[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Proposed Rules]
[Pages 3982-4005]
[FR Doc No: 2016-00663]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2014-0050; FRL-9940-20-OLEM]
RIN 2050-AG78

National Oil and Hazardous Substances Pollution Contingency Plan
Revisions To Align With the National Response Framework

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing
revisions to the National Oil and Hazardous Substances Pollution
Contingency Plan. These proposed revisions align the National Oil and
Hazardous Substances Pollution Contingency Plan with the Department of
Homeland Security's National Response Framework and National Incident
Management System. The revisions also update the descriptions of
federal agency organizational structures and capabilities and how they
operate, and recognize the establishment of the Department of Homeland
Security.

DATES: Comments must be received on or before March 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2014-0050, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jean Schumann, Office of Land and
Emergency Management, Mail Code 5104A, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The revisions primarily would affect the federal departments and
agencies that participate in responding to incidents under the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP), which
primarily consist of the departments and agencies on the NCP National
Response Team (NRT). The descriptions and capabilities of these
agencies have been updated, and some NCP terminology used by these
agencies has been changed to be more consistent with the National
Response Framework (NRF) and National Incident Management System (NIMS)
issued by the Department of Homeland Security (DHS). Information has
been added in notes to the regulation to explain that federal agencies
follow the NRF and NIMS when appropriate.
    Additionally, this rulemaking proposes a clarification to Sec.
300.405(d) that affects persons who notify the National Response Center
(NRC) \1\ of an incident, including representatives of industry and
federal, state, tribal, and local governments. Paragraph (d) of Sec.
300.405 currently states that the NRC will generally need information
that will help to characterize the release when people call to report
an incident. Paragraph (d) of Sec.  300.405 goes on to say that this
information ``will include, but is not limited to . . .'' and provides
a list of examples of the types of information the NRC will need. The
current list of examples includes the ``possible source of the
release.'' These revisions would clarify paragraph (d) to state
``possible source and cause of the release.'' The NRC already collects
information regarding the cause of the release, so this is not a new
requirement. Adding ``cause'' to paragraph (d) will better prepare
people who notify the NRC that they will be asked for this information.
This change is also addressed in section IV of this preamble, under the
discussion for Sec.  300.405.
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    \1\ Reference is made in this preamble and in the NCP to both
the Nuclear Regulatory Commission and the National Response Center.
In order to avoid confusion, the preamble and the NCP spell out the
Nuclear Regulatory Commission and use the abbreviation ``NRC'' only
with respect to the National Response Center.
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    Impacts on potentially affected entities, direct and indirect, are
summarized in section V of this preamble. A summary of potentially
affected entities is provided in the table below.

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        Type of entity                     Affected entities
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Industry.....................  Industries that report to the NRC.
State, Local or Tribal         State, local, or tribal governments that
 Governments.                   report to the NRC.
Federal Government...........  Federal departments and agencies that
                                report to the NRC, and federal
                                departments and agencies that are
                                members of the National Response Team.
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    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Others types of entities
not listed in the table could also be regulated. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.

B. What is the agency's authority for taking this action?

    The NCP is required by section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. 9605, as amended by the Superfund Amendments and

Reauthorization Act of 1986 (SARA), Public Law 99-499 (hereinafter
CERCLA), and by section 311(d) of the Clean Water Act (CWA), 33 U.S.C.
1321(d), as amended by the Oil Pollution Act of 1990 (OPA), Public Law
101-380. In Executive Order 12777 (56 FR 54757, October 22, 1991), the
President delegated to the EPA the responsibility for the amendment of
the NCP. Amendments to the NCP are coordinated with members of the NCP
NRT prior to publication for notice and comment. The NCP is applicable
to response actions taken pursuant to the authorities under CERCLA and
section 311 of the CWA, as amended.

II. Background

    The DHS issued the NRF and NIMS under the authority of the Homeland
Security Act of 2002 (HSA), the Post-Katrina Emergency Management
Reform Act (PKEMRA), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), and Homeland Security
Presidential Directive-5, Management of Domestic Incidents (February
28, 2003) (HSPD-5). The purpose of the NRF is to establish a
comprehensive, national, all-hazards approach to domestic incident
management. The purpose of the NIMS is to provide a consistent
nationwide approach for federal, state, and local governments to work
effectively and efficiently together to prepare for, respond to, and
recover from domestic incidents, regardless of cause, size, or
complexity. The NRF is built on the incident management concepts in
NIMS. DHS issued the most recent version of the NRF in May 2013, and
the most recent version of the NIMS in December, 2008, and may continue
to update both documents periodically.
    Federal agencies are to follow the NRF and NIMS pursuant to those
authorities. HSPD-5 also directed federal agencies to modify existing
interagency plans to align with the National Response Plan, which was
the predecessor to the NRF. EPA is proposing this rule to align the NCP
with the NRF and NIMS.
    Other changes are being proposed to the NCP to update descriptions
of federal department and agency organizations and capabilities and how
they operate, and to recognize the establishment of the DHS, which was
authorized by the HSA.

III. Summary of This Action

A. What is the scope of this proposed rule?

    This rulemaking proposes changes to the NCP in two general areas:
(1) Changes that align the NCP with the NRF and NIMS; and (2) changes
that update the descriptions and capabilities of the NRT federal
agencies and how they operate, including the establishment of the DHS.
EPA is not opening the NCP for comment on other types of changes, and
the final rule will not address any comments received outside the scope
of the proposed changes. Further, we are not taking comments on the
substance of the NRF or the NIMS themselves, only on the changes made
to the NCP to align with those documents.
    EPA is not including any proposed changes to the NCP's ``Appendix E
to Part 300--Oil Spill Response'' in this proposed rule. EPA proposed
to remove appendix E from the NCP as part of a separate proposed rule
on January 22, 2015 (80 FR 3380). If EPA decides not to remove appendix
E from the NCP after considering the comments received on that January
22, 2015, rulemaking, EPA will engage in a rulemaking to revise
appendix E in accordance with its final decisions on this rulemaking.

IV. What are the proposed revisions to the NCP?

    This section of the preamble explains the proposed revisions to the
NCP by part and section number.

A. Part 300 Table of Contents and Authority

    The proposed revisions would change the table of contents for part
300, subpart B, by changing the title of Sec.  300.165 from ``OSC
reports'' to ``OSC after action reports.'' (``OSC'' is the abbreviation
for On-Scene Coordinator.) This change would make the title of these
reports more consistent with the terminology commonly used in incident
management systems for such post-incidents reports. The change would
support the objectives of the NRF and NIMS for more consistency in
national incident management systems. This change in terminology would
also be carried forth into the proposed revision to Sec.  300.165, as
explained in this preamble under subpart B, Sec.  300.165.
    We are proposing to update the ``Authority'' citation for 40 CFR
part 300 by revising the scope of the CWA citation from ``33 U.S.C.
1321(d)'' to ``33 U.S.C. 1321'' to make it parallel with the scope of
the existing CERCLA citation. The existing CERCLA citation refers to
all of the CERCLA authorities underlying the NCP, not just the specific
CERCLA provision that authorizes the issuance of the NCP. The existing
CWA citation (33 U.S.C. 1321(d)), however, refers only to the specific
CWA provision that authorizes the issuance of the NCP. This change
would broaden the CWA citation to refer to all the CWA authorities that
underlie the NCP, not just the specific CWA provision that authorizes
the issuance of the NCP, by deleting ``(d)'' and referring only to ``33
U.S.C. 1321.''

B. Authority and Applicability (Section 300.2)

    The existing Sec.  300.2 states that amendments to the NCP are
coordinated with members of the NRT prior to public notice and comment,
and further explains that this includes the Federal Emergency
Management Agency (FEMA) and Nuclear Regulatory Commission in order to
avoid inconsistent or duplicative requirements in the emergency
planning responsibilities of these agencies. The specific reference to
FEMA and the Nuclear Regulatory Commission was based on language from
Executive Order 12580, January 23, 1987. Executive Order 12580 was
amended by Executive Order 12777, October 18, 1991. Executive Order
12777 kept the reference to consultation with the NRT on NCP
amendments, but deleted the specific reference to FEMA and the Nuclear
Regulatory Commission. The proposed revision to Sec.  300.2 would
therefore delete the sentence that refers to FEMA and the Nuclear
Regulatory Commission to be consistent with Executive Order 12777.
However, both FEMA and the Nuclear Regulatory Commission are members of
the NRT, so EPA would continue to coordinate with both agencies on NCP
amendments in their role as NRT members under the revised Sec.  300.2.

C. Scope (Section 300.3)

    The existing Sec.  300.3(d) states that the NCP is in effect when
the Federal Response Plan (FRP) is activated. The FRP is no longer in
effect because it has been replaced by the NRF. The proposed changes
would delete existing Sec.  300.3(d), therefore, and add a note to
Sec.  300.3(a) that refers to the NRF instead of the Federal Response
Plan. The note explains that the NRF was issued by DHS and is followed
by federal departments and agencies. The NRF is a guide to how the
Nation responds to domestic incidents under a variety of authorities at
all levels, including response actions taken by federal, state, tribal,
and local governments, communities, individuals, private sector
organizations, and non-governmental organizations such as American Red
Cross. The NRF addresses ``all-hazards'' incidents, such as natural
disasters, terrorist attacks and other deliberate incidents, and
accidents. The NCP

serves as an operational supplement to the NRF. The NRF is a guide to
how the Nation responds to disasters and emergencies. While federal
departments and agencies follow the NRF, it is not intended to alter or
impede existing federal authorities, such as the CERCLA and CWA section
311 authorities that are the basis for the NCP. The NRF is publicly
available on FEMA's Web site. (See this preamble under Sec.  300.5
below for the Web site address.)
    For some NCP responses, additional procedures under the NRF and
supporting documents (e.g., annexes) may apply. For example, the NRF
explains that the Secretary of DHS may coordinate federal responses
pursuant to presidential directive, or may activate specific NRF
response mechanisms to support other federal departments and agencies
without assuming coordination of the overall federal response. When
additional NRF procedures are activated for an NCP response, the NCP
response will follow the appropriate procedures of both the NCP and
NRF. The NRF and supporting documents also include information on how
the federal government responds under the Stafford Act. Additional
information on how the NCP applies during responses under the Stafford
Act in particular is provided in this preamble under subpart B, Sec.
300.130. In cases where additional NRF procedures apply to NCP
responses, those procedures are most likely to apply to NCP emergency
removal actions rather than to NCP remedial actions because the NRF
focuses on emergency and disaster types of incidents.

D. Abbreviations (Section 300.4)

    The abbreviations in paragraphs (a) and (b) would be updated to
include new department and agency title and operational abbreviations
used in this rule and to delete abbreviations that are no longer used
in this rule or no longer apply. The following abbreviations would be
deleted: RSPA, ESF, FCO, FRERP, FRP, and RRC. The following
abbreviations would be added to paragraph (a): DHS and PHMSA. The
following abbreviations would be added to paragraph (b): AMS, CBRN
CMAT, CMHT, CMRT, FRMAC, JIC, NARAC, NCERT, NIMS, NRF, RAP, REAC/TS,
REOC, and SERT. The existing abbreviation for the U.S. Fish and
Wildlife Service (USFWS) in paragraph (b) would be moved to paragraph
(a). Since the USFWS is a distinct and significant component of the
Department of the Interior (DOI), it is more appropriately listed in
paragraph (a), which already includes some other distinct components of
federal departments.

E. Definitions (Section 300.5)

    EPA is proposing to update the definitions section to include new
definitions and delete definitions that no longer apply. New
definitions would be added to Sec.  300.5 for the terms ``National
Incident Management System'' and ``National Response Framework.'' A
note would be added to Sec.  300.5 with new definitions for the terms
``Emergency Support Function #10--Oil and Hazardous Materials Response
Annex'' and ``Emergency Support Function #15--External Affairs Annex.''
All of these definitions are derived from the NRF and NIMS, and readers
are referred to the NRF and NIMS for additional information regarding
these definitions. The NRF may be found at the DHS/FEMA Web site at
www.fema.gov/national-response-framework and NIMS may be found at
www.fema.gov/national-incident-management-system.
    The following definitions would be deleted: ``Federal Radiological
Emergency Response Plan'' and ``Federal Response Plan.'' These two
plans have been replaced by the NRF and supporting documents, including
supporting annexes.
    In addition, a minor change is being proposed to the definition of
a ``Spill of National Significance'' (SONS) to clarify that, under the
NCP, this type of incident is so classified by the EPA for discharges
occurring in the inland zone or by the United States Coast Guard (USCG)
for discharges occurring in the coastal zone, so readers do not confuse
a SONS determination with any type of declaration or determination that
may be made by other federal officials or federal departments or
agencies under the NRF. This proposed change is discussed in more
detail in this preamble under subpart D, Sec.  300.323.
    Finally, the existing definition of ``national response system''
would be modified to correct a capitalization error.

F. General Organizational Concepts (Section 300.105)

    A note would be added to Sec.  300.105(d) to reflect that NIMS is
issued by DHS, and that federal agencies follow the NIMS and have
adopted it for appropriate use in NCP emergency removal actions. The
existing Sec.  300.105(d) explains that the NCP response management
structure is a system that brings together the functions of the federal
government, state government, and responsible party(ies) to achieve an
effective and efficient response, where the federal OSC retains his/her
authority. The addition of the proposed note would provide further
clarification that NIMS is the emergency preparedness and response
management system adopted by federal departments and agencies for
appropriate use in NCP emergency removal actions.
    The Secretary of DHS required federal departments and agencies to
submit their plans for adopting NIMS to DHS in December, 2004. Under
HSPD-5, federal departments and agencies also were directed to make
adoption of the NIMS a requirement, to the extent permitted by law, for
providing federal preparedness assistance through grants, contracts, or
other activities. HSPD-5 directed the Secretary of DHS to develop
standards and guidelines for determining whether a state or local
entity has adopted the NIMS. The DHS is responsible for developing
standards and guidelines for determining whether federal, state, local,
and tribal entities have adopted the NIMS.
    The NIMS represents a core set of doctrines, concepts, principles,
terminology, and organizational processes that enables effective,
efficient, and collaborative incident management. It includes both
preparedness and response components. Preparedness elements include
establishing emergency operations plans and procedures; identifying
response resources and establishing procedures for their use; training
and credentialing response personnel; conducting exercises,
evaluations, and corrective action programs; establishing and
maintaining agreements for assistance; and planning for scientific
support.
    For managing the response to an incident, the NIMS uses the
Incident Command System (ICS), which provides a flexible core mechanism
for coordinated and collaborative incident management. The ICS
integrates the facilities, equipment, personnel, procedures, and
communications involved in a response within a common organizational
structure. The ICS follows a number of key principles and concepts,
including, but not limited to, the following:
     Field command and management functions are performed in
accordance with a standard set of ICS organizations, doctrines, and
procedures. Incident commanders, however, retain the flexibility to
modify procedures or structures as needed to ensure a successful
response to a specific incident.
     ICS is modular and scalable. It has a scalable
organizational structure that is based on the size and complexity of
the incident. Smaller incidents may be

handled by relatively few individuals who would perform all the
necessary response functions and fulfill all of the ICS roles. Larger
incidents may require many individuals, each fulfilling a specific
position within the ICS. ICS can be used for incidents occurring within
a single jurisdiction or being managed by a single agency, or for
incidents occurring across multiple jurisdictions or involving many
agencies.
     ICS establishes common terms, standards, and procedures
that enable diverse organizations to work together more effectively.
ICS includes a standard set of predesignated organizational elements
and functions, common names for resources used to support incident
operations, and common identifiers for facilities and operational
locations used to support incident operations.
     ICS uses measurable objectives. Incidents are managed by
establishing overarching objectives for the response and more specific
measurable objectives for various response activities; directing
efforts to obtain those objectives; and documenting the results of
those efforts to measure performance and support corrective action.
Incident objectives are communicated throughout the on-scene level
command structure through the development of incident action plans.
    Under NIMS, an Incident Command Post (ICP) is established at the
on-scene tactical level. This is the location from which tactical
response operations are directed. The ICP organization has five major
functions: Command, operations, planning, logistics, and finance/
administration (with a potential sixth function to cover intelligence/
investigations, when needed). The ICP is led by the Incident Commander,
the individual with the authority to direct the response. (For smaller
incidents, the ICP may be as simple as the response vehicle from which
the Incident Commander directs the on-scene response.)
    Where multiple Incident Commanders have jurisdiction over the
response, the incident is led by a Unified Command. Unified Command
enables agencies and organizations with different legal, geographic,
and functional responsibilities to coordinate, plan, and interact
effectively. Under Unified Command, Incident Commanders work together
to establish the common objectives and carry out tactical response
activities, with each Incident Commander retaining his/her regulatory
authority. The exact composition of the Unified Command structure
depends on the location and type of incident. If only one agency has
jurisdiction or regulatory authority, Unified Command may not be
necessary. In that case, other assisting agencies and organizations can
still provide input to incident objectives and raise questions or
concerns by providing a Liaison Officer on the Command Staff or a
technical specialist(s) in an appropriate ICS section.
    An Area Command also may be established if needed, depending on the
complexity of the incident and span-of-control needs. An Area Command
may be needed to oversee the management of multiple incidents that are
being handled by separate ICS organizations or to oversee the
management of a very large incident that involves multiple ICS
organizations. Area Command may be used when there are a number of
incidents in the same area and of the same type (e.g., two or more
hazardous substance releases), which may compete for the same
resources. If the incidents being managed by the Area Command are
multi-jurisdictional, a Unified Area Command may be established.
    The NIMS also describes multi-agency coordination groups and
centers, such as emergency operations centers, that may be established
to support the ICP and coordinate incident-related response activities.
The NRF is built on the incident management concepts in NIMS and
describes additional federal multi-agency coordination groups and
centers that may be activated or used during certain types of federal
incident responses (e.g., the FEMA National Response Coordination
Center may be used to support federal responses under the Stafford
Act).
    Readers are referred to the NIMS for additional details on the
incident management system. As noted earlier in this preamble, EPA is
not taking comments on the substance of the NIMS, only on the NCP
changes to align with the NIMS.
    The existing preparedness and response management structure for
removal actions under the NCP national response system--which brings
together the functions of the federal government, state government, and
the responsible party to prepare for and achieve an effective and
efficient response, where the OSC maintains his or her authority--is
consistent with the NIMS. Appropriate preparedness elements of NIMS are
used by the federal departments and agencies on the NRT to prepare for
NCP responses.
    Under the NCP national response system for removal actions, the
federal Incident Commander--the individual with the authority to direct
and coordinate a removal action at the on-scene level--is the federal
OSC. Federal OSCs evaluate a potential or actual release of hazardous
substances, pollutants or contaminants or discharge of oil to determine
whether a federal removal action is needed, in accordance with existing
delegations of authority to OSCs. If a federal response is needed, the
removal action may range from overseeing a response by another party,
to providing technical assistance, to assuming direction of the
response. The extent of the federal response may increase or decrease
during the course of the response as needed. If a federal OSC works in
a Unified Command with state, tribal, or local governments and/or the
responsible party, the OSC maintains his/her NCP authorities.
    As explained above, an ICP organization typically has five major
functions: Command, operations, planning, logistics, and finance/
administration. For NCP removal actions, the management of
environmental data is often a crucial element of the response. This key
function may be managed through the establishment of an Environmental
Unit within the Planning Section of the ICP.
    For federally-led NCP removal actions, the responsible party for a
discharge or release (if identified) may be part of a Unified Command,
if established, and provide the response assets necessary for an
effective and efficient response. The responsible party may, however,
be directed or re-positioned by the OSC if determined necessary for an
effective and efficient response. Responsible party participation in
the Unified Command is determined on an incident-specific basis by the
OSC.
    Multi-agency coordination centers and groups may also be used to
support NCP removal actions. For example, the EPA and U.S. Coast Guard
(USCG) have emergency operations centers in their headquarters and in
EPA regional and USCG district offices that may be activated to support
the on-scene response. The Regional Response Teams (RRTs) and the NRT
described in the NCP are multi-agency coordination groups that also may
be activated if needed to provide support to the on-scene response of
the federal OSC and to coordinate interagency activities.
    EPA developed a robust NIMS implementation plan, established
training and certification requirements, and has used the ICS system
for emergency responses. EPA has found NIMS ICS to be particularly
beneficial in organizing large, complex, multi-jurisdictional emergency
responses. Some removal actions have longer planning times before on-
site removal activity must begin, while others require a quicker
response. The detailed NIMS

ICS structure and process is used as appropriate for removal actions
that are emergencies; these were the types of incidents for which the
system was developed. OSCs typically use other on-site project
management structures to conduct removal actions with longer planning
times. (See preamble discussions in 53 FR 51396 and 51409, December 21,
1988, for a discussion about the types of removal actions, including
emergencies and removal actions with longer planning times.) USCG and
other NRT agencies have also adopted NIMS ICS for appropriate use in
NCP emergency removal actions.
    In developing the NIMS document, DHS drew upon the traditional ICS
used by fire-fighting organizations, but revised it to form a system
that is more appropriate for all-hazard emergency response and more
flexible for integrating the range of government and private sector
assets and authorities that might be included in a federal response.
While EPA had not previously adopted the traditional type of ICS for
removal actions under the NCP, EPA did have the opportunity to provide
input into the modification and implementation of the DHS version of
ICS to help ensure it can provide an effective structure for federal
NCP emergency removal actions. The DHS NIMS document emphasizes that
federal agencies maintain their authorities within the incident command
structure, and provides for flexibility, which has addressed EPA's
previous concerns about the traditional ICS (59 FR 47387, September 15,
1994). EPA has found that the DHS NIMS ICS can be tailored to provide
appropriate coordination across multiple agencies and organizations
leading and supporting NCP emergency removal actions.
    In Sec.  300.105(e)(1), the term ``national response system'' would
be capitalized.
    Several changes are being proposed to Figure 1a in Sec.
300.105(e)(1). The term ``Special Forces'' would be changed to
``Special Teams'' to be consistent with the use of ``special teams''
elsewhere in the NCP. The list of ``Special Forces'' in Figure 1a would
be revised to include the following additional special teams and
assets:

 USCG Incident Management Assistance Team (CG-IMAT), which now
includes the Public Information Assist Team (PIAT)
 USCG Salvage Engineering Response Team (SERT)
 EPA Chemical, Biological, Radiological, Nuclear Consequence
Management Advisory Team (CBRN CMAT)
 EPA National Criminal Enforcement Response Team (NCERT)
 Occupational Safety and Health Administration (OSHA) Response
Team
 Department of Energy (DOE) Aerial Measuring System (AMS)
 DOE Consequence Management Home Team (CMHT)
 DOE Consequence Management Response Team (CMRT)
 DOE National Atmospheric Release Advisory Center (NARAC)
 DOE Radiological Assistance Program (RAP)
 DOE Radiation Emergency Assistance Center/Training Site (REAC/
TS)

    The functions and capabilities of these teams are described in the
proposed language in Sec.  300.145. These are only some of the federal
teams that may provide support for NCP responses. Additional teams may
be described in other guidance and reference documents for use by OSCs
and Remedial Project Managers (RPMs). Therefore, Figure 1a would also
be revised to add a box that says ``Others'' in this list to be clearer
that these are not the only teams available. The order of the teams in
Figure 1a would be changed to match the order in which the teams are
described in Sec.  300.145.
    The diamond in Figure 1a that currently asks ``Federal Assistance
Required?'' would be changed to ``Federal Response Required?'' This
change does not reflect any change in existing NCP authorities. The
change is being made to more accurately describe existing NCP
authorities. A federal OSC's response to a release or discharge may
range from providing assistance (e.g., response support and advice to
state and local responders), to directing and overseeing response
activities by a responsible party or other entity, to directing a
federal response. Similarly, an RPM may direct and oversee a remedial
action by another party or direct a federal remedial action. It may not
be clear that the word ``assistance'' was intended to capture all of
these possible types of response. This NCP Figure is often used by EPA,
USCG, and other NRT agencies when explaining to others how the NCP
national response system works, so EPA is proposing this change to
better describe existing NCP response authorities.
    A new footnote also would be added to Figure 1a. The new footnote
would explain that the NRC does not notify RPMs directly of incidents
involving their sites. Rather, the NRC notifies the predesignated OSC,
who, in turn, notifies the cognizant RPM.
    Original footnotes 1 and 2 in Figure 1a would become footnotes 2
and 3, respectively. The newly numbered footnote 2 which currently
reads ``This includes local representation as well'' would be changed
to ``This includes local and tribal representation as well'' to correct
a previous oversight. Tribal governments may also participate in the
command structure.
    Figure 1b in Sec.  300.105(e)(1) would be revised to add the
following new special teams to the list under ``Sources of Input and
Guidance to Area Committees,'' ``Government'':

 CG-IMAT
 USCG SERT
 EPA CBRN CMAT
 EPA NCERT
 OSHA Response Team
 DOE AMS
 DOE CMHT
 DOE CMRT
 DOE NARAC
 DOE RAP
 DOE REAC/TS
 Others

    ``Others'' would be added to the end of the list to indicate that
additional teams not listed in this Figure may be described in other
documents. While existing NCP Sec.  300.210(c)(1) states that Area
Committees prepare Area Contingency Plans in consultation with certain
special teams--the District Response Groups (DRGs), the National Strike
Force Coordination Center (NSFCC), and Scientific Support Coordinators
(SSCs)--Area Committees may also request assistance from any special
team.
    The order and the way in which the special teams are listed in
Figure 1b would also be revised to be consistent with the order and way
in which the special teams would now be listed in Figure 1a, which
would follow the order in which the teams would be listed in revised
Sec.  300.145. The current special teams lists in Figure 1a and Figure
1b are slightly different and this change in Figure 1b is intended to
avoid any confusion this difference may have caused.
    The RRT section of Figure 1b would also be revised. The box that
currently says ``State(s)'' would be revised to say ``State(s)/
Tribe(s)'' to correct a previous oversight. As stated in existing NCP
Sec. Sec.  300.115(d) and (h) and Sec.  300.180, tribal governments may
also participate on RRTs.
    The footnote to ``RRT'' on Figure 1b (indicated by an asterisk)
would be revised to change ``Standard Federal Regions'' to ``EPA
Regions.'' The wording of Sec.  300.105(e)(2) also would be revised to
change ``standard federal regional boundaries'' to ``EPA regional
boundaries.'' In addition, the title of Figure 2 in Sec.  300.105(e)(2)
would be

revised to change ``Standard Regional Boundaries for Ten Regions'' to
``EPA Regional Boundaries for Ten Regions.'' These three revisions
reflect a change made by the Office of Management and Budget (OMB). The
ten standard federal regions were originally established by OMB
Circular A-105, ``Standard Federal Regions,'' in April, 1974, and were
required for all federal agencies. In 1995, OMB determined that a
strict regional structure for all federal agencies was inefficient and
unnecessary and rescinded the Circular (60 FR 15171, March 22, 1995).
While this regional structure is no longer ``standard'' for all federal
agencies, EPA still uses these original boundaries for its current
regional structure, and these boundaries are still used to delineate
RRT boundaries.
    Figure 2 in Sec.  300.105(e)(2) also would be corrected to change
the current Region ``V1'' designation to ``VI.'' In addition, a
footnote would be added to Figure 2 to describe the geographic
boundaries of the RRTs.

G. Regional Response Teams (Section 300.115)

    The existing sentence in Sec.  300.115(j)(4)(v) that says RRTs may
submit pollution reports to the NRC would be deleted because it is an
outdated federal practice that is no longer followed or needed. OSC
pollution reports are the key situation reports describing the status
of NCP removal actions. These OSC reports are sent or made
electronically available to RRTs and the NRT as needed when those teams
are activated for an incident, rather than to the NRC. The RRTs and
NRTs are the appropriate organizations to receive these reports when
needed.
    The term ``Regional Response Center'' in Sec.  300.115(j)(5) would
be changed to ``Regional Emergency Operations Center'' to use
terminology for such centers that is more common in incident management
systems, again, to aid responders in communicating and working
together. This change supports the objectives of the NRF and NIMS for
greater consistency in national incident management systems. The last
sentence in Sec.  300.115(j)(5) would be further revised by changing
the word ``provided'' to ``identified.''
    The term ``pollution reports'' in Sec.  300.115(j)(8) would be
changed to ``situation reports'' to be consistent with DHS and NRF
terminology for the periodic reports that describe incident response
status and activities. The term ``situation report'' is also a more
accurate description of the contents of these reports and is therefore
a more user-friendly name for the reports.

H. Notification and Communications (Section 300.125)

    Changes are being proposed to Sec.  300.125(a) and (b) to clarify
the language, and to clarify the role and operation of the NRC.
Language would be added to paragraph (a) to explain that the NRC also
distributes notifications to state and tribal government agencies that
have established a written agreement or understanding with the NRC.
This is a current practice by the NRC; the language would be modified
to better reflect current practice.
    Paragraph (b) would be revised to change ``The Commandant, USCG''
to ``The agencies that provide the NRT Chair and Vice Chair.'' This
change better reflects that both EPA and USCG provide significant
support for NRC operations.
    A sentence would be added to paragraph (b) to explain that the
Director of the NRC is responsible for its operation and management.
This does not represent a change in who manages the NRC; it simply
helps to distinguish the role of the NRT Chair and Vice Chair from that
of the Director and may be helpful information for members of NRT
agencies who may need to work with the NRC.

I. Determination To Initiate Response and Special Conditions (Section
300.130)

    The first three sentences in paragraph (f), and all of paragraphs
(h) and (i), in Sec.  300.130 would be deleted and replaced with a note
that discusses the NRF. Current paragraphs (f), (h), and (i) refer to
the Federal Radiological Emergency Response Plan (FRERP) and FRP. The
FRERP described how federal radiological responses were conducted, and
the FRP described how federal assistance was provided under the
Stafford Act. The FRERP and FRP are no longer in effect. Both plans
have been replaced by the NRF and supporting documents (e.g., annexes,
federal interagency operational plans). Therefore, a note would be
added to Sec.  300.130 to refer to the NRF and supporting documents. As
explained earlier in this preamble, the NRF is a guide issued by DHS
under the authority of the HSA, PKEMRA, the Stafford Act, and HSPD-5.
It is not intended to alter or impede other existing federal
authorities, such as CERCLA and the CWA.
    The NRF and supporting documents describe how the NCP may be used
for radiological releases and how the NCP relates to Stafford Act
assistance. The NCP serves as an operational supplement to the NRF. As
explained in this preamble under Subpart A, Sec.  300.3, for some NCP
responses, additional procedures under the NRF and supporting documents
may apply. When additional NRF procedures are activated for an NCP
response, the NCP response will follow the appropriate procedures of
both the NCP and NRF.
    The existing paragraph (f) refers to the FRERP as the applicable
plan for coordinating some federal radiological responses. The FRERP
has been replaced with the NRF and its supporting documents, with most
of its provisions located in an annex called the Nuclear/Radiological
Incident Annex. Most radiological incidents that historically have been
carried out under the NCP will continue to be handled under the NCP
alone, but when the Nuclear/Radiological Incident Annex is activated
for an NCP response, NCP lead and support agencies will conduct their
NCP activities consistent with the Nuclear/Radiological Incident Annex.
When the Annex is activated for a response to which the NCP also
applies, the OSC continues to carry out OSC responsibilities under the
NCP, but coordinates those activities with NRF activities as described
in the Nuclear/Radiological Incident Annex. For example, under the
Annex, the Secretary of DHS may coordinate a federal NCP response to a
radiological release under presidential directive. The Annex also
describes some additional specific federal response assets that are not
listed in the NCP but may be requested by the OSC to assist with a
federal NCP response to a radiological release, such as the Advisory
Team for Environment, Food, and Health.
    The existing fourth sentence in paragraph (f), which is a
paraphrase of a portion of the CERLCA definition of release in 42
U.S.C. 9601(22)(C), would be deleted and replaced with the exact
statutory language for additional clarity.
    The federal government may also provide assistance for disasters
and emergencies under the Stafford Act. Existing paragraphs (h) and (i)
in Sec.  300.130 refer to the Stafford Act and activation of the FRP to
provide federal assistance under the Stafford Act. The FRP has been
replaced by the NRF and supporting documents, so those paragraphs are
being replaced with a note that discusses the NRF.
    If an incident is of such severity and magnitude that effective
response is beyond the capabilities of the state and local governments
and/or federally recognized Indian tribal governments, the President
may, under the Stafford Act, act upon a request by the governor

or Chief Executive of an affected Indian tribal government and declare
a major disaster or emergency. In certain circumstances, the President
may declare an emergency without a request from a governor or Chief
Executive when the primary responsibility for response rests with the
United States because the emergency involves a subject area for which
the United States has exclusive or preeminent responsibility and
authority under the Constitution or laws of the United States.
    In the event of a declaration of a major disaster or emergency by
the President under the Stafford Act, FEMA coordinates the overall
federal response and the President appoints a Federal Coordinating
Officer (FCO) for each affected state or territory to coordinate
federal disaster assistance activities. Delivery of federal assistance
for Stafford Act responses is facilitated through annexes to the NRF
called Emergency Support Functions (ESFs).
    EPA and/or USCG may be requested to provide support to address oil
and hazardous materials releases under the ESF #10--Oil and Hazardous
Materials Response Annex, which further describes how EPA and USCG OSCs
and other EPA and USCG personnel would coordinate their response
actions with the FCO and FEMA. In general, EPA and USCG OSCs respond at
the on-site level to carry out actions to address oil and hazardous
materials releases. EPA and USCG also provide ESF #10 representatives
to FEMA and other coordination centers as needed, such as the FEMA
Joint Field Office(s), Regional Response Coordination Center(s), and
National Response Coordination Center. RRTs and the NRT may also be
activated to provide support to the OSC for the ESF #10 response. EPA
and USCG OSCs also maintain the authority to respond under the NCP if
necessary. In this case, coordination with the FCO and FEMA would still
occur as described above.
    It is important to note that the NRF states that nothing in the NRF
is intended to alter or impede the ability of any federal government
department or agency to carry out its authorities or meet its
responsibilities under applicable laws, executive orders, and
directives.
    Paragraph (g) in Sec.  300.130 also would be deleted. Paragraph (g)
refers to a Memorandum of Understanding (MOU) between the Department of
Defense (DOD), DOE, and FEMA. While the MOU is still in effect, the
signatory agencies agreed it is not necessary to reference this MOU in
the NCP.

J. Response Operations (Section 300.135)

    Paragraph (e) would be revised to delete ``and NSFCC'' because the
USCG believes this is an unnecessary burden on OSCs and RPMs during a
response.
    The phrase ``pollution reports'' would be changed to ``situation
reports'' in paragraph (m) to be more consistent with terminology used
for such status reports under the NRF. This change would also be
consistent with the change from ``pollution reports'' to ``situation
reports'' proposed in Sec.  300.115(j)(8).

K. Special Teams and Other Assistance Available to OSCs/RPMs (Section
300.145)

    Some of the descriptions of existing special teams would be updated
or clarified. In paragraph (b)(4), the title ``Director, Emergency
Response Division'' would be changed to ``Chief, Environmental Response
Team'' to address a reorganization in EPA headquarters. The description
of EPA's Radiological Emergency Response Team (RERT) in paragraph (f)
would be divided into two separate subparagraphs and updated. EPA would
make minor changes to the activation methods for all of the EPA special
teams in this section, including EPA Scientific Support Coordinators
(SSCs), to make the activation methods consistent across the EPA teams.
Each EPA special team would be able to be contacted via: The EPA
Headquarters Emergency Operations Center, EPA representative on the
RRT, or EPA manager of the team.
    Several additional special teams or resources would be added to the
list of assets available to assist OSCs and RPMs. Some of these are new
resources, while some were existing resources that were not previously
listed in the NCP. Descriptions of the following resources would be
added to new paragraphs (i) through (n) of Sec.  300.145:

 CG-IMAT
 USCG SERT
 EPA CBRN CMAT
 EPA NCERT
 OSHA Response Team
 DOE AMS
 DOE CMHT
 DOE CMRT
 DOE NARAC
 DOE RAP
 DOE REAC/TS

    The proposed language in Sec.  300.145 paragraphs (i) through (n)
describes the capabilities of these teams. Additional federal teams
that can support NCP responses may be described in other guidance and
reference documents. Paragraph (e) would also be modified to add the
USCG SERT to the list of resources that OSCs/RPMs may contact for
assistance with marine salvage operations.

L. Public Information and Community Relations (Section 300.155)

    The acronym ``(JIC)'' would be added after ``Joint Information
Center'' in paragraph (a).
    In paragraph (b), the term ``on-scene news office'' would be
changed to ``JIC'' to make it consistent with the existing reference to
the JIC in paragraph (a) and with NIMS. Under NIMS, a JIC coordinates
incident-related public information activities, including acting as the
central point of contact for the news media near the scene of an
incident. Language would also be added noting that the federal OSC/RPM
consults with other appropriate response organizations in locating the
JIC to reflect actual practice. ``On-scene'' would be replaced by
``near the location of the incident'' to allow flexibility to establish
the JIC in a safe location with appropriate support capabilities. The
word ``federal'' would be deleted, as well as a sentence about the
facility being headed by a representative of the lead agency, to be
consistent with the purpose of a JIC established under the NCP, which
is to coordinate public information activities at the tactical level
across multi-jurisdictional responding agencies. The JIC would be
headed by a single Public Information Officer, who may appoint as many
assistants (Assistant Public Information Officers or JIC Specialists)
as necessary and the assistants may represent assisting agencies,
jurisdictions, and/or other response partners.
    A note would be added to Sec.  300.155 that explains that
additional NRF public information procedures may be activated and
implemented for an NCP response. The NRF contains additional procedures
for coordinating federal public information activities in the Emergency
Support Function (ESF) #15--External Affairs Annex and supporting
documents, which also would be followed as appropriate when ESF #15 is
activated for an NCP response. For example, while a JIC may be
established by the OSC and other incident commanders near the incident
scene under NIMS for an NCP removal action, if the ESF #15 Annex is
also activated, the federal government may also establish a national-
level JIC. The national-level JIC would coordinate its activities with
the local JIC and any other JICs established for the incident. Other
ESF #15 communications mechanisms may also be used, such as

the State Incident Communications Conference Line (SICCL) and Private
Sector Incident Communications Conference Line (PICCL). Again, it is
expected that when it does occur, an ESF #15 activation would be for an
NCP removal action rather than for a remedial action. Note that EPA is
not taking comment on the NRF public affairs procedures, only on the
NCP changes to align with those procedures.

M. OSC After Action Reports (Section 300.165)

    The term ``OSC report'' would be expanded to ``OSC after action
report'' in the title of Sec.  300.165 and in paragraphs (a) and (b) of
the section to be more consistent with terminology commonly used in
incident management systems for such post-incident reports. This change
supports the objectives of the NRF and NIMS for greater consistency in
national incident management systems.

N. Federal Agency Participation (Section 300.170)

    A sentence would be added to the introductory paragraph of Sec.
300.170 to recognize that some NRT agencies also may have specific land
management laws, policies, and regulations that could inform or affect
NCP response actions on federal lands managed by those agencies. For
example, proposed Sec.  300.175(b)(9)(i) describes the authority of the
DOI USFWS to authorize entry to, and activity on, refuge system lands.
The new sentence in Sec.  300.170 would not be a new requirement placed
on NCP response actions; it is merely a clarification of roles and
authorities that NRT agencies already have. In the next sentence in
that paragraph, the phrase ``of these agencies'' would be deleted
because it is repetitive and not needed.
    The introductory paragraph in Sec.  300.170 currently uses the word
``duties'' in each of the three sentences in that paragraph. The
proposed rule would delete the word ``duties'' in these three sentences
and replace it with the phrase ``certain authorities and
responsibilities.'' The purpose of this change is to conform the
language in the introductory paragraph of Sec.  300.170 with the
relevant language in the remainder of Sec.  300.170 and with the title
of Sec.  300.175 and the language in Sec.  300.175(a).
    Paragraph (b)(1) would be revised to delete the phrase ``the
Secretary of'' because it is an unnecessary level of detail and does
not reflect the real intention of paragraph (b)(1), which is to make
information available to NRT members, not just ``the Secretary.'' This
is parallel to the intention in paragraph (b)(1) of making information
available to RRTs and Area Committees. (In any case, the NRT does not
currently have a ``Secretary''; it has an Executive Director. Federal
agencies typically provide information to the NRT Executive Director
for subsequent distribution to NRT members.)

O. Federal Agencies; Additional Responsibilities and Assistance
(Section 300.175)

    Like the introduction to Sec.  300.170, paragraph (a) in Sec.
300.175 would be modified to recognize that some NRT agencies also may
have specific land management laws, policies, and regulations that
could inform or affect NCP response actions on federal lands managed by
those agencies. Again, this is not a new requirement being placed on
NCP response actions; it is merely a clarification of roles and
authorities these agencies already had.
    Paragraph (b) of Sec.  300.175 would be revised to update and
clarify the current responsibilities, organizations, and capabilities
of all of the federal agencies listed in paragraph (b), as described in
the proposed language.
    These revisions include updating the descriptions of USCG and FEMA
to show that they are part of DHS. The DHS was established in November
2002 by the passage of the HSA. USCG and FEMA were integrated into the
DHS at that time. DHS develops and coordinates the implementation of a
comprehensive national strategy to secure the United States from
terrorist threats or attacks, major disasters, and other emergencies.
DHS coordinates collection and analysis of threat information and
domestic activities of terrorists or terrorist groups. DHS coordinates
federal resources used in the prevention of, preparation for, response
to, or recovery from terrorist attacks, major disasters, or other
emergencies within the United States in accordance with its
authorities. DHS, through FEMA, administers the NRF and NIMS. DHS and
FEMA work with federal, state, tribal and local agencies and private
entities in performing these functions.
    In addition to USCG and FEMA, the DHS organization includes
components responsible for policy, infrastructure protection,
intelligence and analysis, domestic nuclear detection, science and
technology, customs and border protection, immigration and customs
enforcement, and transportation security.
    In paragraph (b)(5), which describes DOE's roles and capabilities,
the reference to the ``FRERP'' would be deleted because the FRERP was
replaced by the NRF and supporting documents. However, it is not
necessary to reference the NRF in this paragraph because DOE can
provide support and assistance for NCP responses directly as a member
of the NRT, without going through the NRF.
    Federal agencies described in Sec.  300.175 may have additional
roles and responsibilities, as outlined in the NRF and supporting
documents, for incidents that are managed under the NRF.

P. Planning and Coordination Structures (Section 300.205)

    Figure 4, under paragraph (g) in Sec.  300.205, would be revised to
change the current reference to the ``Federal Response Plan (FRP)'' to
the ``National Response Framework (NRF)'' because the NRF has replaced
the FRP. A dotted line would be added between the NRF and the Area
Contingency Plans to reflect an additional point of coordination
between the two. A footnote would be added to ``Facility Response
Plan'' and ``Vessel Response Plan'' that would refer readers to Sec.
300.211 for examples of facility and vessel response plans.

Q. OPA Facility and Vessel Response Plans (Section 300.211)

    A technical correction would be made to paragraph (f) of Sec.
300.211. Paragraph (f) currently states that the federal regulations
that implement the response plan requirements under CWA section
311(j)(5) for rolling stock are codified in ``49 CFR part 106 et al.''
These regulations are found in 49 CFR part 130, so paragraph (f) would
be changed to refer to 49 CFR part 130.
    A table would be added to the end of Sec.  300.211 that would
summarize the information on response plan regulations in paragraphs
(a) through (f) of that section for easier readability. The table would
also identify the federal department or agency that issues those
regulations, and the names of the response plans under those
regulations, to provide readers with additional useful information. The
last sentence in the introductory paragraph to Sec.  300.211 would be
revised to add the phrase ``and summarized in Table 1'' to introduce
the new table.

R. Spills of National Significance (Section 300.323)

    Section 300.323(a) would be amended to add the word ``by'' before
``the Commandant of the USCG'' for clarity. The phrase ``spill of
national significance'' would also be deleted from paragraph (a), and
only the acronym ``SONS'' used, because the

acronym would now be spelled out earlier in the NCP in the new text
that is proposed to be added to the USCG description in Sec.
300.175(b)(1). Additionally, a note would be added after Sec.
300.323(c) to clarify that the EPA Administrator and USCG Commandant
have the authority to declare an oil spill as a SONS under the NCP.
    The note after Sec.  300.323(c) would be added to highlight the
distinction between the EPA inland zone and USCG coastal zone authority
under the NCP to declare a SONS, and any declaration or determination
that may be made by other federal officials or other departments and
agencies under the NRF. This would include any determinations that may
be made by DHS to implement HSPD-5 authorities. For example, under
HSPD-5, the Secretary of DHS has the authority to assume overall
coordination responsibilities for a federal response to an incident.
The Secretary may or may not assume overall federal coordination
responsibilities under HSPD-5 for an incident that EPA or USCG declare
as a SONS under the NCP. That decision is made by the Secretary. The
EPA Administrator and USCG Commandant maintain the authority to
designate an incident as a SONS under the NCP. (The USCG Commandant,
subject to the Secretary's oversight, direction, and guidance, may
declare a SONS and designate a National Incident Commander. See
Commandant Instruction 16465.6, Spill of National Significance (SONS)
Response Management, May 23, 2012.) If the Secretary assumes overall
coordination responsibilities for the federal response to a SONS under
HSPD-5, or activates NRF elements in response to a request for support
from the EPA or USCG without assuming overall coordination
responsibilities, the response is conducted concurrently under the
appropriate NCP and NRF procedures.
    The Secretary may make a determination that it is not necessary to
assume responsibility for coordinating the federal response to a SONS
under HSPD-5. Further, EPA and USCG may determine that adequate federal
resources are being provided under NCP coordination mechanisms for the
response and there is no need to request DHS to activate additional
elements of the NRF. In that case, the SONS response may be carried out
under the NCP without activating additional federal NRF elements (such
as Emergency Support Functions). EPA or USCG, however, would keep DHS
informed of its response activities as appropriate to support DHS
situational awareness.
    It is also possible that the President could make a Stafford Act
declaration for a SONS, or that the President could make a Stafford Act
declaration for a broader incident that contributes to causing a SONS,
such as a catastrophic earthquake that results in widespread impacts,
including a SONS. (See the preamble under Subpart B, Sec.  300.130 for
a more detailed explanation of the Stafford Act.) In such cases, the
SONS response would be carried out under the appropriate NCP and NRF
procedures.

S. Discovery or Notification (Section 300.405)

    This rule proposes a clarification to Sec.  300.405(d). Paragraph
(d) currently says that when people contact the NRC to report a
release, the NRC will generally need information that will help to
characterize the release. Paragraph (d) says this information ``will
include, but is not limited to. . .'' and goes on to provide a list of
examples of the types of information the NRC will need. The current
list of examples includes the ``possible source of the release.'' The
proposed revisions would clarify paragraph (d) to state ``possible
source and cause of the release.'' The NRC already collects information
regarding the cause of the release, even though ``cause'' is not
currently specifically cited as an example in Sec.  300.405(d), so
collecting ``cause'' information would not be a new requirement. The
proposed revisions would add ``cause'' as another specific example in
the rule language to better prepare people who notify the NRC that they
will be asked for this information. As already stated in Sec.
300.405(d), however, reporting should not be delayed due to not having
complete notification information.
    Paragraph (f)(3) currently states that if radiological substances
are present in a release, the OSC should notify the EPA Radiological
Response Coordinator for evaluation and assistance directly or via the
NRC, consistent with Sec. Sec.  300.130(e) and 300.145(f). Paragraph
(f)(3) would be revised to: (1) Replace ``EPA Radiological Response
Coordinator'' with ``RERT''; (2) change the methods for notification
from ``directly or via the NRC'' to ``the EPA Headquarters Emergency
Operations Center, EPA representative on the RRT, or on-duty EPA RERT
Team Commander in the Office of Radiation and Indoor Air''; and (3)
delete the reference to Sec.  300.130(e). ``EPA Radiological Response
Coordinator'' would be replaced with ``RERT'' because EPA no longer has
a position called a ``Radiological Response Coordinator.'' The
notification methods would be changed to be consistent with the changes
to notification methods being proposed to the RERT description in Sec.
300.145(f). The reference to Sec.  300.130(e) would be deleted because
it is no longer appropriate.
    The reference to Sec.  300.130(e) is no longer appropriate because:
(1) The existing NCP reference to Sec.  300.130(e) is incorrect; it was
intended to be a reference to Sec.  300.130(f) instead; and (2) the
FRERP that is cited in the existing Sec.  300.130(f) has been replaced
by the NRF, including the Nuclear/Radiological Incident Annex, and the
NRF does not contain specific language about an OSC contacting the RERT
for assistance with NCP removal actions involving a radioactive
substance. Paragraph 300.130(e) in the existing NCP refers to
discharges originating in the Outer Continental Shelf, which was not
the original intention for that reference in Sec.  300.405(f)(3). The
original intention in Sec.  300.405(f)(3) had been to refer to Sec.
300.130(f), which refers to the old FRERP in the existing NCP. The NCP
final rule issued on March 8, 1990, correctly cited Sec.  300.130(f) in
Sec.  300.405(f)(3) (55 FR 8842, March 8, 1990). However, when other
revisions to the NCP were published on September 15, 1994, the Sec.
300.130(f) citation in Sec.  300.405 was erroneously changed to Sec.
300.130(e) (59 FR 47448, September 15, 1994). So, the existing NCP
reference to Sec.  300.130(e) in Sec.  300.405(f)(3) is an inadvertent
error; it should have been a reference to Sec.  300.130(f), which
references the FRERP in the existing NCP. However, as explained earlier
in this preamble under the changes to Sec.  300.130, the FRERP has been
replaced by the NRF and supporting documents, including the Nuclear/
Radiological Incident Annex. The NRF and Nuclear/Radiological Incident
Annex do not contain specific language stating that an OSC should
notify the EPA Radiological Response Coordinator (or the RERT) for
assistance with NCP removal actions involving a radioactive substance,
so it would not be appropriate to cite the NRF here in Sec.
300.405(f)(3).

T. Removal Action (Section 300.415)

    Paragraph (f) of Sec.  300.415 would be revised to change ``FEMA''
to ``EPA'' and ``shall'' to ``may.'' FEMA was delegated the authority
to conduct temporary relocations for CERCLA responses under Executive
Order 12580, Section 2(c), but FEMA re-delegated that authority to EPA
in 1990. The proposed revisions, therefore, explain that the NCP lead
agency may ask EPA to conduct a temporary relocation or request that
state or local officials conduct an evacuation, where necessary

to protect public health or welfare. (If another federal agency is the
lead agency for a CERCLA removal action and requests EPA to conduct a
temporary relocation using CERCLA funds, Section 9(j) of Executive
Order 12580 provides that the CERCLA fund must be reimbursed by that
agency.) The change from ``shall'' to ``may'' would provide the lead
agency with more flexibility to determine the appropriate action.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2050-0046. EPA is not revising the existing notification
requirements that are contained in 40 CFR part 302; it is merely
clarifying in Sec.  300.405(d) that the NRC asks callers about both the
source and cause of a release, if known. The NRC already collects
information regarding the cause of the release, even though ``cause''
is not currently cited as an example in Sec.  300.405(d), so collecting
``cause'' information would not be a new requirement. The proposed
revisions would add ``cause'' as another specific example in the rule
language to better prepare people who notify the NRC that they will be
asked for this information.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule adds no new burden on small
entities. EPA is not revising the existing NRC notification
requirements that are contained in 40 CFR part 302; it is merely
clarifying in Sec.  300.405(d) that the NRC asks callers about both the
source and cause of the release, if known. The NRC already collects
information regarding the cause of the release, even though ``cause''
is not currently cited as an example in Sec.  300.405(d), so collecting
``cause'' information would not be a new requirement. The proposed
revisions would add ``cause'' as another specific example in the rule
language to better prepare people who notify the NRC that they will be
asked for this information. We have therefore concluded that this
action will add no new regulatory burden on all directly regulated
small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments.
    This action imposes no enforceable duty on any state, local, or
tribal governments or the private sector. That is, this action proposes
changes that align the NCP with the NRF and NIMS and updates the
descriptions and capabilities of the NRT federal agencies and how they
operating, including the establishment of DHS.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175. This rule does not significantly or uniquely
affect the communities of Indian tribal governments, nor would it
impose substantial direct compliance costs on them. Thus, Executive
Order 13175 does not apply to this action. Although this action does
not have impacts on tribes, it does propose to add language that would
reflect existing NCP practices regarding coordination with tribes for
activities occurring on tribal lands, such as adding language to NCP
Figures to show that tribal governments may participate in the incident
command structure and on RRTs.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have disproportionately high and adverse human
health or environmental effects on minority, low-income or indigenous
populations. This action does not affect the level of protection
provided to human health or the environment. EPA is proposing an
alignment of the NCP with the DHS's NRF and NIMS and an update of
federal department and agency organizations and capabilities. These
proposed changes are primarily administrative and procedural in nature.
They look to provide a consistent nationwide approach for federal,
state, and local governments to work effectively and efficiently
together to prepare for and respond to domestic incidents, regardless
of cause, size, or complexity, and to more accurately describe federal
department and agency capabilities.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous materials, Hazardous substances, Incorporation by reference,
Intergovernmental relations, Natural resources, Occupational safety and
health, Oil pollution, Reporting and recordkeeping requirements,
Superfund,

Waste treatment and disposal, Water pollution control, Water supply.

    Dated: January 7, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 300 as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. Revise the authority citation for part 300 to read as follows:

    Authority:  33 U.S.C. 1321; 42 U.S.C. 9601-9657; E.O. 13626, 77
FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.
193.

0
2. Revise Sec.  300.2 to read as follows:

Sec.  300.2  Authority and applicability.

    The NCP is required by section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. 9605, as amended by the Superfund Amendments and Reauthorization
Act of 1986 (SARA), Public Law 99-499, (hereinafter CERCLA), and by
section 311(d) of the Clean Water Act (CWA), 33 U.S.C. 1321(d), as
amended by the Oil Pollution Act of 1990 (OPA), Public Law 101-380. In
Executive Order (E.O.) 12777 (56 FR 54757, October 22, 1991), the
President delegated to the Environmental Protection Agency (EPA) the
responsibility for the amendment of the NCP. Amendments to the NCP are
coordinated with members of the National Response Team (NRT) prior to
publication for notice and comment. The NCP is applicable to response
actions taken pursuant to the authorities under CERCLA and section 311
of the CWA, as amended.
0
3. Amend Sec.  300.3 by:
0
a. Adding a note to paragraph (a); and
0
b. Removing paragraph (d).
    The addition reads as follows:

Sec.  300.3  Scope.

* * * * *
    Note to paragraph (a): The National Response Framework (NRF) is
issued by the Department of Homeland Security (DHS) and followed by
federal departments and agencies. When NRF procedures are activated for
an NCP response, the response is conducted concurrently under the
appropriate NCP and NRF procedures.
* * * * *
0
4. Amend Sec.  300.4 by:
0
a. In paragraph (a) by:
0
i. Revising the term ``CDC'';
0
ii. Adding in alphabetical order the terms ``DHS'' and ``PHMSA'';
0
iii. Removing the term ``RSPA''; and
0
iv. Adding the term ``USFWS''; and
0
b. In paragraph (b) by:
0
i. Adding in alphabetical order the terms ``AMS'', ``CBRN CMAT'', ``CG-
IMAT'', ``CMHT'', ``CMRT'';
0
ii. Removing the terms ``ESF'', ``FCO'', ``FRERP'';
0
iii. Adding in alphabetical order the term ``FRMAC'';
0
iv. Removing the term ``FRP'';
0
v. Adding in alphabetical order the terms ``JIC'', ``NARAC'',
``NCERT'', ``NIMS'', ``NRF'', ``RAP'', ``REAC/TS'', ``REOC'';
0
vi. Removing the term ``RRC'';
0
vii. Adding in alphabetical order the term ``SERT''; and
0
viii. Removing the term ``USFWS''.
    The additions and revisions read as follows:

Sec.  300.4  Abbreviations.

    (a) * * *
* * * * *
CDC Centers for Disease Control and Prevention
DHS Department of Homeland Security
* * * * *
PHMSA Pipeline and Hazardous Materials Safety Administration
* * * * *
USFWS United States Fish and Wildlife Service
* * * * *
    (b) * * *
* * * * *
AMS Aerial Measuring System
* * * * *
CBRN CMAT Chemical, Biological, Radiological, Nuclear Consequence
Management Advisory Team
* * * * *
CG-IMAT Coast Guard Incident Management Assistance Team
CMHT Consequence Management Home Team
CMRT Consequence Management Response Team
* * * * *
FRMAC Federal Radiological Monitoring and Assessment Center
* * * * *
JIC Joint Information Center
* * * * *
NARAC National Atmospheric Release Advisory Center
NCERT National Criminal Enforcement Response Team
* * * * *
NIMS National Incident Management System
* * * * *
NRF National Response Framework
* * * * *
RAP Radiological Assistance Program
* * * * *
REAC/TS Radiation Emergency Assistance Center/Training Site
REOC Regional Emergency Operations Center
* * * * *
SERT Salvage Engineering Response Team
* * * * *
0
5. Amend Sec.  300.5 by:
0
a. Removing the definitions ``Federal Radiological Emergency Response
Plan'' and ``Federal Response Plan'';
0
b. Adding in alphabetical order definitions for ``National Incident
Management System'' and ``National Response Framework'';
0
c. Revising the definitions ``National response system'' and ``Spill of
National Significance''; and
0
d. Adding a note to the end of Sec.  300.5.
    The additions and revisions read as follows:

Sec.  300.5  Definitions.

* * * * *
    National Incident Management System (NIMS) is a consistent
nationwide template for the management of domestic incidents, issued by
the DHS under the authority of the Homeland Security Act of 2002 (HSA),
Post-Katrina Emergency Management Reform Act (PKEMRA), Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act),
and Homeland Security Presidential Directive 5 (HSPD-5). NIMS provides
a systematic, proactive approach to guide government departments and
agencies at all levels, nongovernmental organizations, and the private
sector to work together seamlessly to prevent, protect against, respond
to, recover from, and mitigate the effects of incidents, regardless of
cause, size, location, or complexity, in order to reduce the loss of
life or property and harm to the environment. To provide for
interoperability and compatibility among responding organizations, the
NIMS includes a core set of concepts, principles, procedures,
organizational processes, and terminology. These include the incident
command system; multi-agency coordination systems; training;
identification and management of resources; qualification and
certification; and the collection, tracking, and reporting of incident
information and incident resources.
* * * * *
    National Response Framework (NRF) is a guide to how the Nation
conducts all-hazards response, issued by the DHS under the authority of
the HSA,

PKEMRA, Stafford Act, and HSPD-5. The NRF documents the key response
principles, roles and responsibilities, and coordinating structures
that organize national response. It describes how communities, all
levels of government, and private-sector and nongovernmental partners
apply these principles for a coordinated, effective national response.
    National Response System (NRS) is the mechanism for coordinating
response actions by all levels of government in support of the OSC/RPM.
The NRS is composed of the NRT, RRTs, OSC/RPM, Area Committees, and
Special Teams and related support entities. The NRS is capable of
expanding or contracting to accommodate the response effort required by
the size or complexity of the discharge or release.
* * * * *
    Spill of National Significance (SONS) means a spill of oil that due
to its severity, size, location, actual or potential impact on the
public health and welfare or the environment, or the necessary response
effort, as determined by the EPA Administrator or by the Commandant of
the USCG, is so complex that it requires extraordinary coordination of
federal, state, local, and responsible party resources to contain and
clean up the discharge.
* * * * *
    Note to Sec.  300.5:
    1. Emergency Support Function #10--Oil and Hazardous Materials
Response Annex is an annex to the NRF. It describes how federal support
for environmental response to an actual or potential discharge and/or
release of oil or hazardous materials is provided under the NRF when
the annex is activated.
    2. Emergency Support Function #15--External Affairs Annex is an
annex to the NRF. It describes how federal support for external affairs
is provided under the NRF when the annex is activated. It includes
components for public affairs, congressional affairs, intergovernmental
affairs, and communications with the private sector.
0
6. Amend Sec.  300.105 by:
0
a. Adding a note to paragraph (d);
0
b. Revising paragraph (e)(1) and Figures 1a and 1b; and
0
c. Revising paragraph (e)(2) and Figure 2.
    The additions and revisions read as follows:

Sec.  300.105  General organization concepts.

* * * * *
    (d) * * *
    Note to paragraph (d): The National Incident Management System
(NIMS) is issued by DHS. Federal departments and agencies follow NIMS
and have adopted it for appropriate use in NCP emergency removal
actions.
    (e)(1) The organizational concepts of the National Response System
(NRS) are depicted in the following Figures 1a and 1b:
BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TP25JA16.059

[GRAPHIC] [TIFF OMITTED] TP25JA16.060

    (2) The EPA regional boundaries (which are also the geographic
areas of responsibility for the RRTs) are shown in Figure 2:
* * * * *

[GRAPHIC] [TIFF OMITTED] TP25JA16.061

0
7. Amend Sec.  300.115 by revising paragraphs (j)(4)(iii) and (iv),
removing paragraph (j)(4)(v), and revising paragraphs (j)(5), and
(j)(8) to read as follows:

Sec.  300.115  Regional Response Teams.

* * * * *
    (j) * * *
    (4) * * *
    (iii) Help the OSC/RPM prepare information releases for the public
and for communication with the NRT; and
    (iv) If the circumstances warrant, make recommendations to the
regional or district head of the agency providing the OSC/RPM that a
different OSC/RPM should be designated.
    (5) At the regional level, a Regional Emergency Operations Center
(REOC) may provide facilities and personnel for communications,
information storage, and other requirements for coordinating response.
The location of each REOC should be identified in the RCP.
* * * * *
    (8) Notification of the RRT may be appropriate when full activation
is not necessary, with systematic communication of situation reports or
other means to keep RRT members informed as to actions of potential
concern to a particular agency, or to assist in later RRT evaluation of
regionwide response effectiveness.
* * * * *
0
8. Amend Sec.  300.125 by revising paragraphs (a) and (b) to read as
follows:

Sec.  300.125  Notification and communications.

    (a) The National Response Center (NRC) is a component of and serves
the National Response System, and is located at USCG Headquarters. It
serves

as a national communications center, continuously manned, for handling
activities related to response actions. The NRC provides communications
support for the NRT. The NRC acts as the single point of contact under
the NCP for receiving and disseminating reports of pollution incidents.
Notice of discharges and releases must be made telephonically through a
toll free number or a special local number. (Telecommunication Device
for the Deaf (TDD) and collect calls are accepted). (Notification
details appear in Sec. Sec.  300.300 and 300.405.) The NRC receives and
immediately relays telephone notices of discharges or releases to the
appropriate predesignated federal OSC. The telephone report is also
distributed to any interested NRT member agency, federal entity, or
state or tribal government agency that has established a written
agreement or understanding with the NRC. The NRC evaluates incoming
information and immediately advises FEMA of a potential major disaster
situation.
    (b) The agencies that provide the NRT Chair and Vice Chair, in
conjunction with other NRT agencies, shall provide the necessary
personnel, communications, plotting facilities, and equipment for the
NRC. The operation and management of the NRC is the responsibility of
the Director of the NRC.
* * * * *
0
9. Amend Sec.  300.130 as follows:
0
a. Revise paragraph (f);
0
b. Remove paragraphs (g), (h), and (i); and
0
c. Add a note to the end of Sec.  300.130.

Sec.  300.130  Determinations to initiate response and special
conditions.

* * * * *
    (f) Release of source, byproduct, or special nuclear material from
a nuclear incident, as those terms are defined in the Atomic Energy Act
of 1954, if such release is subject to requirements with respect to
financial protection established by the Nuclear Regulatory Commission
under section 170 of such Act, is excluded from the definition of
release in 42 U.S.C. 9601(22)(C).
    Note to Sec.  300.130: The NRF and supporting documents describe
how the NCP, and other federal authorities, may be used to respond to
radiological releases. The NRF and supporting documents also describe
how the NCP may be used in the event of a declaration of a major
disaster or emergency by the President under the Stafford Act. The FEMA
coordinates the federal response under the Stafford Act. The NRF and
supporting documents, including the Emergency Support Function #10--Oil
and Hazardous Materials Response Annex, describe how NCP response
structures and activities integrate with FEMA structures and activities
during these responses. The NRF does not alter NCP authorities.
0
10. Amend Sec.  300.135 by revising paragraphs (e) and (m) to read as
follows:

Sec.  300.135  Response operations.

* * * * *
    (e) The OSC/RPM should consult regularly with the RRT, as
appropriate, in carrying out the NCP and keep the RRT, as appropriate,
informed of activities under the NCP.
* * * * *
    (m) The OSC shall submit situation reports to the RRT and other
appropriate agencies as significant developments occur during response
actions, through communications networks or procedures agreed to by the
RRT and covered in the RCP.
* * * * *
0
11. Amend Sec.  300.145 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing paragraph (a)(3);
0
c. Revising paragraphs (b)(4), (c)(1), (e), and (f); and
0
d. Adding paragraphs (i) through (n).
    The additions and revisions read as follows:

Sec.  300.145  Special teams and other assistance available to OSCs/
RPMs.

    (a) The NSF is a special team established by the USCG, including
the three USCG Strike Teams and the NSFCC. The NSF is available to
assist OSCs/RPMs in their preparedness and response duties.
* * * * *
    (b) * * *
* * * * *
    (4) OSC/RPM or RRT requests for ERT support should be made through
the EPA Headquarters Emergency Operations Center, EPA representative on
the RRT, or EPA Headquarters, Chief, Environmental Response Team.
    (c) * * *
    (1) Generally, SSCs are provided by NOAA in the coastal zone, and
by EPA in the inland zone. OSC/RPM requests for SSC support can be made
directly to the SSC assigned to the area or to the agency member of the
RRT. EPA SSCs can also be requested through the EPA Headquarters
Emergency Operations Center or the team-specific EPA point of contact
designated in this section for the EPA special team whose type of
expertise is needed. NOAA SSCs can also be requested through NOAA's
Office of Response and Restoration. NOAA SSCs are assigned to USCG
Districts and are supported by a scientific support team that includes
expertise in environmental chemistry, oil slick tracking, pollutant
transport modeling, natural resources at risk, environmental tradeoffs
of countermeasures and cleanup, and information management.
* * * * *
    (e) For marine salvage operations, OSCs/RPMs with responsibility
for monitoring, evaluating, or supervising these activities should
request assistance from the USCG Salvage Engineering Response Team
(SERT), DOD, the Strike Teams, or commercial salvors as necessary.
    (f)(1) The Radiological Emergency Response Team (RERT) is
established by EPA in accordance with its radiological disaster and
emergency responsibilities. The RERT can provide response and technical
assistance to the OSC/RPM for incidents or sites containing
radiological hazards. The RERT can provide technical advice and
assistance to prevent or minimize threats to public health and the
environment; provide advice on protective measures to reduce or
minimize radiation exposure; provide assessments of dose; perform site
assessment, contamination surveys, monitoring, sampling, laboratory
analyses and data assessments to assess and characterize environmental
impacts; and provide technical advice and assistance for containment,
cleanup, waste management, restoration, and recovery following a
radiological incident. The RERT directly supports EPA's participation
in the Federal Radiological Monitoring and Assessment Center (FRMAC),
when the FRMAC is activated.
    (2) The OSC/RPM may request RERT support through the EPA
Headquarters Emergency Operations Center, EPA representative on the
RRT, or on-duty EPA RERT Team Commander in the Office of Radiation and
Indoor Air.
* * * * *
    (i) The U.S. Coast Guard Incident Management Assistance Team (CG-
IMAT) is a scalable resource designed to assist federal OSCs by
providing highly trained personnel who can assist in: Major incident
management activities; ongoing training and qualification of Coast
Guardsmen throughout the United States; carrying out exercises which
validate plans and procedures and build confidence in capabilities;
and, for the Coast Guard in general, the ongoing development of
competent and effective management capabilities at Coast Guard

field units. By maintaining this comprehensive functionality, the CG-
IMAT has significant in-garrison responsibilities that actively support
all-hazard training, exercises, and readiness assessments. The CG-IMAT
has four distinct capabilities:
    (1) Incident Management Capability--The CG-IMAT is a Type-1 IMAT
that can assist operational commanders to successfully manage incidents
and events through the deployment of highly trained individuals, four-
person Away Teams, 15-person Deployable Elements, or the entire CG-
IMAT. The structure provides adaptive force packages to best support
the needs of the operational commanders.
    (2) Training Support Capability--The CG-IMAT can assist USCG Areas,
Districts, Sectors, and Force Readiness Command in the conduct of NIMS
training and support ongoing efforts to certify individuals in
position-specific qualifications.
    (3) Exercise Support Capability--The CG-IMAT can employ specific
personnel to assist in the development, training, conduct, and
evaluation of exercises.
    (4) The Public Information Assist Team (PIAT) is an element of the
CG-IMAT that is available to assist federal OSCs to meet the needs for
public information during a response or exercise.
    (5) For non-USCG federal OSCs, requests for CG-IMAT support can be
made through the USCG Headquarters National Command Center. Requests
for PIAT assistance can be made through the CG-IMAT or NRC.
    (j)(1) The USCG SERT can provide immediate salvage engineering
support in response to vessel casualties and emergencies. This includes
independent technical evaluation of the situation and assistance in
formulating practical and effective solutions.
    (2) The SERT can provide expertise in evaluating vessel casualties,
reviewing and developing salvage plans, and providing salvage technical
assistance directly to the OSC/RPM. The SERT has access to vessel plans
and salvage engineering analysis software, and knowledge of commercial
vessel construction and stability. The SERT is able to deploy and
provide on-site assistance.
    (3) The OSC/RPM may request support through the NRC, directly from
the SERT, or through the USCG Headquarters National Command Center or
USCG Marine Safety Center.
    (k)(1) The EPA Chemical, Biological, Radiological, Nuclear
Consequence Management Advisory Team (CBRN CMAT) can provide response
and technical assistance for incidents or sites involving chemical,
biological, radiological and/or nuclear hazards. Scientific and
technical expertise can be provided to the OSC/RPM for all phases of
CBRN environmental response, including characterization,
decontamination and cleanup, clearance, and waste management. The CBRN
CMAT directly supports EPA's participation in the FRMAC, when a FRMAC
is activated.
    (2) The CBRN CMAT can provide specialized scientific support and
technical expertise specifically for characterization, decontamination
and cleanup, clearance, and waste management of buildings and building
contents, public infrastructure, transportation systems, and outdoor
spaces. The CBRN CMAT engages in evaluating, advising, leading, or
collaborating on various applied research projects that can support
CBRN field response.
    (3) The CBRN CMAT maintains technologically advanced response
assets and capabilities, including but not limited to, an airborne
stand-off chemical and radiological detection, infrared and
photographic imagery platform that provides results within minutes, and
a mobile laboratory designed to detect chemical warfare agents and
toxic industrial chemicals.
    (4) The OSC/RPM may request CBRN CMAT assistance through the EPA
Headquarters Emergency Operations Center, EPA representative on the
RRT, or EPA Headquarters, Director, CBRN Consequence Management
Advisory Division.
    (l)(1) The EPA National Criminal Enforcement Response Team (NCERT)
in the Office of Criminal Enforcement, Forensics, and Training supports
environmental crime investigations involving chemical, biological, or
radiological releases to the environment. The team can also provide
specialized law enforcement services in support of the EPA's overall
mission to protect human health and the environment.
    (2) The NCERT provides specially trained Law Enforcement Officers
with all-hazards response capability to collect forensic evidence
within contaminated zones and serve as law enforcement liaisons with
other law enforcement agencies. The NCERT maintains several
strategically placed response platforms that contain safety and
forensic equipment to properly process a contaminated crime scene.
    (3) The OSC/RPM may request NCERT support through the EPA
Headquarters Emergency Operations Center, EPA representative on the
RRT, or EPA Headquarters, Director, Office of Criminal Enforcement,
Forensics and Training.
    (m)(1) The OSHA Response Team can support the OSC/RPM in the area
of response worker safety and health. The team can provide safety and
health expertise and support for incidents involving toxic industrial
chemicals, chemical warfare agents, biological agents, ionizing and
non-ionizing radiation, collapsed structures, demolition and other
construction-type activities. The team is comprised of certified
industrial hygienists, certified health physicists, professional
engineers, toxicologists, occupational physicians, and specialized
safety experts.
    (2) The OSHA Response Team is available to assist OSCs/RPMs in
their preparedness and response duties. Requests for support should be
made through the NRC, or directly to OSHA's Health Response Team
Director, located at OSHA's Salt Lake Technical Center in Sandy, Utah
or OSHA's Director, Directorate of Technical Support and Emergency
Management located in OSHA's national office.
    (n)(1) DOE has the following special teams:
    (i) Aerial Measuring System (AMS) can provide a rapid survey of
radiation contamination during a radiological emergency by using
aircraft equipped to detect radioactive contamination on the ground.
    (ii) Consequence Management Home Team (CMHT) can assist field
assets in the support of federal, state, tribal, and local response
organizations with modeling, radiological operations planning, field
monitoring techniques, and the analysis, interpretation and
distribution of radiological data. These reach-back capabilities can be
activated quickly to support public safety and minimize the health and
environmental impact of a nuclear or radiological incident.
    (iii) Consequence Management Response Team (CMRT) can provide data
collection, assessment, and interpretation for decision makers in the
event of a radiological incident.
    (iv) National Atmospheric Release Advisory Center (NARAC) can
provide near real-time assessment of atmospheric releases for rapid
decision-making during an emergency involving a nuclear or radiological
release.
    (v) Radiation Emergency Assistance Center/Training Site (REAC/TS)
can provide reach-back radiation medical assistance or deploy personnel
and equipment for direct medical care in support of a radiological
emergency. The REAC/TS also conducts robust

radiation medicine training for healthcare providers.
    (vi) Radiological Assistance Program (RAP) can provide first
response radiological assistance in the detection and identification of
radiological and nuclear threats, and responds to events involving the
release of radiological materials in the environment.
    (2) All DOE teams may be requested through the DOE Watch Office,
DOE Headquarters (National Nuclear Security Administration, Office of
Emergency Operations). All teams may be requested independently of any
other response construct they support. For example, the CMHT, CMRT, or
AMS may be requested independent of a request for a Federal
Radiological Monitoring and Assessment Center (FRMAC), which those
teams normally support as the DOE component of the FRMAC when a FRMAC
is activated. Deployed CMRT and RAP teams are typically supported by
the CMHT. An OSC/RPM request for a CMRT or RAP team would include the
support of the CMHT when DOE determines such CMHT support is needed.
0
12. Amend Sec.  300.155 by revising paragraphs (a) and (b) and adding a
note to the end of Sec.  300.155 to read as follows:

Sec.  300.155  Public information and community relations.

    (a) When an incident occurs, it is imperative to give the public
prompt, accurate information on the nature of the incident and the
actions underway to mitigate the damage. OSCs/RPMs and community
relations personnel should ensure that all appropriate public and
private interests are kept informed and that their concerns are
considered throughout a response. They should coordinate with available
public affairs/community relations resources to carry out this
responsibility by establishing, as appropriate, a Joint Information
Center (JIC) bringing together resources from federal and state
agencies and the responsible party.
    (b) A JIC may be established near the location of the incident to
coordinate media relations and to issue official information on an
incident. The OSC/RPM, in consultation with other response
organizations as appropriate, determines the location of the JIC, but
every effort should be made to locate it near the scene of the
incident. If a participating agency believes public interest warrants
the issuance of statements and a JIC has not been established, the
affected agency should recommend its establishment. All federal news
releases or statements by participating agencies should be cleared
through the OSC/RPM. Information dissemination relating to natural
resource damage assessment activities shall be coordinated through the
lead administrative trustee. The designated lead administrative trustee
may assist the OSC/RPM by disseminating information on issues relating
to damage assessment activities. Following termination of removal
activity, information dissemination on damage assessment activities
shall be through the lead administrative trustee.
* * * * *
    Note to Sec.  300.155: NRF procedures for public affairs and
external communications, including those in the Emergency Support
Function #15--External Affairs Annex, may be activated and implemented
in addition to NCP procedures.
0
13. Revise Sec.  300.165 to read as follows:

Sec.  300.165  OSC after action reports.

    (a) As requested by the NRT or RRT, the OSC/RPM shall submit to the
NRT or RRT a complete report on the removal operation and the actions
taken. The RRT shall review the OSC after action report and send to the
NRT a copy of the OSC report with its comments or recommendations
within 30 days after the RRT has received the OSC report.
    (b) The OSC after action report shall record the situation as it
developed, the actions taken, the resources committed, and the problems
encountered.
0
14. Amend Sec.  300.170 by revising the introductory paragraph and
paragraph (b)(1) to read as follows:

Sec.  300.170  Federal agency participation.

    Federal agencies listed in Sec.  300.175 have certain authorities
and responsibilities established by statute, executive order, or
Presidential directive which may apply to federal response actions
following, or in prevention of, the discharge of oil or release of a
hazardous substance, pollutant, or contaminant. Some of these agencies
also have specific land management laws, policies, and regulations that
may inform or affect response actions on federal lands under the
jurisdiction, custody, or control of the agency. Some also have certain
authorities and responsibilities relating to the restoration,
rehabilitation, replacement, or acquisition of equivalent natural
resources injured or lost as a result of such discharge or release as
described in subpart G of this part. The NRT, RRT, and Area Committee
organizational structure, and the NCP, RCPs and ACPs, described in
Sec.  300.210, provide for agencies to coordinate with each other in
carrying out these authorities and responsibilities.
* * * * *
    (b) * * *
    (1) Make necessary information available to the NRT, RRTs, Area
Committees, and OSCs/RPMs.
* * * * *
0
15. Revise Sec.  300.175 to read as follows:

Sec.  300.175  Federal agencies: additional responsibilities and
assistance.

    (a) During preparedness planning or in an actual response, various
federal agencies may be called upon to provide assistance in their
respective areas of expertise, as indicated in paragraph (b) of this
section, consistent with agency capabilities and legal authorities,
including any federal land management laws, policies, and/or
regulations that may inform or affect response actions taken on
federally controlled land.
    (b) The federal agencies include:
    (1) USCG, as provided in 14 U.S.C. 1-3, is an agency in DHS, except
when operating as an agency in the United States Navy in time of war.
USCG provides the NRT vice chair, co-chairs for the standing RRTs, and
predesignated OSCs for the coastal zone, as described in Sec.
300.120(a)(1). USCG maintains continuously manned facilities which can
be used for command, control, and surveillance of oil discharges and
hazardous substance releases occurring in the coastal zone. USCG also
offers expertise in domestic and international fields of port safety
and security, maritime law enforcement, ship navigation and
construction, vessel salvage, the manning, operation, and safety of
vessels and marine facilities, and vessel environmental pollution
control. USCG may enter into a contract or cooperative agreement with
the appropriate state in order to implement a response action. USCG
manages the Preparedness for Response Exercise Program (PREP) and a
Spill of National Significance (SONS) exercise program to test spill
response plans at all levels of industry and government. The USCG's
NPFC manages the OSLTF.
    (2) EPA chairs the NRT and co-chairs, with the USCG, the standing
RRTs; provides predesignated OSCs for all inland areas for which an ACP
is required under CWA section 311(j) and for discharges and releases
occurring in the inland zone and RPMs for remedial actions except as
otherwise provided; and generally provides the SSC for responses in the
inland zone. EPA provides expertise on human health and ecological
effects of oil discharges or releases of hazardous substances,

pollutants, or contaminants; methods for determining the type and
extent of environmental contamination; ecological and human health risk
assessment methods; environmental pollution control techniques (e.g.,
containment, decontamination, removal); and waste management and
disposal. Access to EPA's scientific expertise can be facilitated
through the EPA Headquarters Emergency Operations Center; the EPA
representative to the Science and Technology Committee of the NRT; the
EPA Office of Research and Development's Superfund Technical Liaison or
Regional Scientists located in EPA Regional offices; the EPA
representative to the RRT; or, for EPA special teams, as described in
Sec.  300.145. In addition, EPA can provide radiological monitoring and
assessment assistance as part of the FRMAC, an interagency entity
established under the NRF that may be activated by the lead agency to
coordinate all federal environmental radiological monitoring and
assessment activities for radiological or nuclear accidents or
incidents. EPA augments the DOE-led FRMAC during the initial response
(through RERT, CBRN CMAT, and other personnel) and assumes leadership
of the FRMAC from DOE at a mutually agreed upon time. EPA also provides
legal expertise on the interpretation of CERCLA and other environmental
statutes. EPA may enter into a contract or cooperative agreement with
the appropriate state in order to implement a response action.
    (3) FEMA is an agency in DHS whose mission includes providing
guidance, policy and program advice, and technical assistance in
hazardous materials, chemical, and radiological emergency preparedness
activities (including planning, training, and exercising). The FEMA
Protection and National Preparedness Office administers financial and
technical assistance to state and local governments to support their
efforts to develop and maintain an effective emergency management and
response capability.
    (4) DOD has responsibility to take all action necessary with
respect to releases where either the release is on, or the sole source
of the release is from, any facility or vessel under the jurisdiction,
custody, or control of DOD. In the event of releases that are unrelated
to DOD, DOD may, consistent with its operational requirements and upon
request of the OSC, provide appropriate support to other federal
agencies. In such event, the following components of DOD may have
particular relevance or expertise:
    (i) United States Army Corps of Engineers (USACE) can provide
design services, construction services, channel maintenance, removal of
navigation obstructions, contract formation and administrative
services, technical support for responses involving chemical,
biological, radiological, or nuclear materials, and assistance in
conducting temporary relocations. USACE has discretionary authority in
an emergency situation to remove sunken vessels that are located in a
federally-maintained navigable channel under 33 U.S.C. 403 and 409.
USACE also has limited authority to remove debris from federally-
maintained navigable channels and waterways under section 202 of the
Water Resources Development Act of 1976 (Public Law 94-587). The USACE
Regulatory Program administers Section 10 of the Rivers and Harbors Act
of 1899, which requires Department of Army (DA) authorization for work
or structures in, over, or under navigable waters of the U.S. or
affecting the course, location, or condition of those waters; section
404 of the Clean Water Act, which requires DA authorization for the
discharge of dredged or fill material into waters of the U.S.,
including wetlands; and section 103 of the Marine Protection, Research,
and Sanctuaries Act, which requires DA authorization for the
transportation of dredged material for ocean disposal.
    (ii) The Pentagon office of Joint Director of Military Support
allocates DOD resources in response to requests from civil authorities.
Such requests for assistance are typically processed and acted upon
after a written request via the DOD Executive Secretary.
    (iii) U.S. Northern Command is the domestic combatant command which
also has responsibility, when directed by the President or Secretary of
Defense, to provide support and assistance to civil authorities,
including consequence management operations.
    (iv) U.S. Navy Supervisor of Salvage (SUPSALV) is the DOD component
most knowledgeable and experienced in ship salvage, harbor clearance,
towing, oil and hazardous spill response, underwater ship repair, and
diving. The U.S. Navy has an extensive array of specialized equipment
and personnel available for use in these areas as well as specialized
containment, collection, and removal equipment specifically designed
for salvage-related and open-sea pollution incidents. In addition to
the capabilities provided by SUPSALV, DOD may also, consistent with
operational commitments, provide locally deployed Navy oil spill
response equipment and operating personnel.
    (5) DOE generally provides designated OSCs/RPMs that are
responsible for taking all response actions with respect to releases
where either the release is on, or the sole source of the release is
from, any facility or vessel under its jurisdiction, custody, or
control, including vessels bareboat-chartered and operated. In
addition, DOE provides advice and assistance to other OSCs/RPMs for
emergency actions essential for the control of immediate radiological
hazards. Incidents that qualify for DOE radiological advice and
assistance are those believed to involve source, by-product, or special
nuclear material or other ionizing radiation sources, including radium,
and other naturally occurring radionuclides, as well as particle
accelerators. Radiological assistance is available as described in
Sec.  300.145(n). In addition, DOE can provide radiological monitoring
and assessment assistance to the OSC/RPM as part of the FRMAC, when the
FRMAC is activated. DOE leads the FRMAC for the initial response, then
transitions FRMAC leadership to EPA at a mutually agreed upon time.
    (6) Department of Agriculture (USDA) has scientific and technical
capability to measure, evaluate, and monitor, either on the ground or
by use of aircraft, situations where natural resources including soil,
water, wildlife, and vegetation have been impacted by fire, insects and
diseases, floods, hazardous substances, and other natural or man-caused
emergencies. USDA may be contacted through Forest Service emergency
staff officers who are the designated members of the RRT. Agencies
within USDA have relevant capabilities and expertise as follows:
    (i) Forest Service has responsibility for protection and management
of national forests and national grasslands. Forest Service has
personnel, laboratory, and field capability to measure, evaluate,
monitor, and control as needed, releases of pesticides and other
hazardous substances on lands under its jurisdiction. Forest Service
can also provide Incident Management Teams and support logistics such
as communications and personnel.
    (ii) Agriculture Research Service (ARS) administers an applied and
developmental research program in animal and plant protection and
production; the use and improvement of soil, water, and air; the
processing, storage, and distribution of farm products; and human
nutrition. ARS has the capabilities to provide regulation of, and
evaluation and training for, employees exposed to biological,

chemical, radiological, and industrial hazards. In emergency
situations, ARS can identify, control, and abate pollution in the areas
of air, soil, wastes, pesticides, radiation, and toxic substances for
ARS facilities. ARS has a network of laboratories that can analyze
samples of biologic select agents.
    (iii) Natural Resources Conservation Service has personnel in
nearly every county in the nation who are knowledgeable in soil,
agronomy, engineering, and biology. These personnel can help to predict
the effects of pollutants on soil and their movements over and through
soils. Technical specialists can assist in identifying potential
hazardous waste disposal sites and provide review and advice on plans
for remedial measures.
    (iv) Animal and Plant Health Inspection Service (APHIS) can respond
in an emergency to regulate movement of diseased or infected organisms
to prevent the spread and contamination of non-affected areas and
assist in animal carcass disposal. APHIS/Wildlife Services can also
provide assistance in the assessment of wildlife impacts, hazing and
wildlife capture and deterrence, and other wildlife-related services.
    (v) Food Safety and Inspection Service (FSIS) has responsibility to
prevent meat and poultry products contaminated with harmful substances
from entering human food channels. In emergencies, FSIS works with
other federal and state agencies to establish acceptability for
slaughter of exposed or potentially exposed animals and their products.
    (7) DOC, through NOAA, provides trust resource representation to
the NRT and RRTs, consultations on protected and endangered species,
and scientific and operational support for responding to emergency
events and contingency planning in coastal and marine areas and the
Great Lakes. NOAA resources are available through the regional NOAA
SSC, RRT representative, or through the NOAA Desk at the DHS National
Operations Center. Specific NOAA responsibilities and capabilities are:
    (i) Scientific support for oil and other hazardous materials spill
operations, including weapons of mass destruction events: on-scene
SSCs; assessments of the hazards that may be involved; predictions of
movement and dispersion of the pollutant through trajectory modeling;
information on the sensitivity of coastal environments to oil; field
assessments of oil distributions on water or shorelines; sampling and/
or monitoring and analytical analysis; recommendations on best
practices for protection of resources; coordination on the development
of cleanup endpoints; recommendations on cleanup or mitigation
techniques; and information management for environmental data;
    (ii) Scientific Support Coordinators as a special team, described
in Sec.  300.145(c); established in a nationwide network, providing
direct assistance to federal OSCs, coordinating scientific information
from federal, state, local agencies, academia, tribes and private
industry, supporting all aspects of response operations;
    (iii) Expertise and consultation on living marine resources and
their habitats and other trustee resources, including endangered
species, marine mammals, essential fish habitat, and National Marine
Sanctuary ecosystems; ecological, historical, and cultural resources at
risk; recommendations on best practices for protection of Endangered
Species Act species, essential fish habitat, and marine mammals; on-
scene or remote support for oiled wildlife recovery and rehabilitation
practices for NOAA trust resources; access to user communities, local
and state resource management agency partners and injury assessment
staff; and natural resource damage assessment;
    (iv) Meteorological and oceanographic data and forecasts:
information on actual and predicted meteorological, hydrological, ice,
and oceanographic conditions for marine, coastal, and inland waters,
and tide and circulation data for coastal and territorial waters and
for the Great Lakes; and on-scene or remote National Weather Service
support to include Incident Meteorologists or Warning Coordination
Meteorologists;
    (v) Dissemination of informational messages associated with
specific hazardous events through the use of NOAA All Hazards Radio and
other NOAA alert broadcast methods;
    (vi) Rapid hydrographic surveys to locate underwater obstructions
and update navigational charts; and
    (vii) Satellite and aircraft remote sensing and photogrammetric
data.
    (8) HHS assists with the assessment, preservation, and protection
of human health and helps ensure the availability of essential human
services. HHS provides technical and nontechnical assistance in the
form of advice, guidance, and resources to other federal agencies as
well as territorial, tribal, state and local governments.
    (i) The principal HHS response is coordinated from the Office of
the Assistant Secretary for Preparedness and Response (ASPR). Within
HHS, the primary response to a hazardous materials emergency comes from
the Agency for Toxic Substances and Disease Registry (ATSDR) and
Centers for Disease Control and Prevention (CDC). Both ATSDR and CDC
have a 24-hour emergency response capability wherein scientific and
technical personnel are available to provide technical assistance to
the lead federal agency and state and local response agencies on human
health threat assessment and analysis, and exposure prevention,
recovery, and mitigation. Such assistance is used for situations
requiring evacuation of affected areas, human exposure to hazardous
materials, and technical advice on mitigation and prevention. CDC takes
the lead during petroleum releases regulated under the CWA and OPA,
while ATSDR takes the lead during chemical releases under CERCLA. Both
agencies are mutually supportive and have a centralized point of
contact for supporting NCP responses.
    (ii) Other HHS agencies involved in support during hazardous
materials incidents either directly or through the ASPR and/or ATSDR/
CDC include the Food and Drug Administration, Health Resources and
Services Administration, Indian Health Service, Administration for
Children and Families, Substance Abuse and Mental Health Services
Administration, and National Institutes of Health (NIH).
    (iii) Statutory authority for HHS/NIH/National Institutes for
Environmental Health Sciences (NIEHS) involvement in hazardous
materials accident prevention is non-regulatory in nature and focused
on two primary areas for preventing community and worker exposure to
hazardous materials releases: worker safety training and basic research
activities. Under section 126 of SARA, NIEHS is given statutory
authority for supporting development of curricula and model training
programs for waste workers and chemical emergency responders. Under
Title IX, section 901(h) of the Clean Air Act Amendments, NIEHS also is
authorized to conduct basic research on air pollutants, as well as
train physicians in environmental health. Federal research and training
in hazardous materials release prevention represents an important non-
regulatory activity and supplements ongoing private sector programs.
    (9) Department of the Interior (DOI) protects, manages, and
provides access to U.S. natural and cultural resources and historic
properties and to mineral resources in offshore waters of the U.S.
Outer Continental Shelf (OCS). DOI protects and manages the Nation's
natural resources and cultural heritage;

provides scientific and other information about those resources; and
honors the Nation's trust responsibilities and special commitments to
American Indians, Alaska Natives, and affiliated island communities.
DOI manages the National Park System, national wildlife refuges and
fish hatcheries, the public lands, and certain water projects in
western states. DOI is responsible for migratory bird and wildlife
conservation; historic preservation; endangered species conservation;
surface-mined lands protection and restoration; mapping, geological,
hydrological, and biological science for the Nation; and financial and
technical assistance for the insular areas. DOI also regulates
exploration, development, and production of mineral resources in the
OCS and regulates offshore alternative energy activities. DOI should be
contacted through the Office of Environmental Policy and Compliance
(OEPC) Regional Environmental Officers (REOs), who are the designated
members of RRTs. OEPC is the official DOI point-of-contact for oil and
hazardous substances pollution emergency preparedness and response
(www.doi.gov/oepc). OEPC represents DOI on the RRTs and NRT, providing
coordinated DOI input to RRT and NRT preparedness and response
documents and activities. OEPC REOs receive initial notification of
actual (or potential) oil discharges and hazardous substances releases
from OSCs and RPMs. OEPC subsequently contacts the appropriate DOI
Bureau(s) and coordinates DOI participation in NRS activities. When
necessary, OEPC serves as the DOI representative for incident-specific
RRT and NRT activations and provides DOI input to decision-making on
response actions to protect natural and cultural resources, which may
address the use of chemical countermeasures and identification of
places of refuge for vessels needing assistance. DOI bureaus and
offices have relevant expertise as follows:
    (i) United States Fish and Wildlife Service (USFWS): Provides
expertise to protect threatened and endangered species and their
habitats, migratory birds, anadromous fish, certain marine mammals, sea
turtles on-shore, and historic properties, including input on
appropriate cleanup techniques, actions and end points. Serves as the
focal point within DOI for providing consultations to OSCs/RPMs
regarding threatened or endangered species and their habitats.
Coordinates all federal permitting for and oversight of bird hazing,
collection, and treatment activities and coordination of all federal
permitting activities for hazing, collecting, rescuing, and holding
migratory birds, certain marine mammals, and threatened and endangered
species. Authorizes entry to, and oversees activities on, national
wildlife refuge system lands.
    (ii) National Park Service (NPS): Responsible for protection and
management of units of the National Park System including, but not
limited to, National Parks, National Recreation Areas, National
Seashores, National Historic Sites, National Battlefield Parks,
National Monuments, and Wild and Scenic Rivers. Provides advice on and
participates in activities affecting historic properties and cultural
resources. For incidents involving NPS lands and/or resources, NPS can
participate in preparedness activities and response decision-making to
address access, sensitive natural and cultural resources and historic
properties, protection priorities, public health and safety, law
enforcement, and other issues related to removal and remediation
actions taken or planned on NPS-managed lands. NPS also has independent
authority under the Park System Resource Protection Act 16 U.S.C. 19jj
for recovery of costs on response actions taken to minimize the
destruction, loss, or injury to park system resources.
    (iii) U.S. Geological Survey (USGS): Performs research in support
of biological resource management; inventories, monitors, and reports
on the status of and trends in the nation's biotic resources; and
transfers the information gained in research and monitoring to resource
managers and others concerned with the care, use, and conservation of
the nation's natural resources. USGS biologic research laboratories can
advise and support NCP responses. USGS can also provide support
services related to geology, hydrology (ground water and surface
water), geospatial information, and natural hazards.
    (iv) Bureau of Land Management (BLM): Responsible for authorization
of entry to, and resource protection of, the land and minerals managed
by BLM. BLM provides expertise in emergency response, particularly for
fire and hazardous materials incidents. Many BLM offices are equipped
to provide assistance with sampling, investigation, surveillance, and
security. BLM also has expertise in on-shore energy production,
cadastral survey, cultural and historic properties, natural resources,
and federal property acquisition and disposal.
    (v) Bureau of Ocean Energy Management (BOEM): Promotes energy
independence, environmental protection, and economic development
through responsible, science-based management of offshore conventional
and renewable energy and marine mineral resources. BOEM's Office of
Environmental Programs conducts environmental reviews, including
National Environmental Policy Act analyses and compliance documents for
each major stage of energy development planning. These analyses inform
the bureau's decisions on its five year OCS oil and gas leasing
program, and conventional and renewable energy leasing and development
activities. Additionally, BOEM's scientists conduct and oversee
environmental studies to inform policy decisions relating to the
management of energy and marine mineral resources on the OCS.
    (vi) Bureau of Safety and Environmental Enforcement (BSEE):
Regulates and oversees the exploration, development, and production
operations for oil and natural gas on the OCS to ensure that it is done
in a safe and environmentally responsible manner. BSEE's functions
include oil and gas permitting, facility inspections, regulations and
standards development, safety research, environmental compliance and
enforcement, and oil spill prevention and readiness for facilities
located in both federal (OCS) and state waters seaward of the coastline
that handle, store, or transport oil. BSEE reviews and approves
producers' oil spill response plans, and conducts readiness capability
assessments through unannounced oil spill exercises and inspection of
oil spill response equipment. During oil spills from offshore
facilities seaward of the coastline, BSEE provides expertise on source
control activities under the direction of the federal OSC. BSEE also
funds applied oil spill response research and manages Ohmsett--the
National Oil Spill Response and Renewable Energy Test Facility--through
its Oil Spill Response Research Program.
    (vii) Bureau of Reclamation (BOR): Provides advice and information
on operation, control, and maintenance of water systems and related
resources, including dams, reservoirs, and channels. BOR has expertise
in engineering and hydrology and can provide design services,
construction, contracting, oversight and administration activity.
    (viii) Office of Surface Mining Reclamation and Enforcement:
Provides advice on surface coal mining, including abandoned coal mined
lands, coal outcrop fires, coal mine wastes, waste bank stability, and
toxic drainage.

    (ix) Bureau of Indian Affairs (BIA): Assists in coordinating and
communicating with, and obtaining access to, Indian lands and tribal
officials. BIA has many programs to assist tribal governments and
uphold Indian trust responsibilities.
    (x) Office of Insular Affairs: Provides assistance to American
Samoa, Guam, the Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau, the Commonwealth of the
Northern Mariana Islands, and the U.S. Virgin Islands. May provide
intergovernmental expertise to foster communications to implement the
NCP in these areas.
    (xi) Office of Aviation Services: Provides access to DOI-approved
aircraft, including on-scene inspection and certification teams, and
arranges for air traffic control via the Federal Aviation
Administration.
    (10) Department of Justice (DOJ) can provide expert advice on
complicated legal questions arising from discharges or releases, and
federal agency responses. In addition, DOJ represents the federal
government, including its agencies, in litigation relating to such
discharges or releases. Other legal issues or questions shall be
directed to the federal agency counsel for the agency providing the
OSC/RPM for the response. DOJ components, such as the Federal Bureau of
Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and