Wednesday
June 5, 1996
Part II
Environmental Protection
Agency

Department of
Transportation
Coast Guard
Research and Special Programs
Administration
Department of the  Interior
Minerals Management Service
Department of Labor
Occupational Safety and Health
Administration

The National Response Team's Integrated
Contingency Plan Guidance; Notice
                             28641

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28642
Federal Register / Volf 61, No.  109 / Wednesday, June 5,  1996 / Notices
ENVIRONMENTAL PROTECTION
AGENCY

DEPARTMENT OF TRANSPORTATION

Coast Guard
Research and Special Programs
Administration

DEPARTMENT OF THE INTERIOR

Minerals Management Service

DEPARTMENT OF LABOR

Occupational Safety and Health
Administration

[FRL-5612-8]

The National Response Team's
Integrated Contingency Plan Guidance

AGENCY: Environmental Protection
Agency (EPA), U.S. Coast Guard
(USCG), Minerals Management Service
(MMS), Research and Special Programs
Administration (RSPA), Occupational
Safety and Health Administration
(OSHA).
ACTION: Notice.

SUMMARY: The U.S. Environmental
Protection Agency, as the chair of the
National Response Team (NRT), is
announcing the availability of the NRT's
Integrated Contingency Plan Guidance
("one plan"). This guidance is intended
to be used by facilities to prepare
emergency response plans. The intent of
the NRT is to provide a mechanism for
consolidating multiple plans that
facilities may have prepared to comply
with various regulations into one
functional emergency response plan or
integrated contingency plan (ICP). This
notice contains the suggested ICP
outline as well as guidance on how to
develop an ICP and demonstrate
compliance with various regulatofy
requirements. The policies set out in
this notice are intended solely as
guidance.
ADDRESSES: Additional copies of this
one=plan guidance can be obtained by
writing to the following address:
William Finan, U.S. Environmental
Protection Agency, Mail Code 5101, 401
M Street SW, Washington, DC 20460.
Copies of the ICP Guidance are also
available by calling the EPCRA/RCRA/
Superfund Hotline at (800) 424-9346 (in
the Washington, DC, metropolitan area,
(703) 412-9810). In addition, this
guidance is available electronically at
the home page of EPA's Chemical
Emergency Preparedness and
Prevention Office (http:/Avww.epa.gov/
swercepp/).
                    FOR FURTHER INFORMATION CONTACT:
                    William Finan, U.S. Environmental
                    Protection Agency, Mail Code 5101, 401
                    M Street, SW., Washington, DC 20460,
                    at (202) 260-0030 (E-Mail
                    homepage.ceppo@epamail.epa.gov—
                    please include "one plan" in the subject
                    line). In addition, the EPCRA/RCRA/
                    Superfund Hotline can answer general
                    questions about the guidance.
                     For further information and guidance
                    on complying with specific regulations,
                    contact: for EPA's Oil Pollution
                    Prevention Regulation: Bobbie Lively-
                    Diebold, U.S. Environmental Protection
                    Agency, Mail Code 5203G> 401 M Street,
                    SW.,  Washington, DC 20460, at (703)
                    356-8774 (E-Mail
                    Lively.Barbara@epamail.epa.gov), or the
                    SPCC Information Line at (202) 260-
                    2342); for the U.S. Coast Guard's
                    Facility Response Plan Regulation:
                    LCDR Mark  Hamilton, U.S. Coast Guard,
                    Commandant (G-MOR), 2100 2nd
                    Street, SW.,  Washington, DC 20593, at
                    202-267-1983 (E-Mail M.Hamilton/G-
                    M03@CGSMTP.uscg.mil); for DOT/
                    RSPA's Pipeline Response Plan
                    Regulation: Jim Taylor, U.S. Department
                    of Transportation, Room 2335, 400 7th
                    Street, SW.,  Washington, DC 20590 at
                    (202) 366-8860 (E-Mail
                    OPATEAM@RSPA.DOT.GOV); for
                    pertinent OSHA regulations, contact
                    either your Regional or Area OSHA
                    office; for DOI/MMS' Facility Response
                    Plan  Regulation: Larry Ake, U.S.
                    Department of the Interior—Minerals
                    Management Service, MS 4700, 381
                    Elden Street, Herndon, VA 22070-4817
                    at (703) 787-1567 (E-Mail Larry_
                    Ake@SMTP.MMS.GOV); for EPA's Risk
                    Management Program Regulation:
                    William Finan (see above); and for
                    RCRA's Contingency Planning
                    Requirements, contact the EPCRA/
                    RCRA/Superfund Hotline (see above).
                      The NRT welcomes comments on
                    specific implementation issues related
                    to this guidance. Please provide us with
                    information about the successful use  of
                    this guidance, about problems with
                    using this guidance, as well as
                    suggestions for improving the guidance.
                    Send comments to William Finan (see
                    above) or to any of the other people
                    listed in the previous paragraph.

                    SUPPLEMENTARY INFORMATION:
                    Presidential Review Findings
                      Section 112(r) (10) of the Clean Air  Act
                    required the President to conduct a
                    review of federal release prevention,
                    mitigation, and response authorities.
                    The Presidential Review was delegated
                    to EPA, in coordination with agencies
                    and departments that are members of
                    the National Response Team (NRT). The
Presidential Review concluded that,
while achieving its statutory goals to
protect public safety and the
environment, the current system is
complex, confusing, and costiy. It
identified several key problem areas and
recommended a second phase to
address these issues. One of the issues
identified by the Presidential Review is
the multiple and overlapping federal
requirements for facility emergency
response plans.
NRT Policy Statement
  This one-plan guidance is intended to
be used by facilities to prepare
emergency response plans for
responding to releases of oil arid non-
radiological hazardous substances. The
intent of NRT is to provide a mechanism
for consolidating multiple plans that
facilities may have prepared to comply
with various regulations into one
functional emergency response plan or
integrated contingency plan (ICP). A
number of statutes and regulations,
administered by several federal
agencies, include requirements for
emergency response planning. A
particular facility may be subject to one  ,
or more of the following federal
regulations:
  • EPA's Oil Pollution Prevention
Regulation (SPCC and Facility Response
Plan Requirements)—40 CFR part
112.7(d)andll2.20-.21;
  • MMS's Facility Response Plan
Regulation—30 CFR part 254;
  • RSPA's Pipeline Response Plan
Regulation—49 CFR part 194;
  • USCG's Facility Response Plan
Regulation—33 CFR part 154, Subpart F;
  • EPA's Risk Management Programs
Regulation—40 CFR part 68;
  • OSHA's Emergency Action Plan
Regulation—29 CFR 1910.38(a);
  • OSHA's Process Safety Standard—
29 CFR 1910.119;
  • OSHA's HAZWOPER Regulation—
29 CFR 1910.120; and
  • EPA's Resource Conservation and
Recovery Act Contingency Planning
Requirements—40 CFR part 264,
Subpart D, 40 CFR part 265, Subpart D,
and 40 CFR 279.52.
  In addition, facilities may also be
subject to state emergency response
planning requirements that this
guidance does not specifically address.
Facilities are encouraged to coordinate
development of their ICP with relevant
state and local agencies to ensure
compliance with any'additional
regulatory requirements.
   Individual agencies' planning
requirements and  plan review
procedures are not changed by the
advent of the ICP format option. This
one-plan guidance has been developed

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                     Federal Register / Vol. 61, No. 109  / Wednesday, June 5,  1996  / Notices
                                                                       28643
  to assist facilities in demonstrating
  compliance with the existing federal
  emergency response planning
  requirements referenced above.
  Although it does hot relieve facilities
  from their current obligations, it has
  been designed specifically to help meet
  those obligations. Adherence to this
  guidance is not required in order to
  comply with federal regulatory
  requirements. Facilities are free to
  continue maintaining multiple plans to
  demonstrate federal regulatory
  compliance; however, the NRT believes
  that an integrated plan prepared in  .
i  accordance with this guidance is a
  preferable alternative.
    The NRT realizes that many, existing
  regulations pertaining to contingency
  planning require review by a specific
  agency to determine compliance with
  applicable requirements. It is not the
  intent of the NRT tp modify existing
  agency review procedures or -to
  supersede the requirements of a
  regulation!
    This one-plan guidance was
  developed through a cooperative effort
  among numerous NRT agencies, state
  and local officials, and industry and
  community representatives. The NRT
  and the agencies responsible for
  reviewing and approving federal
  response plans to which the-ICP option
  applies agree that integrated response
  plans prepared in the format provided
  in this guidance will be acceptable and
  be the federally preferred method of
  response planning.  The NRT realizes
  that alternate formats for integrating
  multiple plans already exist and that
  others likely will be developed. Certain
  facilities may find those formats more
  desirable than the one proposed here.
.  The NRT believes that a single
'  functional plan is preferable to multiple
  plans regardless of the specific format
  chosen. While they are acceptable, other
  formats may not allow the same ease of
  coordination with external plans. In any
  case, whatever format a facility chooses,
  no individual NRT agency will require  .
  an integrated response planning format.
  differing from the ICP format described
  here. The NRT anticipates that future
  development of all federal regulations
  addressing emergency response
  planning will incorporate use of the ICP
  guidance. Also, developers of state and
  local requirements will be encouraged
  to be consistent with this document
   The ICP guidance does not change
  existing regulatory requirements; rather,
  it provides a format, for organizing and
 presenting material currently required
 by the regulations, Individual
 regulations are often more detailed than
 the ICP guidance. To ensure full
 compliance, facilities should continue
 to read and comply with all. of the
 federal regulations that apply to them.
 Furthermore, facilities submitting an
 ICP (in whatever format) for agency or
 department review'will need to provide
 a cross:reference to existing regulatory
 requirements so that plan reviewers can
 verify compliance with these
 requirements. The guidance contains a
 series of matrices designed to assist
 owners and operators in consolidating
 various plans and documenting
 compliance with federal regulatory
 requirements. (See Attachments 2 and
 3.) The matrices can be used as the basis
 for developing a cross-reference to
 various regulatory requirements.
   This guidance also provides a useful
 contingency planning template for
 •owners and operators of facilities not
 subject .to the federal regulations cited
 previously.
 Integrated Contingency Plan
 Philosophy
.   The ICP will minimize duplication in
 the preparation and use of emergency
 response plans at the same facility and
 will improve economic efficiency for
 both the regulated and regulating
 communities. Facility expenditures for
 the preparation, maintenance,
 submission, and update of a single plan
 should be much lower than for multiple
 plans.
   The use of a single emergency
 response plan per facility will eliminate
 confusion for facility first responders
 who often must decide which of their
 plans is applicable to a particular
 emergency.  The guidance is designed to
 yield a highly functional document for
 use in varied emergency situations
 while providing a mechanism for
 complying with multiple agency
 requirements. Use of a single integrated
 plan should also improve coordination
 between facility response personnel and
 local, state,  and federal emergency
 response personnel.
  The adoption of a standard plan
 format should facilitate integration of
 plans within a facility, in the event that,
 large facilities may need to prepare
 separate plans for distinct operating
 units. The ICP concept should also
 allow coordination of facility plans with
 plans that are maintained by local
 emergency planning committees
 (LEPCs),i Area Committees,2 co-
operatives, and mutual aid
organizations. In some cases, there are
  1LEPC plans are developed by LEPCs in
coordination with facility emergency response
coordinators tinder section 303 of the Emergency
Planning and Community Right-to-Know Act.
  2 Area Contingency Plans are developed by Area
Committees pursuant to section 4202(a)(6) of the
Oil Pollution Act of 1990 (OPA).
  specific regulatory requirements to
  ensure that facility plans are consistent
  with external planning efforts. Industry
  use of this guidance along with active
  participation on local and Area
  Committees will improve the level of
  emergency preparedness and is
  therefore highly encouraged.
    In some  areas, it may be possible to
  go beyond simple coordination of plans
  and actually integrate certain
  information from facility plans with
  corresponding areas of external plans.
  The adoption of a single, common ICP
  outline such as the one proposed in this
  guidance would facilitate a move
  toward integration of facility plans with
  local, state, and federal plans.
    The projected results described above
  will ultimately serve the mutual goal of
  the response community to more
  efficiently and effectively protect public
  health, worker safety, the environment,
  and property.

  Scope

   This one-plan guidance is provided
  for any.facility subject to federal
  contingency planning regulations and is
  also recommended for use by other
 facilities to improve emergency
 preparedness through planning. In this  •
 context, the term "facility" is meant to
 have a wide connotation and may
 include, but is not limited to, any
 mobile or fixed onshore or offshore
 building, structure, installation,
 equipment, pipe, or pipeline.
   Facility hazards need to be addressed,
 in a comprehensive and coordinated
 manner. Accordingly, this guidance is
 broadly constructed to allow for
 facilities to address a wide range of risks
 in a manner tailored to  the specific
 needs of the facility. This includes both
 physical and chemical hazards
 associated with events such as chemical
 releases, oil spills, fires, explosions, and
 natural disasters.

 Organizational Concepts
   The ICP format provided in this one-
 plan guidance (See Attachment 1) is
 organized into three main sections: an
 introductory section, a core plan, and a
 series of supporting annexes. It is
 important to note that the elements
 contained in these sections are not new
 concepts, but accepted emergency
 response activities that are currently
 addressed in various forms in existing
 contingency planning regulations. The
 goal of the NRT is not to create new
 planning requirements, but to provide a
 mechanism to consolidate existing
 concepts into a single functional plan
•structure. This approach would provide
 a consistent basis for addressing

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Federal Register / Vol. 61, No.  109 /Wednesday, June 5, 1996 / Notices
emergency response concerns as it gains
widespread use among facilities.
  The introduction section of the plan
format is designed to provide facility
response personnel, outside responders,
and regulatory officials with basic
Information about the plan and the
entity it covers. It calls for a statement
of purpose and scope, a table of
contents, information on the current
revision date of the plan, general facility
information, and the key contact(s) for
plan development and maintenance.
This section should present the
information in a brief factual manner.
  The structure of the sample core plan
and annexes in this guidance is based '
on the structure of the National
Interagency Incident Management
System (NIIMS) Incident Command
System flCS). NIIMS ICS is a nationally
recognized system currently in use by
numerous federal, state, and local
organizations (e.g., some Area
Committees under OPA). NIIMS ICS is
a type of response management system
that has been used successfully in a
variety of emergency situations,
including releases of oil or hazardous
substances. NIIMS ICS provides a
commonly understood framework that
allows for effective interaction among
response personnel. Organizing the ICP
along the lines of the NIIMS ICS will
allow the plan to dovetail with
established response management
practices, thus facilitating its ease  of use
during an emergency.
  The core plan is intended to contain
essential response guidance and
procedures. Annexes would contain
more detailed supporting information
on specific response management
functions. The core plan should contain '
frequent references to  the response
critical annexes to direct response
personnel to parts of the ICP that
contain more detailed information on
the appropriate course of action for
responders to take during various stages
of a response. Facility planners need to
find the right balance  between the
amount ofinformation contained in the
core plan versus the response critical
annexes (Annexes 1 through 3).
Information required to support
response actions at facilities with
multiple hazards will likely be
contained in the annexes. Planners at
facilities with fewer hazards may choose
to Include most if not all information in
the core plan. Other annexes (e.g.,
Annexes 4 through 8) are dedicated to
providing information that is non-
critical at the time of a response (e.g.,
cross-references to demonstrate
regulatory compliance and background
planning information). Consistent with
 the goal of keeping the size of the ICP
                    as manageable as practicable, it is not
                    necessary for a plan holder to provide
                    its field responders with all the
                    compliance documentation (e.g.,
                    Annexes 4 through 8) that it submits to
                    regulatory agencies. Similarly, it may
                    not be necessary for a plan holder to
                    submit all annexes to every regulatory
                    agency for review.
                       Basic headings are consistent across
                    the core plan and annexes to facilitate
                    ease of use during an emergency. These
                    headings provide a comprehensive list
                    of elements to  be addressed in the 'core
                    plan and response annexes and may not
                    be relevant to all facilities. Planners
                    should address those regulatory
                    elements that are applicable to their
                    particular facilities. Planners at facilities
                    with multiple  hazards will need to
                    address most,  if not all, elements
                    included in this guidance. Planners at
                    facilities with  fewer hazards may not
                    need to address certain elements. If
                    planners choose to strictly adopt the ICP
                    outline contained in this guidance but
                    are not  required by regulation to address
                    all elements of the outline, they may
                    simply indicate "not applicable" for
                    those items where no information is
                    provided. A more detailed discussion of
                    the core plan and supporting annexes
                    follows.

                    Core Plan
                       The core plan is intended to reflect
                    the essential steps necessary to initiate,
                    conduct, and terminate an emergency
                    response action: recognition,
                    notification, and initial response,
                    including assessment, mobilization, and
                    implementation. This section of the
                    plan should be concise and easy to
                    follow. A rule of thumb is that the core
                    plan should fit in the glovebox of a,
                    response vehicle. The core plan need
                    not detail all procedures necessary
                    under these phases of a response but
                    should provide information that is time
                    critical in the  earliest stages of a
                    response and  a framework to guide
                    responders through key steps necessary
                    to mount an effective response. The
                    response action section should be
                    convenient to use and understandable at
                     the appropriate skill level.
                       The NET recommends the use of
                     checklists or flowcharts wherever
                     possible to capture these steps in a
                     concise easy-to-understand manner. The
                     core plan should be constructed to
                     contain references to appropriate
                     sections of the supporting annexes for
                     more detailed guidance on specific
                     procedures. The NET anticipates that
                     for a large, complex facility with
                     multiple hazards the annexes will
                     contain a significant amount of
                     information on specific procedures to
 follow. For a small facility with a
 limited number of hazard scenarios, the
 core plan may contain most if not all of
 the information necessary to carry out
 the response thus obviating the need for
 more detailed annexes. The checklists,
 depending on their size and complexity,
 can be in either the core or the support
 section.
   The core plan should reflect a
 hierarchy of emergency response levels.
 A system of response levels is
 commonly used in emergency planning
 for classifying emergencies according to
 seriousness and assigning an
 appropriate standard response or series
 of response actions to each level. Both
 complex and simple industrial facilities
 use a system of response levels for
 rapidly assessing the seriousness of an
 emergency and developing an
 appropriate response. This process
 allows response personnel to match the
 emergency and its potential impacts
 with appropriate resources and
 personnel. The concept of response
 levels should be considered in
 developing checklists or flowcharts
 designed to serve as the basis for the
 core plan. Note that for those facilities
 subject to planning requirements under
 OPA, response levels in the core plan
 may not necessarily correspond to
 discharge planning amounts (e.g.,
 average  most probable discharge,
 maximum most probable discharge, and
 worst case discharge).
   Facility owners and operators should
 determine appropriate response levels
 based on 1) the need to initiate time-
 urgent response actions to minimize or
 prevent unacceptable consequences to
 the health and safety of workers, the
. public, or the environment; and 2) the
 need to  communicate critical
 information concerning the emergency
 to offsite authorities. The consideration
 and development of response  levels
 should, to the  extent practicable, be
 consistent with similar efforts that may
 have been taken by the LEPC, local Area
 Committee, or mutual aid organization.
 Response levels, which are used in
 communications with offsite authorities,
 should be fully coordinated and use
 consistent terminology.

 Annexes
   The annexes are designed to provide
 key supporting information for
 conducting an emergency response
 under the core plan as well as document
 compliance with regulatory
 requirements not addressed elsewhere
 in the ICP. Annexes are not meant to
 duplicate information that is already
 contained in the core plan, but to
 augment core  plan information. The
 annexes should relate to the basic

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                                                                        .28645
  headings of the core plan. To
  accomplish this, the annexes should
  contain sections on facility information,
  notification, and a detailed description
  of response procedures under the
  response management system (i.e,
  command, operations, planning,
  logistics, and finance). The annexes
  should also address issues related to
  post accident investigation, incident
  history, written follow-up reports,
  training and exercises, plan critique and
  modification process, prevention, and
  regulatory compliance, as appropriate.
   The ICP format contained in this
  guidance is based on the .NIIMS ICS. If
  facility owners or operators choose to
  follow fundamental principles of the
" NIIMS ICS, then they may adopt NIIMS
  ICS by reference rather than having to
  describe the system in detail  in the plan.
  The owner or operator should identify'
  where NIIMS ICS documentation is kept
.  at the facility and how it will be
  accessed if needed by the facility or
  requested by the reviewing agency.
  Regardless of the response management
 system used, the plan should include an
  organization chart, specific job   :  '
  descriptions,3 a description of
  information flow ensuring .liaison with
  the on-scene coordinator (OSC), and a
  description of how the selected
 response management system integrates
 with a Unified Command.4 If a system
 other than NIIMS ICS is used, the plan
 should also identify how it differs from
 NIIMS or provide a detailed description
 of the system used.
   The NRT anticipates that the use  of
 linkages (i.e., references to other plans)
 when developing annexes will serve
 several purposes. Linkages will facilitate
 integration with other emergency plans
 within a facility (until such plans can be
 fully incorporated into the ICP) and
  3 OPA 90 planning requirements for marine
 transfer facilities (33 CFR 154.1035) require job
 descriptions for each spill management team
 member regardless of the response management
 system employed by the facility.
  4 Under NIIMS ICS, the command module has
 traditionally been represented by a single incident
 commander (supported by a command" stafi) who
 directs efforts of and receives input from the four:
 supporting functional areas (planning, logistics,
 operations, and finance). More recently, a Unified
' Command System as described in the National Oil
 and Hazardous Substances Pollution Contingency
 Plan (NCP) found at 40 CFR part 300 has been used
 for larger spill responses where the command
 module is comprised of representatives from the
 federal government (i.e:, federal on-scene
 coordinator), state government (state on-scene
 coordinator), and the responsible party working in
 a cooperative manner. Unified Command allows all
 parties who havejurisdictipnal or functional
 responsibility for the incident to jointly develop a
 common set of incident objectives and strategies:
 Such coordination should be guided by procedures
 found  inthe NCP (seefigure la at 40 CFR   - .
 300.105(e)(l)) and the applicable Area Contingency
 Plan.
 with external plans, such as LEPC plans
 arid Area Contingency Plans (ACPs).
 Linkages will also help ensure that the
 annexes do not become too
 cumbersome. The use of references to
 information contained in,external'plans
 does not relieve facilities from
 regulatory requirements to address
 certain elements in a facility-specific
 manner and to have information readily
 accessible to responders. When
 determining what information may be
 linked by reference and what needs to
 be contained in the ICP, response      •:
 planners should carefully consider the
 time critical nature of the information.
 If instructions or procedures will be
 needed immediately during an incident
 response, they should be presented for
 ready access in the ICP. The following
 information would not normally be
 well-suited for reference to  documents  :
 external to the ICP: core plan elements,
 facility and locality information (to
 allow-for quick reference by responders
 on the layout of the facility and the
 surrounding environment and
 mitigating actions for the specific
 hazard(s) present), notification
 procedures, details of response
 management personnel's duties, and
 procedures for establishing the response
 management system. Although linkages
 provide the opportunity to utilize
 information developed by other
 organizations, facilities should note that
 many LEPC plans and ACPs may hot
 currently possess sufficient detail to be
 of use in facility plans or the ICP. This
 information may need to be developed
 by the facility until detailed applicable
 information from broader plans is
 available.
  In all cases, referenced materials must
 be readily available to anticipated plan
 users.  Copies of documents  that have
 been incorporated by reference need not
 be submitted unless it is required by
 regulation. The appropriate  sections of
 referenced documents that are unique to
 the facility, those that are not nationally
 recognized, those that are required by -
 regulation, and those that could not
 reasonably be expected to be in the"
 possession of the reviewing agency,
 should be provided when the plan is   •
 submitted for review and/or"approval.
 Discretion should be used when
 submitting documents containing
proprietary data. It is, however,
 necessary to identify in the ICP the
specific section of the document being
 incorporated by reference, where the
 document is kept, and how it will be
 accessed if needed by the facility or
requested by the reviewing agency. In
 addition, facility owners or operators
are reminded to take note of submission
  requirements of specific regulations
  when determining what materials to
  provide an'agency for review as it may
.  not be necessary to submitall parts of
  an ICP to a particular agency.
    As discussed previously, this
  guidance contains a series of matrices
.  designed to assist owners and operators
  in the plan consolidation process and in
  the process of ensuring and
  documenting compliance with
  regulatory requirements. The matrix in
  Attachment 2 to this guidance displays
  areas of current regulations that align
  with the suggested elements contained
  in this guidance document. When
  addressing each element of the ICP  ,
  outline, plan drafters can refer to this
  matrix to identify specific regulatory,
  requirements related to that element.
  The matrices in Attachment 3 to this
  guidance display regulatory
  requirements as contained in each of the
  regulations listed in the NRT policy
  statement above (which are applicable
  to many facilities) along with an
  indication of where in the suggested ICP
  outline these requirements should be
  addressed. If a facility chooses to follow
  the ICP outline, these matrices can be
  included as Annex 8 to a facility's ICP
  to provide the necessary cross-reference
  for plan reviewers to document
  compliance with various regulatory
  requirements. To the extent that a plan
  deviates from the suggested ICP outline,
  plan drafters will have to alter the
  matrices to ensure that the location of
 regulatory requirements within the ICP
  is clearly identified for plan reviewers.
 Integrated Contingency Plan Elements
   Presented below is a list of elements
 to be addressed in the ICP and a brief
 explanation, displayed in italicized text,
 of the nature of the information to be
 contained in that section of the ICP.
 Attachment 1 presents the complete
 outline of the ICP without the
 explanatory text. As discussed
 previously, the elements are organized
 into three main sections: plan
 introduction, core plan, and response
 annexes.

 Section I—Plan Introduction Elements
 1. Purpose and Scope of Plan Coverage
   This section should provide a brief
 overview of facility operations and
 describe in general the physical area,
 and nature of hazards or events to
 which the plan is applicable. This brief
 description will help plan users quickly
 assess the relevancy of the plan to a
particular type of emergency in a given  '
location. This section should also
include a list of which regulationfs) are
 being addressed in

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2, Table of Contents
  Tltls section should clearly identify
the structure or the plan and include a
list of annexes. This will Facilitate rapid
use of the plan during an emergency.
3, Current Revision Date
  This section should indicate the date
that the plan was last revised to provide
plan users with information on the
currency of UK plan. More detailed
information on plan update history (i.e.,
a record of amendments) may be
maintained in Annex 6 (Response
Critique and Plan Review and
Modification Process).
4. General Facility Identification
Information
a. Facility name
b. Owner/operator/agent (include
    physical and mailing address and
    phone number)
c. Physical address of the facility
    (include county/parish/borough,
    latitude/longitude, and directions)
d. Mailing address of the facility
    (correspondence contact)
c. Other identifying information (e.g., ID
    numbers, SIC Code, oil storage start-
    up date)
f. Key contact (s) for plan development
    and maintenance
g, Phone nurnber(s)  for key contacts)
h. Facility phone number
i. Facility fax number
  This section should contain a brief
profile of the facility and its key
personnel to facilitate rapid
identification of key administrative
information.
Section 11 • Core Plan Elements
I. Discovery
  This section should address tlie initial
action the personfs) discovering an
incident will take to assess the problem
at hand and access tlie response system.
Recognition, basic assessment, source
control (as appropriate), and initial
notification of proper personnel should
be addressed in a manner that can be
easily understood by everybody in the
facility. The use of checklists or
flowcharts is highly recommended.

2. Initial Response
a. Procedures for internal and external
     notifications (i.e., contact,
     organization name, and phone
     number of facility emergency
     response coordinator, facility
     response team personnel, federal,
     state, and local, officials)
b. Establishment of a response
     management system
c. Procedures for preliminary
     assessment of the situation,
                        including an identification of
                        incident type, hazards involved,
                        magnitude of the problem, and
                        resources threatened
                    d. Procedures for establishment of
                        objectives and priorities for
                        response to the specific incident,
                        including:
                       (1) Immediate goals/tactical planning
                        (e.g., protection of workers and
                        public as priorities)
                       (2) Mitigating actions (e.g., discharge/
                        release control, containment, and
                        recovery, as appropriate)
                       (3) Identification of resources required
                        for response
                    e. Procedures for implementation of
                        tactical plan
                    f. Procedures for mobilization of
                        resources
                       This section should provide for   .  ,
                    activation of the response system
                    following discovery of the incident. It
                    should include an .established 24-hour
                    contact point (i.e., that person and
                    alternate  who is called to set the
                    response in motion) and instructions for
                    that person on who to call and what
                    critical information to pass'. Plan
                    drafters should also consider the need
                    for bilingual notification. It is important
                    to note that different incident types
                    require that different parties be notified.
                    Appropriate federal, State, and local
                    notification requirements should be
                    reflected in this section of the ICP.
                    Detailed notification lists may be
                    included here or in Annex 2, depending
                     upon the variety of notification schemes
                     that a facility may need to implement.
                    For example, the release of an extremely
                    hazardous substance will require more
                     extensive notifications (i.e., to State
                    Emergency Response Commissions
                     (SERCs) andLEPCs) than a discharge of
                     oil. Even  though no impacts or
                     awareness are anticipated outside the
                     site, immediate external notifications
                     are required for releases ofCERCLA and
                     EPCRA substances. Again, the use of
                     forms, such as flowcharts, checklists,
                     call-down lists,  is recommended.
                       This section should instruct personnel
                     in the implementation of a response
                     management system for coordinating
                     the response effort. More detailed
                     information on specific components and
                     functions of the response management
                     system (e.g., detailed hazard
                     assessment, resource protection
                     strategies) may be provided in annexes
                     to the ICP.
                       This part of the plan should then
                     provide information on problem
                     assessment, establishment of objectives
                     and priorities, implementation of a
                     tactical plan, and mobilization of
                     resources. In establishing objectives and
priorities for response, facilities should
perform a hazard assessment using
resources such as Material Safety Data
Sheets (MSDSs) or the Chemical Hazard
Response Information System (CHRIS)
manual. Hazardous Materials
Emergency Planning Guide (NRT-1),
developed by the NRT to assist
community personnel with emergency
response planning, provides guidance
on developing hazard analyses. If a
facility elects to provide detailed hazard
analysis information in a response
annex, then a reference to that annex
should be provided in this part of the
core plan.
  Mitigating actions must be tailored to
the type of hazard present. For example,
containment might be applicable to an
oil spill (i.e., use of booming strategies)
but would not be relevant to a gas
release. The plan holder is encouraged
to develop checklists, flowcharts, and
brief descriptions of actions to be taken
to control different types of incidents.
Relevant questions to ask in developing
such materials include:
  •  What type of emergency is
occurring?
  •  What areas/resources have been or
will be affected?
  •  Do we need an exclusion zone?
  •  Is the source under, control?
  •  What type of response resources
are needed?

3. Sustained Actions
  This section should address the
transition of a response from the initial
emergency stage to the sustained action
stage where more prolonged mitigation
and recovery actions progress under a
response management structure. The
NRT recognizes that most incidents are
able to be handled by a few individuals
 without implementing an extensive
response management system. This
section of the core plan should be brief
and rely heavily on references to
specific annexes to the ICP.

4. Termination and Follow-Up Actions
  This section should briefly address
 the development of a mechanism to
 ensure that the person in charge of
 mitigating the incident can, in
 coordination with the federal or state
 OSC as necessary, terminate the      '
 response. In the case of spills, certain
 regulations may become effective once
 the "emergency" is declared over. The
 section should describe how the orderly
 demobilization of response resources
 will occur. In addition, follow-up
 actions associated with termination of a.
 response (e.g., accident investigation,
 response critique, 'plan review, written
 follow-up reports) should also be
 outlined in this section. Plan drafters ,

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                   Federal  Register A Vol. 61, No.  109 / Wednesday, June 5,  1996 /  Notices
                                                                      28647
 may reference appropriate annexes to
 the ICP in this section of the core plan.

 Section III—Annexes       .

 Annex 1. Facility and Locality  >
 Information
*                          -          i
 a. Facility maps
 b. Facility drawings     •
 c. Facility description/layout, including
     identification of facility hazards
     and vulnerable resources and
     populations on and off the facility
     which may be impacted by an
     incident
  This annex should provide detailed
 information to responders an the layout.
 of the facility and the surrounding
 environment. The use of maps and
 drawings to allow for quick reference is
preferable to detailed written
 descriptions. These should contain
information critical to the response such
 as the location  of discharge sources,
 emergency shut-off valves and response
 equipment, and nearby environmentally
 and economically sensitive resources
 and human populations (e.g., nursing
 homes, hospitals, schools).  TheACP
 and LEPC plan may provide specific
 information on sensitive environments
 and populations in the area. EPA
 Regional Offices, Coast Guard Marine
 Safety Offices, andLEPCs can provide
 information on the status of efforts to
 identify such resources. Plan holders
 may need to provide  additional detail
 on sensitive areas near the facility, hi
 addition, this annex should contain
 other facility information that is critical •
 to response and should complement but
 not duplicate information contained in
part 4 ofthe plan introduction section
 containing administrative information
 on the facility.   ,
Annex 2. Notification     •
a. Internal notifications
b. Community notifications
c. Federal'and state agency notifications
  This annex should detail the process
 of making people aware of an incident
 (i.e.; who to call, when the call must be
 made, and what information/data to
provide on the incident). The incident
 commander is responsible, for ensuring
 that notifications are carried out in a   •
 timely manner but is not necessarily
responsible for making the notifications.
ACPs, Regional Contingency Plans .
 (RCPs), and LEPC plans should be
 consulted-and referenced as a source of
information on the roles and
responsibilities of external parties that
 are to be contacted. This information is
 important to help company responders
 understand how external response
 officials fit into the picture. Call-down
 lists, must be readily accessible to ensure
 rapid response. Notification lists '
 provided in the core plan need not be
 duplicated here but need to be
 referenced.               . - '    '
 Annex 3. Response Management System
„  This annex should contain a general
 description of the facility's response
 management system as well as contain
 specific information necessary to guide
 or support the actions of each response
 management function (i.e., Command,
 operations, planning, logistics, and
 finance) during a response. •  •
 a. General                   l
  .:lf facility owners or operators choose
 to follow the fundamental principles,of
 NIIMS ICS (see discussion of annexes
 above), then they may adopt NIIMS ICS
 by reference rather than having to
 describe the response management
 system in detail in the plan. In this
 section of Annex 3, planners should
 briefly address either 1) basic areas
 where their response management
 system is at variance with NIIMS ICS or
 2) how the facility's organization fits
 into the NIIMS ICS structure.  This may
 be accomplished through a simple
 organizational diagram.
   If facility owners or operators choose
 not to adopt the fundamental principles
 of NIIMS ICS, this sectibn.should
 describe in detail the structure of the
. facility response management system.
 Regardless ofthe response management
 system used, this section of the annex
 should include the following
 information:
   •  Organizational chart;
  , •  Specific job description for each
 position;5
   •  A detailed description of
 information now; and
   •  Description of the formation of a
 'unified command within the response
 management system.  "    '-
 b. Command
   (1) List facility Incident Commander
 and Qualified Individual (if applicable)
 by name and/or title and provide
 information on their authorities and
 duties.
   This section of Annex 3 should
 describe the command aspects ofthe
 response management system that will
 be used (i.e., reference NIIMS ICS or
 detail the facih'ty's. response
 management system). The tocationfs) of
 predesig'nated command posts should
 also be identified.
  * OPA 90 planning requirements for marine
 transfer facilities (33 CFR 154I1035) require job
 descriptions for each .spill management team
 member regardless of the response management
 system employed by the facility.
   (2) Information (i.e., internal and
 external communications).
   This section of Annex 3 should ,
 address how the facility will
, disseminate information internally (i.e.,
 to facility/response employees) and
 externally (i.e., to the public). For
 example, this section might .address how.
 the facility would interact with local
 officials to assist with public evacuation
 and other needs. Items to consider in
 developing this section include press
 release statement forms, plans for
 coordination with the news media,
 community relations plan, needs of
 special populations, and plans for
 families of employees.
   (3) Safety.               ;
   This section of Annex 3 should
 include a process for ensuring the safety
 of responders. Facilities should  '
 reference responsibilities of the safety
 officer, federal/state requirements (e.g.,
 HAZWOPER), and safety provisions of
 the ACP. Procedures for protecting
 facih'typersonnel should be addressed
 (i.e., evacuation signals and routes,
 sheltering in place).
   (4) Liaison—Staff Mobilization:
   This section of Annex 3 should
 address the process by which the
 internal and external emergency
 response teams wUl interact 'Given that
'parallel mobilization maybe occurring
 by various response groups, the process
 of integration (i.e., unified command)
 should be addressed. This includes a
 process for communicating with 'local
 emergency management especially
 where safety of the general public is
 concerned.                        .  -
 c. Operations
 (1) Operational response objectives,
 (2) Discharge or release control
 (3) Assessment/monitoring
 (4) Containment
 (5) Recovery
 (6) Decontamination     >
 (7) Non-responder medical needs,
    including information  on
    ambulances and hospitals
 (8) Salvage plans
   This section of Annex 3 should
 contain a discussion of specific
 operational procedures to respond to an
 incident. It is important to note that •  ;
 response operations are driven by the
 type of incident. That is, a response to
 an oil spill will differ markedly from a
 response to a release of a toxic gas to
 the air. Plan drafters should tailor
 response procedures to the particular
 hazards in place at the facility. A
 facility with limited hazards may have
 relatively few procedures. A larger more
 complex facility with numerous hazards
 is likely to have a series of procedures

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28648
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996  / Notices
designed to address the nuances
associated with each type of incident.

d Planning
  (1) Hazard assessment, including
facility hazards identification,
vulnerability analysis, prioritization of
potential risks.
  Tills section of Annex 3 should
present a detailed assessment of all
potential hazards present at the facility,
an analysis of vulnerable receptors (e.g.,
human populations, both workers and
the general public, environmentally
sensitive areas, and other facility-
specific concerns) and a discussion of
which risks deserve primary
consideration during an incident NRT-
J contains guidance on conducting a
hazard analysis. Also, ACPs andLEPC
plans may provide information on  —
environmentally sensitive and
economically important areas, human
populations, and protection priorities.
Flan drafters sliould address the full
range of risks present at tlie facility. By
covering actions necessary to respond to
a range of incident types, plan holders
can be prepared for small, operational
discharges and large catastrophic
releases.  One approach that is required
by certain regulations, such as the Clean
Air Act (CAA) and OP A is to develop
planning scenarios for certain types and
sizes of releases (Le,, worst case
discharge). Facilities may address such
planning scenarios and associated
calculations in this section of Annex 3
OF as part of a separate annex
depending on the size and complexity of
the facility.
  g) Protection
  This section of Annex 3 should
present a discussion of strategies for
protecting the vulnerable receptors
identified through the hazard analysis.
Primary consideration should be given
to minimizing those risks identified as a
high priority. Activities to be considered
in developing this section include:
population protection; protective
booming; dispersant use, in-situ
burning, bloremedlation; water intake
protection; \vildUfe recovery/
rehabilitation; natural remediation;
vapor suppression; and monitoring,
sampling, and modeling. ACPs "and
LEPC plans may contain much of this
information,
  (3) Coordination with natural resource
trustees.
  This section should address
coordination with government natural
resource trustees. In their role as
managers of and experts in natural
resources, trustees assist Uie federal
OSC in developing or selecting removal
actions to protect these resources. In
this role, they serve as part  of the
                    response organization working for the
                    federal OSC. A key area to address is
                    interaction with facility response
                    personnel in protection of natural
                    resources.
                      Natural resource trustees are also
                    responsible to act on behalf of the
                    public to present a claim for and recover
                    damages to natural resources injured by
                    an oil spill or hazardous substance
                    release. The process followed by the
                    natural resource trustees, natural
                    resource damage assessment (NRDA),
                    generally involves some data collection
                    during emergency response. NRDA
                    regulations provide that the process
                    may be carried out in cooperation with
                    the responsible party. Thus, the facility
                    may wish to plan for how that
                    cooperation will occur, including
                    designation of personnel to work with
                    trustees in NRDA.
                       (4)  Waste management.
                       This section should address   '
                    procedures for the disposal of
                    con tarnina te d materials in accordance .
                    with federal, state, and local
                    requirements.
                    e. Logistics
                       (1)  Medical needs of responders
                       (2)  Site security
                       (3)  Communications (internal and
                        external resources)
                       (4)  Transportation (air, land, water)
                       (5)  Personnel support (e.g., meals,
                        housing, equipment)
                       (6)  Equipment maintenance and
                        support
                       This section of the Annex 3 should
                    address how the facility will provide for
                    the operational needs of response
                    operations in each of the areas listed
                    above. For example,  the discussion of
                    personnel support should address issues
                    such as: volunteer training;
                    management; overnight
                    accommodations; meals; operational/
                    administrative spaces; and emergency
                    procedures. The NRT recognizes that
                    certain logistical considerations may hot
                    be applicable to small facilities with
                    limited hazards.
                    f. Finance/procurement/administration
                       (1) Resource list
                       (2) Personnel management
                       (3) Response equipment
                       (4) Support equipment
                       (5) Contracting
                       (6) Claims procedures
                       (7) Cost documentation
                       This section of Annex 3 should
                     address the acquisition of resources
                     (i. e.,  personnel and equipment) for the .
                     response and monitoring of incident-.
                    related costs. Lists of available
                     equipment in the local and regional
                     area and how to procure such
                     equipment as necessary should be
included. Information on previously
established agreements (e.g., contracts)
with organizations supplying personnel
and equipment (e.g., oil spill removal
organizations) also should be included.
This section should also address
methods to account for resources
expended and to process claims
resulting from the incident.
Annex 4. Incident Documentation
a. Post accident investigation
b. Incident history
  This annex should describe the
company's procedures for conducting a
follow-up investigation of the cause of
the accident, including coordination
with federal, State, and local officials.
This annex should also contain an
accounting of incidents that have
occurred at the facility, including
information on cause, amount released,
resources impacted, injuries, response
actions, etc. This annex should also
include information that may be
required to prove that the facility met its
legal notification.requirements with
respect to a given incident, such as a
signed record of initial notifications and
certified copies of written follow-up
reports submitted after a response.
Annex 5. Training and Exercises/Drills
  This annex should contain a
description of,the training and exercise
program conducted at the facility as
well as evidence (i.e., logs).thatrequired
training and exercises have been
conducted on a regular basis.  Facilities
may follow appropriate training or
exercise guidelines (e.g., National
Preparedness for Response Exercise
Program Guidelines) as allowed under
the various regulatory requirements.

Annex 6. Response Critique and Plan
Review and Modification Process
  This annex should describe
procedures for modifying the plan based
on periodic plan review or lessons
learned through  an exercise or a
response to an actual incident.
Procedures to critique an actual or
simulated response should be a part of
this discussion. A list of plan
amendments (i.e., history of updates)
should also be contained in this annex.
Plan modification should be viewed as
a part of a facility's continuous
improvement process.

Annex 7. Prevention
  Some federal regulations that
primarily address prevention  of
accidents include elements that relate to
contingency planning (e.g.,  EPA's RMP,
and SPCC regulations and OSHA 's
Process Safety Standard). This annex is
designed to allow facilities to include

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                     Federal Register /  Vol. 61,  No.  109  / We'dnesday, June 5, 1996 / Notices
                                                                           28649
 prevention-based requirements (e.g.,
 maintenance, testing, in-house
 inspections, release detection, site
 security, containment, fail safe
 engineering) 'that are required in
 contingency planning regulations or
 that have the potential to impact
 response activities covered in a
. contingency plan. The modular nature
 of the suggested plan Outline provides
 planners with necessary flexibility to
 include prevention requirements in the'
 ICP. This annex may not need to be
 submitted to regula tory agencies for
 review.      '
 Annex 8. Regulatory Compliance and
 CrOss-Reference Matrices
   This annex should include
 information necessary for plan
 reviewers to determine compliance with
 specific regulatory requirements.  To the
 extent that plan drafters did not include
 regulatory required elements in the
 balance of the ICP, they should be
 addressed in this annex.  This annex
 should also include signatory pages to
 convey management approval and
 certifications required by the
 regulations, such as certification of
 adequate response ^resources and/or
 statements of regulatory applicability as
 required by regulations under OP A
 authority. Finally, this annex should
 contain cross-references that indicate
 where specific regulatory requirements
 are addressed in the ICP for each
 regulation covered under the plan. As
 discussed previously, Attachment 3
 contains a series of matrices designed to
 fulfill this need in those instances where
 plan drafters adhere to the outline
 contained in this guidance.-
 Attachment 1—ICP Outline
 Section I—Plan Introduction Elements
 1. Purpose and Scope of Plan Coverage
 2. Table of Contents            .      ,
 3. Current Revision Date
 4. General Facility Identification Information
   a. Facility name      "
   b. Owner/operator/agent (Include physical
    and mailing address and phone number)
   c, Physical  address of the facility (include
    counry/parish/borough, latitude/
    longitude, and directions)
   d. Mailing address of the facility
     (correspondence contact)
   e. Other identifying information (e.g., ID
     numbers, SIC Code, oil storage start-up
     date),  . •   ,
   f. Key contact(s) for plan development and
     maintenance
   g. Phone number for key contact(s)
   h. Facility phone number
   ;i. Facility fax number

 Section II—Core Plan Elements
 1. Discovery
 2. Initial Response
   a. Procedures for Internal and external
     notifications (i.e., contact, organization
    name, and phone number of facility
     emergency response coordinator', facility
    response team personnel, federal, state,
    and local officials)
   b. Establishment of a response management
    system
   c. Procedures for preliminary assessment of
    the situation, .including an identification
     of incident type, hazards involved,
    magnitude of the problem, and resources
    threatened
   d. Procedures for establishment of
    objectives and priorities for response to
    the specific incident, including:
   (1) Immediate goals/tactical planning (e.g.,
    protection of workers and public as
   . priorities)
   (2) Mitigating actions (e.g!, discharge/
    release control, containment, and
    recovery, as appropriate)
   (3) Identification'of resources required for
    response
   e. Procedures for implementation of
    tactical plan
  f. Procedure for mobilization of resources
 3. Sustained Actions
 4. Termination and Follow-Up Actions

 Section Ill-Annexes
 Annex 1. Facility and Locality Information
 a. Facility maps
 b. Facility drawings
 c. Facility description/layout, including
  identification of facility hazards and
  vulnerable resources and populations on
  and off the facility which may be impacted
  by an incident
 Annex 2. Notification
 a. Internal notifications
b.  Community notifications
 c. Federal and state agency notifications
Annex 3. Response Management System
a. General
bi Command                  >
   (1) List facility Incident Commander and
     Qualified Individual (if applicable) by
     name and/or title and provide
     information on their authorities and
     duties
   (2) Information (i.e;, internal and external
     communications)
   (3) Safety               .
   (4) Liaison—Staff mobilization
 c. Operations
   (1) Operational response objectives
   (2) Discharge  or release control
   (3) Assessment/monitoring
   (4) Containment
   (5) Recovery      >                     ,
   (6) Decontamination
   (7) Non-responder medical needs Including
     Information on ambulances and
     hospitals
   (8) Salvage plans
 d. Planning
   (1) Hazard assessment, including facility
     hazards identification, vulnerability
     analysis, prloritization of potential risks
   (2) Protection       '
   (3) Coordination with natural resource  •
     trustees
   (4) Waste management
 e. Logistics
   (1) Medical needs of responders
   (2) Site security
,  (3) Communications (internal and external
    resources)
   (4) Transportation (air, land, water)
   (5) Personnel support (e.g., meals, housing,
    equipment)
   (6) Equipment maintenance and support
f. Finance/procurement/administration
   (1) Resource list
   (2) Personnel management
 •  (3) Response equipment
   (4) Support equipment
   (5) Contracting
   (6) Claims procedures
   (7) Cost documentation
Annex 4. Incident Documentatibn      ;
a. Post accident Investigation
b. Incident history
Annex 5. Training and Exerclses/TJrills

Annex 6, Response Critique and Plan Review
and Modification Process

Annex 7. Prevention

Annex 8. Regulatory Compliance and .Cross-
Reference Matrices

BILLING CODE 6560-50-P

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28650
 Federal Register / Vol. 61,  No. 109 / Wednesday. June 5. 1996 /.Notices
    0
    §
    ci
               §
!i
               c
(CFRp*ri
ubpjrtD,40
Rpart2S5,
art D, and 40
FR2W.52)
            a.
            u
                     1
        g
        a
        2
        w
                          Sf —
                        elS

and
!!
112.20(
Appendix F
Table of cont
                                           s  e
                                           D — —
                                           iii
eral facili
cation in
O '
•»:
ty na
                                                        .
                                                       = 22
c. Ph
direct

ide
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                                                                       111

-------
ICP Elements


f. Key contact(s) for plan
development and
maintenance
g. Phone number for key
contacts)
h. Facility phone number
i. Facility fax number
RCKA(40CFRpart -
264, Subpart D, 40
CFR part 265,
Subpart D, and 40
CFR 279.52)




=

v
Section U - Core Plan Elements
1. Discovery
2. Initial response

a. Procedures for internal
and external notifications









b. Establishment of a
response management
structure

c. Preliminary assessment






264.52(d)
265.52(d)
279.52(b)(2)(iv)
264.55
265.55
279.52(b)(5)
264J6(aXl).(2) ,
265.56(a)(l),(2)
279.52(b)(6)(i)(A),(B)
264.56(d)(l),(2)
265^6(d)(l).(2)
279.52(b)(6)(iv)(A),(B)
264;37
265.37
2?9.52(a)(6)
264.52(c)
279.52(b)(2)(iii)
264.56(b),(c)
265.56(b),(c)
27-9.52(b)(6)(ii),(iii)


EPA's Oil Pollution
Prevention
Regulation .
(40 CFR part 112)





F1.2
F2.1


USCG-FRP
(33 CFR part 154)





1035(a)(l)
1035(a)(l)

DOT/RSPA-FRP
(49 CFR part 194)


• . '- '




; .. -._. • .
1 12.20(h)(6)
Fl.6.1, FI.6.2
H2.20(hX7)(i)
Fl.3.6
F1.7

112.20(h)(3)(iv) -
F1.2
F1J.1
.





112.20(h)(J)(v)
112.20(h)(3Xv)
Fl.3.4


112.20(h)(3Xix)
112.20(h)(4)
F1.4.F1.4.2


1035(b)(3)(i)
1035(b)(2)(ii)
1035(b)(3)(i)
1035(b)(3)(ii)
1026
1035(aX3)
1035(eX2)








i035(b}(3)(iii)



1035(b)(3)
1035(b)(4)(i)



A-3
A-2

194.l07(d)(l)(ii)
194.1 13(b)(2)
A-i
A-S







194,I07(d)(l)(v) -
A-4
A-9


!94.l07(d)(lXii)



OSHA Emergency
Action Flans
(29 CFR 1910.38(a))
and Process Safety
(29 CFR 1910.119)
38(a)(2)(vi)




\

'
OSHA HAZWOPER
(29 CFR 1910.120)
0)(2)(0,(ii) ^
( V2inr)





• ,
119(n)
38(a)(2)(i)
38(aX2)(ii)
1 19(n)
38(aX2)(v)
38(aX2)(vi)
38(aX3)(i)

165










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28652
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       Federal Register  / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Notices
                                                                           28653
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28654
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Notices
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ICP Elements
• (3) Coordination with
natural resource trustees
(4) Waste management
e. Logistics
(1) Medical needs
(2) Site security
(3) Communications
(4) Transportation
(5) Personnel support
(6) Equipment
maintenance and support
f. Finance/procurement/
administration
, (1) Resource list
(2) Personnel
RCRA(40CFRpart
264,SubpartD,40
CFR part 265,
Subpart D, and 40
CFR 279.52)

264.56(h)(l)
265.56(h)(l)
279.52(b)(6)(viii)(A)
264.56(g)
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28656
Federal Register / Vol.-61, No. 109./ Wednesday, June 5,  1996 / Notices
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                       Federal Register /Vol. 61,  No. 109  / Wednesday, June  5,  1996  / Notices
                                  ATTACHMENT 3: REGULATORY CROSS-COMPARISON MATRICES
                                                                                                          ICP Citation®
                        RCRA (40 CFR Part 264 Subpart D1, 40 CFR Part 265 Subpart D2, 40 CFR Part 279.52(b)3)
  264.52  Content of contingency plan:
      (a) Emergency response actions.''
      (b) Amendments to SPCC plan.
      (c) Coordination with State and local response parties5 ..
      (d) Emergency coordinator(s)  	:....	
      (e) Detailed description of emergency equipment on-site
      (f) Evacuation plan if applicable	'.	
 264.53   Copies of contingency plan.
 264.54   Amendment of,contingency plan	.-...:.....'.
 264.55   Emergency coordinator	.....'	
 264.56   Emergency procedures:
      (a) Notification	
      (b) Emergency identification/characterization 	
      (c)  Health/environmental assessment	
      (d) Reporting	
      (e) Containment	
      (f) Mo'nitoring	:	
      (g) Treatment, storage, or disposal of wastes	
      (h)  Cleanup procedures:.
          (1) Disposal	
       •   (2) Decontamination	-.	
      (i) Follow-up procedures	„	
      (j) Follow-up report	,...;	'.	
 265.52   Content,of contingency plan:   '
      (a)  Emergency response actions.6                    .
      (b)  Amendments to SPCC plan.
      (c)  Coordination with State and local response parties7 ..
      (d)  Emergency coordinators)	
      (e)  Detailed description of emergency equipment on-site
     (f) Evacuation plan if applicable ...:	
 265.53   Copies of contingency plan.  .
 265.54   Amendmenf of contingency plan ,	
 265.55   Emergency coordinator	
 265.56   Emergency procedures:
     (a) Notification	:....
     (b) Emergency identification/characterization  	.'	....
     (c) Health/environmental assessment	
     (d) Reporting	.,	'...:..
     (e) Containment 	._.	
  -  (f) Monitoring 	.;	
     (g) Treatment, storage, or disposal of wastes	
     (h) Cleanup procedures:
          (1) Disposal	
          (2) Decontamination	.'.	'.	
     (i) Follow-up procedures	;	
     (j) Follow-up report 	..........;	:..'	„.	
 279.52(b)(2)  Content of contingency plan:
     (i) Emergency response actionss
     (ii) Amendments to SPCC plan.
    • (iii) Coordination with State and local response  parties9  .,
     (iv) Emergency coordinator(s)	,	;....„.
     (v) Detailed description of emergency equipment on-sites.
     (vi) Evacuation plan if applicable	
 (3) Copies of contingency plan.                  '.
 (4) Amendment of contingency plan	;.,...
• (5) Emergency coordinator	
 (6) Emergency procedures:
     (i) Notification	;...„	
     (II) Emergency identification/characterization ...
     (iii) Health/environmental assessment 	
     (iv) Reporting	
     (v) Containment	.....:	
     (vi) Monitoring 	.".	
     (vii) Treatment, storage, or disposal of wastes .
     (viii) Cleanup procedures:
         (A)  Disposal	
         (B)  Decontamination	'.,
ll.2.a; III.2.
111.6.


H.2.a;


IL2ia;
      III.2; Tll.3.b.(2).
      lll.3.c.(3).
      lll.3.c.(3).
      III.2; lll.3.c.(3).
Hl.3.d.
lll.3
II.4.
      (4).
ll.2.b;
ll.2.a;
      Ill.S.a.
      III.2.
III.6.
ll.2.a;

ll.2.a;
ll.2.c;
ll.2.c;
Il.2.a;
       I.2; lll.3.b.(2).
       .3.c.(3).    .
       .3.c.(3).
      III.2; lll.3.c.(3).
II.4.
IIIAa.
         .
      111.2:
1.6'.,


.2.a;


^a;
      III.2;
      lll.3.
      lll.3.
      III.2;
          lll.3.b.(2).
          .(3).   '
          .(3).
          lll.3.c.(3).

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28658
                 Federal  Register  / Vol.  61.  No.  109 / Wednesday, June 5.  1996 / Notices
                         ATTACHMENT 3: REGULATORY CROSS-COMPARISON MATRICES—Continued

(U) Foltow-up report 	 ••• 	 • 	
ICP Citation(s)
IIIAa.
                                       EPA's Oil Pollution Prevention Regulation (40 CFR 112)
112J(d){1)  Strong spill contingency plan and written commitment of manpower, equipment,
  and materials."."
112.20{g)  General response planning requirements	,	
112,20(h) Response plan elements	
    (1) Emergency response action plan (Appendix F1.1):
        (!) Identity and telephone number of qualified individual (F1.2>5) 	
        (B) Identity of individuals/organizations to contact if there is a discharge (F1.3.1)	
        (til) Description of information to pass to response personnel in event of a reportable
          spi»(F1.3).
        (Iv) Description of facility's response equipment and its location (F1.3.2)	

        (V) Description of response personnel capabilities (F1.3.4) 	
        (VI) Plans for evacuation of the facility and a reference to community evacuation plans
          (F1.3.5).
        (vH) Description of immediate measures to  secure the source (F1.7.1) 	
        (vlH) Diagram of the facility (F1.9)	
    (2) Facility information (F1.2, F2.0)	..-•
    (3) Information about emergency responses:
        (i) Identity of private personnel and equipment to remove to the maximum extent prac-
          ticable a WCD  or other discharges (F1.3.2, F1.3.4).
        (R) Evidence of contracts or other approved means for ensuring personnel and equip-
          ment availability.
        (BO Identity and telephone  of individuals/organizations to be contacted in event of a
          discharge (F1.3.1).
        fiv) Description of Information to pass to response personnel in event of a reportable
          spill (F1.3.1).
        (v) Description of response  personnel capabilities (F1.3.4)	
        (vl) Description of a  facility's  response equipment,  location  of the equipment, and
          equipment testing (F1.3.2; F1.3.3).
        (vH) Plans for evacuation of the facility and a reference to community evacuation plans
          as appropriate  (F1.3.5).
        (vlll) Diagram of evacuation routes (F1.9)	
        Ox) Duties of the  qualified individual (F1.3.6) 	.,>.,	,	
    (4) Hazard evaluation (F1.4)	.'.	-,	
    (5) Response planning levels (F1.5, F1.5.1, F1.5.2)	
    (6) Discharge detection systems (F1.6, F1.6.1, F1.6.2)	:	
    (7) Plan implementation (F1.7)	
        (f) Response actions to be carried out (F1.7.1.1)	;
        (H) Description of response equipment to be used for each scenario (F1.7.1.1)	...
        n\) Plans to dispose of contaminated cleanup materials (F1.7.2) 	
        (iv) Measures to provide adequate containment and drainage of spilled oil (F1.7.3)	
        (8) Self-Inspection, drills/exercises, and response training (F1.8.1-F1.8.3.2)	
        (9) Diagrams (F1.9)	
        (10) Security systems (F1.10)	••»•
        (11) Response plan cover sheet (F2.0).
112,21  Facility response training and drills/exercises (F1.8.2, F1.8.3)	
Appendk F Facility-Specific Response Plan:"
    1.0  Model Facility-Specific Response Plan.
         Emergency Response Action  Plan.
         Pacify Information  	:	
         Emergency Response Information:
        1.3.1  Notification	•	•	•	
               Response Equipment List 	
               Response Equipment Testing/Deployment	
               Personnel	•	•	
               Evacuation Plans	•	,	
               Qualified Individual's Duties	
    1.4  Hazard Evaluation 	•	-	
        1.4.1  Hazard  Identification	;	•	
        1.4.2  Vulnerability Analysis 	•	•	
        1.4.3  Analysis of the Potential for an Oil Spill	-....
        1.4.4  Facility Reportable Oil Spill History	
         Discharge Scenarios:
        1.5.1  Small and Medium Discharges 	
        1,5.2  Worst Case Discharge	
         Discharge Detection Systems:
        1.6.1  Discharge Detection By Personnel 	;....	
1.1
1.2
1.3
    1.3.2
    1.3.3
    1.3.4
    1.3.5
    1.3.6
1.5
1.6
                                                                                    ljl.3.d.(3); III.6.
                                                                                    I.2; III.8.
                                                                                    III.2.
                                                                                    II.2.3.
                                                                                    ll.2.b; III.3; lll.3.e.(5); lll.3.f.(2);
                                                                                     l.4.b-d; 111.1 .
                                                                                           lll.3.d.(1); Ill.S.f.
                                                                                     11.1.
                                                                                     ll.2.d-f; II.3; II.4.
                                                                                     II.2; lll.3.d.(2).
                                                                                     lll.3.e.(6); III.5.
                                                                                     lll.l.b.
                                                                                     II 1.5.
                                                                                     1.2.
1.3; 1.4.a; l.4.b-c; l.4.h; ll.2.a; 111.1.
ll.2.b; III.3; lll.3.f.(2).
II.2.
II.2.C.
                                                                                     11.1.

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                      Federal Register  / Vol. 61,  No.  109  / Wednesday, June  5, 1996 /  Notices
                                     28659
                          ATTACHMENT 3: REGULATORY CROSS-COMPARISON MATRICES—Continued

1.6.2 Automated Discharge Detection 	 	 	
1.7 Plan Implementation 	
1.7.1 Response Resources for Small, Medium, and Worst Case Spills 	 	 	 	
1.7.2 Disposal Plans 	 	 	 ...:...;...: 	 ,....„. 	 	 	
1.7.3 Containment and Drainage Planning 	 '. 	 	
1.8 .Self-Inspection, Drills/Exercises, and Response Training: ,
1 81 Facility Self-Inspection ...
1.8.2 Facility Drills/Exercises 	 	 	 	 . .
1 .8.3 Response Training ,
1.9 Diagrams 	 : 	 	 	 	 	 '.: 	 	 	 	
1.10 Security ...... . . . .
2.0 Response Plan Cover Sheet 	 	 	 	 	 	

ICP Citation(s)
I1 1 '
II 2

III.3 c (5)-(6)' III 3 d (4) "
II 2 d' III 3 c (4)' III3 d (2) '
III 3 e (6)
III 5
III 5
I.4; lll.1.a-c. ;
III 3 e (2)
I 4b' I 4c- I4h' III 1

                                                      USCG FRP (33 CFR part 154)
154.1026   Qualified individual and'alternate qualified individual	„
154.1028   Availability of response resources by contract or other approved means	
154.1029   Worst case discharge	'.,	
154.1030   General response plan contents:.
    (a) The plan must be written in English.  .
    (b) Organization of the plan!3	
    (c) Required contents.      •
    (d) Sections submitte'd,to COTP.   . •                   '     "   .    '
    (e) Cross-references	,.>	
 •-.  (f) Consistency with NCP and ACPs	
154.1035   Significant and substantial harm facilities:    • '
    (a) Introduction and plan content	:..	
        (1) Facility's name, physical and mailing address, county, telephone, and fax	
        (2) Description  of a facility's locatiop in a manner that could aid in locating the facility
     ,  '.(3) Name,  address, and procedures for contacting the  owner/operator on 24-hour
           basis.                                  •            ,
        (4) Table of contents	.-	
        (5) Cross index, if appropriate	
        (6) Record of change(s) to record information on plan updates ,.'.	
    (b) Emergency  Response Action Plan:
        (1) Notification  procedures:                                      "       ~
            (i) Prioritized list-  identifying person(s),  including name, telephone number, and
               role  in plan, to be notified in event of threat or actual discharge..
           . (ii) Information to be provided in initial and follow-up notifications to  federal,  state,
               and  local agencies.
        (2) Facility's spill .mitigation procedures14 	:	
            (i) Volume(s) of persistent and non-persistent oil groups.
            (ii) Prioritized procedures/task delegation to mitigate or prevent a potential or ac-
               tual  discharge or emergencies involving certain equipment/scenarios.
            (ill) List of  equipment and  responsibilities of facility personnel to mitigate an aver-
               age  most probable discharge.                    :  •              '            •
        (3) Facility  response activities i5 r.:'..'	:.'.	:	'
            (i) Description  of facility personnel's responsibilities to  initiate/supervise response
               untij arrival of qualified individual.
            (ii) Qualified  individual's responsibilities/authority 	.-.	
            (Hi) Facility or corporate organizational structure used to manage response actions

            (iv) Oil spill response organization(s)/spill management team available by contract
     •  .        or other  approved means.                         •
            (v) For mobile facilities that operate in more than one COTP, the oil  spill response
               organization(s)/spill management  team in the applicable geographic-specific ap-
               pendix.
        (4) Fish and wildlife sensitive environments-	.-	.....•...,-.	
            (i) Areas of economic importance and environmental sensitivity as identified  in the
               ACP that are potentially impacted by a WCD.
            (ii) List areas and  provide maps/charts and describe'response actions.
            (iii) Equipment and personnel necessary to protect identified areas 	
        •(5) Disposal plan	;	.,	,	.....
    (c) Training; and exercises  	:...-	;.....	
    (d) Plan'review and update  procedures	-..„	
    (e) Appendices  	'.	.'...,.,	
        (1) Facility  specific information	,...	
        (2) List of contacts	,	.'.......	„...:	.'.
        (3) Equipment lists and records'	'.	..'.	
        (4) Communications plan	....7.	
        (5) Site-specific safety and health plan	'.	;	
1.2.  '


III.8.
IIU.
l.4.a; l.4.c-d; l.4.
I.4.C.
I.2.
III.8:
l,3; III.6.
 .II.S.b; lll.2.a-c.
ll.2.c; ll.2.e-f; II.3; II.4; lll.3.c.(3).
II.1-II.2.

II.2.
ll.2.b;   II.3;    IH.S.a;   lll.3.b.(2)-(4);   III.S.c;
 I.2.C.
II.2.6-
Ill.S.d.
III.5.
III.6.
l.4.c; I
111.1.
ll.2.a;
Ill.S.e.
Ill.S.b.
Ill.S.b.
•f;
(4).
 l.l.b.
(3); Il1.3.e.(6);
(2).           .       ,
(3); lll.3.c.(7); Ill.S.e. (1).

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28660
Federal Register  / Vol.  61, No.  109  / Wednesday, June 5,  1996 /  Notices
                         ATTACHMENT 3: REGULATORY CROSS-COMPARISON MATRICES—Continued
                                                                                                      ICP Citation(s)
        (6) List of acronyms and definitions.
        (7) A geographic-specific appendix.
154.1040  Specific requirements for substantial harm facilities.
154,1041  Specific response Information to be maintained on mobile MTR facilities.
154,1045  Groups I-IV petroleum oils.
154,1047  Group V petroleum oils.
154.1050  Training	
154.1055  Drills ,.	
154.1057  Inspection and maintenance of response resources	
154.1060  Submission and approval procedures.
154.1065  Plan revision and amendment procedures	
154.1070  Deficiencies.                              ,                 .
154.1075  Appeal Process.
Appendix C—Guidelines for determining and evaluating required response resources for facility
  response plans.
Appendix D—Training elements for oil spill response plans  	
                                                                   III.5.
                                                                   III.5.
                                                                   III.6.
                                                                   II.5.
                                                 DOT/RSPA FRP (49 CFR Part 194)
194.101  Operators required to submit plans.
194.103  Significant and substantial harm: operator's statement 	
194.105  Worst case discharge	,	
194.107  General response plan requirements:
    (a) Resource planning requirements  	,	
    (b) Language requirements.
    (c) Consistency with NCP and ACP(s)	
    (d) Each response plan must include:
        (1) Core Plan Contents:
            (J) An Information summary as required in 194.113	
194.113(a)  Core plan information summary:
    (1) Name and address of operator 	".	.'	.....
    (2) Description of each response zone	
            (b) Response zone appendix information summary:
    (1) Core plan information  summary
        (2) Name'>OAS''A'V\AO Submission and approval procedures	
194.121  Response plan review and update procedures	
^ApendlX'S'A'Aecommended guidelines for the preparation of response plans.
    Section 1—Information summary	
    Section 2—Notification procedures	
    Section 3—Spill detection and on-scene spill mitigation procedures	
    Section 4—Response activities	
    Section 5—List of contacts	
    Section 6—Training procedures 	
    Section?—DrtH procedures	
    Sectfon 8—Response plan review and update procedures 	.......
    Section 9—Response zone appendices	
                                                                   III.S.
                                                                   Ill.S.d.

                                                                   lll.3.d.(3); III.8.


                                                                   I.4; 111.1.
                                                                   I.4.C.
                                                                   III.6.
                                                                   III.S.
                                                                   I.2.
                                                                   l.4.b-c; ll.2.a; ll.Zf; III.S.
                                                                   ll.2.a; III.2; lll.3.b.(2); lll.3.e.(3).
                                                                   11.1; ll.2.e-f; lll.3.c.(2).
                                                                   III.S.   •
                                                                   III.S.
                                                                   III.6.
                                                                   ll.2.b;ll.3;lll.1.a-c; III.S.
                      OSHA Emergency Action Plans (29 CFR 1910.3B(a)) and Process Safety (29 CFR 1910.119)
1910,38(a)  Emergency action plan:
    (1) Scope and applicability	
    (2) Elements:
        (I) Emergency escape procedures and emergency escape route assignments	
        (H) Procedures to be followed by employees who remain to operate critical plant oper-
          ations before they evacuate.
        (Hi) Procedures to account for all employees after emergency  evacuation has been
          completed.
        (iv) Rescue and medical duties for those employees who are to perform them  	
        (v) The preferred means of reporting fires and other emergencies	
        (vf) Names or regular Job  titles of persons or departments who  can be contacted for
          further Information or explanation of duties under the plan.
    (3) Alarm system16	•	
    (4) Evacuation 	
    (5) Training	
1910,119   Process safety management of highly hazardous chemicals:
    (e)(3)(B) Investigation of previous incidents	
    (e){3)(l) Process hazard analysis requirements	
    (0X1 ;(f) Employee training in process/operating procedures	
    0)(4) Inspection/testing of process equipment	'...
    (j)(5) Equipment  repair	
    (I) Management of change(s)	
    (m) Incident Investigation 	.'.	'•	•
                                                                   lll.3.c.(1); Ill.S.d.

                                                                   II.2; ll.2.c; lll.3.b.(3); lll.S.o. '
                                                                   II.2; ll.2.c; ll.2.e; lll.S.o.

                                                                   ll.2.a; lll.3.b.(2); lll.3.b.(3); lll.S.o; III.4.

                                                                   lll.3.b.(3); III.S.c; lll.3.c.(7); lll.3.e.(1).
                                                                   ll.2.a; Ill.S.b.
ll.2.d; lll.3.b.(3); lll.3.c.(3);
lll.3.e.(5); III.S.

III.4; lll.4.b.
lll.3.e.(3).
III.S.
                                                                   III.5.
                                                                   III.4.3.
                                                                                           Ill.S.d; lll.3.d.(1).

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                     Federal Register  / Vol. 61,  No.  109 /  Wednesday, June  5, 19967 Notices
                                    28BB1
                         ATTACHMENT 3: REGULATORY CROSS-COMPARISON MATRICES—Continued
                                                                                                       ICP Citations)
    (n) Emergency planning and response
    (o)(1) Certification of compliance
1916.165   Employee alarm systems:
    (b) General requirements	:....".	
    (b)(1) Purpose of alarm system	.-	
    (b)(4) Preferred means of reporting emergencies  	
    (d) Maintenance and testing	:....
1910.272   Grain handling  facilities:
    (d) Development/implementation of emergency action plan
1.1; 11.1 ; II.2; ll.Zd; III.2; lll.2.a; lll.2.b.
IH.6.
III.2; lll.2.a.
III.2.
                                               OSHA HAZWOPER (29 CFR 1910.120)
1910.120(k)  Decontamination 	...:	:....
1910.120(1)  Emergency response program  ;	,	
    (1) Emergency response plan:                        ,
        (i) An emergency response plan shall be developed and implemented by all employers
          within the scope of this section to handle anticipated emergencies prior to the com-
          mencement of hazardous waste operations.
        (ii) Employers who will evacuate [their employees from the workplace when an emer-
          gency occurs,  and who do  not permit any of their employees to assist in handling
          the emergency, are exempt from the  requirements of this paragraph if they provide
          an emergency  action plan complying with section 1910.38(a) of this part.
    (2) Elements of an emergency response plan:
        (i) Pre-emergency planning and coordination with outside parties	•....	
        (ii) Personnel roles, lines of authority, and communication ......
       -(iii) Emergency recognition and prevention 	
        (iv) Safe distances and'places of refuge	
        (v) Site security and control	
        (vi) Evacuation routes and procedures	.'.	
        (vii) Decontamination procedures	
        (viii) Emergency medical treatment and response procedures
        (ix) Emergency alerting and response procedures	
        (x) Critique of response and follow-up .
        (xi) PPE and emergency equipment ....
    (3) Procedures for handling emergency incidents:
       , (i) Additional elements of emergency response plans:,
            (A) Site topography, layout, and prevailing weather conditions	...
            (B) Procedures for  reporting incidents to local,  state, and federal government
              agencies.
        (ii) The emergency response plan shall be a separate section of the Site Safety and
          Health  Plan.
        (iii) The emergency response plan shall be. compatible with the disaster, fire, and/or
          emergency response plans of local, state, and federal agencies.           > ,
        (iv) The emergency response plan shall be rehearsed regularly  as part of the overall
         ' training program for site operations.
        (v) The site emergency response  plan shall  be  reviewed periodically and, as nec-
          essary, be amended to keep it  current with new or changing site conditions or infor-
          mation.
        (vi) An employee alarm system shall be installed In accordance with 29 CFR  1910.165
          to notify employees of an emergency situation;  to stop work activities' if necessary;
          to lower background noise in order to speed communications; and to begin emer-
          gency procedures.                             •                   '
        (vii) Based upon  the information available.at time of the emergency, the  employer
          shall evaluate the incident and the site response capabilities  and  proceed with the
          appropriate steps to implement  the site emergency response plan.
1910.120(p)(8)  Emergency response program:
    (i) Emergency response plan.
  •  (ii) Elements of an emergency response plan:           •                    .
        (A) Pre-emergency planning and coordination with outside parties	:.„	

        (B) Personnel roles, lines of authority, and communication	:..:....	
        (C) Emergency recognition and prevention ..,	;	
        (D) Safe  distances and places of refuge	,	•..	
        (E) Site security and control	
        (F) Evacuation routes and procedures	.,.:	^	,	
        (G) Decontamination procedures	:	•.	
        (H) Emergency medical treatment and response procedures	.;.......
        (I) Emergency alerting and response procedures	v	,
1.1;
l.4.f;  ll.2.b;  ll.2.c;  lll.2.b;  III.Zc;
  Ill.S.d.
11.1; III.7.
                                   ll.3.b.(4);
II.2; ll.2.a; ll.2.f; 1 1. 4; III.2;  Ill.2.a; lll.2.b; lll.lc;
  Ill.S.d.
II.3; III.4; llU.a; III.6,
111.1.c.
ll.2.a; 111.2.
Ill.S.e.

III.5.
11.2.0- ll.2.d.


1.1




l.4.f; ll.Zb; I
11.1; III.7
IIL3.c.(6).
ll.Zd; lll.3.c.(7); lli.3.e.(1).
II.2; ll.2.a; ll.2.f; II.4; III.2; lll.2.a; Ill.Zb; III.Zc;
  Ill.S.d.

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28662
Federal Register  / Vol.  61, No.  109  / Wednesday, June 5,  1996 /  Notices
                         ATTACHMENT 3: REGULATORY CROSS-COMPARISON MATRICES—Continued
                                                                                                      ICP Citation(s)
        (J) Critique of response and follow-up .
        (K) PPE and emergency equipment ....
    (Ill) Training	
    (!v) Procedures for handling emergency incidents:
        (A) Additional elements of emergency response plans:
            (1) Site topography, layout, and prevailing weather conditions 	'.	
            (2)  Procedures for reporting incidents to local, state, and federal government
              agencies.
        (B) The emergency response plan shall be compatible and integrated with the disas-
          ter, fire and/or emergency response plans of local, state,  and federal agencies.
        (C) The emergency response plan shall be rehearsed regularly  as paitof the overall
          training program for site operations.
        (D) The site  emergency response plan shall  be reviewed periodically  and,  as  nec-
          essary, be amended to keep it current with new or changing site conditions or infor-
          mation.
        (E) An  employee alarm system shall  be installed  in accordance with  29  CFR
          1910.165.
        (F) Based upon the information  available at the time of the emergency,  the employer
          shall evaluate the incident and the site  response  capabilities and proceed  with the
          appropriate steps to implement the site emergency response plan
1910,120(q)  Emergency response to hazardous substance releases:
    (1) Emergency response plan	,	
    (2) Elements of an emergency response plan:
        (I) Pre-emergency planning and coordination with outside parties	

        (B) Personnel roles, lines of authority, training, and communication	
        (Hi) Emergency recognition and prevention  	
        (fv) Safe distances and  places of refuge	
        (V) Site security and control	„	
        (vl) Evacuation routes and procedures	.„.'.'..	
        (vS) Decontamination procedures	
        (vBi) Emergency medical treatment and response procedures	
        (k) Emergency alerting  and  response procedures	
        (x) Critique of response and follow-up .
        (xi) PPE and emergency equipment....
        (xi) Emergency response plan coordination and integration 	
    (3) Procedures for handling emergency response:                       ,
        (f) The senior emergency response official responding to an emergency shall become
          the Individual In charge of a site-specific Incident Command System (ICS).
        (I) The Individual in charge of the ICS shall identify, to the extent possible, all hazard-
          ous substances or conditions present and shall address as appropriate site analysis,
          use of engineering controls,  maximum exposure limits, hazardous substance  han-
          dling procedures, and use of any new technologies.
        (HQ Implementation of appropriate emergency operations and use of PPE 	

        (Iv)  Employees engaged in  emergency  response and exposed to hazardous  sub-
          stances presenting an  inhalation hazard or potential inhalation hazard shall wear
          positive pressure self-contained breathing apparatus while engaged in  emergency
          response.
        (v) The individual in charge of the ICS shall limit the number of emergency  response
          personnel at the emergency  site, in those areas of potential or actual exposure to
          Incident or site hazards, to those who are actively performing emergency operations.
        (vi)  Backup  personnel shall stand by with equipment ready to provide assistance or
          rescue.
        (vl) The individual In charge of the ICS shall designate a safety official, who is knowl-
          edgeable in the operations being implemented at the emergency response site.
        (vfli) When activities are judged by the safety official to be an IDLH condition and/or to
          Involve an imminent danger condition, the safety official shall have  authority to alter,
          suspend, or terminate those activities.
        (be)  After emergency operations have terminated, the individual  in charge of the ICS
          shaH Implement appropriate decontamination procedures.
                                                                   11.3; 111.4; IIIAa; 111.6.


                                                                   111.5.



                                                                   ll.2.a;'111.2.

                                                                   Ill.S.e.
                                                                   111.3.1.

                                                                   l.4.f;  ll.2
                                                                     lll.S.d.
                                                                   l.4.f; ll.2.
                                                                   11.1; III.7.
                                                                   11.2; ll.2.a; ll.2.f; 11.4;'111,2; lll.2.a; lll.2.b;  III.2.C;
                                                                     lll.S.d.
                                                                   11.3; 111.4; IIIAa; 111.6.
                                                                   Ill.S.e; III.8.

                                                                   ll.2.b;  III.3;  Ill.S.a; Ill.S.b; lll.3.b.(1);  lll.3.b.(2);
                                                                   ll.2.c;  ll.2.d; ll.2.e;  III.S.c; lil.3.c.(1);  (ll.3.d.(1);
                                                                       "
                                                                   III.S.c; lll.3.e.(5):


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                     Federal Register /  Vol. 61,  No. 109 /  Wednesday, June  5,  1996 /  Notices
                                  28663
                         ATTACHMENT 3:  REGULATORY CROSS-COMPARISON MATRICEST—Continued
                                                                                                     ICP Citation(s)
        (x) When deemed necessary for meeting the tasks at hand, approved self-contained
          compressed air breathing  apparatus  may  be  used with approved cylinders from
          other approved self-coritained compressed air breathing apparatus  provided that
          such cylinders are of the same capacity and pressure rating.     .
    (4) Skilled support personnel.
    (5) Specialist employees.'               :       -        ....
    (6) Training
    (7) Trainers.                                      '."''.
    (8) Refresher training.      .                 •  •
    (9) Medical surveillance and consultation.
    (10) Chemical protective clothing.
    (11) Post-emergency response operations.
II.5.
                                         EPA's Risk Management Program (40 CFR Part 68)
68.20-36 Offsite consequence analysis 	 „.'. 	 	 	 ; 	
68.42 Five-year accident history 	 : 	 -. . . . •. - . •
68.50 Hazard review 	 : 	 •. 	
68.60 Incident investigation 	 	 	 	 ,.....'. 	
68.67 Process hazards analysis 	 	 	 	 	
68.81 Incident investigation 	 : 	 	 	 	 	 : 	
68.95(a) Elements of an emergency response program:
(1 ) Elements of an emergenpy response plan: '
(ij Procedures for informing the public and emergency response agencies about acci-
dental releases.
(ii) Documentation of proper first-aid and emergency medical treatment necessary to
treat accidental human exposures.
(iii) Procedures and measures for emergency response after an accidental release of
a regulated substance., ,
(2) Procedures for the use of -emergency response equipment and for its inspection, test-
ing, and maintenance. >
(3) Training for all employees in relevant procedures 	 : 	 	 	 	 	
(4) Procedures to review and update the emergency response plan 	 	
68.95(b). Compliance with other federal contingency plan regulations.
68.95(c) Coordination with the community emergency response plan.
HI3d(1)
II! 4 b
111 3d (1)
lll.4.a
111 3d (1)
lll.4.a
ll.Za; III.2.
lll.3.c.(7); lll.3.e.(1).
11.1; II.2; II.3; II.4; lll.3.a-c.
lll.3.e.(6).
1II.5.
HI 6

  Notes to Attachment 3                                                              :.  '        -
  1 Facilities should be aware that most states have been authorized by EPA to implement RCRA contingency planning requirements in place of
the federal requirements listed. Thus, in many cases state requirements may not track this matrix. Facilities must coordinate with their respective
states to ensure an ICP complies with state RCRA requirements.                                                                .
  2 Facilities should be aware that most states have been authorized by EPA to implement RCRA contingency planning requirements in place of
the federal requirements listed. Thus, in many cases state requirements may not track this matrix. Facilities must coordinate with their respective
states to ensure an ICP,complies wjth state RCRA requirements.      •     .         .
  3 Facilities should be aware that most states have been authorized by EPA to implement RCRA contingency planning requirements in place of
the federal requirements listed. Thus, in many cases state requirements may not track this matrix. Facilities must coordinate with their respective
states to ensure an ICP complies with state RCRA requirements.
  4 Section 264.56 is incorporated by reference at §264.52(a).                            '                              •
  feIncorporates by reference §264.37.     .',....
  6Section 265.56 is incorporated by reference at §265.52(a),                                   •_   .
  7 Incorporates by reference §265.37.                           ,                                               ,           ,
  8 Section 279.52(b)(6) is incorporated by reference at § 279.52(b)(2)(i);
  9 Incorporates by reference § 279.52(a)(6).          .
  10 Non-response planning parts of this regulation (e.g., prevention provisionsj'requlre a specified format.
.  11 If a facility is required to develop a strong oil spill contingency plan under this section, the requirement can be met through the ICP.
  12The appendix further describes the'required elements in 120.20(h). It contains regulatory requirements as weir as recommendations.
  13 Specific plan requirements for sections listed under 154.1030(b) are contained in 154.1035(a)-(g).  •
  14 Note: Sections 154,1045.and 154.1047 contain requirements specific to facilities that handle,  store, or transport Group I-IV oils and Group V
oils, respectively.    .        "              -     ..  .        -
  15 Ibid.                          •    • '                -.,    •    .                                                      '
  16 Section 1910.38(a)(3)-incorporates 29 CFR 1910.165 by reference.          '                              .

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  28664            Federal Register / Vol. 61, No. 109  / Wednesday, June  5.  1996  /  Notices
    Dated: April 18. 199G.
  Elliott P, Laws,
  Assistant Administrator, Office of Solid Waste
  sad Emergency Response, U.S.
  Environmental Protection Agency.

    Dated: April 22,1996.
  Rear Admiral James C. Card,
  Chief, Marine Safety and Environmental
  Protection Directorate, U.S. Coast Guard.

    Dated: April 18,199G.
  Richard B. Feldcr,
  Associate Administrator for Pipeline Safety,
  Rescardt and Special Programs
  Administration, U.S. Department of
  Transportation.

    Dated: April 18,1996.
  John B. Moran,
  Director of Policy, Occupational Safety and
  Health Administration, Department of Labor.

    Dated: April 18, 10%.
  Thomas Gcrnhofer,
  Associate Director, Offshore Minerals
  Management, Minerals Management Service,
  Department of the Interior.

  (FRDoc. 96-13712 Filed 6-4-96; 8:45 am]
  WU.WG CODE 65SO-SW
xvEPA
     United States
     Environmental Protection Agency
     (5101)
     Washington, DC 20460

     Official Business
     Penalty for Private Use
     $300

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