In recent years, the increased usage of chemically dependent products and the introduction of new chemicals, materials and substances into commerce has resulted in a corresponding increase in the number of accidents and spills involving those materials. At the same time, there has been an increased public awareness of the hazards, both short and long-term, associated with the handling and usage of these and other materials to both the public and the environment.

The Federal Water Pollution Control Act (FWPCA) or Clean Water Act, which was established to protect the public and environment from discharges involving U.S. waters and their adjacent shorelines, was amended in 1973 to provide for a federal spill response mechanism to help meet the challenge of responding to these incidents. Most specifically, it provided for the development of a National Contingency Plan which would "provide for efficient, coordinated and effective action to minimize damage from oil and hazardous substances discharges, including containment, dispersal, and removal of oil and hazardous substances".

In August of 1973, the President, in Executive Order 11735, delegated the authority and responsibility of establishing this plan to the Council on Environmental Quality. As a result, the National Oil and Hazardous Substances Pollution Contingency Plan was developed and implemented later that year. This plan established the National Response Center, which became operational in August of 1974 at U.S. Coast Guard Headquarters in Washington, D.C. for the reporting and coordination of response to pollution by oil and hazardous substances.  

Under this plan, the National Response Center was charged with receiving reports of discharges of oil and hazardous substances in accordance with the FWPCA, including those which occur in connection with the activities regulated under the Outer Continental Shelf Lands Act and the Deepwater Port Act, as well as those which affect resources under the jurisdiction of the Fishery Conservation Management Act. The NRC disseminates this information to the appropriate federally pre-designated On-Scene Coordinator. The criteria for reporting such incidents were set forth in 40 CFR 110 for oil discharges, 40 CFR 117 and 40 CFR 302 for hazardous substances discharges.

While the FWPCA provided for federal response only to those spills involving U.S. waters and their adjoining shorelines, it was recognized that a more comprehensive document was necessary which would encompass all the media under the jurisdiction of the United States. To satisfy this requirement, the Environmental Protection Agency drafted, and Congress enacted, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) which not only encompasses all media but includes those materials formally regulated by the FWPCA, the Toxic Substance Control Act, and the Resource Conservation and Recovery Act. The responsibility of receiving these reports was given to the National Response Center.

The Maritime Transportation Security Act requires that foreign vessels entering U.S. ports report any suspicious activities, breaches of security, and transportation security incidents to the National Response Center and local law enforcement authorities.  

Since the National Response Center is staffed on a 24-hour basis, it provided a convenient center for receiving reports of materials regulated by other agencies. The NRC was given the responsibility of receiving reports of incidents involving hazardous materials regulated by the Department of Transportation under the Hazardous Materials Transportation Act and reportable under 49 CFR 171 for the transportation of hazardous materials, 49 CFR 191 for natural gas and other gases transported by pipeline, and 49 CFR 195 for liquids transported by pipeline.