% ^ O**T:ON*L FO^M NO* 10
* MAY !'."*: , l?iT,.-!N
GSA FPM.x Oil CF^J 101-'.!.C
UNITED STATES GOVERNMENT U. 5. OL7AAT, .A A JF TK~ IhTEnlGic
; / *" r j reGerai Jatcr Poi iution Oontroi
J.V—'\J ll 'Lfo s v'iAs i/l/1 $ i/ nG,,, i lil ii u! a u i (J!l
TO : SifZ OELO;'.' DATE: November 3, 1967
FROM : Chief, Enforcement Activities
Section, Division of Technical Services
SUBJECT: Report on Oil Pollution Control Activities
. iOSt or 'cne Region^.* responses oO ^.ne contingency oiuns c.nu otner
ii'ivolvr.munts in c/ater poiiutiori situations of a nonrecurring, but
of an emergency nature^ have bc-en gratifying to this office.
I . /-iii i*JuuuUlioU
cCi,sicerauie quantify o~. iue; 01 \ .n ;ier Kiur.r'.ers. IAS
Great Lakes Region vas successful in obtaining an ajreemont
I'rem die oivnor co iiavci cno 01 \ reinovc*-*.
V,'ake Island. The Southwest Region sent a man to the scene ~.:..a
\.or.'.ec in close ccooera'aion with "cri^ coast Guard ane \~i\i-\ uuriiij
iiarbor booming and cleanup procedures, headquarters '.:as i;eot
advised of each operational decision by continuous sit-reps.
3. Tne oil slick that appeared in Lake Aicnigbn in late Ssptembor
•,vas continuously surveyed by the Region. Oil samples were taKen
arid analyzed and a report v/as prepared. One recci.'iV.enoaticr,
stated tnat incsiana ridroor siiouiu oe permancnuiy Dcosnec.
4. Ar. aquatic biologist has been permanently assigned to Anchorage.
/-'Ac-ska, to i among other Invngs., patroi ano evaluate damages tnac
mighi: res,At from the onshore and offshore oil operations around
Cock Inlet, lie has oeen successful in naving court proceedings
brought against one polluter, getting a successful cleanup
operation from a pipeline spill> and has another set of charges
penuing against an oil discnarger.
5. A pipeline brcke ami spilled an estimated -1,200 gallons of fuel
oil into tne James River GO miles above Richmond. l;ater supplies
i or ^ne ^ i ^y Ci~ i\iC;iniOnG'- u po.p^r Cut..pa.iy, anu a pov/er ptcin«
'i,jere tnreatenec. i ne riiuiiic r\tiuntie .-(egioii i.'as success~ui in
prevailing upon the State to uisalloi; the use of cncmicals to
emulsify the oil. After checking the water plants to be sure
Buy U.S. Savings Bonds ^i^xlarly on the ~P ay roll Savings Plan
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'c i; a x, a p i e n t ITU! s u p p i y o v t a s L e a n a c u o r a;; s c r' j a n t i.. ? t e r i a i s
w^re In stock, !\egional personnel were on hand to consult wi en
the pipeline company cleanup crew in ciie installation of a
diversion L-cor.; and a hay filter hoem shove tne waecr incskes.
~mch region has participated in ''pollution accidents" i;", one fi/rm
^r enOuiiwr iii o.'iG 'jois^ Tive moniwib- ano. ^,ie exaiMOles
:1 C i o G ;1 u S S u 1 1 •
st to Cjivc you Qii iced of th& spGGtru'V, cnGSc;
r,aeio.ia i iy, tiiere is evicencG of.a'c wnsn an accicune occurs, "t.iere
iS c t o b e cooperation L^e^vjec'ii oiic re^erui dgunc;es iK^Viiig poi i^-^tOii
cr.a'c ';.',"a.s, a.i flee".Q£.''.")'c eoes occur,, ene .iiose prevaiGii'e \eeiing in 'cnc
~, s to 'i/ave anc see v/nac naooens. ..nien our ivegiona i sr.Qvvs
c./,c. L'.sua i ly TO i lov/eo. it is a-'e 'ems ooinc ';,nen our corveingency pi&r,s
prove ";!.&ir investment of time spent in pre-;/,anning. To those of you
who hc.ve r,oc yet formalized your pollution emergency centers, let mo
encourage you to give tin's activity a eoo priority.
The Oil deport has been forwarded to the President and should he
roieasG^. shortly. The Regions will be among the first to receive
C 0 p1 Go.
I „., inclosing a contingency plan scope that was prepared by one of
tne field orcjccts. Please feel free to comment on this documene.
Kenneth L. /iic
sees:
,-'-.; , : leg i ona! J i rectors
.•'.r. d. V. Fit^patricic
'. cc. h'usi ..'yer
''r. J. Silya
;,.-. D. helper
. ,1 . -> . Uoi ji .ovJi i
.'. r. u. u c r. n c> o n
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Introduction
In the development of regional contingency plans, there are certain vital
needs which must be met. Such a plan must provide an effective and coordi
nated response to any significant incident relating to a spill of oil or
other hazardous substance. It must also develop a program designed to pre
vent such disasters through surveillance, education, enforcement and other
means. A plan must take into account the present responsibility and cap-
ability of each agency and private interest that is involved. Finally, it
must take into account the conflict of regional or district boundaries of
the principal Federal agencies and the various jurisdictions of all levels
of government.
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Present Contingency Planning Practices
Except in certain geographical areas, there is little coordination between
agencies, both State and Federal, to combat and minimize effects from the
discharge of oil and other hazardous materials in a disaster of catastrophic
proportions. The Federal agencies with primary responsibilities for these
problems include the Army Corps of Engineers, U. S. Coast Guard, the Office
of Emergency Planning, and with the transfer of responsibility for the Oil
Pollution Act of 1924 to the Department of Interior, the Federal Water
Pollution Control Administration. The Corps of Engineers' authority,
in these matters, is vested in the Refuse Act of 1899. This responsibility
extends over all navigable waters and tributaries and can result in prosecu-
tion of those parties guilty of unauthorized discharges with the exception
of sewage. The Coast Guard has responsibilities which include: search and
rescue; regulations of hazardous cargoes, including oil and chemicals;
safety of ports, vessels and off-shore oil drilling operations and control
of vessel movements. The air and sea surveillance activities of the Coast
Guard, are at present, the best means of detecting an oil spill.
The Office of Emergency Planning, upon the declaration of a disaster by the
President, assumes overall responsibility for all operations designed to
combat and reduce the effects of a disaster. A notable example of the role
of O.E.P. in such an instance, is reflected in the recovery of a chlorine
barge in the Mississippi River in 1961.
The State agencies with primary responsibilities in the event of a major
spill of oil or other hazardous materials include the Water Pollution Control
Organization and/or the Health Department, the Fish and Game organization and
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the Civil Defens-. organization. These agencies operate under a frame-
work of State 1, 73 and their role is dependent upon jurisdiction and the
nature of the situation.
Within recent years, the number of spills of oil and other hazardous
substances has increased due to an increase in volume and intensity of
traffic conveying these materials. As a result, a number of operating
agreements have been developed, particularly where the problem has become
significant, to effect overall coordination between the responsible
agencies. One example of such an instance is the New York City Harbor.
The Army Corps of Engineers has created a Harbor Supervision Branch to
provide enforcement under the authority of Section 451, U. S. Code Title 33
as amended. This force consists of about 40 people and several patrol
boats. The Branch patrol activities are greatly augmented by Coast Guard's
normal air and sea surveillance activities. The Branch conducts investiga-
tions of all known instances of oil spills in the Harbor and collects
evidence for prosecution by the U. S. Attorney's Office. The coordination
effected between the Coast Guard primarily as an instrument of detection
and the Corps of Engineers as an enforcement agency is to be commended. It
is also true that the presence of such an enforcement activity has resulted
in increased awareness by the oil industry as to their responsibility in the
prevention of oil spills. One major oil company in this area presently
notifies the Harbor Supervision Branch of each oil spill that originates
from its facilities.
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Near the mouth of the Mississippi River in Louisiana an alert system is
j
in existence. The discovery of oil or toxic materials in the river is
reported to the Louisiana State Health Department of the Stream Control
Commission. These agencies alert all downstream water users by means
of the Louisiana Waterworks Warning Network. This system utilizes river-
boat operators, marina operators, Corps of Engineer personnel, and
other persons on the river to provide intelligence. f>
These and similar examples of present contingency planning that exist
do serve to illustrate several definite advantages. These are (1) the
provision for exchange of information on a regular basis by all agencies
concerned, (2) present utilization of the facilities normally operated
by an agency for a particular aspect of the problem, i.e., surveillance
by the Coast Guard, (3) the success of enforcement and education activi-
ties by regulatory agencies in producing greater awareness and coopera-
tion from those responsible for spills of oil and other hazardous materials
and (4) the development of proper procedures to present evidence in a
court of law. The major weaknesses of present contingency planning are
(1) lack of coordination on a national level—procedures vary in various
regions, (2) lack of coordination and communication by all responsible
agencies within a given region, (3) no provisions for alerting and mar-
shalling in the event of a major disaster, (4) little means if any for
containing and removing hazardous substances, (5) lack of rigorous pre-
ventative programs including enforcement and education, (6) lack of
readily available information concerning critical water uses and poten-
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tial hazards, (7) no coordinated operational means for directing disas-
ter activities, (8) insufficient surveillance and detection resources
and (9) lack of any public information facilities.
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Factors to be Considered
In a discussion of the factors to be considered in regional contingency plan-
«
ning, it is evident that the causes of spills of oil and other hazardous sub-
stances and their effects on water use, will vary considerably, depending
primarily upon where the incident occurs. In certain regional plans, facil-
ities, such as, major terminals or refineries, drilling operations, pipelines
and similar features analogous to that area will have to be recognized and *
dealt with. However, on a national basis, common procedures should be employed
by all agencies involved wherever possible. Such methods will insure a uni-
formity at all levels and avoid unnecessary confusion and misunderstanding.
In developing regional contingency plans, the factors indicated below should
be thoroughly developed.
1. Operation Control Center; Such a center must be capable of obtaining and
evaluating all information relative to a major spill of oil or other hazardous
substance and controlling all Federal on-scene operations. Selected regional
centers would be established at key locations in the country and would maintain
teletype communications with a National Control Center in Washington. Within
each region it is likely that sub-regional control centers will be required to
provide coverage at key locations where time and distance would preclude
effective control by the regional control center. The operation of the region-
al and sub-regional control centers would be the responsibility of the Regional
Director, FWPCA. Nominal members of the control center team would include
U. S. Coast Guard, FWPCA, Army Corps of Engineers and Office of Emergency Plan-
ning. The centers would be activated at the direction of the responsible agency,
who would assume operational control when a disaster had occurred or appeared
imminent. The regional center would maintain communication and submit periodic
and end of action reports to the National Control Center. The sub-regional
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control centers would report directly to the regional control center. The
conduct of practice alerts, training and communication tests would be the
function of the responsible agency.
2. Preventyiive Programs; This effort will require that regulatory agencies
obtain more effective knowledge and surveillance of oil drilling operations,
major terminals, manufacturing operations, storage facilities and transporta-
tion routes for oil and other hazardous substances and pipeline networks. It
is likely that restrictions will be imposed, relative to water, truck and
rail routes utilizes for the transport of such materials in order to avoid
collisions and alleviate or minimize the effects of spills where a critical
water use exists. In addition, an educational program designed to overcome
principal causes for spills should be developed on a national and regional
basis. These factors include negligence of personnel, malfunction and de-
terioration of equipment, faulty maintenance, improper cleaning operations
and inadequate waste treatment. Such a program must include investigative
.capabilities and should develop national regulations to provide a series of
progressive warnings and fines to offenders in order to be effective.
3. Inventory of Potential Hazards, Critical Water Use and Containment and
Removal Equipment;• In order to effectively combat significant spills and
to be aware of potential hazards, it is necessary to develop and maintain
& current inventory of all handling facilities for such hazardous materials.
The data should cover all means of transport, including shipping routes,
production, storage, transfer and in some instances, use of these substances.
In cases where detailed information, such as pipeline data concerning size,
location, material or materials transported and location of major control
valves and pumping facilities would be useful, it should be collected.
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Of equal significance, is a need to update current inventories within the
region, of critical water use. This data would include information re-
lating to watershed, intake, treatment and storage features of all municipal
water supplies; industrial and agricultural water uses; bathing beaches,
parks, marinas and other recreational facilities, wildlife areas; and com-
mercial fishing operations, including location of shellfish beds. Data
should also be developed concerning time of transit in streams and current
patterns in tidal waters.
Data must be provided which would include a current listing of all types of
equipment and substances which might be used in order to contain and remove
or otherwise treat spills of oil and other hazardous materials. It should
include local, state, Federal and private sources. In addition, the loca-
tion of the item and any restrictions regarding its use or availability
should be outlined.
k. Surveillance and Detection; This aspect of the problem will require a
coordinated effort by all means .available on a continuous basis. Full use
of all present facilities air, sea and ground must be made. Public informa-
tion programs should be developed to enlist the support of all citizens.
Telephone numbers would be supplied to the public where facilities are constant-
ly manned or where ap answering service could be provided. Arrangements
should be concluded with private and Federal facilities to provide immediate
notification should any spill occur. Care should be taken to provide uni-
formity of information and all facts possible in terms of what, where, when, why
and who in the first report.
5. Initial Investigation and Evaluation; Upon the receipt of the initial
report of a spill an evaluation will have to be made immediately with regard
to the urgency required and the best available means of conducting an investi-
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gat ion and further evaluation. These procedures may involve the dispatch of
a vessel or aircraft to the scene or possibly a single investigator will be
*
sent. Past experience indicates that the time factor in the initial stages
of a disaster of this type is critical. Therefore, investigative facilities
must be available on a 24-hour basis. The overall investigative force avail-
able should not only include the principal Federal agencies responsible, -but
A
state and local personnel as well. The investigators will have to be well •»
trained and equipped to obtain the facts, assess the present situation, render
a meaningful report and if necessary, collect samples. It is important that
reports be uniform in context with regard to all incidents.
6. Alerting Key Agencies; The alerting procedure will require that lists be
prepared and maintained in order to notify key personnel of a given situation.
Such lists would basically contain by agency the name, title, address, business
telephone number and emergency telephone number of such individuals. Care
should be taken to contact only those persons or agencies which are affected
or may be affected. It is likely that the alerting procedure would have to be
progressive, in that additional people would be notified as a situation becomes
more critical. It would appear logical that agencies should be responsible
for notifying other agencies with which day by day operations are conducted.
For example, the FWPCA should alert state and interstate water pollution control
agencies. It will be necessary in some instances to direct on-call duty
assignments for non-working hours for certain personnel, in order to insure
an adequate response at any time.
7. Communications; Provisions should be contained in contingency planning
for readily available and reliable communications. Teletype facilities
should be located in all control centers including the national center.
Existing radio communications of the Coast Guard, Department of the Defense
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and Civil Defense networks should be utilized as needed. Telephone numbers
of key personnel and radio frequencies of all agencies should be current
•
and readily available. Emergency radio frequencies should be known and
accessible.
8. Operational Jurisdiction; Federal operational jurisdiction will be
employed by the agency responsible for directing the control center. There
are problems which will arise when state and local jurisdiction may result
in conflict with Federal operations, or in international waters where no
Federal jurisdiction exists. In the first instance, it may be possible to
conclude working arrangements within a given area between all agencies con-
cerned. All such agreements should be referred to Headquarters for approval.
Any conflict or lack of jurisdiction should also be brought to the attention
of Headquarters.
9. Containment, Removal or Neutralization; Technical assistance, in terms
of recommending material to be used or procedures to be followed in general
or specific instances, will be -a function of FWPCA. The actual work will be
accomplished by the party involved in the incident; state, local or Federal
equipment and personnel or by contract with commercial facilities. It is
likely that due to the shortage of booms and dredges, that equipment pools
will have to be provided.
10. Legal Prosecution; Where Federal prosecution is contemplated, the case
should be prepared by FWPCA where the Oil Pollution Act of 1924 as amended,
is applicable and by the Corps of Engineers where the Refuse Act of 1899 is
indicated. In addition, there will likely be legal proceedings instituted
by state and local agencies. All investigative procedures should be designed
to produce evidence which is readily admissible in court. For example, a log
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or record of sample handling from the time of collection to the report of
analyses should be properly maintained to insure that such evidence will not
be barred because it cannot be proven that the results shown were actually
related to a specific incident. The FWPCA laboratory facilities should be
utilized for analyses of oil samples.
11. Public Information Planning; There are several aspects of public infor-
mation related to significant spills of oil or other hazardous substances
which should be carefully considered.
As a situation develops which can produce an adverse effect regarding public
health or welfare, there is a need to inform the general public of the basic
facts. Such action, particularly to those in the immediate vicinity, will
prevent unwarranted alarm and insure public cooperation.
News media representatives will be attracted to an incident .involving a major
spill of hazardous material due to widespread public interest. Care must be
taken to provide these representatives, maximum opportunity to obtain proper
coverage.
Another consideration is the need to prevent contradictory, overlapping or
uncoordinated information releases by representatives of the various agencies
and levels of governmental authority involved in an incident.
In order to resolve these problems, the agency responsible for operating the
control center will provide a public information office. This office shall
be responsible for all information releases, providing assistance and coordi-
nation to the news media personnel present and maintaining contact with the
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public information office in the national control center.
12. Periodic and End of Action Reports; It is vital that information relating
to regional activities, both of a routine and special nature be submitted to
Headquarters on a regular basis. Formats will be prepared for such reports
and a schedule of periodic reporting will be developed by Headquarters. In
this fashion, the status of readiness, the current activities and the major
problems in each region are readily discernible on a national level. End of
action reports will be obtained from each region following each significant
incident. Such reports would be comprehensive in nature and spell out clearly
the failures and successes of each operation so that the lessons learned, can
be applied to future situations.
There are other factors to consider in an overall sense in preparing a con-
tingency plan. It must be recognized that participation will vary from State
to State in terms of different resources, organization and jurisdictions.
All plans must be devised to assure sound engineering judgment in evaluating
a situation, providing a workable margin of safety in operations, and develop-
ing and conducting proper corrective action. However, such safeguards must
be designed to avoid any undue delay in conducting necessary operations.
In summary, the principal purpose of regional contingency planning, is to
develop a coordinated means, in terms of organization, resources and actions,
by responsible agencies for combatting and minimizing the effects of any
significant spill of oil or other hazardous substances within a particular
region.
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Mechanism of Control
The needs of regional contingency planning can be basically divided into
two elements. First, is the requirement to provide an organization cap-
able of undertaking immediate, coordinated and positive action to contain,
remove and minimize the effects of a significant spill of oil or other
hazardous substance* The regional control center with the resources pre-
viously outlined is equipped to alert, evaluate, conduct on-scene operations
and coordinate efforts with all agencies and the national control center.
Second, is the need for a separate and continuing organization to plan
and administer the daily on-going programs of surveillance, enforcement,
technical evaluation and education. These activities are, for the most
part, preventative, and involve many other state, local, Federal and
private interests. In addition, it is recognized that such programs should
be coordinated on a national level to prevent conflict between primary
.agencies and avoid duplication.
An organizational chart is shown in Figure 1 which depicts a typical
structure. It is .possible that the regional concept may vary somewhat
in order to compensate for factors identified with a particular area of the
country. The sub-groups would include state, local and other Federal
agencies as well as private interest. Members of the regional operating
group would serve on or chair the sub-groups and assure proper control and
guidance throughout the structure. In addition, the sub-groups would
provide through periodic reports, complete access to the entire operation
to the principal agencies concerned and in turn to their respective head-
quarters .
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An added advantage would be the fact that members of the operating committee
would either operate or be closely identified with the regional control center.
The knowledge gained and the close relationships established would provide
a tremendous asset in rendering evaluation and conducting operations.
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ALERT
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