[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.135]

[Page 32-33]
 
                   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 B--Responsibility and Organization for Response
 
Sec. 300.135  Response operations.

    (a) The OSC/RPM, consistent with Secs. 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; whether the 
discharge is a worst case discharge as discussed in Sec. 300.324; the 
pathways to human and environmental exposure; the potential impact on 
human health, welfare, and safety and the environment; whether the 
discharge or release poses a substantial threat to the public health or 
welfare of the United States as discussed in Sec. 300.322; 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 the Oil Spill Liability 
Trust Fund or CERCLA funds unless an appropriate contract or cooperative 
agreement has been established. The basic framework for the response 
management structure is a system (e.g., a unified command system), that 
brings together the functions of the federal government, the state 
government, and the responsible party to achieve an effective and 
efficient response, where the OSC maintains authority.
    (e) The OSC/RPM should consult regularly with the RRT and NSFCC, as 
appropriate, in carrying out the NCP and keep the RRT and NSFCC, as 
appropriate, 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 should 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 Department of Health and Human 
Services (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 assistance on worker health 
and safety issues.
    (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)(1) The OSC/RPM shall ensure that the trustees for natural 
resources are promptly notified of discharges or releases.
    (2) The OSC or RPM shall coordinate all response activities with the 
affected natural resource trustees and, for discharges of oil, the OSC 
shall consult with the affected trustees on the appropriate removal 
action to be taken.
    (k) Where the OSC/RPM becomes aware that a discharge or release may

[[Page 33]]

affect any endangered or threatened species or their habitat, the OSC/
RPM shall consult with the Department of Interior (DOI), or the 
Department of Commerce (DOC) (NOAA) and, if appropriate, the cognizant 
federal land managing agency.
    (l) The OSC/RPM is responsible for addressing worker health and 
safety concerns at a response scene, in accordance with Sec. 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 Sec. 300.155 of this part.