Authorities of the NCP

While the initial 1968 NCP was issued under President Johnson’s direction, rather than under a law, Congress did eventually pass a series of laws that adopted the NCP concept into legislation and broadened the scope of the NCP.

These laws provide the statutory authority for today’s NCP. These laws are: (1) Section 311 of the Clean Water Act (CWA), as amended by the Oil Pollution Act (OPA), and (2) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which is better known as the Superfund law, as amended by the Superfund Amendments and Reauthorization Act (SARA).

Ariel view of the SS Atlantic Empres ship sinking after a crash. The oil spilled in the water is on fire.

Responders in Level A personal protective equipment suits conducting decontamination activiites including spraying down a responder at center.

CWA Section 311 (33 U.S.C. § 1321), as amended by OPA

CERCLA, as amended by SARA

1. Response to:

  • Discharge or substantial threat of discharge into/on navigable waters and shorelines; exclusive economic zone (i.e., certain ocean waters); or affecting US natural resources
    • Of oil or listed CWA hazardous substances

2. “Polluter pays” & enforcement authorities

3. Planning & preparedness

1. Response to:

  • Release or substantial threat of release into the environment (includes land, air, water) of:
    • Listed CERCLA hazardous substances; or
    • Pollutants or contaminants that may pose imminent and substantial endangerment to public health/welfare.
    • Petroleum and natural gas not included; additional exclusions may apply.

2. “Polluter pays” & enforcement authorities

3. Planning & preparedness

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National Oil & Hazardous Substances Pollution Contingency Plan (NCP)

Regulation at 40 CFR Part 300 that implements the oil/hazardous substance response authorities in these laws.