[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.300]

[Page 48-49]
 
                   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. 300.300  Phase I--Discovery or notification.

    Source: 59 FR 47444, Sept. 15, 1994, unless otherwise noted.


    (a) A discharge of oil may be discovered through:
    (1) A report submitted by the person in charge of a vessel or 
facility, in accordance with statutory requirements;
    (2) Deliberate search by patrols;
    (3) Random or incidental observation by government agencies or the 
public; or
    (4) Other sources.
    (b) Any person in charge of a vessel or a facility shall, as soon as 
he or she has knowledge of any discharge from

[[Page 49]]

such vessel or facility in violation of section 311(b)(3) of the CWA, 
immediately notify the NRC. If direct reporting to the NRC is not 
practicable, reports may be made to the USCG or EPA predesignated OSC 
for the geographic area where the discharge occurs. The EPA 
predesignated OSC may also be contacted through the regional 24-hour 
emergency response telephone number. All such reports shall be promptly 
relayed to the NRC. If it is not possible to notify the NRC or 
predesignated OSC immediately, reports may be made immediately to the 
nearest Coast Guard unit. In any event such person in charge of the 
vessel or facility shall notify the NRC as soon as possible.
    (c) Any other person shall, as appropriate, notify the NRC of a 
discharge of oil.
    (d) Upon receipt of a notification of discharge, the NRC shall 
promptly notify the OSC. The OSC shall ensure notification of the 
appropriate state agency of any state which is, or may reasonably be 
expected to be, affected by the discharge. The OSC shall then proceed 
with the following phases as outlined in the RCP and ACP.