40 C.F.R. § 300.2

Authority and applicability

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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.

Notes of Decisions

Cited in 7 cases, 1987–2018 · leading case: United States v. W.R. Grace & Co. Kootenai Dev., Corp. W.R. Grace & Co. Conn., 429 F.3d 1224 (9th Cir. 2005).

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United States v. W.R. Grace & Co. Kootenai Dev., Corp. W.R. Grace & Co. Conn., 429 F.3d 1224 (9th Cir. 2005). “40 C.F.R. § 300.2 explains that the President delegated to the EPA "the responsibility for the amendment of the[National Contingency Plan].”

New Mexico ex rel. N.M. Env't Dep't v. U.S. Envtl. Prot. Agency, 310 F. Supp. 3d 1230 (D.N.M. 2018). “Way's directive[ ] was a recipe for disaster." [Doc.”

City of Philadelphia v. Stepan Chem. Co., 748 F. Supp. 283 (E.D. Pa. 1990). “Randolph); 40 C.F.R. § 300.2 (section 2 of the 1982 NCP).”

United States v. Iron Mountain Mines, 724 F. Supp. 2d 1086 (E.D. Cal. 2010). “40 C.F.R. § 300.2 . In a CERCLA cost recovery action, the government must first establish a prima facie case for recovery.”

Linemaster Switch Corp. v. United States Env't Prot. Agency, 938 F.2d 1299 (D.C. Cir. 1991). “EPA, to whom the President has delegated his statutory responsibility for the NCP, see 40 C.F.R. § 300.2 (1990), developed the Hazard Ranking System, a scientific model for estimating the human health and environmental risks posed by observed or threatened releases of hazardous…”

Eagle-Picher Indus., Inc. v. United States Env't Prot. Agency, 822 F.2d 132 (D.C. Cir. 1987). “12,316; see 40 C.F.R. § 300.2 (1985). . The petitioners are: in No.”

United States v. Grace & Co. (9th Cir. 2005). “20 40 C.F.R. § 300.2 explains that the President delegated to the EPA “the responsibility for the amendment of the [National Contingency Plan].”

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