• The guidelines in Part 109 establish the minimum criteria for the development of state and local contingency plans for responding to and minimizing damage from oil discharges.

Part 109 is called “Criteria for State, Local and Regional Oil Removal Contingency Plans.” The criteria in this regulation are provided to assist state, local, and regional agencies in the development of oil removal contingency plans for the inland navigable waters of the U.S. and all areas other than the high seas, coastal and contiguous zone waters, coastal and Great Lakes ports and harbors and such other areas as may be agreed upon between the Environmental Protection Agency (EPA) and the Department of Transportation (DOT).

The guidelines in this part establish minimum criteria for the development and implementation of state, local, and regional contingency plans by state and local governments in consultation with private interests to ensure timely, efficient, coordinated, and effective action to minimize damage resulting from oil discharges. Such plans are directed toward the protection of the public health or welfare of the U.S., including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. The development and implementation of such plans shall be consistent with the National Oil and Hazardous Materials Pollution Contingency Plan (also known as the National Contingency Plan).

State, local, and regional oil removal contingency plans must provide for the coordination of the total response to an oil discharge so that contingency organizations established thereunder can function independently, in conjunction with each other, or in conjunction with the National and Regional Response Teams established by the National Contingency Plan.