---
kind: "section"
citation: "40 C.F.R. § 300.170"
title: "40"
number: "300.170"
heading: "Federal agency participation."
url: "https://uscodex.org/cfr/40/300.170"
---

# §300.170. Federal agency participation.


Federal agencies listed in [§ 300.175](/cfr/40/300.175.md) have duties established by statute, executive order, or Presidential directive which may apply to federal response actions following, or in prevention of, the discharge of oil or release of a hazardous substance, pollutant, or contaminant. Some of these agencies also have duties relating to the restoration, rehabilitation, replacement, or acquisition of equivalent natural resources injured or lost as a result of such discharge or release as described in [subpart G](/cfr/40/subpartG.md) of this part. The NRT, RRT, and Area Committee organizational structure, and the NCP, RCPs and ACPs, described in [§ 300.210](/cfr/40/300.210.md), provide for agencies to coordinate with each other in carrying out these duties.

- (a) Federal agencies may be called upon by an OSC/RPM during response planning and implementation to provide assistance in their respective areas of expertise, as described in [§ 300.175](/cfr/40/300.175.md), consistent with the agencies' capabilities and authorities.
- (b) **In addition to their general responsibilities, federal agencies should—**
  - (1) Make necessary information available to the Secretary of the NRT, RRTs, Area Committees, and OSCs/RPMs.
  - (2) Provide representatives to the NRT and RRTs and otherwise assist RRTs and OSCs, as necessary, in formulating RCPs and ACPs.
  - (3) Inform the NRT, RRTs, and Area Committees, consistent with national security considerations, of changes in the availability of resources that would affect the operations implemented under the NCP.
- (c) All federal agencies are responsible for reporting releases of hazardous substances from facilities or vessels under their jurisdiction or control in accordance with [section 103](/cfr/40/103.md) of CERCLA.
- (d) All federal agencies are encouraged to report releases of pollutants or contaminants and must report discharges of oil, as required in [40 CFR part 110](/cfr/40/part110.md), from facilities or vessels under their jurisdiction or control to the NRC.

## Notes

### Source

Source: 59 FR 47424, Sept. 15, 1994, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.