Subpart B -- Responsibility and Organization for
Response
Sec.
300.100 Duties of President delegated to federal agencies.
300.105 General organization concepts.
300.110 National Response Team.
300.115 Regional Response Teams.
300.120 On-scene coordinators and remedial project managers: general
responsibilities.
300.125 Notification and communications.
300.130 Determinations to initiate response and special conditions.
300.135 Response operations.
300.140 Multi-regional responses.
300.145 Special teams and other assistance available to OSCs/RPMs.
300.150 Worker health and safety.
300.155 Public information and community relations.
300.160 Documentation and cost recovery.
300.165 OSC reports.
300.170 Federal agency participation.
300.175 Federal agencies: additional responsibilities and assistance.
300.180 State and local participation in response.
300.185 Nongovernmental participation.
Return to 40 CFR 300 - Main Menu
§300.100
In Executive Order 11735 and Executive Order 12580, the President delegated certain
functions and responsibilities vested in him by the CWA and CERCLA, respectively.
RETURN TO THE TOP
§300.105
(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
and 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 National Response Team (NRT), responsible for national response and preparedness
planning, for coordinating regional planning, and for providing policy guidance and
support to the Regional Response Teams. NRT membership consists of representatives from
the agencies specified in §300.175.
(2) Regional Response Teams (RRTs), responsible for regional planning and preparedness
activities before response actions, and for providing advice and support to the on-scene
coordinator (OSC) or remedial project manager (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.
(d)(1) The organizational concepts of the national response system are depicted in the
following Figure 1:
(2) The standard federal regional boundaries (which are also the geographic areas of
responsibility for the Regional Response Teams) are shown in the following Figure 2:
(3) The USCG District boundaries are shown in the following Figure 3:
RETURN TO THE TOP
§300.110
National planning and coordination is accomplished through the National Response Team
(NRT).
(a) The NRT consists of representatives from the agencies named in §300.175. 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 OSC 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 may recommend revisions to
the NCP.
(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 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 and avoid duplication of effort;
(7) Developing recommendations for response training and for enhancing the coordination of
available resources among agencies with training responsibilities under the NCP; and
(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.
(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 significant threat to public health or welfare or the environment,
substantial amounts of property, or substantial threats to natural resources; or
(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.
RETURN TO THE TOP
§300.115
(a) Regional planning and coordination of preparedness and response actions is
accomplished through the RRT. The RRT agency membership parallels that of the NRT, as
described in §300.110, but also includes state and local representation. The RRT provides
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.
(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.
(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 Regional Contingency Plan (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 OSC contingency plan.
(g) RRT members should designate appropriately qualified representatives from their
agencies to work with OSCs in developing and maintaining OSC contingency plans, described
in §300.210, that provide for use of agency resources in responding to discharges and
releases.
(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 and OSCs in developing
RCPs and OSC contingency plans; 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(c),
apprised of RRT activities and coordinate RRT activities with the SERC. Local governments
and Indian tribes are invited to participate in activities on the appropriate RRT as
provided by state law or as arranged by the state's representative.
(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 OSC contingency plans 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 OSC contingency plans are effective;
(5) Encourage the state and local response community to improve its preparedness for
response;
(6) Conduct advance planning for use of dispersants, surface collection agents, burning
agents, biological additives, 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 and consider changes in RCPs and OSC contingency plans; and
(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.
(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; or
(iii) May pose a substantial threat to the public health or welfare or the environment, or
to regionally significant amounts of property. 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, or a question concerning interpretation of the NCP,
or there is 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.
RETURN TO THE TOP
§300.120
(a) The OSC/RPM directs response efforts and coordinates all other 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 (b) and
(c) 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 (b) and (c) 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
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) 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.
(c) 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.
(d) The OSC is responsible for developing any OSC contingency plans for the federal
response in the area of the OSC's responsibility. The planning shall, as appropriate, be
accomplished in cooperation with the RRT, described in §300.115, and designated state and
local representatives. The OSC coordinates, directs, and reviews the work of other
agencies, 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.
(e) 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, 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.
(f)(1) Where a support agency has been identified through a cooperative 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.
(g)(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.
RETURN TO THE TOP
§300.125
(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 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 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 or evacuation 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.
RETURN TO THE TOP
§300.130
(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 response activities when the
Administrator or Secretary determines that:
(1) Any oil is discharged from any vessel or offshore or onshore facility into or upon the
navigable waters of the United States, adjoining shorelines, or into or upon the waters of
the contiguous zone, or in connection with activities under the Outer Continental Shelf
Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources
belonging to, appertaining to, or under exclusive management authority of the United
States;
(2) 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; or
(3) A marine disaster in or upon the navigable waters of the United States has created a
substantial threat of a pollution hazard to the public health or welfare because of a
discharge or release, or an imminent discharge or release, from a vessel of large
quantities of oil or hazardous substances designated pursuant to section 311(b)(2)(A) of
the CWA.
(c) Whenever there is such a marine disaster, the Administrator of EPA or Secretary of the
Department in which the USCG is operating may:
(1) Coordinate and direct all public and private efforts to abate the threat; and
(2) Summarily remove and, if necessary, destroy the vessel by whatever means are available
without regard to any provisions of law governing the employment of personnel or the
expenditure of appropriated funds.
(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 necessary to abate a threat if the Administrator or
Secretary determines:
(1) That there is an imminent and substantial threat to the public health or welfare or
the environment because of discharge of oil from any 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 or the environment because of a release of a 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 Federal Radiological Emergency Response Plan (FRERP) (50 FR 46542, November 8,
1985) is the appropriate plan.
(g) Removal actions involving nuclear weapons should be conducted in accordance with the
joint Department of Defense, Department of Energy, and Federal Emergency Management Agency
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 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.
RETURN TO THE TOP
§300.135
(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; the
pathways to human and environmental exposure; the potential impact on human health,
welfare, and safety and the environment; 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 CWA section 311(k) or CERCLA funds unless an
appropriate contract or cooperative agreement has been established.
(e) The OSC/RPM should consult regularly with the RRT in carrying out the NCP and keep the
RRT 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 shall immediately notify FEMA of situations potentially requiring
evacuation, temporary housing, or permanent relocation. In addition, the OSC/RPM shall
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 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 advice on
worker health and safety problems.
(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) The OSC/RPM shall promptly notify the trustees for natural resources of discharges or
releases that are injuring or may injure natural resources under their jurisdiction. The
OSC or RPM shall seek to coordinate all response activities with the natural resource
trustees.
(k) Where the OSC/RPM becomes aware that a discharge or release may adversely affect any
endangered or threatened species, or result in destruction or adverse modification of the
habitat of such species, the OSC/RPM should consult with the DOI or DOC (NOAA).
(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.
RETURN TO THE TOP
§300.140
(a) If a discharge or release moves from the area covered by one RCP or OSC contingency
plan into another area, the authority for response actions should likewise shift. If a
discharge or release affects areas covered by two or more RCPs, the response mechanisms of
both may be activated. In this case, response actions of all regions concerned shall be
fully coordinated as detailed in the RCPs.
(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 federal agency, as appropriate.
RETURN TO THE TOP
§300.145
(a) Strike Teams, collectively known as the National Strike Force (NSF), are established
by the USCG on the Pacific coast and Gulf coast (covering the Atlantic and Gulf coast
regions), to provide assistance to the OSC/RPM.
(1) Strike Teams can provide communications support, advice, and assistance for oil and
hazardous substances removal. These teams also have knowledge of shipboard damage control,
are equipped with specialized containment and removal equipment, and have rapid
transportation available. When possible, the Strike Teams will provide training for
emergency task forces to support OSCs/RPMs and assist in the development of RCPs and OSC
contingency plans.
(2) The OSC/RPM may request assistance from the Strike Teams. Requests for a team may be
made directly to the Commanding Officer of the appropriate team, the USCG member of the
RRT, the appropriate USCG Area Commander, or the Commandant of the USCG through the NRC.
(b) Each USCG OSC manages emergency task forces trained to evaluate, monitor, and
supervise pollution responses. Additionally, they have limited "initial aid''
response capability to deploy equipment prior to the arrival of a cleanup contractor or
other response personnel.
(c)(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.
(d) Scientific support coordinators (SSCs) are available, at the request of OSCs/RPMs, to
assist with actual or potential responses to discharges of oil or releases of hazardous
substances, pollutants, or contaminants. The SSC will also provide scientific support for
the development of RCPs and OSC contingency plans. Generally, SSCs are provided by NOAA in
coastal and marine areas, and by EPA in inland regions. In the case of NOAA, SSCs may be
supported in the field by a team providing, as necessary, expertise in chemistry,
trajectory modeling, natural resources at risk, and data management.
(1) During a response, the SSC serves under the direction of the OSC/RPM and is
responsible for providing scientific support for operational decisions and for
coordinating on-scene scientific activity. Depending on the nature of the incident, the
SSC can be expected to provide certain specialized scientific skills and to work with
governmental agencies, universities, community representatives, and industry to compile
information that would assist the OSC/RPM in assessing the hazards and potential effects
of discharges and releases and in developing response strategies.
(2) If requested by the OSC/RPM, the SSC will serve as the principal liaison for
scientific information and will facilitate communications to and from the scientific
community on response issues. The SSC, in this role, will strive for a consensus on
scientific issues surrounding the response but will also ensure that any differing
opinions within the community are communicated to the OSC/RPM.
(3) The SSC will assist the OSC/RPM in responding to requests for assistance from state
and federal agencies regarding scientific studies and environmental assessments. Details
on access to scientific support shall be included in the RCPs.
(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 Assistance Teams (RATs) 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. Radiological Assistance Teams 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 to the Radiological Response Coordinator in the EPA
Office of Radiation Programs. Assistance is also available from the Department of Energy
and other federal agencies.
(g) The USCG Public Information Assist Team (PIAT) is available to assist OSCs/RPMs and
regional or district offices to meet the demands for public information and participation.
Its use is encouraged any time the OSC/RPM requires outside public affairs support.
Requests for the PIAT may be made through the NRC.
RETURN TO THE TOP
§300.150
(a) Response actions under the NCP will comply with the provisions for response action
worker safety and health in 29 CFR §1910.120.
(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 OSH
Act and state OSH laws.
(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 Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.) (OSH Act) and of state laws with plans approved under section
18 of the OSH Act (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.
RETURN TO THE TOP
§300.155
(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.
(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.
(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.
RETURN TO THE TOP
§300.160
(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. In addition, OSCs
shall submit reports as required under §300.165.
(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.
RETURN TO THE TOP
§300.165
(a) Within one year after completion of removal
activities at a major discharge of oil, a major release of a hazardous substance,
pollutant, or contaminant, or when requested by the RRT, the OSC/RPM shall submit to the
RRT a complete report on the removal operation and the actions taken. The OSC/RPM shall at
the same time send a copy of the report to the Secretary of the NRT. 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.
(c) The format for the OSC report shall be as follows:
(1) Summary of Events -- a chronological narrative of all events, including:
(i) The location of the hazardous substance, pollutant, or contaminant release or oil
discharge, including, for oil discharges, an indication of whether the discharge was in
connection with activities regulated under the Outer Continental Shelf Lands Act (OCSLA),
the Trans-Alaska Pipeline Authorization Act, or the Deepwater Port Act;
(ii) The cause of the discharge or release;
(iii) The initial situation;
(iv) Efforts to obtain response by responsible parties;
(v) The organization of the response, including state participation;
(vi) The resources committed;
(vii) Content and time of notice to natural resource trustees relating injury or possible
injury to natural resources;
(viii) Federal or state trustee damage assessment activities and efforts to replace or
restore damaged natural resources;
(ix) Details of any threat abatement action taken under CERCLA or under section 311(c) or
(d) of the CWA;
(x) Treatment/disposal/alternative technology approaches pursued and followed; and
(xi) Public information/community relations activities.
(2) Effectiveness of removal actions taken by:
(i) The responsible party(ies);
(ii) State and local forces;
(iii) Federal agencies and special teams; and
(iv) Contractors, private groups, and volunteers, if applicable.
(3) Difficulties Encountered -- A list of items that affected the response, with
particular attention to issues of intergovernmental coordination.
(4) Recommendations -- OSC/RPM recommendations, including at a minimum:
(i) Means to prevent a recurrence of the discharge or release;
(ii) Improvement of response actions; and
(iii) Any recommended changes in the NCP, RCP, OSC contingency plan, and, as appropriate,
plans developed under section 303 of SARA and other local emergency response plans.
RETURN TO THE TOP
§300.170
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 rehabilitation,
restoration, or replacement of natural resources injured or lost as a result of such
discharge or release as described in subpart G of this part. The NRT and RRT
organizational structure, and the NCP, federal regional contingency plans (RCPs), and OSC
contingency plans, 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, and OSCs/RPMs.
(2) Provide representatives to the NRT and RRTs and otherwise assist RRTs and OSCs, as
necessary, in formulating RCPs and OSC contingency plans.
(3) Inform the NRT and RRTs, 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
or discharges of oil from vessels under their jurisdiction or control to the NRC.
RETURN TO THE TOP
§300.175
(a) During preparedness planning or in an actual response, various 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) The United States Coast Guard (USCG), as provided in 14 U.S.C. 1-3, is an agency in
the Department of Transportation (DOT), except when operating as an agency in the United
States Navy 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 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) The Environmental Protection Agency (EPA) chairs the NRT and co-chairs, with the USCG,
the standing RRTs; provides predesignated OSCs for 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 environmental effects of oil discharges or releases
of hazardous substances, pollutants, or contaminants, and environmental pollution control
techniques. 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) The Federal Emergency Management Agency (FEMA) provides guidance, policy and program
advice, and technical assistance in hazardous materials and radiological emergency
preparedness activities (planning, training, and exercising). In a response, FEMA provides
advice and assistance to the lead agency on coordinating relocation assistance and
mitigation efforts with other federal agencies, state and local governments, and the
private sector. FEMA may enter into a contract or cooperative agreement with the
appropriate state or political subdivision in order to implement relocation assistance in
a response. In the event of a hazardous materials incident at a major disaster or
emergency declared by the President, the lead agency shall coordinate hazardous materials
response with the Federal Coordinating Officer (FCO) appointed by the President.
(4) The Department of Defense (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. DOD may
also, consistent with its operational requirements and upon request of the OSC, provide
locally deployed United States Navy 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 obstruction, 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 United States Navy (USN) is the federal agency 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) The Department of Energy (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 Federal Radiological Emergency Response Plan (FRERP), DOE provides
advice and assistance to other OSCs/RPMs for emergency actions essential for the control
of immediate 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 Coordinating 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 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) The Department of Commerce (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; 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) The Department of Health and Human Services (HHS) is responsible for providing
assistance on matters related to the assessment of health hazards at a response, and
protection of both response workers and the public's health. HHS is delegated authorities
under section 104(b) of CERCLA relating to a determination that illness, disease, or
complaints thereof may be attributable to exposure to a hazardous substance, pollutant, or
contaminant. HHS programs and services may be carried out through grants, contracts, or
agreements. The basic research programs shall be coordinated with the Superfund research,
demonstration, and development program conducted by EPA and DOD through the mechanisms
provided for in CERCLA. Agencies within HHS have relevant responsibilities, capabilities,
and expertise as follows:
(i) The Agency for Toxic Substances and Disease Registry (ATSDR), under section 104(i) of
CERCLA, is required to: Establish appropriate registries; provide medical care and testing
of exposed individuals in cases of public health emergencies; develop, maintain, and
provide information on health effects of toxic substances; maintain a list of areas
restricted or closed because of toxic substances contamination; conduct research to
determine relationships between exposure to toxic substances and illness; conduct health
assessments at all NPL sites; conduct a health assessment in response to a petition or
provide a written explanation why an assessment will not be conducted; together with EPA,
identify the most hazardous substances related to CERCLA sites; together with EPA, develop
guidelines for toxicological profiles for hazardous substances; develop a toxicological
profile for all such substances; and develop educational materials related to health
effects of toxic substances for health professionals.
(ii) The National Institutes for Environmental Health Sciences (NIEHS) has been given the
responsibilities under section 311(a) of CERCLA, to conduct and support programs of basic
research, development, and demonstration; and to establish short course and continuing
education programs, and graduate or advanced training. In addition, section 126(g) of SARA
authorizes NIEHS to administer grants for training and education of workers who are or may
be engaged in activities related to hazardous waste removal, containment, or emergency
responses.
(9) The Department of the Interior (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) Fish and Wildlife Service: Anadromous and certain other fishes and wildlife, including
endangered and threatened species, migratory birds, and certain marine mammals; waters and
wetlands; contaminants affecting habitat resources; and laboratory research facilities.
(ii) Geological Survey: Geology, hydrology (ground water and surface water), and natural
hazards.
(iii) Bureau of Land Management: Minerals, soils, vegetation, wildlife, habitat,
archaeology, and wilderness; and hazardous materials.
(iv) Minerals Management Service: Manned facilities for Outer Continental Shelf (OCS)
oversight.
(v) Bureau of Mines: Analysis and identification of inorganic hazardous substances and
technical expertise in metals and metallurgy relevant to site cleanup.
(vi) Office of Surface Mining: Coal mine wastes and land reclamation.
(vii) National Park Service: Biological and general natural resources expert personnel at
park units.
(viii) Bureau of Reclamation: Operation and maintenance of water projects in the West;
engineering and hydrology; and reservoirs.
(ix) Bureau of Indian Affairs: Coordination of activities affecting Indian lands;
assistance in identifying Indian tribal government officials.
(x) 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.
(11) The Department of Labor (DOL), through the Occupational Safety and Health
Administration (OSHA) and the states operating plans approved under section 18 of the
Occupational Safety and Health Act of (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. OSHA may also
conduct inspections 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 assistance to EPA and other NRT/RRT agencies as well as to the OSC/RPM hazards to
persons engaged in response activities. Technical assistance may include review of site
safety plans and work practices, assistance with exposure monitoring, and help with other
compliance questions. 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 should be referred to the OSHA Regional
Office.
(12) The Department of Transportation (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.
(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 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 federal point of contact for all pollution incident
reporting and as the NRT communications center. These response actions include: Oil and
hazardous substances, radiological, biological, etiological, surety materials, munitions,
and fuels. Notice of discharges must be made telephonically through a toll free number or
a special local number (Telecommunication Device for the Deaf (TDD) and collect calls
accepted.) 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.
Each telephone notice is magnetically voice recorded and manually entered into an on-line
computer data base. The NRC tracks medium, major, and potential, major spills and provides
incident summaries to all NRT members and other interested parties. The NRC evaluates
incoming information and immediately advises FEMA of a potential major or evacuations
situation. The NRC provides facilities for the NRT to use in coordinating a national
response action, when required; assists in arrangements for regular as well as special NRT
meetings and maintains information on the time and place of such meetings; and sends
representatives to RRT meetings as appropriate. The NRC is available to assist all NRT
agencies as needed.
RETURN TO THE TOP
§300.180
(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 OSC/RPM for state-lead response
actions, designating SACs for federal-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) 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 and the RCP, in all emergency and disaster
planning.
(c) For facilities not addressed under CERCLA, states are encouraged to undertake response
actions themselves or to use their authorities to compel potentially responsible parties
to undertake response actions.
(d) States are encouraged to enter into cooperative agreements pursuant to section
104(c)(3) and (d) of CERCLA to enable them to undertake actions authorized under subparts
D and 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.
(e) 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.
RETURN TO THE TOP
§300.185
(a) Industry groups, academic organizations, and others are encouraged to commit resources
for response operations. Specific commitments should be listed in the RCP and OSC
contingency plans.
(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. The SSC may act as liaison between the OSC/RPM and such interested
organizations.
(c) OSC contingency plans shall establish procedures to allow for well organized,
worthwhile, and safe use of volunteers, including compliance with §300.150 regarding
worker health and safety. OSC contingency plans 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. OSC contingency plans 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.
RETURN TO THE TOP
Return to 40 CFR 300 - Main Menu