40 CFR § 109.4 - Relationship to Federal response actions.

---
identifier: "/us/cfr/t40/s109.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 109.4 - Relationship to Federal response actions."
title_number: 40
title_name: "Protection of Environment"
section_number: "109.4"
section_name: "Relationship to Federal response actions."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "109"
part_name: "CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 11(j)(1)(B), 84 Stat. 96, 33 U.S.C. 1161(j)(1)(B)."
regulatory_source: "36 FR 22485, Nov. 25, 1971, unless otherwise noted."
cfr_part: "109"
---


# 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) of the Federal Act.