Key Differences between the NCP and NRF

NCP

NRF/Stafford Act

The EPA or the USCG is the lead agency for the response.FEMA is the lead agency for the response.
The Federal Government makes an independent evaluation of the need for federal response.Requests for federal assistance from state, local, and tribal governments need to be made from the state governor.
The Federal Government may, and in some circumstances must, lead the response.The Federal Government plays a supporting roles to the state, local, tribal, territorial, or insular government.
The Federal Government has tactical, on-scene command authorities.The arrangements by which departments and agencies participate are defined in the ESF Annexes and are coordinated through pre-scripted mission assignments.
The Federal Government has enforcement authorities over the parties responsible for all discharges and hazardous substance releases (or substantial threats of discharge/release), and will seek cost recovery.The Act does not directly address the liability protections or immunities for responsible parties.
No state cost share for emergency response.A state cost share may be required.