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SUBCHAPTER J-SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS

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eral 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

sponse.

300.185 Nongovernmental participation.

Subpart C-Planning and Preparedness 300.200 General.

300.205 Planning and coordination structure.

300.210 Federal contingency plans.

300.211 OPA facility and vessel response plans.

300.212 Area response drills.

300.215 Title III local emergency response plans.

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APPENDIX A TO PART 300-THE HAZARD RANK-
ING SYSTEM

APPENDIX B TO PART 300-NATIONAL PRIOR-
ITIES LIST
APPENDIX C TO PART 300-SWIRLING FLASK
DISPERSANT EFFECTIVENESS TEST, RE-
VISED STANDARD DISPERANT 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 RESPONSE

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.Ç. 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.

§300.4 Abbreviations.

(a) Department and Agency Title Abbreviations:

ATSDR-Agency for Toxic Substances and
Disease Registry

CDC-Centers for Disease Control
DOC-Department of Commerce

DOD-Department of Defense

DOE-Department of Energy
DOI-Department of the Interior
DOJ-Department of Justice
DOL-Department of Labor
DOS-Department of State
DOT-Department of Transportation
EPA-Environmental Protection Agency
FEMA-Federal Emergency Management
Agency

GSA-General Services Administration
HHS Department of Health and Human

Services

NIOSH-National Institute for Occupational Safety and Health

NOAA-National Oceanic and Atmospheric Administration

OSHA-Occupational Health and Safety Administration

RSPA-Research and Special Programs Administration

USCG-United States Coast Guard USDA-United States Department of Agriculture

NOTE: Reference is made in the NCP to both the Nuclear Regulatory Commission and the National Response Center. In order to avoid confusion, the NCP will spell out Nuclear Regulatory Commission and use the abbreviation "NRC" only with respect to the National Response Center.

(b) Operational Abbreviations:

ACP-Area Contingency Plan

ARARS-Applicable or Relevant and Appropriate Requirements

CERCLIS CERCLA Information System
CRC-Community Relations Coordinator
CRP-Community Relations Plan
DRAT-District Response Advisory Team
DRG District Response Group
ERT-Environmental Response Team
ESF-Emergency Support Function
FCO-Federal Coordinating Officer
FRERP-Federal

Response Plan

Radiological Emergency

FRP-Federal Response Plan
FS-Feasibility Study

HRS Hazard Ranking System
LEPC-Local Emergency Planning Commit-
tee

NCP-National Contingency Plan

NPFC-National Pollution Funds Center
NPL National Priorities List
NRC-National Response Center
NRS-National Response System

NRT-National Response Team

NSF-National Strike Force

NSFCC National Strike Force Coordination Center

O&M-Operation and Maintenance

OSC-On-Scene Coordinator

OSLTF-Oil Spill Liability Trust Fund

PA-Preliminary Assessment

PIAT-Public Information Assist Team RA-Remedial Action

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