158 



17838 Federal Register / Vol. 45. No. 55 / Wednesday. March 19. 1980 / Rules and Regulationg 



OSC— On-Scene Coordinator. 



PIAT — Public Information Assistance 



Team. 

 SSC — Scientific Support Coordinator. 

 RRC — Regional Response Center. 

 RRT — Regional Response Team. 



31SiaS OcniMlona. 



(a) Act — means the Clean Water Act, 

 as amended. 33 U.S.C 1251, et seq. 



(bj Activation — means notification by 

 telephone or other expeditious means to 

 the appropriate state and local officials, 

 to the regional or district office of 

 participating agencies, or, when 

 required, the assembly of some or all 

 members of the RRT or the NRT. 



(c) Coastal waters — generally means 

 U.S. waters which are oavigabie by 

 deep draft vessels, including the 

 contiguous zone and parts of the high 

 seas to which this Plan is applicable and 

 other waters subject to tidal influence. 



(d) Contiguous Zone— means the zone 

 of the high seas, established by the 

 United States under Article 24 of the 

 Convention on the Territorial Sea and 

 the Contiguous Zone, which is 

 contiguous to the territorial sea and 

 which extends 12 miles seaward from 

 the same baseline from which the 

 territorial sea is measured. 



(e) Discharge — includes, but is not 

 limited to, any apilling. laaicing, 

 pumping, pouring, emitting, emptying or 

 dumping of oil or hazardous substances. 

 Discharges permitted under Section 301. 

 302, 306. 318, 402 or 404 of the Act or 

 Section 102 of the Marine Protection, 

 Research and Sanctuaries Act of 1972 

 (Pub. L. No. 92-532) are not included. 



(f) Hazardous substance — means any 

 substance designated as hazardous 

 under subsection (b)(2) of section 311 of 

 the Act (see 40 CFR Part 118). 



(g) Inland waters — generally means 

 U.S. waters upstream frtun coastal 

 waters. 



(h) Major disastei^-means any 

 hurricane, tornado, storm, flood, high 

 water, wind-driven water, tidal wave, 

 tsunami, earthquake, drought fire or 

 other catastrophe in the United State* 

 which the President determines to be 

 damaging enough to warrant major 

 disaster assistance under the Disaster 

 Relief Act of 1974 (Pub. I. 93-288). 



(i) Presidential Emergency 

 Determination — a formal Presidential 

 decision made at the request of a State 

 Governor determining that a situation 

 constitutes an "emergency" in 

 accordance with the provisions of the 

 Disaster ReUef Act of 1974 (Pub. L 93- 

 288). 



(j) Oil — means oil of any kind or in 

 any form, including, but not limited to, 

 petroleum, fuel oil. sludge, oil refuse and 



oil mixed with wastes other than 

 dredged spoil. 



(k) On-Scene Coordinator (OSC) — 

 means the Federal official predesignated 

 by the EPA or the USCG to coordinate 

 and direct the Federal response to spills, 

 and discharge removal efforts at the 

 scane of a discharge^ 



(1) Phases — response actions fall into 

 five classes or phases. Phase I is 

 Discovery and Notification: Phase II, 

 Evaluation and Initiation of Action: 

 Phase nL Containment and 

 Countermeasures: Phase IV, Removal, 

 Mitigation and Disposal: and Phase V, 

 Documentation and Cost Recovery. 

 Elements of any phase may coincide 

 with other phases. For a full description 

 of the phases, see Subpart E, } 1510.51- 

 55. 



(m) Plan — means the National Oil and 

 Hazardous Substances Pollntion 

 Contingency Plan. 



(n) Potential discharge — means any 

 accident or other circumstance which 

 constitutes a substantial threat of a 

 discharge of oil or hazardous substance. 

 Severity of potential discharges shall be 

 classified according to the guidelines in 

 subparagraph (r) below. 



(0) Participating agencies— means all 

 departments and agencies on the NRT 

 that have responsibility and provide 

 resources for the effective operation of 

 this Plan. 



(p) Public health or welfare— includes 

 all factors affecting human health and 

 welfare, including, but not limited to. 

 human health, the natural enviroiunent. 

 fish, shellfish. wildUfe, and public and 

 private property, shorelines and 

 beaches. 



(qj Remove or removal — means the 

 removal of oil or hazardous substances 

 from the water and shorelines or taidng 

 necessary actions to minimize or 

 mitigate damage to the public health or 

 welfare. Under this Plan, removal refere 

 to Phase HI and IV response operations. 



(r) Size classes of discharges— The 

 following classifications are provided as 

 guidance for the OSC and serve as the 

 criteria for the actions delineated in 

 Section 1510.63. They are not meant to 

 imply associated degrees of hazard to 

 the public health or welfare, nor are 

 they a measure of environmental 

 damage. Any discharge that poses a 

 substantial threat to the pubUc health or 

 welfare, or results in critical public 

 concern shall be classed as major 

 discharge regardless of the following 

 quantitative measures. 



(1) Minor discbarge — means a 

 discharge to the inland waters of less 

 than 1000 gallons of oil; or a discharge to 

 the coastal waters of less than 10,000 

 gallons of oil; or a discharge of a 

 hazardous substance in a quantity less 



than that defined as reportable by 

 regulation (40 CFR Part 117). 



(2) Medium discharge — means a 

 discharge of 1.000 to 10,000 gallons of oil 

 to the inland waters: or a discharge of 

 10,000 gallons to 100,000 gallons of oil to 

 the coastal waters; or a discharge of a 

 hazardous substance equal to or greater 

 than a reportable quantity as defined by 

 regulations (40 CFR Part 117). 



(3) Major discharge— means a 

 discharge of more than 10.000 gallons of 

 oil to the inland waten; or more than 

 100,000 gallons of oil to the coastal 

 watera; or a discharge of a hazardous 

 substance that poses a substantial 

 threat to the public health or welfare, or 

 results in critical public concern. 



(s) United States — means the States, 

 the District of Columbia, the 

 Commonwealth of Puerto Rico, the 

 Canal Zone, Guam. American Samoa, 

 the Virgin Islands, and the Trust 

 Territory of the Pacific Islands. 



Subpart B— RMponalMltty 



91S10.31 FMtanI respoiwibUtty. 



(a) This Plan seeks to insure a 

 coordinated Federal response at the 

 scene of a discharge, or a potential 

 discharge of od or hazardous substance 

 that poses a threat to the public health 

 or welfare. In the event of a discharge, 

 the Federal OSC shall first promptiy 

 determine (under section 311(c)(1) of the 

 Act) whether the person responsible for 

 the discharge is taking proper action to 

 remove the discharge or threat of 

 discharge. If practicable, the OSC shall 

 make the person responsible aware of 

 his financial responsibility. If the OSC 

 determines that the penon responsible 

 is taking proper action, the OSC shall 

 monitor progress and provide advice. If 

 the person responsible does not act 

 promptiy or fails to take proper removal 

 actions, or if the person responsible is 

 unknown, or if a potential discharge is 

 considered to exist further Federal 

 response actions shall be undertaken 

 promptiy in accordance with this Plan. 



(b) Removal actions taken under 

 section 311(c)(1) of the Act are limited to 

 the areas described in i 1510.3(a) (Scope 

 of Plan). When a discbarge or potential 

 discharge that poses a threat to U.S. 

 waters, occurs outside the Plan's 

 jurisdictioa the procedures of this Plan 

 and those of regional and local plans 

 apply to the extent practicable; removal 

 will take place under other legal 

 authorities. 



(c) In accordance with section 311(d] 

 of the Act whenever a marine disaster 

 in or upon the navigable waters of the 

 United States has created a substantial 

 threat of a pollution hazard to the public 

 health or welfare, because of a 



