CRS — Oil and Chemical Spills: Federal Emergency Response Framework

Oil and Chemical Spills: Federal Emergency Response Framework (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Thousands of oil and chemical spills of varying size and magnitude occur in the United States each year. A recent spill of 4-methylcyclohexane methanol into the Elk River in early January 2014 in and near Charleston, WV, illustrates the potential magnitude of such incidents that can have broad impacts on local populations. When a spill occurs, state and local officials located in proximity to the incident generally are the first responders and may elevate an incident for federal attention if greater resources are desired. In the case of the 4-methylcyclohexane methanol spill in West Virginia, President Obama issued a federal emergency declaration on January 10, 2014, to provide alternative water supplies to affected individuals. The Environmental Protection Agency (EPA) also is supporting state efforts to respond to the spill.

The National Oil and Hazardous Substances Pollution Contingency Plan, often referred to as the National Contingency Plan (NCP), establishes the procedures for the federal response to oil and chemical spills. The scope of the NCP encompasses discharges of oil into or upon U.S. waters and adjoining shorelines and releases of hazardous substances into the environment. The NCP was developed in 1968 and has been revised on multiple occasions to implement the federal statutory response authorities that Congress has expanded over time. Three federal environmental statutes authorized the development of the NCP: the Clean Water Act, as amended; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended; and the Oil Pollution Act of 1990.