---
kind: "section"
citation: "49 C.F.R. § 130.115"
title: "49"
number: "130.115"
heading: "Consistency with Area Contingency Plans."
url: "https://uscodex.org/cfr/49/130.115"
---

# §130.115. Consistency with Area Contingency Plans.

- (a) A railroad must certify for each response zone that it reviewed each applicable ACP (or Regional Contingency Plan (RCP) for areas lacking an ACP).
- (b) At a minimum, for consistency with the applicable ACP (or Regional Contingency Plan (RCP) for areas lacking an ACP), the comprehensive response plan must do all of the following:
  - (1) Address the removal of a worst-case discharge, and the mitigation or prevention of the substantial threat of a worst-case discharge, of oil;
  - (2) Identify environmentally sensitive or significant areas along the route, as defined in [§ 130.5](/cfr/49/130.5.md), which could be adversely affected by a worst-case discharge, by reviewing and summarizing the applicable ACP or RCP;
  - (3) Incorporate appropriate strategies identified in applicable ACPs or RCPs, to protect environmentally sensitive or significant areas identified in [paragraph (b)(2)](#b-2) of this section;
  - (4) Describe the responsibilities of the railroad and of Federal, State, and local agencies in removing a discharge and in mitigating or preventing a substantial threat of a discharge; and
  - (5) Identify the procedures to obtain any required Federal and State authorization for using alternative response strategies such as in-situ burning and/or chemical agents, as provided for in the applicable ACP and [subpart J](/cfr/49/subpartJ.md) of [40 CFR part 300](/cfr/40/part300.md).

## Notes

### Source

Source: 84 FR 6948, Feb. 28, 2019, unless otherwise noted.

### Authority

Authority: 33 U.S.C 1321; 49 CFR 1.81 and 1.97.

### Source

Source: Amdt. 130-2, 61 FR 30541, June 17, 1996, unless otherwise noted.