[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.310]

[Page 50-51]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN--Table of Contents
 
         Subpart D--Operational Response Phases for Oil Removal
 
Sec. 300.310  Phase III--Containment, countermeasures, cleanup, and disposal.

    (a) Defensive actions shall begin as soon as possible to prevent, 
minimize, or mitigate threat(s) to the public health or welfare of the 
United States or the environment. Actions may include but are not 
limited to: Analyzing water samples to determine the source and spread 
of the oil; controlling the source of discharge; measuring and sampling; 
source and spread control or salvage operations; placement of physical 
barriers to deter the spread of the oil and to protect natural resources 
and sensitive ecosystems; control of the water discharged from upstream 
impoundment; and the use of chemicals and other materials in accordance 
with subpart J of this part to restrain the spread of the oil and 
mitigate its effects. The ACP prepared under Sec. 300.210(c) should be 
consulted for procedures to be followed for obtaining an expedited 
decision regarding the use of dispersants and other products listed on 
the NCP Product Schedule.
    (b) As appropriate, actions shall be taken to recover the oil or 
mitigate its effects. Of the numerous chemical or physical methods that 
may be used, the chosen methods shall be the most consistent with 
protecting public health and welfare and the environment. Sinking agents 
shall not be used.
    (c) Oil and contaminated materials recovered in cleanup operations 
shall be disposed of in accordance with the RCP, ACP, and any applicable 
laws, regulations, or requirements. RRT and Area Committee guidelines 
may identify the disposal options available during an oil spill response 
and may describe what disposal requirements are mandatory or may not be 
waived by the OSC. ACP guidelines should address: the sampling, testing, 
and classifying of recovered oil and oiled debris; the segregation, 
temporary storage, and stockpiling of recovered oil and oiled debris; 
prior state disposal approvals and permits; and the routes; methods 
(e.g. recycle/reuse, on-site burning, incineration, landfilling, etc.); 
and sites for the disposal of collected oil, oiled debris, and animal 
carcasses; and procedures for obtaining waivers, exemptions, or 
authorizations associated with handling or transporting waste materials. 
The ACPs may identify a hierarchy of preferences for disposal 
alternatives, with recycling (reprocessing) being the most preferred, 
and other alternatives preferred based

[[Page 51]]

on priorities for health or the environment.