C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER J—SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS › PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN › Subpart F—State Involvement in Hazardous Substance Response

40 C.F.R. § 300.500

General

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(a) EPA shall ensure meaningful and substantial state involvement in hazardous substance response as specified in this subpart. EPA shall provide an opportunity for state participation in removal, pre-remedial, remedial, and enforcement response activities. EPA shall encourage states to enter into an EPA/state Superfund Memorandum of Agreement (SMOA) under § 300.505 to increase state involvement and strengthen the EPA/state partnership.

(b) EPA shall encourage states to participate in Fund-financed response in two ways. Pursuant to § 300.515(a), states may either assume the lead through a cooperative agreement for the response action or may be the support agency in EPA-lead remedial response. Section 300.515 sets forth requirements for state involvement in EPA-lead remedial and enforcement response and also addresses comparable requirements for EPA involvement in state-lead remedial and enforcement response. Section 300.520 specifies requirements for state involvement in EPA-lead enforcement negotiations. Section 300.525 specifies requirements for state involvement in removal actions. In addition to the requirements set forth in this subpart, 40 CFR part 35, subpart O, “Cooperative Agreements and Superfund State Contracts for Superfund Response Actions,” contains further requirements for state participation during response.

Notes of Decisions
Cited in 2 cases, 1993–2013 · leading case: State of Ohio v. United States Env't Prot. Agency, 997 F.2d 1520 (D.C. Cir. 1993).
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State of Ohio v. United States Env't Prot. Agency, 997 F.2d 1520 (D.C. Cir. 1993). “The NCP regulations pertaining to state participation in CERCLA response actions are contained in Subpart F, 40 C.F.R. §§ 300.500 -.525 (1991). See 55 Fed.”
United States v. NCR Corp., 960 F. Supp. 2d 793 (E.D. Wis. 2013). “Such agreements are governed by Subpart F of the NCP, 40 C.F.R. §§ 300.500 to 300.525, as well as Subpart O, 40 C.”
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