[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.322]

[Page 52-53]
 
                   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. 300.322  Response to substantial threats to public health or 
welfare of the United States.

    (a) As part of the investigation described in Sec. 300.320, the OSC 
shall determine whether a discharge results in a substantial threat to 
public health or welfare of the United States (including, but not 
limited to, fish, shellfish, wildlife, other natural resources, and the 
public and private beaches and shorelines of the United States). Factors 
to be considered by the OSC in making this determination include, but 
are not limited to, the size of the discharge, the character of the 
discharge, and the nature of the threat to public health or welfare of 
the United States. Upon obtaining such information, the OSC shall 
conduct an evaluation of the threat posed, based on the OSC's experience 
in assessing other discharges, and consultation with senior lead agency 
officials and readily available authorities on issues outside the OSC's 
technical expertise.
    (b) If the investigation by the OSC shows that the discharge poses 
or may present a substantial threat to public health or welfare of the 
United States, the OSC shall direct all federal, state, or private 
actions to remove the discharge or to mitigate or prevent the threat of 
such a discharge, as appropriate. In directing the response in such 
cases, the OSC may act without regard to any other provision of law 
governing contracting procedures or employment of personnel by the 
federal government to:
    (1) Remove or arrange for the removal of the discharge;
    (2) Mitigate or prevent the substantial threat of the discharge; and
    (3) Remove and, if necessary, destroy a vessel discharging, or 
threatening to discharge, by whatever means are available.
    (c) In the case of a substantial threat to public health or welfare 
of the United States, the OSC shall:

[[Page 53]]

    (1) Assess opportunities for the use of various special teams and 
other assistance described in Sec. 300.145, including the use of the 
services of the NSFCC, as appropriate;
    (2) Request immediate activation of the RRT; and
    (3) Take whatever additional response actions are deemed 
appropriate, including, but not limited to, implementation of the ACP as 
required by section 311(j)(4) of the CWA or relevant tank vessel or 
facility response plan required by section 311(j)(5) of the CWA. When 
requested by the OSC, the lead agency or RRT shall dispatch appropriate 
personnel to the scene of the discharge to assist the OSC. This 
assistance may include technical support in the agency's areas of 
expertise and disseminating information to the public. The lead agency 
shall ensure that a contracting officer is available on scene, at the 
request of the OSC.