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It documents national response capability and is intended to promote overall coordination among the hierarchy of responders and contingency plans. [1] The first National Contingency Plan was developed and published in 1968, in response to a massive oil spill from the oil tanker Torrey Canyon, off the coast of England a year earlier.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also known as "Superfund", requires that the criteria provided by the Hazard Ranking System (HRS) be used to make a list of national priorities of the known releases or threatened releases of hazardous substances, pollutants, or contaminants in the United States. [2]
National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 1968: [4] The NCP established the response system the federal government was to follow in the event of oil spills and release of hazardous materials into the environment. The NCP was a response by U.S. policy makers to the Torrey Canyon oil tanker spill off the coast of England.
Ships are required to carry a shipboard oil pollution emergency plan, in accordance with the provisions adopted by the International Maritime Organization (IMO) for this purpose. These plans are subject, while in a port or at an offshore terminal under the jurisdiction of a party, to inspection by officers duly authorized by that party.
Under the Oil Pollution Act, federal, tribal, state, and any other person can recover removal costs from a responsible party so long as such entity has incurred costs from carrying out oil removal activities in accordance with the Clean Water Act National Contingency Plan. Reimbursement claims must first be made to the responsible party.
The decree also establishes protocols for a contingency plan in emergency situations in which it is "necessary to affect electrical service in a planned and sustained manner for more than 72 hours."
The initial Superfund trust fund to clean up sites where a polluter could not be identified, could not or would not pay (bankruptcy or refusal), consisted of about $1.6 billion [15] and then increased to $8.5 billion. [4] Initially, the framework for implementing the program came from the oil and hazardous substances National Contingency Plan.
The Defense Environmental Restoration Program statute (10 USC 2701) and the Comprehensive Environmental Response, Compensation, and Liabilities Act CERCLA direct the assessment, eligibility for clean up and clean up, as does the National Oil and Hazardous Substances Pollution Contingency Plan.