Subpart B-Responsibility and Organization for Response

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 re

Subpart D-Operational Response Phases for Oil Removal

300.300 Phase I-Discovery or notification. 300.305 Phase II-Preliminary assessment and initiation of action.

300.310 Phase III-Containment, countermeasures, cleanup, and disposal.

300.315 Phase IV-Documentation and cost recovery.

300.317 National response priorities. 300.320 General pattern of response.

300.322 Response to substantial threats to public health or welfare of the United States.

300.323 Spills of national significance.
300.324 Response to worst case discharges.
300.335 Funding.

Subpart E-Hazardous Substance
Response

300.600 Designation of federal trustees. 300.605 State trustees.

300.610 Indian tribes.

300.612 Foreign trustees.

300.615 Responsibilities of trustees.

Subpart H-Participation by Other Persons

300.700 Activities by other persons.

Subpart K-Federal Facilities [Reserved]

Subpart L-National Oil and Hazardous

Substances Pollution Contingency Plan; Involuntary Acquisition of Property by the Government

300.1105 Involuntary acquisition of property by the government.

APPENDIX A TO PART 300-THE HAZARD RANKING SYSTEM

APPENDIX B TO PART 300-NATIONAL PRIOR-
ITIES LIST

APPENDIX C TO PART 300-SWIRLING FLASK
DISPERSANT EFFECTIVENESS TEST, RE-
VISED STANDARD DISPERSANT TOXICITY
TEST, AND BIOREMEDIATION AGENT EFFEC-
TIVENESS TEST
APPENDIX D TO PART 300-APPROPRIATE AC-
TIONS AND METHODS OF REMEDYING RE-
LEASES

APPENDIX E TO PART 300-OIL SPILL RE-
SPONSE

AUTHORITY: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193.

Subpart A-Introduction

SOURCE: 59 FR 47416, Sept. 15, 1994, unless otherwise noted.

§300.1 Purpose and objectives.

The purpose of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) is to provide the organizational structure and procedures for preparing for and responding

to discharges of oil and releases of hazardous substances, pollutants, and contaminants.

§ 300.2 Authority and applicability.

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.

§ 300.3 Scope.

(a) The NCP applies to and is in effect for:

(1) Discharges of oil into or on the navigable waters of the United States, on the adjoining shorelines, the waters of the contiguous zone, into waters of the exclusive economic zone, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (See sections 311(c)(1) and 502(7) of the CWA).

(2) Releases into the environment of hazardous substances, and pollutants or contaminants which may present an imminent and substantial danger to public health or welfare of the United States.

(b) The NCP provides for efficient, coordinated, and effective response to

discharges of oil and releases of hazardous substances, pollutants, and contaminants in accordance with the authorities of CERCLA and the CWA. It provides for:

(1) The national response organization that may be activated in response actions. It specifies responsibilities among the federal, state, and local governments and describes resources that are available for response.

(2) The establishment of requirements for federal, regional, and area contingency plans. It also summarizes state and local emergency planning requirements under SARA Title III.

(3) Procedures for undertaking removal actions pursuant to section 311 of the CWA.

(4) Procedures for undertaking response actions pursuant to CERCLA.

(5) Procedures for involving state governments in the initiation, development, selection, and implementation of response actions, pursuant to CERCLA. (6) Listing of federal trustees for natural resources for purposes of CERCLA and the CWA.

(7) Procedures for the participation of other persons in response actions.

(8) Procedures for compiling and making available an administrative record for response actions.

(9) National procedures for the use of dispersants and other chemicals in removals under the CWA and response actions under CERCLA.

(c) In implementing the NCP, consideration shall be given to international assistance plans and agreements, security regulations and responsibilities based on international agreements, federal statutes, and executive orders. Actions taken pursuant to the provisions of any applicable international joint contingency plans shall be consistent with the NCP, to the greatest extent possible. The Department of State shall be consulted, as appropriate, prior to taking any action which may affect its activities.

(d) Additionally, the NCP applies to and is in effect when the Federal Response Plan and some or all its Emergency Support Functions (ESFs) are activated.