[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR109.4]



[Page 16]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 109_CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY 

PLANS--Table of Contents

 

Sec.  109.4  Relationship to Federal response actions.



    The National Oil and Hazardous Materials Pollution Contingency Plan 

provides that the Federal on-scene commander shall investigate all 

reported spills. If such investigation shows that appropriate action is 

being taken by either the discharger or non-Federal entities, the 

Federal on-scene commander shall monitor and provide advice or 

assistance, as required. If appropriate containment or cleanup action is 

not being taken by the discharger or non-Federal entities, the Federal 

on-scene commander will take control of the response activity in 

accordance with section 11(c)(1) of the Federal Act.