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[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Proposed Rules]
[Pages 3982-4005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 Once submitted, comments cannot be edited or withdrawn.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, (202) 564-1977, 
schumann.jean@epa.gov.

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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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

[[Page 3983]]

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

[[Page 3984]]

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

[[Page 3985]]

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

[[Page 3986]]

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

[[Page 3987]]

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

[[Page 3988]]

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

[[Page 3989]]

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

[[Page 3990]]

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

[[Page 3991]]

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,

[[Page 3992]]

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,

[[Page 3993]]

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

[[Page 3994]]

[GRAPHIC] [TIFF OMITTED] TP25JA16.059

[[Page 3995]]

[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:
* * * * *

[[Page 3996]]

[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

[[Page 3997]]

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

[[Page 3998]]

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

[[Page 3999]]

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,

[[Page 4000]]

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,

[[Page 4001]]

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;

[[Page 4002]]

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.

[[Page 4003]]

    (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 
Drug Enforcement Administration, can coordinate with OSCs on 
investigative and enforcement activities.
    (11) Department of Labor (DOL), through OSHA and the states 
operating plans approved under section 18 of the Occupational Safety 
and Health Act, has authority to conduct safety and health inspections 
of hazardous waste sites to assure that employees are being protected 
and to determine if the site is in compliance with:
    (i) Safety and health standards and regulations promulgated by OSHA 
(or the states) in accordance with section 126 of SARA and all other 
applicable standards; and
    (ii) Regulations promulgated under the Occupational and Safety 
Health Act and its general duty clause. OSHA inspections may be self-
generated, consistent with its program operations and objectives, or 
may be conducted in response to requests from EPA or another lead 
agency, or in response to accidents or employee complaints. OSHA may 
also conduct inspections at hazardous waste sites in those states with 
approved plans that choose not to exercise their jurisdiction to 
inspect such sites. On request, OSHA will provide advice and 
consultation to EPA and other NRT/RRT agencies as well as to the OSC/
RPM regarding hazards to persons engaged in response activities. OSHA 
may also take any other action necessary to assure that employees are 
properly protected at such response activities.
    (12) DOT provides response expertise pertaining to transportation 
of oil or hazardous substances by all modes of transportation. Through 
the Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT 
offers expertise in the requirements for packaging, handling, and 
transporting regulated hazardous materials. DOT, through PHMSA, 
establishes oil discharge contingency planning requirements for 
pipelines, transport by rail and containers or bulk transport of oil.
    (13) Department of State (DOS) plays a key role in supporting the 
development of international joint contingency plans. It will also help 
to coordinate an international response when discharges or releases 
cross international boundaries or involve foreign flag vessels. 
Additionally, DOS will coordinate requests for assistance from foreign 
governments and U.S. proposals for conducting research at incidents 
that occur in waters of other countries.
    (14) Nuclear Regulatory Commission will respond, as appropriate, to 
releases of radioactive materials by its licensees, in accordance with 
Nuclear Regulatory Commission incident response procedures to monitor 
the actions of those licensees and assure that the public health and 
environment are protected and adequate recovery operations are 
instituted. The Nuclear Regulatory Commission will keep EPA informed of 
any significant actual or potential releases in accordance with 
procedural agreements. In addition, the Nuclear Regulatory Commission 
will provide advice to the OSC/RPM when assistance is required in 
identifying the source and character of other hazardous substance 
releases where the Nuclear Regulatory Commission has licensing 
authority for activities utilizing radioactive materials.
    (15) General Services Administration (GSA) provides logistical 
support for a variety of goods and services via its acquisitions 
capability to federal, state, tribal, local and non-governmental 
organization entities. GSA also provides leasing support for needed 
facilities; transportation services for air, land, or sea; and 
telecommunications support. GSA can provide advisory assistance to 
other government agencies to facilitate lodging, charter air, and 
vehicle rentals, among other items, off of its Federal Supply 
Schedules.
0
16. Amend Sec.  300.205 by revising Figure 4 in paragraph (g) to read 
as follows:

Sec.  300.205  Planning and coordination structure.

* * * * *
    (g) * * *

[[Page 4004]]

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0
17. Amend Sec.  300.211 by:
0
a. Revising the introductory text;
0
b. Revising paragraph (f); and
0
c. Adding table 1 to Sec.  300.211
    The additions and revisions read as follows:

Sec.  300.211  OPA facility and vessel response plans.

    This section describes and cross-references the regulations that 
implement section 311(j)(5) of the CWA. A tank vessel, as defined under 
section 2101 of title 46, U.S. Code, an offshore facility, and an 
onshore facility that, because of its location, could reasonably expect 
to cause substantial harm to the environment by discharging into or on 
the navigable waters, adjoining shorelines, or exclusive economic zone 
must prepare and submit a plan for responding, to the maximum extent 
practicable, to a worst case discharge, and to a substantial threat of 
such a discharge, of oil or a hazardous substance. These response plans 
are required to be consistent with applicable Area Contingency Plans. 
These regulations are codified as follows and summarized in table 1 to 
Sec.  300.211:
* * * * *
    (f) For rolling stock, these regulations are codified in 49 CFR 
part 130.

[[Page 4005]]

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0
18. Amend Sec.  300.323 by revising paragraph (a) and adding a note to 
the end of Sec.  300.323 to read as follows:

Sec.  300.323  Spills of national significance.

    (a) A discharge may be classified as a SONS by the Administrator of 
EPA for discharges occurring in the inland zone and by the Commandant 
of the USCG for discharges occurring in the coastal zone.
* * * * *
    Note to Sec.  300.323: The EPA Administrator and USCG Commandant 
maintain the authority to designate an incident as a SONS under the 
NCP. This authority is separate from other federal authorities that may 
be exercised by other federal officials and other federal departments 
and agencies under the NRF.
0
19. Amend Sec.  300.405 by revising paragraphs (d) and (f)(3) to read 
as follows:

Sec.  300.405  Discovery or notification.

* * * * *
    (d) The NRC will generally need information that will help to 
characterize the release. This will include, but not be limited to: 
Location of the release; type(s) of material(s) released; an estimate 
of the quantity of material released; possible source and cause of the 
release; and date and time of the release. Reporting under paragraphs 
(b) and (c) of this section shall not be delayed due to incomplete 
notification information.
* * * * *
    (f) * * *
    (3) If radioactive substances are present in a release, the RERT 
should be notified for evaluation and assistance 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, consistent with Sec.  300.145(f).
* * * * *
0
20. Amend Sec.  300.415 by revising paragraph (f) to read as follows:

Sec.  300.415  Removal action.

* * * * *
    (f) Where necessary to protect public health or welfare, the lead 
agency may request that EPA conduct a temporary relocation or that 
state/local officials conduct an evacuation.
* * * * *
[FR Doc. 2016-00663 Filed 1-22-16; 8:45 am]
BILLING CODE 6560-50-P
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