---
kind: "section"
citation: "42 C.F.R. § 90.5"
title: "42"
number: "90.5"
heading: "Acting on requests."
url: "https://uscodex.org/cfr/42/90.5"
---

# §90.5. Acting on requests.

- (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) Whether individuals have been exposed to a hazardous substance, for which the probable source of such exposure is a release;
  - (2) The location, concentration, and toxicity of the hazardous substances;
  - (3) The potential for further human exposure;
  - (4) The recommendations of other governmental agencies; and
  - (5) The ATSDR resources available and other ATSDR priorities, such as its responsibilities to conduct other health assessments and health effects studies.
- (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.
- (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.
- (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.

## Notes

### Authority

Authority: 42 U.S.C. 9615; 42 U.S.C. 6939a(c).

### Source

Source: 55 FR 5138, Feb. 13, 1990, unless otherwise noted.