

Miami

FL

Escambia Wood—Pensacola

Pensacola

P

FL

Flash Cleaners

Pompano Beach

FL

Florida Petroleum Reprocessors

Fort Lauderdale

FL

Florida Steel Corp

Indiantown

FL

General Dynamics Longwood

Longwood.

FL

Harris Corp. (Palm Bay Plant)

Palm Bay

FL

Helena Chemical Co. (Tampa Plant)

Tampa

FL

Hollingsworth Solderless Terminal

Fort Lauderdale

FL

JJ Seifert Machine

Ruskin

FL

Kerr-McGee Chemical Corp-Jacksonville

Jacksonville

FL

Landia Chemical Company

Lakeland

FL

MRI Corp (Tampa)

Tampa

FL

Madison County Sanitary Landfill

Madison

FL

Miami Drum Services

Miami

FL

Peak Oil Co./Bay Drum Co

Tampa

FL

Pepper Steel & Alloys, Inc

Medley

FL

Petroleum Products Corp

Pembroke Park

FL

Pickettville Road Landfill

Jacksonville

FL

Piper Aircraft/Vero Beach Water & Sewer

Vero Beach

FL

Post and Lumber Preserving Co. Inc

Quincy

FL

Raleigh Street Dump

Tampa

FL

Reeves Southeast Galvanizing Corp

Tampa

FL

Sanford Dry Cleaners

Sanford

FL

Sapp Battery Salvage

Cottondale

P

FL

Sherwood Medical Industries

Deland

FL

Solitron Microwave

Port Salerno

FL

Southern Solvents, Inc

Tampa

FL

Stauffer Chemical Co. (Tampa)

Tampa

FL

Stauffer Chemical Co. (Tarpon Springs)

Tarpon Springs

FL

Sydney Mine Sludge Ponds

Brandon

FL

Taylor Road Landfill

Seffner

FL

Tower Chemical Co

Clermont

FL

Trans Circuit, Inc.

Lake Park

FL

United Metals, Inc

Marianna

FL

Wingate Road Municipal Incinerator Dump

Fort Lauderdale

FL

Zellwood Ground Water Contamination

Zellwood

GA

Alternate Energy Resources

Augusta

GA

Armstrong World Industries

Macon

GA

Brunswick Wood Preserving

Brunswick

GA

Camilla Wood Preserving Company

Camilla

GA

Diamond Shamrock Corp. Landfill

Cedartown

GA

Firestone Tire & Rubber Co. (Albany Plant)

Albany

GA

Hercules 009 Landfill

Brunswick

GA

LCP Chemicals Georgia

Brunswick

S

GA

Macon Naval Ordnance Plant

Macon

GA

Marzone Inc./Chevron Chemical Co

Tifton

GA

Mathis Brothers Landfill

Kensington

GA

Peach Orchard Road PCE Ground Water Plume

Augusta

GA

T.H. Agriculture & Nutrition (Albany)

Albany

GA

Westside Lead

Atlanta

GA

Woolfolk Chemical Works, Inc

Fort Valley

GU

Ordot Landfill

Guam

S

HI

Del Monte Corp. (Oahu Plantation)

Honolulu County

P

IA

Des Moines TCE

Des Moines

IA

Fairfield Coal Gasification Plant

Fairfield

IA

Highway 3 PCE

Le Mars

IA

Lawrence Todtz Farm

Camanche

IA

Lot 46 Valley Gardens TCE

Des Moines

IA

Mason City Coal Gasification Plant

Mason City

IA

Midwest Manufacturing/North Farm

Kellogg

P

IA

PCE Former Dry Cleaner

Atlantic

IA

Peoples Natural Gas Co

Dubuque

IA

Railroad Avenue Groundwater Contamination

Des Moines

IA

Shaw Avenue Dump

Charles City

P

IA

Vogel Paint & Wax Co

Orange City

ID

Bunker Hill Mining & Metallurgical

Smelterville

ID

Eastern Michaud Flats Contamination

Pocatello

ID

Kerr-McGee Chemical Corp. (Soda Springs)

Soda Springs

ID

Monsanto Chemical Co. (Soda Springs)

Soda Springs

IL

Acme Solvent Reclaiming (Morristown Plant)

Morristown

IL

Acme Steel Coke Plant

Chicago

IL

Adams County Quincy Landfills 2&3

Quincy

IL

Amoco Chemicals (Joliet Landfill)

Joliet

IL

ASARCO Taylor Springs

Taylor Springs

IL

Bautsch-Gray Mine

Galena

IL

Beloit Corp

Rockton

* P

IL

Byron Salvage Yard

Byron

IL

Central Illinois Public Service Co

Taylorville

IL

Chemetco

Madison County

IL

Cross Brothers Pail Recycling (Pembroke)

Pembroke Township

IL

DePue/New Jersey Zinc/Mobil ChemCorp

DePue

IL

Eagle Zinc Co Div T L Diamond

Hillsboro

IL

Estech General Chemical Company

Calumet City

IL

Galesburg/Koppers Co

Galesburg

IL

H.O.D. Landfill

Antioch

IL

Hegeler Zinc

Danville

IL

Indian Refinery—Texaco Lawrenceville

Lawrenceville

IL

Interstate Pollution Control, Inc

Rockford

IL

Jennison-Wright Corporation

Granite City

IL

Johns-Manville Corp

Waukegan

IL

Kerr-McGee (Kress Creek/W Branch DuPage)

DuPage County

IL

Kerr-McGee (Residential Areas)

West Chicago/DuPage County

IL

Lake Calumet Cluster

Chicago

IL

LaSalle Electric Utilities

LaSalle

IL

Lenz Oil Service, Inc

Lemont

IL

Matthiessen and Hegeler Zinc Company

LaSalle

IL

MIG/Dewane Landfill

Belvidere

IL

NL Industries/Taracorp Lead Smelter

Granite City

IL

Old American Zinc Plant

Fairmont City

IL

Ottawa Radiation Areas

Ottawa

IL

Outboard Marine Corp

Waukegan

S

IL

Pagel's Pit

Rockford

IL

Parsons Casket Hardware Co

Belvidere

IL

Sandoval Zinc Company

Sandoval

IL

Schroud Property

Chicago

IL

Southeast Rockford Gd Wtr Contamination

Rockford

P

IL

Tri-County Landfill/Waste Mgmt Illinois

South Elgin

IL

Velsicol Chemical Corp. (Illinois)

Marshall

IL

Wauconda Sand & Gravel

Wauconda

P

IL

Woodstock Municipal Landfill

Woodstock

IL

Yeoman Creek Landfill

Waukegan

IN

American Chemical Service, Inc

Griffith

IN

Beck's Lake

South Bend

IN

Broadway Street Corridor Groundwater Contamination

Anderson

IN

Cam-Or Inc

Westville.

IN

Cliff Drive Groundwater Contamination

Logansport

IN

Conrail Rail Yard (Elkhart)

Elkhart

IN

Continental Steel Corp

Kokomo

IN

Douglas Road/Uniroyal, Inc., Landfill

Mishawaka

IN

Elm Street Ground Water Contamination

Terre Haute

IN

Envirochem Corp

Zionsville

IN

Federated Metals Corp Whiting

Hammond

IN

Fisher-Calo

LaPorte

IN

Fort Wayne Reduction Dump

Fort Wayne

P

IN

Franklin Street Groundwater Contamination

Spencer

IN

Galen Myers Dump/Drum Salvage

Osceola

IN

Garden City Ground Water Plume

Garden City

IN

Gary Development Company

Gary

IN

Himco Dump

Elkhart

P

IN

Jacobsville Neighborhood Soil Contamination

Evansville

IN

Keystone Corridor Ground Water Contamination

Indianapolis

IN

Kokomo Contaminated Ground Water Plume

Kokomo

IN

Lake Sandy Jo (M&M Landfill)

Gary

P

IN

Lakeland Disposal Service, Inc

Claypool

IN

Lane Street Ground Water Contamination

Elkhart.

IN

Lusher Street Ground Water Contamination

Elkhart

IN

MIDCO I

Gary

IN

MIDCO II

Gary

IN

Main Street Well Field

Elkhart

IN

Marion (Bragg) Dump

Marion

IN

Ninth Avenue Dump

Gary

IN

North 5th Street Groundwater Contamination

Goshen

IN

North Shore Drive

Elkhart

IN

Northside Sanitary Landfill, Inc

Zionsville

IN

Pike and Mulberry Streets PCE Plume

Martinsville

IN

Prestolite Battery Division

Vincennes

IN

Reilly Tar & Chemical (Indianapolis Plant)

Indianapolis

IN

Seymour Recycling Corp

Seymour

S

IN

Tippecanoe Sanitary Landfill, Inc

Lafayette

IN

U.S. Smelter & Lead Refining Inc

East Chicago

P

IN

Wayne Waste Oil

Columbia City

KS

57th and North Broadway Streets Site

Wichita Heights

KS

Ace Services

Colby

KS

Caney Residential Yards

Caney

KS

Chemical Commodities, Inc

Olathe

KS

Cherokee County

Cherokee County

KS

Cherokee Zinc—Weir Smelter

Weir

KS

Doepke Disposal (Holliday)

Johnson County

KS

Former United Zinc & Associated Smelters

Iola

KS

Obee Road

Hutchinson

KS

Pester Refinery Co

El Dorado

KS

Plating, Inc

Great Bend

KS

Strother Field Industrial Park

Cowley County

KS

Wright Ground Water Contamination

Wright

KY

B.F. Goodrich

Calvert City

KY

Caldwell Lace Leather Co., Inc

Auburn

KY

Distler Brickyard

West Point

KY

Distler Farm

Jefferson County

KY

Green River Disposal, Inc

Maceo

KY

Maxey Flats Nuclear Disposal

Hillsboro

KY

National Electric Coil/Cooper Industries

Dayhoit

KY

Smith's Farm

Brooks

KY

Tri-City Disposal Co

Shepherdsville

LA

Agriculture Street Landfill

New Orleans

P

LA

American Creosote DeRidder

DeRidder

LA

American Creosote Works, Inc (Winnfield)

Winnfield

LA

Bayou Bonfouca

Slidell

LA

Capitol Lakes

Baton Rouge

LA

Colonial Creosote

Bogalusa

LA

Combustion, Inc

Denham Springs

LA

Delta Shipyard

Houma

LA

EVR-Wood Treating/Evangeline Refining Company

Jennings

LA

Exide Baton Rouge

Baton Rouge

LA

Madisonville Creosote Works

Madisonville

LA

Marion Pressure Treating

Marion

LA

Petro-Processors of Louisiana Inc

Scotlandville

LA

SBA Shipyard

Jennings

MA

Atlas Tack Corp

Fairhaven

MA

Baird & McGuire

Holbrook

MA

BJAT LLC

Franklin

MA

Blackburn & Union Privileges

Walpole

MA

Charles-George Reclamation Landfill

Tyngsborough

MA

Creese &Cook Tannery (Former)

Danvers

MA

Groveland Wells

Groveland

MA

Haverhill Municipal Landfill

Haverhill

MA

Hocomonco Pond

Westborough

MA

Industri-Plex

Woburn

P

MA

Iron Horse Park

Billerica

MA

Lower Neponset River

Boston/Milton

MA

Microfab, Inc. (Former)

Amesbury

MA

New Bedford Site

New Bedford

S

MA

Nuclear Metals, Inc

Concord.

MA

Nyanza Chemical Waste Dump

Ashland

MA

Olin Chemical

Wilmington

MA

PSC Resources

Palmer

MA

Re-Solve, Inc

Dartmouth

MA

Rose Disposal Pit

Lanesboro

MA

Silresim Chemical Corp

Lowell

MA

Sullivan's Ledge

New Bedford

MA

Sutton Brook Disposal Area

Tewksbury.

MA

W.R. Grace & Co Inc (Acton Plant)

Acton

MA

Walton &Lonsbury Inc.

Attleboro

MA

Wells G&H

Woburn

MD

Bear Creek Sediments

Baltimore County

MD

Bush Valley Landfill

Abingdon

MD

Central Chemical

Hagerstown

MD

Dwyer Property Ground Water Plume

Elkton

MD

Kane & Lombard Street Drums

Baltimore

MD

Limestone Road

Cumberland

MD

Ordnance Products, Inc.

Cecil County

MD

Sand, Gravel & Stone

Elkton

MD

Sauer Dump

Dundalk

MD

Spectron, Inc

Elkton

MD

Woodlawn County Landfill

Woodlawn

ME

Callahan Mine

Brooksville

ME

Eastern Surplus

Meddybemps

ME

Eastland Woolen Mill

Corinna

P

ME

Keddy Mill

Windham

ME

Leeds Metal

Leeds

ME

Saco Municipal Landfill

Saco

ME

West Site/Hows Corners

Plymouth

ME

Winthrop Landfill

Winthrop

MI

Adam's Plating

Lansing

MI

Aircraft Components (D & L Sales)

Benton Harbor

P

MI

Albion-Sheridan Township Landfill

Albion

MI

Allied Paper/Portage Ck/Kalamazoo River

Kalamazoo

P

MI

American Anodco, Inc

Ionia

MI

Auto Ion Chemicals, Inc

Kalamazoo

MI

Bendix Corp./Allied Automotive

St. Joseph

MI

Bofors Nobel, Inc

Muskegon

MI

Butterworth #2 Landfill

Grand Rapids

MI

Cannelton Industries, Inc

Saulte Saint Marie

MI

Chem Central

Wyoming Township

MI

Clare Water Supply

Clare

MI

DSC McLouth Steel Gibraltar Plant

Gibraltar

MI

Electrovoice

Buchanan

MI

Forest Waste Products

Otisville

MI

G&H Landfill

Utica

MI

Grand Traverse Overall Supply Co

Greilickville

MI

Gratiot County Golf Course

St. Louis

MI

Gratiot County Landfill

St. Louis

S

MI

H. Brown Co., Inc

Grand Rapids

MI

Hedblum Industries

Oscoda

MI

Hi-Mill Manufacturing Co

Highlan

MI

Ionia City Landfill

Ionia

MI

J & L Landfill

Rochester Hills

MI

K&L Avenue Landfill

Oshtemo Township

MI

Kaydon Corp

Muskegon

MI

Kentwood Landfill

Kentwood

MI

Kysor Industrial Corp

Cadillac

MI

Liquid Disposal, Inc

Utica

MI

McGraw Edison Corp

Albion

MI

McLouth Steel Corp

Trenton

MI

Metamora Landfill

Metamora

MI

Michigan Disposal (Cork Street Landfill)

Kalamazoo

MI

Michner Plating—Mechanic Street

Jackson

MI

Motor Wheel

Lansing

P

MI

Muskegon Chemical Co

Whitehall

MI

North Bronson Industrial Area

Bronson

MI

Northernaire Plating

Cadillac

MI

Organic Chemicals, Inc

Grandville

MI

Ott/Story/Cordova Chemical Co

Dalton Township

MI

Packaging Corp. of America

Filer City

MI

Parsons Chemical Works, Inc

Grand Ledge

MI

Peerless Plating Co

Muskegon

MI

Petoskey Municipal Well Field

Petoskey

MI

Rasmussen's Dump

Green Oak Township

MI

Rockwell International Corp. (Allegan)

Allegan

MI

Rose Township Dump

Rose Township

MI

Roto-Finish Co., Inc

Kalamazoo

MI

SCA Independent Landfill

Muskegon Heights

MI

Shiawassee River

Howell

MI

South Macomb Disposal (Landfills 9 & 9A)

Macomb Township

MI

Southwest Ottawa County Landfill

Park Township

MI

Sparta Landfill

Sparta Township

MI

Spartan Chemical Co

Wyoming

MI

Springfield Township Dump

Davisburg

MI

State Disposal Landfill, Inc

Grand Rapids

MI

Sturgis Municipal Wells

Sturgis

MI

Tar Lake

Antrim

P

MI

Ten-Mile Drain

St. Clair Shores.

MI

Thermo-Chem, Inc

Muskegon

MI

Torch Lake

Houghton

P

MI

U.S. Aviex

Howard Township

MI

Velsicol Chemical Corp. (Michigan)

St. Louis

MI

Verona Well Field

Battle Creek

MI

Wash King Laundry

Pleasant Plains Twp

MN

Baytown Township Ground Water Plume

Baytown Township

MN

Burlington Northern (Brainerd/Baxter)

Brainerd/Baxter

MN

FMC Corp. (Fridley Plant)

Fridley

MN

Freeway Sanitary Landfill

Burnsville

MN

General Mills/Henkel Corp

Minneapolis

MN

Highway 100 and County Road 3 Groundwater Plume

St. Louis Park and Edina

MN

Joslyn Manufacturing and Supply Co

Brooklyn Center

P

MN

Koppers Coke

St. Paul

MN

Kurt Manufacturing Co

Fridley

MN

Lehillier/Mankato Site

Lehillier/Mankato

MN

Long Prairie Ground Water Contamination

Long Prairie

MN

MacGillis & Gibbs/Bell Lumber & Pole C

New Brighton

MN

Oakdale Dump

Oakdale

MN

Perham Arsenic Site

Perham

MN

Reilly Tar&Chem (St. Louis Park Plant)

St. Louis Park

S

MN

Ritari Post & Pole

Sebeka

MN

South Andover Site

Andover

P

MN

Southeast Hennepin Area Groundwater and Vapor

Minneapolis

MN

South Minneapolis Residential Soil Contamination

Minneapolis

P

MN

Spring Park Municipal Well Field

Spring Park

MN

St. Louis River Site

St. Louis County

MN

St. Regis Paper Co

Cass Lake

MN

Waite Park Wells

Waite Park

MO

Armour Road

North Kansas City

MO

Bee Cee Manufacturing Co

Malden

MO

Big River Mine Tailings/St. Joe Minerals

Desloge

MO

Compass Plaza Well TCE

Rogersville

MO

Conservation Chemical Co

Kansas City

MO

Ellisville Site

Ellisville

P

MO

Fulbright Landfill

Springfield

MO

Lee Chemical

Libert

MO

Madison County Mines

Fredericktown

MO

Minker/Stout/Romaine Creek

Imperial

MO

Missouri Electric Works

Cape Girardeau

P

MO

Newton County Mine Tailings

Newton County

MO

Newton County Wells

Newton County

MO

Oak Grove Village Well

Oak Grove Village

MO

Oronogo-Duenweg Mining Belt

Jasper County

MO

Pools Prairie

Neosho

MO

Quality Plating

Sikeston

MO

Riverfront

New Haven

P

MO

Solid State Circuits, Inc

Republic

MO

Southwest Jefferson County Mining

Jefferson County.

MO

Sporlan Valve Plant #1

Washington

MO

St. Louis Airport/HIS/Futura Coatings Co

St. Louis County

MO

Syntex Facility

Verona

MO

Valley Park TCE

Valley Park

MO

Vienna Wells

Vienna.

MO

Washington County Lead District—Furnace Creek

Caledonia

MO

Washington County Lead District—Old Mines

Old Mines

MO

Washington County Lead District—Potosi

Potosi

MO

Washington County Lead District—Richwoods

Richwoods

MO

Westlake Landfill

Bridgeton

MS

American Creosote Works, Inc

Louisville

MS

Chemfax, Inc

Gulfport

P

MS

Hercules Inc

Hattiesburg

MS

Kerr-McGee Chemical Corp—Columbus

Columbus

MS

Mississippi Phosphates Corporation

Pascagoula

MS

Picayune Wood Treating

Picayune

MS

Rockwell International Wheel & Trim

Grenada

MS

Sonford Products

Flowood

MS

Southeastern Wood Preserving

Canton

MT

ACM Smelter and Refinery

Cascade County

MT

Anaconda Aluminum Co Columbia Falls Reduction Plant

Columbia Falls

MT

Anaconda Co. Smelter

Anaconda

P

MT

Barker Hughesville Mining District

Barker

MT

Basin Mining Area

Basin

MT

Billings PCE

Billings

MT

Carpenter Snow Creek Mining District

Neihart

MT

East Helena Site

East Helena

MT

Flat Creek IMM

Superior.

MT

Idaho Pole Co

Bozeman

P

MT

Libby Asbestos

Libby

P

MT

Libby Ground Water Contamination

Libby

MT

Lockwood Solvent Ground Water Plume

Billings

MT

Milltown Reservoir Sediments

Milltown

MT

Montana Pole and Treating

Butte

MT

Mouat Industries

Columbus

P

MT

Silver Bow Creek/Butte Area

Sil Bow/Deer Lodge

MT

Upper Tenmile Creek Mining Area

Lewis and Clark

NC

ABC One Hour Cleaners

Jacksonville

NC

Aberdeen Contaminated Ground Water

Aberdeen

NC

Aberdeen Pesticide Dumps

Aberdeen

NC

Barber Orchard

Waynesville

NC

Benfield Industries, Inc.

Hazelwood

NC

Blue Ridge Plating

Arden

NC

Bypass 601 Ground Water Contamination

Concord

P

NC

Cape Fear Wood Preserving

Fayetteville

NC

Carolina Transformer Co

Fayetteville

NC

Celanese Corp. (Shelby Fiber Operations)

Shelby/Cleveland

P

NC

Charles Macon Lagoon & Drum Storage

Cordova

NC

Chemtronics, Inc

Swannanoa

NC

Cristex Drum

Oxford

NC

CTS of Asheville, Inc.

Asheville

NC

Davis Park Road TCE

Gastonia

NC

FCX, Inc. (Statesville Plant)

Statesville

NC

FCX, Inc. (Washington Plant)

Washington

NC

GMH Electronics

Roxboro.

NC

Geigy Chemical Corp. (Aberdeen Plant)

Aberdeen

NC

General Electric Co/Shepherd Farm

East Flat Rock

P

NC

Hemphill Road TCE

Gastonia

NC

Holcomb Creosote Co

Yadkinville

NC

Horton Iron and Metal

Wilmington

NC

JFD Electronics/Channel Master

Oxford

NC

Jadco-Hughes Facility

Belmont

NC

Kerr-McGee Chemical Corp-Navassa

Navassa

P

NC

Koppers Co., Inc. (Morrisville Plant)

Morrisville

P

NC

NC State University (Lot 86,Farm Unit #1)

Raleigh

NC

National Starch & Chemical Corp

Salisbury

NC

North Belmont PCE

North Belmont

NC

Ore Knob Mine

Ashe County.

NC

Potter's Septic Tank Service Pits

Maco

NC

Ram Leather Care

Charlotte

NC

Sigmon's Septic Tank

Statesville

NC

Ward Transformer

Raleigh.

NC

Wright Chemical Corporation

Riegelwood

NE

10th Street Site

Columbus

NE

Bruno Co-op Association/Associated Prop

Bruno

NE

Cleburn Street Well

Grand Island

P

NE

Garvey Elevator

Hastings

NE

Hastings Ground Water Contamination

Hastings

NE

Iowa-Nebraska Light & Power Co

Norfolk

NE

Lindsay Manufacturing Co

Lindsay

NE

Nebraska Ordnance Plant (Former)

Mead

NE

Ogallala Ground Water Contamination

Ogallala

NE

Old HWY 275 and N 288th Street

Valley

NE

Omaha Lead

Omaha/Douglas

P

NE

Parkview Well

Grand Island

NE

PCE—Carriage Cleaners

Bellevue

NE

PCE Southeast Contamination

York

NE

PCE/TCE Northeast Contamination

York

NE

Sherwood Medical Co

Norfolk

NE

West Highway 6 & Highway 281

Hastings

NH

Auburn Road Landfill

Londonderry

NH

Beede Waste Oil

Plaistow

NH

Chlor-Alkali Facility (Former)

Berlin

NH

Coakley Landfill

North Hampton

NH

Collins & Aikman Plant (Former)

Farmington

NH

Dover Municipal Landfill

Dover

NH

Fletcher's Paint Works & Storage

Milford

NH

Kearsarge Metallurgical Corp

Conway

NH

Keefe Environmental Services

Epping

NH

Mottolo Pig Farm

Raymond

NH

New Hampshire Plating Co

Merrimack

NH

Ottati & Goss/Kingston Steel Drum

Kingston

NH

Savage Municipal Water Supply

Milford

NH

Somersworth Sanitary Landfill

Somersworth

NH

South Municipal Water Supply Well

Peterborough

NH

Sylvester

NashuaS

NH

Tibbetts Road

Barrington

NH

Tinkham Garage

Londonderry

NH

Troy Mills Landfill

Troy

NJ

A. O. Polymer

Sparta/Sussex

P

NJ

American Cyanamid Co.

Bound Brook

P

NJ

Asbestos Dump

Millington

P

NJ

Atlantic Resources Corporation

Sayreville

NJ

Bog Creek Farm

Howell Township

NJ

Brick Township Landfill

Brick Township

NJ

Bridgeport Rental & Oil Services

Bridgeport

NJ

Brook Industrial Park

Bound Brook

NJ

Burnt Fly Bog

Marlboro Township

NJ

CPS/Madison Industries

Old Bridge Township

NJ

Caldwell Trucking Co

Fairfield

NJ

Chemical Control

Elizabeth

NJ

Chemical Insecticide Corp

Edison Township

NJ

Chemical Leaman Tank Lines, Inc

Bridgeport

NJ

Chemsol, Inc

Piscataway

NJ

Ciba-Geigy Corp

Toms River

NJ

Cinnaminson Ground Water Contamination

Cinnaminson Township

NJ

Combe Fill South Landfill

Chester Township

NJ

Cornell Dubilier Electronics Inc

South Plainfield

NJ

Cosden Chemical Coatings Corp

Beverly

NJ

Curcio Scrap Metal, Inc

Saddle Brook Township

NJ

Curtis Specialty Papers, Inc

Milford.

NJ

D'Imperio Property

Hamilton Township

NJ

Dayco Corp./L.E Carpenter Co

Wharton Borough

NJ

De Rewal Chemical Co

Kingwood Township

NJ

Diamond Alkali Co

Newark

NJ

Diamond Head Oil Refinery Div

Kearny

NJ

Dover Municipal Well 4

Dover Township

NJ

Ellis Property

Evesham Township

NJ

Emmell's Septic Landfill

Galloway Township

NJ

Evor Phillips Leasing

Old Bridge Township

NJ

Ewan Property

Shamong Township

NJ

Fair Lawn Well Field

Fair Lawn

NJ

Former Kil-Tone Company

Vineland

NJ

Franklin Burn

Franklin Township

NJ

Fried Industries

East Brunswick Township

NJ

Garfield Ground Water Contamination

Garfield

NJ

GEMS Landfill

Gloucester Township

NJ

Garden State Cleaners Co

Minotola

NJ

Global Sanitary Landfill

Old Bridge Township

NJ

Goose Farm

Plumstead Township

NJ

Helen Kramer Landfill

Mantua Township

NJ

Hercules, Inc. (Gibbstown Plant)

Gibbstown

NJ

Higgins Disposal

Kingston

NJ

Higgins Farm

Franklin Township

NJ

Historic Potteries

Trenton

NJ

Horseshoe Road

Sayreville

NJ

Iceland Coin Laundry Area Ground Water Plume

Vineland

NJ

Imperial Oil Co., Inc./Champion Chemicals

Morganville

NJ

JIS Landfill

Jamesburg/S. Brnswck

NJ

Kauffman & Minteer, Inc

Jobstown

NJ

Kin-Buc Landfill

Edison Township

NJ

King of Prussia

Winslow Township

NJ

LCP Chemicals Inc

Linden

NJ

Landfill & Development Co

Mount Holly

NJ

Lang Property

Pemberton Township

NJ

Lightman Drum Company

Winslow Township

NJ

Lone Pine Landfill

Freehold Township

NJ

Lower Hackensack River

Bergen and Hudson Counties

NJ

Mansfield Trail Dump

Byram Township

NJ

Martin Aaron, Inc

Camden

NJ

Matlack, Inc.

Woolwich Township

NJ

Maywood Chemical Co

Maywood/Rochelle Park

NJ

Matteo & Sons, Inc.

Thorofare

NJ

Metaltec/Aerosystems

Franklin Borough

NJ

Monitor Devices/Intercircuits Inc

Wall Township

NJ

Montgomery Township Housing Development

Montgomery Township

NJ

Myers Property

Franklin Township

NJ

NL Industries

Pedricktown

NJ

Nascolite Corp

Millville

NJ

Orange Valley Regional Ground Water Contamination

West Orange/Orange

NJ

Pierson's Creek

Newark

NJ

Pioneer Metal Finishing Inc

Franklinville

NJ

PJP Landfill

Jersey City

NJ

Pohatcong Valley Ground Water Contaminat

Warren County

NJ

Price Landfill

Pleasantville

S

NJ

Puchack Well Field

Pennsauken Township.

NJ

Quanta Resources

Edgewater

NJ

Radiation Technology, Inc

Rockaway Township

NJ

Raritan Bay Slag

Old Bridge Township/Sayreville.

NJ

Ringwood Mines/Landfill

Ringwood

NJ

Riverside Industrial Park

Newark

NJ

Rockaway Borough Well Field

Rockaway Township

NJ

Rockaway Township Wells

Rockaway

NJ

Rocky Hill Municipal Well

Rocky Hill Borough

NJ

Roebling Steel Co

Florence

NJ

Rolling Knolls Landfill

Chatham Township

NJ

Scientific Chemical Processing

Carlstadt

NJ

Sharkey Landfill

Parsippany/Troy Hls

NJ

Sherwin-Williams/Hilliards Creek

Gibbsboro

NJ

Shieldalloy Corp

Newfield Borough

NJ

South Jersey Clothing Co

Minotola

NJ

Standard Chlorine

Kearny

NJ

Swope Oil & Chemical Co

Pennsauken

NJ

Syncon Resins

South Kearny

NJ

U.S. Radium Corp

Orange

P

NJ

Unimatic Manufacturing Corporation

Fairfield

NJ

United States Avenue Burn

Gibbsboro

NJ

Universal Oil Products (Chemical Division)

East Rutherford

P

NJ

Ventron/Velsicol

Wood Ridge Borough

NJ

Vineland Chemical Co., Inc

Vineland

NJ

Waldick Aerospace Devices, Inc

Wall Township

NJ

Welsbach & General Gas Mantle (Camden)

Camden and Gloucester City

NJ

White Chemical Corp

Newark

A

NJ

White Swan Cleaners/Sun Cleaners Area Ground Water Contamination

Wall Township

NJ

Williams Property

Swainton

NJ

Woodbrook Road Dump

South Plainfield.

NJ

Woodland Route 532 Dump

Woodland Township

NJ

Woodland Route 72 Dump

Woodland Township

NJ

Zschiegner Refining

Howell Township.

NM

AT&SF Albuquerque

Albuquerque

P

NM

Carlisle Village Cleaners

Albuquerque

NM

Chevron Questa Mine

Questa

NM

Eagle Picher Carefree Battery

Socorro

NM

Fruit Avenue Plume

Albuquerque

NM

Grants Chlorinated Solvents Plume

Grants

NM

Griggs & Walnut Ground Water Plume

Las Cruces.

NM

Homestake Mining Co

Milan

NM

Jackpile-Paguate Uranium Mine

Laguna Pueblo

NM

Lea and West Second Street

Roswell

NM

McGaffey and Main Groundwater Plume

Roswell

NM

North Railroad Avenue Plume

Espanola

NM

Prewitt Abandoned Refinery

Prewitt

P

NM

South Valley

Albuquerque

P

NM

United Nuclear Corp

Church Rock

NV

Carson River Mercury Site

Lyon/Churchill Cnty

NY

American Thermostat Co

South Cairo

NY

Applied Environmental Services

Glenwood Landing

NY

Arsenic Mine

Kent

A

NY

Black River PCBs

Jefferson County

NY

Brewster Well Field

Putnam County

NY

Brillo Landfill

Victory

NY

Byron Barrel & Drum

Byron

NY

Carroll & Dubies Sewage Disposal

Port Jervis

NY

Cayuga County Ground Water Contamination

Cayuga County

NY

Circuitron Corp

East Farmingdale

NY

Claremont Polychemical

Old Bethpage

NY

Colesville Municipal Landfill

Town of Colesville

NY

Computer Circuits

Hauppauge

NY

Cortese Landfill

Village of Narrowsburg

NY

Crown Cleaners of Watertown, Inc

Carthage

NY

Dewey Loeffel Landfill

Nassau

NY

Diaz Chemical Corporation

Holley

NY

Eighteenmile Creek

Niagara County

NY

Endicott Village Well Field

Village of Endicott

NY

Facet Enterprises, Inc

Elmira

NY

Forest Glen Mobile Home Subdivision

Niagara Falls

A

NY

Fulton Avenue

North Hempstead.

NY

GCL Tie & Treating Inc

Village of Sidney

NY

GE Moreau

South Glen Falls

NY

General Motors (Central Foundry Division)

Massena

NY

Genzale Plating Co

Franklin Square

NY

Goldisc Recordings, Inc

Holbrook

NY

Gowanus Canal

Brooklyn

NY

Hertel Landfill

Plattekill

NY

Hooker (S Area)

Niagara Falls

NY

Hooker Chemical/Ruco Polymer Corp

Hicksville

NY

Hopewell Precision Area Contamination

Hopewell Junction

NY

Hudson River PCBs

Hudson River

NY

Islip Municipal Sanitary Landfill

Islip

NY

Johnstown City Landfill

Town of Johnstown

NY

Jones Chemicals, Inc

Caledonia

NY

Kentucky Avenue Well Field

Horseheads

NY

Lawrence Aviation Industries, Inc

Port Jefferson Station

P

NY

Lehigh Valley Railroad

Le Roy

NY

Li Tungsten Corp

Glen Cove

NY

Liberty Industrial Finishing

Farmingdale

NY

Little Valley

Little Valley

A

NY

MacKenzie Chemical Works, Inc

Central Islip

NY

Magna Metals

Cortlandt Manor

NY

Malta Rocket Fuel Area

Malta

NY

Mattiace Petrochemical Co., Inc

Glen Cove

NY

Meeker Avenue Plume

Brooklyn

NY

Mohonk Road Industrial Plant

High Falls

NY

Nepera Chemical Co., Inc

Maybrook

NY

New Cassel/Hicksville Ground Water Contamination

New Cassel/Hicksville

NY

Newtown Creek

Brooklyn/Queens

NY

Niagara Mohawk Power Co (Saratoga Spings)

Saratoga Springs

NY

Old Bethpage Landfill

Oyster Bay

NY

Old Roosevelt Field Contaminated Ground Water Area

Garden City.

NY

Olean Well Field

Olean

NY

Onondaga Lake

Syracuse

NY

Peninsula Boulevard Ground Water Plume

Hewlett

NY

Pollution Abatement Services

Oswego

S

NY

Port Washington Landfill

Port Washington

NY

Preferred Plating Corp

Farmingdale

NY

Ramapo Landfill

Ramapo

NY

Richardson Hill Road Landfill/Pond

Sidney Center

NY

Robintech, Inc./National Pipe Co.

Town of Vestal

P

NY

Rosen Brothers Scrap Yard/Dump

Cortland

NY

Rowe Industries Gnd Water Contamination

Noyack/Sag Harbor

NY

Saint-Gobain Performance Plastics

Village of Hoosick Falls

NY

Sarney Farm

Amenia

NY

Sealand Restoration, Inc

Lisbon

NY

Shenandoah Road Ground Water Contamination

East Fishkill.

NY

Sidney Landfill

Sidney

NY

Sinclair Refinery

Wellsville

NY

Solvent Savers

Lincklaen

NY

Stanton Cleaners Area Ground Water Contamination

Great Neck

NY

Tri-Cities Barrel Co., Inc

Port Crane

NY

Vestal Water Supply Well 1-1

Vestal

NY

Volney Municipal Landfill

Town of Volney

NY

Wappinger Creek

Dutchess County

NY

Wolff-Alport Chemical Company

Ridgewood

NY

York Oil Co

Moira

OH

Allied Chemical & Ironton Coke

Ironton

P

OH

Behr Dayton Thermal System VOC Plume

Dayton.

OH

Big D Campground

Kingsville

OH

Chem-Dyne

Hamilton

S

OH

Copley Square Plaza

Copley

OH

Donnelsville Contaminated Aquifer

Donnelsville

OH

E.H. Schilling Landfill

Hamilton Township

OH

East Troy Contaminated Aquifer

Troy

OH

Fields Brook

Ashtabula

OH

Fultz Landfill

Jackson Township

OH

Industrial Excess Landfill

Uniontown

OH

Lammers Barrel

Beavercreek

OH

Little Scioto River

Marion County.

OH

Miami County Incinerator

Troy

OH

Milford Contaminated Aquifer

Milford

OH

Nease Chemical

Salem

OH

New Carlisle Landfill

New Carlisle.

OH

New Lyme Landfill

New Lyme

OH

North Sanitary Landfill

Dayton

OH

Old Mill

Rock Creek

OH

Ormet Corp

Hannibal

OH

Peters Cartridge Factory

Kings Mills

P

OH

Powell Road Landfill

Dayton

OH

Pristine, Inc

Reading

OH

Reilly Tar & Chemical (Dover Plant)

Dover

OH

Sanitary Landfill Co. (Industrial Waste)

Dayton

OH

Skinner Landfill

West Chester

OH

South Point Plant

South Point

OH

Summit National

Deerfield Township

P

OH

TRW, Inc. (Minerva Plant)

Minerva

OH

Valley Pike VOCs

Riverside

OH

Van Dale Junkyard

Marietta

OH

West Troy Contaminated Aquifer

Troy

OH

Zanesville Well Field

Zanesville

OK

Double Eagle Refinery Co.

Oklahoma City

OK

Eagle Industries

Midwest City

OK

Fansteel Metals/FMRI

Muskogee

S

OK

Fourth Street Abandoned Refinery

Okalahoma City

OK

Hardage/Criner

Criner

OK

Henryetta Iron and Metal

Henryetta

OK

Hudson Refinery

Cushing

OK

Oklahoma Refining Co

Cyril

OK

Tar Creek (Ottawa County)

Ottawa County

OK

Wilcox Oil Company

Creek County

OR

Black Butte Mine

Cottage Grove

OR

Formosa Mine

Douglas County

OR

J. H. Baxter

Eugene

OR

McCormick & Baxter Creos. Co (Portland)

Portland

OR

North Ridge Estates

Klamath Falls

P

OR

Northwest Pipe & Casing/Hall Process Company

Clackamas

OR

Portland Harbor

Portland

OR

Reynolds Metals Company

Troutdale

OR

Taylor Lumber and Treating

Sheridan.

OR

Teledyne Wah Chang

Albany

OR

Union Pacific Railroad Tie Treatment

The Dalles

OR

United Chrome Products, Inc

Corvallis

PA

A.I.W. Frank/Mid-County Mustang

Exton

PA

Avco Lycoming (Williamsport Division)

Williamsport

PA

Baghurst Drive

Harleysville

PA

Bally Ground Water Contamination

Bally Borough

PA

Bell Landfill

Terry Township

PA

Bendix Flight Systems Division

Bridgewater Township

PA

Berks Sand Pit

Longswamp Township

PA

Blosenski Landfill

West Caln Township

PA

Boarhead Farms

Bridgeton Township

PA

BoRit Asbetos

Ambler.

PA

Breslube-Penn, Inc

Coraopolis

PA

Brown's Battery Breaking

Shoemakersville

PA

Butz Landfill

Stroudsburg

PA

Centre County Kepone

State College Borough

P

PA

Chem-Fab

Doylestown

PA

Commodore Semiconductor Group

Lower Providence Township

PA

Crater Resources/Keystone Coke/Alan Wood

Upper Merion Township

PA

Crossley Farm

Hereford Township

PA

Croydon TCE

Croydon

PA

CryoChem, Inc

Worman

PA

Delta Quarries & Disp./Stotler Landfill

Antis/Logan Twps

PA

Douglassville Disposal

Douglassville

PA

Drake Chemical

Lock Haven

PA

Dublin TCE Site

Dublin Borough

PA

East Mount Zion

Springettsbury Township

PA

Eastern Diversified Metals

Hometown

PA

Elizabethtown Landfill

Elizabethtown

PA

Fischer & Porter Co

Warminster

PA

Foote Mineral Co

East Whiteland Township

PA

Former Exide Technologies Laureldale

Laureldale

PA

Franklin Slag Pile (MDC)

Philadelphia

PA

Havertown PCP

Haverford

PA

Heleva Landfill

North Whitehall Township

PA

Hellertown Manufacturing Co

Hellertown

PA

Henderson Road

Upper Merion Township

PA

Hunterstown Road

Straban Township

PA

Industrial Lane

Williams Township

PA

Jacks Creek/Sitkin Smelting and Refinery

Maitland

PA

Jackson Ceramix

Falls Creek

P

PA

Keystone Sanitation Landfill

Union Township

PA

Kimberton Site

Kimberton Borough

PA

Lindane Dump

Harrison Township

PA

Lord-Shope Landfill

Girard Township

PA

Lower Darby Creek Area

Delaware/Philadelphia Counties.

PA

MW Manufacturing

Valley Township

PA

Malvern TCE

Malvern

PA

Metal Banks

Philadelphia

PA

Metro Container Corporation

Trainer

PA

Mill Creek Dump

Erie

PA

Modern Sanitation Landfill

Lower Windsor Township

PA

North Penn—Area 1

Souderton

PA

North Penn—Area 12

Worcester

PA

North Penn—Area 2

Hatfield

PA

North Penn—Area 5

Montgomery Township

PA

North Penn Area 6

Lansdale

P

PA

North Penn—Area 7

North Wales

PA

Novak Sanitary Landfill

South Whitehall Township

P

PA

Occidental Chemical Corp./Firestone Tire

Lower Pottsgrove Township

PA

Ohio River Park

Neville Island

PA

Old City of York Landfill

Seven Valleys

PA

Old Wilmington Road Ground Water Contamination

Sadsburyville

PA

Osborne Landfill

Grove City

PA

Palmerton Zinc Pile

Palmerton

P

PA

Paoli Rail Yard

Paoli

PA

Price Battery

Hamburg

PA

Raymark

Hatboro

PA

Revere Chemical Co

Nockamixon Township

PA

Rodale Manufacturing Co., Inc

Emmaus Borough

PA

Ryeland Road Arsenic

Heidelberg Township

PA

Saegertown Industrial Area

Saegertown.

P

PA

Safety Light Corporation

Bloomsburg

PA

Salford Quarry

Lower Salford Township.

PA

Sharon Steel Corp. (Farrell Wks Disp Area)

Hickory Township

PA

Shriver's Corner

Straban Township

PA

Stanley Kessler

King of Prussia

PA

Tobyhanna Army Depot

Tobyhanna

P

PA

Tonolli Corp

Nesquehoning

PA

Tysons Dump

Upper Merion Twp

PA

UGI Columbia Gas Plant

Columbia

PA

Valmont TCE

Hazle Township and West Hazleton

PA

Walsh Landfill

Honeybrook Township

PA

Watson Johnson Landfill

Richland Township

PA

Westinghouse Electronic (Sharon Plant)

Sharon

PA

Westinghouse Elevator Co. Plant

Gettysburg

PA

Whitmoyer Laboratories

Jackson Township

PA

William Dick Lagoons

West Caln Township

PR

Cabo Rojo Ground Water Contamination

Cabo Rojo

PR

Cidra Ground Water Contamination

Cidra

PR

Dorado Ground Water Contamination

Dorado

PR

Fibers Public Supply Wells

Jobos

PR

Juncos Landfill

Juncos

PR

Maunabo Area Ground Water Contamination

Maunabo

PR

Ochoa Fertilizer Co

Guánica

PR

Papelera Puertorriquena, Inc

Utuado.

PR

Pesticide Warehouse I

Arecibo

PR

Pesticide Warehouse III

Manati.

PR

PROTECO

Peñuelas

PR

San German Ground Water Contamination

San German

PR

Scorpio Recycling, Inc.

Candeleria Ward

PR

The Battery Recycling Company

Bo. Cambalache

PR

Upjohn Facility

Barceloneta

PR

Vega Alta Public Supply Wells

Vega Alta

PR

Vega Baja Solid Waste Disposal

Vega Baja

RI

Central Landfill

Johnston

RI

Centredale Manor Restoration Project

North Providence

RI

Davis Liquid Waste

Smithfield

RI

Landfill & Resource Recovery, Inc. (L&RR)

North Smithfield

RI

Peterson/Puritan, Inc

Lincoln/Cumberland

P

RI

Picillo Farm

Coventry

S

RI

Rose Hill Regional Landfill

South Kingston

RI

Stamina Mills, Inc

North Smithfield

RI

West Kingston Town Dump/URI Disposal

South Kingston

RI

Western Sand & Gravel

Burrillville

SC

Aqua-Tech Environmental Inc (Groce Labs)

Greer

SC

Barite Hill/Nevada Goldfields

McCormick.

SC

Beaunit Corp. (Circular Knit & Dye)

Fountain Inn

SC

Brewer Gold Mine

Jefferson

SC

Burlington Industries Cheraw

Cheraw

SC

Carolawn, Inc

Fort Lawn

SC

Clearwater Finishing

Clearwater

SC

Elmore Waste Disposal

Greer

SC

Galey and Lord Plant

Society Hill

SC

Helena Chemical Co Landfill

Fairfax

SC

Kalama Specialty Chemicals

Beaufort

SC

Koppers Co., Inc (Charleston Plant)

Charleston

P

SC

Leonard Chemical Co., Inc

Rock Hill

SC

Lexington County Landfill Area

Cayce

SC

Macalloy Corporation

North Charleston

P

SC

Medley Farm Drum Dump

Gaffney

SC

Palmetto Wood Preserving

Dixiana

SC

Para-Chem Southern, Inc

Simpsonville

P

SC

Rock Hill Chemical Co

Rock Hill

SC

SCRDI Bluff Road

Columbia

S

SC

SCRDI Dixiana

Cayce

SC

Sangamo Weston

Pickens

P

SC

Shuron Inc

Barnwell

SC

Townsend Saw Chain Co. Superfund Site

Pontiac

P

SC

US Finishing/Cone Mills

Greenville

P

SC

Wamchem, Inc

Burton

SD

Gilt Edge Mine

Lead

TN

Alamo Contaminated Ground Water

Alamo

TN

American Creosote Works, (Jackson Plant)

Jackson

TN

Arlington Blending & Packaging

Arlington

TN

Carrier Air Conditioning Co

Collierville

TN

Clinch River Corporation

Harriman

TN

Former Custom Cleaners

Memphis

TN

Mallory Capacitor Co

Waynesboro

TN

Murray-Ohio Dump

Lawrenceburg

TN

National Fireworks

Cordova

TN

Ross Metals Inc

Rossville

TN

Smalley-Piper

Collierville

TN

Smokey Mountain Smelters

Knox County.

TN

Southside Chattanooga Lead

Chattanooga

TN

Velsicol Chemical Corp (Hardeman County)

Toone

TN

Walker Machine Products, Inc.

Collierville

TN

Wrigley Charcoal Plant

Wrigley

TX

ALCOA (Point Comfort)/Lavaca Bay

Point Comfort

TX

Attebury Grain Storage Facility

Happy.

TX

Bandera Road Ground Water Plume

Leon Valley

TX

Brine Service Company

Corpus Christi

TX

Circle Court Ground Water Plume

Willow Park

TX

City of Perryton Well No. 2

Perryton

TX

Conroe Creosoting Company

Conroe

TX

Crystal Chemical Co

Houston

TX

Delfasco Forge

Grand Prairie

TX

Donna Reservoir and Canal System

Donna

TX

East 67th Street Ground Water Plume

Odessa

TX

Eldorado Chemical Co., Inc.

Live Oak

TX

Falcon Refinery

Ingleside

TX

French, Ltd

Crosby

TX

Garland Creosoting

Longview

TX

Geneva Industries/Fuhrmann Energy

Houston

P

TX

Gulfco Marine Maintenance

Freeport.

TX

Hart Creosoting Company

Jasper

TX

Highlands Acid Pit

Highlands

TX

Highway 18 Ground Water

Kermit

TX

Jasper Creosoting Company Inc

Jasper County

TX

Jones Road Ground Water Plume

Harris County

TX

Koppers Co Inc (Texarkana Plant)

Texarkana

TX

Lane Plating Works, Inc

Dallas

TX

Main Street Ground Water Plume

Burnet

TX

Malone Service Company, Inc

Texas City.

TX

Many Diversified Interests, Inc

Houston

P

TX

Midessa Ground Water Plume

Odessa

TX

Motco, Inc

La Marque

S

TX

North Cavalcade Street

Houston

TX

Northwest Odessa Groundwater

Odessa

TX

Odessa Chromium #1

Odessa

TX

Patrick Bayou

Deer Park

TX

Petro-Chemical Systems, (Turtle Bayou)

Liberty County

TX

RSR Corp

Dallas

P

TX

Rockwool Industries Inc

Bell County

TX

Sandy Beach Road Ground Water Plume

Azle

TX

San Jacinto River Waste Pits

Harris County

TX

Sheridan Disposal Services

Hempstead

TX

Sikes Disposal Pits

Crosby

TX

Sol Lynn/Industrial Transformers

Houston

TX

South Cavalcade Street

Houston

TX

Sprague Road Ground Water Plume

Odessa

TX

Star Lake Canal

Port Neches

TX

State Road 114 Ground Water Plume

Levelland

TX

Texarkana Wood Preserving Co

Texarkana

TX

Tex-Tin Superfund

Texas City, Galveston

P

TX

United Creosoting Co

Conroe

TX

US Oil Recovery

Pasadena

TX

Van der Horst USA Corporation

Terrell

TX

West County Road 112 Ground Water

Midland

UT

Bountiful/Woods Cross 5th South PCE Plume

Bountiful/Woods Cross

UT

Five Points PCE Plume

Woods Cross/Bountiful

UT

Jacobs Smelters

Tooele County

P

UT

Portland Cement (Kiln Dust 2 & 3)

Salt Lake City

UT

U.S. Magnesium

Tooele County.

UT

Utah Power & Light/American Barrel Co

Salt Lake City

UT

Wasatch Chemical Co. (Lot 6)

Salt Lake City

VA

Abex Corp

Portsmouth

VA

Arrowhead Associates/Scovill Corp

Montross

VA

Atlantic Wood Industries, Inc

Portsmouth

VA

Avtex Fibers, Inc

Front Royal

VA

Buckingham County Landfill

Buckingham

VA

Chisman Creek

York County

VA

Culpeper Wood Preservers, Inc

Culpeper

VA

Former Nansemond Ordnance Depot

Suffolk

P

VA

Greenwood Chemical Co

Newtown

VA

H & H Inc., Burn Pit

Farrington

VA

Hidden Lane Landfill

Sterling

VA

Kim-Stan Landfill

Selma

VA

L.A. Clarke & Son

Spotsylvania County

VA

Peck Iron and Metal

Portsmouth.

VA

Rentokil, Inc. (Virginia Wood Preserving Division)

Richmond

P

VA

Saltville Waste Disposal Ponds

Saltville

VA

Saunders Supply Co

Chuckatuck

VA

U.S. Titanium

Piney River

VI

Tutu Wellfield

Tutu

VT

BFI Sanitary Landfill (Rockingham)

Rockingham

VT

Bennington Municipal Sanitary Landfill

Bennington

VT

Burgess Brothers Landfill

Woodford

VT

Commerce Street Plume

Williston

VT

Elizabeth Mine

Strafford.

VT

Ely Copper Mine

Vershire

VT

Jard Company, Inc.

Bennington

VT

Old Springfield Landfill

Springfield

VT

Parker Sanitary Landfill

Lyndon

VT

Pike Hill Copper Mine

Corinth

VT

Pine Street Canal

Burlington

S

VT

Pownal Tannery

Pownal

WA

Boomsnub/Airco

Vancouver

S

WA

Bremerton Gasworks

Bremerton

WA

Centralia Municipal Landfill

Centralia

WA

Colbert Landfill

Colbert

WA

Commencement Bay, Near Shore/Tide Flats

Pierce County

P

WA

Commencement Bay, South Tacoma Channel

Tacoma

P

WA

FMC Corp. (Yakima Pit)

Yakima

WA

General Electric Co. (Spokane Shop)

Spokane

WA

Grain Handling Facility at Freeman

Freeman

WA

Greenacres Landfill

Spokane County

WA

Hamilton/Labree Roads Ground Water Contamination

Chehalis

WA

Harbor Island (Lead)

Seattle

P

WA

Hidden Valley Landfill (Thun Field)

Pierce County

WA

Kaiser Aluminum Mead Works

Mead

WA

Lakewood Site

Lakewood

P

WA

Lockheed West Seattle

Seattle

WA

Lower Duwamish Waterway

Seattle

WA

Makah Reservation Warmhouse Beach Dump

Neah Bay

WA

Mica Landfill

Mica

WA

Midnite Mine

Wellpinit.

WA

Midway Landfill

Kent

WA

Moses Lake Wellfield Contamination

Moses Lake

WA

North Market Street

Spokane

WA

Oeser Co.

Bellingham

WA

Pacific Car & Foundry Co

Renton

WA

Pacific Sound Resources

Seattle

WA

Palermo Well Field Ground Water Contam

Tumwater

WA

Pasco Sanitary Landfill

Pasco

WA

Queen City Farms

Maple Valley

P

WA

Quendall Terminals

Renton

WA

Seattle Municipal Landfill (Kent Hghlnds)

Kent

WA

Upper Columbia River

Upper Columbia River

WA

Western Processing Co., Inc

Kent

WA

Wyckoff Co./Eagle Harbor

Bainbridge Island

WI

Algoma Municipal Landfill

Algoma

WI

Amcast Industrial Corporation

Cedarburg

WI

Ashland/Northern States Power Lakefront

Ashland

WI

Better Brite Plating Chrome & Zinc Shops

DePere

WI

City Disposal Corp. Landfill

Dunn

WI

Delavan Municipal Well #4

Delavan

WI

Hagen Farm

Stoughton

WI

Hechimovich Sanitary Landfill

Williamstown

WI

Hunts Disposal Landfill

Caledonia

WI

Janesville Ash Beds

Janesville

WI

Janesville Old Landfill

Janesville

WI

Kohler Co. Landfill

Kohler

WI

Lauer I Sanitary Landfill

Menomonee Falls

WI

Lemberger Landfill, Inc

Whitelaw

WI

Lemberger Transport & Recycling

Franklin Township

WI

Madison Metropolitan Sewerage District

Blooming Grove

WI

Master Disposal Service Landfill

Brookfield

WI

Mid-State Disposal, Inc. Landfill

Cleveland Township

WI

Moss-American(Kerr-McGee Oil Co.)

Milwaukee

WI

Muskego Sanitary Landfill

Muskego

WI

N.W. Mauthe Co., Inc

Appleton

S

WI

National Presto Industries, Inc

Eau Claire

WI

Oconomowoc Electroplating Co. Inc

Ashippin

WI

Onalaska Municipal Landfill

Onalaska

WI

Penta Wood Products

Daniels

WI

Refuse Hideaway Landfill

Middleton

WI

Ripon City Landfill

Ripon

WI

Sauk County Landfill

Excelsior

WI

Schmalz Dump

Harrison

WI

Sheboygan Harbor & River

Sheboygan

WI

Spickler Landfill

Spencer

WI

Stoughton City Landfill

Stoughton

WI

Tomah Municipal Sanitary Landfill

Tomah

WI

Unity Auto Mart

Unity

WI

Waste Mgmt of WI (Brookfield Sanit LF)

Brookfield

WI

Wausau Ground Water Contamination

Wausau

WV

Big John Salvage—Hoult Road

Fairmont

WV

Fike Chemical, Inc

Nitro

WV

Hanlin-Allied-Olin

Moundsville

WV

North 25th Street Glass and Zinc

Clarksburg

WV

Paden City Groundwater

Paden City

WV

Ravenswood PCE Ground Water Plume

Ravenswood

WV

Shaffer Equipment/Arbuckle Creek Area

Minden

WV

Sharon Steel Corp (Fairmont Coke Works)

Fairmont

WV

Vienna Tetrachloroethene

Vienna

a A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50).

S = State top priority (included among the 100 top priority sites regardless of score).

P = Sites with partial deletion(s).

Table 2—Federal Facilities Section

St

Site name

City/County

Notes(a)

AK

Adak Naval Air Station

Adak

AK

Eielson Air Force Base

Fairbanks N Star Borough

AK

Elmendorf Air Force Base

Greater Anchorage Borough

AK

Fort Richardson (USARMY)

Anchorage

AK

Fort Wainwright

Fairbanks N Star Borough

AL

Alabama Army Ammunition Plant

Childersburg

AL

Anniston Army Depot (SE Industrial Area)

Anniston

AL

Redstone Arsenal (USARMY/NASA)

Huntsville

P

AZ

Williams Air Force Base

Chandler

AZ

Yuma Marine Corps Air Station

Yuma

CA

Alameda Naval Air Station

Alameda

CA

Barstow Marine Corps Logistics Base

Barstow

CA

Camp Pendleton Marine Corps Base

San Diego County

CA

Castle Air Force Base

Merced

CA

Concord Naval Weapons Station

Concord

CA

Edwards Air Force Base

Kern County

CA

El Toro Marine Corps Air Station

El Toro

P

CA

Fort Ord

Marina

P

CA

George Air Force Base

Victorville

CA

Hunters Point Naval Shipyard

San Francisco

P

CA

Jet Propulsion Laboratory (NASA)

Pasadena

CA

LEHR/Old Campus Landfill (USDOE)

Davis

CA

Lawrence Livermore Lab Site 300 (USDOE)

Livermore

CA

Lawrence Livermore Laboratory (USDOE)

Livermore

CA

March Air Force Base

Riverside

CA

Mather Air Force Base

Sacramento

CA

McClellan Air Force Base (GW Contam)

Sacramento

CA

Moffett Naval Air Station

Sunnyvale

CA

Norton Air Force Base

San Bernardino

CA

Riverbank Army Ammunition Plant

Riverbank

CA

Sacramento Army Depot

Sacramento

CA

Sharpe Army Depot

Lathrop

CA

Tracy Defense Depot (USARMY)

Tracy

CA

Travis Air Force Base

Solano County

CO

Air Force Plant PJKS

Waterton

CO

Rocky Flats Plant (USDOE)

Jefferson and Boulder Counties

P

CO

Rocky Mountain Arsenal (USARMY)

Adams County

P

CT

New London Submarine Base

New London

DC

Washington Navy Yard

Washington DC

DE

Dover Air Force Base

Dover

FL

Cecil Field Naval Air Station

Jacksonville

P

FL

Homestead Air Force Base

Homestead

FL

Jacksonville Naval Air Station

Jacksonville

FL

Pensacola Naval Air Station

Pensacola

FL

Tyndall Air Force Base

Panama City

P

FL

Whiting Field Naval Air Station

Milton

GA

Marine Corps Logistics Base

Albany

P

GA

Robins Air Force Base(Lf#4/Sludge Lagoon

Houston County

GU

Andersen Air Force Base

Yigo

HI

Naval Computer & Telecommunications Area

Oahu

HI

Pearl Harbor Naval Complex

Pearl Harbor

IA

Iowa Army Ammunition Plant

Middletown

ID

Idaho National Engineering Lab (USDOE)

Idaho Falls

ID

Mountain Home Air Force Base

Mountain Home

IL

Joliet Army Ammunition Plant (LAP Area)

Joliet

IL

Joliet Army Ammunition Plant (Mfg Area)

Joliet

IL

Sangamo Electric/Crab Orchard NWR (USDOI)

Carterville

IL

Savanna Army Depot Activity

Savanna

KS

Fort Riley

Junction City

KY

Paducah Gaseous Diffusion Plant (USDOE)

Paducah

LA

Louisiana Army Ammunition Plant

Doyline

MA

Fort Devens

Fort Devens

MA

Hanscom Field/Hanscom Air Force Base

Bedford

MA

Natick Laboratory Army Research, D&E Cntr

Natick

MA

Naval Weapons Industrial Reserve Plant

Bedford

MA

Otis Air National Guard Base/Camp Edwards

Sandwich, Falmouth, Bourne, Mashpee

P

MA

South Weymouth Naval Air Station

Weymouth

P

MD

Aberdeen Proving Ground (Edgewood Area)

Edgewood

MD

Aberdeen Proving Ground (Michaelsville LF)

Aberdeen

MD

Andrews Air Force Base

Camp Springs

MD

Beltsville Agricultural Research (USDA)

Beltsville

MD

Brandywine DRMO

Brandywine

MD

Curtis Bay Coast Guard Yard

Anne Arundel County

MD

Fort Detrick Area B Ground Water

Frederick

MD

Fort George G. Meade

Odenton

P

MD

Indian Head Naval Surface Warfare Center

Indian Head

MD

Patuxent River Naval Air Station

St. Mary's County

ME

Brunswick Naval Air Station

Brunswick

ME

Loring Air Force Base

Limestone

MN

Naval Industrial Reserve Ordnance Plant

Fridley

P

MN

New Brighton/Arden Hills/TCAAP (USARMY)

New Brighton

P

MO

Lake City Army Ammu. Plant (NW Lagoon)

Independence

MO

Weldon Spring Former Army Ordnance Works

St. Charles County

MO

Weldon Spring Quarry/Plant/Pitts (USDOE)

St. Charles County

NC

Camp Lejeune Military Res. (USNAVY)

Onslow County

NC

Cherry Point Marine Corps Air Station

Havelock

NE

Cornhusker Army Ammunition Plant

Hall County

NH

Pease Air Force Base

Portsmouth/Newington

NJ

Federal Aviation Admin. Tech. Center

Atlantic County

NJ

McGuire Air Force Base #1

Wrightstown

NJ

Middlesex Sampling Plant (USDOE)

Middlesex

NJ

Naval Air Engineering Center

Lakehurst

NJ

Naval Weapons Station Earle (Site A)

Colts Neck

NJ

Picatinny Arsenal (USARMY)

Rockaway Township

NM

Lee Acres Landfill (USDOI)

Farmington

NY

Brookhaven National Laboratory (USDOE)

Upton

NY

Griffiss Air Force Base

Rome

P

NY

Plattsburgh Air Force Base

Plattsburgh

NY

Seneca Army Depot

Romulus

P

OH

Feed Materials Production Center (USDOE)

Fernald

OH

Mound Plant (USDOE)

Miamisburg

P

OH

Wright-Patterson Air Force Base

Dayton

OK

Tinker Air Force (Soldier Cr/Bldg 300)

Oklahoma City

OR

Bradford Island

Cascade Locks

OR

Fremont Nat. Forest Uranium Mines (USDA)

Lakeview

OR

Umatilla Army Depot (Lagoons)

Hermiston

PA

Letterkenny Army Depot (SE Area)

Chambersburg

P

PA

Letterkenny Army Depot (PDO Area)

Franklin County

P

PA

Naval Air Development Center (8 Areas)

Warminster Township

PA

Navy Ships Parts Control Center

Mechanicsburg

PA

Tobyhanna Army Depot

Tobyhanna

P

PA

Willow Grove Naval Air & Air Res. Stn.

Willow Grove

PR

Atlantic Fleet Weapons Training Area—Vieques

Island of Vieques 1

S

RI

Davisville Naval Construction Batt Cent

North Kingston

RI

Newport Naval Education/Training Center

Newport

SC

Parris Island Marine Corps Recruit Depot

Parris Island

SC

Savannah River Site (USDOE)

Aiken

SD

Ellsworth Air Force Base

Rapid City

P

TN

Memphis Defense Depot (DLA)

Memphis

TN

Milan Army Ammunition Plant

Milan

TN

Oak Ridge Reservation (USDOE)

Oak Ridge

TX

Air Force Plant #4 (General Dynamics)

Fort Worth

TX

Lone Star Army Ammunition Plant

Texarkana

TX

Longhorn Army Ammunition Plant

Karnack

TX

Pantex Plant (USDOE)

Pantex Village

UT

700 South 1600 East PCE Plume

Salt Lake City

UT

Hill Air Force Base

Ogden

UT

Monticello Mill Tailings (USDOE)

Monticello

P

UT

Ogden Defense Depot (DLA)

Ogden

UT

Tooele Army Depot (North Area)

Tooele

VA

Defense General Supply Center (DLA)

Chesterfield County

VA

Fort Eustis (US Army)

Newport News

VA

Langley Air Force Base/NASA Langley Cntr

Hampton

VA

Marine Corps Combat Development Command

Quantico

VA

Naval Amphibious Base Little Creek

Virginia Beach

VA

Naval Surface Warfare—Dahlgren

Dahlgren

VA

Naval Weapons Station—Yorktown

Yorktown

VA

Naval Weapons Station Yorktown—Cheatham Annex

Williamsburg

VA

Norfolk Naval Base (Sewells Pt Nvl Cmpx)

Norfolk

VA

Norfolk Naval Shipyard

Portsmouth

VA

St. Juliens Creek Annex (U.S. Navy)

Chesapeake

WA

American Lake Gardens/McChord AFB

Tacoma

WA

Bangor Naval Submarine Base

Silverdale

WA

Bangor Ordnance Disposal (USNAVY)

Bremerton

WA

Fairchild Air Force Base (4 Waste Areas)

Spokane County

WA

Fort Lewis Logistics Center

Tillicum

WA

Hanford 100-Area (USDOE)

Benton County

P

WA

Hanford 200-Area (USDOE)

Benton County

WA

Hanford 300-Area (USDOE)

Benton County

WA

Jackson Park Housing Complex (USNAVY)

Kitsap County

WA

Naval Air Station, Whidbey Island (Ault)

Whidbey Island

WA

Naval Undersea Warfare Station (4 Areas)

Keyport

WA

Old Navy Dump/Manchester Lab (USEPA/NOAA)

Manchester

WA

Puget Sound Naval Shipyard Complex

Bremerton

WV

Allegany Ballistics Laboratory (USNAVY)

Mineral

WV

West Virginia Ordnance (USARMY)

Point Pleasant

P

WY

F.E. Warren Air Force Base

Cheyenne

1 Only the Vieques portions of the AFWTA are included in appendix B to Part 300, the National Priorities List. The Culebra portions of the AFWTA (that were included in the NPL proposal AFWTA on August 13, 2004) are not included at this time due to ongoing negotiations between the Commonwealth of Puerto Rico and the Department of the Army.

Notes:

(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50).

S = State top priority (included among the 100 top priority sites regardless of score).

P = Sites with partial deletion(s).

Appendix CAppendix C to Part 300—Requirements for Product Testing Protocols and Summary Test Data: Dispersant Baffled Flask Efficacy and Toxicity Tests; Standard Acute Toxicity Test for Bioremediation Agents, Surface Washing Agents, Herding Agents, and Solidifiers; and Bioremediation Agent Efficacy Test

Table of Contents

1.0 Applicability and Scope

2.0 Baffled Flask Dispersant Efficacy Test (BFT)

3.0 Dispersant Toxicity Testing

4.0 Standard Acute Toxicity Testing for Surface Washing Agents, Bioremediation Agents, Herding Agents, and Solidifiers

5.0 Bioremediation Agent Efficacy Test Protocol

Illustrations

Figure Number

1. A Baffled Trypsinizing Flask

Tables

Table Number

1. Constituent Concentrations for GP2 Artificial Seawater

2. Test Oil Characteristics

3. Stock Standard Solution Preparation

4. Dispersant Calibration Example for Test Oil

5. Sample Calculation With ANS

6. Toxicity Testing Requirements for Dispersants

7. Summary of Test Conditions—Dispersant Toxicity

8. Toxicity Testing Requirements for Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers

9. Summary of Test Conditions—Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers Toxicity

10. Artificial Seawater Nutrient Concentrations

11. Artificial Seawater Nutrient Concentrations for Bioremediation Agents Having No Nutrients Included

12. Constituent Concentrations for Artificial Freshwater (Bushnell-Haas)

13. Freshwater Nutrient Concentrations

14. Artificial Freshwater Nutrient Concentration for Bioremediation Agents Having No Nutrients Included

15. Bioremediation Efficacy Test—Summary of Experimental Setup

16. Bioremediation Efficacy—Summary of Analytical Procedures

17. QA/QC Checks

Standard Operating Procedures Tables

SOP 3-1 Amount of Stock Solutions Required To Make the Working Standards

SOP 4-1 Ions Associated With Retention Time Groups

SOP 4-2 Instrumental Conditions for Crude Oil Analysis

SOP 4-3 Ion Abundance Criteria for DFTPP

SOP 4-4 Target Compound List

1.0 Applicability and Scope. This Appendix establishes laboratory protocols required under Subpart J (Use of Dispersants and Other Chemical and Biological Agents) of 40 CFR part 300 (National Oil and Hazardous Substances Pollution Contingency Plan) to make listing determinations for the Product Schedule. The protocols apply, based on product type, to dispersants, bioremediation agents, surface washing agents, herding agents, and solidifiers as defined in Subpart A (Introduction) of 40 CFR part 300.

2.0 Baffled Flask Dispersant Efficacy Test (BFT)

2.1 Summary. This laboratory protocol establishes procedures to evaluate the degree to which a product effectively disperses oil spilled on the surface of seawater, using a modified 150-mL screw-cap trypsinizing flask (an Erlenmeyer flask with baffles) with a glass and Teflon® stopcock near the bottom to allow removal of subsurface water samples without disturbing the surface oil layer. The efficacy of a dispersant is measured using one reference oil, Strategic Petroleum Oil Reserve Bryan Mound at two temperatures (5 °C and 25 °C). Six replicates and one method blank are required at each temperature. A layer of oil is placed on the surface of artificial seawater, and the dispersant is added to the slick at a dispersant:oil ratio (DOR) of 1:25 (4%) by volume. A standard orbital shaker table provides turbulent mixing at a speed of 250 revolutions per minute (rpm) for 10 minutes, immediately after which it is maintained stationary for 10 minutes to allow non-dispersed oil to rise to the water's surface. An undisturbed water sample is removed from the bottom of the flask through the stopcock, extracted with dichloromethane (DCM), and analyzed for oil content by UV-visible absorption spectrophotometry at wavelengths ranging between 340 and 400 nm.

2.2 Apparatus. All equipment must be maintained and calibrated per standard laboratory procedures.

2.2.1 Modified Trypsinizing Flask. A modified 150 mL glass screw-capped Erlenmeyer flasks with baffles ( e.g., Wheaton No. 355394 or equivalent) fitted with a 2 mm bore Teflon® stopcock and glass tubing, the center of which is no more than 1.3 cm from the bottom, as shown in Figure 1.

Figure 1. A Baffled Trypsinizing Flask

2.2.2 Orbital Shaker Table. An orbital shaker table with a variable speed control unit capable of maintaining 250 rpm. The orbital diameter must be approximately 1.0 inch (2.5 cm) ±0.1 inch (0.25 cm).

2.2.3 Spectrophotometer. A UV-visible spectrophotometer capable of measuring absorbance between 340 and 400 nm ( e.g., Shimadzu UV-1800, Agilent 8453, or equivalent). Use standard transmission-matched quartz 10-mm path length rectangular cells with PTFE cover for absorbance measurements.

2.2.4 Glassware. Including: 25-ml graduated mixing cylinders (a graduated cylinder with a ground glass stopper); 50- and 100-ml graduated cylinders; 125-mL separatory funnels with Teflon stopcocks; 10-ml volumetric flasks; 30-ml crimp style glass serum bottles; 1-, 2-, 5-mL pipettes; other miscellaneous laboratory items.

2.2.5 Micropipettor. Use a micropipettor capable of dispensing 4 µL of dispersant and 100 µL of oil ( e.g., Brinkmann Eppendorf repeater pipettor with 100 µL and 5 mL syringe tip attachments or equivalent).

2.2.6 Syringes. 25-, 100-, 250-, 1,000-, 2,500-, 5,000-µl gas-tight syringes.

2.2.7 Constant temperature rooms or incubators to hold the shaker at 5 °C and 25 °C.

2.2.8 Analytical Balance.

2.2.9 Chemical fume hood.

2.3 Reagents.

2.3.1 Artificial seawater. Use the artificial seawater GP2 formulation shown in Table 1 of this Appendix.

2.3.2 Test oil. Use the EPA standard reference oil Strategic Petroleum Reserve Bryan Mound. To obtain this oil at no charge (except for a minimal shipping fee), see the instructions at http://www.epa.gov/emergencies/content/ncp/index.htm. Selected properties are summarized in Table 2 of this Appendix.

2.3.3 Dichloromethane (DCM) (also known as methylene chloride), pesticide quality.

2.4 Container Handling and Storage.

2.4.1 Glassware. If the glassware has been used with oil before, rinse with DCM to remove as much of the oil adhering to the sides of the flask as possible; waste DCM may be used. Soak in warm water with detergent and individually wash with bristled brushes. First rinse with tap water, then follow with two de-ionized water rinses. Dry either on a rack or in a 110 °C drying oven. After drying, rinse with fresh DCM (use sparingly).

2.4.2 Serum bottles and other non-volumetric glassware. Bake for at least 4 hours in a muffle furnace at 450 °C.

2.5 Calibration Curve for the UV-visible spectrophotometer.

2.5.1 Stock Standard Solution Preparation. Stock standard solution concentrations are based on the mass measurements after each addition and density determinations of the oil/dispersant/DCM solution using a density bottle or a 1-mL gas tight syringe. An example calculation is given in Table 3 of this Appendix according to the following equation:

Use the reference oil and the specific dispersant being tested for a particular set of experimental test runs. Prepare the stock standard solution of dispersant-oil mixture in DCM, starting with 2 ml of the oil, then adding 80 µl of the dispersant followed by 18 ml of DCM.

2.5.2 Six -point Calibration Curve. For the reference oil, add specific volumes of its stock standard solution (given in Table 4 of this Appendix) to 30 ml of artificial seawater in a 125 ml separatory funnel. Extract the oil/dispersant water mixture with triplicate 5 ml volumes of DCM. Follow each DCM addition by 15 seconds of vigorous shaking, carefully releasing the initial pressure inside the separatory funnel by partially removing the glass stopper inside a fume hood after the first few shakes. Then, allow a 2-minute stationary period for phase separation for each extraction. Drain the extracts into a 25-mL graduated mixing cylinder. Release any entrained bubbles of DCM from the water layer by sideways shaking of the funnel. Use precaution not to drain water into the DCM extract as it can affect the absorbance readings. Adjust the final volume of the collected extracts to 25 mL in the mixing cylinder using DCM. Determine specific masses for oil concentrations in the standards as volumes of oil/dispersant solution multiplied by the concentration of the stock solution. An example calculation is given in Table 4 of this Appendix. One calibration curve is needed for the reference oil and dispersant combination.

2.6 Sample Preparation and Testing. See section 2.7 of this Appendix for a detailed description of the spectrophotometer's linear calibration procedure.

2.6.1 Six replicates of the oil and test dispersant are required at each temperature plus two additional tests of method blanks (artificial seawater without oil and dispersant), one at each temperature. A completed test consists of 14 baffled flask tests (a total of six replicates for the reference oil/test dispersant combination at two temperatures (5 °C and 25 °C), plus two method blanks).

2.6.2 Attach a 3-inch length of Teflon tubing to the stopcock of each of the 150-mL baffled flasks. Add 120 mL of artificial seawater to each flask. Put screw cap on flasks and place them at the appropriate temperature (either 5 °C or 25 °C) for equilibration.

2.6.3 Calibrate and adjust the shaker table to 250 ± 10 rpm.

2.6.4 Prepare and time separately each baffled flask. Sequentially add 100 µL of oil and 4 µL of dispersant to the flask layering them onto the center of the seawater to give a dispersant-to-oil ratio (DOR) of 1:25. Avoid any oil or dispersant splashing on the flask walls, as it may reduce efficacy or cause errors in the calculated results. Discard the sample and repeat the setup if: (1) any oil or dispersant splashing occurs during the additions, or (2) the dispersant contacts the water first rather than the oil. This is especially important for 5 °C work because of increased oil viscosity.

2.6.5 For the oil, fill the tip of the pipettor, using a wipe to remove any oil from the sides of the tip. Holding the pipettor vertically, dispense several times back into the reservoir to ensure that the oil flows smoothly. Insert the syringe tip vertically into the baffled flask and let the bottom of the pipettor rest on the neck of the flask. Slowly and carefully dispense the oil one time onto the center of the water's surface. The remainder of the oil can either be returned to the oil bottle or set aside for use in the next test flask.

Note to 2.6.5: If a Brinkmann Eppendorf repeater pipettor is used for dispensing the oil, attach a 5-mL syringe tip, and set the dial to 1.

2.6.6 For the dispersant, use the same procedure as for the oil to dispense onto the center of the oil slick surface. As the dispersant first contacts the oil, it will usually push the oil to the sides of the flask. Replace the screw cap onto the flask.

Note to 2.6.6: If a Brinkmann Eppendorf repeater pipettor is used for dispensing the dispersant, attach a 100-µL syringe tip, and set the dial to 2.

2.6.7 Carefully place flask securely onto the shaker and agitate for 10 ± 0.25 minutes at 250 ± 10 rpm.

2.6.8 Remove the flask from the shaker table and allow a stationary, quiescent period of 10 ± 0.25 minutes to allow undispersed and/or recoalesced oil droplets to refloat to the surface.

2.6.9 Carefully open the screw cap, then the stopcock at the bottom, and discard the first several mL of seawater into a waste beaker to remove non-mixed water-oil initially trapped in the stopcock tubing. Collect a volume slightly greater than 30-mL into a 50-mL graduated cylinder. Adjust the collected volume to the 30-mL mark by removing excess with a disposable glass Pasteur pipette. A web-like emulsion may form at the solvent/water interface during the water sample extraction. Avoid pulling any emulsion phase into the DCM extract as it may cloud the DCM-extract, leading to error.

2.6.10 Transfer the water-oil sample from the graduated cylinder into a 125-mL glass separatory funnel fitted with a Teflon stopcock.

2.6.11 Add 5 mL DCM to the separatory funnel. Start shaking, releasing pressure into the fume hood by loosening the glass stopper. Shake vigorously at least 20 times for 15 seconds.

2.6.12 Allow the funnel to remain in a stationary position for 2 minutes to allow phase separation of the water and DCM.

2.6.13 Drain the DCM layer from the separatory funnel into a 25 mL mixing cylinder. Avoid pulling any emulsion phase into the DCM extract as it may cloud the DCM extract.

2.6.14 Repeat the DCM-extraction process two or three additional times until the DCM is clear. Collect each extract in the graduated cylinder. After the final extraction, lightly shake the separatory funnel sideways once or twice to dislodge entrained bubbles of DCM and drain.

2.6.15 Adjust the final volume to a known quantity, 25 mL, in the mixing cylinder. Using a syringe, dispense 2.5 mL or 5.0 mL of a reference oil sample into a 10-mL volumetric flask, and fill with DCM to make either a 1:4 or 1:2 dilution, respectively.

2.6.16 If analysis cannot be conducted immediately, store the extracted DCM samples at 4 ± 2 °C until time of analysis. Glass-stoppered mixing cylinders may be used for short-term storage or prior to bringing the extracts up to volume. After bringing to volume, transfer the DCM extracts to 25-30 ml crimp-style serum vials with aluminum/Teflon seals.

2.6.17 Complete all analysis within 10 consecutive days from when the sample was collected.

2.7 UV-Visible Spectrophotometer Linear Stability Calibration

2.7.1 A six-point calibration of the UV-visible spectrophotometer is required at least once per day for each oil. The stability calibration criterion is determined with the six oil standards identified in Table 4 of this Appendix.

2.7.2 Turn on spectrophotometer and allow it to warm up for at least 30 minutes before beginning analysis. Blank the instrument for the wavelengths between 340 and 400 nm with DCM.

2.7.3 If refrigerated, allow all extracts, standards, and samples to warm to room temperature.

2.7.4 Determine the absorbance of the six standards between the wavelengths of 340 and 400 nm. This can be done by either one of the following methods:

2.7.4.1 Trapezoidal Rule. Program the spectrophotometer to take readings every 5λ or 10λ and calculate the area under the curve using the Trapezoidal rule:

where N + 1 = number of absorbance measurements to delineate N equally spaced sections of the curve, and H = the distance (λ) between each reading. For H = 5, N + 1 = 13 measurements, for H = 10, N + 1 = 7. The following formula illustrates readings taken every 10λ.

When using readings taken every 5λ, each absorbance sum is multiplied by 5.

2.7.4.2 Automatic Integration. Program the spectrophotometer to automatically integrate the area under the curve between 340 nm and 400 nm.

2.7.4.3 If the wavelengths must be manually set on the spectrophotometer, the older method of only measuring at 340λ, 370λ, and 400λ may be used. Then calculate using the trapezoidal rule for N + 1 = 3, H = 30. While the resulting area count with the older method is less accurate, the final results are similar since the inaccuracy is systematic.

2.7.5 After determining the area count for each standard, determine the response factor (RF) for the oil at each concentration using the following equation:

2.7.6 Spectrophotometer stability for the initial calibration is acceptable when the RFs of the six standard extracts are less than 10% different from the overall mean value for the six standards, as calculated in Equation 5 of this Appendix and depicted in the example in Table 4 of this Appendix.

2.7.7 If this criterion is satisfied, begin analysis of sample extracts. Absorbances greater than or equal to 3.5 are not included because absorbance saturation occurs at and above this value. If any of the standard oil extracts fails to satisfy the initial-stability criterion, the source of the problem ( e.g., preparation protocol for the oil standards, spectrophotometer stability, etc.) must be corrected before analysis of the sample extracts begins.

2.7.8 Determine the slope of the calibration points by using linear regression forced zero intercept:

2.8 Spectrophotometric Analysis and Calculations

2.8.1 Once a successful calibration curve for the reference oil has been created and verified, measure experimental replicates for the reference oil at each temperature followed by a standard check sample.

2.8.2 Determine the area for the absorbance values obtained for the experimental samples by using Equation 2 of this Appendix and illustrated by Equation 3 of this Appendix.

2.8.3 Calculate the Total Oil dispersed and the percentage of oil dispersed (%OD) based on the ratio of oil dispersed in the test system to the total oil added to the system, as follows:

where:

V DCM = final volume of the DCM extract (mL)

V tw = total seawater in Baffled Flask (120 mL)

V ew = volume seawater extracted (30 mL)

where:

r Oil = density of the specific test oil, mg/mL and

V Oil = Volume (mL of oil added to test flask (100 µL = 0.1 mL))

2.8.4 The %ODs for the six replicates within a particular treatment are then subjected to an outlier test, the Grubb's Test or Maximum Normal Residual test (6). A convenient internet-based calculator of a Grubbs outlier may be found at: http://www.graphpad.com/quickcalcs/Grubbs1.cfm. If an outlier is detected (p < 0.05), analyze an additional replicate to obtain the required six replicates.

2.8.5 Report the Dispersion Efficacy value for each oil and each temperature, which is the lower 95% confidence level of the 6 independent replicates (DE LCL95 ) for each oil/temperature combination. Error bars are not needed as reporting the lower confidence level computationally takes the variability of the replicates into account as shown in Equation 9 of this Appendix.

where (%OD)

(%OD) = mean percentage oil dispersed for the n = 6 replicates, S = standard deviation, and t (n-1,1- α ) = 100 * (1-α)th percentile from the t-distribution with n-1 degrees of freedom. For 6 replicates, t n-1,1- α = 2.015, where α = 0.05. An example of the calculations is given in Table 5 of this Appendix.

2.9 Performance Criterion

The dispersant product tested will remain in consideration for listing on the NCP Product Schedule if the dispersant efficacy (DE LCL95 ), as calculated in section 2.8.6 of this Appendix, is:

Oil

Temp

( °C)

DE LCL95

(%)

Bryan Mound

5

≥70

Bryan Mound

25

≥75

2.10 Quality Control (QC) Procedures for Oil Concentration Measurements

2.10.1 Absorbance readings. Perform at least 5% of all UV-visible spectrophotometric measurements in duplicate as a QC check on the analytical measurement method. The absorbance values for the duplicates must agree within ±5% of their mean value.

2.10.2 Method blanks. Analytical method blanks involve an analysis of artificial seawater blanks (artificial seawater without oil or dispersant in a baffled flask) through testing and analytical procedures. Analyze method blanks with a frequency of at least two per completed test. Oil concentrations in method blanks must be less than detectable limits.

2.10.3 Accuracy. Determine accuracy by using a mid-point standard calibration check after each set of replicate samples analyzed. The acceptance criterion is based on a percent recovery of 90-110% using the following equation:

2.10.4 Calibration QC checks. Before analyzing samples, the spectrophotometer must meet an instrument stability calibration criterion using the oil standards. The instrument stability for initial calibration is acceptable when the RFs (Equation 5 of this Appendix) for each of the six standard concentration levels are less than 10% different from the overall mean value.

Table 1—Constituent Concentrations for GP2 Artificial Seawater

[Based on Spotte et al., 1984]

Constituent

Concentration

(g/L)

NaCl

21.03

Na 2 SO 4

3.52

KCl

0.61

KBr *

0.088

Na 2 B 4 O 7 × 10H 2 O *

0.034

MgCl 2 × 6H 2 O

9.50

CaCl 2 × 2H 2 O

1.32

SrCl 2 × 6H 2 O *

0.02

NaHCO 2 *

0.17

* Use Stock Solution, 1 mL/L GP2 for 100X stock solution for Bromide, Borate, and Strontium. 10 mL/L GP2 for bicarbonate—10X stock solution as it is not soluble in a 100X solution. Adjust to pH 8.0 prior to autoclaving.

Table 2—Test Oil Characteristics

[April 2023 oil assay]

Oil

Density, mg/mL

@15 °C

API gravity

@15 °C

Viscosity

@25 °C, (cSt)

Category by

API gravity

SPR Bryan Mound

0.8320

38.6

4.721

Light Oil.

Table 3—Sample Calculation for Preparation of Oil + Dispersant Stock Standard Solution

Item

Identifier

Amount

Mass of Bottle, g

A

29.498

Mass of Bottle + oil, g

B

31.225

Mass of bottle + disp + oil + DCM, g

C

54.380

Mass of oil, g ( derived )

F = B−A

1.727

Mass of disp + oil + DCM, g ( derived )

G = C−A

24.882

Mass of 1 mL syringe, g

D

14.556

Mass of 1 mL syringe + solution, g

E

15.820

Density of solution, g/mL ( derived )

H = E−D

1.264

Volume of solution, mL ( derived )

I = G/H

19.687

Conc. of stock solution, mg/mL ( derived )

J = F*1000/I

87.704

Table 4—Sample Calculations for Oil + Dispersant Six Point Calibration

Oil + Dispersant Stock Standard Solution Concentration = 87.7 mg/mL ( Table 3 )

Standard—stock vol. (uL)

Theoretical conc., mg/mL

Area

(340-400 nm)

RF

Avg. RF

Dev. from

avg. RF

Slope

25

0.088

4.126

0.021

0.021

2.931

48.759

50

0.175

8.757

0.020

3.017

100

0.351

16.559

0.021

2.577

150

0.526

25.666

0.021

0.731

200

0.702

34.142

0.021

0.500

250

0.877

43.006

0.020

1.260

Table 5—LCL95 Sample Calculation With Test Oil and Example Dispersant `A'

Rep

Area

(340-400

nm)

Dilution factor

Extract

volume

(ml) *

Conc,

mg/mL.

Mass in

30 mL,

mg

Total oil dispersed,

mg

Efficiency,

%

Average

Std.

dev.

Variance

Coef. of

variation

LCL95

1

32.197

1

25

0.66

16.51

66.03

79.76

81.30

4.46

19.85

5.48

81.30

2

35.470

1

25

0.73

18.19

72.75

87.87

3

30.260

1

25

0.62

15.52

62.06

74.96

4

31.831

1

25

0.65

16.32

65.28

78.85

5

33.355

1

25

0.68

17.10

68.41

82.63

6

33.791

1

25

0.69

17.33

69.30

83.71

* = 25 ml of DCM extract captured oil from 30 ml of aqueous DE test.

2.11 References for Section 2.0

(1) U.S. Environmental Protection Agency (1994), “Swirling Flask Dispersant Effectiveness Test,” Title 40 Code of Federal Regulations, Pt. 300, Appendix C, pp 47458-47461.

(2) Sorial, G.A., A.D. Venosa, K.M, Koran, E. Holder, and D.W. King. 2004. “Oil spill dispersant effectiveness protocol: I. Impact of operational variables.” ASCE J. Env. Eng. 130(10):1073-1084.

(3) Sorial, G.A., A.D. Venosa, K.M, Koran, E. Holder, and D.W. King. 2004. “Oil spill dispersant effectiveness protocol: II. Performance of revised protocol.” ASCE J. Env. Eng. 130(10):1085-1093.

(4) Venosa, A.D., D.W. King, and G.A. Sorial. 2002. “The baffled flask test for dispersant effectiveness: a round robin evaluation of reproducibility and repeatability.” Spill Sci. & Technol. Bulletin 7(5-6):299-308.

(5) Spotte, S., G. Adams, and P.M. Bubucis. 1984. “GP2 medium is an synthetic seawater for culture or maintenance of marine organisms,” Zoo Biol, 3:229-240.

(6) Grubbs, F. 1969. “Sample Criteria for Testing Outlying Observations,” Annals of Mathematical Statistics, pp. 27-58.

3.0 Dispersant Toxicity Testing

3.1 Summary. This laboratory protocol includes testing for: (1) dispersant standard static acute toxicity tests for the mysid shrimp, Americamysis bahia (48-hr duration) and the inland silverside, Menidia beryllina (96-hr duration); (2) dispersant-oil mixture static acute toxicity tests for Americamysis bahia and Menidia beryllina (48-hr and 96-hr duration, respectively); (3) dispersant developmental assay for Strongylocentrotus purpuratus or Arbacia punctulata, (72-hr duration); and (4) dispersant 7-day static subchronic tests with Americamysis bahia and Menidia beryllina (Table 6 of this Appendix).

Table 6—Toxicity Testing Requirements for Dispersants

Test procedure

Test

substance

96-Hr static acute:

Menidia beryllina

48-Hr static acute:

Americamysis

Bahia

72-Hr sea urchin

developmental

assay

7-Day subchronic:

M. beryllina &

A. bahia

Dispersant only

yes

yes

yes

yes .

Dispersant—Reference Oil Mixture

yes

yes

no

no .

3.2 Preparation of Stock Solutions

3.2.1 Dispersant. Prepare a 1000 µL/L primary stock solution prior to test initiation by adding 1.1 mL of dispersant to 1100 mL of dilution water consisting of salinity adjusted uncontaminated natural or artificial seawater, in a glass vessel. Using a laboratory top stirrer equipped with a stainless-steel blade, center the stirrer blade in the mixing vessel one inch off the bottom. Initially mix the resulting stock solution for approximately five seconds at speeds of <10,000 rpm to avoid foaming. Thereafter, set the speed to provide a 70% vortex. Using a glass pipette, remove appropriate aliquots of stock solution from between the mixing vessel wall and edge of the vortex and place directly into the dilution water within an exposure vessel. Suspend mixing of the stock solution after the removal of each aliquot. Base the preparation of exposure solutions on the nominal concentration of the stock solution and follow procedures outlined in sections 3.5 and 3.6 of this Appendix.

3.2.2 Dispersant-Reference Oil(s) Mixtures. Use Strategic Petroleum Reserve Bryan Mound reference oil. To obtain this oil at no charge (except for a minimal shipping fee) see https://www.epa.gov/emergency-response/national-contingency-plan-subpart-j#howto. Assessment of dispersant-reference oil mixture (DOM) toxicity is determined for each reference oil using the aqueous phase of a chemically enhanced-water accommodated fraction (CE-WAF). Fit a glass aspirator bottle (approximately 23 L) equipped with a hose bib at the base with a length of silicon tubing containing a hose clamp. Fill the bottle with 19L of seawater leaving a 20% headspace above the liquid, place on a magnetic stir plate then add and center a stir bar. Add the reference oil at 25 g/L using a silicon tube attached to a glass funnel that reaches just below the water surface. Using this method reduces the production of air bubbles on the oil surface slick. Adjust the stir plate to obtain an oil vortex of 25% of the total volume of the seawater, then add the dispersant to be tested at a ratio of 1:10 dispersant:oil (2.5 g/L). Securely seal the bottle to reduce the loss of volatiles using a silicon stopper and wraps of Parafilm and stir for 18 hours, then allow the solution to settle for 6 hours. Maintain the temperature at 25 °C during stirring and settling. Purge the hose at the base of the bottle of any material followed by removal of the CE-WAF (aqueous phase) into a clean glass container without disturbing the surface oil slick. The CE-WAF should be remixed and 1 to 2 L removed for chemical analysis of total petroleum hydrocarbons (TPH) following the procedures outlined in section 3.4 of this Appendix. The remaining volume will be used for the preparation of exposure solutions following procedures outlined in section 3.3 of this Appendix. To reduce time and cost, mix sufficient amounts of dispersant product-reference oil mixture CE-WAF to allow preparation of exposure solutions for conducting simultaneous acute tests with both Americamysis bahia and Menidia beryllina.

3.3 Preparation of Exposure Concentrations.

3.3.1 Concentration Selection. Preliminary rangefinder tests may be necessary using a series of logarithmic concentrations ( e.g. 0.1, 1, 10, 100 µl dispersant product/L or mg TPH/L) to determine the appropriate exposure concentration range necessary to determine LC 50 values and 95% confidence intervals. For definitive tests, conduct a minimum of five test concentrations using a geometric ratio between 1.5 and 2.0 ( e.g. 2, 4, 8, 16, and 32). Note that when testing only the dispersant product, the highest test concentration must not exceed the dispersant's self-dispersibility limit.

3.3.2 Exposure Concentrations. Exposure solutions are prepared by adding the appropriate amount of stock solution directly to dilution water in each test chamber. Mix each exposure solution using five rotations in one direction followed by five rotations in the opposite direction using a solid glass stir rod.

3.3.3 Reference Toxicants. Separate toxicity tests must be performed with a reference toxicant for each species tested. Conduct additional reference toxicity tests any time a change in the population or source of a test species occurs. Use sodium dodecyl sulfate (SDS), also known as dodecyl sodium sulfate (DSS), and sodium lauryl sulfate (SLS) as the reference toxicant for exposures conducted with Menidia beryllina and Americamysis bahia. Use copper chloride as the reference toxicant for exposures conducted with the sea urchin developmental test. Use reagent grade quality SDS and copper chloride for tests. Information on procedures for conducting reference toxicant tests with these species can be found in the specific EPA methods documents cited in sections 3.5.1, 3.6.1, and 3.7.1 of this Appendix.

3.4 Chemical Analysis of Stock Solutions. Add the 1 L sample of CE-WAF (Section 3.2.2 of this Appendix) solutions directly to amber glass bottles with Teflon®-lined cap. Collect a replicate sample in the event of accidental loss or if reanalysis of the stock solution becomes necessary. Adjust sample to a pH=2 using 50% hydrochloric acid, immediately refrigerate and analyze within 48 hours of collection. Analyze samples for C9-C32 TPH by gas chromatography-flame ionization detection (GC-FID) following EPA SW-846, Method 8015B-DRO (4). Report TPH concentration of stock solutions as milligrams TPH/L and use in the calculation of exposure concentrations for all toxicity tests conducted with CE-WAF.

3.5 Static Acute Tests with M. beryllina and A. bahia

3.5.1 General. Use EPA's Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012) (1) for testing each species separately with dispersant product or a mixture of dispersant product and reference oil (DOM).

3.5.2 Test Solutions. Modify procedures in EPA-821-R-02-012 specifically dealing with the handling and toxicity testing of effluents or receiving water samples as follows: Prepare stock solutions following section 3.2 of this Appendix and exposure concentrations following section 3.3 of this Appendix.

3.5.3 Number of Treatments, Replicates and Organisms. Conduct a minimum of three replicates of at least five exposure treatments plus a minimum of three replicate dilution water controls. Expose ten organisms per replicate treatment.

3.5.4 Exposure Period. Test duration is 48-hr for Americamysis bahia and 96-hr for Menidia beryllina. Mortality must be recorded at each 24-hour period of each test.

3.5.5 Test Acceptability. For each test performed, survival of control animals must be >90% and test results must allow determination of statistically valid LC 50 and 95% confidence interval values except in cases where the LC 50 is >1000 µl/L or is determined to be greater than the limits of water solubility of dispersibility.

3.5.6 Static Acute Test Summary. A summary of required test conditions is provided in Table 7 of this Appendix.

3.6 Sea Urchin Developmental Test with Dispersant Product

3.6.1 General. Use Section 15, “Purple Urchin, Strongylocentrotus purpuratus and Sand Dollar, Dendraster excentricus Larval Development Test Method” of EPA's Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms (EPA/600/R-95-136) (2). Alternatively, the development of the urchin Arbacia punctulata may be tested (see Table 7).

3.6.2 Test Organism. Tests of dispersant products are to follow methods for the purple urchin only. Tests with the sand dollar are not required.

3.6.3 Test Solutions. Modify procedures in EPA/600/R-95-136, Section 15 specifically dealing with the handling and toxicity testing of effluents or receiving water samples as follows: Prepare stock solutions following section 3.2.1 of this Appendix and exposure concentrations following section 3.3 of this Appendix.

3.6.4 Number of Treatments and Replicates. Conduct a minimum of four replicates of five exposure treatments plus a minimum of four replicate dilution water controls.

3.6.5 Exposure Duration and Test Endpoint. Examine the effects of the dispersant product on normal development of sea urchin embryos over a period of 72 hours. An IC 50 (the exposure concentration at which normal development is inhibited in 50% of the embryos) with 95% confidence intervals are to be determined in place of an IC 25. The concentration of dispersant causing inhibition of development in 50% of exposed embryos (IC 50 ) with the lower and upper 95% confidence intervals (LCI 95 and ULCI 95 ) must be calculated at the end of the exposure period. Mortality determinations are not required.

3.6.6 Test Acceptability. Requirements of the assay are: (i) ≥80% normal larval development in the control treatment, (ii) the minimum significant difference (MSD) that can be statically detected relative to the control is ≤25%, iii) test results which support the determination of a statistically valid IC 50 and 95% confidence interval unless the LC 50 is >1000 µl/L or is greater than the limits of water solubility of dispersibility.

3.6.7 Urchin Developmental Test Summary. A summary of required test conditions is provided in Table 7 of this Appendix.

3.7 Seven-day Subchronic Tests with M. beryllina and A. bahia

3.7.1 General. Use Section 13, Method 1006.0, “Inland Silverside ( Menidia beryllina ) Larval Survival and Growth Method,” and Section 14, Method 1007.0, “Mysid ( Mysidopsis [renamed Americamysis ] bahia ) Survival, Growth, and Fecundity Method” of EPA's Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms (EPA-821-R-02-014) (3) for testing of dispersant product.

3.7.2 Test Solutions. Modify procedures in EPA-821-R-02-014, sections 13 and 14 specifically dealing with the handling and toxicity testing of effluents or receiving water samples as follows: Prepare stock solutions following section 3.2.1 of this Appendix and exposure concentrations following section 3.3 of this Appendix. Exposure solutions should be renewed every 24 hours for the duration of the test.

3.7.3 Number of Treatments, Replicates and Organisms. (i) Menidia beryllina: Conduct a minimum of four replicates of at least five exposure treatments plus a minimum of four replicate dilution water controls. Expose ten M. beryllina per replicate treatment. (ii) Americamysis bahia: Conduct a minimum of eight replicates of at least five exposure treatments plus a minimum of eight replicate dilution water controls. Expose five A. bahia per replicate treatment.

3.7.4 Exposure Duration and Test Endpoint. The test duration is seven days for both species. Test endpoints for Menidia beryllina are survival and growth (dry weight) and for Americamysis bahia is survival, growth (dry weight) and fecundity. Calculate an LC 50 and 95% confidence interval for survival and IC 25 and IC 50 with 95% confidence intervals for growth (and fecundity for A. bahia only). Report the lowest observed effect concentration (LOEC) and no observed effect concentration (NOEC) for each endpoint.

3.7.5 Test Acceptability. Requirements of the assay are: (i) ≥80% survival in the control treatment for each species, (ii) dry weights must meet the specific requirements as stipulated in Method 1006.0 for Menidia beryllina and Method 1007.0 for Americamysis bahia.

3.7.6 Subchronic Test Summary. A summary of required test conditions for each species is provided in Table 7 of this Appendix.

3.8 Laboratory Report. The laboratory must include, for each toxicity test report, all applicable information, data and analyses as follows:

3.8.1 Test Objective: protocol title and source, endpoint(s);

3.8.2 Product Information: product name, manufacturer contact information, lot number, production date, date received/chain of custody;

3.8.3 Contract Facility: contact information;

3.8.4 Dilution Water: source, pretreatment, physical and chemical characteristics (pH, salinity);

3.8.5 Test Conditions: date and time of test (start and end), test chambers type and volume, volume of solution per chamber, number of organisms per chamber, number of replicate chambers per treatment, feeding frequency, amount and type of food, test concentrations, test temperature (mean and range), test salinity (mean and range);

3.8.6 Test Organisms: common and scientific name, source contact information, age and date purchased, acclimation conditions ( e.g., temperature, salinity, both mean and range), age at test start;

3.8.7 Reference toxicant: date received, lot number, date of most recent test, results and current Cumulative Sum Chart, dilution water used, physical and chemical methods used;

3.8.8 Quality Assurance: verification of laboratory accreditation, including subcontractor facilities;

3.8.9 Test Results: raw data in tabular and graphical form, daily records of affected organisms in each concentration replicate and controls, table of required endpoints ( i.e., LC 50 with 95% confidence interval (CI), IC 25 and IC 50 with 95% CI, LOEC and NOEC), statistical methods used to calculate endpoints, summary tables of test conditions and QA data;

3.8.10 Analytical Results: method summary including Limit of Detection (LOD)/Limit of Quantitation (LOQ), deviations and reasons if any, sample summary, results including chromatograms and data qualifiers, QA summary including calibration curves, method blank and surrogate recovery, analytical results summary; and

3.8.11 Conclusions: Relationship between test endpoints and threshold limit.

Table 7—Summary of Test Conditions—Dispersant Toxicity

Acute M. beryllina

Acute A. bahia

Subchronic M. beryllina

Subchronic A. bahia

Development

S. purpuratus/A. punctulata

Test type

Static non-renewal

Static non-renewal

Static renewal (daily)

Static renewal (daily)

Static non-renewal.

Test duration

96 hours

48 hours

7 days

7 days

72 ± 2 hours.

Salinity

20 ± 2‰

20 ± 2‰

20 ± 2‰

20 ± 2‰

34 ± 2‰.

Temperature

25 ± 1 °C. Test temperatures must not deviate (maximum minus minimum temperature) by for than 3 °C during the test.

15 ± 1 °C.

Light quality

Ambient laboratory illumination.

Light intensity

10-20 µE/m 2 /s.

Photoperiod

16 h light, 8 h darkness, with phase in/out period recommended.

Test chamber size 1

250 mL

250 mL

600 mL-1 L

400 mL

30 mL.

Test solution volume 1

200 mL

200 mL

500-750 mL

150 mL

10 mL.

Age of test organism 2

9-14 days

1-5 days

7-11 days

7 days

1 hr old fertilized eggs.

No. organisms per test chamber

10

10

10

5

25 embryos per mL.

No. of replicate chambers per concentration

3

3

4

8

4.

Feeding regime

Refer to specific feeding procedures provided in each test method.

None.

Aeration

None, unless DO falls below 4.0 mg/L, then aerate all chambers. Rate: <100 bubbles/minute.

Test concentrations

5 exposure concentrations and a control (minimum required).

Test acceptability (required)

≥90% survival in controls

≥90% survival in controls

For controls: ≥80% survival; average dry weight ≥0.5mg where test starts with 7 day old larvae, or ≥0.43 mg for larvae preserved for ≤7days

For controls: ≥80% survival; average dry weight ≥0.20 mg

≥80% normal shell development in controls.

1 Recommended minimum value.

2 Less than or equal to 24-hr range in age.

3.9 References for Section 3.0

(1) U.S. EPA. 2002. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. Fifth Edition. U.S. Environmental Protection Agency, Washington, DC (EPA-821-R-02-012).

(2) U.S. EPA. 1995. Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms. First Edition. U.S. Environmental Protection Agency, Washington, DC (EPA/600/R-95-136)

(3) U.S. EPA. 2002. Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms. Third Edition. U.S. Environmental Protection Agency, Washington, DC (EPA-821-R-02-014).

(4) U.S. EPA. 2008. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods U.S. Environmental Protection Agency, Washington, DC (SW-846) http://www.epa.gov/osw/hazard/testmethods/sw846/online/index.htm .

4.0 Standard Acute Toxicity Testing of Surface Washing Agents, Bioremediation Agents, Herding Agents, and Solidifiers.

4.1 Summary. This laboratory protocol includes testing for: (1) saltwater standard static acute toxicity tests for test products with the mysid shrimp, Americamysis bahia (48-hr duration) and the inland silverside, Menidia beryllina (96-hr duration); and (2) freshwater standard static acute toxicity tests for test products with the daphnid, Ceriodaphnia dubia (48-hr duration) and the fathead minnow, Pimephales promelas (96-hr duration) (see Table 8 of this Appendix).

Table 8—Toxicity Testing Requirements for Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers

Application environment

Test procedure

96-hr Static acute:

Menidia beryllina

48-hr Static acute:

Americamysis bahia

96-hr Static acute:

Pimephales promelas

48-hr Static acute:

Ceriodaphnia dubia

Saltwater only

yes

yes

no

no.

Freshwater only

no

no

yes

yes.

Freshwater and saltwater use

yes

yes

yes

yes.

4.2 Dilution Water. Use Section 7 of EPA's Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012) [1] for preparation of the appropriate dilution water for each species tested. Use of clean natural or synthetic seawater for tests conducted with saltwater species is acceptable.

4.3 Preparation of Stock Solutions.

4.3.1 Liquid Surface Washing Agents and/or Herding Agents. Prepare a 1000 µL/L stock solution prior to test initiation by adding 1.1 mL of test product to 1100 mL of dilution water in a glass vessel. Place on a magnetic stir plate then add and center a stir bar and adjust the stir plate to obtain a vortex of 25% of the total volume of the liquid. Mix the resulting stock solution for approximately five minutes at room temperature. Using a glass pipette, remove appropriate aliquots of stock solution from between the mixing vessel wall and edge of the vortex and place directly into the dilution water within an exposure vessel. Base the preparation of exposure solutions on the nominal concentration of the stock solution and follow procedures outlined in sections 4.6 and/or 4.7 of this Appendix, as appropriate.

4.3.2 Bioremediation Agents. For products consisting of two or more liquid and/or solid components, prepare the product following the manufacturers recommended procedure and ensure the test product mixture is completely blended. Prepare a 1000 µL/L stock solution prior to test initiation by adding 1.1 mL of the test product mixture to 1100 mL of dilution water in a glass vessel. Place on a magnetic stir plate then add and center a stir bar and adjust the stir plate to obtain a vortex of 25% of the total volume of the liquid. Mix the resulting stock solution for approximately five minutes at room temperature. Using a glass pipette, remove appropriate aliquots of stock solution from between the mixing vessel wall and edge of the vortex and place directly into the dilution water within an exposure vessel. Base the preparation of exposure solutions on the nominal concentration of the stock solution and follow procedures outlined in sections 4.5 and/or 4.6 of this Appendix, as appropriate.

4.3.3 Solid Phase Products. Assessment of the toxicity of solidifiers and other solid phase products are determined using the aqueous phase of water-accommodated fractions (WAFs) of the test product. Fit a glass aspirator bottle (approximately 23L) equipped with a hose bib at the base with a length of silicon tubing containing a hose clamp. Fill the bottle with 19L of dilution water leaving a 20% headspace above the liquid, place on a magnetic stir plate then add and center a stir bar. Add the test product at 25 g/L and securely seal the bottle using a silicon stopper and wraps of parafilm. Adjust the stir plate to obtain a vortex of 25% of the total fluid volume, stir for 18 hours then settle for 6 hours. Maintain the temperature at 25 °C during stirring and settling. Purge the hose at the base of the bottle of any material followed by removal of the WAF (aqueous phase) into a clean glass container without disturbing the product on the surface. The WAF should be remixed and used for the preparation of exposure solutions following procedures outlined in section 4.4 of this Appendix.

4.4 Preparation of Exposure Concentrations.

4.4.1 Concentration Selection. Preliminary rangefinder tests may be necessary using a series of logarithmic concentrations ( e.g. 0.1, 1, 10, 100 µl test product/L) to determine the appropriate exposure concentration range necessary to determine LC 50 values and 95% confidence intervals. For definitive tests, conduct a minimum of five test concentrations using a geometric ratio between 1.5 and 2.0 ( e.g. 2, 4, 8, 16, and 32). Note that when testing the product, the highest test concentration should not exceed the test product's self-dispersibility limit.

4.4.2 Exposure Concentrations. Exposure solutions are prepared by adding the appropriate amount of stock solution directly to dilution water in each test chamber. Mix each exposure solution using five rotations in one direction followed by five rotations in the opposite direction using a solid glass stir rod.

4.4.3 Reference Toxicants. Separate toxicity tests must be performed with a reference toxicant for each species tested. Conduct additional reference toxicity tests any time a change in the culture population or source of a test species occurs. Use reagent grade quality sodium dodecyl sulfate (SDS), also known as dodecyl sodium sulfate (DSS), and sodium lauryl sulfate (SLS) as the reference toxicant. Information on procedures for conducting reference toxicant tests with these species can be found in section 4 of EPA's Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012) (3).

4.5 Saltwater Static Acute Tests with Menidia beryllina and Americamysis bahia

4.5.1 General. Use EPA's Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012) (1) for testing each species separately with the test product.

4.5.2 Test Solutions. Modify procedures in EPA-821-R-02-012 specifically dealing with the handling and toxicity testing of effluents or receiving water samples as follows: Prepare stock solutions following the appropriate sections (4.3.1, 4.3.2, or 4.3.3) of this Appendix and exposure concentrations following section 4.4 of this Appendix.

4.5.3 Number of Treatments, Replicates and Organisms. Conduct a minimum of three replicates of at least five exposure treatments plus a minimum of three replicate dilution water controls. Expose ten organisms per replicate treatment.

4.5.4 Exposure Period. Test duration is 48-hr for A. bahia and 96-hr for M. beryllina. Mortality must be recorded at each 24 hour period of each test.

4.5.5 Test Acceptability. For each test performed, survival of control animals must be >90% and test results must allow determination of statistically valid LC 50 and 95% confidence interval values except in cases where the LC 50 is >1000 µl/L or is determined to be greater than the limits of water solubility or dispersibility.

4.5.6 Static Acute Test Summary. A summary of required test conditions is provided in Table 9 of this Appendix.

4.6 Freshwater Static Acute Tests with Pimephales promelas and Ceriodaphnia dubia

4.6.1 General. Use EPA's Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012) (1) for testing each species separately with the test product.

4.6.2 Test Solutions. Modify procedures in EPA-821-R-02-012 specifically dealing with the handling and toxicity testing of effluents or receiving water samples as follows: Prepare stock solutions following the appropriate sections (4.3.1, 4.3.2, or 4.3.3) of this Appendix and exposure concentrations following section 4.4 of this Appendix.

4.6.3 Number of Treatments, Replicates and Organisms. P. promelas: Conduct a minimum of three replicates of at least five exposure treatments plus a minimum of three replicate dilution water controls. Expose ten organisms per replicate treatment. C. dubia: Conduct a minimum of four replicates of at least five exposure treatments plus a minimum of four replicate dilution water controls. Expose five organisms per replicate treatment.

4.6.4 Exposure Period. Test duration is 48-hr for C. dubia and 96-hr for P. promelas. Mortality must be recorded at each 24 hour period of each test.

4.6.5 Test Acceptability. For each test performed, survival of control animals must be >90% and test results must allow determination of statistically valid LC 50 and 95% confidence interval values except in cases where the LC 50 is >1000 µl/L or is determined to be greater than the limits of water solubility of dispersibility.

4.6.6 Static Acute Test Summary. A summary of required test conditions is provided in Table 9 of this Appendix.

4.7 Laboratory Report. The laboratory must include, for each toxicity test report, all applicable information, data and analyses as follows:

4.7.1 Test Objective: protocol title and source, endpoint(s);

4.7.2 Product Information: product name, manufacturer contact information, lot number, production date, date received/chain of custody;

4.7.3 Contract Facility: contact information;

4.7.4 Dilution Water: source, pretreatment, physical and chemical characteristics (pH, salinity);

4.7.5 Test Conditions: date and time of test (start and end), test chambers type and volume, volume of solution per chamber, number of organisms per chamber, number of replicate chambers per treatment, feeding frequency, amount and type of food, test concentrations, test temperature (mean and range), test salinity (mean and range);

4.7.6 Test Organisms: common and scientific name, source contact information, age and date purchased, acclimation conditions ( e.g., temperature, salinity, both mean and range), age at test start;

4.7.7 Reference toxicant: date received, lot number, date of most recent test, results and current Cumulative Sum Chart, dilution water used, physical and chemical methods used;

4.7.8 Quality Assurance: verification of laboratory accreditation, including subcontractor facilities;

4.7.9 Test Results: raw data in tabular and graphical form, daily records of affected organisms in each concentration replicate and controls, table of required endpoints ( i.e., LC 50 , 95% CI, inhibited concentration for 50% of the species (IC 50 ), lower observed effect concentration (LOEC) and no observed effect concentration (NOEC)), statistical methods used to calculate endpoints, summary tables of test conditions and QA data; and

4.7.10 Conclusions: Relationship between test endpoints and threshold limit.

Table 9—Summary of Test Conditions—Surface Washing Agents, Herding Agents, Bioremediation Agents and Solidifiers Toxicity

Saltwater acute

M. beryllina

Saltwater acute A. bahia

Freshwater acute

P. promelas

Freshwater acute C. dubia

Test type

Static non-renewal

Static non-renewal

Static non-renewal

Static non-renewal.

Test duration

96 hours

48 hours

96 hours

48 hours.

Salinity

20 ± 2‰

20 ± 2‰

NA

NA.

Temperature

25 ± 1 °C. Test temperatures must not deviate (maximum minus minimum temperature) by more than 3 °C during the test.

Light quality

Ambient laboratory illumination.

Light intensity

10-20 µE/m 2 /s.

Photoperiod

16 h light, 8 h darkness, with phase in/out period recommended.

Test chamber size 1

250 mL

250 mL

250 mL

30 mL.

Test solution volume 1

200 mL

200 mL

200 mL

15 mL.

Age of test organism 2

9-14 days

1-5 days

1-14 days

<24 hours.

No. organisms per test chamber

10

10

10

5.

No. of replicate chambers per concentration (minimum)

3

3

3

4.

Feeding regime

Refer to specific feeding procedures provided in each test method.

Aeration

None, unless DO falls below 4.0 mg/L, then aerate all chambers. Rate: <100 bubbles/minute.

Test concentrations

5 exposure concentrations and a control (minimum required).

Test acceptability (required)

≥90% survival in controls.

1 Recommended minimum value.

2 Less than or equal to 24-hr range in age.

4.8 References for Section 4

(1) U.S. EPA. 2002. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. Fifth Edition. U.S. Environmental Protection Agency, Washington, DC (EPA-821-R-02-012).

5.0 Bioremediation Agent Efficacy Test Protocol

5.1 Summary. This protocol quantifies changes in weathered Alaska North Slope (ANS) crude oil composition of alkanes and aromatics resulting from the use of a bioremediation agent in either artificial seawater or freshwater. The manufacturer may test either one or both freshwater or saltwater, depending on the product's intended use. Biodegradation of the alkanes and aromatics is monitored for 28 days at 20-23 °C. Product flasks at Day 28 are compared to Day 0 flasks to determine reductions in alkanes and aromatics. A positive control of a known oil-degrading bacterial consortium supplied by EPA is tested. A negative, sterile control is also set up containing exposure water, weathered crude oil, product, and a sterilant, sodium azide. The purpose of the negative, killed control is to make sure the disappearance of the oil constituents at day 28 is due to biodegradation and not some physical loss such as volatilization. The day 28 GC/MS results from the killed control must not be less than 90% of the day 0 results. The sample preparation procedure extracts the oil phase into the solvent dichloromethane (DCM) (also known as methylene chloride) with a subsequent solvent exchange into hexane. The hexane extracts are analyzed by a high-resolution gas chromatograph/mass spectrometer (GC/MS) operated in the selected ion monitoring mode (SIM) at a scan rate of >5 scans per second.

Note to 5.1: Alaska North Slope (ANS) crude oil is artificially weathered by distillation at 521 °F (272 °C) to remove the low molecular weight hydrocarbons to approximate natural weathering processes that occur after a spill.

5.2 Apparatus. All equipment must be maintained and calibrated per standard laboratory procedures.

5.2.1 Assorted flasks and other glassware;

5.2.2 Graduated cylinders (100 mL);

5.2.3 Deionized water;

5.2.4 250 mL borosilicate glass Erlenmeyer flasks;

5.2.5 250 mL separatory funnels with stopcocks

5.2.6 Pasteur pipettes;

5.2.7 Multichannel pipettor (5-50 mL and 50-200 mL);

5.2.8 Autoclave; environmental room or incubator;

5.2.9 Balance accurate to 0.1 mg;

5.2.10 Orbital shaker table with clamps sized to hold flasks securely;

5.2.11 GC/MS instrument equipped with a DB-5 capillary column (30 m, 0.25 mm ID, and 0.25 mm film thickness) or equivalent, and a split/splitless injection port operating in the splitless mode, such as an Agilent 6890 GC/5973 MS (or equivalent) equipped with an auto-sampler for testing multiple samples; and

5.2.12 Fixed Rotor Centrifuge.

5.3 Reagents and consortium medium.

5.3.1 Stock Seawater Preparation. Prepare the artificial seawater GP2 (modified from Spotte et al., 1984) following the procedures in section 2.3 of this Appendix, to obtain the final concentration of the salts listed in Table 1 of this Appendix, except for the sodium bicarbonate (NaHCO 3 ) which is prepared separately. Autoclave the artificial seawater. Filter sterilize the concentrated solution of sodium bicarbonate through a 0.45 µm membrane filter and add to the autoclaved and cooled artificial seawater GP2 to obtain the final concentration listed in Table 1 of this Appendix.

5.3.2 Seawater for the positive control flasks. Prepare sodium triphosphate (a.k.a., sodium tripolyphosphate) (Na 5 P 3 O 10 ), potassium nitrate (KNO 3 ), and ferric chloride hexahydrate (FeCl 3 · 6H 2 O) as a concentrated solution. Filter sterilize through a 0.45 µm membrane filter and add to autoclaved artificial seawater to obtain the final nutrient concentrations listed in Table 10 of this Appendix. Calibrate the pH meter at room temperature (approximately 20-23 °C) using commercial buffers of pH 4.0, 7.0, and 10.0, as appropriate, prior to use. Adjust the pH of the artificial seawater with concentrated hydrochloric acid (HCl) or 10 normality sodium hydroxide (10 N NaOH), as appropriate.

Table 10—Artificial Seawater Nutrient Concentrations

Constituent

Final

concentration,

g/L

* FeCl 3 · 6H 2 O

0.050

KNO 3

2.890

* Na 5 P 3 O 10

0.297

* Added aseptically after the GP2 has been autoclaved to limit phosphorus and iron precipitation.

5.3.3 Seawater for bioremediation agents that do not include nutrients. If a bioremediation agent contains living microorganisms but not nutrients (or limiting concentrations of nutrients), then nutrients may be added by the manufacturer. However, the total concentration of the nutrients added to the bioremediation agent must not exceed the final concentrations listed in Table 11 of this Appendix.

Table 11—Artificial Seawater Nutrient Concentrations for BioRemediation Agents Having No Nutrients Included

Constituent

Final

concentration,

g/L

as Iron (Fe)

0.010

as Nitrogen (N)

0.400

as Phosphorus (P)

0.075

If nutrients are supplied by the product manufacturer, the specific composition and concentration used in the efficacy testing must be submitted.

5.3.4 Freshwater Preparation. The artificial freshwater, which is a modification of Bushnell-Haas medium (Haines et al., 2005), is prepared following the concentrations listed in Table 12 of this Appendix and then autoclaved. The pH is adjusted to 7.4 before autoclaving. Constituents removed from the original formulation are KNO 3 , K 2 HPO4 and KH 2 PO 4 .

Table 12—Constituent Concentrations for Artificial Freshwater

[Bushnell-Haas]

Constituent

Final

concentration

(mg/L)

MgSO 4 · 7H 2 O

200

CaCl 2 · 2H 2 O

20

FeCl 3 · 6H 2 O

50

MnSO 4 × H 2 O

0.0302

H 3 BO 3

0.0572

ZnSO 4 × 7H 2 O

0.0428

(NH 4 ) 6 Mo 7 O 2

0.0347

5.3.5 Freshwater for the positive control. To prepare the freshwater for the positive controls, prepare the nutrients potassium phosphate monobasic (KH2PO4), potassium phosphate dibasic (K2HPO4) and potassium nitrate (KNO3) as a concentrated solution. Filter sterilize and add to autoclaved artificial freshwater to obtain the final concentrations given in Table 13 of this Appendix. Calibrate the pH meter at room temperature (approximately 20-23 °C) using commercial buffers of pH 4.0, 7.0, and 10.0, as appropriate, prior to use. Adjust the pH of the artificial freshwater to 7.4 with 1 N HCl or 1 N NaOH, as appropriate.

Table 13—Freshwater Nutrient Concentrations

Constituent

Final

concentration

(g/L) 1

KNO 3

2.89

KH 2 PO 4

1.00

K 2 HPO 4

1.00

1 Adjust pH to 7.4 prior to autoclaving.

5.3.6 Freshwater for bioremediation agents that contain living microorganisms but not nutrients or limiting concentrations of nutrients. If a bioremediation agent does not include nutrients, then nutrients may be added. However, the total concentration of the nutrients added to the bioremediation agent must not exceed the final concentrations provided in Table 14 of this Appendix.

Table 14—Artificial Freshwater Nutrient Concentrations for Bioremediation Agents Having No Nutrients Included

Constituent

Final

concentration,

g/L 1

as Iron (Fe)

not added since iron is already in the freshwater solution.

as Nitrogen (N)

0.400.

as Phosphorus (P)

0.400.

1 Adjust to pH 7.4 prior to autoclaving.

If nutrients are supplied by the product vendor, the specific composition and concentration used in the efficacy testing must be submitted.

5.3.7 Oil Preparation. The test oil, weathered ANS521 crude oil, can be obtained from EPA at no charge (except for a minimal shipping fee). See https://www.epa.gov/emergency-response/national-contingency-plan-subpart-j#howto for more information.

5.3.8 Sodium azide sterilant. Prepare a stock solution of NaN 3 for addition to the negative killed control. The final concentration in the killed controls will be 0.5 g/L.

5.4 Experimental Setup and Procedure

5.4.1 Autoclave clean borosilicate glass Erlenmeyer flasks (250 mL) for 20 minutes at 121 °C at 15 psig.

5.4.2 Label flasks with the appropriate code (negative control, positive control, or product; day to be sampled (0 or 28); letter indicating replicate number) to reflect the following treatment design in Table 15 of this Appendix:

Table 15—Bioremediation Efficacy Test—Summary of Experimental Setup

Treatment

Number of

replicates at

sampling times

Analysis

Day 0

Day 28

Negative (killed) Control (oil + exposure water + product + EPA consortium + NaN 3 sterilant)

0

3

GC/MS

* Positive control (oil + exposure water + nutrients + EPA consortium)

6

6

GC/MS

Test Type 1: Product containing living microorganisms (oil + exposure water + living product + supplemented nutrients (if necessary))

6

6

GC/MS

Test Type 2: Product containing proprietary nutrients but no live microorganisms (oil + exposure water + product + EPA consortium)

6

6

GC/MS

Test Type 3: Product (such as an enzyme) containing no live microorganisms and no nutrients (oil + exposure water + product)

6

6

GC/MS

* The laboratory must report positive control test results conducted within the year of any test results for bioremediation products, for one or both types of water as applicable.

5.4.3 Aseptically dispense 100 mL of pre-sterilized artificial exposure water (seawater or freshwater) into each sterile flask. For the positive control flasks, use exposure water containing nutrients.

5.4.4 Tare the labeled flasks containing exposure water and other additions, as necessary, on the balance with a minimum accuracy of 0.01 g. Add drop-wise 0.50 g oil (this results in a final oil concentration of 5 g/L) using a sterile Pasteur pipette to the center of the flask taking care to avoid splashing the oil onto the sides of the flasks. Record the precise weight. ANS521 may be previously warmed in a hot water bath at 60 °C for 40-60 minutes to facilitate its flow. Take precautions when handling and charging the flasks to minimize the likelihood of contamination by exogenous microbes, including using a new sterile pipette for each series of flasks.

5.4.5 Preparation of the EPA consortium for both the positive control flasks and the flasks containing non-living bio-stimulation products. Use the supplied vials containing approximately 5 mL of the known EPA consortium frozen in glycerol. Thaw the supplied vials at room temperature ( do not allow cultures preserved in glycerol to sit at room temperature past thawing ), transfer the contents of the thawed vials to a single sterile centrifuge tube, rinse tubes with two volumes each of sterile exposure water, centrifuge at between 6,000- and 7,000-times gravity (6,000-7,000 × g ) for 15 minutes using a fixed rotor to fully pellet the cells. Carefully resuspend the cell pellet in sterile exposure water using the appropriate volume to achieve the desired seeding density, which will be provided by EPA upon shipment of the consortium.

5.4.6 Positive control flasks contain exposure water, oil, nutrients, and the EPA consortium.

5.4.7 Negative killed control flasks for all products shall contain exposure water, oil, product, the EPA consortium for products not containing a living culture, and the sodium azide sterilant at a final concentration of 0.5 g/L. Add the sodium azide sterilant prior to adding any product or EPA consortium. For the negative killed control flasks and product flasks, prepare and add the product to the flasks in a concentration specified by the manufacturer or vendor.

5.4.8 For non-living products that contain nutrient only, use the EPA consortium as the inoculum.

5.4.9 For other non-living products ( e.g., enzymes), do not add nutrients or the EPA consortium as the inoculum as they are not needed.

5.4.10 For products containing living microorganisms, prepare 6 flasks the same way as in Steps a-d, but without the EPA consortium. A product that contains its own nutrients must not be amended with nutrients, unless the product contains insufficient nutrients. Since this is a closed flask test, nutrients could be limiting if they are at the same concentration as used in the field. This could cause the product to fail the test. Thus, the manufacturer has the option to supplement its product with a higher concentration of nutrients than that contained in the product. Any nutrient supplements to a product must be reported and must not exceed the concentration limits in Table 10 (for seawater) and 13 (for freshwater) of this Appendix, as applicable.

5.4.11 Cap all flasks either with sterile cotton stoppers or loosely applied aluminum foil to allow gas exchange with the atmosphere. Set aside the T = 0 flasks for immediate extraction and analysis. Place the rest of the flasks onto the orbital shaker table. Do not tip the flasks excessively to avoid stranding oil above the mixing area of the flask. Set the orbital shaker to 200 rpm and shake the flasks for 28 days at 20-23 °C in the dark.

5.4.12 Submit all information on added microorganisms and nutrients for testing in the data report.

5.5 Sampling and Chemical Analysis.

5.5.1 Summary. At each sampling event (Days 0 and 28), product and control flasks are sacrificed for analysis of residual oil concentrations (SOP 4 of this Appendix). Record all physical observations for each flask (such as degree of emulsification, whether the oil has congealed into tar balls, wall growth, color, etc.) at each sampling. The analytical procedure is summarized in Table 16 of this Appendix. Dichloromethane (DCM) is the solvent used for the initial extraction. Solvent-exchange the extract into hexane prior to injection into the gas chromatograph. The solvent exchange is done to prevent asphaltenes from contaminating the column.

Table 16—Bioremediation Efficacy—Summary of Analytical Procedures

Matrix

Measurement

Sampling/

measurement method

Analysis

method

Sample container/quantity of sample

Preservation/

storage

( °C)

Holding

times

(months)

DCM

N/A

Solvent Exchange to Hexane

N/A

Capped Vial with Teflon septa, 30 mL

4

6

Hexane

Hydrocarbon Concentration

SOP 4

GC/MS

Capped Vial with Teflon septa, 10 mL

4

6

5.5.2 Hydrocarbon Extraction. To measure extraction efficiency, 200 µL of the 400 mg/L surrogate recovery standard (compounds and concentrations described in SOP 1 in this Appendix) is added to each flask. Add 50 mL DCM to each flask. Transfer the contents to a 250 mL separatory funnel and shake for 2 minutes; allow the phases to separate for 2 minutes. If an emulsion remains after 2 minutes, centrifuge the emulsion in Teflon® centrifuge tubes for at least ten minutes in a low-speed centrifuge at 3,000 times gravity (3,000 × g ) to break the emulsion and recover the DCM phase. Pass the DCM extract through a funnel plugged with glass wool and containing approximately 20 g anhydrous, granular sodium sulfate (Na 2 SO 4 ) to remove water. Repeat the steps above two more times with 25 mL DCM each (100 mL DCM used in total). Add 10 mL DCM on to the sodium sulfate after the third extraction to rinse off any oil residue. Collect the extract in 125 mL serum vials, capped with Teflon lined septa and aluminum crimp seals, and store at 4 °C for up to 6 months.

5.5.3 Solvent Exchange. Perform a solvent exchange (DCM to hexane) prior to GC/MS analysis to prevent injection of asphaltenes into the GC/MS column. Transfer the DCM extract to concentration tubes. Place the tubes in a 29 °C water bath under a stream of dry nitrogen gas. Reduce the sample to 1 mL and transfer the extract to a 10 mL volumetric flask. Rinse the concentration tube with hexane and add it to the volumetric flask 2 times. Adjust the final volume with hexane to 10 mL.

5.5.4 Hydrocarbon Analysis. Quantify the concentrations of 25 alkanes, 32 aromatics and hopane (SOP 4, Table SOP 4.4 of this Appendix) using an Agilent 6890 GC/5973 MS or equivalent equipped with a 30-m × 0.25-mm ID × 0.25-µm film thickness DB-5 or equivalent fused silica column. To prepare the samples, transfer 1.0 mL of the hexane extract into a 2 mL autosampler vial with Teflon lined cap. Add 20 µL of internal standard solution to each vial with a syringe or positive displacement pipettor. SOP 2 of this Appendix outlines the procedure for preparing the internal standard solution. Load vials onto the autosampler tray and analyze in selected ion monitoring mode (SIM). Sum the individual alkane concentrations for the total alkane concentration and the individual aromatic concentrations for total aromatic concentrations in each flask.

5.6 Quality Assurance/Quality Control (QA/QC).

5.6.1 Objectives. The critical variables to be analyzed for each set of experimental conditions are the individual petroleum hydrocarbons, i.e., the alkanes ranging in carbon number from nC-14 to nC-35, plus pristane and phytane, and the 2- to 4-ring polycyclic aromatic hydrocarbons (PAHs) and their alkylated homologs as listed in SOP 4 of this Appendix. The quality assurance objectives for precision, accuracy, and detection limits are ±20%, 75-125% recovery, and 22.5 µg/L on average for the 58 compounds, respectively. For more details, refer to the SOPs of this Appendix.

5.6.2 Precision Objectives. Precision is presented as relative percent difference (RPD) for duplicate measurements and as relative standard deviation (RSD, or coefficient of variance) for triplicate measurements, applicable to replication of treatments as separate samples.

5.6.3 Accuracy Objectives. These are based on the check standards and standard oil samples run concurrently with the sample analyses for GC/MS analysis of critical compounds. Critical compounds in the check standards and in the oil standards must fall within 75-125% of expected values for the analysis to be valid. Six surrogate compounds (SOP 1 of this Appendix) added to each sample before extraction can also serve as a surrogate for determining accuracy. The measured surrogate concentrations must fall within 75-125% of expected values.

5.6.4 Calibration Range. Conduct all measurements within the linear calibration range of the instrument. The calibrated concentration range for GC/MS analysis is 0.1 mg/L to 30 mg/L. If the measured concentration of any critical compound is above the calibration range, dilute the sample and re-analyze to quantify that particular compound within the linear calibration range.

5.6.5 Quality Control. Table 17 of this Appendix summarizes the QC checks for each measurement. See the corresponding SOP in this Appendix for detailed descriptions of QC checks, frequency, acceptance criteria, and corrective actions.

Table 17—QA/QC Checks

Sample

matrix

Measurement

QA/QC check

Frequency

Acceptance criteria

Corrective action

DCM

GC/MS hydrocarbon analysis

Blanks

Once per calibrated run

Peak area of interfering peaks <10% of lowest standard peak area

Flush with solvent, clean injection port, and/or bake column.

DCM

GC/MS hydrocarbon analysis

DFTPP Check Standard

Once per calibrated run

Must pass all DFTPP criteria

If any criteria fail, retune and rerun DFTPP check standard.

DCM

GC/MS hydrocarbon analysis

Initial Calibration Samples

Once per calibrated run

Response Factor RSD ≤25% or R2 >0.99

If RSD for any one compound >25%, recalibrate.

DCM

GC/MS hydrocarbon analysis

Calibration Check Standards

Every 10-15 samples

±25% of expected values

If >5 compounds are out of range, recalibrate and rerun samples.

Hexane

GC/MS hydrocarbon analysis

Surrogates

Every Sample

±30% of expected values

Re-inject.

Hexane

GC/MS hydrocarbon analysis

Biomarker Concentration

Every Sample

±25% of average values

Re-inject.

5.7 Pass/Fail Criteria.

5.7.1 Calculate the mean and standard deviation of the hopane-normalized total aromatics (sum of all resolved aromatics) and hopane-normalized total alkane concentrations (sum of all resolved alkanes) from the 6 independent replicates at days 0 and 28. To normalize, divide the sum of the alkane analytes and the sum of the aromatic analytes in each replicate by the hopane concentration in the corresponding replicate.

5.7.2 From those data, calculate the 95% Upper Confidence Level (UCL95) at days 0 and 28 using the following formula (Equation 11 of this Appendix):

where:

x

t (0 and 28) = total hopane-normalized alkane or total hopane-normalized aromatic mean of 6 replicates at days 0 and 28,

t 95, 5 df = the 95% one-tailed t-value with 5 degrees of freedom (2.015),

s = the standard deviation of the 6 replicates at day 0 and 28, and

n = no. of replicates = 6.

5.7.3 Using Equation 12 of this Appendix, calculate the % reduction of each oil fraction from day 0 to day 28, using the day 0 and 28 UCL 95 hopane-normalized values for each fraction:

where:

t 28( UCL 95) = UCL 95 of the hopane-normalized total alkane or total aromatic mean of 6 replicates on day 28, and

t 0( UCL95) = UCL 95 of the hopane-normalized total alkane or total aromatic mean of 6 replicates on day 0.

5.7.4 A product is successful in saltwater or freshwater if the % reduction of total alkanes (aliphatic fraction) from the GC/MS analysis is greater than or equal to 85% and the % reduction of total aromatics (aromatic fraction) is greater than or equal to 35% at day 28 based on the UCL 95 (Equation 12 of this Appendix). The benchmark reduction ranges in aliphatic and aromatic fractions for the positive control are the same as for the products specified above. The average concentration of the biomarker hopane at day 28 must not differ from the average concentration at day 0 by more than 12% in the positive control. If the conditions for the positive control are not met, the entire procedure must be repeated.

5.8 Data Verification and Reporting. GC/MS data files are generated by MS ChemStation software (the Agilent standard software for GC/MS) or equivalent for each injection. Data files contain summed ion chromatograms and selected ion chromatograms. Calibration curves are generated within MS ChemStation software, and all data files are calculated against the calibration curve by MS ChemStation. Data verification would be done by crosschecking between analysts for 10% of the raw data and its reduction process.

5.9 Laboratory Report. The summary of findings from a product test must include the data listings for each analyte that was analyzed ( i.e., all individual alkanes and aromatics in the list of required analytes), along with QA/QC checks (see Table 17) and instrument detection/reporting limits for each analyte. Express all concentrations as mg analyte/L exposure water.

5.10 Standard Operating Procedures (SOPs) 1-4

5.10.1 SOP 1. Preparation of Surrogate Recovery Standards

5.10.1.1 Preparation:

5.10.1.1.1 Solvents: Dichloromethane (DCM), Optima grade or equivalent.

5.10.1.1.2 Reagents:

D36-Heptadecane (C17)

D50-Tetracosane (C24)

D66-Dotriacontane (C32)

D10-1-Methylnaphthalene

D10-Phenanthrene

D10-Pyrene

5-beta-cholestane (coprostane)

Note: Deuterated reagents are available from Cambridge Isotope Laboratories, Andover, MA.

5.10.1.1.3 Equipment:

Micro-spatula

Small beakers

Glass funnel

Analytical balance (0.0001g)

Vials with Teflon-lined caps

Teflon wash bottle with Optima grade DCM

Volumetric flask (250 mL), class A

Pasteur pipettes

5.10.1.2 Procedure:

5.10.1.2.1 Using a calibrated analytical balance, weigh 100 mg (0.100 g) of each reagent into separate 10-25 mL beakers.

5.10.1.2.2 Dissolve the reagents in their beakers by adding 10 mL DCM. Use a Pasteur pipette to transfer the solutions to a single 250 mL volumetric flask.

5.10.1.2.3 Wash the beakers 3 or 4 times with DCM. Use a Pasteur pipette to transfer each of the washings to the 250 mL volumetric flask.

5.10.1.2.4 Dilute the solution to the 250 mL volume mark on the volumetric flask with DCM.

5.10.1.2.5 Use a glass stopper to seal the flask and homogenize the solution by inverting the flask 5 or more times. The final concentration of this solution is 400 mg/L for each of the reagents.

5.10.1.2.6 Transfer the solution into 40 mL storage vials and cap with Teflon-lined caps and label each with the date of preparation, operator, sample names, and concentrations.

5.10.1.2.7 Weigh each vial and record its weight on the label. This weight is used to monitor possible evaporation during storage.

5.10.1.2.8 Store these vials at 0 °C or lower.

5.10.1.2.9 Before using, allow the solution to come to room temperature, and then shake it well.

5.10.1.2.10 Weigh the vial before using it and compare the weight with the last weight recorded on the vial.

5.10.1.2.11 If the weights are consistent, the integrity of the solution can be assumed. If not, investigate and resolve the cause. Prepare a new solution if the integrity has been compromised.

5.10.1.3 Quality Control: Inject 20 µL of the surrogate stock solution into 1 mL DCM. Add 20 µL of the internal standard solution (SOP 2 of this Appendix). Analyze this solution by GC/MS using a calibrated method (SOPs 3 and 4 of this Appendix). The expected concentration of each of the corresponding surrogate compounds is 8 ± 2 mg/L. If the measured value does not fall within this range, prepare and measure another independent surrogate solution. If the measured concentration of the second surrogate solution is within the allowable tolerance range, the calibration and instrument conditions are acceptable; properly discard the first surrogate solution. If the concentration of the second surrogate solution is also out of range, then clean and recalibrate the instrument until the problem is resolved.

5.10.2 SOP 2. Preparation of Internal Standard Solution

5.10.2.1 Preparation:

5.10.2.1.1 Solvents: Dichloromethane (DCM), Optima grade or equivalent

5.10.2.1.2 Reagents:

D34 n-Hexadecane (C16)

D42 n-Eicosane (C20)

D62 n-Triacontane (C30)

D8-Naphthalene

D10-Anthracene

D12-Chrysene

5-alpha-Androstane

Note: Deuterated reagents are available from Cambridge Isotope Laboratories, Andover, MA.

5.10.2.1.3 Equipment:

Micro-spatula

Small beakers

Glass funnel

Analytical balance (0.0001g), calibrated and checked for accuracy

Amber vials with Teflon-lined caps, labeled

Teflon wash bottle with DCM

Volumetric flask (200 mL), class A

Pasteur pipettes

5.10.2.2 Procedure:

5.10.2.2.1 Using a calibrated analytical balance, weigh 100 mg (0.100 g) of each of the reagents into separate small beakers.

5.10.2.2.2 Dissolve the reagents in their beakers by adding 10 mL DCM; using a Pasteur pipette, transfer the solutions to a single 200 mL volumetric flask.

5.10.2.2.3 Wash the beakers 3 or 4 times with DCM; use a Pasteur pipette to transfer each of the washings to the 200 mL volume mark on the volumetric flask.

5.10.2.2.4 Dilute the solution with DCM to the 200 mL volume.

5.10.2.2.5 Seal the flask with a glass stopper and homogenize the solution by inverting the flask a minimum of 5 times. The final concentration of this solution is 500 mg/L of each reagent.

5.10.2.2.6 Transfer the solution into 40 mL storage vials and cap with Teflon-lined caps. Label each vial with the date of preparation, operator, sample names, and concentrations.

5.10.2.2.7 Weigh each vial, and record its weight on the label. This weight is used to monitor possible evaporation during storage.

5.10.2.2.8 Store this solution at 0 °C or lower.

5.10.2.2.9 Before using, allow the solution to come to room temperature, and then shake it well.

5.10.2.2.10 Weigh the vial before using it, and compare the weight with the last weight recorded on the vial.

5.10.2.2.11 If the weights are consistent, the integrity of the solution can be assumed. If not, investigate and resolve the cause. Prepare a new solution if the integrity has been compromised.

5.10.2.3 Quality Control: Inject 20 µL of the internal standard solution into 1 mL DCM. Analyze this solution by GC/MS. The only peaks corresponding to the internal standards must appear. If other peaks appear, particularly close to the internal standard peaks, discard the internal standard solution and prepare a new solution.

5.10.3 SOP 3. Preparation of Working Standards, Check Standards, and Oil Standards for GC/MS Consistency.

5.10.3.1 Preparation:

5.10.3.1.1 Solvent: Dichloromethane (DCM), Optima grade or equivalent

5.10.3.1.2 Stock solutions:

5.10.3.1.2.1 Oil analysis standard: 44 compounds, 100 mg/L in hexane/DCM (9:1), four, 1-mL vials required. Available from Absolute Standards, Inc., Hamden, CT, Part #90311.

5.10.3.1.2.2 Nine compound PAH standard: 1,000 mg/L in DCM, one vial. Available from Absolute Standards, Inc., Hamden, CT, Part #90822.

5.10.3.1.2.3 1,2-Benzodiphenylene sulfide, (synonym for naphthobenzothiophene). Prepare a 2 mg/mL stock solution. Available from Sigma-Aldrich Co., Part # 255122, purity 99%.

5.10.3.1.2.4 Hopane solution (17 α (H), 21β (H), 0.1 mg/mL in isooctane. Available from Sigma-Aldrich Co. Part #90656.

5.10.3.1.2.5 Surrogate solution: 400 mg/L of each reagent in DCM (see SOP 1 of this Appendix).

5.10.3.1.2.6 Internal standard solution, 500 mg/L in DCM (see SOP 2 of this Appendix).

5.10.3.1.3 Alaska North Slope Crude Oil 521 (ANS521).

5.10.3.1.4 Equipment:

5.10.3.1.4.1 Glass storage vials with Teflon-lined caps (2 mL and 40 mL capacity);

5.10.3.1.4.2 Volumetric flasks, Class A, 5 mL, 10 mL, and 100 mL

5.10.3.1.4.3 Glass syringes capable of dispensing 25-500 µL with an accuracy and precision of ± 1%, or equivalent

5.10.3.1.4.4 Wheaton repetitive dispenser, Model 411 STEP-PETTE or equivalent

5.10.3.1.4.5 Teflon wash bottle filled with Optima grade DCM or equivalent grade DCM

5.10.3.1.4.6 Pasteur pipettes

The volumes of stock solutions required to make the working standards are listed in Table SOP 3.1 of this Appendix.

Table SOP 3.1—Amount of Stock Solutions Required To Make the Working Standards

Stock standards

A

B

C

D

E

F

Working standards concentration, mg/L

Oil

analysis mix

(44 compounds,

100 mg/L)

µL

Aromatics

mix

(9 compounds,

1,000 mg/L)

µL

1,2-Benzo-

diphenylene

sulfide

(NBT)

(2 mg/mL)

µL

Surrogate

solution

(100 mg/L)

µL

Hopane

solution

(100 mg/L)

µL

Volumetric flask volume

mL

ISTD

(500 mg/L)

µL

STD 30 (no hopane)

1,500

150

75

375

0

5

100

STD 20 (5 mg/L hopane)

1,000

100

50

250

250

5

100

STD 10 (2.5 mg/L hopane)

500

50

25

125

125

5

100

STD 5 * (1 mg/L hopane)

500

50

25

125

100

10

200

STD 5-Utility (1 mg/L hopane)

500

50

25

125

100

10 (used for preparation of STD 2.5 & STD 1)

0

STD 2.5 (0.5 mg/L hopane)

Use 5 mL of STD 5-Utility and dilute to 10 mL.

200

STD 1 (0.2 mg/L hopane)

Use 2 mL of STD 5-Utility and dilute to 10 mL.

200

STD 0.1 (0.2 mg/L hopane)

Use 0.2 mL of STD 5-Utility and dilute to 10 mL.

200

* Make extra STD 5 for use as check standard.

5.10.3.2 Procedure for Working Standards and Check Standards:

5.10.3.2.1 Label three 5 mL volumetric flasks as STD30, STD20, STD10, and two 10 mL volumetric flasks as STD5, and STD5-utility.

5.10.3.2.2 Add 1-2 mL of DCM to each volumetric flask.

5.10.3.2.3 Using glass syringes, add the appropriate volume of stock solution A (as listed in Table SOP 3.1 of this Appendix) to the flasks labeled STD30, STD20, STD10, STD5, and STD5-utility.

5.10.3.2.4 Wash the walls of the inner neck of the flasks with several drops of DCM to rinse off the residue of the stock solution into the flasks.

5.10.3.2.5 Repeat Step 3 and Step 4 to dispense stock solutions B-E (do not add stock solution F, internal standard solution, at this step).

5.10.3.2.6 Dilute to volume with DCM for all the above flasks, seal with glass stoppers, and invert several times to homogenize the solutions.

5.10.3.2.7 Label three additional 10 mL volumetric flasks as STD2.5, STD1, and STD0.1. Wet with 1-2 mL DCM.

5.10.3.2.8 Dispense 5 mL of STD5-utility solution into flask STD2.5, 2 mL of STD5-utility solution into flask STD1, and 0.2 mL of STD5-utility solution into flask STD0.1.

5.10.3.2.9 Dilute to volume with DCM, seal with glass stoppers, and invert several times to homogenize the solutions.

5.10.3.2.10 Using a 100 µL glass syringe, dispense 100 µL of internal standard solution into flasks STD30, STD20, and STD10. Dispense 200 µL into flasks STD5, STD2.5, STD1, and STD0.1 to give a final concentration of 10 mg/L internal standard.

5.10.3.2.11 Seal with glass stoppers, and invert the flasks several times to homogenize the solutions.

5.10.3.2.12 Transfer the solutions into 2 mL storage vials, and cap with Teflon-lined caps.

5.10.3.1.13 Label each vial with date of preparation, analyst, sample names, and concentrations.

5.10.3.2.14 Weigh each storage vial and record its weight on the label. This weight is used to monitor possible evaporation during storage.

5.10.3.2.15 Store this solution at 0 °C or below.

5.10.3.2.16 Before using, allow the solution to come to room temperature, and shake it well.

5.10.3.2.17 Weigh the vial before opening, and compare the weight with the last weight recorded on the vial. If the weights are consistent, the integrity of the solution can be assumed. If not, investigate and resolve the cause. Do not use the solution if the integrity has been compromised.

5.10.3.3 Procedure for Oil Standard. In a 100 mL volumetric flask, weigh 0.500 g of the standard ANS521 crude oil, add 2 mL of surrogate solution (see SOP 1 of this Appendix), and bring to volume with DCM. Add 2 mL of internal standard solution (see SOP 2 of this Appendix). Follow steps 5.10.3.2.11 through 5.10.3.2.17 of this SOP, substituting 40 mL storage vials for the 2 mL vials.

5.10.3.4 Quality Control/Quality Assurance:

5.10.3.4.1 Run the seven standard solutions using the GC/MS method (SOP 4) on a tuned GC/MS. Use the EnviroQuant software or equivalent to calculate the average Relative Response Factor (RRF) and the relative standard deviation (RSD) of the RRFs for each analyte over the six concentrations. The RRF is defined as:

5.10.3.4.2 The RSD of the RRFs for all analytes must be 25% or less. Alternatively, the coefficients of determination (R2) for the calibration curve for each target compounds and surrogate should be over 0.99.

5.10.4 SOP 4. GC/MS Method for the Analysis of Crude Oil Samples.

5.10.4.1 Instrument Specifications:

5.10.4.1.1 Use an Agilent 6890 GC coupled with an Agilent 5973 mass selective detector (MSD) and an Agilent 6890 series auto sampler or equivalent, equipped with a DB-5 capillary column (30 m, 0.25 mm I.D., and 0.25 µm film thickness) or equivalent, and a split/splitless injection port operating in the splitless mode. Data acquisition occurs in the SIM (selected ion monitoring) mode for quantitative analysis. In SIM mode, the dwell time of each ion is set to be 10 milliseconds and the ions are split up into groups by retention time. One way to divide the ions is by retention time grouping as shown in Table SOP 4.1 of this Appendix. The number of ions in each ion group must be constant, yielding the same scan rate for each group.

Table SOP 4.1—Ions Associated With Retention Time Groups

Group

Ions

1

57, 66, 128, 136, 142, 152, 156, 166, 170, 184.

2

57, 66, 166, 170, 178, 180, 184, 188, 192, 194, 198, 208.

3

57, 66, 178, 184, 188, 192, 194, 198, 202, 206, 208, 212, 220, 226.

4

57, 66, 192, 198, 202, 206, 208, 212, 216, 220, 226, 230, 234, 245.

5

57, 66, 191, 217, 228, 240, 242, 248, 256, 262, 264, 270, 276, 284.

5.10.4.1.2 Table SOP 4.2 of this Appendix summarizes the instrumental conditions for crude oil analysis. Use only ultra-high purity helium (99.999% pure) as the carrier gas. In series, connect a moisture trap, an oxygen trap, and an organic trap to the carrier gas line before it enters the column.

Table SOP 4.2—Instrumental Conditions for Crude Oil Analysis

Instrument

Agilent 6890 Series II Gas Chromatograph (GC) with an Agilent 5973MSD and an Agilent 6890 auto sampler, or equivalent.

Column

DB-5 capillary column (30 m, 0.25 mm I.D., and 0.25-mm film thickness) or equivalent.

Carrier Gas

Helium, ultra-high purity grade (99.999%).

Inlet Temperature

300 °C.

Transfer Line (detector) Temperature

310 °C.

Oven Temperature Program

50 °C for 4 minutes, then 7 °C/min to 310 °C, hold for 18 minutes.

Flow Rate

Constant flow at 1mL/min. Linear velocity: 36.2 cm/sec.

Injection Volume

1 µL.

Split/Splitless Mode

Splitless.

Total Run Time

59.18 minutes.

5.10.4.2 Procedure for preparing the instrument:

5.10.4.2.1 Lower the injection port temperature and the oven temperature to 50 °C or less to avoid oxidation of the column.

5.10.4.2.2 Replace the liner with a clean, silanized liner. Do not touch the liner with bare fingers. A small piece of muffled glass wool may be inserted to protect the column.

5.10.4.2.3 Return the injection port and oven to the appropriate temperatures.

5.10.4.2.4 Wait five minutes after the temperature equilibrates before using the instrument.

5.10.4.3 Procedure for tuning the MSD:

5.10.4.3.1 Perform an air/water check. The value reported for the relative abundance of water (m/z 18), nitrogen (m/z 28), oxygen (m/z 32), or carbon dioxide (m/z 44) shall be less than 5% of the base peak for the system to be considered leak free and are expected to be closed to 1% for a stable system.

5.10.4.3.2 Tune the MSD using the Standard Autotune program and the decafluorotriphenylphosphine (DFTPP) Tune program to reduce instrument variability. The Autotune report file is referenced by the instrument when performing an air/water check and thus must be run at least once per month. Run standards and samples using DFTPP Tune parameters, and retune the instrument using DFTPP Tune at least once per week. The tune programs use three fragment ions of perfluorotributylamine (PFTBA) as a standard for tuning: m/z 69, 219, and 502. Tune reports must meet the following criteria:

5.10.4.3.2.1 Symmetrical peaks;

5.10.4.3.2.2 Mass assignments within ±0.2 amu's from 69, 219, and 502;

5.10.4.3.2.3 Peak widths within 0.5 ± 0.1 amu's;

5.10.4.3.2.4 Relative abundance is 100% for ion 69, at least 35% for ion 219, and at least 1% for ion 502;

5.10.4.3.2.5 Relative abundances for isotope masses 70, 220, and 503 ± 0.2 amu's are 0.5-1.5%, 2-8%, and 5-15%, respectively; and

5.10.4.3.2.6 Air and water peaks at m/z = 18, 28, 32, and 44 amu's must be very small and consistent with historical values.

5.10.4.4 Maintaining a log book. Maintain an instrument log book, and make entries for each use. Include the following information in the logbook: operator name, helium cylinder tank pressure and outlet pressure, vacuum gauge reading, any maintenance performed on the instrument (such as changing the injection port liner, gold seal, guard column, source cleaning), sequence name, data path, samples in order of injection, method information, GC column number, and the Standard Auto Tune report and DFTPP Tune report.

5.10.4.5 Running a Solvent Blank: Following a liner change or at the start of a new run, run an injection of a pure solvent to confirm that the system is free of excessive or interfering contamination. Analyze the solvent in SCAN mode using the same temperature program used for sample analysis. If contamination is present, analyze additional samples of fresh solvent until the interfering contamination is removed.

5.10.4.6 Checking the DFTPP Tune: Prior to running the first calibration standard, verify the instrument tune conditions by running a 10 ng/µL DFTPP check standard to check the mass measuring accuracy of the MS, the resolution sensitivity, the baseline threshold, and the ion abundance ranges. Run the standard using the DFTPP method provided with the instrument. Each of the criteria identified in Table SOP 4.2 of this Appendix must be met before using the instrument for analysis:

Table SOP 4.3—Ion Abundance Criteria for DFTPP

Mass,

M/z

Relative to mass

Relative abundance criteria

Purpose of checkpoint

51

442

10-80% of the base peak

Low mass sensitivity.

68

69

<2% of mass 69

Low mass resolution.

70

69

<2% of mass 69

Low mass resolution.

127

442

10-80% of the base peak

Low-mid mass sensitivity.

197

198

<2% of mass 198

Mid mass resolution.

198

442

Base peak or >50% of 442

Mid mass resolution and sensitivity.

199

198

5-9% of mass 198

Mid mass resolution and isotope ratio.

275

442

10-60% of the base peak

Mid-high mass sensitivity.

365

442

>1% of the base peak

Baseline threshold.

441

443

Present and < mass 443

High mass resolution.

442

442

Base peak or >50% of 198

High mass resolution and sensitivity.

443

442

15-24% of mass 442

High mass resolution and isotopic ratio.

5.10.4.7 Calibrating with a Multiple-Point Calibration Curve. A 5- or 6-point calibration curve is obtained by running 5 or 6 working standards (see SOP 3) on the tuned GC/MS instrument. Calculate the relative response factor (RRF) for each compound relative to its corresponding deuterated internal standard as indicated in Table SOP 4.3 of this Appendix. The relative standard deviation (RSD) of the RRFs for each compound must be less than 25%. Run an independently prepared check standard immediately after the calibration standards to validate the accuracy of the calibration curve.

5.10.4.8 Running Samples. Once the calibration curve has been validated, samples can be analyzed. Dispense 1,000 µL of sample extract into labeled auto-sampler vials. Add 20 µL of the internal standard solution (see SOP 2 of this Appendix) to the extract using a syringe or a positive displacement pipettor. Run a check standard every 10 samples to ensure the consistency of the instrument. The RRF for each compound in the check standard must be within 25% of the average RRF obtained in the initial calibration.

5.10.4.9 Quantification: Once a calibration table has been generated, quantify each data file using the “Calculate and Generate” function in the MS ChemStation software, or equivalent software. Review individual peak integration manually to ensure proper baseline integration. The quantification of a compound is based on the peak area of the primary ion (Q Ion) indicated in Table SOP 4.4 of this Appendix.

Table SOP 4.4—Target Compound List

Compound name

Quantitation ion

Reference compound for response factor

Internal standard for quantitation

N D34 C16

66

N D34 C16

D34 n C16 Q Ion 66.

n-C14

57

n C14

n-C15

57

n C15

n-C16

57

n C16

N D34 C17

66

N D34 C17

n-C17

57

n C17

Pristane

57

Pristane

n-C18

57

n C18

Phytane

57

Phytane

n C19

57

n C19

N D42 C20

66

N D42 C20

D42 n C20 Q Ion 66.

n C20

57

n C20

n C21

57

n C21

n C22

57

n C22

n C23

57

n C23

N D50 C 24

66

N D50 C 24

n C24

57

n C24

n C25

57

n C25

n C26

57

n C26

n C27

57

n C27

n C28

57

n C28

n C29

57

n C29

N D62 C30

66

N D62 C30

D62 n C30Q Ion 66.

n C30

57

n C30

n C31

57

n C31

N D66 C32

57

N D66 C32

n C32

57

n C32

n C33

57

n C33

n C34

57

n C34

n C35

57

n C35

D8 Naphthalene

136

D8 Naphthalene

D8 Naphthalene Q Ion 136.

Naphthalene

128

Naphthalene

D10 1-Methylnaphthalene

152

D10 1-Methylnaphthalene

C1 Naphthalene *

142

C1 Naphthalene

C2 Naphthalene *

156

C2 Naphthalene

C3 Naphthalene *

170

C3 Naphthalene

C4 Naphthalene *

184

C3 Naphthalene

D10 Anthracene

188

D10 Anthracene

D10 Anthracene Q Ion 188.

D10 Phenanthrene

188

D10 Phenanthrene

Phenanthrene

178

Phenanthrene

C1 Phenanthrene *

192

C1 Phenanthrene

C2 Phenanthrene *

206

C2 Phenanthrene

C3 Phenanthrene *

220

C2 Phenanthrene

C4 Phenanthrene *

234

C2 Phenanthrene

Fluorene

166

Fluorene

C1 Fluorene *

180

Fluorene

C2 Fluorene *

194

Fluorene

C3 Fluorene *

208

Fluorene

Dibenzothiophene

184

Dibenzothiophene

C1 Dibenzothiophene *

198

Dibenzothiophene

C2 Dibenzothiophene *

212

Dibenzothiophene

C3 Dibenzothiophene *

226

Dibenzothiophene

Naphthobenzothiophene (NBT)

234

Naphthobenzothiophene

C1 NBT *

248

Naphthobenzothiophene

C2 NBT *

262

Naphthobenzothiophene

C3 NBT *

276

Naphthobenzothiophene

Fluoranthene

202

Fluoranthene

D10 Pyrene

212

D10 Pyrene

Pyrene

202

Pyrene

C1 Pyrene *

216

Pyrene

C2 Pyrene *

230

Pyrene

D12 Chrysene

240

D12 Chrysene

D12 Chrysene Q Ion 240.

Benzo(a)anthracene/Chrysene *

228

Chrysene

C1 Chrysene *

242

Chrysene

C2 Chrysene *

256

Chrysene

C3 Chrysene *

270

Chrysene

C4 Chrysene *

284

Chrysene

5α-androstane

245

5α-androstane

5α-androstane Q Ion 245.

Coprostane

219

Coprostane

Hopane

191

Hopane

* Summed compounds; draw an integration line underneath all peaks with selected ion.

5.10.4.10 Equation 14 of this Appendix is used to calculate the concentration of analytes in units of µg/g oil added:

where:

A analyte = the peak area of the analyte,

C istd = the concentration of the internal standard,

A istd = the area of the internal standard,

RRF = the relative response factor, and

100 is the conversion factor to convert mg/L DCM to µg/g oil added.

5.10.4.11 If some analytes are not commercially available, the RRFs of other compounds (usually the parent compound) are used to quantify those analytes. For example, the RRF of C3-naphthalene may be used to calculate the concentrations of C3- and C4-naphthalenes. See Table SOP 4.4 of this Appendix for details. The quantification of these alkylated PAHs is relative because it is assumed that the molecular ions of the alkylated PAHs have the same RRFs as the parent compound ions. Nevertheless, these relative concentrations are useful for monitoring the fate of these compounds during the course of any analysis, as long as their concentrations are measured in a consistent way throughout the analysis.

5.10.4.12 Concentration calculations for all target compounds are performed using EnviroQuant software or equivalent. Data for each sample can be printed directly using a customized report template. Data can also be automatically entered into a spreadsheet within the EnviroQuant software.

5.10.5 Quality Assurance/Quality Control. The following criteria must be met before any samples are analyzed:

5.10.5.1 Air/water check to verify the system is leak free.

5.10.5.2 AutoTune and DFTPP Tune pass all criteria.

5.10.5.3 DFTPP check standard passes all criteria.

5.10.5.4 Solvent blank scan indicates the GC/MS system is free of interfering contamination.

5.10.5.5 Prepare and monitor a control chart of a standard oil analysis. Concentrations of the analytes in the control chart must be no more than 25% different from their historical averages.

5.10.5.6 Relative response factors for analytes in the check standards inserted between every 10 samples must be no more than 25 percent different from the average RRF of those same analytes in the calibration curve. Peak shapes must be symmetrical.

5.11 References for Section 5

(1) Haines, J.R., E.J. Kleiner, K.A. McClellan, K.M. Koran, E.L. Holder, D.W. King, and A.D. Venosa. 2005. “Laboratory evaluation of oil spill bioremediation products in salt and freshwater systems.” J. Ind. Microbiol. Biotech 32: 171-185.

Appendix DAppendix D to Part 300—Appropriate Actions and Methods of Remedying Releases

(a) This appendix D to part 300 describes types of remedial actions generally appropriate for specific situations commonly found at remedial sites and lists methods for remedying releases that may be considered by the lead agency to accomplish a particular response action. This list shall not be considered inclusive of all possible methods of remedying releases and does not limit the lead agency from selecting any other actions deemed necessary in response to any situation.

(b) In response to contaminated soil, sediment, or waste, the following types of response actions shall generally be considered: removal, treatment, or containment of the soil, sediment, or waste to reduce or eliminate the potential for hazardous substances or pollutants or contaminants to contaminate other media (ground water, surface water, or air) and to reduce or eliminate the potential for such substances to be inhaled, absorbed, or ingested.

(1) Techniques for removing contaminated soil, sediment, or waste include the following:

(i) Excavation.

(ii) Hydraulic dredging.

(iii) Mechanical dredging.

(2) Techniques for treating contaminated soil, sediment, or waste include the following:

(i) Biological methods, including the following:

(A) Treatment via modified conventional wastewater treatment techniques.

(B) Anaerobic, aerated, and facultative lagoons.

(C) Supported growth biological reactors.

(D) Microbial biodegradation.

(ii) Chemical methods, including the following:

(A) Chlorination.

(B) Precipitation, flocculation, sedimentation.

(C) Neutralization.

(D) Equalization.

(E) Chemical oxidation.

(iii) Physical methods, including the following:

(A) Air stripping.

(B) Carbon absorption.

(C) Ion exchange.

(D) Reverse osmosis.

(E) Permeable bed treatment.

(F) Wet air oxidation.

(G) Solidification.

(H) Encapsulation.

(I) Soil washing or flushing.

(J) Incineration.

(c) In response to contaminated ground water, the following types of response actions will generally be considered: Elimination or containment of the contamination to prevent further contamination, treatment and/or removal of such ground water to reduce or eliminate the contamination, physical containment of such ground water to reduce or eliminate potential exposure to such contamination, and/or restrictions on use of the ground water to eliminate potential exposure to the contamination.

(1) Techniques that can be used to contain or restore contaminated ground water include the following:

(i) Impermeable barriers, including the following:

(A) Slurry walls.

(B) Grout curtains.

(C) Sheet pilings.

(ii) Permeable treatment beds.

(iii) Ground-water pumping, including the following:

(A) Water table adjustment.

(B) Plume containment.

(iv) Leachate control, including the following:

(A) Subsurface drains.

(B) Drainage ditches.

(C) Liners.

(2) Techniques suitable for the control of contamination of water and sewer lines include the following:

(i) Grouting.

(ii) Pipe relining and sleeving.

(iii) Sewer relocation.

(d)(1) In response to contaminated surface water, the following types of response actions shall generally be considered: Elimination or containment of the contamination to prevent further pollution, and/or treatment of the contaminated water to reduce or eliminate its hazard potential.

(2) Techniques that can be used to control or remediate surface water include the following:

(i) Surface seals.

(ii) Surface water diversions and collection systems, including the following:

(A) Dikes and berms.

(B) Ditches, diversions, waterways.

(C) Chutes and downpipes.

(D) Levees.

(E) Seepage basins and ditches.

(F) Sedimentation basins and ditches.

(G) Terraces and benches.

(iii) Grading.

(iv) Revegetation.

(e) In response to air emissions, the following techniques will be considered:

(1) Pipe vents.

(2) Trench vents.

(3) Gas barriers.

(4) Gas collection.

(5) Overpacking.

(6) Treatment for gaseous emissions, including the following:

(i) Vapor phase adsorption.

(ii) Thermal oxidation.

(f) Alternative water supplies can be provided in several ways, including the following:

(i) Individual treatment units.

(ii) Water distribution system.

(iii) New wells in a new location or deeper wells.

(iv) Cisterns.

(v) Bottled or treated water.

(vi) Upgraded treatment for existing distribution systems.

(g) Temporary or permanent relocation of residents, businesses, and community facilities may be provided where it is determined necessary to protect human health and the environment.

§ 300.105General organization concepts.

(a) Federal agencies should:

(1) Plan for emergencies and develop procedures for addressing oil discharges and releases of hazardous substances, pollutants, or contaminants;

(2) Coordinate their planning, preparedness, and response activities with one another;

(3) Coordinate their planning, preparedness, and response activities with affected states, local governments, and private entities; and

(4) Make available those facilities or resources that may be useful in a response situation, consistent with agency authorities and capabilities.

(b) Three fundamental kinds of activities are performed pursuant to the NCP:

(1) Preparedness planning and coordination for response to a discharge of oil or release of a hazardous substance, pollutant, or contaminant;

(2) Notification and communications; and

(3) Response operations at the scene of a discharge or release.

(c) The organizational elements created to perform these activities are:

(1) The NRT, responsible for national response and preparedness planning, for coordinating regional planning, and for providing policy guidance and support to the Regional Response Teams (RRTs). NRT membership consists of representatives from the agencies specified in § 300.175(b).

(2) RRTs, responsible for regional planning and preparedness activities before response actions, and for providing advice and support to the OSC or RPM when activated during a response. RRT membership consists of designated representatives from each federal agency participating in the NRT together with state and (as agreed upon by the states) local government representatives.

(3) The OSC and the RPM, primarily responsible for directing response efforts and coordinating all other efforts at the scene of a discharge or release. The other responsibilities of OSCs and RPMs are described in § 300.135.

(4) Area Committees, responsible for developing, under direction of the OSC, ACPs for each area designated by the President. Responsibilities of Area Committees are described in § 300.205(c).

(d) The basic framework for the response management structure is a system (e.g., a unified command system) that brings together the functions of the Federal Government, the state government, and the responsible party to achieve an effective and efficient response, where the OSC maintains authority.

(e)(1) The organizational concepts of the national response system are depicted in the following Figures 1a and 1b:

(2) The standard federal regional boundaries (which are also the geographic areas of responsibility for the RRTs) are shown in the following Figure 2:

(3) The USCG District boundaries are shown in the following Figure 3:

§ 300.110National Response Team.

National planning and coordination is accomplished through the NRT.

(a) The NRT consists of representatives from the agencies named in § 300.175(b). Each agency shall designate a member to the team and sufficient alternates to ensure representation, as agency resources permit. The NRT will consider requests for membership on the NRT from other agencies. Other agencies may request membership by forwarding such requests to the chair of the NRT.

(b) The chair of the NRT shall be the representative of EPA and the vice chair shall be the representative of the USCG, with the exception of periods of activation because of response action. During activation, the chair shall be the member agency providing the OSC/RPM. The vice chair shall maintain records of NRT activities along with national, regional, and area plans for response actions.

(c) While the NRT desires to achieve a consensus on all matters brought before it, certain matters may prove unresolvable by this means. In such cases, each agency serving as a participating agency on the NRT may be accorded one vote in NRT proceedings.

(d) The NRT may establish such bylaws and committees as it deems appropriate to further the purposes for which it is established.

(e) The NRT shall evaluate methods of responding to discharges or releases; shall recommend any changes needed in the response organization; and shall recommend to the Administrator of EPA changes to the NCP designed to improve the effectiveness of the national response system, including drafting of regulatory language.

(f) The NRT shall provide policy and program direction to the RRTs.

(g) The NRT may consider and make recommendations to appropriate agencies on the training, equipping, and protection of response teams and necessary research, development, demonstration, and evaluation to improve response capabilities.

(h) Direct planning and preparedness responsibilities of the NRT include:

(1) Maintaining national preparedness to respond to a major discharge of oil or release of a hazardous substance, pollutant, or contaminant that is beyond regional capabilities;

(2) Publishing guidance documents for preparation and implementation of SARA Title III local emergency response plans;

(3) Monitoring incoming reports from all RRTs and activating for a response action, when necessary;

(4) Coordinating a national program to assist member agencies in preparedness planning and response, and enhancing coordination of member agency preparedness programs;

(5) Developing procedures, in coordination with the NSFCC, as appropriate, to ensure the coordination of federal, state, and local governments, and private response to oil discharges and releases of hazardous substances, pollutants, or contaminants;

(6) Monitoring response-related research and development, testing, and evaluation activities of NRT agencies to enhance coordination, avoid duplication of effort, and facilitate research in support of response activities;

(7) Developing recommendations for response training and for enhancing the coordination of available resources among agencies with training responsibilities under the NCP;

(8) Reviewing regional responses to oil discharges and hazardous substance, pollutant, or contaminant releases, including an evaluation of equipment readiness and coordination among responsible public agencies and private organizations; and

(9) Assisting in developing a national exercise program, in coordination with the NSFCC, to ensure preparedness and coordination nationwide.

(i) The NRT will consider matters referred to it for advice or resolution by an RRT.

(j) The NRT should be activated as an emergency response team:

(1) When an oil discharge or hazardous substance release:

(i) Exceeds the response capability of the region in which it occurs;

(ii) Transects regional boundaries; or

(iii) Involves a substantial threat to the public health or welfare of the United States or the environment, substantial amounts of property, or substantial threats to natural resources;

(2) If requested by any NRT member.

(k) When activated for a response action, the NRT shall meet at the call of the chair and may:

(1) Monitor and evaluate reports from the OSC/RPM and recommend to the OSC/RPM, through the RRT, actions to combat the discharge or release;

(2) Request other federal, state, and local governments, or private agencies, to provide resources under their existing authorities to combat a discharge or release, or to monitor response operations; and

(3) Coordinate the supply of equipment, personnel, or technical advice to the affected region from other regions or districts.

§ 300.115Regional Response Teams.

(a) Regional planning and coordination of preparedness and response actions is accomplished through the RRT. In the case of a discharge of oil, preparedness activities will be carried out in conjunction with Area Committees, as appropriate. The RRT agency membership parallels that of the NRT, as described in § 300.110, but also includes state and local representation. The RRT provides:

(1) The appropriate regional mechanism for development and coordination of preparedness activities before a response action is taken and for coordination of assistance and advice to the OSC/RPM during such response actions; and

(2) Guidance to Area Committees, as appropriate, to ensure inter-area consistency and consistency of individual ACPs with the RCP and NCP.

(b) The two principal components of the RRT mechanism are a standing team, which consists of designated representatives from each participating federal agency, state governments, and local governments (as agreed upon by the states); and incident-specific teams formed from the standing team when the RRT is activated for a response. On incident-specific teams, participation by the RRT member agencies will relate to the technical nature of the incident and its geographic location.

(1) The standing team's jurisdiction corresponds to the standard federal regions, except for Alaska, Oceania in the Pacific, and the Caribbean area, each of which has a separate standing RRT. The role of the standing RRT includes communications systems and procedures, planning, coordination, training, evaluation, preparedness, and related matters on a regionwide basis. It also includes coordination of Area Committees for these functions in areas within their respective regions, as appropriate.

(2) The role of the incident-specific team is determined by the operational requirements of the response to a specific discharge or release. Appropriate levels of activation and/or notification of the incident-specific RRT, including participation by state and local governments, shall be determined by the designated RRT chair for the incident, based on the RCP. The incident-specific RRT supports the designated OSC/RPM. The designated OSC/RPM directs response efforts and coordinates all other efforts at the scene of a discharge or release.

(c) The representatives of EPA and the USCG shall act as co-chairs of RRTs except when the RRT is activated. When the RRT is activated for response actions, the chair shall be the member agency providing the OSC/RPM.

(d) Each participating agency should designate one member and at least one alternate member to the RRT. Agencies whose regional subdivisions do not correspond to the standard federal regions may designate additional representatives to the standing RRT to ensure appropriate coverage of the standard federal region. Participating states may also designate one member and at least one alternate member to the RRT. Indian tribal governments may arrange for representation with the RRT appropriate to their geographical location. All agencies and states may also provide additional representatives as observers to meetings of the RRT.

(e) RRT members should designate representatives and alternates from their agencies as resource personnel for RRT activities, including RRT work planning, and membership on incident-specific teams in support of the OSCs/RPMs.

(f) Federal RRT members or their representatives should provide OSCs/RPMs with assistance from their respective federal agencies commensurate with agency responsibilities, resources, and capabilities within the region. During a response action, the members of the RRT should seek to make available the resources of their agencies to the OSC/RPM as specified in the RCP and ACP.

(g) RRT members should nominate appropriately qualified representatives from their agencies to work with OSCs in developing and maintaining ACPs.

(h) Affected states are encouraged to participate actively in all RRT activities. Each state governor is requested to assign an office or agency to represent the state on the appropriate RRT; to designate representatives to work with the RRT in developing RCPs; to plan for, make available, and coordinate state resources; and to serve as the contact point for coordination of response with local government agencies, whether or not represented on the RRT. The state's RRT representative should keep the State Emergency Response Commission (SERC), described in § 300.205(d), apprised of RRT activities and coordinate RRT activities with the SERC. Local governments are invited to participate in activities on the appropriate RRT as provided by state law or as arranged by the state's representative. Indian tribes are also invited to participate in such activities.

(i) The standing RRT shall recommend changes in the regional response organization as needed, revise the RCP as needed, evaluate the preparedness of the participating agencies and the effectiveness of ACPs for the federal response to discharges and releases, and provide technical assistance for preparedness to the response community. The RRT should:

(1) Review and comment, to the extent practicable, on local emergency response plans or other issues related to the preparation, implementation, or exercise of such plans upon request of a local emergency planning committee;

(2) Evaluate regional and local responses to discharges or releases on a continuing basis, considering available legal remedies, equipment readiness, and coordination among responsible public agencies and private organizations, and recommend improvements;

(3) Recommend revisions of the NCP to the NRT, based on observations of response operations;

(4) Review OSC actions to ensure that RCPs and ACPs are effective;

(5) Encourage the state and local response community to improve its preparedness for response;

(6) In coordination with Area Committees and in accordance with any applicable laws, regulations, or requirements, conduct advance planning for use of dispersants, surface washing agents, surface collecting agents, burning agents, bioremediation agents, or other chemical agents in accordance with subpart J of this part;

(7) Be prepared to provide response resources to major discharges or releases outside the region;

(8) Conduct or participate in training and exercises as necessary to encourage preparedness activities of the response community within the region;

(9) Meet at least semiannually to review response actions carried out during the preceding period, consider changes in RCPs, and recommend changes in ACPs;

(10) Provide letter reports on RRT activities to the NRT twice a year, no later than January 31 and July 31. At a minimum, reports should summarize recent activities, organizational changes, operational concerns, and efforts to improve state and local coordination; and

(11) Ensure maximum participation in the national exercise program for announced and unannounced exercises.

(j)(1) The RRT may be activated by the chair as an incident-specific response team when a discharge or release:

(i) Exceeds the response capability available to the OSC/RPM in the place where it occurs;

(ii) Transects state boundaries;

(iii) May pose a substantial threat to the public health or welfare of the United States or the environment, or to regionally significant amounts of property; or

(iv) Is a worst case discharge, as described in § 300.324. RCPs shall specify detailed criteria for activation of RRTs.

(2) The RRT will be activated during any discharge or release upon a request from the OSC/RPM, or from any RRT representative, to the chair of the RRT. Requests for RRT activation shall later be confirmed in writing. Each representative, or an appropriate alternate, should be notified immediately when the RRT is activated.

(3) During prolonged removal or remedial action, the RRT may not need to be activated or may need to be activated only in a limited sense, or may need to have available only those member agencies of the RRT who are directly affected or who can provide direct response assistance.

(4) When the RRT is activated for a discharge or release, agency representatives shall meet at the call of the chair and may:

(i) Monitor and evaluate reports from the OSC/RPM, advise the OSC/RPM on the duration and extent of response, and recommend to the OSC/RPM specific actions to respond to the discharge or release;

(ii) Request other federal, state, or local governments, or private agencies, to provide resources under their existing authorities to respond to a discharge or release or to monitor response operations;

(iii) Help the OSC/RPM prepare information releases for the public and for communication with the NRT;

(iv) If the circumstances warrant, make recommendations to the regional or district head of the agency providing the OSC/RPM that a different OSC/RPM should be designated; and

(v) Submit pollution reports to the NRC as significant developments occur.

(5) At the regional level, a Regional Response Center (RRC) may provide facilities and personnel for communications, information storage, and other requirements for coordinating response. The location of each RRC should be provided in the RCP.

(6) When the RRT is activated, affected states may participate in all RRT deliberations. State government representatives participating in the RRT have the same status as any federal member of the RRT.

(7) The RRT can be deactivated when the incident-specific RRT chair determines that the OSC/RPM no longer requires RRT assistance.

(8) Notification of the RRT may be appropriate when full activation is not necessary, with systematic communication of pollution reports or other means to keep RRT members informed as to actions of potential concern to a particular agency, or to assist in later RRT evaluation of regionwide response effectiveness.

(k) Whenever there is insufficient national policy guidance on a matter before the RRT, a technical matter requiring solution, a question concerning interpretation of the NCP, or a disagreement on discretionary actions among RRT members that cannot be resolved at the regional level, it may be referred to the NRT, described in § 300.110, for advice.

§ 300.120On-scene coordinators and remedial project managers: general responsibilities.

(a) The OSC/RPM directs response efforts and coordinates all other efforts at the scene of a discharge or release. As part of the planning and preparedness for response, OSCs shall be predesignated by the regional or district head of the lead agency. EPA and the USCG shall predesignate OSCs for all areas in each region, except as provided in paragraphs (c) and (d) of this section. RPMs shall be assigned by the lead agency to manage remedial or other response actions at NPL sites, except as provided in paragraphs (c) and (d) of this section.

(1) The USCG shall provide OSCs for oil discharges, including discharges from facilities and vessels under the jurisdiction of another federal agency, within or threatening the coastal zone. The USCG shall also provide OSCs for the removal of releases of hazardous substances, pollutants, or contaminants into or threatening the coastal zone, except as provided in paragraph (b) of this section. The USCG shall not provide predesignated OSCs for discharges or releases from hazardous waste management facilities or in similarly chronic incidents. The USCG shall provide an initial response to discharges or releases from hazardous waste management facilities within the coastal zone in accordance with Department of Transportation (DOT)/EPA Instrument of Redelegation (May 27, 1988) except as provided by paragraph (b) of this section. The USCG OSC shall contact the cognizant RPM as soon as it is evident that a removal may require a follow-up remedial action, to ensure that the required planning can be initiated and an orderly transition to an EPA or state lead can occur.

(2) EPA shall provide OSCs for discharges or releases into or threatening the inland zone and shall provide RPMs for federally funded remedial actions, except in the case of state-lead federally funded response and as provided in paragraph (b) of this section. EPA will also assume all remedial actions at NPL sites in the coastal zone, even where removals are initiated by the USCG, except as provided in paragraph (b) of this section.

(b) In general, USCG Captains of the Port (COTP) shall serve as the designated OSCs for areas in the coastal zone for which an ACP is required under CWA section 311(j) and EPA Regional Administrators shall designate OSCs for areas in the inland zone for which an ACP is required under CWA section 311(j).

(c) For releases of hazardous substances, pollutants, or contaminants, when the release is on, or the sole source of the release is from, any facility or vessel, including vessels bareboat-chartered and operated, under the jurisdiction, custody, or control of DOD, DOE, or other federal agency:

(1) In the case of DOD or DOE, DOD or DOE shall provide OSCs/RPMs responsible for taking all response actions; and

(2) In the case of a federal agency other than EPA, DOD, or DOE, such agency shall provide OSCs for all removal actions that are not emergencies and shall provide RPMs for all remedial actions.

(d) DOD will be the removal response authority with respect to incidents involving DOD military weapons and munitions or weapons and munitions under the jurisdiction, custody, or control of DOD.

(e) The OSC is responsible for overseeing development of the ACP in the area of the OSC's responsibility. ACPs shall, as appropriate, be accomplished in cooperation with the RRT, and designated state and local representatives. In contingency planning and removal, the OSC coordinates, directs, and reviews the work of other agencies, Area Committees, responsible parties, and contractors to assure compliance with the NCP, decision document, consent decree, administrative order, and lead agency-approved plans applicable to the response.

(f) The RPM is the prime contact for remedial or other response actions being taken (or needed) at sites on the proposed or promulgated NPL, and for sites not on the NPL but under the jurisdiction, custody, or control of a federal agency. The RPM's responsibilities include:

(1) Fund-financed response: The RPM coordinates, directs, and reviews the work of EPA, states and local governments, the U.S. Army Corps of Engineers, and all other agencies and contractors to assure compliance with the NCP. Based upon the reports of these parties, the RPM recommends action for decisions by lead agency officials. The RPM's period of responsibility begins prior to initiation of the remedial investigation/feasibility study (RI/FS), described in § 300.430, and continues through design, remedial action, deletion of the site from the NPL, and the CERCLA cost recovery activity. When a removal and remedial action occur at the same site, the OSC and RPM should coordinate to ensure an orderly transition of responsibility.

(2) Federal-lead non-Fund-financed response: The RPM coordinates, directs, and reviews the work of other agencies, responsible parties, and contractors to assure compliance with the NCP, Record of Decision (ROD), consent decree, administrative order, and lead agency-approved plans applicable to the response. Based upon the reports of these parties, the RPM shall recommend action for decisions by lead agency officials. The RPM's period of responsibility begins prior to initiation of the RI/FS, described in § 300.430, and continues through design and remedial action and the CERCLA cost recovery activity. The OSC and RPM shall ensure orderly transition of responsibilities from one to the other.

(3) The RPM shall participate in all decision-making processes necessary to ensure compliance with the NCP, including, as appropriate, agreements between EPA or other federal agencies and the state. The RPM may also review responses where EPA has preauthorized a person to file a claim for reimbursement to determine that the response was consistent with the terms of such preauthorization in cases where claims are filed for reimbursement.

(g)(1) Where a support agency has been identified through a cooperative agreement, Superfund Memorandum of Agreement (SMOA), or other agreement, that agency may designate a support agency coordinator (SAC) to provide assistance, as requested, by the OSC/RPM. The SAC is the prime representative of the support agency for response actions.

(2) The SAC's responsibilities may include:

(i) Providing and reviewing data and documents as requested by the OSC/RPM during the planning, design, and cleanup activities of the response action; and

(ii) Providing other assistance as requested.

(h)(1) The lead agency should provide appropriate training for its OSCs, RPMs, and other response personnel to carry out their responsibilities under the NCP.

(2) OSCs/RPMs should ensure that persons designated to act as their on-scene representatives are adequately trained and prepared to carry out actions under the NCP, to the extent practicable.

§ 300.125Notification and communications.

(a) The National Response Center (NRC), located at USCG Headquarters, is the national communications center, continuously manned for handling activities related to response actions. The NRC acts as the single point of contact for all pollution incident reporting, and as the NRT communications center. Notice of discharges and releases must be made telephonically through a toll free number or a special local number (Telecommunication Device for the Deaf (TDD) and collect calls accepted). (Notification details appear in §§ 300.300 and 300.405.) The NRC receives and immediately relays telephone notices of discharges or releases to the appropriate predesignated federal OSC. The telephone report is distributed to any interested NRT member agency or federal entity that has established a written agreement or understanding with the NRC. The NRC evaluates incoming information and immediately advises FEMA of a potential major disaster situation.

(b) The Commandant, USCG, in conjunction with other NRT agencies, shall provide the necessary personnel, communications, plotting facilities, and equipment for the NRC.

(c) Notice of an oil discharge or release of a hazardous substance in an amount equal to or greater than the reportable quantity must be made immediately in accordance with 33 CFR part 153, subpart B, and 40 CFR part 302, respectively. Notification shall be made to the NRC Duty Officer, HQ USCG, Washington, DC, telephone (800) 424-8802 or (202) 267-2675. All notices of discharges or releases received at the NRC will be relayed immediately by telephone to the OSC.

§ 300.130Determinations to initiate response and special conditions.

(a) In accordance with CWA and CERCLA, the Administrator of EPA or the Secretary of the department in which the USCG is operating, as appropriate, is authorized to act for the United States to take response measures deemed necessary to protect the public health or welfare or environment from discharges of oil or releases of hazardous substances, pollutants, or contaminants except with respect to such releases on or from vessels or facilities under the jurisdiction, custody, or control of other federal agencies.

(b) The Administrator of EPA or the Secretary of the department in which the USCG is operating, as appropriate, is authorized to initiate and, in the case of a discharge posing a substantial threat to public health or welfare of the United States is required to initiate and direct, appropriate response activities when the Administrator or Secretary determines that any oil or CWA hazardous substance is discharged or there is a substantial threat of such discharge from any vessel or offshore or onshore facility into or on the navigable waters of the United States, on the adjoining shorelines to the navigable waters, into or on the waters of the exclusive economic zone, or that may affect natural resources belonging to, appertaining to, or under exclusive management authority of the United States; or

(c) The Administrator of EPA or the Secretary of the department in which the USCG is operating, as appropriate, is authorized to initiate appropriate response activities when the Administrator or Secretary determines that any hazardous substance is released or there is a threat of such a release into the environment, or there is a release or threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare of the United States.

(d) In addition to any actions taken by a state or local government, the Administrator of EPA or the Secretary of the department in which the USCG is operating may request the U.S. Attorney General to secure the relief from any person, including the owner or operator of the vessel or facility necessary to abate a threat or, after notice to the affected state, take any other action authorized by section 311 of the CWA or section 106 of CERCLA as appropriate, including issuing administrative orders, that may be necessary to protect the public health or welfare, if the Administrator or Secretary determines:

(1) That there may be an imminent and substantial threat to the public health or welfare of the United States or the environment of the United States, including fish, shellfish, and wildlife, public and private property, shorelines, beaches, habitats, and other living and nonliving natural resources under the jurisdiction or control of the United States, because of an actual or threatened discharge of oil or a CWA hazardous substance from any vessel or offshore or onshore facility into or upon the navigable waters of the United States; or

(2) That there may be an imminent and substantial endangerment to the public health or welfare of the United States or the environment because of a release of a CERCLA hazardous substance from a facility.

(e) Response actions to remove discharges originating from operations conducted subject to the Outer Continental Shelf Lands Act shall be in accordance with the NCP.

(f) Where appropriate, when a discharge or release involves radioactive materials, the lead or support federal agency shall act consistent with the notification and assistance procedures described in the appropriate Federal Radiological Plan. For the purpose of the NCP, the FRERP (24 CFR part 2401) is the appropriate plan. Most radiological discharges and releases do not result in FRERP activation and should be handled in accordance with the NCP. However, releases from nuclear incidents subject to requirements for financial protection established by the Nuclear Regulatory Commission under the Price-Anderson amendments (section 170) of the Atomic Energy Act are specifically excluded from CERCLA and NCP requirements.

(g) Removal actions involving nuclear weapons should be conducted in accordance with the joint Department of Defense, Department of Energy, and FEMA Agreement for Response to Nuclear Incidents and Nuclear Weapons Significant Incidents (January 8, 1981).

(h) If the situation is beyond the capability of state and local governments and the statutory authority of federal agencies, the President may, under the Disaster Relief Act of 1974, act upon a request by the governor and declare a major disaster or emergency and appoint a Federal Coordinating Officer (FCO) to coordinate all federal disaster assistance activities. In such cases, the OSC/RPM would continue to carry out OSC/RPM responsibilities under the NCP, but would coordinate those activities with the FCO to ensure consistency with other federal disaster assistance activities.

(i) In the event of a declaration of a major disaster by the President, the FEMA may activate the Federal Response Plan (FRP). A FCO, designated by the President, may implement the FRP and coordinate and direct emergency assistance and disaster relief of impacted individuals, business, and public services under the Robert T. Stafford Disaster Relief Act. Delivery of federal assistance is facilitated through twelve functional annexes to the FRP known as Emergency Support Functions (ESFs). EPA coordinates activities under ESF #10—Hazardous Materials, which addresses preparedness and response to hazardous materials and oil incidents caused by a natural disaster or other catastrophic event. In such cases, the OSC/RPM should coordinate response activities with the FCO, through the incident-specific ESF #10 Chair, to ensure consistency with federal disaster assistance activities.

§ 300.135Response operations.

(a) The OSC/RPM, consistent with §§ 300.120 and 300.125, shall direct response efforts and coordinate all other efforts at the scene of a discharge or release. As part of the planning and preparation for response, the OSCs/RPMs shall be predesignated by the regional or district head of the lead agency.

(b) The first federal official affiliated with an NRT member agency to arrive at the scene of a discharge or release should coordinate activities under the NCP and is authorized to initiate, in consultation with the OSC, any necessary actions normally carried out by the OSC until the arrival of the predesignated OSC. This official may initiate federal fund-financed actions only as authorized by the OSC or, if the OSC is unavailable, the authorized representative of the lead agency.

(c) The OSC/RPM shall, to the extent practicable, collect pertinent facts about the discharge or release, such as its source and cause; the identification of potentially responsible parties; the nature, amount, and location of discharged or released materials; the probable direction and time of travel of discharged or released materials; whether the discharge is a worst case discharge as discussed in § 300.324; the pathways to human and environmental exposure; the potential impact on human health, welfare, and safety and the environment; whether the discharge or release poses a substantial threat to the public health or welfare of the United States as discussed in § 300.322; the potential impact on natural resources and property which may be affected; priorities for protecting human health and welfare and the environment; and appropriate cost documentation.

(d) The OSC's/RPM's efforts shall be coordinated with other appropriate federal, state, local, and private response agencies. OSCs/RPMs may designate capable persons from federal, state, or local agencies to act as their on-scene representatives. State and local governments, however, are not authorized to take actions under subparts D and E of the NCP that involve expenditures of the Oil Spill Liability Trust Fund or CERCLA funds unless an appropriate contract or cooperative agreement has been established. The basic framework for the response management structure is a system (e.g., a unified command system), that brings together the functions of the federal government, the state government, and the responsible party to achieve an effective and efficient response, where the OSC maintains authority.

(e) The OSC/RPM should consult regularly with the RRT and NSFCC, as appropriate, in carrying out the NCP and keep the RRT and NSFCC, as appropriate, informed of activities under the NCP.

(f) The OSC/RPM shall advise the support agency as promptly as possible of reported releases.

(g) The OSC/RPM should evaluate incoming information and immediately advise FEMA of potential major disaster situations.

(h) In those instances where a possible public health emergency exists, the OSC/RPM should notify the Department of Health and Human Services (HHS) representative to the RRT. Throughout response actions, the OSC/RPM may call upon the HHS representative for assistance in determining public health threats and call upon the Occupational Safety and Health Administration (OSHA) and HHS for assistance on worker health and safety issues.

(i) All federal agencies should plan for emergencies and develop procedures for dealing with oil discharges and releases of hazardous substances, pollutants, or contaminants from vessels and facilities under their jurisdiction. All federal agencies, therefore, are responsible for designating the office that coordinates response to such incidents in accordance with the NCP and applicable federal regulations and guidelines.

(j)(1) The OSC/RPM shall ensure that the trustees for natural resources are promptly notified of discharges or releases.

(2) The OSC or RPM shall coordinate all response activities with the affected natural resource trustees and, for discharges of oil, the OSC shall consult with the affected trustees on the appropriate removal action to be taken.

(k) Where the OSC/RPM becomes aware that a discharge or release may affect any endangered or threatened species or their habitat, the OSC/RPM shall consult with the Department of Interior (DOI), or the Department of Commerce (DOC) (NOAA) and, if appropriate, the cognizant federal land managing agency.

(l) The OSC/RPM is responsible for addressing worker health and safety concerns at a response scene, in accordance with § 300.150.

(m) The OSC shall submit pollution reports to the RRT and other appropriate agencies as significant developments occur during response actions, through communications networks or procedures agreed to by the RRT and covered in the RCP.

(n) OSCs/RPMs should ensure that all appropriate public and private interests are kept informed and that their concerns are considered throughout a response, to the extent practicable, consistent with the requirements of § 300.155 of this part.

§ 300.140Multi-regional responses.

(a) If a discharge or release moves from the area covered by one ACP or RCP into another area, the authority for response actions should likewise shift. If a discharge or release affects areas covered by two or more ACPs or RCPs, the response mechanisms of each applicable plan may be activated. In this case, response actions of all regions concerned shall be fully coordinated as detailed in the RCPs and ACPs.

(b) There shall be only one OSC and/or RPM at any time during the course of a response operation. Should a discharge or release affect two or more areas, EPA, the USCG, DOD, DOE, or other lead agency, as appropriate, shall give prime consideration to the area vulnerable to the greatest threat, in determining which agency should provide the OSC and/or RPM. The RRT shall designate the OSC and/or RPM if the RRT member agencies who have response authority within the affected areas are unable to agree on the designation. The NRT shall designate the OSC and/or RPM if members of one RRT or two adjacent RRTs are unable to agree on the designation.

(c) Where the USCG has initially provided the OSC for response to a release from hazardous waste management facilities located in the coastal zone, responsibility for response action shall shift to EPA or another federal agency, as appropriate.

§ 300.145Special teams and other assistance available to OSCs/RPMs.

(a) The NSF is a special team established by the USCG, including the three USCG Strike Teams, the Public Information Assist Team (PIAT), and the NSFCC. The NSF is available to assist OSCs/RPMs in their preparedness and response duties.

(1) The three Strike Teams (Atlantic, Gulf, and Pacific) provide trained personnel and specialized equipment to assist the OSC in training for spill response, stabilizing and containing the spill, and in monitoring or directing the response actions of the responsible parties and/or contractors. The OSC has a specific team designated for initial contact and may contact that team directly for any assistance.

(2) The NSFCC can provide the following support to the OSC:

(i) Technical assistance, equipment and other resources to augment the OSC staff during spill response.

(ii) Assistance in coordinating the use of private and public resources in support of the OSC during a response to or a threat of a worst case discharge of oil.

(iii) Review of the area contingency plan, including an evaluation of equipment readiness and coordination among responsible public agencies and private organizations.

(iv) Assistance in locating spill response resources for both response and planning, using the NSFCC's national and international computerized inventory of spill response resources.

(v) Coordination and evaluation of pollution response exercises.

(vi) Inspection of district prepositioned pollution response equipment.

(3) PIAT is an element of the NSFCC staff which is available to assist OSCs to meet the demands for public information during a response or exercise. Its use is encouraged any time the OSC requires outside public affairs support. Requests for PIAT assistance may be made through the NSFCC or NRC.

(b)(1) The Environmental Response Team (ERT) is established by EPA in accordance with its disaster and emergency responsibilities. The ERT has expertise in treatment technology, biology, chemistry, hydrology, geology, and engineering.

(2) The ERT can provide access to special decontamination equipment for chemical releases and advice to the OSC/RPM in hazard evaluation; risk assessment; multimedia sampling and analysis program; on-site safety, including development and implementation plans; cleanup techniques and priorities; water supply decontamination and protection; application of dispersants; environmental assessment; degree of cleanup required; and disposal of contaminated material.

(3) The ERT also provides both introductory and intermediate level training courses to prepare response personnel.

(4) OSC/RPM or RRT requests for ERT support should be made to the EPA representative on the RRT; EPA Headquarters, Director, Emergency Response Division; or the appropriate EPA regional emergency coordinator.

(c) Scientific Support Coordinators (SSCs) may be designated by the OSC (and RPM in the case of EPA SSCs) as the principal advisors for scientific issues, communication with the scientific community, and coordination of requests for assistance from state and federal agencies regarding scientific studies. The SSC strives for a consensus on scientific issues affecting the response, but ensures that differing opinions within the community are communicated to the OSC/RPM.

(1) Generally, SSCs are provided by NOAA in the coastal zones, and by EPA in the inland zone. OSC/RPM requests for SSC support can be made directly to the SSC assigned to the area or to the agency member of the RRT. NOAA SSCs can also be requested through NOAA's SSC program office in Seattle, WA. NOAA SSCs are assigned to USCG Districts and are supported by a scientific support team that includes expertise in environmental chemistry, oil slick tracking, pollutant transport modeling, natural resources at risk, environmental tradeoffs of countermeasures and cleanup, and information management.

(2) During a response, the SSC serves on the federal OSC's/RPM's staff and may, at the request of the OSC/RPM, lead the scientific team and be responsible for providing scientific support for operational decisions and for coordinating on-scene scientific activity. Depending on the nature and location of the incident, the SSC integrates expertise from governmental agencies, universities, community representatives, and industry to assist the OSC/RPM in evaluating the hazards and potential effects of releases and in developing response strategies.

(3) At the request of the OSC, the SSC may facilitate the OSC's work with the lead administrative trustee for natural resources to ensure coordination between damage assessment data collection efforts and data collected in support of response operations.

(4) SSCs support the Regional Response Teams and the Area Committees in preparing regional and area contingency plans and in conducting spill training and exercises. For area plans, the SSC provides leadership for the synthesis and integration of environmental information required for spill response decisions in support of the OSC.

(d)(1) SUPSALV has an extensive salvage/search and recovery equipment inventory with the requisite knowledge and expertise to support these operations, including specialized salvage, firefighting, and petroleum, oil and lubricants offloading capability.

(2) When possible, SUPSALV will provide equipment for training exercises in support of national and regional contingency planning objectives.

(3) The OSC/RPM may request assistance directly from SUPSALV. Formal requests are routed through the Chief of Naval Operations (N312).

(e) For marine salvage operations, OSCs/RPMs with responsibility for monitoring, evaluating, or supervising these activities should request technical assistance from DOD, the Strike Teams, or commercial salvors as necessary to ensure that proper actions are taken. Marine salvage operations generally fall into five categories: afloat salvage; offshore salvage; river and harbor clearance; cargo salvage; and rescue towing. Each category requires different knowledge and specialized types of equipment. The complexity of such operations may be further compounded by local environmental and geographic conditions. The nature of marine salvage and the conditions under which it occurs combine to make such operations imprecise, difficult, hazardous, and expensive. Thus, responsible parties or other persons attempting to perform such operations without adequate knowledge, equipment, and experience could aggravate, rather than relieve, the situation.

(f) Radiological Emergency Response Teams (RERTs) have been established by EPA's Office of Radiation Programs (ORP) to provide response and support for incidents or sites containing radiological hazards. Expertise is available in radiation monitoring, radionuclide analysis, radiation health physics, and risk assessment. RERTs can provide on-site support including mobile monitoring laboratories for field analyses of samples and fixed laboratories for radiochemical sampling and analyses. Requests for support may be made 24 hours a day via the NRC or directly to the EPA Radiological Response Coordinator in the Office of Radiation Programs. Assistance is also available from DOE and other federal agencies.

(g)(1) DRGs assist the OSC by providing technical assistance, personnel, and equipment, including pre-positioned equipment. Each DRG consists of all Coast Guard personnel and equipment, including marine firefighting equipment, in its district, additional pre-positioned equipment, and a District Response Advisory Team (DRAT) that is available to provide support to the OSC in the event that a spill exceeds local response capabilities. Each DRG:

(i) Shall provide technical assistance, equipment, and other resources, as available, when requested by an OSC through the USCG representative to the RRT;

(ii) Shall ensure maintenance of all USCG response equipment within its district;

(iii) May provide technical assistance in the preparation of the ACP; and

(iv) Shall review each of those plans that affect its area of geographic responsibility.

(2) In deciding where to locate personnel and pre-positioned equipment, the USCG shall give priority emphasis to:

(i) The availability of facilities for loading and unloading heavy or bulky equipment by barge;

(ii) The proximity to an airport capable of supporting large military transport aircraft;

(iii) The flight time to provide response to oil spills in all areas of the Coast Guard district with the potential for marine casualties;

(iv) The availability of trained local personnel capable of responding in an oil spill emergency; and

(v) Areas where large quantities of petroleum products are transported.

(h) The NPFC is responsible for implementing those portions of Title I of the OPA that have been delegated to the Secretary of the department in which the Coast Guard is operating. The NPFC is responsible for addressing funding issues arising from discharges and threats of discharges of oil. The NPFC:

(1) Issues Certificates of Financial Responsibility to owners and operators of vessels to pay for costs and damages that are incurred by their vessels as a result of oil discharges;

(2) Provides funding for various response organizations for timely abatement and removal actions related to oil discharges;

(3) Provides equitable compensation to claimants who sustain costs and damages from oil discharges when the responsible party fails to do so;

(4) Recovers monies from persons liable for costs and damages resulting from oil discharges to the full extent of liability under the law; and

(5) Provides funds to initiate natural resource damage assessments.

§ 300.150Worker health and safety.

(a) Response actions under the NCP will comply with the provisions for response action worker safety and health in 29 CFR 1910.120. The NRS meets the requirements of 29 CFR 1910.120 concerning use of an incident command system.

(b) In a response action taken by a responsible party, the responsible party must assure that an occupational safety and health program consistent with 29 CFR 1910.120 is made available for the protection of workers at the response site.

(c) In a response taken under the NCP by a lead agency, an occupational safety and health program should be made available for the protection of workers at the response site, consistent with, and to the extent required by, 29 CFR 1910.120. Contracts relating to a response action under the NCP should contain assurances that the contractor at the response site will comply with this program and with any applicable provisions of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq. ) (OSH Act) and state laws with plans approved under section 18 of the OSH Act.

(d) When a state, or political subdivision of a state, without an OSHA-approved state plan is the lead agency for response, the state or political subdivision must comply with standards in 40 CFR part 311, promulgated by EPA pursuant to section 126(f) of SARA.

(e) Requirements, standards, and regulations of the OSH Act and of state OSH laws not directly referenced in paragraphs (a) through (d) of this section, must be complied with where applicable. Federal OSH Act requirements include, among other things, Construction Standards (29 CFR part 1926), General Industry Standards (29 CFR part 1910), and the general duty requirement of section 5(a)(1) of the OSH Act (29 U.S.C. 654(a)(1)). No action by the lead agency with respect to response activities under the NCP constitutes an exercise of statutory authority within the meaning of section 4(b)(1) of the OSH Act. All governmental agencies and private employers are directly responsible for the health and safety of their own employees.

§ 300.155Public information and community relations.

(a) When an incident occurs, it is imperative to give the public prompt, accurate information on the nature of the incident and the actions underway to mitigate the damage. OSCs/RPMs and community relations personnel should ensure that all appropriate public and private interests are kept informed and that their concerns are considered throughout a response. They should coordinate with available public affairs/community relations resources to carry out this responsibility by establishing, as appropriate, a Joint Information Center bringing together resources from federal and state agencies and the responsible party.

(b) An on-scene news office may be established to coordinate media relations and to issue official federal information on an incident. Whenever possible, it will be headed by a representative of the lead agency. The OSC/RPM determines the location of the on-scene news office, but every effort should be made to locate it near the scene of the incident. If a participating agency believes public interest warrants the issuance of statements and an on-scene news office has not been established, the affected agency should recommend its establishment. All federal news releases or statements by participating agencies should be cleared through the OSC/RPM. Information dissemination relating to natural resource damage assessment activities shall be coordinated through the lead administrative trustee. The designated lead administrative trustee may assist the OSC/RPM by disseminating information on issues relating to damage assessment activities. Following termination of removal activity, information dissemination on damage assessment activities shall be through the lead administrative trustee.

(c) The community relations requirements specified in §§ 300.415, 300.430, and 300.435 apply to removal, remedial, and enforcement actions and are intended to promote active communication between communities affected by discharges or releases and the lead agency responsible for response actions. Community Relations Plans (CRPs) are required by EPA for certain response actions. The OSC/RPM should ensure coordination with such plans which may be in effect at the scene of a discharge or release or which may need to be developed during follow-up activities.

§ 300.160Documentation 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 § 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 § 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.

§ 300.165OSC reports.

(a) As requested by the NRT or RRT, the OSC/RPM shall submit to the NRT or RRT a complete report on the removal operation and the actions taken. The RRT shall review the OSC report and send to the NRT a copy of the OSC report with its comments or recommendations within 30 days after the RRT has received the OSC report.

(b) The OSC report shall record the situation as it developed, the actions taken, the resources committed, and the problems encountered.

§ 300.170Federal agency participation.

Federal agencies listed in § 300.175 have duties established by statute, executive order, or Presidential directive which may apply to federal response actions following, or in prevention of, the discharge of oil or release of a hazardous substance, pollutant, or contaminant. Some of these agencies also have duties relating to the restoration, rehabilitation, replacement, or acquisition of equivalent natural resources injured or lost as a result of such discharge or release as described in subpart G of this part. The NRT, RRT, and Area Committee organizational structure, and the NCP, RCPs and ACPs, described in § 300.210, provide for agencies to coordinate with each other in carrying out these duties.

(a) Federal agencies may be called upon by an OSC/RPM during response planning and implementation to provide assistance in their respective areas of expertise, as described in § 300.175, consistent with the agencies' capabilities and authorities.

(b) In addition to their general responsibilities, federal agencies should:

(1) Make necessary information available to the Secretary of the NRT, RRTs, Area Committees, and OSCs/RPMs.

(2) Provide representatives to the NRT and RRTs and otherwise assist RRTs and OSCs, as necessary, in formulating RCPs and ACPs.

(3) Inform the NRT, RRTs, and Area Committees, consistent with national security considerations, of changes in the availability of resources that would affect the operations implemented under the NCP.

(c) All federal agencies are responsible for reporting releases of hazardous substances from facilities or vessels under their jurisdiction or control in accordance with section 103 of CERCLA.

(d) All federal agencies are encouraged to report releases of pollutants or contaminants and must report discharges of oil, as required in 40 CFR part 110, from facilities or vessels under their jurisdiction or control to the NRC.

§ 300.175Federal agencies: additional responsibilities and assistance.

(a) During preparedness planning or in an actual response, various federal agencies may be called upon to provide assistance in their respective areas of expertise, as indicated in paragraph (b) of this section, consistent with agency legal authorities and capabilities.

(b) The federal agencies include:

(1) USCG, as provided in 14 U.S.C. 1-3, is an agency in DOT, except when operating as an agency in the United States Navy (USN) in time of war. The USCG provides the NRT vice chair, co-chairs for the standing RRTs, and predesignated OSCs for the coastal zone, as described in § 300.120(a)(1). The USCG maintains continuously manned facilities which can be used for command, control, and surveillance of oil discharges and hazardous substance releases occurring in the coastal zone. The USCG also offers expertise in domestic and international fields of port safety and security, maritime law enforcement, ship navigation and construction, and the manning, operation, and safety of vessels and marine facilities. The USCG may enter into a contract or cooperative agreement with the appropriate state in order to implement a response action.

(2) EPA chairs the NRT and co-chairs, with the USCG, the standing RRTs; provides predesignated OSCs for all inland areas for which an ACP is required under CWA section 311(j) and for discharges and releases occurring in the inland zone and RPMs for remedial actions except as otherwise provided; and generally provides the SSC for responses in the inland zone. EPA provides expertise on human health and ecological effects of oil discharges or releases of hazardous substances, pollutants, or contaminants; ecological and human health risk assessment methods; and environmental pollution control techniques. Access to EPA's scientific expertise can be facilitated through the EPA representative to the Research and Development Committee of the National Response Team; the EPA Office of Research and Development's Superfund Technical Liaisons or Regional Scientists located in EPA Regional offices; or through EPA's Office of Science Planning and Regulatory Evaluation. EPA also provides legal expertise on the interpretation of CERCLA and other environmental statutes. EPA may enter into a contract or cooperative agreement with the appropriate state in order to implement a response action.

(3) FEMA provides guidance, policy and program advice, and technical assistance in hazardous materials, chemical, and radiological emergency preparedness activities (including planning, training, and exercising). FEMA's primary point of contact for administering financial and technical assistance to state and local governments to support their efforts to develop and maintain an effective emergency management and response capability is the Preparedness, Training, and Exercises Directorate.

(4) DOD has responsibility to take all action necessary with respect to releases where either the release is on, or the sole source of the release is from, any facility or vessel under the jurisdiction, custody, or control of DOD. In addition to those capabilities provided by SUPSALV, DOD may also, consistent with its operational requirements and upon request of the OSC, provide locally deployed USN oil spill equipment and provide assistance to other federal agencies on request. The following two branches of DOD have particularly relevant expertise:

(i) The United States Army Corps of Engineers has specialized equipment and personnel for maintaining navigation channels, for removing navigation obstructions, for accomplishing structural repairs, and for performing maintenance to hydropower electric generating equipment. The Corps can also provide design services, perform construction, and provide contract writing and contract administrative services for other federal agencies.

(ii) The U.S. Navy Supervisor of Salvage (SUPSALV) is the branch of service within DOD most knowledgeable and experienced in ship salvage, shipboard damage control, and diving. The USN has an extensive array of specialized equipment and personnel available for use in these areas as well as specialized containment, collection, and removal equipment specifically designed for salvage-related and open-sea pollution incidents.

(5) DOE generally provides designated OSCs/RPMs that are responsible for taking all response actions with respect to releases where either the release is on, or the sole source of the release is from, any facility or vessel under its jurisdiction, custody, or control, including vessels bareboat-chartered and operated. In addition, under the FRERP, DOE provides advice and assistance to other OSCs/RPMs for emergency actions essential for the control of immediate radiological hazards. Incidents that qualify for DOE radiological advice and assistance are those believed to involve source, by-product, or special nuclear material or other ionizing radiation sources, including radium, and other naturally occurring radionuclides, as well as particle accelerators. Assistance is available through direct contact with the appropriate DOE Radiological Assistance Program Regional Office.

(6) The Department of Agriculture (USDA) has scientific and technical capability to measure, evaluate, and monitor, either on the ground or by use of aircraft, situations where natural resources including soil, water, wildlife, and vegetation have been impacted by fire, insects and diseases, floods, hazardous substances, and other natural or man-caused emergencies. The USDA may be contacted through Forest Service emergency staff officers who are the designated members of the RRT. Agencies within USDA have relevant capabilities and expertise as follows:

(i) The Forest Service has responsibility for protection and management of national forests and national grasslands. The Forest Service has personnel, laboratory, and field capability to measure, evaluate, monitor, and control as needed, releases of pesticides and other hazardous substances on lands under its jurisdiction.

(ii) The Agriculture Research Service (ARS) administers an applied and developmental research program in animal and plant protection and production; the use and improvement of soil, water, and air; the processing, storage, and distribution of farm products; and human nutrition. The ARS has the capabilities to provide regulation of, and evaluation and training for, employees exposed to biological, chemical, radiological, and industrial hazards. In emergency situations, the ARS can identify, control, and abate pollution in the areas of air, soil, wastes, pesticides, radiation, and toxic substances for ARS facilities.

(iii) The Soil Conservation Service (SCS) has personnel in nearly every county in the nation who are knowledgeable in soil, agronomy, engineering, and biology. These personnel can help to predict the effects of pollutants on soil and their movements over and through soils. Technical specialists can assist in identifying potential hazardous waste sites and provide review and advice on plans for remedial measures.

(iv) The Animal and Plant Health Inspection Service (APHIS) can respond in an emergency to regulate movement of diseased or infected organisms to prevent the spread and contamination of nonaffected areas.

(v) The Food Safety and Inspection Service (FSIS) has responsibility to prevent meat and poultry products contaminated with harmful substances from entering human food channels. In emergencies, the FSIS works with other federal and state agencies to establish acceptability for slaughter of exposed or potentially exposed animals and their products. In addition they are charged with managing the Federal Radiological Emergency Response Program for the USDA.

(7) DOC, through NOAA, provides scientific support for response and contingency planning in coastal and marine areas, including assessments of the hazards that may be involved, predictions of movement and dispersion of oil and hazardous substances through trajectory modeling, and information on the sensitivity of coastal environments to oil and hazardous substances and associated clean-up and mitigation methods; provides expertise on living marine resources and their habitats, including endangered species, marine mammals and National Marine Sanctuary ecosystems; provides information on actual and predicted meteorological, hydrological, ice, and oceanographic conditions for marine, coastal, and inland waters, and tide and circulation data for coastal and territorial waters and for the Great Lakes.

(8) HHS assists with the assessment, preservation, and protection of human health and helps ensure the availability of essential human services. HHS provides technical and nontechnical assistance in the form of advice, guidance, and resources to other federal agencies as well as state and local governments.

(i) The principal HHS response comes from the U.S. Public Health Service and is coordinated from the Office of the Assistant Secretary for Health, and various Public Health Service regional offices. Within the Public Health Service, the primary response to a hazardous materials emergency comes from Agency for Toxic Substances and Disease Registry (ATSDR) and the Centers for Disease Control (CDC). Both ATSDR and CDC have a 24-hour emergency response capability wherein scientific and technical personnel are available to provide technical assistance to the lead federal agency and state and local response agencies on human health threat assessment and analysis, and exposure prevention and mitigation. Such assistance is used for situations requiring evacuation of affected areas, human exposure to hazardous materials, and technical advice on mitigation and prevention. CDC takes the lead during petroleum releases regulated under the CWA and OPA while ATSDR takes the lead during chemical releases under CERCLA. Both agencies are mutually supportive.

(ii) Other Public Health Service agencies involved in support during hazardous materials incidents either directly or through ATSDR/CDC include the Food and Drug Administration, the Health Resources and Services Administration, the Indian Health Service, and the National Institutes of Health.

(iii) Statutory authority for HHS/National Institutes for Environmental Health Sciences (NIEHS) involvement in hazardous materials accident prevention is non-regulatory in nature and focused on two primary areas for preventing community and worker exposure to hazardous materials releases: Worker safety training and basic research activities. Under section 126 of SARA, NIEHS is given statutory authority for supporting development of curricula and model training programs for waste workers and chemical emergency responders.

Under section 118(b) of the Hazardous Materials Transportation and Uniform Safety Act (HMTUSA) (49 U.S.C. 1802 et seq. ), NIEHS also administers the Hazmat Employee Training Program to prepare curricula and training for hazardous materials transportation workers. In the basic research arena, NIEHS is authorized under section 311 of SARA to conduct a hazardous substance basic research and training program to evaluate toxic effects and assess human health risks from accidental releases of hazardous materials. Under Title IX, section 901(h) of the Clean Air Act Amendments, NIEHS also is authorized to conduct basic research on air pollutants, as well as train physicians in environmental health. Federal research and training in hazardous materials release prevention represents an important non-regulatory activity and supplements ongoing private sector programs.

(9) DOI may be contacted through Regional Environmental Officers (REOs), who are the designated members of RRTs. Department land managers have jurisdiction over the national park system, national wildlife refuges and fish hatcheries, the public lands, and certain water projects in western states. In addition, bureaus and offices have relevant expertise as follows:

(i) United States Fish and Wildlife Service (USFWS) and other Bureaus: Anadromous and certain other fishes and wildlife, including endangered and threatened species, migratory birds, and certain marine mammals; waters and wetlands; and effects on natural resources.

(ii) The National Biological Survey performs research in support of biological resource management; inventories, monitors, and reports on the status and trends in the Nation's biotic resources; and transfers the information gained in research and monitoring to resource managers and others concerned with the care, use, and conservation of the Nation's natural resources. The National Biological Survey has laboratory/research facilities.

(iii) Geological Survey: Geology, hydrology (ground water and surface water), and natural hazards.

(iv) Bureau of Land Management: Minerals, soils, vegetation, wildlife, habitat, archaeology, and wilderness; and hazardous materials.

(v) Minerals Management Service: Oversight of offshore oil and gas exploration and production facilities and associated pipelines and pipeline facilities under the Outer Continental Shelf Lands Act and the CWA; oil spill response technology research; and establishing oil discharge contingency planning requirements for offshore facilities.

(vi) Bureau of Mines: Analysis and identification of inorganic hazardous substances and technical expertise in metals and metallurgy relevant to site cleanup.

(vii) Office of Surface Mining: Coal mine wastes and land reclamation.

(viii) National Park Service: General biological, natural, and cultural resource managers to evaluate, measure, monitor, and contain threats to park system lands and resources; archaeological and historical expertise in protection, preservation, evaluation, impact mitigation, and restoration of cultural resources; emergency personnel.

(ix) Bureau of Reclamation: Operation and maintenance of water projects in the West; engineering and hydrology; and reservoirs.

(x) Bureau of Indian Affairs: Coordination of activities affecting Indian lands; assistance in identifying Indian tribal government officials.

(xi) Office of Territorial Affairs: Assistance in implementing the NCP in American Samoa, Guam, the Pacific Island Governments, the Northern Mariana Islands, and the Virgin Islands.

(10) The Department of Justice (DOJ) can provide expert advice on complicated legal questions arising from discharges or releases, and federal agency responses. In addition, the DOJ represents the federal government, including its agencies, in litigation relating to such discharges or releases. Other legal issues or questions shall be directed to the federal agency counsel for the agency providing the OSC/RPM for the response.

(11) The Department of Labor (DOL), through OSHA and the states operating plans approved under section 18 of the OSH Act, has authority to conduct safety and health inspections of hazardous waste sites to assure that employees are being protected and to determine if the site is in compliance with:

(i) Safety and health standards and regulations promulgated by OSHA (or the states) in accordance with section 126 of SARA and all other applicable standards; and

(ii) Regulations promulgated under the OSH Act and its general duty clause. OSHA inspections may be self-generated, consistent with its program operations and objectives, or may be conducted in response to requests from EPA or another lead agency, or in response to accidents or employee complaints. OSHA may also conduct inspections at hazardous waste sites in those states with approved plans that choose not to exercise their jurisdiction to inspect such sites. On request, OSHA will provide advice and consultation to EPA and other NRT/RRT agencies as well as to the OSC/RPM regarding hazards to persons engaged in response activities. OSHA may also take any other action necessary to assure that employees are properly protected at such response activities. Any questions about occupational safety and health at these sites may be referred to the OSHA Regional Office.

(12) DOT provides response expertise pertaining to transportation of oil or hazardous substances by all modes of transportation. Through the Research and Special Programs Administration (RSPA), DOT offers expertise in the requirements for packaging, handling, and transporting regulated hazardous materials. DOT, through RSPA, establishes oil discharge contingency planning requirements for pipelines, transport by rail and containers or bulk transport of oil.

(13) The Department of State (DOS) will lead in the development of international joint contingency plans. It will also help to coordinate an international response when discharges or releases cross international boundaries or involve foreign flag vessels. Additionally, DOS will coordinate requests for assistance from foreign governments and U.S. proposals for conducting research at incidents that occur in waters of other countries.

(14) The Nuclear Regulatory Commission will respond, as appropriate, to releases of radioactive materials by its licensees, in accordance with the NRC Incident Response Plan (NUREG-0728) to monitor the actions of those licensees and assure that the public health and environment are protected and adequate recovery operations are instituted. The Nuclear Regulatory Commission will keep EPA informed of any significant actual or potential releases in accordance with procedural agreements. In addition, the Nuclear Regulatory Commission will provide advice to the OSC/RPM when assistance is required in identifying the source and character of other hazardous substance releases where the Nuclear Regulatory Commission has licensing authority for activities utilizing radioactive materials.

(15) The General Services Administration (GSA) provides logistic and telecommunications support to federal agencies. During an emergency situation, GSA quickly responds to aid state and local governments as directed by other federal agencies. The type of support provided might include leasing and furnishing office space, setting up telecommunications and transportation services, and advisory assistance.

§ 300.180State and local participation in response.

(a) Each state governor is requested to designate one state office/representative to represent the state on the appropriate RRT. The state's office/representative may participate fully in all activities of the appropriate RRT. Each state governor is also requested to designate a lead state agency that will direct state-lead response operations. This agency is responsible for designating the lead state response official for federal and/or state-lead response actions, and coordinating/communicating with any other state agencies, as appropriate. Local governments are invited to participate in activities on the appropriate RRT as may be provided by state law or arranged by the state's representative. Indian tribes wishing to participate should assign one person or office to represent the tribal government on the appropriate RRT.

(b) Appropriate local and state officials (including Indian tribes) will participate as part of the response structure as provided in the ACP.

(c) In addition to meeting the requirements for local emergency plans under SARA section 303, state and local government agencies are encouraged to include contingency planning for responses, consistent with the NCP, RCP, and ACP in all emergency and disaster planning.

(d) For facilities not addressed under CERCLA or the CWA, states are encouraged to undertake response actions themselves or to use their authorities to compel potentially responsible parties to undertake response actions.

(e) States are encouraged to enter into cooperative agreements pursuant to sections 104 (c)(3) and (d) of CERCLA to enable them to undertake actions authorized under subpart E of the NCP. Requirements for entering into these agreements are included in subpart F of the NCP. A state agency that acts pursuant to such agreements is referred to as the lead agency. In the event there is no cooperative agreement, the lead agency can be designated in a SMOA or other agreement.

(f) Because state and local public safety organizations would normally be the first government representatives at the scene of a discharge or release, they are expected to initiate public safety measures that are necessary to protect public health and welfare and that are consistent with containment and cleanup requirements in the NCP, and are responsible for directing evacuations pursuant to existing state or local procedures.

§ 300.185Nongovernmental participation.

(a) Industry groups, academic organizations, and others are encouraged to commit resources for response operations. Specific commitments should be listed in the RCP and ACP. Those entities required to develop tank vessel and facility response plans under CWA section 311(j) must be able to respond to a worst case discharge to the maximum extent practicable, and shall commit sufficient resources to implement other aspects of those plans in accordance with the requirements of 30 CFR part 254, 33 CFR parts 150, 154, and 155; 40 CFR parts 112 and 118; and 49 CFR parts 171 and 194.

(b) The technical and scientific information generated by the local community, along with information from federal, state, and local governments, should be used to assist the OSC/RPM in devising response strategies where effective standard techniques are unavailable. Such information and strategies will be incorporated into the ACP, as appropriate. The SSC may act as liaison between the OSC/RPM and such interested organizations.

(c) ACPs shall establish procedures to allow for well organized, worthwhile, and safe use of volunteers, including compliance with § 300.150 regarding worker health and safety. ACPs should provide for the direction of volunteers by the OSC/RPM or by other federal, state, or local officials knowledgeable in contingency operations and capable of providing leadership. ACPs also should identify specific areas in which volunteers can be used, such as beach surveillance, logistical support, and bird and wildlife treatment. Unless specifically requested by the OSC/RPM, volunteers generally should not be used for physical removal or remedial activities. If, in the judgment of the OSC/RPM, dangerous conditions exist, volunteers shall be restricted from on-scene operations.

(d) Nongovernmental participation must be in compliance with the requirements of subpart H of this part if any recovery of costs will be sought.

§ 300.200General.

This subpart summarizes emergency preparedness activities relating to discharges of oil and releases of hazardous substances, pollutants, or contaminants; describes the three levels of contingency planning under the national response system; and cross-references state and local emergency preparedness activities under SARA Title III, also known as the “Emergency Planning and Community Right-to-Know Act of 1986” but referred to herein as “Title III.” Regulations implementing Title III are codified at 40 CFR subchapter J.

§ 300.205Planning and coordination structure.

(a) National. As described in § 300.110, the NRT is responsible for national planning and coordination.

(b) Regional. As described in § 300.115, the RRTs are responsible for regional planning and coordination.

(c) Area. As required by section 311(j) of the CWA, under the direction of the federal OSC for its area, Area Committees comprising qualified personnel of federal, state, and local agencies shall be responsible for:

(1) Preparing an ACP for their areas (as described in § 300.210(c));

(2) Working with appropriate federal, state, and local officials to enhance the contingency planning of those officials and to assure pre-planning of joint response efforts, including appropriate procedures for mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental areas, and protection, rescue, and rehabilitation of fisheries and wildlife; and

(3) Working with appropriate federal, state, and local officials to expedite decisions for the use of dispersants and other mitigating substances and devices.

(d) State. As provided by sections 301 and 303 of Title III, the SERC of each state, appointed by the Governor, is to designate emergency planning districts, appoint Local Emergency Planning Committees (LEPCs), supervise and coordinate their activities, and review local emergency response plans, which are described in § 300.215. The SERC also is to establish procedures for receiving and processing requests from the public for information generated by Title III reporting requirements and to designate an official to serve as coordinator for information.

(e) Local. As provided by sections 301 and 303 of Title III, emergency planning districts are designated by the SERC in order to facilitate the preparation and implementation of emergency plans. Each LEPC is to prepare a local emergency response plan for the emergency planning district and establish procedures for receiving and processing requests from the public for information generated by Title III reporting requirements. The LEPC is to appoint a chair and establish rules for the LEPC. The LEPC is to designate an official to serve as coordinator for information and designate in its plan a community emergency coordinator.

(f) As required by section 311(j)(5) of the CWA, a tank vessel, as defined under section 2101 of title 46, U.S. Code, an offshore facility, and an onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or exclusive economic zone must prepare and submit a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance.

(g) The relationship of these plans is described in Figure 4.

§ 300.210Federal contingency plans.

There are three levels of contingency plans under the national response system: The National Contingency Plan, RCPs, and ACPs. These plans are available for inspection at EPA regional offices or USCG district offices. Addresses and telephone numbers for these offices may be found in the United States Government Manual, issued annually, or in local telephone directories.

(a) The National Contingency Plan. The purpose and objectives, authority, and scope of the NCP are described in §§ 300.1 through 300.3.

(b) Regional Contingency Plans. The RRTs, working with the states, shall develop federal RCPs for each standard federal region, Alaska, Oceania in the Pacific, and the Caribbean to coordinate timely, effective response by various federal agencies and other organizations to discharges of oil or releases of hazardous substances, pollutants, or contaminants. RCPs shall, as appropriate, include information on all useful facilities and resources in the region, from government, commercial, academic, and other sources. To the greatest extent possible, RCPs shall follow the format of the NCP and be coordinated with state emergency response plans, ACPs, which are described in § 300.210(c), and Title III local emergency response plans, which are described in § 300.215. Such coordination should be accomplished by working with the SERCs in the region covered by the RCP. RCPs shall contain lines of demarcation between the inland and coastal zones, as mutually agreed upon by USCG and EPA.

(c) Area Contingency Plans. (1) Under the direction of an OSC and subject to approval by the lead agency, each Area Committee, in consultation with the appropriate RRTs, Coast Guard DRGs, the NSFCC, SSCs, LEPCs, and SERCs, shall develop an ACP for its designated area. This plan, when implemented in conjunction with other provisions of the NCP, shall be adequate to remove a worst case discharge under § 300.324, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area.

(2) The areas of responsibility may include several Title III local planning districts, or parts of such districts. In developing the ACP, the OSC shall coordinate with affected SERCs and LEPCs. The ACP shall provide for a well coordinated response that is integrated and compatible, to the greatest extent possible, with all appropriate response plans of state, local, and non-federal entities, and especially with Title III local emergency response plans.

(3) The ACP shall include the following:

(i) A description of the area covered by the plan, including the areas of special economic or environmental importance that might be damaged by a discharge;

(ii) A description in detail of the responsibilities of an owner or operator and of federal, state, and local agencies in removing a discharge, and in mitigating or preventing a substantial threat of a discharge;

(iii) A list of equipment (including firefighting equipment), dispersants, or other mitigating substances and devices, and personnel available to an owner or operator and federal, state, and local agencies, to ensure an effective and immediate removal of a discharge, and to ensure mitigation or prevention of a substantial threat of a discharge (this may be provided in an appendix or by reference to other relevant emergency plans (e.g., state or LEPC plans), which may include such equipment lists);

(iv) A description of procedures to be followed for obtaining an expedited decision regarding the use of dispersants; and

(v) A detailed description of how the plan is integrated into other ACPs and tank vessel, offshore facility, and onshore facility response plans approved by the President, and into operating procedures of the NSFCC.

(4)(i) In order to provide for coordinated, immediate and effective protection, rescue, and rehabilitation of, and minimization of risk of injury to, fish and wildlife resources and habitat, Area Committees shall incorporate into each ACP a detailed annex containing a Fish and Wildlife and Sensitive Environments Plan that is consistent with the RCP and NCP. The annex shall be prepared in consultation with the USFWS and NOAA and other interested natural resource management agencies and parties. It shall address fish and wildlife resources and their habitat, and shall include other areas considered sensitive environments in a separate section of the annex, based upon Area Committee recommendations. The annex will provide the necessary information and procedures to immediately and effectively respond to discharges that may adversely affect fish and wildlife and their habitat and sensitive environments, including provisions for a response to a worst case discharge. Such information shall include the identification of appropriate agencies and their responsibilities, procedures to notify these agencies following a discharge or threat of a discharge, protocols for obtaining required fish and wildlife permits and other necessary permits, and provisions to ensure compatibility of annex-related activities with removal operations.

(ii) The annex shall:

(A) Identify and establish priorities for fish and wildlife resources and their habitats and other important sensitive areas requiring protection from any direct or indirect effects from discharges that may occur. These effects include, but are not limited to, any seasonal or historical use, as well as all critical, special, significant, or otherwise designated protected areas.

(B) Provide a mechanism to be used during a spill response for timely identification of protection priorities of those fish and wildlife resources and habitats and sensitive environmental areas that may be threatened or injured by a discharge. These include as appropriate, not only marine and freshwater species, habitats, and their food sources, but also terrestrial wildlife and their habitats that may be affected directly by onshore oil or indirectly by oil-related factors, such as loss or contamination of forage. The mechanism shall also provide for expeditious evaluation and appropriate consultations on the effects to fish and wildlife, their habitat, and other sensitive environments from the application of chemical countermeasures or other countermeasures not addressed under paragraph (e)(4)(iii).

(C) Identify potential environmental effects on fish and wildlife, their habitat, and other sensitive environments resulting from removal actions or countermeasures, including the option of no removal. Based on this evaluation of potential environmental effects, the annex should establish priorities for application of countermeasure and removal actions to habitats within the geographic region of the ACP. The annex should establish methods to minimize the identified effects on fish and wildlife because of response activities, including, but not limited to: Disturbance of sensitive areas and habitats; illegal or inadvertent taking or disturbance of fish and wildlife or specimens by response personnel; and fish and wildlife, their habitat, and environmentally sensitive areas coming in contact with various cleaning or bioremediation agents. Furthermore, the annex should identify the areas where the movement of oiled debris may pose a risk to resident, transient, or migratory fish and wildlife, and other sensitive environments and should discuss measures to be considered for removing such oiled debris in a timely fashion to reduce such risk.

(D) Provide for pre-approval of application of specific countermeasures or removal actions that, if expeditiously applied, will minimize adverse spill-induced impacts to fish and wildlife resources, their habitat, and other sensitive environments. Such pre-approval plans must be consistent with paragraphs (c)(4)(ii)(B) and (C) of this section and subpart J requirements, and must have the concurrence of the natural resource trustees.

(E) Provide monitoring plan(s) to evaluate the effectiveness of different countermeasures or removal actions in protecting the environment. Monitoring should include “set-aside” or “control” areas, where no mitigative actions are taken.

(F) Identify and plan for the acquisition and utilization of necessary response capabilities for protection, rescue, and rehabilitation of fish and wildlife resources and habitat. This may include appropriately permitted private organizations and individuals with appropriate expertise and experience. The suitable organizations should be identified in cooperation with natural resource law enforcement agencies. Such capabilities shall include, but not be limited to, identification of facilities and equipment necessary for deterring sensitive fish and wildlife from entering oiled areas, and for capturing, holding, cleaning, and releasing injured wildlife. Plans for the provision of such capabilities shall ensure that there is no interference with other OSC removal operations.

(G) Identify appropriate federal and state agency contacts and alternates responsible for coordination of fish and wildlife rescue and rehabilitation and protection of sensitive environments; identify and provide for required fish and wildlife handling and rehabilitation permits necessary under federal and state laws; and provide guidance on the implementation of law enforcement requirements included under current federal and state laws and corresponding regulations. Requirements include, but are not limited to procedures regarding the capture, transport, rehabilitation, and release of wildlife exposed to or threatened by oil, and disposal of contaminated carcasses of wildlife.

(H) Identify and secure the means for providing, if needed, the minimum required OSHA and EPA training for volunteers, including those who assist with injured wildlife.

(I) Define the requirements for evaluating the compatibility between this annex and non-federal response plans (including those of vessels, facilities, and pipelines) on issues affecting fish and wildlife, their habitat, and sensitive environments.

§ 300.211OPA facility and vessel response plans.

This section describes and cross-references the regulations that implement section 311(j)(5) of the CWA. A tank vessel, as defined under section 2101 of title 46, U.S. Code, an offshore facility, and an onshore facility that, because of its location, could reasonably expect to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or exclusive economic zone must prepare and submit a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance. These response plans are required to be consistent with applicable Area Contingency Plans. These regulations are codified as follows:

(a) For tank vessels, these regulations are codified in 33 CFR part 155;

(b) For offshore facilities, these regulations are codified in 30 CFR part 254;

(c) For non-transportation-related onshore facilities, these regulations are codified in 40 CFR 112.20 and 40 CFR part 118;

(d) For transportation-related onshore facilities, these regulations are codified in 33 CFR part 154;

(e) For pipeline facilities, these regulations are codified in 49 CFR part 194; and

(f) For rolling stock, these regulations are codified in 49 CFR part 106 et al.

§ 300.212Area response drills.

The OSC periodically shall conduct drills of removal capability (including fish and wildlife response capability), without prior notice, in areas for which ACPs are required by § 300.210(c) and under relevant tank vessel and facility response plans.

§ 300.215Title III local emergency response plans.

This section describes and cross-references the regulations that implement Title III. These regulations are codified at 40 CFR part 355.

(a) Each LEPC is to prepare an emergency response plan in accordance with section 303 of Title III and review the plan once a year, or more frequently as changed circumstances in the community or at any facility may require. Such Title III local emergency response plans should be closely coordinated with applicable federal ACPs and state emergency response plans.

(b) [Reserved]

§ 300.220Related Title III issues.

Other related Title III requirements are found in 40 CFR part 355.

§ 300.300Phase I—Discovery or notification.

(a) A discharge of oil may be discovered through:

(1) A report submitted by the person in charge of a vessel or facility, in accordance with statutory requirements;

(2) Deliberate search by patrols;

(3) Random or incidental observation by government agencies or the public; or

(4) Other sources.

(b) Any person in charge of a vessel or a facility shall, as soon as he or she has knowledge of any discharge from such vessel or facility in violation of section 311(b)(3) of the CWA, immediately notify the NRC. If direct reporting to the NRC is not practicable, reports may be made to the USCG or EPA predesignated OSC for the geographic area where the discharge occurs. The EPA predesignated OSC may also be contacted through the regional 24-hour emergency response telephone number. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the NRC or predesignated OSC immediately, reports may be made immediately to the nearest Coast Guard unit. In any event such person in charge of the vessel or facility shall notify the NRC as soon as possible.

(c) Any other person shall, as appropriate, notify the NRC of a discharge of oil.

(d) Upon receipt of a notification of discharge, the NRC shall promptly notify the OSC. The OSC shall ensure notification of the appropriate state agency of any state which is, or may reasonably be expected to be, affected by the discharge. The OSC shall then proceed with the following phases as outlined in the RCP and ACP.

§ 300.305Phase II—Preliminary assessment and initiation of action.

(a) The OSC is responsible for promptly initiating a preliminary assessment.

(b) The preliminary assessment shall be conducted using available information, supplemented where necessary and possible by an on-scene inspection. The OSC shall undertake actions to:

(1) Evaluate the magnitude and severity of the discharge or threat to public health or welfare of the United States or the environment;

(2) Assess the feasibility of removal; and

(3) To the extent practicable, identify potentially responsible parties.

(c) Where practicable, the framework for the response management structure is a system (e.g., a unified command system), that brings together the functions of the federal government, the state government, and the responsible party to achieve an effective and efficient response, where the OSC maintains authority.

(d) Except in a case when the OSC is required to direct the response to a discharge that may pose a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the OSC may allow the responsible party to voluntarily and promptly perform removal actions, provided the OSC determines such actions will ensure an effective and immediate removal of the discharge or mitigation or prevention of a substantial threat of a discharge. If the responsible party does conduct the removal, the OSC shall ensure adequate surveillance over whatever actions are initiated. If effective actions are not being taken to eliminate the threat, or if removal is not being properly done, the OSC should, to the extent practicable under the circumstances, so advise the responsible party. If the responsible party does not respond properly the OSC shall take appropriate response actions and should notify the responsible party of the potential liability for federal response costs incurred by the OSC pursuant to the OPA and CWA. Where practicable, continuing efforts should be made to encourage response by responsible parties.

(1) In carrying out a response under this section, the OSC may:

(i) Remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time;

(ii) Direct or monitor all federal, state, and private actions to remove a discharge; and

(iii) Remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.

(2) If the discharge results in a substantial threat to the public health or welfare of the United States (including, but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the OSC must direct all response efforts, as provided in § 300.322(b) of this part. The OSC should declare as expeditiously as practicable to spill response participants that the federal government will direct the response. The OSC may act without regard to any other provision of the law governing contracting procedures or employment of personnel by the federal government in removing or arranging for the removal of such a discharge.

(e) The OSC shall ensure that the natural resource trustees are promptly notified in the event of any discharge of oil, to the maximum extent practicable as provided in the Fish and Wildlife and Sensitive Environments Plan annex to the ACP for the area in which the discharge occurs. The OSC and the trustees shall coordinate assessments, evaluations, investigations, and planning with respect to appropriate removal actions. The OSC shall consult with the affected trustees on the appropriate removal action to be taken. The trustees will provide timely advice concerning recommended actions with regard to trustee resources potentially affected. The trustees also will assure that the OSC is informed of their activities in natural resource damage assessment that may affect response operations. The trustees shall assure, through the lead administrative trustee, that all data from the natural resource damage assessment activities that may support more effective operational decisions are provided in a timely manner to the OSC. When circumstances permit, the OSC shall share the use of non-monetary response resources ( i.e. , personnel and equipment) with the trustees, provided trustee activities do not interfere with response actions. The lead administrative trustee facilitates effective and efficient communication between the OSC and the other trustees during response operations and is responsible for applying to the OSC for non-monetary federal response resources on behalf of all trustees. The lead administrative trustee is also responsible for applying to the NPFC for funding for initiation of damage assessment for injuries to natural resources.

§ 300.310Phase III—Containment, countermeasures, cleanup, and disposal.

(a) Defensive actions shall begin as soon as possible to prevent, minimize, or mitigate threat(s) to the public health or welfare of the United States or the environment. Actions may include but are not limited to: Analyzing water samples to determine the source and spread of the oil; controlling the source of discharge; measuring and sampling; source and spread control or salvage operations; placement of physical barriers to deter the spread of the oil and to protect natural resources and sensitive ecosystems; control of the water discharged from upstream impoundment; and the use of chemicals and other materials in accordance with subpart J of this part to restrain the spread of the oil and mitigate its effects. The ACP prepared under § 300.210(c) should be consulted for procedures to be followed for obtaining an expedited decision regarding the use of dispersants and other products listed on the NCP Product Schedule.

(b) As appropriate, actions shall be taken to recover the oil or mitigate its effects. Of the numerous chemical or physical methods that may be used, the chosen methods shall be the most consistent with protecting public health and welfare and the environment. Sinking agents shall not be used.

(c) Oil and contaminated materials recovered in cleanup operations shall be disposed of in accordance with the RCP, ACP, and any applicable laws, regulations, or requirements. RRT and Area Committee guidelines may identify the disposal options available during an oil spill response and may describe what disposal requirements are mandatory or may not be waived by the OSC. ACP guidelines should address: the sampling, testing, and classifying of recovered oil and oiled debris; the segregation, temporary storage, and stockpiling of recovered oil and oiled debris; prior state disposal approvals and permits; and the routes; methods (e.g. recycle/reuse, on-site burning, incineration, landfilling, etc.); and sites for the disposal of collected oil, oiled debris, and animal carcasses; and procedures for obtaining waivers, exemptions, or authorizations associated with handling or transporting waste materials. The ACPs may identify a hierarchy of preferences for disposal alternatives, with recycling (reprocessing) being the most preferred, and other alternatives preferred based on priorities for health or the environment.

§ 300.315Phase IV—Documentation and cost recovery.

(a) All OSLTF users need to collect and maintain documentation to support all actions taken under the CWA. In general, documentation shall be sufficient to support full cost recovery for resources utilized and shall identify the source and circumstances of the incident, the responsible party or parties, and impacts and potential impacts to public health and welfare and the environment. Documentation procedures are contained in 33 CFR part 136.

(b) When appropriate, documentation shall also be collected for scientific understanding of the environment and for research and development of improved response methods and technology. Funding for these actions is restricted by section 6002 of the OPA.

(c) OSCs shall submit OSC reports to the NRT or RRT, only if requested, as provided by § 300.165.

(d) OSCs shall ensure the necessary collection and safeguarding of information, samples, and reports. Samples and information shall be gathered expeditiously during the response to ensure an accurate record of the impacts incurred. Documentation materials shall be made available to the trustees of affected natural resources. The OSC shall make available to trustees of the affected natural resources information and documentation in the OSC's possession that can assist the trustees in the determination of actual or potential natural resource injuries.

(e) Information and reports obtained by the EPA or USCG OSC shall be transmitted to the appropriate offices responsible for follow-up actions.

§ 300.317National response priorities.

(a) Safety of human life must be given the top priority during every response action. This includes any search and rescue efforts in the general proximity of the discharge and the insurance of safety of response personnel.

(b) Stabilizing the situation to preclude the event from worsening is the next priority. All efforts must be focused on saving a vessel that has been involved in a grounding, collision, fire, or explosion, so that it does not compound the problem. Comparable measures should be taken to stabilize a situation involving a facility, pipeline, or other source of pollution. Stabilizing the situation includes securing the source of the spill and/or removing the remaining oil from the container (vessel, tank, or pipeline) to prevent additional oil spillage, to reduce the need for follow-up response action, and to minimize adverse impact to the environment.

(c) The response must use all necessary containment and removal tactics in a coordinated manner to ensure a timely, effective response that minimizes adverse impact to the environment.

(d) All parts of this national response strategy should be addressed concurrently, but safety and stabilization are the highest priorities. The OSC should not delay containment and removal decisions unnecessarily and should take actions to minimize adverse impact to the environment that begins as soon as a discharge occurs, as well as actions to minimize further adverse environmental impact from additional discharges.

(e) The priorities set forth in this section are broad in nature, and should not be interpreted to preclude the consideration of other priorities that may arise on a site-specific basis.

§ 300.320General pattern of response.

(a) When the OSC receives a report of a discharge, actions normally should be taken in the following sequence:

(1) Investigate the report to determine pertinent information such as the threat posed to public health or welfare of the United States or the environment, the type and quantity of polluting material, and the source of the discharge.

(2) Officially classify the size ( i.e. , minor, medium, major) and type ( i.e. , substantial threat to the public health or welfare of the United States, worst case discharge) of the discharge and determine the course of action to be followed to ensure effective and immediate removal, mitigation, or prevention of the discharge. Some discharges that are classified as a substantial threat to the public health or welfare of the United States may be further classified as a spill of national significance by the Administrator of EPA or the Commandant of the USCG. The appropriate course of action may be prescribed in §§ 300.322, 300.323, and 300.324.

(i) When the reported discharge is an actual or potential major discharge, the OSC shall immediately notify the RRT and the NRC.

(ii) When the investigation shows that an actual or potential medium discharge exists, the OSC shall recommend activation of the RRT, if appropriate.

(iii) When the investigation shows that an actual or potential minor discharge exists, the OSC shall monitor the situation to ensure that proper removal action is being taken.

(3) If the OSC determines that effective and immediate removal, mitigation, or prevention of a discharge can be achieved by private party efforts, and where the discharge does not pose a substantial threat to the public health or welfare of the United States, determine whether the responsible party or other person is properly carrying out removal. Removal is being done properly when:

(i) The responsible party is applying the resources called for in its response plan to effectively and immediately remove, minimize, or mitigate threat(s) to public health and welfare and the environment; and

(ii) The removal efforts are in accordance with applicable regulations, including the NCP. Even if the OSC supplements responsible party resources with government resources, the spill response will not be considered improper, unless specifically determined by the OSC.

(4) Where appropriate, determine whether a state or political subdivision thereof has the capability to carry out any or all removal actions. If so, the OSC may arrange funding to support these actions.

(5) Ensure prompt notification of the trustees of affected natural resources in accordance with the applicable RCP and ACP.

(b) Removal shall be considered complete when so determined by the OSC in consultation with the Governor or Governors of the affected states. When the OSC considers removal complete, OSLTF removal funding shall end. This determination shall not preclude additional removal actions under applicable state law.

§ 300.322Response to substantial threats to public health or welfare of the United States.

(a) As part of the investigation described in § 300.320, the OSC shall determine whether a discharge results in a substantial threat to public health or welfare of the United States (including, but not limited to, fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines 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 discharge, the character of the discharge, and the nature of the threat to public health or welfare of the United States. Upon obtaining such information, the OSC shall conduct an evaluation of the threat posed, based on the OSC's experience in assessing other discharges, and consultation with senior lead agency officials and readily available authorities on issues outside the OSC's technical expertise.

(b) If the investigation by the OSC shows that the discharge poses or may present a substantial threat to public health or welfare of the United States, the OSC shall direct all federal, state, or private actions to remove the discharge or to mitigate or prevent the threat of such a discharge, as appropriate. In directing the response in such cases, the OSC may act without regard to any other provision of law governing contracting procedures or employment of personnel by the federal government to:

(1) Remove or arrange for the removal of the discharge;

(2) Mitigate or prevent the substantial threat of the discharge; and

(3) Remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.

(c) In the case of a substantial threat to public health or welfare of the United States, the OSC shall:

(1) Assess opportunities for the use of various special teams and other assistance described in § 300.145, including the use of the services of the NSFCC, as appropriate;

(2) Request immediate activation of the RRT; and

(3) Take whatever additional response actions are deemed appropriate, including, but not limited to, implementation of the ACP as required by section 311(j)(4) of the CWA or relevant tank vessel or facility response plan required by section 311(j)(5) of the CWA. When requested by the OSC, the lead agency or RRT shall dispatch appropriate personnel to the scene of the discharge to assist the OSC. This assistance may include technical support in the agency's areas of expertise and disseminating information to the public. The lead agency shall ensure that a contracting officer is available on scene, at the request of the OSC.

§ 300.323Spills of national significance.

(a) A discharge may be classified as a spill of national significance (SONS) by the Administrator of EPA for discharges occurring in the inland zone and the Commandant of the USCG for discharges occurring in the coastal zone.

(b) For a SONS in the inland zone, the EPA Administrator may name a senior Agency official to assist the OSC in communicating with affected parties and the public and coordinating federal, state, local, and international resources at the national level. This strategic coordination will involve, as appropriate, the NRT, RRT(s), the Governor(s) of affected state(s), and the mayor(s) or other chief executive(s) of local government(s).

(c) For a SONS in the coastal zone, the USCG Commandant may name a National Incident Commander (NIC) who will assume the role of the OSC in communicating with affected parties and the public, and coordinating federal, state, local, and international resources at the national level. This strategic coordination will involve, as appropriate, the NRT, RRT(s), the Governor(s) of affected state(s), and the mayor(s) or other chief executive(s) of local government(s).

§ 300.324Response to worst case discharges.

(a) If the investigation by the OSC shows that a discharge is a worst case discharge as defined in the ACP, or there is a substantial threat of such a discharge, the OSC shall:

(1) Notify the NSFCC;

(2) Require, where applicable, implementation of the worst case portion of an approved tank vessel or facility response plan required by section 311(j)(5) of the CWA;

(3) Implement the worst case portion of the ACP required by section 311(j)(4) of the CWA; and

(4) Take whatever additional response actions are deemed appropriate.

(b) Under the direction of the OSC, the NSFCC shall coordinate use of private and public personnel and equipment, including strike teams, to remove a worst case discharge and mitigate or prevent a substantial threat of such a discharge.

§ 300.335Funding.

(a) The OSLTF is available under certain circumstances to fund removal of oil performed under section 311 of the CWA. Those circumstances and the procedures for accessing the OSLTF are described in 33 CFR part 136. The responsible party is liable for costs of federal removal and damages in accordance with section 311(f) of the CWA, section 1002 of the OPA, and other federal laws.

(b) Where the OSC requests assistance from a federal agency, that agency may be reimbursed in accordance with the provisions of 33 CFR part 136. Specific interagency reimbursement agreements may be used when necessary to ensure that the federal resources will be available for a timely response to a discharge of oil.

(c) Procedures for funding the initiation of natural resource damage assessment are covered in 33 CFR part 136.

(d) Response actions other than removal, such as scientific investigations not in support of removal actions or law enforcement, shall be provided by the agency with legal responsibility for those specific actions.

(e) The funding of a response to a discharge from a federally owned, operated, or supervised facility or vessel is the responsibility of the owning, operating, or supervising agency if it is a responsible party.

(f) The following agencies have funds available for certain discharge removal actions:

(1) DOD has two specific sources of funds that may be applicable to an oil discharge under appropriate circumstances. This does not consider military resources that might be made available under specific conditions.

(i) Funds required for removal of a sunken vessel or similar obstruction of navigation are available to the Corps of Engineers through Civil Works Appropriations, Operations and Maintenance, General.

(ii) USN may conduct salvage operations contingent on defense operational commitments, when funded by the requesting agency. Such funding may be requested on a direct cite basis.

(2) Pursuant to Title I of the OPA, the state or states affected by a discharge of oil may act where necessary to remove such discharge. Pursuant to 33 CFR part 136 states may be reimbursed from the OSLTF for the reasonable costs incurred in such a removal.

§ 300.400General.

(a) This subpart establishes methods and criteria for determining the appropriate extent of response authorized by CERCLA and CWA section 311(c):

(1) When there is a release of a hazardous substance into the environment; or

(2) When there is a release into the environment of any pollutant or contaminant that may present an imminent and substantial danger to the public health or welfare of the United States.

(b) Limitations on response. Unless the lead agency determines that a release constitutes a public health or environmental emergency and no other person with the authority and capability to respond will do so in a timely manner, a removal or remedial action under section 104 of CERCLA shall not be undertaken in response to a release:

(1) Of a naturally occurring substance in its unaltered form, or altered solely through naturally occurring processes or phenomena, from a location where it is naturally found;

(2) From products that are part of the structure of, and result in exposure within, residential buildings or business or community structures; or

(3) Into public or private drinking water supplies due to deterioration of the system through ordinary use.

(c) Fund-financed action. In determining the need for and in planning or undertaking Fund-financed action, the lead agency shall, to the extent practicable:

(1) Engage in prompt response;

(2) Provide for state participation in response actions, as described in subpart F of this part;

(3) Conserve Fund monies by encouraging private party response;

(4) Be sensitive to local community concerns;

(5) Consider using treatment technologies;

(6) Involve the Regional Response Team (RRT) in both removal and remedial response actions at appropriate decision-making stages;

(7) Encourage the involvement and sharing of technology by industry and other experts; and

(8) Encourage the involvement of organizations to coordinate responsible party actions, foster site response, and provide technical advice to the public, federal and state governments, and industry.

(d) Entry and access. (1) For purposes of determining the need for response, or choosing or taking a response action, or otherwise enforcing the provisions of CERCLA, EPA, or the appropriate federal agency, and a state or political subdivision operating pursuant to a contract or cooperative agreement under CERCLA section 104(d)(1), has the authority to enter any vessel, facility, establishment or other place, property, or location described in paragraph (d)(2) of this section and conduct, complete, operate, and maintain any response actions authorized by CERCLA or these regulations.

(2)(i) Under the authorities described in paragraph (d)(1) of this section, EPA, or the appropriate federal agency, and a state or political subdivision operating pursuant to a contract or cooperative agreement under CERCLA section 104(d)(1), may enter:

(A) Any vessel, facility, establishment, or other place or property where any hazardous substance or pollutant or contaminant may be or has been generated, stored, treated, disposed of, or transported from;

(B) Any vessel, facility, establishment, or other place or property from which, or to which, a hazardous substance or pollutant or contaminant has been, or may have been, released or where such release is or may be threatened;

(C) Any vessel, facility, establishment, or other place or property where entry is necessary to determine the need for response or the appropriate response or to effectuate a response action; or

(D) Any vessel, facility, establishment, or other place, property, or location adjacent to those vessels, facilities, establishments, places, or properties described in paragraphs (d)(2)(i)(A), (B), or (C) of this section.

(ii) Once a determination has been made that there is a reasonable basis to believe that there has been or may be a release, EPA, or the appropriate federal agency, and a state or political subdivision operating pursuant to a contract or cooperative agreement under CERCLA section 104(d)(1), is authorized to enter all vessels, facilities, establishments, places, properties, or locations specified in paragraph (d)(2)(i) of this section, at which the release is believed to be, and all other vessels, facilities, establishments, places, properties, or locations identified in paragraph (d)(2)(i) of this section that are related to the response or are necessary to enter in responding to that release.

(3) The lead agency may designate as its representative solely for the purpose of access, among others, one or more potentially responsible parties, including representatives, employees, agents, and contractors of such parties. EPA, or the appropriate federal agency, may exercise the authority contained in section 104(e) of CERCLA to obtain access for its designated representative. A potentially responsible party may only be designated as a representative of the lead agency where that potentially responsible party has agreed to conduct response activities pursuant to an administrative order or consent decree.

(4)(i) If consent is not granted under the authorities described in paragraph (d)(1) of this section, or if consent is conditioned in any manner, EPA, or the appropriate federal agency, may issue an order pursuant to section 104(e)(5) of CERCLA directing compliance with the request for access made under § 300.400(d)(1). EPA or the appropriate federal agency may ask the Attorney General to commence a civil action to compel compliance with either a request for access or an order directing compliance.

(ii) EPA reserves the right to proceed, where appropriate, under applicable authority other than CERCLA section 104(e).

(iii) The administrative order may direct compliance with a request to enter or inspect any vessel, facility, establishment, place, property, or location described in paragraph (d)(2) of this section.

(iv) Each order shall contain:

(A) A determination by EPA, or the appropriate federal agency, that it is reasonable to believe that there may be or has been a release or threat of a release of a hazardous substance or pollutant or contaminant and a statement of the facts upon which the determination is based;

(B) A description, in light of CERCLA response authorities, of the purpose and estimated scope and duration of the entry, including a description of the specific anticipated activities to be conducted pursuant to the order;

(C) A provision advising the person who failed to consent that an officer or employee of the agency that issued the order will be available to confer with respondent prior to effective date of the order; and

(D) A provision advising the person who failed to consent that a court may impose a penalty of up to $25,000 per day for unreasonable failure to comply with the order. The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in § 19.4.

(v) Orders shall be served upon the person or responsible party who failed to consent prior to their effective date. Force shall not be used to compel compliance with an order.

(vi) Orders may not be issued for any criminal investigations.

(e) Permit requirements. (1) No federal, state, or local permits are required for on-site response actions conducted pursuant to CERCLA sections 104, 106, 120, 121, or 122. The term 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.

(2) Permits, if required, shall be obtained for all response activities conducted off-site.

(f) Health assessments. Health assessments shall be performed by ATSDR at facilities on or proposed to be listed on the NPL and may be performed at other releases or facilities in response to petitions made to ATSDR. Where available, these health assessments may be used by the lead agency to assist in determining whether response actions should be taken and/or to identify the need for additional studies to assist in the assessment of potential human health effects associated with releases or potential releases of hazardous substances.

(g) Identification of applicable or relevant and appropriate requirements. (1) The lead and support agencies shall identify requirements applicable to the release or remedial action contemplated based upon an objective determination of whether the requirement specifically addresses a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance found at a CERCLA site.

(2) If, based upon paragraph (g)(1) of this section, it is determined that a requirement is not applicable to a specific release, the requirement may still be relevant and appropriate to the circumstances of the release. In evaluating relevance and appropriateness, the factors in paragraphs (g)(2)(i) through (viii) of this section shall be examined, where pertinent, to determine whether a requirement addresses problems or situations sufficiently similar to the circumstances of the release or remedial action contemplated, and whether the requirement is well-suited to the site, and therefore is both relevant and appropriate. The pertinence of each of the following factors will depend, in part, on whether a requirement addresses a chemical, location, or action. The following comparisons shall be made, where pertinent, to determine relevance and appropriateness:

(i) The purpose of the requirement and the purpose of the CERCLA action;

(ii) The medium regulated or affected by the requirement and the medium contaminated or affected at the CERCLA site;

(iii) The substances regulated by the requirement and the substances found at the CERCLA site;

(iv) The actions or activities regulated by the requirement and the remedial action contemplated at the CERCLA site;

(v) Any variances, waivers, or exemptions of the requirement and their availability for the circumstances at the CERCLA site;

(vi) The type of place regulated and the type of place affected by the release or CERCLA action;

(vii) The type and size of structure or facility regulated and the type and size of structure or facility affected by the release or contemplated by the CERCLA action;

(viii) Any consideration of use or potential use of affected resources in the requirement and the use or potential use of the affected resource at the CERCLA site.

(3) In addition to applicable or relevant and appropriate requirements, the lead and support agencies may, as appropriate, identify other advisories, criteria, or guidance to be considered for a particular release. The “to be considered” (TBC) category consists of advisories, criteria, or guidance that were developed by EPA, other federal agencies, or states that may be useful in developing CERCLA remedies.

(4) Only those state standards that are promulgated, are identified by the state in a timely manner, and are more stringent than federal requirements may be applicable or relevant and appropriate. For purposes of identification and notification of promulgated state standards, the term promulgated means that the standards are of general applicability and are legally enforceable.

(5) The lead agency and support agency shall identify their specific requirements that are applicable or relevant and appropriate for a particular site. These agencies shall notify each other, in a timely manner as described in § 300.515(d), of the requirements they have determined to be applicable or relevant and appropriate. When identifying a requirement as an ARAR, the lead agency and support agency shall include a citation to the statute or regulation from which the requirement is derived.

(6) Notification of ARARs shall be according to procedures and timeframes specified in § 300.515 (d)(2) and (h)(2).

(h) Oversight. The lead agency may provide oversight for actions taken by potentially responsible parties to ensure that a response is conducted consistent with this part. The lead agency may also monitor the actions of third parties preauthorized under subpart H of this part. EPA will provide oversight when the response is pursuant to an EPA order or federal consent decree.

(i) Other. (1) This subpart does not establish any preconditions to enforcement action by either the federal or state governments to compel response actions by potentially responsible parties.

(2) While much of this subpart is oriented toward federally funded response actions, this subpart may be used as guidance concerning methods and criteria for response actions by other parties under other funding mechanisms. Except as provided in subpart H of this part, nothing in this part is intended to limit the rights of any person to seek recovery of response costs from responsible parties pursuant to CERCLA section 107.

(3) Activities by the federal and state governments in implementing this subpart are discretionary governmental functions. This subpart does not create in any private party a right to federal response or enforcement action. This subpart does not create any duty of the federal government to take any response action at any particular time.

§ 300.405Discovery or notification.

(a) A release may be discovered through:

(1) A report submitted in accordance with section 103(a) of CERCLA, i.e. , reportable quantities codified at 40 CFR part 302;

(2) A report submitted to EPA in accordance with section 103(c) of CERCLA;

(3) Investigation by government authorities conducted in accordance with section 104(e) of CERCLA or other statutory authority;

(4) Notification of a release by a federal or state permit holder when required by its permit;

(5) Inventory or survey efforts or random or incidental observation reported by government agencies or the public;

(6) Submission of a citizen petition to EPA or the appropriate federal facility requesting a preliminary assessment, in accordance with section 105(d) of CERCLA;

(7) A report submitted in accordance with section 311(b)(5) of the CWA; and

(8) Other sources.

(b) Any person in charge of a vessel or a facility shall report releases as described in paragraph (a)(1) of this section to the National Response Center (NRC). If direct reporting to the NRC is not practicable, reports may be made to the United States Coast Guard (USCG) on-scene coordinator (OSC) for the geographic area where the release occurs. The EPA predesignated OSC may also be contacted through the regional 24-hour emergency response telephone number. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the NRC or predesignated OSC immediately, reports may be made immediately to the nearest USCG unit. In any event, such person in charge of the vessel or facility shall notify the NRC as soon as possible.

(c) All other reports of releases described under paragraph (a) of this section, except releases reported under paragraphs (a)(2) and (6) of this section, shall, as appropriate, be made to the NRC.

(d) The NRC will generally need information that will help to characterize the release. This will include, but not be limited to: Location of the release; type(s) of material(s) released; an estimate of the quantity of material released; possible source of the release; and date and time of the release. Reporting under paragraphs (b) and (c) of this section shall not be delayed due to incomplete notification information.

(e) Upon receipt of a notification of a release, the NRC shall promptly notify the appropriate OSC. The OSC shall notify the Governor, or designee, of the state affected by the release.

(f)(1) When the OSC is notified of a release that may require response pursuant to § 300.415(b), a removal site evaluation shall, as appropriate, be promptly undertaken pursuant to § 300.410.

(2) When notification indicates that removal action pursuant to § 300.415(b) is not required, a remedial site evaluation shall, if appropriate, be undertaken by the lead agency pursuant to § 300.420, if one has not already been performed.

(3) If radioactive substances are present in a release, the EPA Radiological Response Coordinator should be notified for evaluation and assistance either directly or via the NRC, consistent with §§ 300.130(e) and 300.145(f).

(g) Release notification made to the NRC under this section does not relieve the owner/operator of a facility from any obligations to which it is subject under SARA Title III or state law. In particular, it does not relieve the owner/operator from the requirements of section 304 of SARA Title III and 40 CFR part 355 and § 300.215(f) of this part for notifying the community emergency coordinator for the appropriate local emergency planning committee of all affected areas and the state emergency response commission of any state affected that there has been a release. Federal agencies are not legally obligated to comply with the requirements of Title III of SARA.

§ 300.410Removal 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 § 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 § 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.

(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 § 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 § 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 § 300.415 is not required, but that remedial action under § 300.430 may be necessary, the lead agency shall, as appropriate, initiate a remedial site evaluation pursuant to § 300.420.

§ 300.411Response to CWA hazardous substance worst case discharges.

(a) If the investigation by the OSC shows that a discharge is a worst case discharge as defined in the ACP, or there is a substantial threat of such a discharge, the OSC shall:

(1) Notify the NSFCC;

(2) Require, where applicable, implementation of the worst case portion of an approved facility response plan required by CWA section 311(j)(5);

(3) Implement the worst case portion of the ACP required by CWA section 311(j)(4); and

(4) Take whatever additional response actions are deemed appropriate.

(b) Under the direction of the OSC, the NSFCC shall coordinate use of private and public personnel and equipment, including strike teams, to respond to a worst case discharge and mitigate or prevent a substantial threat of such a discharge.

83 sections

Cite this law

NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-40-part-300

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