[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: 40CFR300.185]

[Page 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.  300.185  Nongovernmental participation.

    (a) Industry groups, academic organizations, and others are 
encouraged to commit resources for response operations. Specific 
commitments should be listed in the RCP and ACP. Those entities required 
to develop tank vessel and facility response plans under CWA section 
311(j) must be able to respond to a worst case discharge to the maximum 
extent practicable, and shall commit sufficient resources to implement 
other aspects of those plans in accordance with the requirements of 30 
CFR part 254, 33 CFR parts 150, 154, and 155; 40 CFR part 112; and 49 
CFR parts 171 and 194.
    (b) The technical and scientific information generated by the local 
community, along with information from federal, state, and local 
governments, should be used to assist the OSC/RPM in devising response 
strategies where effective standard techniques are unavailable. Such 
information and strategies will be incorporated into the ACP, as 
appropriate. The SSC may act as liaison between the OSC/RPM and such 
interested organizations.
    (c) ACPs shall establish procedures to allow for well organized, 
worthwhile, and safe use of volunteers, including compliance with Sec.  
300.150 regarding worker health and safety. ACPs should provide for the 
direction of volunteers by the OSC/RPM or by other federal, state, or 
local officials knowledgeable in contingency operations and capable of 
providing leadership. ACPs also should identify specific areas in which 
volunteers can be used, such as beach surveillance, logistical support, 
and bird and wildlife treatment. Unless specifically requested by the 
OSC/RPM, volunteers generally should not be used for physical removal or 
remedial activities. If, in the judgment of the OSC/RPM, dangerous 
conditions exist, volunteers shall be restricted from on-scene 
operations.
    (d) Nongovernmental participation must be in compliance with the 
requirements of subpart H of this part if any recovery of costs will be 
sought.