1.2 Authority

The RCP is developed pursuant to Sections 300.210 of the NCP. The NCP is required by Section 105 of CERCLA, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), by Section 311(d) of CWA, as amended by OPA. The ESF 10 components of this plan are required by the Robert T. Stafford Disaster Relief and Emergency Act (Public Law 93-288), as amended. The RCP is applicable to response actions taken pursuant to the authorities under CERCLA, Section 311 of CWA, and OPA. The NCP requires establishment of RRTs, which are responsible for Regional planning and preparedness activities before response actions, and for providing advice and support to the RRT when activated during a response.

The ACP is required by Section 311(j)(4) of CWA and is written in conjunction with the NCP and CERCLA.

To accomplish the coordinated planning structure envisioned under OPA, Section 4202(a) of OPA requires the President to designate specific Areas for which Area Committees are established. Each Area Committee, under the direction of an OSC, must prepare and submit to the President for approval an ACP that, in conjunction with the NCP, is adequate to remove a worst case discharge from a vessel or facility operating in or near that Area.

Through Executive Order 12777, the President delegated to the Administrator of the United States Environmental Protection Agency (US EPA) responsibility for designating the Areas and appointing the committees for the inland zone as designated in the NCP. The Administrator further delegated this authority to the US EPA Regional Administrators, and designated the 10 pre-existing RRT areas as the Areas for OPA planning purposes. US EPA Region 5, which consists of Illinois, Indiana, Minnesota, Michigan, Ohio, and Wisconsin, is one Area. Establishment of the Area Committee is required by Section 311(j)(4) of CWA.

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