---
kind: "section"
citation: "40 C.F.R. § 109.4"
title: "40"
number: "109.4"
heading: "Relationship to Federal response actions."
url: "https://uscodex.org/cfr/40/109.4"
---

# §109.4. Relationship to Federal response actions.


The National Oil and Hazardous Materials Pollution Contingency Plan provides that the Federal on-scene commander shall investigate all reported spills. If such investigation shows that appropriate action is being taken by either the discharger or non-Federal entities, the Federal on-scene commander shall monitor and provide advice or assistance, as required. If appropriate containment or cleanup action is not being taken by the discharger or non-Federal entities, the Federal on-scene commander will take control of the response activity in accordance with [section 11(c)(1)](/cfr/40/11.md?p=c-1) of the Federal Act.


## Notes

### Authority

Authority: Sec. 11(j)(1)(B), 84 Stat. 96, 33 U.S.C. 1161(j)(1)(B).

### Source

Source: 36 FR 22485, Nov. 25, 1971, unless otherwise noted.