[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR300.180]

[Page 43-44]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 300_NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN--
 
         Subpart B_Responsibility and Organization for Response
 
Sec.  300.180  State and local participation in response.

    (a) Each state governor is requested to designate one state office/
representative to represent the state on the appropriate RRT. The 
state's office/representative may participate fully in all activities of 
the appropriate RRT. Each state governor is also requested to designate 
a lead state agency that will direct state-lead response operations. 
This agency is responsible for designating the lead state response 
official for federal and/or state-lead response actions, and 
coordinating/communicating with any other state agencies, as 
appropriate. Local governments are invited to participate in activities 
on the appropriate RRT as may be provided by state law or arranged by 
the state's representative. Indian tribes wishing to participate should 
assign one person or office to represent the tribal government on the 
appropriate RRT.
    (b) Appropriate local and state officials (including Indian tribes) 
will participate as part of the response structure as provided in the 
ACP.
    (c) In addition to meeting the requirements for local emergency 
plans under SARA section 303, state and local government agencies are 
encouraged to include contingency planning

[[Page 44]]

for responses, consistent with the NCP, RCP, and ACP in all emergency 
and disaster planning.
    (d) For facilities not addressed under CERCLA or the CWA, states are 
encouraged to undertake response actions themselves or to use their 
authorities to compel potentially responsible parties to undertake 
response actions.
    (e) States are encouraged to enter into cooperative agreements 
pursuant to sections 104 (c)(3) and (d) of CERCLA to enable them to 
undertake actions authorized under subpart E of the NCP. Requirements 
for entering into these agreements are included in subpart F of the NCP. 
A state agency that acts pursuant to such agreements is referred to as 
the lead agency. In the event there is no cooperative agreement, the 
lead agency can be designated in a SMOA or other agreement.
    (f) Because state and local public safety organizations would 
normally be the first government representatives at the scene of a 
discharge or release, they are expected to initiate public safety 
measures that are necessary to protect public health and welfare and 
that are consistent with containment and cleanup requirements in the 
NCP, and are responsible for directing evacuations pursuant to existing 
state or local procedures.