National Oil and Hazardous Substances Pollution Contingency Plan
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| National Oil and Hazardous Substances Pollution Contingency Plan | |
|---|---|
| Name | National Oil and Hazardous Substances Pollution Contingency Plan |
| Jurisdiction | United States |
| Formed | 1968 |
| Parent agency | United States Environmental Protection Agency |
National Oil and Hazardous Substances Pollution Contingency Plan The National Oil and Hazardous Substances Pollution Contingency Plan is a United States federal response blueprint originated in 1968 to coordinate responses to oil spills and hazardous substance releases. It integrates statutes, executive directives, and agency protocols to align operational command, technical standards, and legal responsibilities among United States Environmental Protection Agency, United States Coast Guard, Department of Defense, Department of the Interior, and other agencies. The Plan has informed responses to incidents ranging from the Torrey Canyon disaster precedents to modern complex incidents involving Deepwater Horizon oil spill, Exxon Valdez oil spill, and chemical releases at industrial sites.
Background and Legal Framework
The Plan was promulgated following high-profile maritime and industrial incidents, including lessons from SS Torrey Canyon, Santa Barbara oil spill (1969), and uprisings in environmental policy culminating in enactments such as the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and amendments through the Oil Pollution Act of 1990. It interfaces with statutory schemes including Resource Conservation and Recovery Act, Superfund Amendments and Reauthorization Act of 1986, and executive orders like Executive Order 12580. The legal framework establishes the National Response System, clarifies the National Response Team membership, and codifies reporting, notification, and removal authority under federal law.
Structure and Components
Organizationally, the Plan defines roles for the National Response Team and Regional Response Teams, situating the Federal On-Scene Coordinator within the Incident Command System used in Federal Emergency Management Agency operations and United States Coast Guard command structures. Technical annexes incorporate standards from Environmental Protection Agency laboratories, guidance from National Oceanic and Atmospheric Administration, and toxicology input referencing agencies like Centers for Disease Control and Prevention and Agency for Toxic Substances and Disease Registry. Components include the Incident Command System integration, Area Contingency Plans, Product Schedule (formerly Product List), and a framework for Preparedness Exercises that coordinate with Department of Transportation modal safety regimes and Occupational Safety and Health Administration protocols.
Response Procedures and Implementation
Response procedures mandate immediate notification to the National Response Center and activation of the ICS structure with defined functions for Operations, Planning, Logistics, and Finance/Administration. Tactical responses may draw on scientific support from the Marine Spill Response Corporation model, trajectory modeling by National Oceanic and Atmospheric Administration, and air/water sampling standards used by United States Geological Survey. Implementation pathways include the deployment of oil-skimming assets, booming strategies consistent with Salvage doctrine, dispersant application guided by Environmental Protection Agency preauthorization, and removal actions staged under CERCLA removal authority. The Plan prescribes coordination with State Emergency Response Commission-adjacent entities and unified command structures seen in major incidents like Deepwater Horizon oil spill unified command exercises.
Federal and State Roles
Under the Plan, the United States Environmental Protection Agency often serves as lead for inland hazardous substance responses while the United States Coast Guard leads coastal and navigable water incidents; both coordinate with State of California, State of Alaska, Louisiana Department of Environmental Quality, and other state agencies that maintain Area Contingency Plans. Tribal governments, exemplified by actions involving Navajo Nation and Yurok Tribe, are stakeholders in planning and response when incidents affect tribal lands. Intergovernmental coordination aligns with incident management practices used by Federal Emergency Management Agency and military support when requested, drawing on assets from United States Army Corps of Engineers for recovery and infrastructure stabilization.
Funding and Liability Provisions
Funding mechanisms include federal appropriations for emergency response, the Oil Spill Liability Trust Fund established under the Oil Pollution Act of 1990, and cost recovery and compensation authorities under CERCLA and the Clean Water Act. Liability provisions impose strict, joint, and several liability on responsible parties, paralleling doctrines used in enforcement actions involving entities such as Exxon Shipping Company and BP plc. The Plan enables federal cost recovery through administrative claims and litigated remedies pursued by United States Department of Justice on behalf of agencies like Environmental Protection Agency, with penalties and natural resource damages coordinated with trustees including National Park Service, Fish and Wildlife Service, and state trustees.
Notable Incidents and Case Studies
The Plan’s application can be traced through case studies: the Exxon Valdez oil spill catalyzed reforms and regional planning in Prince William Sound, the Deepwater Horizon oil spill tested unified command, dispersant policy, and Natural Resource Damage Assessment processes involving National Oceanic and Atmospheric Administration and trustees. Industrial hazardous responses, such as the Times Beach, Missouri dioxin relocation and Superfund removals at Love Canal and Bunker Hill, illustrate CERCLA removal integration. Maritime incidents like the Prestige oil spill and Erika oil spill influenced international conventions such as the International Convention on Civil Liability for Oil Pollution Damage and bilateral cooperation with Canada and Mexico under regional contingency planning. These case studies demonstrate operational, legal, and scientific evolution reflected in successive Plan revisions.