42 CFR §90.5

1. (a)Upon receipt of a request for a health assessment submitted under this part, ATSDR will determine, in its discretion, whether or not there is a reasonable basis to justify conducting a health assessment. ATSDR will base this determination on, among other factors:
   1. (1)Whether individuals have been exposed to a hazardous substance, for which the probable source of such exposure is a release;
   2. (2)The location, concentration, and toxicity of the hazardous substances;
   3. (3)The potential for further human exposure;
   4. (4)The recommendations of other governmental agencies; and
   5. (5)The ATSDR resources available and other ATSDR priorities, such as its responsibilities to conduct other health assessments and health effects studies.
2. (b)Where appropriate, ATSDR will request information from other Federal, State, and local governmental agencies, as well as other persons, pertaining to a facility or release which is the subject of a request from the public to ATSDR to conduct a health assessment.
3. (c)The requestor will be notified in writing of ATSDR's determination that either a health assessment will be performed, a health assessment will not be performed, or that further information concerning the facility or release is required before a decision can be made whether a health assessment will be performed.
4. (d)If a health assessment is not initiated in response to a request from the public, ATSDR shall provide a written explanation to the requestor of why a health assessment is not appropriate.