169 



Federal Register / Vol. 45. No. 55 / Wednesday. March 19, 1980 / Rules and Regulations 17349 



(c)(1) Scientific support is organized 

 by EPA and NOAA, witii assistance 

 from DOI. to support the OSC by 

 providing scientific assistance including: 

 oceanography, chemistry, location of 

 enviromnentaliy sensitive areas, 

 assessment of environmental damage 

 and coordination of on-scene scientific 

 activity. Generally, the Scientific 

 Support Coordinator (SSC) for coastal 

 oil spills will be provided by NOAA and 

 those for Inland spills will be provided 

 by EPA. This delmeaUon of 

 responsibility may be modified within a 

 region by agreement between OOC, DOI 

 and EPA representatives to the RRT. 



(2) Scientific support coordinators 

 serve as advisors to the RRT and OSC in 

 planning and on the OSC staff during 

 major spill response operations. 



(ij In planning, the SSC works with 

 the RRT to identify vulnerable resources 

 within the region and to establish and 

 maintain a scientific support structure 

 within the region. The structure should 

 be adequate to provide the OSC with 

 well qualified scientific assistance. 

 Specific responsibilitiesTjf the SSC in 

 pl anning are: 



(aa) Establish contact with the 

 scientific community within the region, 

 including State, local, university, 

 industry and others, to determine the 

 existing capability to perform damage 

 assessment that may be necessary in 

 support of the OSC. In those regions 

 whose states have well developed 

 scientific organizations, they should be 

 employed to support the OSC 



(bb) Organize the development of 

 those portions of regional and local 

 contingency plans that deal with 

 scientific support to the OSC and the 

 responsibihties of agencies that must 

 perform damage assessment of pollution 

 incidents. The SSC shall advise each 

 OSC of scientists who can provide 

 scientific advice in assessing effects of 

 spills in localized areas. 



(cc) Identify, in cooperation with the 

 region's scientific community, research 

 (basic or applied, data gathering, 

 processing, etc.) required to support the 

 OSC in mitigating the effects of spills 

 and improve the existing capability to 

 support damage assessment 



(ii) When requested by the OSC, the 

 SSC will function as a member of the 

 OSCs staff. In that capacity, the SSC 

 functions as the liaison between the 

 scientific community and the OSC. The 

 extent and nature of SSC mvolvement in 

 the operational mode shall be 

 determined by the OSC In order to 

 provide an orderly and intelligible flow 

 of information to the OSC act as a 

 mediator among differing scientific 

 opinions, and advise the OSC on use by 

 scientific personnel of limited common 



resources such as aircraft and vessels, 

 the SSC shall: 



(aa) Coordinate response from 

 scientific to OSC requests for assistance 

 and to requests from RRT agencies for 

 performance of damage assessment 

 investigations: coordinate responses and 

 requests from scientists interested in 

 performing research on spills. 



(bb) Serve as the principal liaison for 

 scientific advice from the scientific 

 community to the OSC The SSC shall 

 ensure that differing scientific views 

 within the scientific community are 

 communicated to the OSC in timely 

 manner. 



(3) The SSC will respond to requests 

 for assistance from the OSC or from the 

 chairman of the appropriate RRT. 

 Details on provision of the access to 

 scientific support shall be included in 

 regional contingency plans. 



(d) The activation or involvement of 

 any special forces shall not reheve the 

 OSC of any responsibilities for 

 notification and activation of any 

 member agency of the RRT concerning a 

 pollution incident The activation and 

 involvement of any special forces will 

 not replace or impede the response 

 actions of any RRT agencies in carrying 

 out responsibilities outlined in { 1510.22, 

 or in providing advice or assistance to 

 the OSC or RRT relative to a pollution 

 incident 



S1510.6S Funding. 



(a) If the person responsible for the 

 discharge or threat of discharge does not 

 act promptiy, or take proper removal 

 actions, or ii the person responsible for' 

 the discharge is unknown. Federal 

 discharge removal actions may begin 

 under section 3H(c)(l) of die Act The 

 discharger. If known, is liable for the 

 costs of Federal removal in accordance 

 with section 311(f) of the Act 



(b) Actions undertaken by the 

 participating agencies in response to 

 pollution shall be carried out under 

 existing programs and authorities 

 insofar as practicable. This Plan intends 

 that Federal agencies will make 

 resources available, expend funds, or . 

 participate in response to pollution 

 incidents under their existing authority. 

 Authority to expend resources will be in 

 accordance with agencies' basic statutes 

 and, if required, through cross-servicing 

 agreements. Specific interagency 

 reimbursement agreements may be 

 signed when necessary to ensure that 

 the Federal resources will be available 

 for a timely response to a pollution 

 incident llie ultimate decision as to the 

 appropriateness of expending funds 

 rests with the agency that is held 

 accountable for such expenditures. 



(c) A pollution revolving fimd, 

 administered by the Commandant 

 usee, has been established pursuant lo 

 section 311(k) of the Act Regulations 

 governing the administration and use of 

 the fund are contained in 33 CFR Part 

 153. The OSC shall exercise sufficient 

 control over removal operations to be 

 able to certify that reimbursement from 

 the fund is appropriate. 



(d) Funding of response actions other 

 than removal, such as scientific 

 investigations not in support of removal 

 actions or law enforcement shall be 

 provided by the agency with legal 

 responsibility for those specific actions. 



(e) The funding of removal actions 

 necessitated by a discharge from a 

 Federally operated or supervised facility 

 or vessel is the responsibility of the 

 operating or supervising.agency. 



(f) The following agencies have funds 

 available for certain discharge removal 

 actions: 



(1) The EPA can provide funds to 

 begin timely discharge removal actions 

 when the OSC is an EPA representative. 

 Because EPA does not have funds 

 authorized for this purpose, operating 

 program funds may be used to initiate 

 Phase in and IV activities; funding of 

 continuing Phase IH and IV actions, 

 however, shall be determined on a case- 

 by-case basis by the Oil and Special 

 Materials Control Division at EPA. 



(2) The USCG pollution conttol efforts 

 are funded under "operating expenses." 

 These funds are used in accordance 

 with agency directives and applicable 

 regional plans. 



(3) The Department of Defense has 

 two specific sources of funds which may 

 be appUcable to a pollution incident 

 under appropriate circumstances. [This 

 does not consider military resources 

 which might be made available under 

 specific conditions.) 



(i) Funds required for removal of a 

 sunken vessel or similar obstruction of 

 navigation are available to the Corps of 

 Engineers through Civil Functions 

 Appropriations, Operations and 

 Maintenance. General. 



(ii) The U.S. Navy has funds available 

 on a reimbiu^able basis to conduct 

 salvage operations. 



(g) Certain emergency response 

 activities under this plan may qualify for 

 reimbursement as disaster reUef 

 functions. In making a declaration of a 

 "major disaster" or a determination that 

 an "emergency" exists, the President 

 may allocate funds from his Disaster 

 Relief Fund, managed by the Dfrector, 

 Federal Emergency Management 

 Agency. The Director may then 

 authorize certain reimbursements to . 

 Federal agencies for assistance provided 

 under direction of his office. (See Title 



