• The NCP is essentially the federal government’s blueprint for responding to both oil spills and hazardous substance releases that require a national response.
• The NRT is responsible for planning and coordinating preparedness and emergency response actions.
• The RRTs are responsible for regional planning and preparedness activities before Superfund emergency response actions.

The National Oil and Hazardous Substances Pollution Contingency Plan, more commonly called the National Contingency Plan or NCP, is regulated at 40 CFR 300 and is essentially the federal government’s blueprint for responding to both oil spills and hazardous substance releases that require a national response. The NCP differs somewhat from other types of contingency plans in that it provides the framework for the U.S. National Response System, and the way in which the different levels of responding organizations coordinate their efforts.

The NCP, originally established under 311(c) of the Federal Water Pollution Control Act, was geared to respond to hazardous substance releases, as well as oil spills. The NCP provided the first comprehensive system of accident reporting, spill containment, and cleanup. The plan also established a response headquarters, a national reaction team and regional reaction teams, precursors to the current National Response Team (NRT) and Regional Response Teams (RRTs):

• The NRT is made up of representatives from several federal agencies, responsible for planning and coordinating preparedness and emergency response actions.
• The RRTs, made up of designated representatives from each federal agency and state government, are responsible for regional planning and preparedness activities before Superfund emergency response actions.

The NCP was later broadened by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 105 and the Superfund Amendments and Reauthorization Act (SARA) in 1986 to cover releases at hazardous waste sites requiring Superfund cleanup actions, and by Oil Pollution Act (OPA) of 1990 to reflect oil spill provisions. CERCLA additionally required the establishment of the Hazard Ranking System (HRS), a screening tool the Environmental Protection Agency (EPA) uses to help determine which sites merit inclusion on the Superfund National Priorities List (NPL).

It is important to know that the NCP outlines a step-by-step process for conducting both removal and remedial actions. In addition, the NCP defines the roles and responsibilities of EPA, other federal agencies, the states, private parties, and communities in response to situations in which hazardous substances or oil are released into the environment.

The NCP reiterates EPA’s goal of selecting remedies that protect human health and the environment, that maintain protection over time, and that minimize untreated waste. Following criteria under the NCP, EPA selects its preferred alternative and shares with the public a proposed plan documenting why EPA believes that the preferred alternative can remediate the site. The public must then have ample opportunity to comment on all preferred remedies, and EPA must consider those comments in selecting the final remedy.

The NCP also requires EPA to consult with the public throughout cleanup. The agency must interview community groups at the start of a cleanup study to identify their concerns and must prepare a Community Relations Plan that addresses those concerns.

Under the NCP, qualified states may act as lead agency for many cleanup actions under a cost-sharing agreement with EPA. Even when states support rather than lead the cleanup, they have a crucial role in identifying cleanup standards and commenting on proposed remedies.

Finally, the NCP reinforces the enforcement authority of EPA and details procedures for documenting EPA costs and the selection of a response action.

The NCP, laid out by 40 CFR 300, is structured as follows:

• Subpart A—Introduction
• Subpart B—Responsibility and organization for response
• Subpart C—Planning and preparedness
• Subpart D—Operational response phases for oil removal
• Subpart E—Hazardous substance response
• Subpart F—State involvement in hazardous substance response
• Subpart G—Trustees for natural resources
• Subpart H—Participation by other persons
• Subpart I—Administrative record for selection of response action
• Subpart J—Use of dispersants and other chemicals
• Subpart K—Federal facilities [reserved]
• Subpart L—National oil and hazardous substances pollution contingency plan; Involuntary acquisition of property by the government
• Appendix A—The Hazard Ranking System
• Appendix B—National priorities list
• Appendix C—Swirling flask dispersant effectiveness test, revised standard dispersant toxicity test, and bioremediation agent effectiveness test
• Appendix D—Appropriate actions and methods of remedying releases
• Appendix E—Oil spill response