2. Federal Support for Recovery Following Chemical Incidents

Just as there are several escalating tiers of federal assistance available to support response to chemical incidents, there are also several escalating tiers of federal assistance available to support recovery efforts (Figure 80). Each of these is briefly described below.

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Under CERCLA and the Clean Water Act/Oil Pollution Act (CWA/OPA)², RPs are liable for the cleanup costs of chemical releases or discharges. Under OPA, the National Pollution Funds Center (NPFC) administers natural resource damage assessment/restoration claims to recover unresolved compensation claims for public and private entities.

Under the NCP, the EPA or USCG FOSC leads chemical incident response activities, while Natural Resource Trustees (Federal, State, and Tribal entities authorized to act on behalf of the public) lead natural resource³ damage assessment and restoration work. This effort may be coordinated by an intergovernmental trustee council that includes state and tribal members. Additionally, for NCP incidents, a FCO may be designated to coordinate federal RSFs⁴. The President and Congress can take additional action to establish specific coordinating mechanisms and funds to address recovery outcomes from significant NCP incidents.

Recovery actions taken under the Stafford Act in the wake of chemical incidents may be conducted as described in the NRF, NDRF, and Response and Recovery FIOPs. The recovery-related provisions of CERCLA and CWA/OPA may also be applicable to chemical incidents. The President and Congress can establish specific coordinating mechanisms and funds to address recovery outcomes from significant Stafford Act incidents. FEMA coordinates the technical and logistical support provided by involved agencies at all levels.

2. The OPA amended the CWA in 1990 to require oil storage facilities to prepare Facility Response Plans (FRPs).
3. The NCP defines natural resources as land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources.
4. The RSF Leadership Group (RSFLG), composed of leaders at over 25 federal agencies, can facilitate additional coordination for recovery. For example, the Infrastructure RSF has benefited from a MOU between FEMA and EPA requiring coordination between Water State Revolving Funds and Public Assistance.