National Contingency Plan (NCP)
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| National Contingency Plan (NCP) | |
|---|---|
| Name | National Contingency Plan |
| Formed | 1968 |
| Preceding1 | Federal Water Pollution Control Act |
| Jurisdiction | United States |
| Parent agency | Environmental Protection Agency |
National Contingency Plan (NCP) The National Contingency Plan (NCP) is the United States federal framework for responding to hazardous substance releases, oil spills, and radiological incidents, developed to coordinate Environmental Protection Agency actions with United States Coast Guard, Department of Defense, and Federal Emergency Management Agency operational authorities. It implements statutory mandates under the Comprehensive Environmental Response, Compensation, and Liability Act and the Oil Pollution Act of 1990, and integrates incident management practices used by Federal Emergency Management Agency during events like Hurricane Katrina and Deepwater Horizon oil spill. The Plan establishes Federal roles that interact with state and tribal authorities such as the State Emergency Response Commission and Bureau of Indian Affairs during multi-jurisdictional responses.
Overview
The NCP defines national systems for preparedness, notification, and response that align Environmental Protection Agency protocols with United States Coast Guard contingency operations and Department of Homeland Security policy, reflecting lessons from the Torrey Canyon disaster, the Exxon Valdez oil spill, and the Three Mile Island accident. It specifies the use of the National Incident Management System and the Incident Command System to coordinate Federal, state, local, and tribal resources, while referencing technical authorities like the National Response Center and the Regional Response Team network. The Plan’s architecture incorporates response teams modeled after National Strike Force elements and interoperates with Urban Search and Rescue Task Force capabilities when hazardous materials overlap with catastrophic events such as the Northridge earthquake.
Legal Authority and Scope
The NCP implements statutory authority under statutes including the Comprehensive Environmental Response, Compensation, and Liability Act, the Clean Water Act, and the Oil Pollution Act of 1990, and coordinates with regulatory regimes promulgated by the Environmental Protection Agency and enforcement actions by the United States Department of Justice. It delineates Federal removal authority for releases posing an imminent and substantial danger to public health, property, or the environment, interacting with civil liability mechanisms from cases such as Atlantic Richfield Co. v. USA and settlements enforced by the Environmental Protection Agency. The Plan’s reach extends to navigable waters and shorelines managed by the United States Coast Guard and to contaminated sites subject to remedial action overseen by the National Priorities List process.
Incident Command and Response Structure
The NCP mandates use of the Incident Command System within the broader National Incident Management System to unify command across entities such as the Environmental Protection Agency, United States Coast Guard, Federal Emergency Management Agency, and Department of Defense components like United States Army Corps of Engineers. Response roles include the On-Scene Coordinator model, drawing personnel from Regional Response Team membership and supported by technical centers like the National Oceanic and Atmospheric Administration’s Office of Response and Restoration and the National Aeronautics and Space Administration for remote sensing. For complex incidents, the Plan uses Unified Command structures integrating representatives from affected states, tribes, and private responsible parties, paralleling coordination practices employed during the Deepwater Horizon oil spill and Hurricane Sandy mobilizations.
Planning and Preparedness
Preparedness under the NCP relies on contingency planning at federal, state, tribal, and facility levels, including Area Contingency Plans and Facility Response Plans informed by risk assessments used in Superfund site prioritization, Maritime Transportation Security Act compliance, and port-area planning like that for Port of Los Angeles and Port of New York and New Jersey. Planning incorporates scientific inputs from National Oceanic and Atmospheric Administration, modeling from National Aeronautics and Space Administration, and environmental data from the United States Geological Survey, while aligning with interagency committees such as the National Response Team and the Interagency Coordinating Committee on Oil Pollution Research. Exercises and plan revisions reflect lessons from incidents including Exxon Valdez oil spill litigation and policy changes after Hurricane Katrina.
Training, Exercises, and Certification
The NCP emphasizes training standards derived from the National Incident Management System and certification frameworks used by Federal Emergency Management Agency and the Occupational Safety and Health Administration, with practical exercises involving Regional Response Team membership, Area Contingency Plan stakeholders, and industry partners such as American Petroleum Institute. Full-scale exercises replicate scenarios like tanker collisions modeled after Amoco Cadiz and facility explosions reminiscent of Bhopal disaster planning studies, while interagency drills coordinate resources from the United States Coast Guard’s National Strike Force and United States Army Corps of Engineers for response augmentation. Certification pathways for On-Scene Coordinators and Emergency Response Managers align with curricula developed by Emergency Management Institute partnerships with academic centers such as Johns Hopkins University and Massachusetts Institute of Technology.
Funding and Implementation
Implementation of the NCP is funded through appropriations to agencies including the Environmental Protection Agency, the United States Coast Guard, and the Federal Emergency Management Agency, supplemented by industry-funded mechanisms established under the Oil Pollution Act of 1990 such as the Oil Spill Liability Trust Fund. Remediation and removal actions draw on Superfund authorities administered via CERCLA grants and settlements enforced through United States Department of Justice litigations, while cost recovery actions have involved defendants like ExxonMobil and BP. Congressional oversight by committees such as the United States House Committee on Transportation and Infrastructure and the United States Senate Committee on Environment and Public Works shapes budgetary and policy fidelity for NCP execution.
Criticisms and Reforms
Critiques of the NCP have addressed issues of interagency coordination highlighted after Deepwater Horizon oil spill and Hurricane Katrina, accountability disputes seen in Exxon Valdez oil spill litigation, and adequacy of resources noted during responses to events such as the BP oil spill in the Gulf of Mexico. Reform proposals by think tanks like the Resources for the Future and recommendations from the Government Accountability Office have urged updates to incident command interoperability with National Incident Management System doctrine, enhanced transparency akin to reforms following the Three Mile Island accident, and strengthened engagement with tribal governments represented by the National Congress of American Indians. Legislative responses have included amendments to Oil Pollution Act of 1990 enforcement provisions and oversight hearings convened by the United States Senate Committee on Commerce, Science, and Transportation.