159 



Federal Register / Vol. 45, No. 55 / Wednesday, March 19, 1980 / Rules and Regulations 17839 



discharge or an imminent disciiarge of 

 large quantities of oil or a hazardous 

 substance from a vesseLihe United 

 States may: 



(1) Coordinate and direct all public 

 and private efforts for the removal or 

 elimination of the threat; and 



(2) Summarily remove and, if 

 necessary, destroy the vessel by 

 whatever means axe available without 

 regard to any provisions of law 

 governing the employment of personnel 

 or the expenditure of appropriated 

 funds. The authority for these actions 

 has been delegated under Executive 

 Order 11735 to the Administrator of EPA 

 and the Secretary of the Department in 

 which the Coast Guard is operating, 

 respectively, for the waters for which 

 each designates the OSC under this 

 Plan. 



(d) When the Administrator of EPA or 

 the Secretary of the Department in 

 which the Coast Guard is operating 

 determines there is an imminent and 

 substantial threat to the public health 

 and welfare because of an actual or 

 threatened discharge of oil or hazardous 

 substance into or upon the waters of the 

 United States from any onshore or 

 offshore facility, he may require, through 

 the Attorney C^neral that the U.S. 

 Attorney of the district in which the 

 threat occurs secure the relief necessary 

 to abate the threat. The NRT may 

 request EPA or the USCG to exercise 

 this authority. The action described here 

 is in addition to any other actions taken 

 by a state or local government for the 

 same purpose. 



(e) Federal agencies with facilities or 

 other resources which may be useful in 

 a Federal response situation will make 

 those facilities or resources available for 

 use in accordance with this Plan and the 

 regional and local plans. Federal 

 resources shall be made available to the 

 extent possible, consistent with 

 agencies' operational requirements, 

 within the limits of existing statutory 

 authority, and within the spirit of the 

 President's and the Congress intent to 

 minimize discharges and their effects. 



[f]'Environmental pollution control 

 techniques shall be employed in 

 accordance with applicable regulations 

 and guidelines, and regional and local 

 contingency plans. In any circumstances 

 not covered by regulations, the use of 

 chemicals shall be in accordance with 

 Annex X and aaiit have the concurrence 

 of the EPA representative or alternate 

 representative on the RRT. In the 

 absence of the EPA representative or 

 alternate, the concurrence of the 

 appropriate EPA regional administrator 

 must be obtained. 



(g) Response actions to remove 

 discharges originating Snm Outer 



Continental Shelf Lands Actoperations 

 shall be in accordance with the August 

 1971 Memorandum of Understanding 

 between DOI and DOT concerning 

 respective responsibilities under this 

 Plan. 



(b) Discharges of radioactive 

 materials shall be handled pursuant to 

 the Interagency Radiological Assistance 

 Plan which is administered by the 

 Department of Energy. 



§1510.22 Duties of Federal agtndas. 



(aj Each of the participating Federal 

 agencies has duties established by 

 statute. Executive Ordir, or Presidential 

 directive which may be relevant to the 

 Federal response to a pollution 

 discharge. See Annex IV for a ' 

 description of applicable legal 

 authorities. Regional contingency plana 

 shall call upon agencies to discharge 

 these duties in a coordinated manner. 

 They shall provide for 



(1) Identification of the statutory 

 responsibilities of all agencies involved: 



(2) Prompt notification of agency 

 representatives in the event of a 

 threatened or actual oil or hazardous 

 substances spiU: 



(3) Designation of agency 

 representatives to assist OSCs in 

 developing local contingency plans; and 



(4) Coordination of agency 

 representatives with the OSC during a 

 pollution incident (see S 1510.36(a)[3)^ 



(b) The following Federal agencies 

 have specific duties and responsibilities 

 which are relevant to a response to 

 discharges of oil or hazardous 

 substances: 



(1) The Council on Environmental 

 Quality is responsible for preparing, 

 publishing, revising and amending the 

 National Contingency Plan. The NRT 

 will advise CEQ on necessary changes 

 to the Plan and CEQ shall insure that 

 any disagreements among participating 

 agencies are expeditiously settled. 



(2) The Department of Agriculture 

 provides expertise in managing 

 agriculturaL forest and wilderness 

 areas and in selecting landfill disposal 

 sites. The Soil Conservation Service can 

 provide to the OSC predictions of the 

 effects of pollutants on soil and their 

 movements over and through soiL 



(3) The Department of Commerce, 

 through NOAA, shall provide'Sdentific 

 expertise on living marine resources for 

 which it is responsible, including 

 endangered species and marine 

 mammals (see { 1510.36(a)(3)}; 

 coordinate scientific support provide 

 current and predicted meteorologic, - 

 hydrologic, ice and oceanographic 

 conditions for the high seas, coastal and 

 inland waters; provide charts and maps, 

 including tide and current information. 



for coastal and territorial waters and the 

 Great Lakes; and assist EPA in damage 

 assessment in coastal areas and on the 

 high seas. When requested by NRT. 

 DOC through MarAd will provide advice 

 on the design, construction and 

 operation of merchant ships. 



(4) The Department of Defense, 

 consistent with its operational 

 requirements, may provide assistance in 

 maintaining navigation chaimels. in the 

 removal of navigation obstructions, and 

 in salvage. Upon request of the OSC 

 NRT, or USCG, the services and special 

 equipment of the Supervisor of Salvage. 

 USN will be provided as available for 

 the cleanup and control of oil spills. 

 Upon request from the OSC, locally 

 deployed Navy equipment may be 

 provided. 



(5) The Department of Energy 

 administers, implements, and 

 coordinates the Interagency 

 Radiological Assistance Plan (IRAP). 

 DOE vrill advise the NRT when 

 assistance is required in identifying the 

 source and extent of radioactive 

 contamination, and in the removal and 

 disposal of radioactive discharges. 



(8) The Department of Health. 

 Education, and Welfare is responsible 

 for providing expert advice and 

 assistance on discharges or potential 

 -discharges that pose a threat to public 

 health and safety. 



(7) Federal Emergency Management 

 Agency participates in the development 

 and evaluation of national regional, and 

 local oil and hazardous substance 

 pollution contingency plans in 

 accordance with Executive Order 12148, 

 Section 2-1: monitors responses related 

 to such plans in accordance with 

 Executive Order 12148, Section 2-2: and 

 evaluates Slate Governors' requests for 

 Presidential declarations of major 

 disasters or determinations of 

 emergency under Pub. L 93-288 (42 

 U.S.C. 4401, et seq.], the Disaster Relief 

 Act of 1974. 



(8) The Department of Interior, 

 through the USGS, can provide expertise 

 in the fields of oil drilling, producing, 

 handling, and transportation by pipeline. 

 The USGS supervises continuously 

 maimed facilities which can be used for 

 command, control and surveillance of 

 discharges occurring from operations 

 conducted under the Outer Continental 

 Shelf Lands Act The Bureau of Mines 

 may provide analytical facilities which 

 in an emergency could be of aid in 

 identifying inorganic hazardous 

 substances. Through its pollution 

 response coordinators, the Fish and 

 Wildlife Service of DOI will provide 

 technical expertise to the OSC and RRT 

 on fish and wildlife and their habitats, 

 including migratory birds, marine 



