United States         Office of Emergency and
Environmental Protection   Remedial Response
Agency            Emergency Response Division
                                    540B00016
                                    Environmental
                                    Response
                                    Team
Inland  Oil  Spills
Environmental  Response
Training Program

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                            ERT'S 40 HOUR
                       INLAND OIL SPILLS

                                (165.18)

                                5 DAYS
The objectives are:

       •     An overview of the Oil Pollution Act of 1990.

       •     Anticipated Revisions to the National Contingency Plan.

       •     Basic Technical Issues associated with Inland Oil Spills.

       •     Oil Spill Prevention.

       •     Clean-up and Treatment Technologies.

       •     Role of Public Agencies Responding to Inland Spills.

       •     Monitoring Requirements.

After  completing the course, students  will be  more knowledgeable about the
fundamentals of oil  spill response;  collection  of information concerning spill
conditions; interpretation and use of data; and response actions for inland oil spills.
            U.S. ENVIRONMENTAL PROTECTION AGENCY
                 Office of Emergency and Remedial Response
                      Environmental Response Team

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                                  FOREWORD
This manual is for reference use of students enrolled in scheduled training courses of the
U.S. Environmental Protection  Agency.  While it will  be useful  to  anyone who needs
information on the subjects covered, it will have its greatest value as an adjunct to classroom
presentations involving give and take  discussions among the students and the instructional
staff.

This manual  has been developed  with  a goal of providing  the best available  current
information, individual instructors may provide additional material to cover special aspects
of their presentations.

Due to the limited availability of the manual, it should not be cited in bibliographies or other
publications.

References  to products and manufacturers  are for  illustration only;  they  do not imply
endorsement by the U.S. Environmental Protection Agency.

Constructive suggestions for the improvement in the coverage, content and format of the
manual are welcome.

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                              TABLE OF CONTENTS

                                ERT'S 40 HOUR
                        INLAND OIL SPILLS (165.18)
SECTION

   1
   6

   7
                                                              PAGE

PART I         Introduction	  1
PART II        Glossary	17

PART I         Oil Pollution Act of 1990  	  1
PART II        Rules and Regulations
               (Federal Register)	99
PART III       Rules and Regulations
               40 CFR 112 Oil Pollution Prevention	   187

PART I         Documenting an Oil Spill  	  1
APPENDIX I    Oil Spill Documentation  	  9
PART II        Oil Cleanup  Contractors  	15
PART III       Oil Spill Cleanup Cooperatives	21

PART I         Properties of Oil that Affect Recovery	  1
PART II        Movement of Oil on Water   	11
PART III       Movement of Oil on Water   	17

PART I         Containment and Recovery of Oil on Land	  1
PART II        Containment and Recovery of Oil in Ice and Snow	17
PART III       Natural Resource Damage Assessment (NRDA)	25
PART IV       Shoreline Protection & Restoration	31
APPENDIX I    Shoreline Cleanup Techniques	43
APPENDIX II   Impacts Associated with Cleanup Techniques  	47

               Preventing Oil Spills  	  1

PART I         Response Organization  	  1
PART II        Reporting Requirements  	  7
APPENDIX I    Reporting Oil Spills	21
APPENDIX II   FWPCA/MARPOL Annex I Applicability  	29
APPENDIX III  Part I - Memorandum of Understanding	31
APPENDIX III  Part II - Memorandum of Understanding	33
APPENDIX III  Part III - Memorandum of Understanding	36

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SECTION

   8


   9

  10
  11
                                                                PAGE
PART I         Small Boat Handling  	  1
PART II        Training Program for the Response Team  	  7

               Containment of Oil on Water  	  1

PART I         Physical and Chemical Treatment of Oil  	  1
APPENDIX I    Foams for Control of Hazardous Chemical Vapors	  7
APPENDIX II   Dispersants  (wetting agents) as Fire Suppression and
               Prevention Agents	  9
APPENDIX III  National Contingent Plan Product Schedule	11
PART II        Debris Disposal  	25

PART I         Containment and Recovery of Oil on Groundwater	  1
PART II        Oil Spills in the Environment	21
APPENDIX I    Biological Impacts	47

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                                       SECTION  1

                                         PARTI

                                   INTRODUCTION
The Inland Oil Spill Training course was developed to provide the OSCs with a basic knowledge of
the effects of spilled oil on the environment;  strategies used for cleanup of spilled oil/ and  an
overview of the Oil Pollution Act of 1990.  In order to understand the magnitude of the oil spill
problem, some past spill statistics can be reviewed (see TABLE 1 and 2).  Spills can be categorized
by their frequency, location,  cause or by types of oil spilled.

In 1985 and  1986, 12,802 spills occurred, mostly  occurring inland.   The highest volume of oil
spilled at one time also occurred inland.

The most  commonly listed causes of these spills were equipment failure (i.e., pipeline/tank rupture
and leak) and human error (see TABLE 3).

Products spilled most often were crude oil and diesel oil.  Products that were spilled in large volume
at one time were crude oil, diesel oil, gasoline and kerosene (see TABLE 4).

These statistics indicate the need for  oil spill control training, both inland and  offshore.

Annual summaries of spill statistics can be obtained from the Office of the Commandant (G-MTH),
U.S.  Coast Guard, 2100 Second St. SW, Washington, DC.  20593 (202/426-0266).  As of July
1990, statistics from 1986 are the most current being published by the Federal Government.
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This part of the Inland Oil Spill Training course manual was reproduced by permission of The Occupational and Environmental Safety Training
Division of the Texas Engineering Extension Service, The Texas A & M University System.

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TABLE 1
U.S. SPILL INCIDENTS AND VOLUMES FOR 1985 AND 1986
General
Areas
Inland
Atlantic
Pacific
Gulf
Great Lakes
Other
TOTAL
# Incidents
1985
1343
1270
1189
1555
27
1609
6993
1986
620
1022
920
1206
158
1836
5762
% of Total Volume
1985
19.2
18.2
17.0
22.2
0.4
23.0
100.0
1986
10.8
17.7
16.0
20.9
2.7
31.9
100.0
% of Total
1985
63.2
10.8
3.2
8.2
0.0
14.6
100.0
1986
18.5
29.1
5.0
22.7
0.2
24.5
100.0
HAZARDOUS/OTHER SUBSTANCES
(pounds)
Inland
Atlantic
Pacific
Gulf
Great Lakes
Other
TOTAL
58
25
16
10
0
164
273
20
8
17
29
7
77
158
21.2
9.2
5.9
3.7
0.0
60.1
100.0
12.7
5.1
10.8
18.4
4.4
48.7
100.0
2.2
0.4
39.4
0.6
0.0
57.4
100.0
64.7
6.5
2.8
8.6
0.8
16.6
100.0
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TABLE 3
PRODUCTS SPILLED
U.S. OIL SPILL CAUSES
1985 AND 1986
Causes
Human error
Equipment failure/rupture
Intentional discharge
Natural chronic phenomena
Miscellaneous Unknown
RR/highway/air
TOTAL
Total Incidents
1985
1377
2792
210
92
2024
527
7022
1986
2081
1452
248
77
1620
302
5780
% of Total
1985
10.8
19.3
0.4
0.2
68.0
1.3
100.0
1986
93.9
6.6
1.6
0.0
2.0
0.9
100.0
5/92

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                  PAST EXPERIENCES  IN SPILL RECOVERY
One good way to learn is by doing something, making mistakes and correcting those mistakes.
Unfortunately, this type of learning can be expensive. A second method is to study the mistakes and
successes of others and learn from their experiences.  The purpose of this section is to take the
second course  of action by studying different types of spills and learning how the cleanup activities
were conducted.
       Tampico Maru Spill

       The tanker Tampico Maru, carrying 60,000 barrels of marine diesel oil, grounded on March
       29, 1957 at the entrance to a small cove on the Pacific Coast of Baja, California.  The wreck
       blocked three-fourths of the entrance to the cove, trapping most of the oil inside.  About one-
       third of the cargo was lost when the ship grounded, and the rest was lost over  a period of
       nine months as the ship broke apart.

       An initial survey conducted one month after the wreck revealed almost a 100% mortality rate
       in the intertidal zone of the cove and the adjacent shorelines for  one-half mile in either
       direction.  The area was taken over by seaweed three months after the spill and recovered
       steadily for a three to four year period, after which it was almost completely recovered.
       However, populations of some animals were reported to be considerably reduced seven to
       12 years after the spill (North et al., 1965; Mitchell et al., 1970).
       Torrey Canyon Spill

       The tanker Torrey Canyon grounded about 15 miles off Cornwall, England on March 18,
       1967.  Some 800,000 barrels of Kuwait crude were spilled, with about one-third lost through
       weathering before reaching land (Nelson-Smith,  1970).  About 200 miles of British and
       French coastline were contaminated.

       Mortalities from the oil were not only due to mechanical causes but  also to highly toxic
       detergents used to remove oil from intertidal surfaces.  Where detergents were not used,
       some plants and animals survived the spill. Seaweeds were less affected by the spill and
       cleaning  operations and covered the rocky shores within  two  to three months. Animal
       recovery began almost  immediately and was almost complete  after  two years.  Birds,
       however,  were seriously  affected.  Estimates of mortality ranged between 10,000 and
       100,000 birds, mostly auks (Ranwell, 1968).
       Santa Barbara Spill

       On January 29, 1969, an oil well in the Santa Barbara Channel, California, blew out and
       released an estimated 30,000 - 50,000 barrels of oil.  Most of the oil was released during the
       first ten days.  The oil weathered before reaching shore and the biological effects were


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       mostly mechanical, except for mortalities in the immediate vicinity of the well platform
       (Straughan, 1971). Studies following the spill indicate that some intertidal animals and plants
       were killed.  Birds were seriously affected.  Sea lion and elephant seal colonies apparently
       suffered no ill effects (Straughan, 1971).
       Tank Barge Florida

       On September  19,  1969, the tank barge Florida  grounded in Buzzards Bay near West
       Falmouth, Massachusetts and released about 2,400 barrels of No. 2 fuel oil.  Heavy seas and
       on-shore winds kept the oil near shore and worked it into the sediments.  The initial survey,
       three  days after the spill, found large  piles of dead fish and  invertebrates on the shore.
       Trawl samples taken  near shore indicated  that 95 percent of the animal  life was killed.
       Nearby marshes were contaminated,  killing marsh plants.   Some  oysters  and mussels
       inhabiting the fringe areas were temporarily tainted. It was reported that after a year and a
       half only  the  most  pollution-resistant  organisms had  resettled  in  the  more heavily
       contaminated areas. Less contaminated areas began to recover within a year (Blumer et at.,
       1971: Hampson and Sanders, 1969).
       Tanker Collision - Golden Gate Bridge

       On January 18, 1971 two tankers collided under the Golden Gate Bridge near San Francisco.
       About 20,000 barrels of Bunker C oil  was spilled,  fouling some 50 miles of coastline.
       Immediately after  the spill, dead shore crabs were  seen and  barnacles were completely
       covered with oil.  Up to eight million organisms, mostly barnacles, were smothered by the
       oil.  By July 1971, the mean number of organisms per  square meter had decreased to 21
       from an August 1969 mean of 56. Because there was extensive per-spill baseline data over
       several years,  the decrease could be attributed  to  the  oil.   However, the majority  of
       organisms showed new growth  and recruitment which continued through December.  The
       area began to recover as the oil was eroded  from the rock (Chan, 1972). By April 1974, less
       than five percent of the oil remained on rocky surfaces as wave action continued its erosive
       process.  The  population of mussels and snails increased 50 percent above the immediate
       post-spill population.   These large increases may be partly due to the  removal of older
       animals from the rocks, making more space available for the settlement of young animals.

       Populations of the  striped shore crab did not recover to pre-spill levels.  Many of the crabs
       were smothered by the oil, but  some of the decrease may  have been due to handling by
       seashore visitors.   Overall, no lingering effects of the oil could be detected by early  1974
       (Chan, 1974).
       Bay Marchand Spill

       The Shell Oil platform blowout at Bay Marchand, Louisiana was a major incident because
       of fire, platform damage and the number of personnel and equipment involved.  Since the
       wind in January was from the north, little oil reached the shoreline.   Also, the fire was
       allowed to burn until secondary wells could be drilled to plug the burning wells.
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      Lake Champlain Spill

      The Lake Champlain spill occurred on March 23, 1971 at a terminal on the frozen shore of
      Lake Champlain at Plattsburgh, New York. A pumper began transferring No. 6 fuel oil
      from a holding tank to a working tank at 10:30 a.m.  Because of the low temperatures and
      slow pumping, the transfer was allowed to proceed for the rest of the shift. At 10:30 p.m.
      the pumper remembered that the transfer pump was still on.  He returned to the terminal and
      discovered that approximately  1000 barrels of No. 6 fuel oil had been pumped over the top
      of the tank.  Oil had spilled down the side of the tank, over the ground, into a drainage
      ditch, then into a stream and into  Lake Champlain.

      The pumper and others from the terminal constructed temporary dikes around the tank and
      in the ditch and spread straw over the spilled oil.  Unfortunately, most of the oil reached the
      ice-covered lake where it melted down through five feet of ice.  The oil cooled and remained
      trapped under the ice but on top of the water.

      The next day the company constructed a temporary steam line down to the lake  and added
      a number of secondary lines at the end header.  Secondary lines were submerged under the
      ice and in the oil to make the oil easier to pump. Vacuum trucks were used to remove the
      oil  from the lake.  This proved to be a slow process because of the viscosity of the oil and
      the high suction lift.

      To prevent oil from spreading under the ice, an open water ditch was constructed around the
      spill by sawing and removing  blocks of ice. A wooden boom of 4' x 8' sheets of marine
      plywood was  nailed to  railroad ties.  The boom was lowered into the ditch.   During the
      night, the water froze and held the boom in place.   Test borings showed that oil did not
      migrate past the boom.

      Oil  was  removed from beneath the ice on  a 24-hour basis.  Straw was used in the drainage
      ditch and stream bed to  sorb the  oil.  Oiled straw was handled by pitchfork and placed in
      large boxes to be carried up the steep hills to dump trucks (one of the few instances where
      the use of straw would be recommended).

      Six days after the oil was spilled, the cleanup operation was  completed.  Although  about
      1000 barrels of oil were spilled from the tank, about 5000 barrels of oil and water were
      removed from the lake for separation. After the spill, the company constructed a system of
      dikes to  prevent other spills. Drainage from the diked areas was  directed to a new oil-water
      separator.
       Sch uylkill River Spill

       On June 21, 1972 the largest inland oil spill in history occurred due to flooding conditions
       from Hurricane Agnes.  Six to eight million gallons of oily  sludge was  released into the
       Schuylkill River from Douglassville, PA to Philadelphia, PA and eventually the Delaware
       River.  Forty miles of river was directly impacted.
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       Hundreds of Federal/State/Local  workers directly and  indirectly  aided in the cleanup
       operations.  The peak of the operations involved 500 contract personnel working with over
       60 pieces of major heavy equipment.  The result of the cleanup was an estimated 350,000
       gallons of oil recovered and  13,627 tons of oily material and debris disposed of.  By  the
       conclusion of the operations on September 30, 1972, the cleanup costs were approximately
       4.5 million dollars.
       Oakland Estuary Spill

       The Oakland Estuary Spill cleanup operation was well organized and coordinated through the
       Clean Bay Inc. cooperative headquarters near San Francisco.  The spill began just before
       midnight on January 18,  1973 from three storage tanks which held waste oil. About 4000
       barrels of waste oil were released  from the tanks into nearby storm drains and into the
       estuary.  The police suspected vandalism.

       The Coast Guard Captain of the Port acted as the on-scene coordinator for the spill.  The
       Coast Guard first called an oil cleanup contractor to begin work by sandbagging  the storm
       drain and deploying booms around the pier near the storm drain.  During the first day 195
       birds were rescued by Coast Guard  recruits and the State Department of Fish and Game.

       At some time during the first day, it was determined that considerably more oil was spilled
       than first estimated.  Thirty hours into the spill, the Coast Guard asked Clean Bay, Inc. to
       act as principal contractor. Within  minutes of the call, the contingency plan was activated
       and personnel were called to take assignments.

       Within two hours the. communications headquarters was moved to  the spill site and  cleanup
       supervisors began arriving at the scene. Clean Bay began by working two 12-hour shifts and
       called for additional staff and equipment as needed.

       The cleanup required 30,500  staff  hours, 31  major vessels, 95 tanks, 58 small boats, 3
       helicopters and about 20,000 feet of boom. Cleanup costs totaled  $1.2 million for the ll/i-
       day operation.  Although 320 oiled birds died from the  spill, about 140 oiled birds were
       saved.

       Details of this spill and the Lake Champlain spill are included in the copies of the  reports at
       the end of this section. Because the Oakland Estuary spill was well documented, it will be
       referred to throughout the course.
       Nepco 140 Spill

       The tank barge Nepco 140 grounded near the eastern end of Wellesley Island on June 23,
       1976, releasing approximately 300,000 gallons of No.  6 oil into the St.  Lawrence River.
       During the three days that followed, the oil slick extended over 80 miles downstream.  In all,
       over 300 miles of island and mainland shoreline were contaminated by oil.  Included in the
       contaminated shorelines were areas of recreational and ecologically unique value.  The total
       cost of the 16-week cleanup effort exceeded $8 million.
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      During the spill cleanup a number of techniques were tried to remove the heavy bunker oil
      from the water, shorelines and marshes. Although special skimmers were used in the initial
      spill stages, manual labor provided for most of the spill cleanup.  Cleaning of rocks and
      other solid objects was done by manually scraping or spraying from high pressure water or
      steam systems. One major problem of this spill was finding a location for all of the collected
      debris.
      Amoco Cadiz Spill

      On march 16, 1978 the tanker Amoco Cadiz went aground as a result of mechanical failures
      in the rudder hydraulics system.  The spill  that ensued dumped 220,000 metric tons of
      Iranian and Arabian  light  crude into the area near Portsall, France.  Due to rough sea
      conditions (6 to 8m waves)  that coincided with this incident, lightering operations were made
      impossible.  The occurrence of the spill within the equinoctial spring tides allowed waves to
      reach five meters higher than normal tides. The oil-water mixture, termed chocolate mousse,
      that heavily contaminated shores  east of the grounding provided a cleanup problem that lasted
      for months.  Cleanup techniques used covered a wide range of efforts.

      Nearly 10,000 persons worked on the cleanup project at its height.  Over 200,000 tons of
      oil and debris were recovered, although this yielded only 20,000 tons of oil after separation
      from water and  debris.  The remaining oil was either dispersed, evaporated or mixed into
      the sea bottom.

      Shoreline cleanup was intense. Loaders, bulldozers, graders, mechanical shovels, agriculture
      manure tanks, vacuum  trucks and skimmers were used on sandy beaches.  However, on
      pebble beaches and rocky coves, this mechanization could not be used effectively.  In these
      latter areas manual methods were used (shovels, rakes,  baskets, plastic bags).  Using high
      pressure jets of water proved ineffective  in some areas as oil was just pushed from rock to
      rock.  In some areas, dispersant  was mixed with  sprayed water (0.2 to 0.5% dispersant) and
      oil was removed from the rocks.
       Ixtoc I Blow-out

       On June 3,  1980 the Ixtoc I, a Petroleos Mexicanos (PEMEX) exploratory well, blew out at
       a site about 80 kilometers northwest of Ciudad del Carmen, Mexico and began spilling oil
       into the Bahia de Campeche.  By late July, the Ixtoc I had become the largest oil spill in
       world history, surpassing the 68 million gallons of oil lost by the tanker Amoco Cadiz.  The
       Ixtoc I spill may prove to be the most expensive oil spill  in history as well as the largest.
       By December 15, 1980 the Ixtoc I had lost more than 158 million gallons of crude oil. Total
       costs including cleanup costs, damage claims, lost oil revenues and equipment may  exceed
       $590 million.

       Although much  of the oil was kept offshore by the prevailing ocean currents, dispersion was
       aided by the spraying of over 1.5 million U.S. gallons of dispersant.  Oil that reached the
       shoreline was removed either naturally or by manual labor.
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       Alvenus Spill

       On July 30, 1984, the British tanker Alvenus ran aground in the Calcasiou Ship Channel
       while en route to the Conoco Refinery at Lake Charles, Louisiana. The vessel's hull cracked
       in the vicinity of the number 2 forward cargo tanks on port, centerline and starboard.  Over
       10,500 metric tons of heavy Venezuelan crude were spilled.

       The oil impacted 55 miles of coastline and finally moved onshore at Galveston Island, Texas.
       It accumulated the heaviest in the middle and western portions of the island.  About 80% of
       the Galveston seawall was oiled, as were about 90% of the beaches on the west end.

       Cleanup of the beaches was  accomplished by removal of oiled sand with heavy equipment.
       The  seawall cleanup used sorbents and hydroblasting  to remove oil from the rocks and
       seawall.

       Shipping channels were not impacted,  and almost  no oil reached areas inside the barrier
       beach,  limiting the biological impact of the spill.  The estimated cost of cleanup came to $20
       million.
       Puerto Rican Spill1'2

       On October 31, 1984 the tanker Puerto Rican fully laden with lube oil and lube oil additives,
       suffered  an  explosion 12 miles southwest  of  the  Golden  Gate  Bridge,  San  Francisco,
       California.  After an additional series of explosions, the vessel was abandoned and towed
       further offshore.  On November 3, 1984 during the towing operation, the vessel broke into
       two sections, with the stern section sinking and releasing approximately 30,000 bbls of lube
       oil.  Rough weather prevented response equipment from being dispatched and the decision
       to utilize dispersants was made by government  officials.  Approximately 2,000 gallons of
       Corexit 9527 were applied by plane, making this the first spill response application on the
       west coast of the U.S.

       Although minimal shoreline impact resulted  from this spill,  approximately 620  birds were
       oiled and contractor cleanup costs were estimated  at 1.5 million dollars.
       Exxon Valdez Spill3

       On March 24,1989 just after midnight, the U.S. registered tankship, Exxon Valdez, ran hard
       aground on Bligh Reef in Prince William Sound.  A catastrophic release of approximately
       240,000 barrels of Prudhoe Bay crude oil occurred, polluting one of North America's most
       pristine environments.  Dispersant use was presented to government agencies for approval
       and despite pre-planned application zone designation, dispersant use  was allowed on a trial
       basis only. Days one to three of the spill were blessed with very calm weather, however,
       very little recovery was  accomplished.  During the early morning  hours  of March 27, a
       strong  winter storm buffeted the area and the 240,000 barrel spill was transformed into a
       water/oil  emulsion,  resistant to  in-situ  burning and dispersal.   This transformation
       dramatically changed the nature of the spill response.
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      The cleanup that followed the spill is still ongoing and is expected to continue into 1991.
      Exxon Corporation accepted full responsibility for the cleanup and during the summer of
      1989 employed over 11,000 personnel in the cleanup efforts.  Extraordinary volumes of
      equipment and material were utilized from around the world, yet Exxon never shed the "bad
      guy" image.

      Cleanup management topics such as waste disposal, state government relations, public affairs,
      in-situ burning, dispersant usage and damage assessment were covered in detail rarely seen
      in a spill response, yet solutions were infrequently found. At the time of this manual update,
      approximately $2 billion (over $8000 per bbl spilt) had been expended by Exxon making this
      the most expensive cleanup effort in history.
       Brooklyn Underground Oil Spill4

       On September 2, 1978 oil was observed  in a creek by  USCG personnel.  Although it
       appeared to  come from a storm sewer outfall,  oil was found to be seeping out from a
       bulkhead.  Booms and vacuum trucks were deployed to recover the oil.

       Test boring in the area revealed oil underground. Sumps and a recovery well were installed
       near the sewer outfall.  Local investigations for the spill source at bulk oil and gasoline
       facilities were inconclusive.  As the amount of oil recovered increased, large scale testing
       was initiated.

       At least 191 test wells were drilled by the government and various oil companies, most by
       hollow-stem auger.   Most wells were four inches in diameter,  using PVC slotted pipe,
       capped at ground level to prevent vehicular damage.   On the average, three wells were
       damaged or destroyed each week.

       Data was collected to determine oil layer thickness and  shape.  The spill was estimated to
       cover 52 acres with about 17 million gallons of oily product.  Oil and groundwater varied
       from seven to over 40 feet below the land surface.  Since there were no active public water
       wells  in the area, pumping out water and oil was not a major problem.  Also, the product
       did not appear to threaten any populated areas, as  most  of the entire area was industrial or
       commercial property.

       Oil recovery at the initial recovery site averaged about 18,000 gallons for several months and
       slowly decreased to  about 2,000 gallons in May  1979.  Subsequent recovery wells were
       installed, particularly on oil company property to  collect oil.  Many systems installed
       included groundwater depression pumps to increase the oil recovery rate.

       The product appears to have originated from a former refinery.  The products may have been
       in the ground as  much as 30 years and may have included  leaded gasoline, kerosene, No. 2
       fuel oil, solvents and refinery fuel. Cleanup costs  were estimated at $4,000,000.
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       Long Island Tank Truck Spill5

       On June  12, 1981 a car went out of control  on the Long Island Expressway, hit a wall,
       crossed three lanes and collided with a tank truck. About 2,500 gallons of No. 6 fuel oil
       flowed onto the highway.  A local contractor and the New York Sanitation Department
       cooperated so that the 3000 gallons  left in the tank were off-loaded.  Oil on the road  was
       removed  from the highway by using  24-inch neoprene squeegees and vacuum trucks. Oil in
       catch basins was recovered using vacuum trucks.  Residual oil  on the highway was treated
       with  sawdust which was later removed. Two  lanes were reopened in about four hours, and
       the third  land was reopened within eight hours.
       St. Louis Bay Spill6'7

       A pipeline metering device ruptured on October 31, 1981 at Superior, Wisconsin.  About
       94,500 gallons of gasoline leaked into a creek, through a culvert and into a boat skip on St.
       Louis Bay.  Upon receiving a report of strong gasoline fumes from local citizens, the U.S.
       Coast Guard located a large slick and traced its origin back to the boat slip, the culvert and
       to the pipeline.  Upon checking the metering devices, the pipeline company reported that the
       oil had been flowing for about eight hours.

       Meanwhile,  the USCG deployed 75  meters  of boom at the boat slip.  The local fire
       department requested  nearby  industries and the railroad  to cease operations.  The police
       closed off a two-block area near the culvert. The electric utility turned off electricity to the
       slip area.  The oil company hired a local contractor to recover the product within the boom.
       Weir types skimmers were used to remove the product into tank trucks; the USCG used fire
       boat water jets to disperse the sheen on the bay.

       In the creek, an underflow dam was constructed near the pipeline to contain any leaching oil.
       A polyethylene-lined liquid containment pit was constructed next to the  transfer station to
       collect water during a recent flushing operation.   Collected water was filtered  through
       activated charcoal. A sub-contractor was  hired to  test groundwater by drilling two to three
       meter-deep monitoring wells.  Wells were checked by hydrocarbon sniffers  and by visual
       inspection.   No gasoline was found. About 25,000 gallons of gasoline were recovered.
       Tank Farm Spill8'9'10

       A ruptured fuel tank at Wilmington, North Carolina spilled about 2,000,000 gallons of diesel
       fuel on January 10 and 11,  1982.  Although the oil flowed into the diked containment area,
       a network of storm drains and sewer pipes running within the hilly terrain complicated spill
       cleanup.

       A contractor was hired to clean up the spill.  Heavy equipment was used to construct dams
       in two nearby  drainage ditches. Collected oil was pumped back to the diked enclosure and
       into tank trucks. Booms were placed in the river as a precautionary measure.
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       Heavy rains caused dams to fail.  Oil and water were pumped into railroad tank cars and
       taken to an oil/water containment tank.  A  few days later the containment tank cracked,
       respilling oil into a drainage ditch.  A dam was constructed in the ditch to contain the oil,
       and the oil and water were pumped back into tank cars. By January 26, 4 barges, 50 rail
       cars and 90 tank trucks of liquid had been recovered, or about 1,950,000 gallons.

       The remaining oil apparently seeped into the ground.  On January 19, oil was found at two
       sewer pump stations.  Sorbent booms and skimmers were deployed to collect oil in pools.
       Subsequent investigation of underground pipes and drains found contaminated lines.  Sewer
       lines were blocked to contain  the oil.   Monitoring  wells  were drilled to determine the
       direction of oil movement. Wells near the storage tanks failed to collect oil. There was no
       estimate of cleanup completion  by February 7.
       Ruffy Brook and Swamp Spill11

       On July 21,  1982 over 540,000 gallons of light crude oil flowed from a ruptured pipeline,
       down a hill and into a creek and adjacent swamp in Minnesota.  After a local farmer reported
       the spill, pipeline workers constructed a series of siphon dams and a sorbent filter fence in
       the creek.  About 160,000 gallons of oil were recovered from  the creek; a small amount
       escaped after a rainfall on July 23.

       An estimated 300,000 gallons of oil remained  in the grassy swamp.  Due  to  the thick
       vegetation, manual and mechanical cleanup were not attempted. Instead, the oil was burned.
       The burn thinned out the grass, leaving heavy unburned oil residue. The oil, ash and burned
       grass were removed by a local contractor.  Water samples were taken for hydrocarbons,
       heavy metals and pH changes. No  changes were noticed. No fish kills of wildlife deaths
       were reported.
       Sautali Marsh Spill12'13'14

       The Sautali Marsh spill occurred on September 2 and 3, 1982 at a refinery on the island of
       Guam. Apparently a metal pipeline elbow broke under stress, and about 30,000 gallons of
       oil flowed down a ridge and into a marsh.  Oil in the marsh drained through a culvert into
       the river and harbor.  Initially the spill was believed to have come from a navy vessel in the
       harbor.  The Navy deployed booms, a skimmer, vacuum trucks, sorbent booms and sorbent
       pads.  They estimated  recovering 10,000 gallons.  However, the boom skirt was not of
       sufficient depth to hold oil during tidal changes.  Furthermore, heavy rains helped flush oil
       out of the marsh.

       When later estimates  claimed 500,000 gallons of oil were spilled into the marsh,  the USCG
       Pacific Strike Team was called in November.  The culvert from the marsh was cleared and
       modified for draining oil into a collection point. Nine  smaller channels were constructed to
       aid oil drainage out of the marsh.  Due to all the liquid being pumped out of the marsh,
       water from adjacent  marshes was pumped into the oiled  marsh.  As of January, about
       185,000 gallons of liquid had been recovered, with about 200,000 gallons of oil remaining
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       in the marsh. The cleanup required several more months, with oil leaching out of the marsh
       throughout the next year.
       Ashland Oil Spill 15>16

       The Ashland oil spill on January, 1988 near Pittsburgh, Pennsylvania, was one of the largest
       inland releases of oil in U.S. history.  On that Saturday, January 2nd, at approximately 5:10
       p.m., 38,881,841 gallons of No. 2 diesel fuel were released from a collapsing oil storage
       tank at  the Ashland Oil Company terminal  in  Floreffe,  Pennsylvania.   Approximately
       750,000 gallons was estimated to have reached the Monongahela River.

       Most of the 750,000 gallons of oil that entered the river did so within the first two hours
       following the rupture of the tank. Approximately 250 near-by residents were evacuated that
       evening. Eight hundred, thirty four thousand people were affected by water-intake closures
       on the Monongahela and Ohio Rivers.  An estimated water fowl mortality range was from
       2,000 to 4,000 ducks, loons, cormorants, and Canada geese.

       Efforts to contain and recover oil at this enormous spill included more than 150 people, 11
       vacuum trucks, 3 cranes, 10 barges and towboats, dozens of small work boats,  and 20,000
       feet of river boom.  Three USCG and three private helicopters were used for air surveys and
       to transport personnel and equipment quickly over long distances.  Two of the barges were
       self-propelled suction barges. While underway the barge deploys boom to collect oil product,
       and simultaneously vacuums the product and stores it in the vessel's 5,000 gallon tank. This
       recovery method has been considered the best and most flexible alternative  to boom systems
       for river spills  of this nature. The cleanup operations continued and were monitored by EPA
       OSC until EPA's demobilization on  February 26,  1988.  Clean up efforts resulted in an
       estimated 204,600 gallons of recovered oil.
SUMMARY

The spills described represent many different situations, but some conclusions can be reached which
are common to all.  In each case,  it was  necessary to clean up the  spill in a manner that was
compatible  with the equipment and manpower  available at the  site.   Proven cleanup techniques
worked at each spill.  Innovation was necessary to match the unique circumstances of each  spill to
the cleanup effort.  Weather played  a significant part in some cases.  Each cleanup effort showed
the necessity of preplanning cleanup activities.
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LITERATURE CITED

 1.     Marine Casualty Investigation Report, USCG, 9/19/85.

 2.     Clean Bay's Response to the "Puerto Rican" Spill, October 1985.

 3.     NRT 30-day report to the President, May 1989.

 4.     Van der Leeden, F. 1980.  The Brooklyn Oil Spill.  In:   Proc. 1980 National Conference
       on Control of Hazardous Material Spill,  p. 245-249.  Vanderbilt University, Nashville, TN.

 5.     Oil Spill Intelligence Report.  Truck Spill Halts Traffic in New York.  IV(24):  1-2.

 6.     Oil Spill Intelligence Report.  1981. Pipeline Spills Gasoline in Wisconsin.  IV(43):  1-2.

 7.     Oil Spill Intelligence Report. 1981. Cleanup Nears Completion in Wisconsin. IV945): 1-2.

 8.     Oil Spill Intelligence Report. Ruptured Fuel Tank Leaks Two Million Gallons of Diesel Fuel
       in North Carolina. V(7):  2-3.

 9.     Oil Spill Intelligence Report.  1982. North Carolina Spill Cleanup Continues.  V(7): 2-3.

10.    Oil Spill Intelligence Report.  1982. Ruptured Minnesota Pipeline Spills 540,000 Gallons.
       V(30): 1.

11.    Oil Spill Intelligence  Report.  1982.  No Wildlife Damage  Report Following Minnesota
       Pipeline Spill.  V(31):  2.

12.    Oil Spill Intelligence Report.  1982. Ruptured Pipeline Spills Oil on Guam. V(36):  1.

13.    Oil Spill Intelligence Report.  1982.  Cleanup of Major Pipeline Spill  Continues in Guam.
       V(49): 1.

14.    Oil Spill Intelligence Report.  Guam  Pipeline Spill Estimated to Total 500,000 Gallons.
       VI(3): 1.

15.    1989 Oil Spill Conference.  Case Histories.  An EPA Perspective 3,881,841 Gallons No. 2
       Diesel Fuel (Spilled, Ruptured, Storage Tank).

16.    1989 Oil Spill Conference.  Case Histories.  Case History and Response Evaluation.
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                                      SECTION 1

                                        PART II

                                      GLOSSARY
ABSORPTION
ADSORPTION



AEROBIC

AEROSOL
AIR OR WATER
STREAMS
ALCOHOLS
ALGA
ALIPHATIC
COMPOUND
ALKANES
Any process by which one substance penetrates the interior of another
substance.  In the case of oil spill cleanup, this process applies to the
uptake of oil by capillaries within certain sorbent materials. (See also:
Capillary action.)

The process by which one substance is attracted to and adheres to the
surface of another substance without  actually penetrating its internal
structure.

Able to live or grow only where free oxygen is present.

A system in which liquid or solid particles are distributed in a finely
divided state through a gas, usually air. particles within aerosols are
usually less than 1  micron (0.001  mm) in diameter, and are more
uniformly distributed than in a spray.

A method of oil  containment where the force  of air or water directed
as a stream can be used to divert or contain an oil slick. The method
can be used to  flush oil from beneath docks or  to adjust floating booms
once they are in  place.

A class of organic chemical compounds characterized by the presence
of the hydroxyl  (OH: oxygen-hydrogen) group attached to a carbon
atom. Alcohols are important solvents, and are used to a certain extent
in the preparation of chemical dispersants.  (See also:  Glycols.)

Any of a large group of aquatic plants ranging from tiny one-celled to
large  multi-celled organisms.

Any organic compound  of hydrogen  and carbon characterized by  a
linear or branched chain  of carbon atoms.  Three subgroups of such
compounds are alkanes, alkenes, and alkynes.

A  class  of hydrocarbons  (compounds  of  hydrogen  and  carbon)
characterized by  branched or unbranched chains of carbon atoms with
attached  hydrogen atoms.   Alkanes   all have  the  general  formula
CnH2n+2, and  contain no carbon-carbon double bonds (i.e., they are
saturated).  Alkanes are also called paraffins and  are major constituents
of natural gas  and petroleum. Alkanes containing less than 5 carbon
atoms per molecule ("n"  in above formula  is  less than  5) are usually
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ALKENES
AMBIENT
ANAEROBIC
API GRAVITY
AROMATICS
gases at room temperature (e.g., methane), those having between 5 to
15 carbon atoms are usually liquids, and straight chain alkanes having
more than 15 carbons are solids.  Low carbon number alkanes produce
anaesthesia and narcosis stupor; slowed activity at low concentrations
and at high concentrations can cause cell damage and death in a variety
of organisms.  Higher carbon number alkanes are not generally toxic
but have been shown to interfere with normal metabolic processes and
communication in some species.  (For other common hydrocarbons, see
also:  Alkenes, Aromatics and Naphthalenes.)

A class of straight or branched  chain hydrocarbons similar to alkenes
but characterized by the presence  of carbon atoms  united by double
bonds. Alkenes are also called olefins and all have the general formula
CnH2n.  alkenes containing 2 to 4 carbon  atoms are gases at  room
temperature, while those containing 5 or more carbon atoms are usually
liquids. Alkenes are not found in crude oils but are often formed in
large quantities during the cracking (breaking down of large molecules)
of crude oils, and are common in many refined petroleum products such
as gasolines.  These hydrocarbons are generally more toxic than alkanes
but less toxic than aromatics.  (For other classes of hydrocarbons, see
also:  Alkanes, Aromatics and Naphthenes.)

Local or surrounding conditions; primarily used in reference to climatic
conditions at some point in time, e.g., ambient temperature.

A term used to describe a situation or an area characterized by the lack
of oxygen.  The term can also be used in reference to organisms such
as some bacteria which can survive and grow in the absence of gaseous
or dissolved oxygen.    For  example,  many  marine  sediments  are
anaerobic below  depth  of a  few centimeters  from the surface,  and
therefore  degradation  of oil deposited in such  areas  in  slow  and
primarily  associated with anaerobic types of micro-organisms.

A scale developed by the American Petroleum Institute to designate an
oil's specific gravity, or the ratio of the weights of equal volumes of oil
and  pure water.   API gravity is dependent on temperature  and
barometric pressure, and is therefore generally measured at 16°C and
one atmosphere pressure. Water with a specific gravity of 1.0 has an
API gravity of 10°. A light crude oil may have an API gravity of 40°.
Oils with low specific gravities have high API gravities and vice versa.
API gravity can be calculated from specific gravity using the following
formula.  (See also:  Specific gravity.)
API0 = (141.5/Specific Grav. @ 16°C)  - 131.5

A class of hydrocarbons characterized by  rings containing 6 carbon
atoms.   Benzene is the  simplest aromatic and most aromatics are
derived from this compound.  Aromatics are considered to be the most
immediately toxic hydrocarbons found  in oil, and are  present in
virtually all crude oils and petroleum products.  Many aromatics are
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ASPHALT
BACKSHORE
BARREL
BARRIER or
CONTAINMENT
BARRIER
BENTHOS

BERM
BIODEGRADATION
soluble  in water to some extent, thereby  increasing their danger to
aquatic organisms.  Certain aromatics are considered long-term poisons
and  often  produce  carcinogenic  effects.    (For other classes of
hydrocarbons, see also:  Alkanes, Alkenes and Naphthenes.)

A black or brown hydrocarbon material that ranges in consistency from
a heavy liquid to a solid.  The most common source of asphalt is the
residue  left after the fractional  distillation of crude oils.  Asphalt  is
primarily used for surfacing roads.

The area of the shoreline above  the high tide mark.  The backshore  is
only  inundated  with  water during exceptionally  strong  storms or
abnormally high tides accompanied by high winds, and therefore does
not support characteristic intertidal flora and fauna. Granular materials
for the replacement of oil contaminated beach material excavated during
shoreline cleanup programs are frequently taken from backshore areas.

A unit  of liquid (volumetric) measure  of petroleum  and petroleum
products, equal to 35 Imperial gallons or approximately 160 liters. This
measure is used extensively  by the petroleum industry.  The U.S.
standard barrel is 42 gallons.

With  respect to oil spill cleanup, any non-floating structure which  is
constructed to contain or divert spilled oil.   Barriers are generally
improvised and, unlike booms, are usually left in place until the cleanup
program is complete.  Sorbent  materials may be used  in the barrier
construction to simultaneously recover the spilled oil.  Barriers are most
frequently used  in streams or  ditches too shallow  for conventional
floating booms, and are almost  always staked downstream of the  spill
site.

The plants and animals that live in and on the bottom of a water body.

A low, impermanent,  nearly horizontal or landward-sloping beach,
shelf, ledge, or narrow terrace on the back-shore of a beach, formed of
material thrown up  and deposited  by storm  waves;  it is  generally
bounded on one side or the other by a beach ridge or beach scarp.
Some beaches have no berm,  others may have one or several.

The degradation of substances resulting from their use as food energy
sources by certain micro-organisms including bacteria, fungi and yeasts.
The process  with respect to  oil degradation is  extremely slow  and
limited to great extent by temperature, nutrients and oxygen availability.
Although more than 100 species of micro-organisms have the ability to
utilize hydrocarbons as an energy source, no single species can degrade
more  than 2 or 3 of the many compounds normally found in oil.
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BIOLOGICAL AGENT
BIOLOGICAL
PRODUCTIVITY
BIOREMEDIATION



BIOTA


BOG

BOILING POINT
BOOM or
CONTAINMENT BOOM
BOOM FAILURE
BOTTOMLAND

BRACKISH

BRINE CHANNELS
Micro-organisms (primarily bacteria) added to the water column or soil
to increase the rate of biodegradation  of spilled oil.   Alternatively,
nutrients added to the water (in the form of fertilization) to increase the
growth and biodegradation capacity of micro-organisms already present.

The rate at which the energy of the sun is transferred to and reflected
in growth  and/or abundance of plants and animals.  It is a measure of
the biological richness of a population,  community or ecosystem, and
is usually  expressed as the quantity of carbon stored in tissue per unit
time.   Certain environments are characterized by  higher biological
productivity  than others; for example,  marshes and  estuaries are
generally more productive than offshore marine waters. The biological
productivity of an area is an important consideration in contingency plan
design and priorities assigned for oil spill cleanup.

A treatment  technology  that uses biological activity  to reduce the
concentration  or  toxicity  of  contaminants:  materials  are added to
contaminated environments to accelerate natural biodegradation.

Animal and plant life characterizing a given region.  Flora and fauna,
collectively.

A wet soggy  area with little or no drainage.

The  temperature  at which a liquid begins to boil;  specifically, the
temperature  at which the vapor pressure of a liquid is equal to the
atmospheric  or external pressure.  The  boiling point of  crude oils and
petroleum products may vary from 30 to 550°C but is of little practical
significance in terms of oil spill cleanup.  (See also:  Flash point.)

A floating mechanical structure which extends  above and below the
water surface, and is designed to stop or divert the spread or movement
of an oil  slick.   Booms  are  an integral part  of virtually all  cleanup
programs  following oil spills  on water.

Failure of a  commercial  or  improvised boom to contain oil due to
excessive  winds,  waves or currents, or improper deployment.  Boom
failure may be manifested in oil underflow, oil splashover, or structural
breakage. (See also:  Sheet breakaway; Droplet breakaway.)

Low-lying ground that may be flooded from time to time.

Intermediate  in salinity between sea water and fresh water.

Small passages formed in the lower surface of first-year  sea ice formed
by the exclusion of saline  water or  salts  during rapid freezing.
Researchers have found that oil under first year ice will migrate through
the brine  channels once the spring melting process beings.  (See also:
First-year ice.)
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BUBBLE BARRIER
BULK CARRIER


BUNKER "B"


BUNKER "C"


BURNING AGENT
CARBON NUMBER
CATALYST
CHEMICAL
DISPERSION
^containment barrier which takes advantage of the 2-way currents
 produced when a rising curtain of bubbles reaches the water surface.
 The system has been used with some success in relatively calm harbors
 but requires considerable maintenance when the submerged perforated
 pipes which are used to produce the bubble  curtain become covered
 with redistributed bottom silt.

 An ocean-going vessel specifically designed to transport large quantities
 of a single product such as grain or coal.

 A relatively viscous fuel oil (No. 5 fuel) used primarily as a fuel for
 marine and industrial boilers.

 A very viscous fuel oil (No.  6 fuel) used as a fuel for the marine and
 industrial oilers.

 Compounds or materials such as gasoline which are  used to ignite and
 sustain combustion of spilled oil which  otherwise  will not  burn.
 Burning agents  are generally required to burn  weathered oils since
 volatile,  low flash point hydrocarbons  are  rapidly  lost through
 evaporation.

 The number of carbon atoms present in a single molecule of a given
 hydrocarbon.  The physical and chemical properties of hydrocarbons
 tend to vary with the number  of carbon atoms, and these properties are
 frequently described in terms of carbon number ranges for specific
 classes of hydrocarbons.  For example, alkanes with carbon numbers
 from 1 to 4 are gaseous at ordinary temperatures and pressures.

 A substance added to a reacting system (e.g., chemical reaction) which
 alters  the rate of the reaction without itself  being  consumed.   Most
 catalysts are used to increase the rate of a reaction.  For example, the
 metal vanadium is often present in trace amounts  in crude oils and acts
 as a catalyst  to accelerate the rate of chemical oxidation of certain
 hydrocarbons as the oil  weathers.   Catalysts (Silica, alumina, for
 example) are also used during the refining of petroleum to increase the
 rate at which large hydrocarbon molecules are split into smaller ones
 (catalytic cracking).

 With respect to oil spills, this term refers to the creation of oil-in-water
 emulsions by  the use of chemicals made for this purpose.  In regard to
 shoreline cleanup,  chemical  dispersion  is the  process  of spraying
 chemical dispersant to  remove stranded oil from rocky shoreline areas
 which are not considered biologically sensitive. Dispersants are usually
 sprayed on the contaminated surfaces at  low  tide and allowed to mix
 with the oil through natural wave action on the  incoming tide.   This
 forms an oil-in-water emulsion which is subsequently flushed from the
 shoreline with water hoses or through natural wave  action.
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"CHOCOLATE
MOUSSE"
CLAM SHELL
CLAY
COAGULATING
AGENT

COBBLE BEACH
COMETRABOLISM
CONTACT PERIOD
CONTAINMENT
CONTINGENCY PLAN
 COUNTERMEASURE

 CRITICAL VELOCITY
The name given to a water-in-oil emulsion containing 50-80% water.
These emulsions are very stable, have a butter-like consistency, and are
only formed with a relatively viscous oil in the presence of considerable
wave action.  (See also:  Emulsification; Water-in-oil emulsion.)

A mechanical device mounted at the end of a crane which picks up soil
or mud with a pincer-like movement.

Soil or sediment particles which are less than 0.004 mm (4 microns) in
maximum dimensions.  Most clays  are produced as a result of the
weathering of coarser rock materials. Clay particles are smaller than
either sand or silt.

Chemical additives applied to oil to form a more cohesive mass.
A beach composed primarily of gravel having a size range from 64 to
256 mm. This type of beach is also referred to as a shingle beach. By
comparison, boulder substrates are greater than 256 mm, while pebble
substrates range in size from 4 to 64 mm.

The process by which compounds in petroleum may be enzymatically
attached by micro-organisms without furnishing carbon for cell growth
and division.

The time required to maximize the efficiency of the sorbent or chemical
agent or the time before plant or  animal damage occurs.

The process of preventing the spread of oil beyond the area where it has
been spilled in order to minimize pollution and facilitate recovery.

A plan for action prepared in anticipation of an oil spill. A contingency
plan usually consists of guidelines developed for a specific industrial
facility or an entire region to increase the effectiveness, efficiency and
speed  of cleanup  operations in the  event  of  an  oil  spill,  and
simultaneously  protect  areas  of biological,  social  and  economic
importance.

An action taken to prevent or control pollution by oil spills.

The lowest water current velocity which will cause loss of oil under the
skirt of a containment boom.  Critical velocity varies  with specific
gravity, viscosity and thickness of the oil slick contained by the  boom,
as well as the depth of the skirt and position of the boom with respect
to the current direction.  Critical velocity for most oils in situations
where the boom  is at right angles to the current is about 0.5 m/sec (1
knot).  (See also:  Boom failure.)
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DETRITUS
DISPERSANT
DISPERSANT or
CHEMICAL
DISPERSANT
DISPERSION
DISTILLATE
DISSOLUTION
DRAG LINE
DROPLET
BREAKAWAY
ECOSYSTEM

EMULSIFICATION
Loose material that results from rock disintegration or abrasion.  Also,
suspended  material in  the  water column including fragments  of
decomposing flora and fauna, and fecal pellets produced by zooplankton
and associated bacterial communities.  (See also:  Fecal pellets.)

Solvents  and agents for reducing surface tension used to remove oil
slicks from the water surface.

Chemicals which reduce the surface tension between oil and water, and
thereby facilitate the breakup and dispersal of the slick throughout the
water column in the form  of  an  oil-in-water emulsion.    Chemical
dispersant can only be used in areas where adverse biological damage
will not occur, and then only when approved  for use by government
regulatory agencies.

The distribution of spilled oil into the upper layers of the water column
by natural wave  action or application  of  chemical  dispersant.   In
shoreline cleanup and  restoration, the removal of stranded oil through
wave action (natural dispersion), or application of chemical dispersants,
or use of one of various hydraulic dispersion techniques.

A refined hydrocarbon which is obtained by collection and condensation
of a known vapor fraction of the crude oil.

The act or process of dissolving one substance in another.  Specifically,
a process contributing to the weathering of spilled oil whereby certain
"slightly" soluble hydrocarbons and various mineral salts present in oil
are dissolved in the surrounding water.

A mechanical device that excavates or transports soil, using a container
pulled over earth by cables  or chains.

A type of boom failure  resulting from excessive current velocity.  In
this type of boom failure, the head wave formed upstream of the oil
mass contained within a boom becomes  unstable and oil droplets are
torn  off  and become entrained in the water flow  beneath the boom.
(See also:  Critical velocity; Head wave; Sheet breakaway.)

The interaction of plants, animals, and their environment.

The process whereby one liquid is dispersed into another  liquid in the
form of small droplets.  In the case of oil, the emulsion can be  either
oil-in-water or water-in-oil.  Both  types of emulsions are formed as a
result of wave action,  although water-in-oil emulsions are more stable
and create special cleanup problems.  (See also: Oil-in-water emulsion;
Water-in-oil emulsion.)
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ENVIRONMENTAL
SENSITIVITY
EROSION
ESTUARY
EUTROPHICATION
EVAPORATION
FAUNA



FERTILIZER

FLASH POINT



FLORA



FLUSHING


FOULING


FRACTION
The susceptibility of a local environment or area to any disturbance
which might decrease its stability or result in either short or long-term
adverse impacts. Environmental sensitivity generally includes physical,
biological and socio-economic parameters.

The process by which the earth's surface is worn away by water, wind,
or waves.

A partly  enclosed coastal body of water in which freshwater  (usually
originating from a river) is mixed and diluted by seawater. Estuaries
are generally considered  more  biologically productive than either
adjacent marine or freshwater environments, and are important areas in
the life cycles of many fish and wildlife resources.

The filling in of a lake basin by the ceposition of organic and inorganic
sediment that eventually results in the lake becoming a swamp or bog,
and ultimately a meadow.

The process whereby any substance is converted from a liquid state to
become part of the surrounding atmosphere in the form of a vapor.  In
the case  of oil, the  rate of  evaporation depends on the volatility of
various  hydrocarbon  constituents,   temperature,   wind  and  water
turbulence, and the spreading rate of the slick. Evaporation is the most
important process in the weathering of most oils.  Evaporation reduces
the volume of oil, its flammability and its toxicity, but increases the
viscosity and density of the residue.

Animals  in general, or animal life  as distinguished from plant life
(flora). Usually used in reference to all the animal life characteristic of
or inhabiting a particular region or locality.

A substance or agent that helps promote plant or seed growth.

The temperature at which vapors produced by a crude oil or petroleum
product will ignite when exposed to an ignition source such as an open
flame. (See  also:  Boiling point.)

Plants in general, or plant life as distinguished from fauna (animal life).
Usually used in reference to all the plant life inhabiting or characteristic
of a particular region or locality.

Use of a water  stream to  make oil flow to  a desired  location or
recovery device.

Accumulation of oil or other materials, such as debris, that  makes a
device inoperative.

One of  the portions  of chemical mixture  separated by chemical or
physical means from the remainder.
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FRACTIONAL
DISTILLATION
FREEBOARD
FREE OIL

FUEL OILS
GASOLINES
GELLING AGENTS
GLYCOLS
GROUNDFISH
GROUNDWATER
HABITAT
Separation of a mixture of liquids such as crude oil into components
having different boiling points.  Fractional distillation is the primary
process in the refining of crude oils.

The part  of a floating boom designed to prevent waves from washing
oil over the top. Freeboard is also used to describe the distance from
the water surface to the top of the boom.  Freeboard is generally also
applied to the distance from the deck of a vessel (ship, barge, etc.) to
the water line.

See mobile oil.

Refined petroleum products having specific gravities in the range from
0.85 to 0.98 and flash points greater than 55°C. This group of products
includes furnace, auto diesel, and stove fuels (No. 2 fuel oils); plant or
industrial heating fuels (No. 4 fuel oils); and various bunker fuels (No.
5 and No. 6 fuel oils).

A mixture of volatile, flammable liquid hydrocarbons used primarily for
internal combustion engines,  and characterized by  a flash point  of
approximately -40°C and a specific gravity from 0.65 to 0.75.

Chemicals which increase the viscosity of oil, and, in theory,  can  be
applied to an oil slick to reduce its rate of spread over  the water
surface.  However, gelling agents are rarely used due to their expense,
the large volume requirements and slow action.

Any of a class of organic compounds belonging to the alcohol family
but having two  hydroxyl groups (OH: oxygen-hydrogen) attached to
different  carbon atoms.  The simplest glycol is  ethylene glycol, a
compound used extensively for automobile antifreeze and contained in
many  modern chemical dispersant.

Fish  species normally  found close to the sea bottom throughout the
adult phase of their life cycle. Groundfish feed extensively on  bottom
fauna.

Water present below the soil surface and occupying  voids in the  porous
subsoil; specifically, the porous layer which is completely saturated
with water. The upper  surface of the groundwater is referred to as the
water table. Contamination of groundwater supplies is a major concern
when  oil is  spilled  on  land  since groundwater supplies  springs and
wells, and passes into surface water supplies in many areas.

The chemical,  physical, and biological  setting in  which a plant  or
animal lives.
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HEAD WAVE
HERDING AGENT
HYDRAULIC
DISPERSION
HYDROCARBON
HYDROCARBONS
HYDROPHOBIC
AGENT
INORGANIC
INTERTIDAL ZONE
An area of oil concentration which occurs behind and at some distance
from containment booms.  This area of oil thickening is important to
the positioning of mechanical recovery devices (i.e., skimmers), and is
the region where the droplet breakaway boom failure phenomenon is
initiated when  current flow  exceeds  critical velocity.   (See also:
Droplet breakaway.)

Chemical agent which confines or controls the spread of a floating oil
film.

One  of various shorelines cleanup techniques which utilizes  a water
stream at either low or high pressure to remove stranded oil.  These
techniques are most suited  to removal of oil from coarse sediments,
rocks and man-made structures, although care must be taken to avoid
damage to intertidal flora and fauna.

One  of a  very large and  diverse group  of chemical  compounds
composed  only of  carbon and  hydrogen; the  largest source  of
hydrocarbons is petroleum crude oil.

Organic chemical compounds composed only of the elements carbon
and hydrogen. Hydrocarbons are the principal constituents of crude oil,
natural  gas and refined petroleum products, and  include four major
classes  of compounds (alkanes, alkenes, naphthenes, and aromatics)
each having characteristic  structural  arrangements of hydrogen  and
carbon atoms, as well as  different physical and chemical properties.

A chemical or material which has the ability to resist wetting by water.
Hydrophobic agents are occasionally used in the treatment of synthetic
sorbents to decrease the amount of water absorbed and hence  increase
the volume of  oil  they can absorb before  becoming saturated.  (See
also:  Synthetic organic sorbents.)

Pertaining  to,  or  composed of,  chemical compounds that  are not
organic, that is, contain no carbon-hydrogen bonds. Examples include
chemicals with no carbon and those with carbon in non-hydrogen-linked
forms.

The  portion of the shoreline between the low tide mark and high tide
mark which is covered by water at some time during daily tidal cycles.
The  size of the intertidal  zone varies with the tidal characteristics of a
given region,  as well as the steepness of the shoreline.   In  general,
steep,  rocky shorelines have smaller  intertidal  zones than gradually
sloping sand or gravel beaches.  Since all portions of the intertidal zone
are without water cover at some time during each day, flora and fauna
capable of withstanding  desiccation are found throughout this zone.
Depending on the tidal level when oil reaches the shoreline, all  or a
portion of the  intertidal  zone can  be  affected by  the incoming slick.
The most suitable  cleanup  methods are  dictated by  the  physical
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                 26

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JET FUEL
KEROSENE
LAGOON



LANDFILL

LIGHT ENDS
LUBRICATING OILS
MARSH

MARSH FRINGE

MEANDER
characteristics of the intertidal zone, as well as the sensitivity of the
affected shoreline.  In some instances, the intertidal zone is left to
cleanse itself naturally.

A kerosene or kerosene-based fuel used to power jet aircraft combustion
engine. (See also:  Kerosene.)

A flammable oil  characterized by a relatively low viscosity,  specific
gravity of approximately 0.8 and flash point near 55°C. Kerosene lies
between the gasolines and fuel oil in terms of major physical properties,
and is separated from these products during the fractional distillation of
crude oils. Uses for kerosene include fuels for wick lamps, domestic
heaters and furnaces; fuel or fuel components for jet aircraft engines;
and thinner in paints and insecticide emulsions.

A shallow sound, pond, or lake generally near but separated  from or
communicating with the open sea. A shallow freshwater pond, or lake
generally near or communicating with a larger body of freshwater.

A dump that has progressive layers of waste matter and earth.

A  term  used  to  describe the  low  molecular  weight,  volatile
hydrocarbons in crude oil  and petroleum products.  The light ends are
the first  compounds recovered from crude oil during the fractional
distillation process, and are  also the first fractions of spilled oil to be
lost through evaporation.

Oils used to  reduce friction and wear between solid  surfaces such as
moving machine parts and  internal combustion engine components.
Petroleum-based lubricating  oils (and greases) are refined from crude
oil through  a  variety of processes  including  vacuum  distillation,
extraction, of specific products with  solvents  (solvent extraction),
removal of waxes with solvents, and treatment with hydrogen in the
presence of a catalyst.  Most lubricating oils and greases derived from
crude oil contain a large proportion of high carbon number alkanes and
naphthalenes  which  provide  the   most  favorable   lubricating
characteristics. The viscosity of a lubricating oil is its most important
characteristic since it determines the  amount of friction that will be
encountered between sliding surfaces and whether a thick enough film
can be built up to avoid wear from solid-to-solid contact.

Low, wet land covered by grassy vegetation.

The outermost edge of shoreline vegetation.

The curve of a river.
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METABOLISM
METABOLITE

METRIC TON
(TONNE)
MICRO-ORGANISM
MICRO-ORGANISMS
MIGRATION

MINERAL SPIRITS
MINERALIZATION



MOBILE OIL

MOBILIZATION


MOLECULAR WEIGHT


MOUSSE
The  physical  and  chemical  processes  by  which  foodstuffs are
synthesized into complex elements, complex substances are transformed
into simple ones, and energy is made available for use by an organism;
thus  all biochemical reactions  of a cell or tissue,  both  synthetic and
degradative, are include.

A product of metabolism.

A unit of mass and weight equal to 1,000 kilograms or  2,205 pounds
avoirdupois.  In Canada, the  metric ton is the  most widely used
measure of oil quantity by weight. There are roughly 7 to 9 barrels
(245 to 315 Imperial gallons) of oil per metric ton, depending on the
specific gravity of the crude oil or petroleum product.

Microscopic organisms including bacteria, yeasts, filamentous fungi,
algae, and protozoa.

Plant or animal life of microscopic or ultramicroscopic  size (i.e., not
visible to  the human eye without the aid of a microscope).  Micro-
organisms are found in the air, water and soil, and generally include the
bacteria, yeasts and fungi.  Some micro-organisms are capable  of
metabolizing hydrocarbons and play a role in the natural degradation of
spilled oil.

The  rhythmic seasonal movement of certain birds and other animals.

Flammable petroleum  distillates that boil at temperatures lower than
kerosene,  and are used as solvents and thinners, especially in paints and
varnishes.  Mineral spirits are the common term for some naphthas.
Mineral spirits were used extensively in chemical dispersants made
before 1970 but are not used in modern dispersants due to their toxicity.
(See also:  Naphtha.)

The  biological process of complete breakdown of organic compounds,
whereby organic materials are converted to inorganic products (e.g., the
conversion of hydrocarbons to carbon dioxide and water.)

Oil which can refloat when water is applied (as in high  tide).

Movement of oil caused by physical forces such as gravity, tides,  or
wind.  Mobility of oil is limited by its viscosity.

The  total mass of any group of atoms which are bound together to act
as a single unit or molecule.
A type of oil/water emulsion.
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NAPHTHA
NAPHTHENES
NON-PERSISTENT

OIL-IN-WATER
EMULSION
OIL/WATER
SEPARATOR

OLEOPHILIC

OLEOPHILIC AGENT



ORGANIC
OXIDATION or
ATMOSPHERIC
OXIDATION
Any of various volatile and  often  flammable liquid  hydrocarbon
mixtures used chiefly as solvents and diluents. Naphtha consists mainly
of hydrocarbons which have a higher boiling point than gasolines and
lower boiling point than kerosene. Naphtha was a principal component
of chemical dispersants used prior to 1970.

A class of hydrocarbons with similar physical and chemical properties
to alkanes but characterized by the presence of simple closed rings.
Like alkanes,  naphthenes  are  also saturated  (i.e., they contain no
carbon-carbon double  bonds), and have the general formula, CnH2n.
Naphthenes  are  found in both  crude oils and refined petroleum
products.  This  class of hydrocarbons are insoluble in water, and
generally boil at 10-20°C higher than the corresponding carbon number
alkanes.   (For other  classes  of  hydrocarbons,  see also:  Alkanes,
Alkenes, Aromatics.)

Decomposed rapidly by environmental action.

An emulsion of oil droplets dispersed in surrounding water, formed as
a  result of wave action or by a chemical dispersant.   Oil-in-water
emulsions show a tendency to coalesce and reform an oil slick when the
water becomes calm, although the presence of surface active agents in
the oil or artificially added in the form of chemical dispersants increases
the persistence of this type of emulsion.   Natural dispersion of large
quantities of oil can follow the formation of oil-in-water emulsions, and
weathering processes such as dissolution, oxidation and biodegradation
may be accelerated due to the large  increase in the surface area of the
oil relative to its volume.  (See also:  Emulsification; Water-in-oil
emulsion.)

A device for separating oil from water.
A material that has affinity for oil.

A material  or chemical which was the tendency  to  attract  oil.
Chemicals of this type may be used to treat sorbent materials in order
to increase their oil recovery capacity.

Chemical compounds based on carbon that also contain hydrogen, with
or without oxygen, nitrogen, and other elements.

The  chemical combination of compounds such as hydrocarbons with
oxygen. Oxidation is a process which contributes to the weathering of
oil.  However, in comparison to  other weathering processes, oxidation
is slow since the reaction occurs primarily at the surface, and only a
limited amount of oxygen is capable of penetrating the slick or surface
oil.
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PARAFFIN
PEAT

PEBBLE BEACH
PENETRATION

PHOTOSYNTHESIS


POLYETHYLENE
POLYURETHANE
POOLED OIL

POROSITY
 POUR POINT
A waxy substance obtained from the distillation of crude oils. Paraffin
is a complex mixture of higher carbon number alkanes that is resistant
to water and  water vapor and  is chemically inert.   The term  is
sometimes used to refer to alkanes as a class of compounds.

Partially decomposed plant material common to wet areas.

A beach substrate composed primarily of gravel having a  size range
from 4 to 64 mm. Pebble substrates are finer than cobble and coarser
than sand, and can  allow stranded oil to penetrate  to a considerable
depth.

Downward extent of oil (into the sediments) for each distribution.

The process by which plants convert water and carbon dioxide into
carbohydrates.

A polymer  (substance composed of very large molecules that are
multiples of simpler chemical units) of the alkene, ethylene, which takes
the form  of  a  lightweight thermoplastic.   Polyethylene has  high
resistance to chemicals,  low water absorption  and good insulating
properties,  and  can be  manufactured  in  a  number   of  forms.
Polyethylene also as high oleophilic properties and has been used with
considerable success as a sorbent for oil spill cleanup.

Any of a class of synthetic resinous, fibrous or elastomeric compounds
belonging to  the family of  organic polymers, consisting of large
molecules formed by the chemical combination of successive smaller
molecules into chains or networks.  The best known polyurethanes are
the flexible foams used as upholstery material and mattresses, and the
rigid foams used as  lightweight structural elements including cores for
airplane wings. Polyurethane  is also the most effective sorbent that can
be  used for oil  spill cleanup and, unlike most synthetic sorbents,
efficiently recovers a wide range of different viscosity oils.

Oil thickness exceeds 1 cm. This need not be uniform.

A measure of the space in a rock or soil that is not occupied by mineral
matter.  Porosity is defined  as  the percentage of total pore space,
including all voids, whether or not they are interconnected, in the total
volume of rock.  The porosity of a rock or soil is  determined by the
mode of deposition,  packing of grains, compaction, grain  shape, and
grain size.  Porosity can also be used to refer to the voids in other
materials such as in sorbents.

The lowest  temperature at which a substance, such as  oil, will flow
under  specified conditions.   The pour point  of crude  oils generally
varies  from  -57°C to 32°C; lighter oils with low viscosities  have lower
pour points.  The pour point of an oil  is important in terms of impact
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                 30

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RECONTAMINATION

RECOVERY
REMOTE SENSING
RESIDUAL OILS
RHIZOME
RIPRAP
RUNOFF
SEDIMENTS
SEDIMENTATION
to the shoreline and subsequent cleanup since free-flowing oils rapidly
penetrate most beach substrates, whereas semi-solid oils tend to be
deposited on the surface and will only penetrate if the beach material is
coarse or the ambient temperature is high.

Contamination by oil of an area that was previously cleaned.

In oil spill cleanup, the entire process or any operation contributing to
the physical  removal of  spilled oil from  land,  water or shoreline
environments.  General methods of recovery of oil from water are the
use of mechanical skimmers, sorbents and manual recovery by  the
cleanup work force.  The main method of  recovery of oil spilled on
land or shorelines is excavation of contaminated materials.

The aerial  sensing  of oil  on  the water surface.   The primary
applications of remote sensing are the location of an oil spill prior to its
detection by any other means and the monitoring  of the movement of
an oil slick under adverse  climatic conditions and  during the night.

The oil remaining after fractional distillation during petroleum refining;
generally includes the bunker fuel oils.

A rootlike stem under or along the ground, ordinarily in  a horizontal
position, which usually sends out roots from its lower surface and leafy
shoots from its upper surface.

A layer of large, durable fragments of broken rock, specially selected
and graded, thrown together irregularly or fitted together.  Its purpose
is to prevent erosion  by waves or  currents and thereby preserve  the
shape  of a surface, slope,  or underlying  structure.   It  is used  for
irrigation channels, river-improvement  works,  spillways at the dams,
and sea walls for  shore protection,   (b) The stone  used  for riprap.

Rainwater or melting snow that drains  away across the surface of the
ground.

A general term used to describe or  refer to:  material in suspension in
air or water;  the total dissolved and suspended  material transported by
a stream or river; the unconsolidated sand and gravel deposits of river
valleys and coastlines; and materials deposited on the floor of lakes and
oceans.

Due to the weathering, the density of some heavy spilled oils may
increase and become higher than that of the sea water, so that they sink.
Oil may also be absorbed  by heavy mineral particles (sand, silt, etc.)
and thus sink.
SEINE
A fish net which can be used to collect sorbent or debris.
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SENSITIVITY MAPS
SHEET BREAKAWAY
SHORELINE
SENSITIVITY
SHORELINE TYPE
SILT
SKIRT
SKIMMER
Maps used  by oil spill response teams  which  designate  areas  of
biological, social and economic importance in a given region.  These
maps often prioritize sensitive areas so that in the event of an extensive
spill these areas can be protected or cleaned up first.  Sensitivity maps
usually contain other information useful to the response team such as
the  location  of  shoreline  access   areas,  landing  strips,  roads,
communities, and  the composition and steepness of shoreline areas.
Maps of this type  often form  an integral part of local or regional
contingency plans.

A type of current-induced boom failure resulting from the fact that a
boom placed in moving water tends  to act like a dam.  The surface
water being held  back  by the boom is diverted  downwards and
accelerates in an attempt to keep up  with the water flowing directly
under the boom skirt, and in so doing simultaneously draws oil from the
surface under the boom. As a general rule, sheet breakaway will occur
when current velocity exceeds 36 cm/sec, although skirt depth, oil
viscosity, specific gravity,  slick thickness, and angle or placement of
the boom relative to the current direction have a bearing on this form
of boom failure.

The susceptibility of a shoreline environment to any disturbance which
might decrease its  stability or  result in short- or long-term adverse
impacts. Shorelines that are most susceptible to damage from stranded
oil are usually equally sensitive to cleanup activities, which may alter
the physical habitat or disturb associated  flora and fauna.  The  most
sensitive shoreline environments  are marshes  and  lagoons,  while
exposed coastline,  subject to heavy  wave action,  is generally  least
affected by oil and/or cleanup activities.

The average slope  or steepness and predominant substrate composition
of the intertidal zone of a shoreline area. In any given region, shoreline
type may be used to assess the type  and abundance of intertidal  flora
and fauna,  protection priorities, and most suitable  oil spill cleanup
strategies.

Soil or  sediment particles which range in  size from 4 to 64 microns.
Silt particles are larger than clays (4 microns) but smaller than sand (64
microns to 2 mm).

The portion of a floating boom  which lies  below the water surface and
provides the basic barrier to the spread of an oil slick or the loss of oil
beneath the boom.

A mechanical device that removes an oil film from the water surface.
Oil skimmers collect oil spilled on, or released to, the water's surface.
They come in a wide range of  shapes and sizes.   Skimmers generally
have a  higher  recovery rate than sorbents, providing  enough oil  is
present for operation.  Skimmers are usually equipped with  storage
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                 32

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SLICK


SLURRY

SOLUBILITY



SOLVENT

SORBENT BARRIER
SPECIES
SPECIFIC GRAVITY
SPREADING
STAIN


5/92
space for collected oil.  Oil is herded to a collection point along a
containment boom located close to shore yet in water of sufficient depth
for the skimmer to function.

The common term used to describe a film of oil (usually less than 2
microns thick) on the water surface.

A suspension of particles in water.

The amount of substance (solute)  that will dissolve in a given amount
of another  substance (solvent).   The solubility of oil  in water is
extremely low.  (See also:  Dissolution.)

A chemical agent which will dissolve oil.

A barrier which is constructed  of or includes  sorbent  materials to
simultaneously recover spilled oil  during the  containment process.
Sorbent  booms  and barriers  are only used when  the  oil slick is
relatively thin since their recovery efficiency rapidly decreases once the
sorbent is saturated with  oil.

A group of related plants or animals that interbreed to produce fertile
offspring.

The ratio of the weight of a substance such as an oil to the weight of an
equal volume  of water.   Buoyancy is intimately related to specific
gravity; if a substance has a specific gravity less than that of a fluid, it
will  float on that fluid.  The specific gravity of most crude oils  and
refined petroleum  products  is less  than  1.0,  and therefore these
substances generally float on water.  (See also:   Surface tension.)

When crude oil or refined petroleum product is poured onto clear water
surfaces, it tends to spread out to a thin film. Most crude oils spread
to a thickness  of some tenths of millimeter after one  hour and to only
a few microns  after two or three hours. In reality oil when spilled onto
the sea will form windrows which are elongated thick patches of oil
separated by areas of clear water or water covered by  a thin film of oil.
The  spreading rate will be  affected  by many parameters such as  oil
thickness near the  source of spill,  type  of  oil (boiling range, wax
content, viscosity, presence of natural surface active compounds), state
of sea, weather conditions, unimpeded surface area water available.

Contamination,  in the vicinity of the spill,  by  floating debris,   the
limitation of free water surface due to underwater plants or the presence
of natural  or man made  structures (rock, jetties,  etc.) and  the
modification of the pollutant composition  (emulsion built up) may also
interfere with  the phenomenon.

Oil thickness is greater than 1 mm.
                 33

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SUBSTRATE
SUCCESSION
SUMP
SUPRATIDAL

SURFACE-ACTIVE
AGENT
SURFACE TENSION
SWAMP

TAR



TAR BALLS
TENSION MEMBER
TOXICITY
The substance, base, or nutrient on which, or the medium in which, an
organism lives and grows, or the surface of which a fixed organism is
attached; e.g., soil, rocks, and water.

The process by which the vegetation  of an ecosystem changes over
time.

A pit  or  reservoir that  serves as a  drain from which oil can be
collected.

Above the normal high tide line.

A compound that reduces the surface tension  of liquids, or reduces
interfacial tension between two liquids or a liquid and  a solid;  also
known as  surfactant, wetting agent, or detergent.

The  force of attraction  between the  surface  molecules  of liquid.
Surface tension affects the rate at which spilled oil will spread over a
land or water surface, or into  the ground.  Oils  with low specific
gravities are often characterized by low surface tensions and therefore
faster spreading rates.  (See also:  Specific gravity.)

Low, wet forest that is regularly flooded.

A black or brown hydrocarbon material that ranges in consistency from
a heavy liquid to a solid. The  most common source of tar is the residue
left after fractional distillation of crude oil.

Compact semi-solid  or solid  masses of highly weathered oil formed
through the aggregation of viscous, high carbon number hydrocarbons
with debris present in the water column.  Tar balls generally sink to the
sea bottom but may be deposited on shorelines where they tend to resist
further weathering.

The part of a floating containment boom which carries  the load placed
on the barrier by wind, wave and current forces. Tension members are
commonly constructed from wire cable due to its strength and stretch
resistance.

The capability of a poisonous  compound (toxin) to produce deleterious
effects  in  organisms such as  alteration  of  behavioral patterns or
biological productivity (sublethal toxicity), or,  in some cases, death
(lethal or acute toxicity).  The toxic capability  of a compound is
frequently measured  by its "acute LC50" with a standard test organism
such  as rainbow trout.   The acute LC50  of a toxic chemical  is the
concentration which  will  result  in death in 50% of the test organisms
over  a given time period, usually 96  hours.   The most immediately
toxic compounds in  crude oils or refined petroleum products are the
aromatics such as benzene. (See also:  Aromatics.)
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                 34

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ULTRAVIOLET
RADIATION
VISCOSITY
VOLATILE

VOLATILITY
WATERFOWL

WATER-IN-OIL
EMULSION
WATER TABLE
WAX
The portion of the electromagnetic spectrum emitted by the sun which
is adjacent to the violet end of the visible light range.  Often called
"black light", ultraviolet light is invisible to the human eye, but when
it falls on certain surfaces, it causes them to fluoresce, or emit visible
light.  Ultraviolet light is responsible for the photo-oxidation of certain
compounds including hydrocarbons, although this process is limited to
a large extent by the  low penetration  ability (in water, air or  soil) of
this short wavelength  form of energy.   (See also: Photo-oxidation.)

The property of a fluid (gas or liquid) by  which it resists a change in
shape, or movement. Viscosity denotes opposition to flow, and  may be
thought of as internal  friction between the molecules in a fluid.  Tar,
for example, is very viscous as compared to gasoline.  The viscosity of
liquids decreases rapidly with  an increase in temperature.   In oil spill
cleanup, the viscosity of an oil is  important in terms of  its ability to
penetrate shoreline substrates, as  well as  its ability to be handled by
most conventional pumps. Viscosity increases as oil weathers since low
molecular weight, volatile fractions (light  ends) are lost most rapidly.
(See also:  Light ends; Volatility.)

Readily dissipating by evaporation.

The tendency of a solid or liquid substance to pass into the vapor state.
Many  low carbon number hydrocarbons  are  extremely  volatile  and
readily pass into a vapor state when spilled.  For example, gasolines
contain  a  high proportion   of  volatile  constituents which  pose
considerable short-term risk of fire or  explosion when spilled.  On the
other hand,  bunker fuels contain few volatile hydrocarbons since these
have been removed during the (fraction distillation) refining process.

Aquatic birds, including geese, ducks, and swans.

A type of emulsion where droplets  of water are dispersed throughout
oil, formed  when water is mixed with  a  relatively viscous oil by wave
action.  In contrast to oil-in-water emulsions, this type of emulsion is
extremely stable, and may persist for months  or years after  a spill,
particularly  when deposited in  shoreline  areas.  Water-in-oil emulsions
containing  50-80% water  are most  common,  have a  grease-like
consistency, and are generally referred to as "chocolate mousse".  (See
also:  Chocolate mousse; Emulsification; Oil-in-water emulsion.)

The fluctuating upper level of the water saturated zone (groundwater)
located below the soil surface. (See also:   Groundwater.)

Any of  a class  of pliable  substances of plant, animal, mineral, or
synthetic  origin.   Waxes  generally  consist  of long-chain  organic
compounds.  Waxes are included in the residue formed following the
refining of crude oil.
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WEATHERING             The alteration of the physical and chemical properties of spilled oil
                             through a series of natural processes which begin when the spill occurs
                             and continues  indefinitely while the oil remains  in the environment.
                             Major processes which contribute to weathering include:  evaporation,
                             dissolution, oxidation, emulsification, and microbial degradation.

WEIR                       A vertical barrier placed just below the surface of the water so that a
                             floating oil slick can flow over the top.

WICKING AGENT          Substances such as  straw, wood chips, glass beads and treated silica
                             which are used to increase  oxygen availability and provide insulation
                             between oil and water during the disposal of spilled oil by burning.
                             (See also:   Burning  agent.)

WRACK                    Debris found on shoreline.  May be used by birds for nesting sites.
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                                   SECTION 2

                                      PARTI
                        OIL POLLUTION ACT OF 1990

                                      TITLE I
                 OIL POLLUTION LIABILITY AND COMPENSATION

                                                                               PAGE

Sec. 1001.    Definitions	9

Sec. 1002.    Elements of liability	 12

Sec. 1003.    Defenses of liability	 14

Sec. 1004.    Limits on liability	 14

Sec. 1005.    Interest	16

Sec. 1006.    Natural resources	 17

Sec. 1007.    Recovery by foreign claimants	19

Sec. 1008.    Recovery by responsible party	20

Sec. 1009.    Contribution	20

Sec. 1010.    Indemnification agreements	21

Sec. 1011.    Consultation on removal actions	21

Sec. 1012.    Uses of the  Fund	21

Sec. 1013.    Claims procedure	24

Sec. 1014.    Designation of source and advertisement	24

Sec. 1015.    Subrogation	25

Sec. 1016.    Financial responsibility	25

Sec. 1017.    Litigation, jurisdiction, and venue	27

Sec. 1018.    Relationship to other law	28

Sec. 1019.    State financial responsibility	29

Sec. 1020.    Application	29
6/92

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                                       TITLE II
                            CONFORMING AMENDMENTS

                                                                                PAGE

Sec. 2001.    Intervention on the High Seas Act	29

Sec. 2002.    Federal Water Pollution Control Act	30

Sec. 2003.    Deepwater Port Act	30

Sec. 2004.    Outer Continental Shelf Lands Act
             Amendments of 1978	30
                                      TITLE III
          INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL

Sec. 3001.    Sense of Congress regarding participation in
             international regime	30

Sec. 3002.    United States-Canada Great Lakes oil spill
             cooperation	31

Sec. 3003.    United States-Canada Lake Champlain oil spill
             cooperation	31

Sec. 3004.    International Inventory of Removal Equipment
             and Personnel	31

Sec. 3005.    Negotiations with Canada concerning tug
             escorts in Puget Sound	31
                                       TITLE IV
                            PREVENTION AND REMOVAL
                                 Subtitle A—Prevention

Sec. 4101.    Review of alcohol and drug abuse and other
             matters in issuing licenses, certificates of
             registry, and merchant mariners documents	32

Sec. 4102.    Term of licenses, certificates of registry,
             and merchant mariners document; criminal
             record reviews in renewals	32
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                                   TITLE IV CONT'D
                             PREVENTION AND REMOVAL
                                  Subtitle A~Prevention
Sec. 4103.     Suspension and revocation of licenses,
              certificate of registry, and merchant mariners
              documents for alcohol and drug abuse	33

Sec. 4104.     Removal of master or individual in charge	34

Sec. 4105.     Access to National Driver Register	35

Sec. 4106.     Manning standards for foreign tank vessels	36

Sec. 4107.     Vessel traffic service systems	37

Sec. 4108.     Great Lakes pilotage	37

Sec. 4109.     Periodic gauging of plating thickness of
              commercial vessels	38

Sec. 4110.     Overfill and tank level of pressure monitoring
              devices	38

Sec. 4111.     Study on tanker navigation safety standards	38

Sec. 4112.     Dredge modification study	39

Sec. 4113.     Use of liners	39

Sec. 4114.     Tank vessel manning	40

Sec. 4115.     Establishment of double hull requirement
              for tank vessels	40

Sec. 4116.     Pilotage	45

Sec. 4117.     Maritime pollution prevention training
              program study	46

Sec. 4118.     Vessel communication equipment regulations	46
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                                       TITLE IV
                            PREVENTION AND REMOVAL
                                   Subtitle B-Removal

                                                                                 PAGE

Sec. 4201.    Federal removal authority	46

Sec. 4202.    National Planning and response system	50

Sec. 4203.    Coast Guard vessel design	55

Sec. 4204.    Determination of harmful quantities of oil
             and hazardous substances	55

Sec. 4205.    Coastwise Oil Spill Response Cooperatives	56
                                       TITLE IV
                             PREVENTION AND REMOVAL
                          Subtitle C~Penalties and Miscellaneous

Sec. 4301.     Federal Water Pollution Control Act penalties	56

Sec. 4302.     Other penalties	60

Sec. 4303.     Financial responsibility civil penalties	76

Sec. 4304.     Deposit of certain penalties into oil spill
              liability trust fund	63

Sec. 4305.     Inspection  and entry	63

Sec. 4306.     Civil enforcement under Federal Water
              Pollution Control Act	64
                                        TITLE V
                        PRINCE WILLIAM SOUND PROVISIONS

Sec. 5001.    Oil spill recovery institute	65

Sec. 5002.    Terminal and tanker oversight and monitoring	67

Sec. 5003.    Bligh Reef light	76
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                                TITLE V CONT'D
                      PRINCE WILLIAM SOUND PROVISIONS
Sec. 5004.   Vessel traffic service system	76

Sec. 5005.   Equipment and personnel requirements under
            tank vessel and facility response plans	76

Sec. 5006.   Funding	77

Sec. 5007.   Limitation	77
                                    TITLE VI
                                MISCELLANEOUS

Sec. 6001.   Savings clause	77

Sec. 6002.   Annual appropriation	78

Sec. 6003.   Outer Banks protection	78

Sec. 6004.   Cooperative development of common
            hydrocarbon-bearing areas	81
                                    TITLE VII
            OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

Sec. 7001.    Oil pollution research and development program	82
                                   TITLE VIII
                        TRANS-ALASKA PIPELINE SYSTEM

Sec. 8001.    Short title	87
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                                      TITLE VIII
                  Subtitle A-Improvements to Trans-Alaska Pipeline System
Sec. 8101.    Liability within the State of Alaska and
             cleanup efforts	
Sec. 8102.    Trans-Alaska Pipeline Liability Fund	88

Sec. 8103.    Presidential task force	90
                                      TITLE VIII
                          TRANS-ALASKA PIPELINE SYSTEM
                                   Subtitle B-Penalties

Sec.  8201.    Authority of the Secretary of the Interior
             to impose penalties on Outer Continental Shelf
             facilities	93

Sec.  8202.    Trans-Alaska pipeline system civil penalties	94
                                      TITLE VIII
                          TRANS-ALASKA PIPELINE SYSTEM
                      Subtitle C-Provision Applicable to Alaska Natives

Sec. 8301.     Land conveyances	95

Sec. 8302.     Impact of potential spills in the Arctic Ocean
              on Alaska Natives	95
                                       TITLE IX
             AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC.

Sec. 9001.    Amendments to oil spill liability trust fund	96

Sec. 9002.    Changes relating to other funds	97
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                PUBLIC LAW 101-380—AUG. 18, 1990
               OIL POLLUTION ACT OF 1990
     39-139 O - 90 [3801
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                     PUBLIC LAW 101-380—AUG. 18,  1990              104 STAT. 485

      Sec. 4104. Removal of master or individual in charge.
      Sec. 4105. Access to National Driver Register.
      Sec. 4106. Manning standards for foreign tank veaeels.
      Sec. 4107. Vessel traffic service systems.
      Sec. 4108. Great Lakes pilotage.
      Sec. 4109. Periodic gauging of plating thickness of commercial vessels.
      Sec. 4110. Overfill and tank level or pressure monitoring devices.
      Sec. 4111. Study on tanker navigation safety standards.
      Sec. 4112. Dredge modification study.
      Sec. 4113. Use of liners.
      Sec. 4114. Tank vessel manning.
      Sec. 4115. Establishment of double hull requirement for  tank vessels.
      Sec. 4115. Pilotage.
      Sec. 4117. Maritime pollution prevention training program study.
      Sec. 4118. Vessel communication equipment regulations.

                                   Subtitle B—Removal
      Sec. 4201. Federal removal authority.
      Sec. 4202. National planning and response system.
      Sec. 4203. Coast Guard vessel design.
      Sec. 4204. Determination of harmful quantities of oil and hazardous substances.
      Sec. 4205. Coastwise oil spill response endorsements.

                          Subtitle C—Penalties and Miscellaneous

      Sec. 4301. Federal Water Pollution Control Act penalties.
      Sec. 4302. Other penalties.
      Sec. 4303. Financial responsibility civil penalties.
      Sec. 4304. Deposit of certain penalties  into oil spill liability trust fund.
      Sec. ^305. Inspection and entry
      Sec. 4306. Civil enforcement under Federal Water Pollution Control Act.

                    TITLE V—PRINCE WILLIAM SOUND PROVISIONS
      Sec. 5001. Oil spill recovery institute.
      Sec. 5002. Terminal and tanker oversight and monitoring.
      Sec. 5003. Biigh Reef light.
      Sec. 5004. Vessel  traffic service  system.
      Sec. 5005. Equipment and personnel requirements under tank vessel and facility re-
                 sponse plans.
      Sec. 5006. Funding.
      Sec. 5007. Limitation.

                              TITLE VI—MISCELLANEOUS
      Sec. 6001. Savings provisions.
      Sec. 6002. Annual appropriations.
      Sec. 6003. Outer Banks protection.
      Sec. 6004. Cooperative development of common hydrocarbon-bearing areas.

        TITLE VII—OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
      Sec. 7001. Oil pollution research and development program.

                     TITLE VTII—TRANS-ALASKA PIPELINE SYSTEM
      Sec. 8001. Short title.

                 Subtitle A—Improvements to Trans-Alaska Pipeline System
      Sec. 8101. Liability within the State of Alaska and cleanup efforts-
      Sec. 8102. Trans-Alaska Pipeline Liability Fund.
      Sec. 8103. Presidential task force.

                                  0 -btitle B—Penalties

      Sec. 8201. Authority of the Secretary  of the  Interior to  impose penalties on Outer
                 Continental Shelf facilities.
      Sec. 8202. Trans-Alaska pipeline system civil  penalties.

                     Subtitle C—Provisions  Applicable to Alaska Natives

      Sec. 8301. Land conveyances.
      Sec. 8302. Impact of potential spills in  the Arctic Ocean on Alaska Natives.
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    104 STAT. 486           PUBLIC LAW 101-380—AUG. 18, 1990

                     TITLE DC—AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND, ETC
                  Sec. 9001. Amendments to Oil Spill Liability Trust Fund.
                  Sec. 9002. Changes relating to other funds.


                  TITLE I—OIL POLLUTION LIABILITY AND

                                     COMPENSATION

    33 USC 2701.     Sec, 1001. DEFINITIONS.
                    For the purposes of this Act, the term—
                        (1) ' act of God" means an unanticipated grave natural disas-
                      ter or other natural phenomenon of an exceptional, inevitable,
                      and irresistible character the effects of which could not have
                      been prevented or avoided by the exercise of due care or fore-
                      sight;
                        (2) "barrel" means 42 United States gallons at  60  degrees
                      fahrenheit;
                        (3) "claim"  means a  request, made in  writing  for  a sum
                      certain, for compensation for  damages  or removal costs result-
                      ing from an incident;
                        (4) "claimant" means any person or government who presents
                      a claim for compensation under this title;
                        (5) "damages' means damages specified in section 1002(b) of
                      this Act, and includes  the cost of assessing these damages;
                        (6) "deepwater port" is a facility licensed under the Deep-
                      water  Port Act of 1974 (33 U.S.C. 1501-1524);
                        (7) "discharge" means any emission (other than natural seep-
                      age), intentional or  unintentional,  and includes, but  is not
                      limited  to,  spilling,  leaking,  pumping,  pouring,  emitting,
                      emptying, or dumping;
                        (8) "exclusive economic zone" means the zone established by
                      Presidential Proclamation Numbered  5030,  dated  March  10,
                      1983, including the  ocean  waters of the areas referred to as
                      "eastern  special areas"  in  Article 3(1) of the Agreement be-
                      tween the United States of America and the Union of Soviet
                      Socialist Republics on the Maritime Boundary, signed June 1,
                      1990;
                        (9) "facility" means any structure, group of structures, equip-
                      ment,  or  device (other than a vessel) which is used for one or
                      more  of  the following  purposes: exploring for, drilling for,
                      producing,  storing,   handling,  transferring,  processing,  or
                      transporting oil. This term includes any  motor vehicle, rolling
                      stock,  or pipeline used  for one or more  of these  purposes;
                        (10)  "foreign offshore unit" means a facility which is located,
                      in whole or in part, in the territorial sea or  on the continental
                      shelf of a foreign country and which is or was used for one or
                      more  of  the following purposes: exploring for, drilling for,
                      producing,  storing,   handling,  transferring,  processing,  or
                      transporting oil produced from the seabed beneath the foreign
                      country's territorial sea or from the foreign country's continen-
                      tal shelf;
                        (11)  "Fund" means the Oil Spill Liability Trust Fund, estab-
                      lished  by  section 9509 of the Internal Revenue Code of 1986 (26
                      U.S.C. 9509);
                        (12)  "gross ton" has the meaning given  that term by the
                      Secretary under part J of title 46, United States Code;
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                PUBLIC LAW  101-380—AUG. 18, 1990            104 STAT. 487

      (13) "guarantor"  means  any person, other than the respon-
    sible party, who provides evidence of financial responsibility for
    a responsible party under this Act;
      (14) "incident" means any occurrence or series of occurrences
    having the same origin, involving one or more vessels, facilities,
    or any combination  thereof,  resulting  in  the  discharge  or
    substantial threat of discharge of oil;
      (15) "Indian tribe" means any Indian tribe, band, nation, or
    other organized group  or  community, but not including any
    Alaska Native  regional or village corporation, which  is recog-
    nized as eligible for the special programs  and services  provided
    by the United Slates to Indians  because of  their status  as
    Indians and has governmental authority over lands belonging to
    or controlled by the tribe;
      (16) "lessee"  means a person holding a leasehold interest in
    an oil or gas lease on lands beneath navigable waters (as that
    term is defined in section 2(aj of the Submerged Lands Act (43
    U.S.C. I301(a))) or on submerged lands of the Outer Continental
    Shelf, granted or maintained under applicable State law or the
    Outer Continental  Shelf Lands  Act  (43  U.S.C.  1331  et seq.);
      (17) "liable" or "liability" shall be construed  to  be the stand-
    ard of liability  which obtains under section 311 of the Federal
    Water Pollution Control Act (33 U.S.C. 1321);
      (18) "mobile offshore drilling unit" means a vessel (other than
    a self-elevating lift vessel) capable of use as an offshore facility;
      (19) "National Contingency Plan" means the National Contin-
    gency Plan prepared and published under section 311(d) of the
    Federal Water Pollution Control Act, as amended by this Act, or
    revised under section 105 of the Comprehensive Environmental
    Response, Compensation, and  Liability Act (42  U.S.C. 9605);
      (20) "natural resources" includes land, fish,  wildlife, biota,
    air, water, ground  water, drinking water supplies, and  other
    such resources belonging to, managed by,  held  in  trust by,
    appertaining  to, or otherwise controlled by the United States
    (including the resources of the exclusive economic zone), any
    State or  local  government  or Indian tribe,  or  any foreign
    government;
      (21) "navigable waters"  means  the waters  of the United
    States, including the territorial sea;
      (22) "offshore facility'' means any facility of any kind located
    in, on, or under  any of the  navigable waters of the United
    States,  and any facility of any  kind  which is subject to the
    jurisdiction of the United States and is located  in, on,  or under
    any other waters, other than a vessel or a public vessel;
      (23) "oil" means oil of any kind or in any form, including, but
    not limited to,  petroleum,  fuel oil, sludge, oil refuse, and oil
    mixed with wastes  other than dredged spoil, but does not in-
    clude petroleum, including crude oil  or  any fraction thereof,
    which is  specifically listed or designated  as a hazardous sub-
    stance under subparagraphs (A) through (F) of section 101(14) of
    the Comprehensive Environmental Response,  Compensation,
    and Liability Act (42  U.S.C. 9601) and which is subject to the
    provisions of that Act;
      (24) "onshore facility" means any facility (including, but not
    limited to, motor vehicles and rolling stock) of any kind located
    in, on, or under, any land within the  United States other than
    submerged land;
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   104 STAT. 488           PUBLIC LAW 101-380—AUG. 18, 1990

                       (25) the term "Outer Continental Shelf facility" means an
                     offshore facility which  is located, in whole or in part, on the
                     Outer Continental Shelf and is or was used for one or more of
                     the following purposes: exploring for, drilling for, producing,
                     storing, handling,  transferring, processing, or transporting oil
                     produced from the Outer Continental Shelf;
                       (26) "owner or operator" means (A) in the case of a vessel, any
                     person owning, operating, or chartering by demise, the vessel,
                     and  (B) in the  case  of an onshore facility,  and  an offshore
                     facility, any person owning or operating such onshore facility or
                     offshore facility, and (C) in the case of any abandoned offshore
                     facility, the person who owned or operated such facility imme-
                     diately prior to such abandonment;
                       (27) "person" means an individual, corporation, partnership,
                     association, State, municipality,  commission, or political sub-
                     division of a State, or any interstate body;
                       (28) "permittee" means a person holding an authorization,
                     license, or permit for geological exploration issued under section
                     11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or
                     applicable State law;
                       (29) "public vessel" means a vessel owned or bareboat  char-
                     tered and operated by the  United States, or by a State  or
                     political subdivision thereof, or by a foreign nation, except  when
                     the vessel is engaged in commerce;
                       (30) "remove" or "removal" means containment and removal
                     of oil or a hazardous substance from water and shorelines or the
                     taking of other actions as  may  be necessary to  minimize  or
                     mitigate damage to the public health or welfare, including, but
                     not limited to, fish, shellfish, wildlife, and public  and private
                     property, shorelines, and beaches;
                       (31) "removal costs"  means the costs of removal that are
                     incurred after a discharge of oil has occurred or, in any case in
                     which there is a substantial threat of a discharge of oil, the costs
                     to prevent, minimize,  or  mitigate oil  pollution from  such an
                     incident;
                       (32) "responsible party"  means the following:
                           (A) VESSELS.—In the case of a vessel, any person owning,
                         operating, or demise chartering the vessel.
                           (B) ONSHORE FACILITIES.—In the case of an onshore  facil-
                         ity (other than a pipeline), any person owning or operating
                         the facility, except a  Federal agency, State, municipality,
                         commission, or political subdivision of a State, or any inter-
                         state body, that as the owner transfers possession and  right
                         to use the property to another person by lease, assignment,
                         or permit.
                           (C) OFFSHORE FACILITIES.—In the  case of an offshore  facil-
                         ity (other than a pipeline  or a  deepwater  port  licensed
                         under the Deepwater Port Act of 1974 (33 U.S.C. 1501  et
                         seq.)), the lessee  or permittee of  the area in which the
                         facility is  located  or  the holder  of  a right  of use and
                         easement granted under applicable State law or the Outer
                         Continental Shelf Lands Act (43 U.S.C. 1301-1356) for the
                         area in which the facility  is located (if the  holder is a
                         different  person than the lessee  or  permittee),  except a
                         Federal agency, State, municipality, commission, or politi-
                         cal subdivision of a State, or any  interstate body, that as
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                PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 489

            owner transfers possession and right to use the property to
            another person by lease, assignment, or permit.
              (D) DKEPWATEB POSTS.—In the case of a deepwater port
            licensed under the Deepwater Port Act of 1974 (33 U.S.C.
            1501-1524), the licensee.
              (E) PIPELINES.—In the case of a  pipeline,  any  person
            owning or operating the pipeline.
              (F) ABANDONMENT.—In the case of an abandoned vessel,
            onshore facility, deepwater port, pipeline, or offshore facil-
            ity,  the persons who would have been responsible parties
            immediately prior to the  abandonment of  the vessel  or
            facility.
          (33) "Secretary" means the Secretary  of the department  in
        which the Coast Guard is operating;
          (34) "tank  vessel"  means  a vessel  that  is constructed  or
        adapted to carry, or that carries, oil or hazardous material  in
        bulk as cargo or cargo residue, and that—
              (A) is a vessel of the United States;
              (B) operates on the navigable waters; or
              (C) transfers oil or hazardous material in a place subject
            to the jurisdiction of the United States;
          (35) "territorial seas" means the belt  of the seas measured
        from the line of ordinary low water along that portion of the
        coast which is in direct contact with the  open sea and the line
        marking the  seaward limit of inland waters, and extending
        seaward a distance of 3 miles;
          (36) "United States" and "State" mean the several States of
        the United States, the District of Columbia, the Commonwealth
        of Puerto Rico,  Guam,  American Samoa, the United States
        Virgin Islands, the Commonwealth of the Northern Marianas,
        and any other territory or possession of the United States; and
          (37) "vessel" means every description of watercraft or other
        artificial contrivance used, or capable of being used, as a means
        of transportation on water, other than a public vessel.

    SEC 1002. ELEMENTS OF LIABILITY.                                  33 USC 2702.
      (a) IN GENERAL.—Notwithstanding any other provision or rule of
    law, and subject to the provisions of this Act, each responsible party
    for a vessel or a facility from which oil is discharged, or which poses
    the  substantial threat of a discharge of oil, into or upon the navi-
    gable waters or adjoining shorelines or the exclusive economic zone
    is liable for the removal costs and damages specified in subsection
    (b) that result from such incident.
      (b) COVERED REMOVAL COSTS AND DAMAGES.—
          (1) REMOVAL COSTS.—The removal costs referred to in subsec-
        tion (a) are—
              (A) all  removal costs incurred by  the United States, a State and local
            State, or an Indian tribe under subsection (c), (d), (e), or (1) of governments
            section 311 of the Federal Water Pollution Control Act (33 lndians-
            U.S.C. 1321), as amended by this Act, under the Interven-
            tion on the High Seas Act (33 U.S.C.  1471 et seq.), or under
            State law; and
              (B) any removal costs  incurred by any  person for acts
            taken by the person which are consistent with the National
            Contingency Plan.
          (2) DAMAGES.—The damages referred to in subsection (a) are
        the following:
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   104 STAT. 490           PUBLIC LAW 101-380—AUG. 18, 1990

                           (A) NATURAL RESOURCES.—Damages for injury to, destruc-
                          tion of, loss of, or loss of use of, natural resources, including
                          the reasonable costs of assessing the damage, which shall be
                          recoverable by a United States trustee, a State trustee, an
                          Indian tribe trustee, or a foreign trustee.
                           (B) REAL OR PERSONAL  PROPERTY.—Damages for injury to,
                          or  economic  losses resulting  from destruction of, real or
                          personal property, which shall be recoverable by a claimant
                          who owns or leases that property.
                           (C) SUBSISTENCE USE.—Damages for loss of subsistence use
                          of  natural resources,  which shall be recoverable by any
                          claimant who so uses natural resources which have been
                          injured, destroyed, or lost, without regard to the ownership
                          or management of the resources.
                           (D) REVENUES.—Damages equal to the net  loss of taxes,
                          royalties, rents, fees, or net profit shares due to the injury,
                          destruction, or loss of real property, personal property, or
                          natural  resources, which  shall  be recoverable by the
                          Government  of the United States,  a State, or a political
                          subdivision thereof.
                           (E) PROFITS AND EARNING CAPACITY.—Damages equal to
                          the loss of profits or impairment of earning capacity due to
                          the injury, destruction,  or  loss of real property, personal
                          property, or natural resources, which shall be recoverable
                          by  any claimant.
                           (F) PUBLIC SERVICES.—Damages for net costs of providing
                          increased or  additional public services during or after re-
                          moval activities,  including protection from fire,  safety, or
                          health hazards, caused by a discharge of oil, which shall be
                          recoverable by a State, or a political subdivision of a State.
                    (c) EXCLUDED DISCHARGES.—This title does not apply to any dis-
                  charge—
                        (1) permitted by a permit issued  under  Federal, State, or local
                      law;
                        (2) from a public vessel; or
                        (3) from an onshore facility which is subject to the Trans-
                      Alaska Pipeline  Authorization Act  (43  U.S.C. 1651 et  seq.).
                    (d) LIABILITY OF THIRD PARTIES.—
                        (1) IN GENERAL.—
                           (A) THIRD PARTY TREATED AS RESPONSIBLE PARTY.—Except
                          as  provided in subparagraph  (B), in any case in which a
                          responsible party establishes that a discharge or threat of a
                          discharge and the resulting  removal costs and  damages
                          were caused  solely by an act or omission of one or  more
                          third parties  described in section 1003(aX3) (or  solely by
                          such  an act or omission in combination with an act of God
                          or an act of war), the third party or parties shall be treated
                          as the responsible party or parties for purposes of determin-
                          ing liability under this title.
                           (B) SUBROGATION OF RESPONSIBLE  PARTY.—If the respon-
                          sible  party alleges that  the discharge or threat  of a dis-
                          charge was caused solely by an act  or omission of a  third
                          party, the responsible party—
                                (i) in accordance with section 1013, shall pay removal
                             costs and damages to any claimant; and
                                (ii) shall be entitled by subrogation to all rights of the
                             United States Government and the claimant to recover
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                 PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 491

                 removal costs or damages from the third party or the
                 Fund paid under this subsection.
           (2) LIMITATION APPLIED.—
               (A) OWNER OR  OPERATOR OF VESSEL OR FACILITY.—If the
             act or omission of a third party that causes an incident
             occurs in connection with a  vessel  or  facility owned or
             operated by the third party, the liability of the third party
             shall  be  subject to the  limits provided in section 1004 as
             applied with respect to the vessel or facility.
               (B)  OTHER CASES.—In any other  case, the liability of a
             third party or parties shall not exceed the limitation which
             would have been  applicable to the responsible party of the
             vessel or facility from  which the discharge actually  oc-
             curred if the responsible party were liable.

     SEC 1003. DEFENSES TO LIABILITY.                                   33 USC 2703.
       (a) COMPLETE DEFENSES.—A responsible  party  is not liable  for
     removal costs or damages under section 1002 if the responsible party
     establishes, by a preponderance  of the evidence, that the discharge
     or substantial threat of a discharge of oil and the resulting damages
     or removal costs were caused solely by—
           (Dan act of God;
           (2) an act of war;
           (3) an act or omission of a third party,  other than an employee
         or agent of the responsible party or a third party whose act or
         omission occurs in connection with any contractual relationship
         with the responsible  party (except where the  sole contractual
         arrangement arises in connection  with carriage  by a common
         carrier by rail), if the responsible party establishes, by a prepon-
         derance of the evidence, that the responsible party—
               (A) exercised due care with  respect to the  oil  concerned,
             taking into consideration the characteristics  of the oil and
             in light of all relevant facts and circumstances; and
               (B) took precautions against foreseeable acts or omissions
             of any such third party and the foreseeable consequences of
             those acts or omissions; or
           (4) any combination of paragraphs (1),  (2), and (3).
       (b) DEFENSES As To PARTICULAR CLAIMANTS.—A responsible party
     is not liable under section 1002 to a claimant, to the extent that the
     incident is caused by the gross negligence or  willful  misconduct of
     the claimant.
       (c) LIMITATION ON COMPLETE DEFENSE.—Subsection (a) does not
     apply with respect to  a responsible party who fails or refuses—
           (1) to report the incident as required by  law if the responsible
         party knows or has reason to know of the incident;
           (2) to provide all reasonable cooperation and  assistance  re-
         quested by  a responsible official in connection  with removal
         activities; or
           (3) without sufficient cause, to comply  with an order issued
         under  subsection (c) or (e) of section 311 of the Federal Water
         Pollution  Control Act (33 U.S.C. 1321), as  amended by this Act,
         or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).

     SEC 1004. LIMITS ON LIABILITY.                                      33 USC 2704.
       (a) GENERAL RULE.—Except as otherwise provided in this section,
     the total of the liability of a responsible party under section 1002
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   104 STAT. 492           PUBLIC LAW 101-380—AUG. 18, 1990

                 and any removal costs incurred by, or on behalf of, the responsible
                 party, with respect to each incident shall not exceed—
                       (1) for a tank vessel, the greater of—
                           (A) $1,200 per gross ton; or
                           (BXD in the case of a vessel greater than 3,000 gross tons,
                         $10,000,000; or
                           (ii) in the case  of a vessel of 3,000 gross tons or less,
                         $2,000,000;
                       (2) for any  other vessel, $600 per  gross ton or  $500,000,
                     whichever is greater;
                       (3) for an offshore facility except a deepwater port, the total of
                     all removal costs plus $75,000,000; and
                       (4) for any onshore facility and a deepwater port, $350,000,000.
                   (b) DIVISION OF LIABILITY FOR MOBILE OFFSHORE DRILLING UNITS.—
                       (1) TREATED FIRST AS TANK VESSEL.—For purposes of determin-
                     ing the responsible party and  applying this Act and except as
                     provided in paragraph  (2), a mobile offshore drilling unit which
                     is being used as an offshore facility is deemed to be a tank vessel
                     with respect to  the discharge, or the  substantial threat of a
                     discharge, of oil on or above the surface of the water.
                       (2) TREATED AS FACILITY FOR  EXCESS LIABILITY.—To the extent
                     that removal costs and damages from any incident described in
                     paragraph (1) exceed the amount for which a responsible party
                     is liable (as that amount may be limited under subsection (aXD),
                     the mobile offshore drilling unit is deemed to be an  offshore
                     facility. For purposes of applying subsection (aX3), the amount
                     specified  in that subsection shall be  reduced by the  amount for
                     which the responsible party is liable under paragraph (1).
                   (c) EXCEPTIONS.—
                       (1) ACTS OF RESPONSIBLE PARTY.—Subsection (a) does not apply
                     if the incident was proximately caused by—
                           (A) gross negligence or willful misconduct of, or
                           (B) the violation of an applicable Federal safety, construc-
                         tion, or operating regulation by,
                     the responsible party, an agent or employee of the  responsible
                     party, or a person acting pursuant to a contractual relationship
                     with the responsible party (except where the sole contractual
                     arrangement arises in  connection with carriage by a common
                     carrier by rail).
                       (2) FAILURE OR REFUSAL OF RESPONSIBLE PARTY.—Subsection (a)
                     does not apply if the responsible party fails or refuses—
                           (A) to report the incident as required by  law and the
                         responsible party  knows  or has  reason to know of the
                        incident;
                           (B) to provide all reasonable cooperation and assistance
                        requested by a responsible official in connection with re-
                        moval activities; or
                           (C) without  sufficient cause,  to  comply  with an  order
                        issued  under subsection (c) or  (e) of section  311 of the
                        Federal Water Pollution Control Act (33 U.S.C. 1321), as
                        amended by this Act, or the Intervention on the High Seas
                        Act (33 U.S.C. 1471 et seq.).
                       (3) OCS FACILITY  OR VESSEL.—Notwithstanding the limitations
                     established under  subsection (a) and  the defenses of section
                     1003, all  removal costs incurred by  the United  States Govern-
                     ment or any State or local official or agency in connection with
                     a discharge or  substantial threat of a discharge  of oil from any
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                 PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 493
         Outer Continental Shelf facility or a vessel carrying oil as cargo
         from such a facility shall be borne by the owner or operator of
         such facility or vessel.
       (d) ADJUSTING Lucre OF LIABILITY.—
           (1) ONSHORE FACUITIES.—Subject to paragraph (2), the  Presi-
         dent may establish by regulation, with respect to any class or
         category of onshore facility, a limit of liability under this section
         of less than $350,000,000,  but  not  less than $8,000,000, taking
         into account size, storage capacity,  oil throughput, proximity to
         sensitive areas, type of oil handled, history of discharges, and
         other factors relevant to risks posed by the class or category of
         facility.
           (2) DBEPWATER PORTS AND ASSOCIATED VESSELS.—
               (A)  STUDY.—The  Secretary shall conduct a study of the
             relative operational and environmental risks posed by the
             transportation of oil by vessel to deepwater ports (as de-
             fined  in  section 3 of the Deepwater Port Act of 1974 (33
             U.S.C. 1502)) versus the transportation of oil by vessel to
             other ports. The study shall include a review and analysis
             of offshore lightering practices  used in connection with that
             transportation, an analysis of the volume of oil transported
             by  vessel using those practices, and  an analysis of the
             frequency and volume  of  oil  discharges which occur  in
             connection with the use of those practices.
               (B) REPORT.—Not later than  1 year after the elate of the
             enactment of this Act, the Secretary shall  submit  to the
             Congress  a report  on the results of the study conducted
             under subparagraph (A).
               (C)  RULEMAKING  PROCEEDING.—If  the Secretary   deter-
             mines, based on the results of the study conducted under
             this subparagraph (A), that the  use of deepwater ports in
             connection with the transportation of oil by vessel results in
             a lower operational or environmental risk than the use of
             other ports, the Secretary  shall initiate, not later than the
             180th day following the date of submission of the report to
             the  Congress  under  subparagraph  (B),  a rulemaking
             proceeding to lower the limits of liability under this section
             for  deepwater ports as the Secretary  determines  appro-
             priate. The Secretarv may establish  a limit of liability of
             less than $350,000,000,  but not less than  $50,000,000,  in
             accordance with paragraph (1).
           (3) PERIODIC REPORTS.—The President shall, within  6 months
         after the date of the  enactment of this Act, and from time to
         time thereafter, report to the Congress on the  desirability of
         adjusting the limits of liability specified in subsection (a).
           (4) ADJUSTMENT TO REFLECT CONSUMER  PRICE INDEX.—The
         President shall, by regulations issued not less often than every 3
         years, adjust the  limits of liability  specified in subsection (a) to
         reflect significant increases in the Consumer Price Index.

     SEC 1005. INTEREST.
       (a)  GENERAL RULE.—The  responsible  party  or the responsible
     party's guarantor is liable to a claimant for interest on the amount
     paid in satisfaction of a claim under this Act for the period described
     in subsection (b).
       (b) PERIOD.—
   President of U.S.
   Regulations.
   33 USC 2705.
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   104 STAT. 494           PUBLIC LAW 101-380—AUG. 18, 1990

                       (1) IN GENERAL.—Except as provided  in  paragraph (2), the
                     period for which interest shall be paid is the period beginning
                     on  the 30th day following the date  on which the claim  is
                     presented to the responsible party or guarantor and ending on
                     the date on which the claim is paid.
                       (2) EXCLUSION OF PERIOD DUE TO OFFER BY GUARANTOR.—If the
                     guarantor offers to the claimant an amount equal to or greater
                     than that finally paid in  satisfaction of the claim, the period
                     described in paragraph (1)  does not include the period beginning
                     on the date the offer is made and ending on the date the offer is
                     accepted. If the offer is made within 60 days after the date on
                     which  the claim is presented under section 1013(a), the period
                     described in paragraph (1) does  not include any period before
                     the offer is accepted.
                       (3) EXCLUSION OF PERIODS IN INTERESTS OF JUSTICE.—If in any
                     period a claimant is not paid due to reasons beyond the control
                     of the responsible party  or  because it would not  serve the
                     interests of justice, no interest shall accrue under this section
                     during that period.
                       (4) CALCULATION OF INTEREST.—The interest paid under this
                     section shall be calculated  at the average of the highest rate for
                     commercial  and finance company paper of maturities of 180
                     days or less obtaining on each of the days included within the
                     period for  which interest must be paid to the claimant, as
                     published in the Federal Reserve Bulletin.
                       (5) INTEREST NOT SUBJECT TO LIABILITY LIMITS.—
                           (A)  IN GENERAL.—Interest (including  prejudgment in-
                         terest) under this paragraph is in addition to damages and
                         removal  costs for which claims may  be asserted under
                         section 1002 and shall  be paid without regard to any limita-
                         tion of liability under section 1004.
                           (B) PAYMENT BY GUARANTOR.—The payment of interest
                         under this subsection  by a guarantor is subject to section
                         1016(g).

   33 USC 2706.     SEC. 1006. NATURAL RESOURCES.
                   (a) LIABILITY.—In the  case  of natural resource  damages under
                 section 1002(bX2XA), liability shall be—
                       (1) to the United  States Government  for  natural resources
                     belonging to, managed by,  controlled by, or appertaining to the
                     United States;
   State and local         (2) to any State for natural resources belonging to,  managed
   governments.         bj^  controlled by,  or appertaining to  such  State or political
                     subdivision thereof;
   Indians.              (3) to any  Indian  tribe  for natural  resources belonging to,
                     managed by, controlled by, or appertaining to such Indian tribe;
                     and
                       (4) in any case in which section  1007 applies, to the govern-
                     ment of a foreign country for natural resources belonging to,
                     managed by, controlled by, or  appertaining to such country.
                   (b) DESIGNATION OF TRUSTEES.—
   President of U.S.        (1) IN GENERAL.—The President, or the authorized representa-
   Claims.             j.jve of g^y State, Indian tribe, or foreign government, shall act
                     on behalf of the  public,  Indian tribe,  or  foreign country as
                     trustee of natural  resources to present a claim for and to
                     recover damages to the natural resources.
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                 PUBLIC LAW  101-380—AUG. 18, 1990           104 STAT. 495

            (2) FEDERAL TRUSTEES.—The  President shall  designate the
          Federal officials who shall act on behalf of the public as trustees
          for natural resources under this Act.
            (3) STATE TRUSTEES.—The Governor of each State shall des-
          ignate  State and local officials who may act on behalf of the
          public as trustee for natural resources under this Act and shall
          notify the President of the designation.
            (4) INDIAN TRIBE TRUSTEES.—The governing body of any Indian
          tribe shall designate tribal officials who may act on behalf of
          the tribe or its members as trustee for natural resources under
          this  Act and shall notify  the President of the designation.
            (5) FOREIGN TRUSTEES.—The head  of any foreign government
          may  designate  the trustee who  shall  act on  behalf of  that
          government as  trustee for natural resources under this  Act.
       (c) FUNCTIONS OF TRUSTEES.—
            (1) FEDERAL  TRUSTEES.—The  Federal  officials  designated
          under subsection (bX2)—
               (A) shall assess natural resource  damages under section
              1002(bX2XA) for the natural resources under their trustee-
              ship;
               (B) may, upon request of and reimbursement from a State
              or  Indian tribe  and at  the  Federal officials'  discretion,
              assess damages for the natural resources under the State's
              or tribe's trusteeship; and
               (C) shall develop and implement  a plan for the  restora-
              tion, rehabilitation,  replacement,  or  acquisition of the
              equivalent,  of  the natural  resources under their  trustee-
              ship.
            (2) STATE TRUSTEES.—The State  and local officials designated
          under subsection (bX3j—
               (A) shall assess natural resource  damages under section
              1002(bX2XA) for the  purposes of this Act for the  natural
              resources under their trusteeship; and
               (B) shall develop and implement  a plan for the  restora-
              tion, rehabilitation,  replacement,  or  acquisition of the
              equivalent,  of  the natural  resources under their  trustee-
              ship.
            (3) INDIAN  TRIBE TRUSTEES.—The tribal officials  designated
          under subsection (bX4?—
               (A) shall assess natural resource  damages under section
              1002(bX2XA) for the  purposes of this Act for the  natural
              resources under their trusteeship; and
               (B) shall develop and implement  a plan for the  restora-
              tion, rehabilitation,  replacement,  or  acquisition  of the
              equivalent,  of  the natural  resources under their  trustee-
              ship.
            (4) FOREIGN TRUSTEES.—The trustees designated under subsec-
          tion 0>X5)—
               (A) shall assess natural resource  damages under section
              1002(bX2XA) for the  purposes of this Act for the  natural
              resources under their trusteeship; and
               03) shall develop and implement  a plan for the  restora-
              tion, rehabilitation,  replacement,  or  acquisition of the
              equivalent,  of  the natural  resources under their  trustee-
              ship.
            (5) NOTICE AND  OPPORTUNITY TO  BE HEARD.—Plans  shall be
          developed and implemented under this  section only after ade-
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   104 STAT. 496          PUBLIC LAW 101-380—AUG. 18, 1990

                     quate  public notice, opportunity for a  hearing, and consider-
                     ation of all public comment.
                    (d) MEASURE OF DAMAGES.—
                       (1) IN GENERAL.—The measure of natural resource damages
                     under  section 1002(bX2XA) is—
                            (A) the cost of restoring, rehabilitating,  replacing, or
                         acquiring the equivalent of, the  damaged natural resources;
                            (B) the diminution in  value  of those natural resources
                         pending restoration; plus
                            (C) the reasonable cost of assessing those damages.
                       (2) DETERMINE COSTS WITH RESPECT TO PLANS.—Costs shall be
                     determined under paragraph (1) with respect to plans adopted
                     under  subsection (c).
                       (3) No DOUBLE RECOVERY.—There shall be no double recovery
                     under  this Act for natural  resource damages, including with
                     respect to the costs of damage  assessment  or  restoration, re-
                     habilitation, replacement, or acquisition for the same  incident
                     and natural resource.
   President of U.S.     (e) DAMAGE ASSESSMENT REGULATIONS.—
                       (1) REGULATIONS.—The President, acting through the Under
                     Secretary of Commerce for  Oceans and  Atmosphere and in
                     consultation with  the  Administrator  of the  Environmental
                     Protection Agency, the Director of the United States Fish and
                     Wildlife Service, and the heads  of other affected agencies, not
                     later than 2 years after the  date of the enactment of this Act,
                     shall  promulgate  regulations for the  assessment  of natural
                     resource damages under section 1002(bX2XA) resulting from a
                     discharge of oil for the purpose of this Act.
                       (2) REBUTTABLE PRESUMPTION.—Any determination or assess-
                     ment of damages to natural resources for the purposes of this
                     Act made under subsection  (d) by a Federal, State, or Indian
                     trustee in accordance with the regulations promulgated under
                     paragraph (1) shall have the  force  and effect of a rebuttable
                     presumption on behalf of the  trustee in any administrative or
                     judicial proceeding under this Act.
                    (f) USE OF RECOVERED SUMS.—Sums recovered under this Act by a
                  Federal, State, Indian, or foreign  trustee for natural resource dam-
                  ages under section 1002(bX2XA) shall be retained  by the trustee in a
                  revolving trust account, without further appropriation, for use only
                  to reimburse or pay costs incurred by the trustee under subsection
                  (c) with respect to the damaged natural  resources. Any amounts in
                  excess of those required for these reimbursements and costs shall be
                  deposited in the Fund.
                    (g) COMPLIANCE.—Review of actions by any Federal official where
                  there is alleged to be a failure  of that official to perform a  duty
                  under this  section that is not discretionary with that official may be
                  had by  any person in the district court in which the person resides
                  or in  which the alleged damage to natural resources occurred. The
                  court may  award costs  of litigation (including reasonable attorney
                  and expert witness fees) to any prevailing or substantially prevail-
                  ing party. Nothing in this subsection shall restrict any right which
                  any person may have to seek relief under any other provision of law.

   33 USC 2707.     SEC. 1007. RECOVERY BY FOREIGN CLAIMANTS.
                   (a) REQUIRED SHOWING BY FOREIGN CLAIMANTS.—
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                 PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 497

           (1) IN GENERAL.—In addition to satisfying the other require-
         ments of this Act, to recover removal costs or damages resulting
         from an incident a foreign claimant shall demonstrate that—
               (A) the claimant has not been otherwise compensated for
             the removal costs or damages; and
               (B) recovery is authorized by a treaty or executive agree-
             ment between the United States and the claimant's coun-
             try,  or  the Secretary of State,  in consultation with the
             Attorney General and other appropriate officials, has cer-
             tified that the claimant's country provides a comparable
             remedy for United States claimants.
           (2) EXCEPTIONS.—Paragraph (1KB) shall not apply with respect  Canada.
         to recovery  by  a resident of Canada in the case of an incident
         described in subsection (bX4).
       (b) DISCHARGES IN FOREIGN COUNTRIES.—A foreign claimant may
     make  a  claim  for  removal  costs and damages resulting from a
     discharge, or substantial threat of a discharge, of oil  in or on the
     territorial sea,  internal waters, or adjacent shoreline of a foreign
     country, only if the discharge is from—
           (1) an  Outer Continental Shelf facility or a deepwater port;
           (2) a vessel in the navigable waters;
           (3) a  vessel  carrying oil as cargo between 2 places in the
         United States; or
           (4) a  tanker that received the oil at the terminal of the
         pipeline   constructed   under   the   Trans-Alaska   Pipeline
         Authorization Act (43 U.S.C.  1651 et seq.), for transportation to
         a place in the United States, and the discharge or threat occurs
         prior to delivery of the oil to that place.
       (c) FOREIGN CLAIMANT DEFINED.—In this section,  the term "for-
     eign claimant" means—
           (Da person residing in a foreign country;
           (2) the government of a foreign country; and
           (3) an  agency or political  subdivision of a foreign  country.

     SEC. 1008. RECOVERY BY RESPONSIBLE PARTY.                         33 USC 2708.
       (a)  IN  GENERAL.—The responsible  party for  a vessel or facility
     from  which  oil  is discharged, or which poses the substantial threat
     of a discharge  of oil,  may  assert a claim for removal costs  and
     damages under section  1013 only if the responsible party  dem-
     onstrates that—
           (1) the responsible party is entitled to a defense  to liability
         under section 1003; or
           (2) the responsible party is entitled to a limitation of liability
         under section 1004.
       (b) EXTENT OF RECOVERY.—A  responsible party who is entitled to a
     limitation of liability may assert a claim under section 1013 only to
     the extent that the sum of the  removal costs and damages incurred
     by the responsible  party plus the amounts paid by the responsible
     party, or by  the guarantor  on behalf of the responsible party,  for
     claims asserted under section 1013 exceeds the amount to which the
     total  of  the  liability under section  1002 and  removal costs  and
     damages incurred  by,  or on  behalf  of, the responsible  party  is
     limited under section 1004.

     SEC 1009. CONTRIBUTION.                                           33 USC 2709.
       A person  may bring  a  civil  action  for contribution against any
     other person who is liable or  potentially liable under this Act or
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   104 STAT. 498
           PUBLIC LAW 101-380—AUG. 18, 1990
   33 USC 2710.
   President of U.S.
   State and local
   governments.
   33 USC 2711.
   President of U.S.
   33 USC 2712.
another law. The action shall be brought in accordance with section
1017.

SEC. 1010. INDEMNIFICATION AGREEMENTS.
  (a) AGREEMENTS NOT PROHIBITED.—Nothing in this Act prohibits
any agreement to insure, hold harmless,  or indemnify a party to
such agreement for any liability under this Act.
  (b) LIABILITY Nor TRANSFERRED.—No indemnification, hold harm-
less, or similar agreement or conveyance shall be effective to trans-
fer liability imposed under this Act from a responsible party or from
any person who may be liable for an incident under this Act to any
other person.
  (c) RELATIONSHIP To OTHER CAUSES OF ACTION.—Nothing in this
Act, including the provisions of subsection (b), bars a cause of action
that a responsible party subject to liability under this Act, or a
guarantor, has or would have, by reason of subrogation or otherwise,
against any person.

SEC. 1011. CONSULTATION ON REMOVAL ACTIONS.
  The President shall consult with the affected trustees designated
under section 1006 on the appropriate removal action to be taken in
connection  with any discharge  of oil. For  the purposes of the Na-
tional Contingency  Plan,  removal with respect to any discharge
shall be considered completed when so determined by the President
in consultation with the  Governor or Governors of the affected
States. However, this determination shall not preclude additional
removal actions under applicable State law.

SEC. 1012. USES OF THE FUND.
  (a) USES GENERALLY.—The  Fund shall be available  to the Presi-
dent for—
      (1) the payment of removal costs, including the costs of mon-
    itoring removal  actions,  determined  by  the President to be
    consistent with the  National Contingency Plan—
         (A) by Federal authorities; or
         (B) by a Governor or designated  State official  under
        subsection (d);
      (2) the payment of costs incurred by  Federal, State, or Indian
    tribe trustees in carrying  out their functions under section 1006
    for assessing natural resource damages and for developing and
    implementing plans for the restoration, rehabilitation, replace-
    ment, or  acquisition of the equivalent of damaged resources
    determined by the President to be consistent with  the National
    Contingency Plan;
      (3) the payment of removal costs determined by the President
    to be consistent with the National Contingency Plan as a result
    of, and damages resulting from, a discharge, or a substantial
    threat of a discharge, of oil from a foreign offshore unit;
      (4) the payment of claims in accordance with section 1013 for
    uncompensated removal costs determined by the President to be
    consistent with  the National Contingency Plan or uncompen-
    sated damages;
     (5) the  payment of Federal administrative, operational, and
    personnel  costs  and expenses reasonably necessary  for  and
    incidental to the implementation, administration,  and enforce-
    ment  of  this  Act  (including,  but not  limited  to,  sections
    l004(dX2), 1006(e), 4107, 4110, 4111, 4112, 4117, 5006, 8103, and
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                  PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 499

           title VII) and subsections (b), (c), (d), (j), and (1) of section 311 of
           the Federal  Water Pollution Control Act (33 U.S.C. 1321), as
           amended by  this Act, with respect to prevention, removal, and
           enforcement related to oil discharges, provided that—
                (A) not more than $25,000,000 in each fiscal year shall be  Uniformed
              available to the Secretary for operating expenses incurred  services.
              by the Coast Guard;
                (B) not more than $30,000,000 each year through the end
              of fiscal  year 1992 shall be available to establish the Na-
              tional  Response System under section 311(j) of the Federal
              Water Pollution Control  Act,  as amended by this Act,
              including the purchase and prepositioning  of oil  spill re-
              moval  equipment; and
                (C) not more than $27,250,000 in each fiscal year shall be
              available to carry out title VII of this Act.
         (b) DEFENSE  TO LIABILITY FOR  FUND.—The Fund shall  not be
      available  to pay any claim  for removal costs  or  damages to  a
      particular claimant, to the  extent that the incident, removal costs,
      or damages are caused by the gross negligence or willful misconduct
      of that claimant.
         (c) OBLIGATION OF FUND  BY FEDERAL OFFICIALS.—The President
      may promulgate  regulations designating one or more Federal offi-
      cials who may obligate money in  accordance  with  subsection (a).
         (d) ACCESS TO FUND BY STATE OFFICIALS.—
             (1)  IMMEDIATE  REMOVAL.—In  accordance with regulations
           promulgated under this section, the President, upon the request
           of the Governor of a State or pursuant to an agreement with a
           State under paragraph (2), may obligate the Fund for payment
           in an amount not to exceed $250,000 for removal costs consist-
           ent with the  National Contingency Plan required for the imme-
           diate removal of a discharge, or the mitigation or prevention of
           a substantial threat of a discharge, of oil.
             (2) AGREEMENTS.—
                (A) IN  GENERAL.—The President shall enter into an agree-
              ment with the Governor of any interested State to establish
              procedures under which the G'overnor or a designated State
              official may receive payments from  the Fund for removal
              costs pursuant to paragraph (1).
                (B) TERMS.—Agreements under this paragraph—
                     (i) may include such terms and conditions  as may be
                  agreed upon by the President and the  Governor of a
                  State;
                    (ii) shall provide for political subdivisions of the State
                  to  receive payments for reasonable removal  costs: and
                    (iii) may authorize advance payments  from the Fund
                  to  facilitate removal efforts.
         (e) REGULATIONS.—The President shall—
             (1) not later than 6 months after the date of the enactment of
           this Act, publish proposed regulations detailing  the manner in
           which the  authority  to obligate the Fund and to enter into
           agreements under this subsection shall be exercised; and
             (2) not later than 3 months after the close of the comment
           period for  such proposed regulations, promulgate final  regula-
           tions for that purpose.
         (f) RIGHTS OF SUBROGATION.—Payment of any  claim or  obligation
      by the Fund under this Act shall  be subject to the United States
                39-139 O - SO - 2 1380)
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  104 STAT. 500           PUBLIC LAW 101-380—AUG. 18, 1990

                Government acquiring by subrogation all rights of the claimant or
                State to recover from the responsible party.
                  (g)  AUDITS.—The Comptroller General shall audit all payments,
                obligations, reimbursements, and other uses of the Fund, to assure
                that the Fund is being properly administered and that claims are
  Reports.        being appropriately and expeditiously considered. The Comptroller
                General  shall submit to the Congress an interim  report one  year
                after  the date of the enactment of this Act. The Comptroller General
                shall  thereafter audit the Fund as is appropriate. Each  Federal
                agency shall cooperate with the Comptroller General in carrying out
                this subsection.
                  (h) PERIOD OF LIMITATIONS FOR CLAIMS.—
                      (1) REMOVAL COSTS.—No claim may be presented under this
                    title for recovery of removal costs for an incident unless the
                    claim is presented within 6 years after the date of completion of
                    all removal actions for that incident.
                      (2) DAMAGES.—No claim may be presented under this section
                    for recovery of damages unless the claim is presented within 3
                    years after the date on which the injury and its connection with
                    the discharge in question were reasonably discoverable with the
                    exercise of due care, or in the case of natural resource damages
                    under section 1002(bX2XA), if later, the date of completion of the
                    natural resources damage assessment  under  section  1006(e).
                      (3)  MINORS  AND  INCOMPETENTS.—The time  limitations  con-
                    tained in this subsection shall not begin to run—
                          (A) against a minor until the earlier of the date when
                        such minor reaches 18 years of age or the  date on which a
                        legal  representative is duly appointed for the minor,  or
                          (B) against an incompetent person until the earlier of the
                        date on which such incompetent's incompetency ends or the
                        date on which a legal representative is duly appointed for
                        the incompetent.
                  (i) LIMITATION  ON PAYMENT FOR SAME COSTS.—In any  case  in
                which the President has paid an amount  from the Fund for any
                removal  costs or damages specified under subsection (a), no other
                claim may be paid from the Fund for the same removal costs  or
                damages.
                  (j) OBLIGATION IN ACCORDANCE WITH PLAN.—
                      (1)  IN  GENERAL.—Except  as provided  in  paragraph  (2),
                    amounts may be obligated from the  Fund for  the restoration,
                    rehabilitation, replacement, or acquisition of natural resources
                    only in accordance  with a plan adopted under section  1006(c).
                      (2) EXCEPTION.—Paragraph (1) shall not apply in a situation
                    requiring action to  avoid irreversible loss of natural resources
                    or to prevent  or reduce any continuing danger to natural re-
                    sources or similar need for emergency action.
                  (k)  PREFERENCE FOR PRIVATE PERSONS IN  AREA AFFECTED  BY DIS-
                CHARGE.—
                      (1) IN  GENERAL.—In the expenditure of Federal funds  for
                    removal of oil, including for distribution of supplies, construc-
                    tion, and other reasonable and appropriate activities, under a
                    contract or agreement with a private person, preference shall be
                    given, to the extent feasible and practicable, to private persons
                    residing or doing business primarily in the area affected by the
                    discharge of oil.
                      (2) LIMITATION.—This subsection shall not be considered  to
                    restrict the use of Department of Defense resources.
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                   PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 501
       SEC 1013. CLAIMS PROCEDURE.
         (a) PRESENTATION.—Except as provided in subsection (b), all claims
       for removal costs or damages shall be presented first to the respon-
       sible party or guarantor of the source designated under section
       1014(a).
         (b) PRESENTATION TO FUND.—
             (1) IN GENERAL.—Claims for removal costs or damages may be
           presented first to the Fund—
                 (A) if the President has advertised or otherwise notified
               claimants in accordance with section 1014(c);
                 (B) by a responsible party who may assert a claim under
               section 1008;
                 (C) by the Governor of a State for removal costs incurred
               by that State;  or
                 (D) by a United States claimant in a case where a foreign
               offshore unit has discharged oil causing damage for which
               the Fund is liable under section 1012(a).
             (2) LIMITATION ON PRESENTING CLAIM.—No claim of a person
           against the Fund may be  approved or certified during  the
           pendency of an action by the person in court  to recover costs
           which are the subject of the claim.
         (c) ELECTION.—If a claim is presented in accordance with subsec-
       tion (a) and—
             (1) each  person  to  whom the claim is presented denies all
           liability for the claim, or
             (2) the claim is not settled by any person  by payment within
           90 days after the date upon  which (A) the claim was presented,
           or (B)  advertising was begun pursuant to section 1014(b), which-
           ever is later,
       the claimant may elect to commence an action in court against the
       responsible party or guarantor or to  present the claim to the Fund.
         (d) UNCOMPENSATED  DAMAGES.—If a claim is presented in accord-
       ance with  this section and  full  and  adequate compensation is  un-
       available,  a claim for the  uncompensated  damages  and removal
       costs may be presented to the Fund.
         (e) PROCEDURE FOR CLAIMS AGAINST FUND.—The President shall
       promulgate, and may from time to time amend,  regulations for  the
       presentation,  filing, processing,  settlement,  and  adjudication  of
       claims under this Act against the Fund.
       SEC. 1014. DESIGNATION OF SOURCE AND ADVERTISEMENT.
         (a) DESIGNATION OF SOURCE AND NOTIFICATION.—When the Presi-
       dent receives information of an incident, the President shall, where
       possible  and appropriate, designate the source or sources of  the
       discharge or threat. If a designated source is a vessel or a facility,
       the President shall immediately notify the responsible party and the
       guarantor, if known, of that designation.
         (b) ADVERTISEMENT BY RESPONSIBLE PARTY OR GUARANTOR.—If a
       responsible party or guarantor fails to inform the President, within
       5 days after receiving notification of a designation under subsection
       (a), of  the party's or the guarantor's denial of the designation, such
       party  or guarantor shall  advertise the designation and the proce-
       dures by which claims  may be presented, in accordance with regula-
       tions  promulgated by the  President.  Advertisement  under  the
       preceding sentence shall begin no later than  15 days after the date
       of the designation made under subsection (a). If advertisement is  not
       otherwise  made in accordance with  this subsection, the President
                                                                       33 USC 2713.
  President of U.S.
  Regulations
  President of U.S.
  33 USC 2714
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  104 STAT. 502           PUBLIC LAW 101-380—AUG. 18, 1990

                shall promptly and at the expense of the responsible party or the
                guarantor involved, advertise the designation and the procedures by
                which claims may be presented to the responsible party or guaran-
                tor. Advertisement under this subsection shall continue for a period
                of no less than 30 days.
                  (c) ADVERTISEMENT BY PRESIDENT.—If—
                      (1) the  responsible  party and  the guarantor  both deny a
                    designation within 5 days after receiving notification of a des-
                    ignation under subsection (a),
                      (2) the source of the discharge or threat was a public vessel, or
                      (3) the President is unable to designate the source or sources
                    of the discharge or threat under subsection (a),
                the President shall advertise or otherwise notify potential claimants
                of the procedures by which claims may be presented to the Fund.

  33 USC 2715.     SEC. 1015. SUBROGATION.
                  (a) IN  GENERAL.—Any  person, including the Fund, who pays
                compensation pursuant to this Act to any claimant for removal costs
                or damages shall be subrogated to all rights, claims, and causes of
                action that the claimant has under any other law.
                  (b) ACTIONS ON BEHALF OF FUND.—At the request of the Secretary,
                the  Attorney General shall commence an action on behalf of the
                Fund to recover any compensation paid by the Fund to any claimant
                pursuant to this Act, and all costs incurred by the Fund by reason of
                the  claim, including  interest (including  prejudgment  interest),
                administrative and adjudicative costs, and attorney's fees. Such an
                action may be commenced against any responsible party or (subject
                to section 1016) guarantor, or against any other person who is liable,
                pursuant to any law, to the compensated claimant or to the Fund,
                for the cost or damages for which the compensation was paid. Such
                an  action shall be  commenced  against  the responsible  foreign
                government or other responsible party to  recover any removal costs
                or damages paid from the  Fund as the result of the  discharge, or
                substantial threat  of discharge, of oil from a foreign offshore unit.

  33 USC 2716.     SEC. 1016. FINANCIAL RESPONSIBILITY.
                  (a) REQUIREMENT.—The responsible party for—
                      (1) any vessel over 300 gross tons (except a non-self-propelled
                    vessel that does not carry oil as cargo or fuel)  using any place
                    subject to the jurisdiction  of the United States; or
                      (2) any vessel using the waters of the exclusive economic zone
                    to transship or lighter oil destined  for  a place subject to the
                    jurisdiction of the United States;
                shall  establish  and maintain,  in  accordance  with  regulations
                promulgated by the Secretary, evidence of financial responsibility
                sufficient to meet the maximum amount of liability to which, in the
                case of a tank vessel, the responsible party could be subject under
                section 1004 (aXD or (d) of this Act, or to which,  in the case of any
                other vessel, the responsible party could be subjected under section
                1004 (aX2) or (d), in  a case where the responsible  party  would be
                entitled to limit liability under that section. If the responsible party
                owns or operates more than one vessel, evidence of financial respon-
                sibility need be established only to meet the amount of the maxi-
                mum liability applicable to the vessel having the greatest maximum
                liability.
                  (b) SANCTIONS.—
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                  PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 503

            (1) WITHHOLDING CLEARANCE.—The Secretary of the Treasury
          shall withhold or revoke the clearance required by section 4197
          of the Revised  Statutes of the  United States  of any vessel
          subject to this section that does not have the evidence of finan-
          cial responsibility required for the  vessel under this section.
            (2) DENYING KNTEY TO OK DETAINING VESSELS.—The Secretary
          may—
                (A) deny entry to any vessel to any place  in the United
              States, or to the navigable waters, or
                (B) detain at the place,
          any vessel that, upon request, does not produce the evidence of
          financial responsibility required for the vessel under this sec-
          tion.
            (3) SEIZURE OF VESSEL.—Any vessel subject to the require-
          ments of this section which is found  in the navigable waters
          without the necessary evidence of financial responsibility for
          the vessel shall be subject to seizure  by and forfeiture to the
          United States.
        (c) OFFSHORE FACILITIES.—
            (1) IN GENERAL.—Except as provided in paragraph  (2), each
          responsible party with respect to an offshore facility shall estab-
          lish  and maintain  evidence of financial  responsibility  of
          8150,000,000  to  meet the  amount  of liability  to which the
          responsible party could be  subjected under section 1004(a) in a
          case in which the  responsible party would be entitled to limit
          liability under that section. In a case in which a person is the
          responsible party  for more than one facility subject to this
          subsection, evidence of financial  responsibility need be estab-
          lished only to meet the maximum  liability applicable to the
          facility having the greatest maximum liability.
            (2) DEEPWATER PORTS.—Each responsible party with respect to
          a deepwater port shall establish and maintain evidence of finan-
          cial responsibility sufficient to meet the maximum amount of
          liability to which the responsible party could be subjected under
          section 1004(a) of this Act in a case where the responsible party
          would be entitled  to limit liability  under that section. If the
          Secretary exercises  the authority under section 1004(dX2)  to
          lower the limit of liability  for deepwater ports, the responsible
          party shall establish and maintain evidence of financial respon-
          sibility sufficient to meet the  maximum amount of liability  so
          established. In a case in which a person is the responsible party
          for more than one deepwater port, evidence of financial respon-
          sibility need be established only to meet the maximum liability
          applicable to  the deepwater port having the greatest maximum
          liability.
        (e) METHODS OF  FINANCIAL RESPONSIBILITY.—Financial responsibil-
      ity under this section  may  be established by any one,  or by any
      combination, of the following methods which the Secretary (in the
      case of a vessel) or the President (in the case of a facility) determines
      to be acceptable: evidence of  insurance, surety bond, guarantee,
      letter of credit, qualification as a  self-insurer, or other evidence of
      financial responsibility. Any bond  filed shall be issued by a bonding
      company authorized to do business in the United States. In promul-
      gating requirements under this section, the Secretary or the Presi-
      dent, as appropriate, may specify policy or other contractual terms,
      conditions, or defenses  which are necessary, or which are unaccept-
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  104 STAT. 504           PUBLIC LAW 101-380—AUG. 18, 1990

                able, in establishing evidence of financial responsibility to effectuate
                the purposes of this Act.
                  (f) CLAIMS AGAINST GUARANTOR.—Any claim for which liability
                may be established under  section 1002 may be  asserted directly
                against any guarantor providing evidence of financial responsibility
                for a responsible party liable under that section for removal costs
                and damages to which the claim pertains. In defending against such
                a claim, the guarantor may invoke (1) all rights and defenses which
                would be available to the responsible party under this Act, (2) any
                defense authorized under subsection (e), and (3) the defense that the
                incident was caused  by the willful misconduct of the responsible
                party. The guarantor may not invoke any other defense that might
                be available in proceedings brought by the responsible party against
                the guarantor.
                  (g) LtMiTATipN ON GUARANTOR'S LIABILITY.—Nothing in  this Act
                shall impose liability with  respect to an incident on any guarantor
                for damages or removal costs which exceed, in the aggregate, the
                amount of financial  responsibility required under this  Act which
                that guarantor has provided for a responsible party.
                  (h) CONTINUATION OF REGULATIONS.—Any regulation relating to
                financial responsibility,  which has been issued pursuant to  any
                provision of law repealed or superseded by this Act, and which is in
                effect on the date immediately preceding the  effective date of this
                Act, is deemed  and shall  be construed to  be a regulation  issued
                pursuant to this section. Such a regulation shall remain in full force
                and effect unless and until superseded by a new regulation issued
                under this section.
                  (i) UNIFIED CERTIFICATE.—The Secretary may  issue a single  uni-
                fied certificate of financial responsibility for  purposes of  this  Act
                and any other law.

  33 USC 2717.     SEC. 1017. LITIGATION, JURISDICTION, AND VENUE.
                  (a) REVIEW OF REGULATIONS.—Review of any regulation promul-
                gated under this Act may be had upon application by any interested
                person only in the Circuit Court of Appeals of the United States for
                the District of Columbia. Any such application shall be made within
                90 days from the date of  promulgation of such regulations. Any
                matter with respect to which review could have been obtained under
                this subsection shall not be subject to judicial review in any civil or
                criminal proceeding for enforcement or to obtain damages or recov-
                ery of response costs.
                  (b) JURISDICTION.—Except as provided in  subsections (a) and (c),
                the United States district courts shall have exclusive original juris-
                diction over all controversies arising under this Act, without regard
                to the citizenship of the parties or the amount in controversy. Venue
                shall lie in any district in which the discharge or injury or damages
                occurred, or in which the defendant resides, may be found, has its
                principal office, or has appointed an agent for service of process. For
                the purposes of this section, the Fund shall reside in the District of
                Columbia.
                  (c) STATE COURT JURISDICTION.—A State trial court of competent
                jurisdiction  over claims  for removal costs or  damages, as defined
                under this Act, may consider claims under this Act or State law  and
                any final judgment of such court (when no longer subject to ordinary
                forms of review) shall be recognized, valid,  and enforceable for all
                purposes of this Act.
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                   PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 505

         (d)  ASSESSMENT  AND COLLECTION or  TAX.—The  provisions  of
       subsections  (a), (b), and (c) shall not apply to any controversy  or
       other matter resulting from the assessment or collection of any tax,
       or to the review of any regulation promulgated under the Internal
       Revenue Code of 1986.
         (e) SAVINGS PROVISION.—Nothing in this title shall apply to any
       cause of action or right of recovery arising from any incident which
       occurred prior to the date of enactment of this title. Such claims
       shall be adjudicated pursuant to the law applicable on the date of
       the incident.
         (f) PERIOD  OF LIMITATIONS.—
             (1) DAMAGES.—Except as  provided  in paragraphs (3) and (4),
           an action for damages under this Act shall be barred unless the
           action is brought within 3 years after—
                 (A) the date on which the loss  and the connection of the
               loss with the discharge  in question are reasonably discover-
               able with the exercise of due care, or
                 (B) in the case of natural resource damages under section
               1002(bX2XAL  the date   of  completion of  the  natural  re-
               sources damage assessment under section 1006(c).
             (2) REMOVAL COSTS.—An action for  recovery of removal costs
           referred to in  section 1002(bXl) must be commenced within 3
           years after completion of the removal action. In any such action
           described in this subsection, the court shall enter a declaratory
           judgment on liability for removal costs or damages  that will be
           binding  on any subsequent  action or  actions to recover further
           removal costs or damages. Except as otherwise provided in this
           paragraph,  an  action may  be commenced under this title for
           recovery of removal costs at any time  after such costs have been
           incurred.
             (3) CONTRIBUTION.—No action for  contribution  for any  re-
           moval costs  or  damages may be commenced more than 3 years
           after—
                 (A) the date of judgment in any action under this Act for
               recovery of such costs or damages, or
                 (B) the date of entry  of a judicially approved settlement
               with respect to such costs or damages.
             (4) SUBROGATION.—No action based  on  rights  subrogated
           pursuant to this Act by reason of payment of a claim may be
           commenced  under this Act  more than 3 years after the date of
           payment of such claim.
             (5) COMMENCEMENT.—The time limitations contained herein
           shall not begin  to run—
                 (A) against a minor  until the  earlier of the date when
               such minor reaches  18 years of age or the  date on which a
               legal representative is  duly appointed  for such minor, or
                 (B) against an incompetent person until the earlier of the
               date on which such incompetent's incompetency ends or the
               date on  which a  legal representative is duly appointed for
               such incompetent.

       SEC. 1018. RELATIONSHIP TO OTHER LAW.                             33 USC 2718.
         (a) PRESERVATION OF STATE AUTHORITIES; SOLID WASTE DISPOSAL
       ACT.—Nothing  in  this Act or  the Act of March  3, 1851 shall—
             (1) affect,  or  be construed or interpreted as  preempting, the
           authority of any State  or   political  subdivision thereof from
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   104 STAT. 506           PUBLIC LAW 101-380—AUG. 18, 1990

                     imposing any additional liability or requirements with respect
                     to—
                           (A) the discharge of oil or other pollution by oil within
                         such State; or
                           (B)  any removal activities in  connection with such  a
                         discharge; or
                       (2) affect, or be construed or interpreted to affect or modify in
                     any way the obligations or liabilities of any person under the
                     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law,
                     including common law.
                   (b)  PRESERVATION OF STATE FUNDS.—Nothing  in this Act or in
                  section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509)
                  shall  hi any way affect, or be construed to affect, the authority of
                  any State—
                       (1) to establish, or to continue in effect, a fund any purpose of
                     which is to pay for costs or damages arising out of, or directly
                     resulting  from, oil pollution  or  the substantial threat  of oil
                     pollution; or
                       (2) to require any person to contribute to such a fund.
                   (c) ADDITIONAL REQUIREMENTS AND LIABILITIES; PENALTIES.—Noth-
                  ing in this Act, the Act of March  3,  1851 (46 U.S.C. 183 et seq.), or
                  section 9509 of the Internal Revenue Code  of 1986 (26 U.S.C.  9509),
                  shall  in any way affect, or be construed to affect, the authority of
                  the United States or  any State or  political subdivision thereof—
                       (1) to impose additional liability or additional requirements;
                     or
                       (2) to impose, or to determine the  amount  of, any fine or
                     penalty (whether criminal or civil in nature) for any violation of
                     law;
                  relating to the discharge, or substantial threat of a discharge, of oil.
                   (d)  FEDERAL  EMPLOYEE  LIABILITY.—For  purposes  of section
                  2679(bX2XB) of title 28, United States Code,  nothing in this Act shall
                  be  construed to authorize or create a cause  of action against  a
                  Federal officer or employee in the officer's or employee's personal or
                  individual capacity for any act or  omission while acting within the
                  scope of the officer's or employee's office or employment.

   33 USC 2719.      SEC. 1019. STATE FINANCIAL RESPONSIBILITY.
                   A State  may enforce, on the navigable waters of the  State, the
                  requirements for evidence of financial responsibility under section
                  1016.

   33 USC 2701      SEC. 1020. APPLICATION.
                   This Act shall apply to an incident occurring  after the date of the
                  enactment of this Act.


                    TITLE II—CONFORMING AMENDMENTS

                  SEC. 2001. INTERVENTION ON THE HIGH SEAS ACT.
                   Section 17 of the Intervention  on  the High  Seas Act  (33 U.S.C.
                  1486) is amended to read as follows:
                   "SEC. 17. The Oil Spill Liability  Trust Fund shall be available to
                  the Secretary for actions taken under sections 5 and 7 of this Act."
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                 PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 507
      SEC 2002. FEDERAL WATER POLLUTION CONTROL ACT.
        (a) APPLICATION.—Subsections (f), (g), (h), and (i) of section 311 of
      the Federal Water Pollution Control Act (33 U.S.C. 1321) shall  not
      apply with respect  to any incident for which liability is established
      under section 1002 of this Act.
        (b) CONFORMING AMENDMENTS.—Section 311 of the Federal Water
      Pollution Control Act (33 U.S.C. 1321) is amended as follows:
            (1) Subsection (i) is  amended  by striking "(1)" after "(i)" and
         by striking paragraphs (2) and (3).
            (2) Subsection (k) is repealed. Any amounts remaining in  the
         revolving fund  established under that subsection shall be depos-
         ited in the Fund. The Fund shall assume all liability incurred
         by the revolving fund  established under that subsection.
            (3) Subsection (1) is  amended by striking the second sentence.
            (4) Subsection (p) is repealed.
            (5) The following is added at the end thereof:
        "(s) The Oil Spill Liability Trust  Fund established under section
      9509  of the Internal Revenue Code of 1986 (26 U.S.C. 9509) shall be
      available to  carry  out subsections  (b), (c),  (d), (jj, and (1) as those
      subsections apply  to discharges, and substantial threats  of  dis-
      charges, of oil. Any amounts received  by the United  States under
      this section shall be deposited in the Oil S'pill Liability Trust Fund.".

      SEC. 2003. DEEPWATER PORT ACT.
        (a) CONFORMING AMENDMENTS.—The Deepwater Port Act  of 1974
      (33 U.S.C. 1502 et seq.) is amended—
            (1) in section 4(cXD  by striking "section 18(1) of this Act;" and
         inserting "section 1016 of the Oil  Pollution Act of  1990"; and
            (2) by striking section 18.
        (b)  AMOUNTS  REMAINING  IN DEEPWATER  PORT  FUND.—Any
      amounts  remaining in  the Deepwater Port Liability Fund estab-
      lished under section  18(f) of the Deepwater Port Act of 1974  (33
      U.S.C. 1517(0) shall be deposited in the Oil Spill Liability Trust
      Fund established under section 9509 of the Internal Revenue Code of
      1986  (26  U.S.C.  9509).  The  Oil Spill  Liability Trust Fund shall
      assume all liability incurred by the  Deepwater Port Liability Fund.

      SEC.  2004. OUTER CONTINENTAL SHELF LANDS ACT  AMENDMENTS OF
                1978.
        Title HI of the Outer Continental Shelf Lands Act Amendments of
      1978  (43 U.S.C. 1811-1824) is repealed. Any amounts remaining in
      the Offshore Oil Pollution  Compensation Fund established under
      section 302 of that title (43 U.S.C. 1812) shall be deposited in the Oil
      Spill  Liability Trust  Fund  established under section 9509  of  the
      Internal  Revenue  Code  of 1986 (26 U.S.C  9509j.  The Oil Spill
      Liability  Trust  Fund  shall  assume all  liability  incurred  by  the
      Offshore Oil Pollution Compensation Fund.
  33 USC 1321
  note.
  33 USC 1321
  note.
  33 USC 1503.


  33 USC 1517.
  26 USC 9509
  nole.
  Repeal.


  26 USC 9509
  note
             TITLE III—INTERNATIONAL OIL
      POLLUTION PREVENTION  AND REMOVAL

      SEC 3001. SENSE OF CONGRESS REGARDING  PARTICIPATION IN INTER-
                NATIONAL REGIME.
        It is the sense of the Congress that it is in the best interests of the
      United States to participate in an international oil pollution liabil-
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                                            30

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  104 STAT. 508           PUBLIC LAW 101-380—AUG. 18, 1990

                ity and compensation regime that is at least as effective as Federal
                and State laws in preventing incidents and in guaranteeing full and
                prompt compensation for damages resulting from incidents.

                SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERA-
                           TION.
                  (a) REVIEW.—The Secretary of State shall review  relevant inter-
                national agreements and treaties with the Government of Canada,
                including the Great Lakes Water Quality Agreement, to determine
                whether amendments or additional international agreements are
                necessary to—
                      (1) prevent discharges of oil on the Great Lakes;
                      (2) ensure an immediate  and effective removal of oil on the
                    Great Lakes; and
                      (3) fully compensate those who are injured by a discharge of
                    oil on the Great Lakes.
                  (b) CONSULTATION.—In carrying out  this section, the Secretary of
                State shall consult  with the Department  of Transportation, the
                Environmental Protection Agency, the National Oceanic  and At-
                mospheric Administration,  the Great  Lakes States, the  Inter-
                national Joint Commission, and  other appropriate agencies.
                  (c) REPORT.—The Secretary of State shall submit a report to the
                Congress on  the results of the  review under this  section within 6
                months after the date of the enactment of this Act.

                SEC. 3003. UNITED STATES-CANADA  LAKE CHAMPLAIN  OIL SPILL CO-
                           OPERATION.
                  (a) REVIEW.—The Secretary of State shall review  relevant inter-
                national agreements and treaties with the Government of Canada,
                to determine whether  amendments  or  additional  international
                agreements are necessary to—
                      (1) prevent discharges of oil on Lake Champlain;
                      (2) ensure  an immediate and effective removal of oil on Lake
                    Champlain; and
                      (3) fully compensate those who are injured by a discharge of
                    oil on Lake Champlain.
  Vermont          (fc) CONSULTATION.—In carrying out  this section, the Secretary of
  New York.      State shall consult  with the Department  of Transportation, the
                Environmental Protection Agency, the National Oceanic  and At-
                mospheric  Administration,  the  States of  Vermont and New York,
                the International Joint Commission, and other appropriate agencies.
                  (c) REPORT.—The Secretary of State shall submit a report to the
                Congress on  the results of  the  review under this  section  within 6
                months after the date of the enactment of this Act.

                SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND
                           PERSONNEL.
                  The President shall encourage appropriate international organiza-
                tions to establish an  international inventory of spill removal equip-
                ment and personnel.

                SEC.  3005. NEGOTIATIONS  WITH CANADA  CONCERNING TUG ESCORTS IN
                           PUGET SOUND.
                  Congress urges the Secretary of State to  enter into negotiations
                with the Government of Canada to ensure that tugboat escorts are
                required for all tank vessels with a capacity over 40,000 deadweight
                tons in the Strait of Juan de Fuca and in Haro Strait.
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                PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 509


      TITLE IV—PREVENTION AND REMOVAL


                    Subtitle A—Prevention

    SEC. 4101. REVIEW OF ALCOHOL AND DRUG ABUSE AND OTHER MATTERS
               IN  ISSUING LICENSES,  CERTIFICATES  OF REGISTRY. AND
               MERCHANT MARINERS' DOCUMENTS.
      (a) LICENSES AND CERTIFICATES OF REGISTRY.—Section 7101 of title
    46, United  States Code, is amended by  adding at the  end the
    following:
      "(g) The Secretary may not issue a license or certificate of registry
    under this section  unless an individual applying for the license or
    certificate makes available to the Secretary,  under section  206(bX7)
    of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any
    information contained in the National Driver Register related to an
    offense described in section 205(aX3) (A) or (B) of that Act committed
    by the individual.
      "(h) The Secretary may review the criminal record of an individ-
    ual who applies for a license or  certificate  of registry under this
    section.
      "(i) The Secretary shall require the testing of an individual who
    applies for issuance or renewal of a license or certificate of registry
    under this chapter for use of a dangerous drug in violation of law or
    Federal regulation.".
      (b) MERCHANT MARINERS' DOCUMENTS.—Section 7302 of title 46,
    United States Code, is amended by adding at the end the following:
      "(c) The Secretary may not issue a merchant mariner's document
    under this chapter unless the individual applying for the document
    makes available to the Secretary,  under section  206(bX7) of the
    National  Driver Register  Act  of 1982 (23  U.S.C. 401 note), any
    information contained in the National Driver Register related to an
    offense described in section 205(aX3) (A) or (B) of that Act committed
    by the individual.
      "(d) The Secretary may review the criminal record of an individ-
    ual who applies for a  merchant mariner's document under this
    section.
      "(e) The  Secretary shall require  the  testing of an  individual
    applying for issuance or  renewal of a merchant mariner's document
    under this chapter for the use of a  dangerous drug in violation of
    law or Federal regulation.".

    SEC. 4102. TERM OF LICENSES, CERTIFICATES OF REGISTRY. AND MER-
               CHANT  MARINERS'  DOCUMENTS; CRIMINAL RECORD RE-
               VIEWS IN RENEWALS.
      (a) LICENSES.—Section 7106  of title 46, United  States  Code, is
    amended  by inserting "and may  be renewed for additional  5-year
    periods" after "is valid for 5 years".
      (b) CERTIFICATES OF REGISTRY.—Section 7107  of title 46, United
    States Code, is amended  by striking "is not limited in duration." and
    inserting "is valid  for 5 years and may be renewed for additional 5-
    year periods.".
      (c) MERCHANT MARINERS' DOCUMENTS.—Section 7302 of title 46,
    United States Code, is amended by adding at the end the following:
      "(f) A merchant  mariner's document issued under this chapter is
    valid for 5 years and may be renewed for additional 5-year periods.".
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 104 STAT. 510           PUBLIC LAW 101-380—AUG. 18, 1990

 46 use 7106        (d) TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND Docu-
 note-            MENTS.—A  license, certificate  of registry, or merchant mariner's
                document issued before the date of the enactment of this section
                terminates on the day it would have expired if—
                      (1) subsections (a), (b), and (c) were in effect on the date it was
                    issued; and
                      (2) it was  renewed at the end of each 5-year  period under
                    section  7106, 7107, or  7302 of title  46, United  States Code.
                  (e) CRIMINAL  RECORD REVIEW IN RENEWALS OF LICENSES AND
                CERTIFICATES OF REGISTRY.—
                      (1) IN GENERAL.—Section 7109 of title 46, United States Code,
                    is amended to read as follows:

                "§ 7109. Review of criminal records
                  "The Secretary may review the criminal record of each holder of a
                license or certificate of registry issued under this part who applies
                for renewal of that license or certificate of registry.'.
                      (2) CLERICAL AMENDMENT.—The analysis for chapter 71 of title
                    46, United States Code, is amended by striking the item relating
                    to section 7109 and inserting the following:

                "7109. Review  of criminal records.".

                SEC. 4103. SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES
                          OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS FOR
                          ALCOHOL AND DRUG ABUSE.
                  (a) AVAILABILITY  OF INFORMATION  IN  NATIONAL  DRIVER  REG-
                ISTER.—
                      (1) IN GENERAL.—Section 7702 of title 46, United States Code,
                    is amended by adding at the end the following:
                  "(cXD The Secretary shall request a holder of a license, certificate
                of registry,  or merchant mariner's document to make available to
                the Secretary, under section 206(bX4) of the  National Driver Reg-
                ister Act of 1982 (23 U.S.C.  401 note), all  information contained in
                the National  Driver Register  related to an offense  described  in
                section 205(aX3) (A) or (B) of that Act committed by the individual.
                  "(2)  The Secretary shall require the testing of the holder of a
                license, certificate of registry, or merchant mariner's  document for
                use of alcohol and dangerous drugs in  violation of law or Federal
                regulation. The testing may include preemployment (with respect to
                dangerous drugs  only), periodic, random, reasonable cause, and post
                accident testing.
                  "(dXD  The Secretary may temporarily, for not more  than 45 days,
                suspend  and take possession of the license, certificate of registry, or
                merchant mariner's document held by an individual if, when acting
                under the authority of that license, certificate, or document—
                      "(A) that individual performs a safety sensitive  function on a
                    vessel, as determined by the Secretary; and
                      "(B) there  is probable cause to believe that the individual—
                         "(i) has performed the safety sensitive function in viola-
                       tion of law or Federal regulation regarding use of alcohol or
                       a dangerous drug;
                         "(ii) has been convicted of an offense that would prevent
                       the issuance or renewal of the  license,  certificate,  or docu-
                       ment; or
                         "(iii) within the 3-year period preceding the initiation of a
                       suspension proceeding, has been convicted of an  offense
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                PUBLIC LAW 101-380—AUG. 18,  1990           104 STAT. 511

            described in section 205(aX3) (A) or (B)  of  the  National
            Driver Register Act of 1982.
      "(2) If a license, certificate, or document is temporarily suspended
    under this section, an expedited hearing under subsection (a) of this
    section shall be  held within 30 days after the temporary suspen-
    sion.".
          (2) DEFINITION OF DANGEROUS DRUG.—(A) Section 2101 of title
        46, United States Code, is amended by inserting after paragraph
        (8) the following new paragraph:
          "(8a) 'dangerous drug' means a narcotic drug, a controlled
        substance, or a  controlled substance analog (as defined in sec-
        tion  102 of the Comprehensive Drug Abuse and Control Act of
        1970 (21 U.S.C. 802)).".
          (B) Sections 7503(a) and 7704(a) of title 46, United States Code,
        are repealed.
      (b) BASES FOR SUSPENSION OR REVOCATION.—Section 7703 of title
    46, United States Code, is amended to read as follows:

    "§ 7703. Bases for suspension or revocation
      "A  license, certificate of registry, or merchant mariner's docu-
    ment  issued by the  Secretary  may be  suspended  or revoked  if the
    holder—
          "(1) when  acting under  the  authority of that license, certifi-
        cate, or document—
              "(A) has violated or fails to comply with this subtitle, a
            regulation prescribed under this subtitle, or any other law
            or  regulation  intended to promote marine  safety  or  to
            protect navigable waters; or
              "(B) has committed  an act of incompetence, misconduct,
            or negligence;
          "(2) is convicted of an offense that would prevent the issuance
        or renewal  of a license,  certificate of registry,  or merchant
        mariner's document; or
          "(3) within the 3-year period preceding the initiation of the
        suspension or revocation proceeding is convicted  of an offense
        described in section 205(aX3) (A) or (B) of the National Driver
        Register Act of 1982 (23 U.S.C. 401 note).".
      (c) TERMINATION  OF REVOCATION.—Section 7701(c) of title 46,
    United States Code, is amended to read as follows:
      "(c) When a license, certificate of registry, or merchant mariner's
    document has been  revoked under this chapter, the former holder
    may be  issued a new license, certificate  of registry,  or merchant
    mariner's document  only after—
          "(1) the Secretary  decides, under  regulations prescribed by  Regulations.
        the  Secretary, that the issuance is compatible with the require-
        ment of good discipline and safety at sea; and
          "(2) the former  holder  provides satisfactory proof that the
        bases for revocation are no longer valid.".

    SEC 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE.
      Section 8101 of title 46, United States Code, is amended by adding
    at the end the following:
      "(i)  When the 2 next most senior licensed officers on  a vessel
    reasonably believe that the master or individual in charge of the
    vessel is  under the influence of alcohol or a dangerous drug and is
    incapable of commanding  the  vessel, the next most senior master,
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  104 STAT. 512           PUBLIC LAW 101-380—AUG. 18, 1990

                 mate, or operator licensed under section 7101(c) (1) or (3) of this title
                 shall—
                       "(1) temporarily relieve the master or individual in charge;
                       "(2) temporarily take command of the vessel;
                       "(3) in the case of a vessel required to  have a log under
                     chapter 113 of this title, immediately enter the details of the
                     incident in the log; and
                       "(4) report those details to the Secretary—
                           "(A) by the most expeditious means available; and
                           "(B) in written form transmitted within 12 hours after
                         the vessel arrives at its next port.".

                 SEC. 4105. ACCESS TO NATIONAL DRIVER REGISTER
                   (a) ACCESS TO REGISTER.—Section 206(b) of the National  Driver
                 Register Act of 1982 (23 U.S.C. 401 note) is amended—
                       (1) by redesignating the second paragraph (5) (as added to the
                     end of that section by section  4(bXD of the Rail Safety Improve-
                     ment Act of 1988) as paragraph (6); and
                       (2) by adding at the end the following:
                   "(7XA) Any individual who holds or who has applied for a  license
                 or certificate of registry under section 7101 of title 46, United States
                 Code, or a merchant mariner's document under section 7302  of title
                 46,  United States  Code, may request  the  chief driver licensing
                 official of a State to transmit to the Secretary of the department in
                 which the Coast Guard is operating in accordance with subsection
                 (a) information regarding the motor vehicle driving record of the
                 individual.
                   "(B) The Secretary—
                       "(i)  may receive  information transmitted by the chief driver
                     licensing official of a State pursuant to a request under subpara-
                     graph (A);
                       "(ii) shall make the information available to the individual for
                     review and  written  comment before  denying,  suspending,  or
                     revoking the license, certificate of registry, or merchant mari-
                     ner's document of the individual based on that information and
                     before using that information in any action taken under chap-
                     ter 77 of title 46, United States Code; and
                       "(iii) may not otherwise divulge or  use  that information,
                     except for  the purposes of section 7101, 7302, or 7703 of title 46,
                     United States Code.
                   "(C) Information regarding the motor vehicle driving record of an
                 individual may  not be transmitted to the  Secretary under  this
                 paragraph if the information was entered in the Register more than
                 3 years before the date of the request for the information, unless the
                 information relates to  revocations or suspensions that are still in
                 effect on the  date of  the request. Information submitted  to the
                 Register by States under the Act  of July 14,  1960 (74 Stat. 526), or
                 under this title  shall  be subject to access for the purpose of this
                 paragraph during the  transition  to the Register described under
                 section 203(c) of this title.".
                   (b) CONFORMING AMENDMENTS.—
                       (1) REVIEW OF INFORMATION RECEIVED FROM REGISTER.—Chap-
                     ter 75 of title 46, United States Code, is amended by adding at
                     the end the following:
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                PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 513

    "§ 7505. Review of information in National Driver Register

      "The Secretary shall make information received  from the Na-
    tional Driver Register under section 206(bX7) of the National Driver
    Register Act of 1982 (23 U.S.C. 401 note) available to an individual
    for review and written comment before denying, suspending, revok-
    ing, or  taking  any other action relating to a license, certificate of
    registry, or merchant mariner's document authorized to be issued
    for that individual under this  part, based on that information.".
          (2)  PENALTY FOR  NEGLIGENT OPERATION OF  VESSEL.—Section
         2302(c) of title 46, United States Code, is amended by striking
         "intoxicated" and inserting "under the influence of alcohol, or a
         dangerous drug in  violation of a  law of the United States".
      (c) CLERICAL AMENDMENT.—The analysis for chapter 75 of title 46,
    United  States Code, is amended by adding at the end the following:

    "7505. Review of information in National Driver Register.".

    SEC 4106. MANNING STANDARDS FOR FOREIGN TANK VESSELS.
      (a) STAKDARDS FOR FOREIGN  TANK  VESSELS.—Section 9101(a) of
    title 46, United States Code, is amended to read as follows:
      "(aXD The Secretary  shall evaluate the  manning, training, quali-
    fication, and  watchkeeping standards  of a  foreign country  that
    issues documentation for any vessel to which chapter 37 of this title
    applies—
          "(A) on a periodic basis; and
          "(B) when the vessel is involved in a  marine casualty required
         to be  reported under section  6101(a) (4) or  (5)  of "this title.
      "(2) After each evaluation  made under paragraph  (1)  of this
    subsection, the Secretary shall determine whether—
          "(A)  the foreign  country has standards  for  licensing and
         certification of seamen that are at least equivalent  to United
         States law or international standards accepted by the United
         States; and
          "(B) those standards are being enforced.
      "(3) If  the  Secretary determines under this subsection  that  a
    country has failed to maintain or enforce standards at least equiva-
    lent to United States law or international standards accepted by the
    United  States,  the Secretary shall  prohibit vessels issued  docu-
    mentation by that country from entering the United States until the
    Secretary determines those standards have been established and are
    being enforced.
      "(4) The Secretary may allow provisional entry of a vessel prohib-
    ited from  entering the  United  States  under paragraph .(3)  of this
    subsection if—
          "(A) the owner or operator  of the vessel establishes, to  the
         satisfaction of the Secretary, that the vessel is not unsafe or a
         threat to the marine environment; or
          "(B) the entry is necessary for  the safety  of the vessel  or
         individuals on the vessel.".
      CD) REPORTING MARINE CASUALTIES.—
          (1)  REPORTING REQUIREMENT.—Section 6101(a) of title  46,
         United States Code,  is amended  by  adding  at  the end  the
         following:
          "(5) significant harm to the environment.".
          (2) APPLICATION TO FOREIGN VESSELS.—Section 6101(d) of title
         46, United States Code, is amended—
               (A) by inserting "(1)" before "This part"; and
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   104 STAT. 514           PUBLIC LAW 101-380—AUG. 18, 1990

                           (B) by adding at the end the following:
                   "(2)  This part applies,  to the extent consistent with generally
                 recognized principles of international law, to a foreign vessel con-
                 structed or adapted to carry, or that carries, oil in bulk as cargo or
                 cargo residue involved in a marine casualty described under subsec-
                 tion (a) (4) or (5) in waters subject to the jurisdiction of the United
                 States, including the Exclusive Economic Zone.".
                   (c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 9(a) of
                 the  Ports and  Waterways Safety Act  (33 U.S.C.  1228(a))  is
                 amended—
                       (1) in the matter preceding paragraph (1), by striking  "section
                     4417a  of the  Revised Statutes, as amended," and inserting
                     "chapter 37  of title 46, United States Code,";
                       (2) in paragraph (2), by striking "section 4417a of the Revised
                     Statutes, as amended," and inserting  "chapter 37 of  title 46,
                     United States Code,"; and
                       (3) in  paragraph (5), by striking "section  4417a(ll) of the
                     Revised Statutes, as amended,"  and inserting "section 9101 of
                     title 46, United States Code,".

                 SEC. 4107. VESSEL TRAFFIC SERVICE SYSTEMS.
                   (a) IN GENERAL.—Section 4(a) of the Ports and Waterways Safety
                 Act (33 U.S.C. 1223(a)) is amended—
                       (1)  by striking  "Secretary may—"  and  inserting  "Secre-
                     ary—";
                       (2) in paragraph (1) by striking "establish, operate, and main-
                     tain" and inserting "may construct, operate, maintain, improve,
                     or expand";
                       (3) in paragraph (2) by striking "require" and inserting  "shall
                     require appropriate";
                       (4) in  paragraph (3)  by  inserting "may"  before "require";
                       (5) in paragraph (4)  by inserting "may" before "control ; and
                       (6) in  paragraph (5)  by  inserting "may"  before "require".
                   (b) DIRECTION OF VESSEL MOVEMENT.—
                       (1) STUDY.—The Secretary shall conduct a study—
                           (A) of whether the Secretary should be given additional
                         authority  to direct the movement of vessels on navigable
                         waters and should exercise such authority; and
                           (B) to determine  and  prioritize the United  States ports
                         and  channels that  are in need of new,  expanded, or im-
                         proved vessel traffic service systems, by evaluating—
                               (i) the nature, volume, and frequency of vessel traffic;
                               (ii) the risks of collisions, spills, and damages associ-
                             ated with that traffic;
                               (iii) the impact of installation, expansion, or improve-
                             ment of a vessel traffic service system; and
                               (iv) all other relevant costs and data.
                       (2) REPORT.—Not later than  1 year after  the  date of the
                     enactment of this Act, the Secretary shall submit to the Con-
                     gress  a report on  the  results of the  study conducted  under
                     paragraph (.1)  and  recommendations for  implementing the re-
                     sults of that study.

                 SEC. 4108. GREAT LAKES PILOTAGE.
                   (a) INDIVIDUALS  WHO MAY SERVE AS PILOT ON UNDESIGNATED
                 GREAT LAKE WATERS.—Section 9302(b)  of  title 46,  United States
                 Code, is amended to read as follows:
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 515

     "(b) A member of the complement of a vessel of the United States
   operating on register or of a vessel of Canada may serve as the pilot
   required on waters not designated by the President if the member is
   licensed under section 7101 of this title, or under equivalent provi-
   sions of Canadian law, to direct the navigation of the vessel on the
   waters being navigated.".
     (b) PENALTIES.—Section  9308 of title 46, United  States Code, is
   amended in each of subsections (a), (b), and  (c) by  striking "S500"
   and inserting "no more than $10,000".

   SEC. 4109. PERIODIC GAUGING OF PLATING THICKNESS OF COMMERCIAL
              VESSELS.
     Not later than 1 year after the date of the enactment of this Act, Regulations.
   the  Secretary shall  issue  regulations for vessels  constructed  or
   adapted to carry,  or that carry, oil  in  bulk as  cargo  or  cargo
   residue—
         (1) establishing minimum standards for plating thickness; and
         (2)  requiring, consistent with  generally recognized  principles
        of international law, periodic gauging of the plating thickness of
        all  such vessels over 30 years old operating on the  navigable
        waters or the waters of the exclusive economic zone.
                        46 USC 3703
                        note.
   SEC 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DE-
              VICES.
     (a)  STANDARDS.—Not  later than  1 year  after the  date  of the
   enactment of this Act, the Secretary shall establish, by regulation,
   minimum standards for devices for warning persons of overfills and
   tank  levels of oil  in cargo tanks and devices for  monitoring the
   pressure of oil cargo tanks.
     (b) USE.—Not later than 1 year after the date of the enactment of
   this Act,  the Secretary shall issue regulations establishing, consist-
   ent  with  generally  recognized  principles  of international  law,
   requirements concerning the use of—
         (1) overfill devices, and
         (2) tank level or pressure monitoring devices,
   which are referred to in subsection (a) and which meet the standards
   established by the Secretary- under subsection (a),  on vessels con-
   structed or adapted to carry, or that carry,  oil in bulk as cargo or
   cargo residue on the  navigable waters and the waters of the exclu-
   sive economic zone.

   SEC 4111. STUDY ON TANKER NAVIGATION SAFETY STANDARDS.
     (a) IN GENERAL.—Not later than 1 year after the date of enact-
   ment of this Act, the Secretary shall initiate a study to determine
   whether existing laws and regulations are adequate to ensure the
   safe navigation of vessels transporting oil or hazardous substances
   in .bulk  on the navigable  waters  and the waters of the exclusive
   economic zone.
     (b) CONTENT.—In conducting the study required under subsection
   (a), the Secretary shall—
         (1) determine appropriate crew sizes on tankers;
         (2) evaluate  the  adequacy of qualifications  and training of
       crewmembers on  tankers;
         (3)  evaluate  the ability of crewmembers on  tankers to  take
       emergency actions to prevent or remove a discharge of oil or a
       hazardous substance from their tankers;
                        Regulations.
                        46 USC 3703
                        note.
                       46 USC 3703
                       note.
             3S-139O-90-3f3gO)
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  104 STAT. 516          PUBLIC LAW 101-380—AUG. 18, 1990

                      (4) evaluate the adequacy of navigation  equipment and sys-
                    tems on tankers (including sonar,  electronic chart display, and
                    satellite technology);
                      (5) evaluate and test electronic means of position-reporting
                    and identification on tankers, consider the minimum standards
                    suitable for equipment for that purpose, and determine whether
                    to require that equipment on tankers;
                      (6) evaluate  the adequacy of navigation procedures  under
                    different  operating conditions, including  such variables as
                    speed, daylight, ice, tides, weather, and other conditions;
                      (7) evaluate whether areas of navigable waters and the exclu-
                    sive economic zone should be  designated as zones where the
                    movement of tankers should be limited or prohibited;
                      (8) evaluate whether inspection standards are adequate;
                      (9) review and incorporate the results of past studies, includ-
                    ing studies conducted by the Coast Guard and the  Office of
                    Technology Assessment;
                      (10) evaluate the  use of computer simulator courses  for train-
                    ing bridge officers and pilots  of vessels  transporting  oil or
                    hazardous substances on the navigable waters and waters of the
                    exclusive  economic zone, and  determine  the  feasibility  and
                    practicality of mandating such training;
                      (11) evaluate  the size, cargo capacity,  and flag nation of
                    tankers transporting oil or hazardous substances on  the navi-
                    gable  waters and the waters of the exclusive economic zone—
                          (A) identifying changes occurring over the past 20 years
                        in such size and cargo capacity and in vessel navigation and
                        technology; and
                          (B) evaluating the extent  to which the risks or difficulties
                        associated  with tanker navigation, vessel  traffic control,
                        accidents, oil spills, and  the  containment and cleanup of
                        such spills are influenced by  or related  to an  increase hi
                        tanker size and cargo capacity; and
                      (12) evaluate and test a program of remote alcohol testing for
                    masters and pilots aboard tankers carrying significant quan-
                    tities of oil.
                  (c) REPORT.—Not later than 2 years after the date of enactment of
                 this Act, the Secretary shall transmit  to the Congress a report on
                 the results of the study conducted  under subsection (a), including
                 recommendations for implementing the results of that study.

                 SEC. 4112. DREDGE MODIFICATION STUDY.
                  (a) STUDY.—The Secretary of the Army shall conduct a study  and
                 demonstration to determine the feasibility of modifying dredges to
                 make them usable in  removing  discharges of oil  and hazardous
                 substances.
                  (b) REPORT.—Not later than 1 year after the date of enactment of
                 this Act, the Secretary of the Army shall submit to the Congress a
                 report on the results of the study conducted under subsection (a)  and
                 recommendations for implementing the results of that study.

  President of U.S.   SEC. 4113. USE OF LINERS.
                  (a)  STUDY.—The President shall  conduct a study to determine
                 whether liners or other secondary means of containment should be
                 used  to prevent  leaking or to aid in leak  detection  at onshore
                 facilities used for the bulk storage of oil and located near navigable
                 waters.

     39-139 O - 90 - 2 13801
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 517

      Cb) REPORT.—Not later than 1 year after the date of enactment of
    this Act, the President shall submit to the Congress a report on the
    results  of  the study  conducted  under subsection  (a) and rec-
    ommendations to implement the results of the study.
      (c) IMPLEMENTATION.—Not later than 6 months after the date the
    report required under subsection (b) is submitted  to the Congress,
    the President shall implement the recommendations contained in
    the report.

    SEC 4114. TANK VESSEL MANNING.                                   46 USC 3703
      (a)  RULEMAKING.—In  order  to  protect  life,  property,  and  the
    environment, the  Secretary shall initiate a rulemaking proceeding
    within 180 days after the date of the enactment of this Act to define
    the conditions under, and designate the waters upon, which tank
    vessels subject to  section  3703 of title  46, United States Code, may
    operate  in the  navigable waters  with the auto-pilot engaged  or
    with an unattended engine room.
      (b) WATCHES.—Section  8104 of title 46, United States Code, is
    amended by adding at the end the following new subsection:
      "(n) On a tanker,  a  licensed individual or seaman may not be
    permitted to work more than 15 hours  in any  24-hour period,  or
    more than 36 hours  in any 72-hour period, except  in an emergency
    or a drill. In this subsection, 'work'  includes any administrative
    duties associated with the vessel whether performed  on board the
    vessel or onshore.".
      (c) MANNING REQUIREMENT.—Section  8101(a)  of title  46, United
    States Code, is amended—
          (1) by striking "and" at the end of paragraph (1);
          (2) by striking the period at the  end of paragraph  (2) and
        inserting "; and'; and
          (3) by adding at the end the following new paragraph:
          "(3) a tank vessel shall consider the navigation,  cargo han-
        dling, and maintenance functions of that vessel for protection of
        life, property,  and the environment.".
      (d) STANDARDS.—Section 9102(a) of title 46, United States Code, is
    amended—
          (1) by striking "and" at the end of paragraph (6);
          (2) by striking the period at the  end of paragraph  (7) and
        inserting "; and"; and
          (3) by adding at the end the following new paragraph:
          "(8) instruction in vessel maintenance functions.".
      (e) RECORDS.—Section  7502 of title  46,  United  States Code,  is
    amended by striking "maintain records" and inserting "maintain
    computerized records".

    SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK
              VESSELS.
      (a) DOUBLE HULL REQUIREMENT.—Chapter 37  of title  46, United
    States Code, is amended by inserting after section 3703 the following
    new section:

    "§3703a. Tank vessel construction standards

      "(a) Except as otherwise provided in this section, a vessel to which
    this chapter applies shall be equipped with a double hull—
          "(1) if it is constructed or adapted to carry, or carries, oil in
       bulk as cargo or cargo residue; and
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    104 STAT. 518           PUBLIC LAW 101-380—AUG. 18, 1990

                        "(2) when operating on the waters subject to the jurisdiction
                      of the United States, including the Exclusive Economic Zone.
                    "(b) This section does not apply to—
                        "(1) a vessel used only to  respond to a discharge of oil or a
                      hazardous substance;
                        "(2) a vessel of less than  5,000 gross tons equipped with a
                      double containment system determined by the Secretary to be
                      as effective as a double hull for the prevention of a discharge of
                      oil; or
                        "(3) before January 1, 2015—
                            "(A) a vessel unloading oil  in bulk at a deepwater port
                          licensed under the Deepwater Port Act of 1974 (33  U.S.C.
                          1501 et seq.); or
                            "(B) a delivering vessel  that  is offloading in lightering
                          activities—
                                "(i) within a lightering zone established under section
                              3715(bX5) of this title; and
                                "(ii) more than 60  miles from  the  baseline from
                              which the territorial sea of the United States is meas-
                              ured.
                    "(cXD In this  subsection, the age of a vessel is determined from
                  the later of the date on which the vessel—
                        "(A) is delivered after original construction;
                        "(B) is delivered  after completion of a major conversion; or
                        "(C) had its appraised salvage value determined by the Coast
                      Guard and is qualified for documentation under section 4136 of
                      the Revised Statutes of the United  States  (46 App.  U.S.C.  14).
                    "(2) A vessel of less than 5,000 gross tons for which  a  building
                  contract or contract for major conversion was placed before June 30,
                  1990, and that is  delivered under that contract before January 1,
                  1994, and a vessel of less than 5,000 gross tons that had its appraised
                  salvage value determined by the  Coast Guard before June  30, 1990,
                  and that  qualifies for  documentation under section 4136 of  the
                  Revised Statutes of the United  States (46 App. U.S.C.  14)  before
                  January 1, 1994, may not operate  in  the navigable waters or  the
                  Exclusive Economic Zone of the United States after January 1, 2015,
                  unless the vessel is equipped with  a double  hull  or with  a double
                  containment system determined by the Secretary to be as  effective
                  as a double hull for the prevention of a discharge of oil.
                    "(3) A vessel for which a building contract or contract for major
                  conversion was placed before June 30, 1990, and that is delivered
                  under that contract before January  1, 1994, and a vessel that had its
                  appraised  salvage value determined by the Coast Guard before June
                  30, 1990, and that  qualifies for documentation under section 4136 of
                  the Revised Statutes of the United States (46 App. U.S.C. 14)  before
                  January 1, 1994, may not operate in the  navigable waters or Exclu-
                  sive Economic Zone of the United States  unless equipped with  a
                  double hull—
                        "(A) in the case of a vessel  of at least 5,000 gross tons but less
                      than 15,000 gross tons—
                            "(i) after January 1, 1995, if the vessel is 40 years old or
                          older and has a single hull, or is 45 years old or older and
                          has a double bottom or double sides;
                            "(ii) after January 1, 1996, if the vessel is 39 years old or
                          older and has a single hull, or is 44 years old or older and
                          has a double bottom or double sides;
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                  PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 519

                 "(iii) after January 1, 1997, if the vessel is 38 years old or
              older and has a single hull, or is 43 years old or older and
              h«« a double bottom or double sides;
                 "(iv) after January 1, 1998, if the vessel is 37 years old or
              older and has a single hull, or is 42 years old or older and
              has a double bottom or double sides;
                 "(v) after January 1, 1999, if the vessel is 36 years old or
              older and has a single hull, or is 41 years old or older and
              has a double bottom or double sides;
                 "(vi) after January 1, 2000, if the vessel is 35 years old or
              older and has a single hull, or is 40 years old or older and
              has a double bottom or double sides; and
                 "(vii) after January 1, 2005, if the vessel is 25 years old or
              older and has a single hull, or is 30 years old or older and
              has a double bottom or double sides;
             "(B) in the case of a vessel of at least 15,000 gross tons but less
          than 30,000 gross tons—
                 "(i) after  January 1, 1995, if the vessel is  40 years old or
              older and has a single hull, or is 45 years old or older and
              has a double bottom or double sides;
                 "(u) after January 1, 1996, if the vessel is 38 years old or
              older and has a single hull, or is 43 years old or older and
              has a double bottom or double sides;
                 "(iii) after January 1, 1997, if the vessel is 36 years old or
              older and has a single hull, or is 41 years old or older and
              has a double bottom or double sides;
                 "(iv) after January 1, 1998, if the vessel is 34 years old or
              older and has a single hull, or is 39 years old or older and
              has a double bottom or double sides;
                 "(v) after January 1, 1999, if the vessel is 32 years old or
              older and has a single hull, or  37 years old or older and has
              a double bottom or double sides;
                 "(vi) after January 1, 2000, if the vessel is 30 years old or
              older and has a single hull, or is 35 years old or older and
              has a double bottom or double sides;
                 "(vii) after January  1, 2001, if the vessel is 29 years old or
              older and has a single hull, or is 34 years old or older and
              has a double bottom or double sides;
                 "(viii) after January 1, 2002,  if the vessel is 28 years old or
              older and has a single hull, or is 33 years old or older and
              has a double bottom or double sides;
                 "(ix) after January 1, 2003, if the vessel is 27 years old or
              older and has a single hull, or is 32 years old or older and
              has a double bottom or double sides;
                 "(x) after January 1, 2004, if the vessel is 26 years old or
              older and has a single hull, or is 31 years old or older and
              has a double bottom or double sides; and
                 "(xi) after January 1, 2005, if the vessel is 25 years old or
              older and has a single hull, or is 30 years old or older and
              has a double bottom or double sides; and
             "(C) in the case of a vessel  of  at  least 30,000  gross tons—
                 "(i) after  January 1. 1995, if the vessel is 28 years old or
              older and has a single hull, or  33 years old or older and has
              a double bottom or double sides;
                 "(ii) after January 1, 1996, if the vessel is  27 years old or
              older and has a single hull, or is 32 years old or older and
              has a double bottom or double sides;
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   104 STAT. 520           PUBLIC LAW 101-380—AUG. 18, 1990

                           "(iii) after January 1, 1997, if the vessel is 26 years old or
                         older and has a single hull, or is 31 years old or older and
                         has a double bottom or double sides;
                           "(iv) after January 1, 1998, if the vessel is 25 years old or
                         older and has a single hull, or is 30 years old or older and
                         has a double bottom or double sides;
                           "(v) after January 1, 1999, if the vessel is 24 years old or
                         older and has a single hull, or 29 years old or older and has
                         a double bottom or double sides; and
                           "(vi) after January 1, 2000, if the vessel is 23 years old or
                         older and has a single hull, or is 28 years old or older and
                         has a double bottom or double sides.
                   "(4) Except as provided in subsection (b) of this section—
                       "(A) a vessel that has a single  hull may not operate after
                     January 1, 2010; and
                       "(B) a vessel that has a double bottom or double sides may not
                     operate after January 1, 2015.".
   46 USC 3703a      (b) RuLEMAKiNG.—The Secretary shall, within  12 months after the
   note.          date of the enactment of this Act, complete a rulemaking proceeding
                 and issue a final rule to require that tank vessels over 5,000 gross
                 tons affected  by section 3703a of title 46,  United States Code,  as
                 added by this section, comply until January 1, 2015, with structural
                 and operational requirements that  the Secretary determines will
                 provide as substantial protection to the environment as is economi-
                 cally and technologically feasible.
                   (c) CLERICAL AMENDMENT.—The analysis for chapter 37 of title 46,
                 United States Code, is amended by inserting after the item relating
                 to section 3703 the following:

                 "3703a. Tank vessel construction standards.".
                   (d) LIGHTERING REQUIREMENTS.—Section 3715(a) of title 46, United
                 States Code, is amended—
                       (1)  in  paragraph  (1), by striking "; and"  and  inserting a
                     semicplon;
                       (2)  in  paragraph (2), by  striking the period and inserting
                     "; and"; and                                               B
                       (3) by adding at the end the following:
                       "(3) the delivering and  the receiving vessel had on board  at
                     the time of transfer, a certificate of financial responsibility  as
                     would have been  required under section 1016 of the Oil Pollu-
                     tion Act of 1990, had the transfer taken place in a place subject
                     to the jurisdiction of the United States;
                       "(4) the delivering and  the receiving vessel had on board  at
                     the time of transfer, evidence that each vessel is  operating  in
                     compliance with section 311(j) of the Federal Water Pollution
                     Control Act (33 U.S.C. 1321(j)); and
                       "(5) the delivering and  the receiving vessel  are  operating  in
                     compliance with section 3703a of this title.".
   46 USC 3703a      (e) SECRETARIAL STUDIES.—
                       (1) OTHER REQUIREMENTS.—Not later than 6 months after the
                     date of enactment of this Act, the Secretary  shall  determine,
                     based on recommendations from the National Academy  of Sci-
                     ences or other qualified  organizations, whether other structural
                     and operational tank vessel  requirements will provide protec-
                     tion to the marine environment equal to or greater than that
                     provided by double hulls,  and shall report to the Congress that
                     determination and recommendations for legislative action.
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                   PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 521

             (2) REVIEW AND ASSESSMENT.—The Secretary shall—
                 (A) periodically review recommendations from the Na-
                tional Academy of Sciences and other qualified organiza-
                tions on methods for further increasing the environmental
                and operational safety of tank vessels;
                 (B) not later than 5 years after the date of enactment of
                this Act, assess the impact of this section on the safety of
                the marine environment and  the  economic viability and
                operational makeup of the maritime oil transportation in-
                dustry; and
                 (C) report the results of the review and assessment to the  Reports.
                Congress with recommendations for  legislative or  other
                action.
         (f) VESSEL FINANCING.—Section 1104 of the Merchant Marine Act
       of 1936 (46 App. U.S.C. 1274) is amended—
             (1) by striking "SEC. 1104." and inserting "SEC. 1104A."; and
             (2) by inserting after section 1104A (as redesignated by para-
           graph (1)) the following:
         "Ssc.  1104B.  (a)  Notwithstanding the provisions of  this title,  46 USC app.
       except as provided in subsection (d) of this section, the Secretary,  1274a
       upon the terms the Secretary  may prescribe, may guarantee  or
       make a commitment to guarantee,  payment of the principal of and
       interest  on an obligation  which aids in financing and refinancing,
       including reimbursement to an obligor  for expenditures previously
       made, of a contract for construction or reconstruction of a vessel  or
       vessels owned by citizens of the United States which are designed
       and  to  be employed  for  commercial  use in  the coastwise  or
       intercoastal trade or in foreign trade as defined in section 905 of this
       Act if—
             "(1)  the construction  or reconstruction by  an applicant  is
           made necessary to replace vessels  the  continued operation  of
           which is  denied by virtue  of  the  imposition  of a  statutorily
           mandated change in standards for the operation of vessels, and
           where, as a matter of law, the applicant would otherwise be
           denied the right to continue operating vessels in the trades  in
           which the applicant operated prior to the taking effect of the
           statutory or regulatory change;
             "(2) the applicant is  presently engaged  in transporting car-
           goes in vessels of the  type and class that will be constructed  or
           reconstructed under this section, and agrees to employ vessels
           constructed or reconstructed under  this section as replacements
           only for vessels made obsolete by changes in operating stand-
           ards imposed by statute;
             "(3)  the capacity of the vessels to  be  constructed or re-
           constructed under this title will not increase the cargo carrying
           capacity of the vessels being replaced;
             "(4) the Secretary  has not made a determination that the
           market demand for the vessel over its useful life will diminish
           so as to make the granting of the guarantee fiduciarily im-
           prudent; and
             "(5) the Secretary has considered  the  provisions of  section
           1104A(dXlXA) (iii), (iv), and (v) of this title.
         "(b) For the purposes of this section—
             "(1) the maximum term for obligations guaranteed under this
           program may not exceed 25 years;
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   104 STAT. 522           PUBLIC LAW 101-380—AUG. 18, 1990

                       "(2) obligations guaranteed may not exceed 75 percent of the
                     actual cost or depreciated actual cost to the applicant for the
                     construction or reconstruction of the vessel; and
                       "(3) reconstruction cost obligations may not be guaranteed
                     unless the vessel after reconstruction will have a useful life of
                     at least 15 years.
                   "(cXl) The Secretary shall  by rule require that the applicant
                 provide  adequate security  against default. The  Secretary  may, in
                 addition to any fees assessed under  section 1104A(e), establish  a
                 Vessel Replacement Guarantee Fund into  which shall be paid by
                 obligors under this section—
                       "(A) annual fees which may be an additional amount on the
                     loan guarantee fee in  section 1104A(e) not to exceed an addi-
                     tional 1 percent; or
                       "(B) fees based  on the amount of the obligation versus the
                     percentage of the obligor's fleet being replaced by vessels con-
                     structed or reconstructed under this section.
                   "(2) The  Vessel Replacement  Guarantee  Fund  shall  be  a
                 subaccount in the Federal Ship Financing Fund, and shall—
                       "(A) be  the depository for all moneys received by the Sec-
                     retary  under  sections 1101  through 1107  of this title with
                     respect to guarantee or commitments to guarantee made under
                     this section;
                       "(B) not include investigation fees  payable  under  section
                     1104A(f) which shall be paid to  the Federal Ship Financing
                     Fund; and
                       "(C) be the depository, whenever there shall be outstanding
                     any notes  or obligations issued by the Secretary under section
                     1105(d) with  respect  to  the Vessel Replacement  Guarantee
                     Fund, for all  moneys received by the Secretary under  sections
                     1101 through 1107 from applicants under this section.
                   "(d) The program created by this section shall, in addition to the
                 requirements of this section, be subject to the provisions of sections
                 1101 through  1103; 1104A(b)  (D, (4), (5),  (6);  1104A(e);  1104A(f);
                 1104A(h); and  1105 through 1107; except  that  the Federal Ship
                 Financing Fund is not liable for any guarantees or commitments to
                 guarantee issued under this section.".

                 SEC. 4116. PILOTAGE.
                   (a) PILOT REQUIRED.—Section 8502(g) of  title  46,  United States
                 Code, is amended to read as follows:
   Regulations.        "(gXD The Secretary shall designate by regulation the areas of the
   Alaska.         approaches to and waters of Prince William Sound, Alaska, if any,
                 on which a vessel subject to this section is not required to be under
                 the direction and control of a pilot licensed under section 7101 of
                 this title.
                   "(2) In any area of Prince William Sound, Alaska, where  a vessel
                 subject to this  section is required  to be under  the  direction and
                 control of a pilot licensed under section 7101 of this  title, the pilot
                 may not be a member of the crew of that vessel and shall be a pilot
                 licensed  by the State of Alaska who is operating under a  Federal
                 license, when the vessel is navigating waters between 60"49' North
                 latitude and the Port of Valdez, Alaska.".
                   (b) SECOND PERSON  REQUIRED.—Section 8502 of title 46, United
                 States Code, is amended by adding at the end the following:
                   "(h) The Secretary shall designate waters on which tankers over
                 1,600 gross tons subject to  this section shall have on the  bridge a
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                 PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 523
     master or mate licensed  to  direct and  control the vessel under
     section 7101lcXD of this title who is separate and distinct from the
     pilot required under subsection (a) of this section.".
       (c) ESCORTS FOR CERTAIN TANKERS.—Not later than 6 months after
     the  date of the enactment of this Act, the Secretary shall  initiate
     issuance of regulations under section 3703(aX3) of title 46, United
     States Code, to define those areas, including Prince William Sound,
     Alaska, and Rosario Strait and Puget Sound, Washington (including
     those portions of the Strait of Juan de Fuca east of Port Angeles,
     Haro Strait, and  the Strait  of  Georgia subject to United  States
     jurisdiction,), on which  single hulled tankers over  5,000 gross  tons
     transporting oil in bulk shall be escorted by at  least  two towing
     vessels (as defined under section 2101 of title 46, United States Code)
     or other vessels considered appropriate by the Secretary.
       (d) TANKER DEFINED.—In this section the term "tanker" has the
     same meaning the term has in section 2101 of title 46, United States
     Code.

     SEC 4117.  MARITIME POLLUTION  PREVENTION TRAINING PROGRAM
                STUDY.
       The Secretary shall conduct a study to determine the feasibility of
     a Maritime Oil Pollution Prevention Training program to be carried
     out  in  cooperation with  approved maritime training institutions.
     The study shall assess the costs and benefits of transferring suitable
     vessels to selected maritime  training institutions, equipping the
     vessels for oil spill response, and training students in oil pollution
     response skills. The study shall be completed and transmitted to the
     Congress  no later than one year after the date of the enactment of
     this Act.

     SEC 4118.  VESSEL COMMUNICATION EQUIPMENT REGULATIONS.
       The Secretary shall, not later than one year after the date of the
     enactment of this Act, issue  regulations necessary to ensure  that
     vessels subject to the  Vessel Bridge-to-Bridge Radiotelephone Act of
     1971 (33 U.S.C. 1203) are also equipped as necessary to—
           (1) receive radio marine navigation safety warnings; and
           (2) engage in radio communications on designated frequencies
          with  the Coast Guard, and such other vessels and stations  as
          may be specified by the Secretary.


                       Subtitle B—Removal
  Regulations.
  Alaska.
  Washington.
  46 USC 3703
  note.
  46 USC 3703
  note.
  46 USC app.
  1295 note.
  33 USC 1203
  note.
     SEC 4201. FEDERAL REMOVAL AUTHORITY.
       (a) IN GENERAL.—Subsection (c) of section 311 of the Federal
     Water Pollution Control Act (33 U.S.C. 1321(c)j is amended to read
     as follows:
       "(c) FEDERAL REMOVAL AUTHORITY.—
           "(1) GENERAL  REMOVAL  REQUIREMENT.—(A) The President
          shall, in accordance with the National Contingency Plan and
          any appropriate Area Contingency Plan, ensure effective and
          immediate removal of a discharge, and mitigation or prevention
          of a substantial threat of  a discharge,  of oil or a hazardous
          substance—
               "(i) into or on the navigable waters;
               "(ii) on the adjoining shorelines to  the navigable waters;
  President of U.S.
  Hazardous
  materials.
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                                             46

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   104 STAT. 524           PUBLIC LAW 101-380—AUG. 18, 1990

                           "(iii) into or on the waters of the exclusive economic zone;
                         or
                           "(iv) that may affect natural resources belonging to, ap-
                         pertaining to, or under the exclusive management author-
                         ity of the United States.
                       "(B)  In  carrying  out this paragraph, the  President may—
                           "(i) remove or arrange for the removal of a discharge, and
                         mitigate or prevent a  substantial threat of a discharge, at
                         any time;
                           "(ii) direct or monitor all Federal,  State,  and private
                         actions to remove a discharge; and
                           "(iii) remove and, if necessary, destroy a vessel discharg-
                         ing, or threatening to discharge, by whatever means are
                         available.
                       "(2) DISCHARGE POSING SUBSTANTIAL THREAT TO PUBLIC HEALTH
                     OR WELFARE.—(A) If a  discharge, or  a substantial threat of a
                     discharge, of oil or a hazardous substance from a vessel, offshore
                     facility, or onshore facility is of such a size or character as to be
                     a substantial threat to the public health or  welfare of the
                     United States (including but not limited to fish, shellfish, wild-
                     life, other natural resources, and the public and private beaches
                     and shorelines of the United States), the President shall direct
                     all Federal, State, and private actions to remove the discharge
                     or to mitigate or prevent the threat of the discharge.
                       "(B) In carrying out this paragraph, the President may,  with-
                     out regard to any other provision of law governing contracting
                     procedures or employment of personnel by the Federal Govern-
                     ment— .
                           "(i) remove or arrange for the  removal of the discharge,
                         or mitigate  or prevent the  substantial threat of the dis-
                         charge; and
                           "(ii) remove and, if necessary, destroy a vessel discharg-
                         ing, or threatening to discharge, by whatever means are
                         available.
                       "(3) ACTIONS  IN  ACCORDANCE  WITH NATIONAL CONTINGENCY
                     PLAN.—(A) Each Federal agency, State, owner or operator, or
                     other person participating  in efforts under this subsection shall
                     act  in  accordance with the National  Contingency Plan or as
                     directed by the President.
                       "(B) An  owner or operator participating in efforts under this
                     subsection shall  act in accordance with the  National Contin-
                     gency Plan and  the applicable response plan required under
                     subsection (j), or as directed by the President.
                       "(4) EXEMPTION FROM LIABILITY.—(A) A person is not liable for
                     removal costs or damages which result from actions taken or
                     omitted to be taken in the course of rendering care, assistance,
                     or advice consistent with the National Contingency Plan  or as
                     otherwise directed by the President.
                       "(B) Subparagraph (A) does not apply—
                           "(i) to a responsible party;
                           "(ii) to a  response  under the Comprehensive Environ-
                         mental Response, Compensation, and Liability Act of 1980
                         (42 U.S.C. 9601 et seq.);
                           "(iii) with respect to personal injury or wrongful death; or
                           "(iv) if the person  is grossly  negligent  or  engages  in
                         willful misconduct.
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                PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 525

          "(O A responsible party is liable for any removal costs and
        damages that another person is relieved of under Bubparagraph
        (A).
          "(5) OBLIGATION AND LIABILITY OF OWNER OH OPERATOR NOT
        AFFECTED.—Nothing in this subsection affects—
              "(A) the obligation of an owner  or operator to  respond
            immediately to a discharge, or the threat of a discharge, of
            oil; or
              "(B) the liability of a responsible  party under  the Oil
            Pollution Act of 1990.
          "(6) RESPONSIBLE PARTY DEFINED.—For purposes of this subsec-
        tion, the term  'responsible party' has the meaning given that
        term  under section  1001 of the Oil  Pollution Act  of 1990.".
      (b) NATIONAL CONTINGENCY PLAN.—Subsection (d) of section 311 of
    the Federal Water Pollution  Control  Act (33 U.S.C. 132l(d)) is
    amended to read as follows:
      "(d) NATIONAL CONTINGENCY PLAN.—
          "(1) PREPARATION BY PRESIDENT.—The  President shall  prepare
        and publish a National Contingency Plan for removal of oil and
        hazardous substances pursuant to this section.
          "(2) CONTENTS.—The National Contingency Plan shall provide
        for efficient,  coordinated, and effective action  to minimize
        damage from oil and hazardous substance discharges, including
        containment, dispersal, and removal of oil and hazardous sub-
        stances, and shall include, but not be limited to, the following:
              "(A) Assignment of duties and  responsibilities  among
            Federal departments and agencies in coordination with
            State and local agencies and port  authorities including, but
            not limited to. water pollution control and conservation and
            trusteeship of natural resources (including  conservation of
            fish and wildlife).
              "(B) Identification, procurement,  maintenance, and stor-
            age of equipment and supplies.
              "(C) Establishment or designation of Coast Guard  strike
            teams, consisting of—
                  "(i) personnel who shall be  trained, prepared, and
                available to  provide necessary services to carry out the
                National Contingency Plan;
                  "(ii)  adequate oil and hazardous substance pollution
                control equipment and material; and
                  "(iii) a detailed oil and hazardous substance pollution
                and  prevention plan,  including  measures to protect
                fisheries and wildlife.
              "(DJ A  system  of surveillance and notice  designed  to
            safeguard against as well  as ensure earliest possible notice
            of discharges of oil and hazardous substances and imminent
            threats of such  discharges to  the  appropriate State and
            Federal agencies.
              "(E) Establishment of a national center to provide co-
            ordination and direction for operations in carrying out the
            Plan.
              "(F) Procedures and techniques to be employed in identi-
            fying, containing, dispersing, and  removing oil and hazard-
            ous substances.
              "(G) A schedule, prepared in cooperation with the States,
            identifying—
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   104 STAT. 526
   Fish and fishing.
   Wildlife.
    PUBLIC LAW 101-380—AUG. 18, 1990

      "(i) dispersants, other chemicals, and other spill miti-
    gating devices and substances, if any, that may be used
    in carrying out the Plan,
      "(ii) the waters in which such  dispersants, other
    chemicals, and other spill mitigating devices and sub-
    stances may be used, and
      "(iii) the quantities of such dispersant, other chemi-
    cals, or other spill mitigating device or substance which
    can be used safely in such waters,
which schedule shall provide in the case of any dispersant,
chemical, spill mitigating device or substance, or waters not
specifically identified in such schedule that  the President,
or his delegate, may, on a case-by-case basis, identify the
dispersants, other  chemicals,  and  other spill mitigating
devices and substances which may  be used, the waters in
which they may be used, and the quantities which can be
used safely in  such waters.
  "(H) A system whereby the State or States affected by a
discharge of  oil  or hazardous  substance may act where
necessary to  remove such discharge and  such  State  or
States may be reimbursed in accordance with the Oil Pollu-
tion Act of 1990,  in the case of any  discharge of oil from a
vessel or facility, for  the reasonable costs incurred for that
removal, from the Oil Spill Liability Trust Fund.
  "(I) Establishment of criteria and procedures to ensure
immediate and effective Federal identification of, and re-
sponse  to, a discharge, or the threat of a discharge, that
results  in a  substantial threat to the  public health  or
welfare of the United States, as required under subsection
(cX2).
  "(J)  Establishment of  procedures and  standards  for
removing a worst case discharge of oil, and for mitigating or
preventing a substantial threat of such a discharge.
  "(K) Designation of the Federal official who shall be the
Federal On-Scene Coordinator for each area for which an
Area  Contingency Plan  is required to be prepared under
subsection (j).
  "(L) Establishment of procedures for the coordination of
activities of—
      "(i) Coast  Guard strike teams established under
    subparagraph (C);
      "(ii) Federal On-Scene Coordinators designated under
    subparagraph (K);
      "(iii)  District  Response Groups established under
    subsection (j); and
      "(iv) Area Committees established under subsection
    (j).
  "(M)  A fish and  wildlife  response plan, developed  in
consultation with the United States Fish and Wildlife Serv-
ice, the National Oceanic and Atmospheric Administration,
and other interested parties (including State fish and wild-
life conservation officials), for the immediate and effective
protection, rescue, and rehabilitation of, and  the minimiza-
tion of risk of damage to, fish and  wildlife  resources and
their habitat that are harmed or that may be jeopardized by
a discharge.
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                PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 527

           "(3) REVISIONS AND AMENDMENTS.—The President may, from
         time to time, as the President deems advisable, revise or other-
         wise amend the National Contingency Plan.
           "(4) ACTIONS IN  ACCORDANCE WITH  NATIONAL  CONTINGENCY
         PLAN.—After publication of the National Contingency Plan, the
         removal of oil and hazardous substances and actions to mini-
         mize damage from oil and hazardous substance discharges shall,
         to the greatest extent possible, be in accordance with the Na-
         tional Contingency Plan.".
       (b) DEFINITIONS.— Section 311(a) of the Federal Water Pollution
     Control Act (33 U.S.C. 1321(a)) is amended—
           (1) in paragraph (8), by inserting "containment and"  after
         "refers to"; and
           (2) in paragraph (16) by striking the period  at the end and
         inserting a semicolon;
           (3) in paragraph (17)—
               (A)  by striking  "Otherwise" and  inserting "otherwise";
             and
               (B)  by striking  the period at the end and inserting a
             semicolon; and
           (4) by adding at the end the following:
           "(18) 'Area Committee' means an Area Committee established
         under subsection (j);
           "(19) 'Area Contingency Plan' means an Area Contingency
         Plan prepared under subsection (j);
           "(20) 'Coast Guard District Response Group' means a Coast
         Guard District Response Group established under subsection (j);
           "(21) 'Federal  On-Scene Coordinator'  means a Federal On-
         Scene Coordinator  designated in  the  National  Contingency
         Plan;
           "(22) 'National Contingency Plan' means the National Contin-
         gency Plan prepared and published under subsection (d);
           "(23) 'National Response Unit'  means the National Response
         Unit established under subsection (j); and
           "(24) 'worst case discharge' means—
               "(A) in  the case of a vessel,  a discharge in  adverse
             weather conditions of its entire cargo; and
               "(B) in the case of an offshore facility or onshore facility,
             the largest foreseeable discharge in adverse weather condi-
             tions.".
       (c) REVISION OF NATIONAL CONTINGENCY PLAN.—Not later than  33 USC 1321
     one year after the  date of the enactment of this Act,  the President  note
     shall revise and republish the National Contingency Plan nrepared
     under section  311(cX2) of the Federal Water Pollution Control Act
     (as in effect immediately before  the  date of the enactment of this
     Act) to implement the amendments made by this section and section
     4202.

     SEC 4202. NATIONAL PLANNING AND RESPONSE SYSTEM.
       (a) IN GENERAL.—Subsection (j) of section  311 of the Federal Water
     Pollution Control Act (33 U.S.C. 1321(j)) is amended—
           (1) by striking "(j)" and inserting the following:
       "(j) NATIONAL RESPONSE SYSTEM.—";
           (2) by moving paragraph (1) so as to begin immediately below
         the  heading for subsection (j) (as  added by paragraph (1) of this
         subsection);
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   104 STAT. 528
   Uniformed
   services.
   North Carolina.
   Public
   information.
   Records.
       PUBLIC LAW 101-380—AUG. 18, 1990

  (3) by moving paragraph (1) two ems to the right, so the left
margin of that  paragraph is  aligned  with  the left margin of
paragraph (2) of that subsection (as added by paragraph (6) of
this subsection);
  (4) in paragraph (1) by striking "(1)"  and inserting the follow-
ing:
   (1) IN GENERAL.—";
  (5) by striking paragraph (2); and
  (6) by adding at the end the following:
  "(2) NATIONAL RESPONSE UNIT.—The  Secretary of the depart-
ment in which  the Coast  Guard is operating shall establish a
National Response Unit at Elizabeth City, North Carolina. The
Secretary, acting through the National  Response Unit—
      "(A) shall compile and  maintain a comprehensive com-
    puter list of spill removal resources, personnel,  and equip-
    ment  that  is  available worldwide and within the  areas
    designated  by  the  President  pursuant to  paragraph (4),
    which shall be available to Federal and State agencies and
    the public;
      "(B) shall provide technical  assistance, equipment, and
    other resources requested  by a Federal On-Scene Coordina-
    tor;
      "(C) shall coordinate use of private and public personnel
    and equipment to remove a worst case discharge,  and to
    mitigate or prevent a substantial threat  of such a discharge,
    from a vessel, offshore facility, or onshore facility operating
    in or near an area designated by the President pursuant to
    paragraph (4);
      "(D) may provide technical assistance in the preparation
    of Area Contingency  Plans required under paragraph (4);
      "(E) shall administer Coast  Guard strike teams  estab-
    lished under the National Contingency Plan;
      "(F) shall maintain on  file  all Area  Contingency  Plans
    approved by the President under this subsection; and
      "(G) shall review each  of those plans  that  affects  its
    responsibilities under this  subsection.
  "(3)  COAST GUARD DISTRICT  RESPONSE GROUPS.—(A) The Sec-
retary of the department in which the Coast Guard is operating
shall  establish  in  each Coast Guard  district a Coast  Guard
District Response Group.
  "(B) Each Coast Guard District Response Group shall consist
of—
      "(i)  the Coast Guard personnel and equipment, including
    firefighting  equipment, of each port within the district;
      "(ii) additional preposiuoned equipment; and
      "(iii) a district response advisory  staff.
  "(C) Coast Guard district response groups—
      "(i)  shall  provide technical  assistance, equipment, and
    other resources  when  required  by  a  Federal On-Scene
    Coordinator;
      "(ii) shall maintain all Coast Guard response  equipment
    within its district;
      "(iii) may provide technical assistance in the preparation
    of Area Contingency  Plans required under paragraph (4);
    and
      "(iv) shall review each of those plans  that affect its area
    of geographic responsibility.
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                 PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 529
            "(4) AREA COMMITTEES AND AREA CONTINGENCY PLANS.;—(A)  Establishment.
         There is established for each area designated by the President
         an Area Committee  comprised of members appointed  by the
         President from qualified personnel of Federal, State, and local
         agencies.
            "(B) Each Area Committee, under the direction of the Federal
         On-Scene Coordinator for its area, shall—
                "(il prepare for its area the Area Contingency Plan re-
              quired under subparagraph (C);
                "(ii) work with State and local  officials to enhance the
              contingency  planning  of those  officials and to  assure
              preplanning of joint response efforts, including appropriate
              procedures for mechanical  recovery, dispersal, shoreline
              cleanup, protection of  sensitive environmental areas, and
              protection, rescue,  and  rehabilitation of fisheries and wild-
              life: and
                "(iii) work  with State and local officials to expedite deci-
              sions for the use of dispersants and other mitigating sub-
              stances and devices.
            "(C) Each Area Committee shall prepare  and submit  to the
         President for approval an Area Contingency Plan for its area.
         The Area Contingency Plan shall—
                "(i) when implemented in conjunction with the National
              Contingency  Plan,  be  adequate to remove a  worst case
              discharge, and to mitigate or prevent a substantial threat of
              such a discharge, from a vessel, offshore facility, or onshore
              facility operating in or near the area;
                "(ii) describe the area covered by the plan, including the
              areas of special economic or environmental importance that
              might be damaged by a discharge;
                "viii) describe in detail the responsibilities of an owner or
              operator and of Federal, State, and local agencies in remov-
              ing a discharge, and in mitigating or preventing a suostan-
              tial threat of a discharge;
                "(iv)  list  the  equipment  (including firefighting  equip-
              ment), dispersants or other  mitigating substances and de-
              vices, and personnel available to an owner or operator and
              Federal, State, and local agencies, to ensure an effective
              and immediate removal of a discharge, and to ensure miti-
              gation or prevention of a substantial threat of a discharge;
                "(v) describe the procedures to be followed for obtaining
              an expedited decision  regarding  the  use  of dispersants;
                "tvi)  describe in detail how  the plan is integrated into
              other Area Contingency Plans and vessel, offshore facility,
              and onshore facility response plans approved under this
              subsection, and into operating procedures of the  National
              Response Unit;
                "(vii)  include any other information the President re-
              quires; and
                "(viii) be  updated periodically by the Area Committee.
            "(D) The President  shall—
                "(i) review and approve Area Contingency Plans under
              this paragraph; and
                "(ii) periodically review Area Contingency Plans  so ap-
              proved.
            "(5) TANK VESSEL  AND  FACILITY RESPONSE PLANS.—(A) The  Regulations.
         President shall issue regulations  which require  an owner or
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   104 STAT. 530
   President of U.S.
        PUBLIC LAW 101-380—AUG. 18, 1990

operator of a tank vessel or facility described in subparagraph
(B) to prepare and submit to the President a plan for respond-
ing, to  the maximum extent practicable, to a worst case dis-
charge, and to a substantial threat of such a discharge, of oil or
a hazardous substance.
  "(B) The tank vessels and facilities referred to in subpara-
graph (A) are the following:
      "(i) A tank vessel, as defined under section 2101 of title
    46, United States Code.
      "(ii) An offshore facility.
      "(iii) An  onshore facility that,  because of its location,
    could reasonably be expected to  cause substantial harm to
    the environment by discharging into or on the navigable
    waters,  adjoining shorelines,  or  the  exclusive  economic
    zone.
  "(C) A response plan required under this paragraph  shall—
      ."(i) be consistent with the requirements of the National
    Contingency Plan and Area Contingency Plans;
      "(ii) identify the qualified individual having full author-
    ity to  implement removal actions, and  require immediate
    communications  between  that individual and the appro-
    priate Federal official  and the persons providing personnel
    and equipment pursuant to clause (iii);
      "(iii) identify, and ensure by  contract or  other means
    approved by  the President  the  availability  of, private
    personnel and equipment necessary to remove to the maxi-
    mum extent practicable a worst case discharge (including a
    discharge resulting from fire or explosion), and to mitigate
    or prevent a substantial threat of such a discharge;
      "(iv) describe the training, equipment  testing, periodic
    unannounced drills, and response actions of persons on the
    vessel  or at the facility, to be carried out under the plan to
    ensure the safety of the vessel or facility and to mitigate or
    prevent  the discharge, or the substantial threat of a  dis-
    charge;
      "(v) be updated periodically; and
      "(vi)  be  resubmitted for  approval of  each significant
    change.
  "(D) With  respect to any  response plan submitted under this
paragraph for an  onshore  facility that, because of its location,
could reasonably be expected to cause  significant and substan-
tial harm  to the  environment by discharging into or  on  the
navigable waters or adjoining shorelines or the exclusive eco-
nomic zone,  and with respect to each response plan submitted
under this paragraph for a tank vessel or offshore facility, the
President shall—
      "(i) promptly review such response plan;
      "(ii)  require amendments to any  plan that does  not meet
    the requirements of this paragraph;
      "(iii) approve any plan that meets the requirements of
    this paragraph; and
      "(iv) review each plan periodically thereafter.
  "(E) A tank vessel,  offshore facility, or onshore facility re-
quired to prepare a response plan under this subsection may not
handle, store, or transport oil unless—
      "(i) in  the  case  of  a tank vessel,  offshore  facility,  or
    onshore  facility for which a response plan is reviewed by
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                PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 531
            the President under subparagraph (D), the plan has been
            approved by the President; and
               (ii) the vessel or facility is operating in compliance with
            the plan.
          "(F) Notwithstanding subparagraph (E), the President may
        authorize a tank  vessel, offshore facility, or onshore facility to
        operate without  a response plan approved  under this para-
        graph, until not later than 2 years after the date of the submis-
        sion to the President of a  plan for the tank vessel or facility, if
        the owner or operator  certifies that the owner or operator has
        ensured by contract or other means approved by the President
        the availability of private personnel and equipment necessary
        to respond, to the maximum extent practicable, to a worst case
        discharge or a substantial threat of such a discharge.
          "(G) The owner or  operator of a tank vessel, offshore facility,
        or onshore facility may not claim as a defense to liability under
        title I of the Oil Pollution Act of 1990 that the  owner or operator
        was acting  in  accordance  with  an approved response plan.
          "(H) The Secretary shall  maintain, in  the  Vessel Identifica-
        tion System established under chapter 125 of title 46,  United
        States Code, the dates of approval and review of a response plan
        under this paragraph for each tank vessel that is a vessel of the
        United States.
          "(6) EQUIPMENT REQUIREMENTS AND INSPECTION.—Not  later  President of U.S
        than 2 years after the date of enactment of this  section, the
        President shall require—
              "(A) periodic inspection of containment  booms, skimmers,
            vessels,  and  other major equipment  used to  remove dis-
            charges; and
              "(B) vessels operating on navigable waters and carrying
            oil  or a  hazardous substance in bulk as cargo to carry
            appropriate removal equipment that employs the best tech-
            nology economically  feasible  and that is compatible with
            the safe operation of the vessel.
          "(7) AREA DRILLS.—The  President shall periodically  conduct
        drills of removal  capability, without prior notice, in areas for
        which Area Contingency Plans are required under this  subsec-
        tion and under relevant tank vessel and facility response plans.
        The drills may include  participation by Federal, State, and local
        agencies, the owners and  operators of vessels and facilities in
        the area, and  private industry.  The  President may  publish
        annual  reports on these  drills, including assessments of the
        effectiveness of the plans and  a  list  of amendments made to
        improve plans.
          "(8) UNITED STATES  GOVERNMENT NOT LIABLE.—The  United
        States Government is not liable for any damages arising from
        its actions or omissions relating to any response plan required
        by this section.".
      (b) IMPLEMENTATION.—
          (1) AREA COMMITTEES AND  CONTINGENCY PLANS.—(A) Not later
        than 6 months after  the date of the enactment of this Act, the
        President shall designate the areas for which  Area  Committees
        are established under section  311(jX4) of the Federal Water
        Pollution Control Act,  as  amended by this Act. In  designating
        such areas, the President shall ensure that all  navigable waters,
        adjoining shorelines,  and waters of the exclusive economic zone
        are subject to an Area Contingency Plan under that  section.
  President of UJS.
  33 USC 1321
  note.
  President of U.S.
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    104 STAT. 532
PUBLIC LAW 101-380—AUG. 18, 1990
                        (B) Not later than 18 months after the date of the enactment
                      of this Act, each Area Committee established under that section
                      shall submit to  the President the Area Contingency Plan re-
                      quired under that section.
                        (O Not later than 24 months after the date of the enactment
                      of this Act, the President shall—
                            (i) promptly review each plan;
                            (ii) require amendments to any plan that does not meet
                          the requirements of section 3ll(jX4; of the Federal Water
                          Pollution Control Act; and
                            (iii) approve each  plan that meets the requirements of
                          that section.
    Establishment.          (2) NATIONAL RESPONSE UNIT.—Not later than  one year after
                      the date of the enactment of  this Act, the Secretary of the
                      department in which the Coast Guard is operating shall estab-
                      lish  a National  Response  Unit in accordance with  section
                      311(jX2) of the Federal Water Pollution Control Act, as amended
                      by this Act.
    Establishment.          (3) COAST GUARD DISTRICT RESPONSE GROUPS.—Not later than 1
                      year after the date of the enactment of this Act, the Secretary of
                      the department  in  which the Coast Guard is operating shall
                      establish Coast Guard District Response Groups in accordance
                      with section  311(jX3) of the  Federal Water Pollution  Control
                      Act, as amended by this Act.
    President of U.S.        (4) TANK VESSEL AND FACILITY RESPONSE PLANS; TRANSITION
    Regulations.          PROVISION; EFFECTIVE DATE OF PROHIBITION.	(A) Not later than
                      24 months  after the date  of the enactment of this Act,  the
                      President shall issue regulations for tank vessel and facility
                      response plans under section 311(j)(5)  of the Federal  Water
                      Pollution Control Act, as amended by this Act.
                        (B) During  the period beginning 30 months after the date of
                      the  enactment of this paragraph and ending 36 months after
                      that  date of enactment, a  tank vessel or facility for which a
                      response plan is  required to be prepared under section 311(jX5)
                      of the Federal Water Pollution Control Act, as amended by this
                      Act, may not  handle, store, or transport  oil unless the owner or
                      operator thereof has submitted such a  plan to the President.
                        (C) Subparagraph (E) of section 311(jX5) of the Federal Water
                      Pollution Control Act, as amended by this Act, shall take effect
                      36 months after the date of the enactment of this Act.
                    (c) STATE LAW NOT PREEMPTED.—  Section 311(oX2) of the Federal
                  Water Pollution Control Act (33 U.S.C. 1321(oX2)) is amended by
                  inserting before the period the  following: ",  or with respect  to any
                  removal activities related to such discharge".

    14 USC 92 note.   SEC. 4203. COAST GUARD VESSEL DESIGN.
                    The Secretary shall ensure  that vessels designed and constructed
                  to replace Coast Guard buoy tenders are equipped with oil skimming
                  systems  that are readily available  and  operable, and  that com-
                  plement the primary  mission of servicing aids to navigation.

                  SEC. 4204. DETERMINATION  OF HARMFUL QUANTITIES OF  OIL  AND
                            HAZARDOUS SUBSTANCES.
                    Section 311(bX4) of the Federal Water Pollution Control Act (33
                  U.S.C. 1321(bX4))  is amended by inserting  "or the  environment"
                  after "the public health or welfare".
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                PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 533

    SEC. 4205. COASTWISE OIL SPILL RESPONSE COOPERATIVES.
      Section 12106 of title 46,  United States Code, is amended by
    adding at the end the following:
      "(dXD A vessel may be issued a certificate of documentation with
    a coastwise endorsement if—
          "(A) the vessel is owned by a not-for-profit oil spill response
        cooperative or by members of such a cooperative who dedicate
        the vessel to use by the cooperative;
          "(B) the vessel is  at least 50  percent owned  by persons or
        entities described in section 12102(a) of this title;
          "(C) the vessel otherwise qualifies under section 12106 to be
        employed in the coastwise trade; and
          "(D) use of the vessel is restricted to—
              "(i) the deployment of equipment, supplies, and personnel
            to recover, contain,  or  transport oil discharged into the
            navigable waters of the United States, or within the Exclu-
            sive Economic Zone, or
              "(ii) for training exercises to prepare to respond to such  a
            discharge.
      "(2) For purposes of the first proviso of section 27 of the Merchant
    Marine Act, 1920, section 2 of the Shipping Act of 1916, and section
    12102(a) of this title, a vessel  meeting the criteria of this subsection
    shall be considered to be owned exclusively by citizens of the United
    States.".


         Subtitle C—Penalties and Miscellaneous

    SEC 4301. FEDERAL WATER POLLUTION CONTROL ACT PENALTIES.
      (a) NOTICE TO STATE AND FAILURE To  REPORT.—Section 311(bX5) of
    the Federal Water  Pollution  Control  Act (33 U.S.C. 1321(bX5)) is
    amended—
          (1) by inserting after the  first sentence the following: "The
        Federal agency shall immediately  notify the appropriate State
        agency of any State which is, or may reasonably be expected to
        be, affected by the discharge of oil or a  hazardous substance.";
          (2) by striking "fined not more than $10,000, or imprisoned for
        not  more than  one year, or both" and inserting  "fined in
        accordance with title 18,  United States Code, or imprisoned for
        not more than 5 years, or both"; and
          (3) in the last  sentence by—
              (A) striking "or information obtained by the exploitation
            of such notification"; and
              (B) inserting "natural" before "person".
      (b) PENALTIES FOR DISCHARGES AND VIOLATIONS OF REGULATIONS.—
    Section 3ll(b) of the Federal Water Pollution Control Act (33 U.S.C.
    1321(b))  is amended by  striking paragraph (6) and inserting the
    following new paragraphs:
          "(6) ADMINISTRATIVZ PENALTIES.—
              "(A) VIOLATIONS.—Any owner, operator, or person in
            charge of any vessel, onshore facility, or offshore facility—
                  "(i) from which oil or a hazardous substance is dis-
                charged in violation of paragraph (3), or
                  "(ii) who fails or refuses to comply with any regula-
                tion issued under subsection (j) to which that owner,
                operator, or person in charge is subject,
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  104 STAT. 534           PUBLIC LAW 101-380—AUG. 18, 1990

                         may be assessed a class I or class II civil penalty by the
                         Secretary of the department  in which the Coast Guard is
                         operating or the Administrator.
                           "(B) CLASSES OF PENALTIES.—
                               "(i) CLASS  i.—The amount of a class I civil penalty
                             under subparagraph (A)  may not exceed $10,000 per
                             violation,  except that the maximum  amount of any
                             class I civil penalty under this subparagraph shall not
                             exceed  $25,000. Before assessing a civil penalty under
                             this clause, the Administrator or Secretary, as the case
                             may be, shall give to the person to be assessed such
                             penalty written notice  of the Administrator's or Sec-
                             retary s proposal to assess the penalty and  the oppor-
                             tunity to request, within 30 days of the date the notice
                             is received by such person, a hearing on the proposed
                             penalty. Such hearing  shall not be subject to section
                             554 or  556 of  title 5,  United  States Code, but  shall
                             provide  a  reasonable opportunity to be heard and to
                             present evidence.
                               "(ii) CLASS n.—The amount of a class II civil penalty
                             under subparagraph  (A)  may not exceed $10,000 per
                             day for each day during which the violation continues;
                             except that the maximum amount of any class II civil
                             penalty  under this  subparagraph  shall not  exceed
                             $125,000. Except as otherwise provided in this subsec-
                             tion, a  class II civil  penalty  shall be  assessed and
                             collected in the same manner, and subject to the  same
                             provisions, as in the case of civil penalties assessed and
                             collected after notice and opportunity for a hearing on
                             the record in accordance with  section  554  of title 5,
                             United  States Code. The Administrator and Secretary
                             may issue rules for discovery procedures for hearings
                             under this paragraph.
                           "(C) RIGHTS OF INTERESTED PERSONS.—
                               "(i) PUBLIC NOTICE.—Before issuing an order assess-
                             ing a class II civil penalty  under this paragraph the
                             Administrator or Secretary, as the case may be.  shall
                             provide public notice of and reasonable opportunity to
                             comment on the proposed issuance of such order.
                               "(ii) PRESENTATION OF  EVIDENCE.—Any  person who
                             comments  on a proposed  assessment of a class II civil
                             penalty  under this paragraph shall be given notice of
                             any hearing held under this paragraph and of the order
                             assessing such penalty.  In any hearing held under this
                             paragraph, such person shall have a reasonable oppor-
                             tunity to be heard and to present evidence.
  Federal Register,                 "(Hi) RIGHTS OF INTERESTED PERSONS TO A HEARING.—
  publication.                  jf no hearing is held under subparagraph  (B) before
                             issuance of an  order  assessing  a class  II civil penalty
                             under this paragraph, any person who commented  on
                             the proposed assessment may petition, within 30 days
                             after the issuance of such order, the Administrator or
                             Secretary,  as the case may be,  to set aside such order
                             and to provide a hearing on the penalty. If the evidence
                             presented by the petitioner in support of the petition is
                             material and was not considered in the issuance of the
                             order,  the Administrator or Secretary  shall imme-
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                PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 535

                diately set aside such order and provide a hearing in
                accordance with subparagraph (BXii). If the  Adminis-
                trator or Secretary denies a hearing under this clause,
                the Administrator or Secretary shall provide to the
                petitioner, and publish in the  Federal Register, notice
                of and the reasons for such denial.
               "(D) FINALITY OF ORDER.—An order assessing a class n
            civil penalty under this paragraph shall  become final 30
            days after its issuance unless a petition for judicial review
            is filed under subparagraph (G) or a hearing is requested
            under subparagraph (CXiii). If such a hearing is  denied,
            such  order shall become final 30  days after such denial.
               "(E) EFFECT OF ORDER.—Action  taken  by the  Adminis-
            trator or Secretary, as the case may be,  under this para-
            graph shall not  affect or limit the Administrator's or Sec-
            retary's  authority  to enforce any provision of  this Act;
            except that any violation—
                  "(i) with respect to which the Administrator or Sec-
                retary has commenced and is diligently prosecuting an
                action to assess a  class  II civil penalty  under this
                paragraph, or
                  "(ii) for which the  Administrator or  Secretary has
                issued a final order assessing a class II civil penalty not
                subject to further judicial review and the violator has
                paid a penalty assessed under this paragraph,
            shall not be the subject  of a  civil penalty  action under
            section 309(d), 309(g), or 505 of this Act or under paragraph
            (7).
               "(F) EFFECT OF ACTION ON COMPLIANCE.—No action by the
            Administrator  or  Secretary  under this   paragraph shall
            affect any person's  obligation to comply with any section of
            this Act.
               "(G) JUDICIAL REVIEW.—Any person against whom a civil
            penalty  is  assessed  under this paragraph or who  com-
            mented on the  proposed  assessment of  such  penalty in
            accordance with subparagraph (C) may  obtain review of
            such assessment—
                  "(i) in the case of assessment of a class I civil penalty,  District of
                in the United  States District Court for the District of
                Columbia or in the district in which the violation is
                alleged to have occurred, or
                  "(ii) in the  case  of assessment of a  class II  civil
                penalty, in  United States Court of  Appeals for the
                District  of Columbia Circuit or for any other  circuit in
                which such person resides or transacts business,
            by filing a notice of appeal in such court within the 30-day
            period beginning on the  date the civil  penalty  order is
            issued and by simultaneously sending a copy of such notice
            by certified mail to the Administrator or Secretary, as the
            case may be, and the Attorney General. The Administrator
            or Secretary shall  promptly file in such  court a certified
            copy  of the  record  on which  the  order was issued. Such
            court shall not set aside or remand such order unless there
            is not substantial evidence in the record, taken as a whole,
            to support the finding of a violation or unless the  Adminis-
            trator's or Secretary's assessment of the penalty constitutes
            an abuse of discretion and shall not impose additional civil
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  104 STAT. 536
     PUBLIC LAW 101-380—AUG. 18, 1990
  Hazardous
  materials.
  penalties for the same violation unless the Administrator's
  or Secretary's  assessment of the penalty constitutes an
  abuse of discretion.
    "(H) COLLECTION.—If any person fails to pay an assess-
  ment of a civil penalty—
        "(i) after the assessment has become final, or
        "(ii)  after  a  court  in an action brought  under
      subparagraph (G) has entered a final judgment in favor
      of the Administrator or Secretary, as the case may be,
  the Administrator or Secretary shall request the Attorney
  General to bring a civil  action in an appropriate  district
  court to recover the  amount assessed (plus interest at cur-
  rently prevailing  rates from the date of the final order or
  the date of the final judgment, as the case may be). In such
  an action, the validity, amount, and appropriateness of such
  penalty shall not be subject to review. Any person who fails
  to pay on a timely basis the amount of an assessment of a
  civil penalty as  described in the first  sentence  of this
  subparagraph shall be required to pay, in addition to such
  amount and interest, attorneys fees and costs for collection
  proceedings and a quarterly nonpayment penalty for each
  quarter during which such failure to pay persists.  Such
  nonpayment penalty shall be in an amount equal  to 20
  percent of the aggregate amount of such person's penalties
  and  nonpayment penalties which are  unpaid as of the
  beginning of such quarter.
    "(I) SUBPOENAS.—The Administrator or Secretary, as the
  case may be, may issue subpoenas for the attendance and
  testimony  of witnesses and the production  of relevant
  papers,  books, or documents in  connection with hearings
  under this  paragraph. In  case of contumacy  or refusal to
  obey a subpoena issued pursuant to this subparagraph and
  served upon any  person, the district court of the  United
  States for any district in  which such person is found, re-
  sides, or transacts business, upon application by the United
  States and  after notice to  such person, shall have jurisdic-
  tion to issue an order requiring such person to appear and
  give testimony  before the administrative  law judge  or to
  appear and produce  documents before the administrative
  law judge, or both, and any failure to obey such order of the
  court may be punished by such court as a contempt thereof.
"(7) ClVIL PENALTY ACTION.—
    "(A)  DISCHARGE, GENERALLY.—Any  person who is the
  owner, operator, or person in charge of any vessel, onshore
  facility, or  offshore facility from which oil or a hazardous
  substance is discharged in violation of paragraph (3),  shall
  be subject to a civil penalty in an amount up to 325,000 per
  day of violation or an amount up to $1,000 per barrel  of oil
  or unit of reportable quantity of hazardous substances dis-
  charged.
    "(B) FAILURE TO REMOVE OR COMPLY.—Any person de-
  scribed in subparagraph (A) who, without sufficient cause—
        "(i) fails  to properly carry out removal of the dis-
      charge  under an order of the President pursuant to
      subsection (c); or
        "(ii) fails to comply with an order pursuant to subsec-
      tion (eXIXB);
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                PUBLIC LAW 101-380—AUG. 18, 1990

            shall be  subject to a civil penalty  in  an amount up to
            $25,000 per day of violation or an amount up to 3 times the
            costs incurred by the Oil Spill Liability Trust Fund as a
            result of such failure.
              "(C) FAILURE TO COMPLY WITH REGULATION.—Any person
            who fails or refuses to comply with  any regulation issued
            under subsection (j) shall be subject to a civil penalty in an
            amount up to $25,000 per day of violation.
              "(D) GROSS NEGLIGENCE.—In any case in which a violation
            of paragraph (3) was the result of gross negligence or willful
            misconduct of  a person described in  subparagraph (AJ, the
            person shall be subject to a civil  penalty of not less  than
            $100,000, and not more than $3,000 per barrel of oil or unit
            of reportable quantity of hazardous  substance discharged.
              "(E) JURISDICTION.—An action to impose a civil penalty
            under this paragraph may be brought in the district court
            of the United States for the district in which the defendant
            is located, resides, or is doing business, and such court shall
            have jurisdiction to assess such penalty.
              "(F) LIMITATION.—A person is not  liable  for a civil pen-
            alty under this paragraph for a discharge if the person has
            been assessed  a civil penalty under  paragraph (6) for the
            discharge.
          "(8) DETERMINATION OF AMOUNT.—In determining the amount
        of a  civil penalty under  paragraphs (6)  and (7), the Adminis-
        trator, Secretary, or the court, as the case  may be, shall consider
        the  seriousness of the violation  or violations, the economic
        benefit to the violator, if any, resulting from the violation, the
        degree of culpability involved, any other penalty for the same
        incident, any history of prior violations, the nature, extent, and
        degree of success of any efforts of the  violator  to minimize or
        mitigate the effects of the discharge, the economic impact of the
        penalty on the violator, and any other matters as justice may
        require.
          "(9) MITIGATION  OF DAMAGE.—In addition to establishing a
        penalty for the discharge of oil or a hazardous substance, the
        Administrator or the Secretary of the department in which the
        Coast Guard is operating may act to mitigate the damage to the
        public health or welfare caused by such  discharge. The cost of
        such mitigation shall be deemed a cost incurred under subsec-
        tion (c) of this section for the removal of  such substance by the
        United States Government.
          "(10) RECOVERY  OF  REMOVAL COSTS.—Any costs of removal
        incurred in connection with a discharge excluded by subsection
        (aX2XC) of this section shall  be  recoverable  from the owner or
        operator of the source of the discharge  in  an  action brought
        under section 309(b) of this Act.
          "(11) LIMITATION.—Civil penalties shall  not be assessed under
        both this  section and  section 309  for the  same  discharge.".
      (c) CRIMINAL PENALTIES.—Section 309
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   104 STAT. 538            PUBLIC LAW 101-380—AUG. 18, 1990

                       (1) in subsection (b) by striking "shall be fined not more than
                     $5,000,  imprisoned for not more than one year, or both.", and
                     inserting "commits a class A misdemeanor.'; and
                       (2) in subsection (c)—
                           (A) by  striking ", shall be"  in  the  matter  preceding
                         paragraph (1);
                           (B) by inserting "is" before "liable" in paragraph (1); and
                           (C) by amending paragraph (2) to read as follows:
                       "(2) commits a class A misdemeanor.".
                   (b) INSPECTIONS.—Section 3318 of title 46, United States Code, is
                 amended—
                       (1) in subsection (b) by striking "shall be fined not more than
                     $10,000, imprisoned for not more than 5 years, or both." and
                     inserting "commits a class D felony.";
                       (2) in subsection (c) by  striking "shall be fined not more than
                     $5,000,  imprisoned for not  more than 5 years, or both." and
                     inserting "commits a class D felony.";
                       (3) in subsection (d) by striking "shall be fined not more than
                     $5,000,  imprisoned for not  more than 5 years, or both." and
                     inserting "commits a class D felony.";
                       (4) in subsection (e) by  striking "shall be fined not more than
                     $10,000, imprisoned for not more than 2 years, or both." and
                     inserting "commits a class A misdemeanor. '; and
                       (5) in the matter preceding paragraph (1) of subsection (f) by
                     striking "shall be fined not  less than $1,000 but not more than
                     $10,000, and imprisoned for not less than 2 years but not more
                     than 5 years," and inserting "commits a class D felony.".
                   (c) CARRIAGE OF  LIQUID BULK DANGEROUS CARGOES.—Section 3718
                 of title 46, United States Code, is amended—
                       (1) in subsection (b) by  striking "shall be fined not more than
                     $50,000, imprisoned for not more than 5 years, or both." and
                     inserting "commits a class D felony."; and
                       (2) in subsection (c)  by striking "shall be fined not more than
                     $100,000, imprisoned for  not more than 10 years, or both." and
                     inserting "commits a class C felony.".
                   (d) LOAD LINES.—Section 5116 of title 46, United States Code, is
                 amended—
                       (1) in subsection (d) by  striking "shall be fined not more than
                     $10,000, imprisoned for not  more than one year, or both." and
                     inserting "commits a class A misdemeanor."; and
                       (2) in subsection (e) by striking "shall be fined not more than
                     $10,000, imprisoned for not more than 2 years, or both." and
                     inserting "commits a class A misdemeanor. '.
                   (e) COMPLEMENT OF INSPECTED VESSELS.—Section  8101 of title 46,
                 United States Code, is amended—
                       (1) in subsection (e) by  striking "$50" and inserting "$1,000'';
                       (2) in subsection (0 by striking "$100, or, for a deficiency of a
                     licensed individual, a penalty of $500." and inserting "$10,000.'';
                     and
                       (3)  in subsection  (g)  by striking "$500."  and  inserting
                     "$10,000.".
                   (f) WATCHES.—Section 8104 of title 46, United  States Code,  is
                 amended—
                       (1J  in subsection  (i)  by striking "$100." and  inserting
                     "$10,000."; and
                       (2)  in subsection  (j)  by striking "$500." and  inserting
                     "$10,000.".
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              PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 539

     ?) COASTWISE PILOTAGE.—Section 8502 of title 46, United States
     ie, is amended—
        (1)  in subsection  (e) by  striking  "$500."  and  inserting
      "$10,000."; and
        (2)  in subsection  (f)  by  striking  "$500."  and  inserting
      "$10,000.".
    (h)  FOREIGN  COMMERCE PILOTAGE.—Section 8503(e)  of title  46,
  United States Code, is amended by striking "shall be fined not more
  than $50,000, imprisoned for not more than five years, or both." and
  inserting "commits a class D felony.".
    (i) CREW REQUIREMENTS.—Section 8702(e) of title 46, United States
  Code, is  amended  by striking  "$500."  and  inserting "$10,000.".
    0") PORTS AND WATERWAYS SAFETY ACT.—Section I3(b) of the Port
  and Waterways Safety Act (33 U.S.C. 1232(b)) is amended—
        (1) in paragraph (1) by striking "shall be fined not more than
      $50,000 for each violation or imprisoned for not more than five
      years, or both." and inserting "commits a class D felony."; and
        (2) in paragraph (2) by striking "shall, in lieu of the penalties
      prescribed  in paragraph (1), be fined not more than $100,000, or
      imprisoned for not more than 10 years, or both." and inserting
      "commits a class C felony.".
    (k) VESSEL NAVIGATION.—Section 4 of the Act of April 28, 1908 (33
  U.S.C. 1236) is amended—
        (1)  in subsection  (b) by  striking  "$500."  and  inserting
      "$5,000.";
        (2)  in subsection  (cj  by  striking  "S500,"  and  inserting
      "$5,000,"; and
        (3)  in subsection  (d) by  striking  "$250."  and  inserting
      "$2,500.".
    (1) INTERVENTION ON  THE HIGH SEAS ACT.—Section 12(a) of the
  Intervention of the High Seas Act (33 U.S.C. 1481(a)) is amended—
        (1) in the matter preceding paragraph (1) by striking "Any
      person who" and inserting "A person commits a  class A mis-
      demeanor if that person"; and
        (2) in paragraph (3) by striking ", shall be fined not more than
      $10,000 or imprisoned not more than one year, or both".
    (m) DEEPWATER PORT  ACT OF  1974.—Section 15(a) of the Deep-
  water Port  Act of 1974 (33 U.S.C. 1514(a)) is amended by striking
  "shall on conviction be fined not more than $25,000 for each day of
  violation or imprisoned  for not more than 1 year, or both."  and
  inserting  "commits a class A misdemeanor for each day of viola-
  tion.".
    (n) ACT To PREVENT POLLUTION FROM SHIPS.—Section 9(a) of the
  Act to Prevent Pollution from Ships (33 U.S.C. 1908(a)j is amended
  by striking "shall, for each violation, be fined not more than 550,000
  or be imprisoned for not more than 5 years, or both." and inserting
  "commits a class D felony.".

  SEC 4303. FINANCIAL RESPONSIBILITY CIVIL PENALTIES.                President of U.S.
                                                                   33 USC 2716a.
    (a) ADMINISTRATIVE.—Any person who, after notice and  an oppor-
  tunity for  a hearing, is found to have failed to  comply with the
  requirements of section  1016 or the regulations issued under that
  section, or with a denial or detention order issued under subsection
  (cX2) of that section, shall be liable to  the  United States for a civil
  penalty, not to exceed $25,000 per day of violation. The amount of
  the civil penalty  shall be assessed by the  President by  written
  notice. In determining the amount  of the penalty, the  President
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   104 STAT. 540
           PUBLIC LAW 101-380—AUG. 18, 1990
   26 USC 9509
   note.
  Reports.
  Records.
shall take into account the nature, circumstances, extent, and grav-
ity of the violation, the degree of culpability, any history of prior
violation,  ability to  pay,  and such other matters  as justice may
require. The President may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to imposition
or which had been imposed under this paragraph. If any person
fails to pay an assessed  civil  penalty  after it has become final.
the President may refer  the matter  to the  Attorney General for
collection.
  (b) JUDICIAL.—In addition to, or in lieu of, assessing  a penalty
under subsection (a), the President may request the Attorney Gen-
eral to secure such relief as necessary  to compel compliance with
this section 1016, including a judicial  order terminating operations.
The district courts of the United  States shall have jurisdiction to
grant any relief as the public interest and the equities of the case
may require.

SEC. 4304. DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY
          TRUST FUND.
  Penalties  paid pursuant  to  section  311 of the  Federal Water
Pollution Control Act, section 309(c) of that Act, as a  result of
violations of section 311 of that Act, and the Deepwater Port Act of
1974, shall be deposited in the Oil Spill Liability Trust Fund created
under section 9509 of the Internal  Revenue Code of 1986  (26 U.S.C.
9509).

SEC. 4305. INSPECTION AND ENTRY.
  Section 311(m) of the Federal Water Pollution Control Act (33
U.S.C. 132l(m)) is amended to read as follows:
  "(m) ADMINISTRATIVE PROVISIONS.—
      "(1) FOR VESSELS.—Anyone  authorized by the President to
    enforce the provisions of this section with respect to any vessel
    may, except as to public vessels—
          "(A)  board and  inspect  any  vessel upon the  navigable
        waters of the United States or the waters of the contiguous
        zone,
          "(B) with or without a warrant, arrest any person who in
        the presence or view of the authorized person violates the
        provisions of this section  or  any regulation issued there-
        under, and
          "(C) execute any warrant or  other process issued by an
        officer or court of competent jurisdiction.
      "(2) FOR FACILITIES.—
          "(A)  RECORDKEEPING.—Whenever required to  carry out
        the purposes of this section, the Administrator or the Sec-
        retary  of the  Department in which the Coast  Guard is
        operating shall require the owner or operator of a facility to
        which this section applies to  establish and maintain such
        records, make such reports, install, use, and maintain such
        monitoring equipment and methods, and provide such other
        information as the Administrator or Secretary, as the case
        may  be,  may require to carry out the objectives of this
        section.
          "(B) ENTRY AND INSPECTION.—Whenever required to carry
        out the purposes  of this section, the Administrator or the
        Secretary of the  Department  in which the  Coast  Guard is
        operating or an authorized representative of the Adminis-
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                                             63

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                 PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 541

             trator or  Secretary,  upon  presentation of appropriate
             credentials, may—
                   "(i) enter and inspect any facility to which this sec-
                 tion applies, including any facility at which any records
                 are required to be maintained under subparagraph (A);
                 and
                   "(ii) at reasonable times,  have access to and copy any
                 records,  take samples, and  inspect any  monitoring
                 equipment or methods required  under subparagraph
                 (A).
               "(C) ARRESTS AND EXECUTION  OF WARRANTS.—Anyone au-
             thorized by  the  Administrator or the Secretary of the
             department in which the Coast Guard is operating to en-
             force the provisions  of this section  with respect to any
             facility may—
                   "(i) with or without a warrant, arrest any person who
                 violates the provisions of this section or any regulation
                 issued thereunder in the presence or view of the person
                 so authorized; and
                   "(ii) execute  any warrant or process issued by an
                 officer or court of competent jurisdiction.
               "(D) PUBLIC ACCESS.—Any records, reports, or information
             obtained under this paragraph  shall be subject to the same
             public access and disclosure requirements  which  are ap-
             plicable  to  records,  reports,  and information obtained
             pursuant to section 308.".

     SEC. 4306. CIVIL ENFORCEMENT UNDER FEDERAL WATER POLLUTION
                CONTROL ACT.
       Section 31 He)  of the Federal Water Pollution Control  Act (33
     U.S.C. 1321) is amended to read as follows:
       "(e) CIVIL ENFORCEMENT.—                                      Stat* and local
           "(1) ORDERS PROTECTING PUBLIC HEALTH.—In addition to any  g°vernmenu-
         action taken by a State or local government, when the President
         determines  that  there  may be an imminent and substantial
         threat to the public  health or welfare of the  United States,
         including fish, shellfish, and wildlife,  public and private prop-
         erty,  shorelines,  beaches,  habitat,  and  other  living  and
         nonliving natural resources under the jurisdiction or control  of
         the United States, because of an actual or threatened discharge
         of oil or a  hazardous substance from a vessel or  facility  in
         violation of subsection (b), the President may—
               "(A.) require the  Attorney General  to secure any  relief
             from any person, including the owner or operator of the
             vessel or  facility,  as  may be necessary  to abate such
             endangerment; or
               "(B) after  notice to the affected State, take  any  other
             action under this section, including issuing administrative
             orders,  that may be necessary  to protect the public health
             and welfare.
           "(2) JURISDICTION OF DISTRICT COURTS.—The district courts  of
         the United  States shall have jurisdiction to grant any  relief
         under this subsection that the public interest and the equities of
         the case may require.".
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                                             64

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  104 STAT. 542           PUBLIC LAW 101-380— AUG. 18, 1990
          and          TITLE V— PRINCE WILLIAM SOUND
   development                          PROVISIONS


   33 USC 2731.     SEC. 5001. OIL SPILL RECOVERY INSTITUTE.
                  (a) ESTABLISHMENT OF INSTITUTE. — The Secretary of Commerce
                 shall provide for the establishment of a Prince William Sound Oil
                 Spill Recovery Institute (hereinafter  in  this section referred to as
                 the  "Institute") to be administered by the Secretary of Commerce
                 through the Prince William Sound Science and Technology Institute
                 and located in Cordova, Alaska.
                  (b) FUNCTIONS. — The Institute  shall conduct research and carry
                 out educational and demonstration projects designed to —
                      (1) identify and develop the best available techniques, equip-
                     ment, and materials for dealing with oil spills in the arctic and
                     subarctic marine environment; and
                      (2) complement Federal and State  damage assessment efforts
                     and determine,  document,  assess,  and  understand  the long-
                     range effects  of the EXXON VALDEZ oil spill on  the natural
                     resources of Prince William Sound and its adjacent waters (as
                     generally depicted on the map entitled "EXXON VALDEZ oil
                     spill dated March 1990"), and  the environment, the economy,
                     and the lifestyle and well-being of the people who are dependent
                     on them, except  that the Institute shall not  conduct studies or
                     make recommendations on any matter  which is  not  directly
                     related to the EXXON VALDEZ oil spill or the effects thereof.
                  (c) ADVISORY BOARD. —
                      (1) IN GENERAL. — The policies of the Institute shall be deter-
                     mined by an advisory board, composed of 18 members appointed
                     as follows:
                          (A) One representative appointed by each of the Commis-
                        sioners of Fish and Game, Environmental Conservation,
                        Natural Resources, and Commerce and Economic Develop-
                        ment of the State  of Alaska, all of whom shall  be State
                        employees.
                          (B) One representative appointed by each of —
                             (i) the Secretaries of Commerce, the Interior, Agri-
                           culture, Transportation, and the Navy; and
                             (ii) the Administrator of the Environmental Protec-
                           tion Agency;
                        all of whom shall be Federal employees.
                          (C) 4 representatives appointed by the  Secretary of Com-
                        merce from among residents of communities in  Alaska that
                        were affected by the  EXXON VALDEZ oil spill  who are
                        knowledgeable about  fisheries,  other local  industries, the
                        marine environment, wildlife, public health, safety, or edu-
                        cation. At least 2 of the representatives shall be appointed
                        from among  residents of communities  located in Prince
                        William Sound. The Secretary shall appoint residents to
                        serve terms  of 2 years  each, from a list of  8  qualified
                        individuals to be submitted by the Governor of  the State of
                        Alaska based on recommendations made by the governing
                        body of each  affected community. Each affected community
                        may submit  the  names of 2  qualified individuals  for the
                        Governor's consideration. No more than 5 of the 8 qualified
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 543

           persons recommended by the Governor shall be members of
           the same political party.
             (D) 3 Alaska Natives who represent Native entities af-
           fected by the EXXON  VALDEZ oil spill, at least one of
           whom represents  an  entity located  in Prince  William
           Sound, to serve terms of 2 years each  from a list of 6
           qualified individuals submitted by the Alaska Federation of
           Natives.
             (E)  One  nonvoting  representative  of the Institute of
           Marine Science.
             (F) One nonvoting representative appointed by the Prince
           William Sound Science  and Technology Institute.
          (2)  CHAIRMAN.—The representative of the Secretary of Com-
        merce shall serve as Chairman of the Advisory Board.
          (3)  POLICIES.—Policies  determined by  the Advisory  Board
        under this subsection shall  include policies for the conduct and
        support, through contracts  and grants awarded on a nationally
        competitive basis, of research, projects, and studies to be sup-
        ported by the Institute in accordance with the purposes of this
        section.
      (d) SCIENTIFIC AND TECHNICAL  COMMITTEE.—                       Establishment.
          (1)  IN GENERAL.—The Advisory Board shall establish a sci-
        entific and technical committee, composed of specialists in mat-
        ters relating to oil spill containment and  cleanup technology,
        arctic and subarctic marine ecology, and  the living resources
        and socioeconomics of  Prince William Sound and its adjacent
        waters, from the University of Alaska, the Institute of Marine
        Science,  the Prince William Sound Science and  Technology
        Institute, and elsewhere in the academic community.
          (2)  FUNCTIONS.—The Scientific and Technical Committee shall
        provide  such advice  to the Advisory Board as the Advisory
        Board shall  request, including recommendations regarding the
        conduct and support of research, projects, and studies in accord-
        ance  with the purposes of this section. The Advisory Board shall
        not request, and the Committee shall not provide, any  advice
        which is not directly related to the EXXON VALDEZ oil spill or
        the effects thereof.
      (e) DIRECTOR.—The Institute shall be administered by a Director
    appointed by the Secretary of Commerce. The Prince William  Sound
    Science and  Technology Institute,  the Advisory Board,  and the
    Scientific and Technical Committee may each submit independent
    recommendations for the Secretary's consideration for appointment
    as Director. The Director  may  hire such staff and incur such  ex-
    penses on behalf of the Institute as are authorized by the Advisory
    Board.
      (f) EVALUATION.—The Secretary of Commerce may conduct an
    ongoing evaluation  of the  activities of the Institute to ensure that
    funds  received by the Institute are used in a manner consistent with
    this section.
      (g) AUDIT.—The Comptroller  General of the  United States, and
    any of his or her duly authorized representatives, shall have access,
    for  purposes  of audit and  examination, to any books, documents,
    papers, and records of the Institute and its administering agency
    that are  pertinent to the funds received and expended by the
    Institute  and its administering agency.
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 104 STAT. 544
           PUBLIC LAW 101-380—AUG. 18, 1990
 Public
 information.
 Oil Terminal
 and Oil Tanker
 Environmental
 Oversight and
 Monitoring Act
 of 1990.
 33 USC 2732.
  (h) STATUS OF EMPLOYEES.—Employees of the Institute shall not,
by reason of such employment, be considered to be employees of the
Federal Government for any purpose.
  (i) TERMINATION.—The Institute shall terminate 10 years after the
date of the enactment of this Act.
  (j) USE OF FUNDS.—All funds authorized for the Institute shall be
provided through the National Oceanic and Atmospheric Adminis-
tration.  No funds made available to carry out this section may be
used to initiate litigation. No funds made available to carry out this
section may be used for the acquisition of real property (including
buildings) or construction of any building. No  more than 20 percent
of funds  made available to carry out this section  may be used  to
lease necessary facilities  and to administer the  Institute. None  of
the funds authorized by this section shall be  used  for any purpose
other than the functions specified in subsection (b).
  (k) RESEARCH.—The Institute shall publish and make available  to
any person upon request the results of all research, educational, and
demonstration projects conducted by the Institute. The Adminis-
trator shall provide a copy of all research, educational,  and dem-
onstration projects conducted by the Institute to the National Oce-
anic and Atmospheric Administration.
  (1) DEFINITIONS.—In this section, the term "Prince William Sound
and its adjacent waters" means such sound and waters as generally
depicted  on the map entitled  "EXXON VALDEZ oil spill dated
March 1990".

SEC. 5002. TERMINAL AND TANKER OVERSIGHT AND MONITORING.
  (a) SHORT TITLE AND FINDINGS.—
      (1) SHORT TITLE.—This section may be cited as the "Oil Termi-
    nal  and Oil Tanker Environmental Oversight  and Monitoring
    Act of 1990".
      (2) FINDINGS.—The Congress finds that—
         (A) the March 24, 1989,  grounding and rupture of the
        fully loaded oil tanker, the EXXON VALDEZ, spilled 11
        million gallons of crude  oil in Prince William Sound, an
        environmentally sensitive area;
         (B) many people believe that complacency on the part  of
        the industry  and government personnel  responsible for
        monitoring the operation of the Valdez terminal and vessel
        traffic in Prince William Sound was one of the contributing
        factors to the EXXON VALDEZ oil spill;
         (C) one way to combat this complacency is to involve local
        citizens in the process of preparing, adopting, and revising
        oil spill contingency plans;
         (D) a mechanism should be established which fosters the
        long-term partnership of industry, government, and  local
        communities in overseeing compliance with environmental
        concerns in the operation of crude oil terminals;
         (E) such a mechanism presently exists  at the Sullom Voe
        terminal in the Shetland Islands and this terminal should
       serve as a model for others;
         (F) because  of the effective partnership  that has devel-
       oped at Sullom Voe, Sullom Voe is considered the safest
        terminal in Europe;
         (G) the present system of regulation and  oversight of
        crude  oil terminals in the United States has degenerated
        into a process of continual mistrust and confrontation;
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 545

             (H) only when local citizens are involved in the process
           will the  trust develop that  is necessary to change the
           present system from confrontation to consensus;
             (I) a pilot program patterned after Sullom Voe should be
           established in  Alaska to  further refine the concepts and
           relationships involved; and
             (J) similar programs should eventually be established in
           other major crude oil terminals in  the United States be-
           cause the recent oil spills in Texas, Delaware, and Rhode
           Island indicate that the safe transportation of crude oil is a
           national problem.
      (b) DEMONSTRATION PROGRAMS.—
          (1)  ESTABLISHMENT.—There  are established  2  Oil Terminal
        and Oil Tanker Environmental Oversight and Monitoring Dem-
        onstration Programs (hereinafter referred to as "Programs") to
        be carried out in the State of Alaska.
          (2)  ADVISORY FUNCTION.—The function  of these Programs
        shall be advisory only.
          (3)  PURPOSE.—The Prince William Sound Program shall be
        responsible for environmental monitoring of the terminal facili-
        ties in Prince William Sound  and  the crude oil tankers operat-
        ing in Prince William Sound.  The Cook Inlet Program shall be
        responsible for environmental monitoring of the terminal facili-
        ties and crude oil tankers operating in Cook Inlet located South
        of the latitude at Point Possession and North of the latitude at
        Amatuli Island, including offshore facilities in Cook Inlet.
          (4)  SUITS BARRED.—No program, association, council, commit-
        tee or other organization created  by this section may sue any
        person or entity, public or private, concerning any matter aris-
        ing under this section except  for the performance of contracts.
      (c)  On. TERMINAL  FACILITIES  AND  OIL  TANKER OPERATIONS
    ASSOCIATION.—
          (1)  ESTABLISHMENT.—There is established an  Oil Terminal
        Facilities and Oil Tanker Operations Association (hereinafter in
        this section  referred to as the  "Association")  for each of the
        Programs established under subsection (b).
          (2)  MEMBERSHIP.—Each Association shall be comprised  of 4
        individuals as follows:
              (A) One individual shall be designated by the owners and
           operators of  the terminal facilities and  shall represent
           those owners and operators.
              (B) One individual shall be designated by the owners and
           operators of the crude oil tankers calling  at the terminal
           facilities and shall  represent  those  owners and operators.
              (C) One individual shall be an employee of the State of
           Alaska, shall be designated by the Governor of the State of
           Alaska, and shall represent the State government.
              (D) One individual shall be an employee of the Federal
           Government,  shall  be  designated by  the President,  and
           shall represent the Federal Government.
          (3)  RESPONSiBrLrriES.—Each Association shall be responsible
        for reviewing policies  relating to the operation  and mainte-
        nance of the oil terminal facilities and crude oil tankers which
        affect or  may affect the environment in the vicinity of  their
        respective terminals. Each Association  shall provide a forum
        among the owners and operators of the  terminal facilities, the
        owners and  operators of crude oil  tankers  calling at those
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   104 STAT. 546           PUBLIC LAW 101-380—AUG. 18, 1990

                     facilities, the United States, and the State of Alaska to discuss
                     and to make recommendations concerning  all permits, plans,
                     and site-specific regulations governing the activities and actions
                     of the terminal facilities which affect or may affect the environ-
                     ment  in the vicinity of the terminal facilities and  of crude oil
                     tankers calling at those facilities.
                       (4) DESIGNATION OF EXISTING ORGANIZATION.—The Secretary
                     may designate an existing nonprofit organization as an Associa-
                     tion under this  subsection if the  organization  is organized to
                     meet  the purposes of this section and consists  of at least the
                     individuals listed in paragraph (2).
                   (d) REGIONAL CITIZENS' ADVISORY COUNCILS.—
                       (1) MEMBERSHIP.—There is  established  a Regional Citizens'
                     Advisory Council (hereinafter in this section referred to as the
                     "Council"^ for each of the programs established by subsection
                     (b).
                       (2) MEMBERSHIP.—Each Council  shall be composed  of voting
                     members and nonvoting members, as follows:
                           (A) VOTING MEMBERS.—Voting members shall be Alaska
                         residents and,  except as provided in clause  (vii)  of this
                         paragraph, shall be appointed  by the Governor  of the State
                         of Alaska from a list of nominees provided  by  each of the
                         following interests, with  one  representative appointed to
                         represent each of the following interests, taking into consid-
                         eration the need for regional balance on the Council:
                               (i)  Local commercial fishing industry organizations,
                             the members  of which depend  on the fisheries re-
                             sources  of the waters in the vicinity of the terminal
                             facilities.
                               (ii) Aquaculture associations in the  vicinity of the
                             terminal facilities.
                               (iii) Alaska  Native Corporations  and other  Alaska
                             Native organizations  the members  of which  reside in
                             the vicinity of the terminal facilities.
                               (iv) Environmental  organizations the members  of
                             which reside in the vicinity of the  terminal  facilities.
                               (v) Recreational organizations the members of which
                             reside in or use  the vicinity of the  terminal  facilities.
                               (vi) The Alaska State Chamber of Commerce, to rep-
                             resent the locally based tourist industry.
                               (viiXD For the Prince William Sound Terminal Facili-
                             ties Council, one representative selected by each of the
                             following municipalities:  Cordova,  Whittier,  Seward,
                             Valdez,  Kodiak,  the  Kodiak Island Borough, and the
                             Kenai Peninsula Borough.
                               (II) For the  Cook Inlet  Terminal Facilities Council,
                             one representative selected  by each of the following
                             municipalities:  Homer, Seldovia,  Anchorage.  Kenai,
                             Kodiak,  the Kodiak  Island  Borough, and the Kenai
                             Peninsula Borough.
                           (B) NONVOTING MEMBERS.—One ex-officio, nonvoting rep-
                         resentative shall be designated by,  and represent, each of
                         the following:
                               (i) The Environmental Protection Agency.
                               (ii) The Coast Guard.
                               (iii) The National Oceanic and Atmospheric Adminis-
                             tration.
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                PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 547

                   (iv) The United States Forest Service.
                   (v) The Bureau of Land Management.
                   (vi) The Alaska Department of Environmental Con-
                 servation.
                   (vii) The Alaska Department of Fish and Game.
                   (viii)  The Alaska Department of Natural Resources.
                   (ix) The  Division  of Emergency  Services, Alaska
                 Department of Military and Veterans Affairs.
           (3) TERMS.—
               (A) DURATION OF COUNCILS.—The  term of the Councils
             shall continue throughout the life of the operation of the
             Trans-Alaska Pipeline System and so long as oil is trans-
             ported to or from Cook Inlet.
               (B) THREE YEARS.—The voting members of each Council
             shall be appointed for a term of 3 years except as provided
             for in subparagraph (C).
               (C) INITIAL APPOINTMENT.—The  terms  of  the  first
             appointments shall be as follows:
                   (i) For the appointments by the Governor of the State
                 of Alaska, one-third shall serve  for 3 years, one-third
                 shall serve for 2 years, and one-third shall serve for one
                 year.
                   (ii) For the representatives of municipalities required
                 by subsection (dX2XAXvii), a drawing of lots among the
                 appointees shall determine that one-third of that group
                 serves for 3 years, one-third serves for 2 years, and the
                 remainder serves for 1 year.
           (4) SELF-GOVERNING.—Each Council shall elect its own chair-
         person, select its own staff, and make policies with regard to its
         internal  operating procedures. After the initial organizational
         meeting called by the Secretary under subsection (i), each Coun-
         cil shall be self-governing.
           (5) DUAL  MEMBERSHIP AND  CONFLICTS OF  INTEREST  PROHIB-
         ITED.—(A) No individual selected as a  member of the  Council
         shall serve on the Association.
           (B) No individual selected as a voting member of the Council
         shall be engaged in any activity which might conflict with such
         individual carrying out  his functions as  a  member  thereof.
           (6) DUTIES.—Each Council shall—
               (A) provide advice and recommendations to the Associa-
             tion  on policies, permits, and site-specific regulations relat-
             ing to the operation and maintenance of terminal facilities
             and  crude  oil  tankers  which affect  or  may  affect  the
             environment in the vicinity of the terminal facilities;
               (B) monitor through the  committee  established under
             subsection (e), the environmental impacts of the operation
             of the terminal facilities and crude oil tankers;
               (Cj monitor those aspects of terminal facilities' and crude
             oil tankers' operations and  maintenance which affect or
             may  affect the environment in the vicinity of the terminal
             facilities;
               (D) review through  the committee established under
             subsection  (f), the adequacy of oil  spill prevention and
             contingency plans for the  terminal facilities  and the ade-
             quacy of oil  spill  prevention  and contingency  plans for
             crude oil tankers, operating in Prince William Sound or in
             Cook Inlet;
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 104 STAT. 548           PUBLIC LAW 101-380—AUG. 18, 1990

                          (E) provide advice and recommendations to the Associa-
                        tion on port operations, policies and practices;
                          (F) recommend to the Association—
                              (i) standards and stipulations for permits and site-
                            specific regulations intended to minimize the impact of
                            the terminal  facilities' and crude oil  tankers  oper-
                            ations in the vicinity of the terminal facilities;
                              (ii) modifications of terminal facility operations and
                            maintenance intended to  minimize the risk and miti-
                            gate the impact of terminal facilities, operations in the
                            vicinity of the terminal facilities and to minimize the
                            risk of oil spills;
                              (iii) modifications of crude oil tanker operations and
                            maintenance in Prince William Sound and Cook Inlet
                            intended to  minimize the  risk and mitigate the impact
                            of oil spills; and
                              (iv) modifications  to the oil spill prevention and
                            contingency plans for terminal facilities and for crude
                            oil tankers  in Prince  William Sound  and Cook Inlet
                            intended to enhance the ability to prevent and respond
                            to an oil spill; and
                          (G) create additional committees of the  Council as nec-
                        essary to  carry  out the above  functions, including a  sci-
                        entific and technical advisory  committee to the Prince Wil-
                        liam Sound Council.
                      (7) No ESTOPPEL.—No Council shall be held liable under State
                    or Federal law for costs or damages as a result of rendering
                    advice under this section. Nor shall any advice given by a voting
                    member of a Council,  or program representative or agent,  be
                    grounds  for estopping  the interests represented by the voting
                    Council members from seeking damages or  other appropriate
                    relief.
                      (8) SCIENTIFIC WORK.—In carrying out its research, develop-
                    ment and monitoring functions, each Council is authorized to
                    conduct  its own scientific research and shall  review  the  sci-
                    entific work undertaken by or on behalf of the terminal opera-
                    tors or crude oil tanker operators as a result of a legal  require-
                    ment to undertake that work.  Each Council shall also review
                    the relevant scientific work undertaken by or on behalf of any
                    government entity relating to the terminal facilities or crude oil
                    tankers.  To the extent possible, to avoid unnecessary  duplica-
                    tion, each  Council shall coordinate its independent scientific
                    work with  the scientific work performed by or on behalf of the
                    terminal operators and with the scientific work performed by or
                    on behalf of the operators of the crude oil tankers.
                  (e) COMMITTEE FOR TERMINAL AND OIL TANKER OPERATIONS AND
                ENVIRONMENTAL MONITORING.—
                      (1) MONITORING COMMITTEE.—Each Council shall establish a
                    standing Terminal  and Oil Tanker Operations and  Environ-
                    mental  Monitoring Committee  (hereinafter in this section re-
                    ferred to as the "Monitoring Committee") to devise and  manage
                    a comprehensive program of  monitoring  the  environmental
                    impacts of the operations of terminal facilities and of crude oil
                    tankers while operating in  Prince  William  Sound  and  Cook
                    Inlet. The  membership of the Monitoring Committee shall  be
                    made up of members of the Council, citizens,  and recognized
                    scientific experts selected by the Council.

     39-139 O - 90 - 3 (380)
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                PUBLIC LAW 101-380—AUG. 18,1990           104 STAT. 549

          (2) DUTIES.—In fulfilling its  responsibilities,  the Monitoring
         Committee shall—
              (A) advise the Council on a monitoring strategy that will
             permit early detection of environmental impacts of termi-
             nal facility operations and  crude oil tanker operations
             while in Prince William Sound and Cook Inlet;
              (B) develop monitoring programs and make recommenda-
             tions  to the Council on the implementation of those pro-
             grams;
              (C) at its discretion, select and contract with universities
             and other scientific institutions to carry out specific  mon-
             itoring projects authorized by the Council  pursuant to an
             approved monitoring strategy;
              (D) complete any other tasks assigned by the Council; and
              (E) provide written reports to the Council  which interpret  Report*.
             and assess the results of all monitoring programs.
       (f)  COMMITTEE FOR OIL  SPILL PREVENTION,  SAFETY, AND EMER-
     GENCY RESPONSE.—
          (1) TECHNICAL OIL  SPILL COMMITTEE.—Each Council  shall
         establish a standing technical committee (hereinafter referred
         to as "Oil Spill  Committee") to review and assess measures
         designed to prevent oil spills and the planning and prepared-
         ness for responding to, containing, cleaning up, and mitigating
         impacts of oil spills. The membership of the Oil Spill Committee
         shall be made up  of members of the Council, citizens,  and
         recognized technical experts selected by the Council.
          (2) DUTIES.—In fulfilling its  responsibilities, the  Oil  Spill
         Committee shall—
              (A)  periodically review the respective oD  spill prevention
             and contingency plans for the terminal facilities and for the
             crude oil tankers  while in Prince William Sound or  Cook
             Inlet, in  light  of new  technological  developments  and
             changed circumstances;
              (B)  monitor  periodic drills  and testing  of  the  oil spill
             contingency plans for the terminal facilities and for crude
             oil tankers while in Prince William Sound  and Cook Inlet;
              (C)  study  wind  and  water currents and other  environ-
             mental  factors  in  the vicinity  of  the terminal  facilities
             which may affect the ability to prevent, respond to, contain,
             and clean up an oil spill;
              (D)  identify highly sensitive areas  which may require
             specific protective  measures in the event of  a spill  in Prince
             William Sound  or Cook Inlet;
              (E) monitor developments in oil spill prevention, contain-
             ment, response, and cleanup technology;
              (F)  periodically review port organization, operations, in-
             cidents, and the adequacy and maintenance of vessel traffic
             service systems designed to assure safe transit of crude oil
             tankers pertinent to terminal operations;
              (G)  periodically  review the standards for tankers bound
             for, loading  at,  exiting from,  or otherwise using the termi-
             nal facilities;
              (H) complete  any other tasks assigned by the Council; and  Reports.
              (I) provide written reports to the Council outlining its
             findings and recommendations.
       (g) AGENCY COOPERATION.—On and after the expiration of the 180-
     day period following the date of the enactment of this section, each
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 104 STAT. 550           PUBLIC LAW 101-380—AUG. 18, 1990

                Federal department, agency, or other instrumentality shall,  with
                respect to all permits, site-specific regulations, and other matters
                governing the activities and actions of the terminal facilities which
                affect or may affect the  vicinity of the terminal facilities, consult
                with the appropriate Council prior to taking substantive action with
                respect to the permit, site-specific  regulation, or other matter. This
                consultation shall be carried out with a view to enabling the appro-
                priate  Association and Council to review  the permit, site-specific
                regulation, or other matters and  make  appropriate  recommenda-
                tions regarding operations, policy or agency actions. Prior consulta-
                tion shall not be required if an authorized Federal agency represent-
                ative reasonably believes that an emergency exists requiring action
                without delay.
                  (h) RECOMMENDATIONS  OF THE COUNCIL.—In  the event that the
                Association does not adopt, or significantly modifies before adoption,
                any recommendation of the Council made pursuant to the authority
                granted to the Council in subsection (d),  the Association shall pro-
                vide to the Council, in writing, within 5 days of its decision, notice of
                its decision and a written statement of reasons for its rejection or
                significant modification of the recommendation.
                  (i) ADMINISTRATIVE  ACTIONS.—Appointments,  designations, and
                selections of individuals to serve as members of the  Associations and
                Councils under this section shall be submitted to the Secretary prior
                to the  expiration of the  120-day  period  following the date of the
                enactment of this section. On or before the expiration of the 180-day
                period following that date of enactment of this section, the Secretary
                shall call  an initial meeting of each Association  and Council for
                organizational purposes.
                  (j) LOCATION AND COMPENSATION.—
                     (1) LOCATION.—Each Association and Council established by
                    this section shall be located in the State of Alaska.
                     (2) COMPENSATION.—No member of an Association or Council
                    shall be compensated for the member's  services as a member of
                    the Association or Council, but shall be  allowed travel expenses,
                    including per diem in lieu of subsistence, at a rate established
                    by  the Association or Council not to exceed the rates authorized
                    for employees of agencies under sections 5702 and 5703 of title 5,
                    United States Code.   However, each Council  may  enter  into
                    contracts to provide compensation and  expenses to members of
                    the committees created under subsections (d), (e), and (f).
                  (k) FUNDING.—
                     (1) REQUIREMENT.—Approval of the contingency  plans re-
                    quired of owners  and operators of the Cook  Inlet and Prince
                    William Sound terminal facilities and  crude oil  tankers while
                    operating in Alaskan  waters in commerce with those terminal
                    facilities shall be effective only so long as the respective Associa-
                    tion and Council for a facility are funded pursuant to paragraph
                    (2).
                     (2) PRINCE WILLIAM SOUND PROGRAM.—The owners or opera-
                    tors of terminal facilities or  crude  oil tankers  operating in
                    Prince William Sound shall provide, on  an annual basis, an
                    aggregate amount of not more than §2,000,000, as determined
                    by the Secretary. Such amount—
                          (A) shall provide for the establishment and operation on
                        the environmental oversight and  monitoring program in
                        Prince William Sound;
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 551

             (B)  shall  be  adjusted annually by  the Anchorage
           Consumer Price Index; and
             (C) may be adjusted periodically upon the mutual consent
           of the owners or operators of terminal facilities or crude oil
           tankers operating in Prince William Sound and the Prince
           William Sound terminal facilities Council.
         (3) COOK INIJZT PROGRAM.—The owners or operators of termi-
       nal facilities, offshore facilities, or crude oil tankers  operating
       in Cook Inlet shall  provide, on an annual basis, an  aggregate
       amount of not more than $1,000,000, as determined by the
       Secretary. Such amount—
             (A) shall provide for  the establishment and operation of
           the environmental oversight  and monitoring program in
           Cook Inlet;
             (B)  shall  be  adjusted annually by  the Anchorage
           Consumer Price Index; and
             (C) may be adjusted periodically upon the mutual consent
           of the owners or operators of terminal facilities, offshore
           facilities, or crude oil tankers operating in Cook  Inlet and
           the Cook Inlet Council.
     G) REPORTS.—
         (1) ASSOCIATIONS AND COUNCILS.—Prior to the expiration of
       the 36-month period following the date of the enactment of this
       section, each Association and Council established by this section
       shall report to the President  and the Congress concerning its
       activities under this section, together with its recommendations.
         (2) GAO.—Prior to the expiration of the  36-month period
       following the date of the enactment of this section, the General
       Accounting Office shall report to the President and the Con-
       gress as to the handling of funds, including donated  funds, by
       the entities carrying out the programs under this section, and
       the effectiveness of the demonstration  programs  carried out
       under this section, together with its recommendations.
     (m) DEFINITIONS.—As used in this section, the term—
         (1) "terminal facilities" means—
             (A) in the case of the Prince William Sound Program, the
           entire  oil terminal complex  located  in Valdez, Alaska,
           consisting of approximately 1,000 acres  including all build-
           ings, docks (except docks owned by the City of  Valdez if
           those  docks are not used for  loading  of crude oil), pipes,
           piping, roads, ponds, tanks, crude oil tankers only while at
           the terminal dock, tanker escorts owned or operated by the
           operator of the terminal, vehicles, and other facilities  asso-
           ciated with, and necessary for, assisting tanker movement
           of crude oil into and out  of the  oil terminal complex; and
             (B) in the case of the Cook Inlet Program, the  entire oil
           terminal complex including  all buildings, docks, pipes,
           piping, roads, ponds, tanks, vessels, vehicles, crude oil tank-
           ers only while at  the terminal dock, tanker escorts owned
           or operated by the operator of the terminal, emergency spill
           response vessels owned or operated by the operator of the
           terminal, and other facilities associated with, and necessary
           for, assisting tanker movement of crude oil into and out of
           the oil terminal complex;
         (2) "crude oil tanker" means a tanker (as that term is defined
       under section 2101 of title 46, United States Code)—
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   104 STAT. 552           PUBLIC LAW 101-380—AUG. 18, 1990

                            (A)  in the case of the Prince William Sound Program,
                          calling at the terminal facilities for the purpose of receiving
                          and  transporting  oil  to  refineries,  operating north  of
                          Middleston Island and bound for or exiting from Prince
                          William Sound; and
                            (B) in the case of the Cook Inlet Program, calling at the
                          terminal  facilities  for the purpose of  receiving  and
                          transporting oil to refineries and operating in Cook Inlet
                          and the Gulf of Alaska north of Amatuli Island, including
                          tankers transiting  to  Cook Inlet  from  Prince William
                          Sound;
                        (3) "vicinity  of the terminal facilities" means that geographi-
                      cal  area surrounding the  environment  of terminal facilities
                      which is directly affected or may be directly affected by the
                      operation of the terminal facilities; and
                        (4) "Secretary" means the Secretary of Transportation.
                    (n) SAVINGS CLAUSE.—
                        (1) REGULATORY AUTHORITY.—Nothing in this section shall be
                      construed  as modifying, repealing, superseding, or preempting
                      any municipal, State  or Federal law or  regulation,  or in any
                      way affecting litigation arising from oil spills or the rights and
                      responsibilities of the United States or the State of Alaska, or
                      municipalities  thereof, to preserve and protect the environment
                      through regulation of land, air, and water uses, of safety, and of
                      related development. The monitoring provided for by this sec-
                      tion shall be designed to help assure compliance with applicable
                      laws and regulations and shall only extend to activities—
                            (A) that would affect or have the potential to affect the
                          vicinity of the  terminal facilities and the area of crude oil
                          tanker operations included in the Programs; and
                            (B) are subject to the United States or State of Alaska, or
                          municipality thereof, law, regulation, or other legal require-
                          ment.
                        (2) RECOMMENDATIONS.—This subsection is not intended to
                      prevent the Association or Council from  recommending to
                      appropriate authorities that existing legal requirements should
                      be modified or that new legal requirements should be adopted.
   Contracts.          (o) ALTERNATIVE  VOLUNTARY ADVISORY GROUP  IN LlEU OF COUN-
                  CIL.—The requirements of subsections (c) through (1), as such subsec-
                  tions apply respectively to the Prince William Sound Program and
                  the Cook Inlet Program, are deemed to have been satisfied so long as
                  the following conditions are met:
                        (1) PRINCE WILLIAM SOUND.—With respect to the Prince Wil-
                      liam Sound Program, the Alyeska Pipeline Service Company or
                      any of its  owner  companies enters  into a contract  for the
                      duration of the operation of the  Trans-Alaska Pipeline System
                      with the Alyeska Citizens Advisory  Committee in existence on
                      the date of enactment of this section, or a successor organiza-
                      tion, to fund that Committee or organization on an annual basis
                      in the amount provided for by  subsection  (kX2XA)  and the
                      President annually certifies  that the Committee or organization
                      fosters the general  goals and  purposes of this section and is
                      broadly representative of the communities and interests in the
                      vicinity  of  the terminal facilities and  Prince  William Sound.
                        (2) COOK INLET.—With respect to the Cook Inlet Program, the
                      terminal facilities, offshore facilities, or crude oil tanker owners
                      and operators enter into a contract with a voluntary advisory
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              PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 553

       organization to fund that organization on an «nmi«1 basis and
       the President annually certifies that the organization foeters
       the general goals and  purposes of this section and is broadly
       representative of the communities and interests in the vicinity
       of the terminal facilities and Cook Inlet.

   SEC 5003. BLJGH REEF LIGHT.                                        33 USC 2733.
     The Secretary of Transportation shall  within one year  after the
   date of the enactment of this title install and ensure operation of an
   automated navigation light on or adjacent to Bligh Reef in Prince
   William Sound, Alaska, of sufficient  power and height to provide
   long-range warning of the location of Bligh Reef.

   SEC 6004. VESSEL TRAFFIC SERVICE SYSTEM.                          33 USC 2734.
     The Secretary of Transportation shall  within one year  after the
   date of the enactment of this title—
         (1) acquire,  install,  and operate such additional equipment  Regulations.
       (which may consist of  radar,  closed circuit  television, satellite
       tracking systems, or other shipboard dependent surveillance),
       train and locate such personnel, and issue such final regulations
       as are necessary to increase the range of the existing  VTS
       system in  the Port of Valdez, Alaska, sufficiently to track the
       locations and movements of tank vessels carrying oil  from the
       Trans-Alaska Pipeline when such vessels are transiting Prince
       William Sound, Alaska, and to sound  an  audible alarm when
       such tankers  depart from designated navigation  routes; and
         (2) submit  to the Committee  on  Commerce, Science,  and  Reports.
       Transportation of the Senate  and the Committee on Merchant
       Marine and Fisheries of the House of Representatives a report
       on the feasibility and desirability  of instituting positive control
       of tank vessel movements in Prince William Sound  by Coast
       Guard personnel using the Port of Valdez, Alaska, VTS system,
       as modified pursuant to paragraph (1).

   SEC. 5005. EQUIPMENT AND  PERSONNEL REQUIREMENTS UNDER TANK  33 USC 2735.
             VESSEL AND FACILITY RESPONSE PLANS.
     (a) IN GENERAL.—In addition to  the requirements for  response
   plans  for vessels established by section 311(j) of the Federal Water
   Pollution Control  Act, as amended by this Act, a response plan for a
   tank vessel operating on Prince William Sound, or a  facility per-
   mitted under  the  Trans-Alaska  Pipeline Authorization Act (43
   U.S.C. 1651 et seq.), shall provide for—
         (1) prepositioned oil spill containment and removal equipment
       in  communities and other strategic  locations within the  geo-
       graphic  boundaries of Prince William  Sound, including escort
       vessels with skimming capability; barges  to receive recovered
       oil; heavy duty sea boom, pumping, transferring, and lightering
       equipment; and other appropriate removal equipment for the
       protection of the environment, including fish hatcheries;
         (2) the establishment of an oil spill removal organization at
       appropriate locations  in Prince William Sound, consisting of
       trained personnel in sufficient numbers to immediately remove,
       to the maximum extent practicable, a worst case discharge or a
       discharge of 200,000 barrels of oil, whichever is greater;
         (3) training in oil  removal techniques for  local residents and
       individuals engaged in the cultivation  or production of fish or
       fish products in Prince William Sound;
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   104 STAT. 554           PUBLIC LAW 101-380—AUG. 18, 1990

                       (4) practice exercises not less than 2 times per year which test
                     the capacity of the equipment and personnel required under
                     this paragraph; and
                       (5) periodic testing and certification of  equipment required
                     under this paragraph, as required by the Secretary.
                   fb) DEFINITIONS.—In this section—
                       (1) the term "Prince William  Sound" means all State  and
                     Federal waters within Prince William Sound, Alaska, including
                     the approach to Hinchenbrook Entrance out to and encompass-
                     ing Seal Rocks; and
                       (2) the term "worst case discharge" means—
                           (A) in the case of a vessel, a discharge in adverse weather
                         conditions of its entire cargo; and
                           (B) in the  case of a facility, the largest foreseeable dis-
                         charge in adverse weather conditions.

   33 USC 2736.     SEC. 5006. FUNDING.
                   (a) SECTION 5001.—Amounts in the Fund shall be available, sub-
                 ject to appropriations, and shall remain available  until expended, to
                 carry out section 5001 as follows:
                       (1) $5,000,000 shall be available for the first fiscal year begin-
                     ning after the date of enactment of this Act.
                       (2) $2,000,000 shall be available for each  of the 9  fiscal years
                     following the fiscal year described in paragraph (1).
                   
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                PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 555

          (1) admiralty and maritime law; or
          (2) the jurisdiction of the district courts of the United States
        with respect to civil actions  under admiralty and maritime
        jurisdiction, saving to suitors in all cases all other remedies to
        which they are otherwise entitled.

    SEC 6002. ANNUAL APPROPRIATIONS.                                 33 USC 2752.
      (a) REQUIRED.—Except as provided in subsection (b), amounts in
    the Fund shall be available only as provided in annual appropria-
    tion Acts.
      (b) EXCEPTIONS.—Subsection  (a) shall  not apply to sections 1006(0,
    1012(aX4), or 5006(b), and shall not apply to an amount not to exceed
    $50,000,000 in any fiscal year which the President may make avail-
    able from the Fund to carry out section 31 He) of the Federal Water
    Pollution Control Act,  as amended by  this  Act, and to initiate the
    assessment  of natural resources damages  required  under section
    1006. Sums  to which this subsection applies shall remain available
    until expended.
    SEC 6003. OUTER BANKS PROTECTION.                                Outer Banks
                          .                 .                         Protection Act.
      (a) SHORT TITLE.—This section may be cited as the  Outer Banks  North Carolina.
    Protection Act".                                                 33 USC 2753.
      (b) FINDINGS.—The Congress finds that—
          (1) the Outer Banks of  North Carolina is an area of excep-
        tional environmental fragility and beauty;
          (2) the  annual  economic benefits of commercial and rec-
        reational fishing activities to North Carolina, which could  be
        adversely affected by oil or gas development offshore the State's
        coast, exceeds $1,000,000,000;
          (3) the major industry in  coastal North Carolina is tourism,
        which is subject to potentially significant disruption by offshore
        oil or gas development;
          (4) the  physical oceanographic  characteristics of the  area
        offshore North Carolina between Cape Hatteras and the mouth
        of the Chesapeake Bay are not well understood, being affected
        by Gulf Stream western  boundary perturbations and accom-
        panying warm filaments, warm and cold core rings which sepa-
        rate from the Gulf Stream, wind stress, outflow from the Chesa-
        peake Bay,  Gulf Stream meanders, and intrusions of Virginia
        coastal waters around and over the  Diamond shoals;
          (5) diverse and  abundant fisheries  resources  occur in the
        western boundary area of the Gulf  Stream offshore North Caro-
        lina, but little is understood of the complex ecological relation-
        ships between the  life  histories of those species and their phys-
        ical, chemical, and biological environment;
          (6) the environmental impact statements prepared for Outer
        Continental Shelf lease sales numbered 56 (1981) and 78 (1983)
        contain insufficient  and outdated  environmental information
        from which to make decisions on approval of additional oil and
        gas leasing, exploration, and development activities;
          (7) the draft environmental report, dated November  1, 1989,
        and  the preliminary final environmental report dated  June 1,
        1990, prepared pursuant  to a July 14, 1989 memorandum of
        understanding between the State of North Carolina, the Depart-
        ment of the Interior,  and the Mobil Oil Company, have not
        allayed concerns about  the adequacy  of  the  environmental
        information available  to  determine whether to  proceed  with
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    104 STAT. 556           PUBLIC LAW 101-380—AUG. 18, 1990

                      additional offshore  leasing, exploration, or development off-
                      shore North Carolina; and
                        (8) the National Research Council report entitled "The Ade-
                      quacy  of Environmental Information  for  Outer Continental
                      Shelf Oil and Gas Decisions: Florida and California", issued in
                      1989, concluded that—
                           (A) information with  respect to those States, which have
                          received greater scrutiny than has North Carolina, is inad-
                          equate; and
                           (B) there are serious generic defects in  the Minerals
                          Management Service's methods of environmental analysis,
                      reinforcing concerns about  the adequacy of the  scientific and
                      technical information which are the basis for a decision to lease
                      additional tracts or approve an exploration plan offshore North
                      Carolina, especially with respect  to oceanographic, ecological,
                      and socioeconomic information.
                    (c) PROHIBITION  OF  OIL AND GAS  LEASING,  EXPLORATION,  AND
                  DEVELOPMENT.—
                        (1) PROHIBITION.—The Secretary of the Interior shall not—
                           (A) conduct a lease sale;
                           (B) issue any new leases;
                           (C) approve any exploration plan;
                           (D) approve any development and production plan;
                           (E) approve any application for permit to drill; or
                           (F) permit any drilling,
                      for oil or gas under the Outer Continental Shelf  Lands Act on
                      any lands of the Outer Continental Shelf offshore North Caro-
                      lina.
                        (2) BOUNDARIES.—For  purposes  of paragraph  (1), the  term
                      "offshore North Carolina" means the area within the lateral
                      seaward boundaries  between areas offshore North Carolina and
                      areas offshore—
                           (A) Virginia as provided in the joint resolution entitled
                          "Joint resolution granting the consent of  Congress to an
                          agreement between the States of North Carolina and Vir-
                          ginia establishing  their lateral  seaward  boundary" ap-
                          proved October 27,1972 (86 Stat. 1298); and
                           (B) South Carolina as provided in the Act entitled "An
                          Act granting  the consent of Congress to  the agreement
                          between the States of North  Carolina and  South Carolina
                          establishing their  lateral  seaward boundary" approved
                          October 9, 1981 (95 Stat. 988).
                        (3) DURATION OF PROHIBITION.—
                           (A) IN GENERAL.—The prohibition under paragraph (1)
                          shall remain in effect until the later of—
                               (i) October 1,1991; or
    Reports.                      (ii) 45 days of continuous session of the Congress after
                              submission of a written report to the Congress by the
                              Secretary of the Interior, made after consideration of
                              the  findings and  recommendations of  the  Environ-
                              mental Sciences Review Panel  under subsection (e)—
                                   (I) certifying that  the information  available,
                                 including information acquired pursuant to subsec-
                                 tion (d), is sufficient  to  enable the  Secretary to
                                 carry out his responsibilities under the Outer Con-
                                 tinental Shelf Lands Act with respect to authoriz-
                                 ing the activities described in paragraph  (1); and
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               PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 557

                     (II) including a detailed explanation of any dif-
                   ferences  between such certification and the find-
                   ings and recommendations of the Environmental
                   Sciences  Review Panel under subsection (e), and a
                   detailed justification of each such difference.
             (B) CONTINUOUS SESSION OF CONGRESS.—In computing any
           45-day  period  of continuous  session of  Congress  under
           subparagraph (AXii)—
                 (i) continuity of session is broken only by an adjourn-
               ment of the Congress sine die; and
                 (ii) the days on which either House of Congress is not
               in session because of an adjournment of more than 3
               days to a day certain are excluded.
     (d) ADDITIONAL ENVIRONMENTAL INFORMATION.—The Secretary of
   the Interior shall undertake ecological and socioeconomic studies,
   additional physical oceanographic studies,  including actual field
   work and the  correlation of existing data, and  other  additional
   environmental  studies, to obtain sufficient information about all
   significant conditions, processes, and environments which influence,
   or may  be influenced by, oil and gas leasing, exploration,  and
   development activities offshore  North Carolina  to enable the Sec-
   retary to carry out his responsibilities under the Outer Continental
   Shelf Lands Act with respect to  authorizing  the activities described
   in subsection (cXl). During the time that the Environmental Sci-
   ences Review Panel established under subsection (e) is in existence,
   the Secretary  of the  Interior shall  consult  with such  Panel in
   carrying out this subsection.
     (e) ENVIRONMENTAL SCIENCES REVIEW PANEL.—                    Establishment.
         (1) ESTABLISHMENT  AND MEMBERSHIP.—There shall be estab-
       lished an Environmental Sciences Review Panel, to consist of—
             (A) 1 marine scientist selected by the Secretary of the
           Interior;
             (B) 1  marine scientist selected by the  Governor of North
            Carolina; and
             (C) 1 person each from the disciplines of physical oceanog-
            raphy, ecology, and social science, to be selected jointly by
           the Secretary of the  Interior and the Governor of North
            Carolina from a  list of individuals  nominated by the Na-
            tional Academy of Sciences.
         (2) FUNCTIONS.—Not later than 6 months after the date of the
       enactment  of  this Act,  the Environmental Sciences  Review
       Panel shall—
             (A) prepare and submit  to the Secretary of the Interior
            findings and recommendations—
                 (i)  assessing the adequacy  of  available physical
               oceanographic, ecological, and socioeconomic informa-
               tion in enabling the Secretary to carry out his  respon-
               sibilities under the Outer Continental Shelf Lands Act
               with respect  to authorizing the activities described in
               subsection (cXD; and
                 (ii) if such  available information is  not adequate for
               such purposes, indicating what additional information
               is  required to enable the Secretary to carry out such
               responsibilities; and
             (B) consult with the Secretary of the Interior as provided
            in subsection (d).
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   104 STAT. 558           PUBLIC LAW 101-380—AUG. 18, 1990

                       (3) EXPENSES.—Each member of the Environmental Sciences
                     Review Panel shall be reimbursed for actual  travel expenses
                     and shall receive per diem in  lieu of subsistence for each day
                     such member is engaged in the business of the Environmental
                     Sciences Review Panel.
                       (4) TERMINATION.—The Environmental Sciences Review Panel
                     shall be terminated after the submission of all findings and
                     recommendations required under paragraph (2XA).
                   (f) AUTHORIZATION  OF APPROPRIATIONS.—There are authorized to
                 be appropriated to the Secretary of the Interior to carry out this
                 section not to exceed $500,000 for fiscal year 1991, to remain avail-
                 able until expended.

                 SEC. 6004. COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-
                            BEARING AREAS.
                   (a) AMENDMENT TO OUTER CONTINENTAL SHELF LANDS ACT.—Sec-
                 tion 5 of the Outer Continental Shelf Lands  Act, as amended (43
                 U.S.C. 1334), is  amended by adding a new subsection (j) as follows:
                   "(j) COOPERATIVE DEVELOPMENT OF COMMON HYDROCARBON-BEAR-
                 ING AREAS.—
                       "(1) FINDINGS.—
                           "(A)  The Congress of the United States  finds that the
                         unrestrained competitive production of hydrocarbons from
                         a common hydrocarbon-bearing geological area underlying
                         the Federal and State boundary may result in a number of
                         harmful national effects, including—
                              "(i) the drilling of unnecessary wells, the installation
                            of unnecessary facilities and other imprudent operating
                            practices that result in economic waste, environmental
                            damage, and damage to life and property;
                              "(ii) the physical waste of hydrocarbons and  an un-
                            necessary  reduction in the amounts of hydrocarbons
                            that can be produced from certain hydrocarbon-bearing
                            areas; and
                              "(iii) the loss  of correlative rights which can result in
                            the reduced value  of  national  hydrocarbon resources
                            and disorders  in  the leasing  of Federal  and State
                            resources.
                       "(2) PREVENTION OF HARMFUL EFFECTS.—The  Secretary shall
                     prevent, through the cooperative development  of an area, the
                     harmful  effects  of unrestrained  competitive  production  of
                     hydrocarbons from a common hydrocarbon-bearing area under-
                     lying the Federal and State boundary.".
   Louisiana.         (b) EXCEPTION FOR WEST DELTA FIELD.—Section 5
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 559

    contract or otherwise. Interest shall be computed for  the period
    March 21,1989 until the date of payment.


      TITLE VII—OIL POLLUTION RESEARCH

            AND DEVELOPMENT PROGRAM

    SEC 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.  33 USC 2761.
      (a) INTBRAGENCY COORDINATING  COMMITTEE ON  OIL  POLLUTION
    RESKAKCH.—
          (1) ESTABLISHMENT.—There is established an Interagency Co-
       ordinating Committee on Oil Pollution Research (hereinafter in
       this section referred to as the "Interagency Committee").
          (2) PURPOSES.—The Interagency Committee shall coordinate a
       comprehensive program of oil pollution research,  technology
       development, and demonstration among the Federal agencies,
       in cooperation and coordination  with  industry, universities,
       research institutions, State governments, and other  nations, as
       appropriate,  and shall  foster cost-effective research  mecha-
       nisms, including the joint funding of research.
          (3) MEMBERSHIP.—The Interagency Committee shall  include
       representatives from the Department of Commerce (including
       the National Oceanic and Atmospheric Administration and the
       National  Institute of Standards and Technology), the Depart-
       ment of Energy, the Department of the Interior (including the
       Minerals  Management Service and the United States Fish and
       Wildlife Service), the Department of Transportation (including
       the United States Coast Guard, the Maritime Administration,
       and the  Research and  Special Projects Administration), the
       Department of Defense (including the Army Corps of Engineers
       and the Navy), the Environmental Protection Agency, the Na-
       tional Aeronautics and  Space Administration, and  the United
       States Fire Administration in the Federal Emergency Manage-
       ment Agency, as well  as  such other Federal agencies as the
       President may designate.
    A representative of the Department of Transportation shall serve as
    Chairman.
      (b) OIL POLLUTION RESEARCH AND TECHNOLOGY PLAN.—
          (1) IMPLEMENTATION PLAN.—Within 180 days after the date of
       enactment of this Act, the Interagency Committee shall submit
       to Congress a plan for the implementation  of the oil pollution
       research, development, and demonstration program  established
        pursuant to subsection (c). The research plan shall—
             (A) identify agency roles and responsibilities;
             (B) assess the current status of knowledge on oil pollution
            prevention, response,  and  mitigation technologies  and  ef-
            fects of oil pollution on the environment;
             (C) identify significant oil pollution research gaps includ-
            ing an assessment  of major  technological deficiencies in
            responses to past oil discharges;
             (D) establish research priorities and goals for oil pollution
            technology development related to prevention, response,
            mitigation, and environmental effects;
             (E) estimate  the resources needed to  conduct  the  oil
            pollution research  and development program  established
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   104 STAT. 560           PUBLIC LAW 101-380—AUG. 18, 1990

                         pursuant to subsection  (c), and timetables for  completing
                         research tasks; and
                           (F) identify, in consultation  with the States, regional oil
                         pollution research needs and  priorities for a coordinated,
                         multidisciplinary program of research at the regional level.
   Contracts.             (2)  ADVICE  AND  GUIDANCE.—The Chairman, through the
                     Department of Transportation, shall contract with the National
                     Academy of Sciences to—
                           (A) provide advice and guidance in the preparation and
                         development of the research plan; and
   Reports.                  (B) assess the adequacy  of  the plan as submitted, and
                         submit a report to Congress  on  the conclusions  of such
                         assessment.
                     The National Institute of Standards and Technology shall pro-
                     vide the Interagency Committee with advice and guidance on
                     issues relating  to quality assurance and standards measure-
                     ments relating to its activities under this section.
                   (c) OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.—
                       (1) ESTABLISHMENT.—The Interagency Committee shall coordi-
                     nate the establishment, by the agencies represented  on the
                     Interagency Committee, of a program for conducting oil pollu-
                     tion research and development, as provided in this  subsection.
                       (2) INNOVATIVE OIL POLLUTION TECHNOLOGY.—The program
                     established under this  subsection shall  provide for research,
                     development, and demonstration  of  new  or improved tech-
                     nologies which are effective in preventing  or mitigating oil
                     discharges and which protect the environment, including—
                           (A)  development  of improved designs  for vessels and
                         facilities, and improved operational practices;
                           (B)  research, development,  and  demonstration   of im-
                         proved technologies to measure the ullage of a vessel tank,
                         prevent discharges  from tank vents,  prevent  discharges
                         during lightering and bunkering operations, contain dis-
                         charges on  the deck of a vessel, prevent discharges through
                         the  use of  vacuums in  tanks, and  otherwise contain dis-
                         charges of oil from vessels and facilities;
                           (C) research, development, and demonstration of new or
                         improved systems of mechanical, chemical, biological, and
                         other  methods (including the use of dispersants, solvents,
                         and bioremediation) for the recovery, removal, and disposal
                         of oil, including evaluation of the environmental effects of
                         the use of such systems;
   Texas.                    (D) research and  training, in consultation with the Na-
                         tional Response Team, to improve industry's and Govern-
                         ment's ability to quickly and effectively remove  an  oil
                         discharge, including the long-term use, as appropriate, of
                         the National Spill Control School in Corpus Christi, Texas;
                           (E) research to improve information systems for decision-
                         making, including  the use  of data from  coastal mapping,
                         baseline data, and other data related to the environmental
                         effects of oil discharges, and cleanup technologies;
                           (F) development of technologies and  methods to  protect
                         public health and safety from oil discharges, including the
                         population directly exposed to an oil discharge;
                           (G) development of technologies, methods, and standards
                         for protecting removal personnel, including training, ade-
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                PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 561

            quate supervision, protective  equipment,  maximum expo-
            sure limits, and decontamination procedures;
              (H) research and development of methods to restore and
            rehabilitate natural  resources damaged by oil  discharges;
              (I) research to evaluate the relative effectiveness  and
            environmental impacts of bioremediation technologies; and
              (J)  the demonstration  of a satellite-based,  dependent
            surveillance vessel traffic system  in Narragansett Bay to
            evaluate the utility of such system in reducing the risk of
            oil discharges from vessel collisions and groundings in  con-
            fined waters.
          (3) OIL POLLUTION TECHNOLOGY  EVALUATION.—The program
        established under this subsection shall provide for oil pollution
        prevention and  mitigation technology evaluation including—
              (A) the evaluation and testing of technologies developed
            independently of the research and development program
            established under this subsection;
              (B) the establishment, where appropriate, of standards
            and  testing protocols traceable to national standards to
            measure the performance of oil  pollution prevention or
            mitigation technologies; and
              (C) the use, where  appropriate, of controlled field testing
            to evaluate  real-world application of oil discharge preven-
            tion or mitigation technologies.
          (4) OIL POLLUTION  EFFECTS RESEARCH.—(A)  The  Committee
        shall establish a research program to monitor  and evaluate the
        environmental  effects  of oil  discharges.  Such  program shall
        include the following elements:
              (i) The development of improved models and capabilities
            for predicting the environmental fate, transport, and effects
            of oil discharges.
              (ii) The  development  of methods, including  economic
            methods, to assess damages to natural resources resulting
            from oil discharges.
              (iii) The  identification of types  of ecologically sensitive
            areas at particular risk to oil discharges and the prepara-
            tion  of scientific monitoring and evaluation plans, one for
            each of several types of ecological conditions, to  be imple-
            mented in the event of major oil discharges in such areas.
              (iv) The collection  of environmental baseline data in eco-
            logically sensitive areas at particular risk to oil discharges
            where such data are insufficient.
          (B)  The Department of Commerce in  consultation with the
        Environmental Protection Agency shall monitor and scientif-
        ically evaluate the long-term environmental effects of oil dis-
        charges if—
              (i) the amount of oil discharged exceeds 250,000 gallons;
              (ii) the oil discharge has occurred on or after January  1,
            1989; and
              (iii) the Interagency Committee  determines that a study
            of the long-term environmental effects of the  discharge
            would be  of  significant scientific  value,  especially for
            preventing or responding to future oil discharges.
        Areas for study may include the following sites where oil dis-  State listing.
        charges have occurred: the New York/New Jersey Harbor area,
        where oil was discharged by an Exxon  underwater pipeline, the
        T/B CffiRO SAVANNAH,  and  the  M/V BT NAUTILUS;
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    104 STAT. 562
   State listing.
   New Jersev.
   Grants.
   Schools and
   colleges.
        PUBLIC LAW 101-380—AUG. 18, 1990

Narragansett  Bay where oil was discharged by the WORLD
PRODIGY; the Houston Ship Channel where oil was discharged
by  the  RACHEL B; the  Delaware River, where  oil was dis-
charged by the PRESIDENTS RIVERA, and Huntington Beach,
California,  where  oil  was discharged  by  the AMERICAN
TRADER.
  (C) Research conducted  under this paragraph by, or through,
the United  States Fish and Wildlife Service shall be directed
and coordinated  by the  National  Wetland  Research Center.
  (5) MARINE SIMULATION  RESEARCH.—The program established
under this subsection shall include research on the greater use
and application  of geographic and vessel response simulation
models, including the development of additional data bases and
updating of existing data bases using, among others, the re-
sources of the National  Maritime Research Center, It  shall
include research and vessel simulations for—
      (A) contingency plan evaluation and amendment;
      (B) removal and strike team training;
      (C) tank vessel personnel training; and
      (D)  those geographic areas where  there is a significant
    likelihood of a major oil discharge.
  (6)  DEMONSTRATION   PROJECTS.—The United  States  Coast
Guard, in conjunction with other such agencies in the Depart-
ment of Transportation as the Secretary of Transportation may
designate, shall conduct 3 port oil  pollution minimization dem-
onstration projects, one each with (A) the Port Authority of New
York and  New Jersey, (B) the Ports of Los Angeles and  Long
Beach, California, and (C) the Port of New Orleans, Louisiana,
for the purpose of developing and demonstrating integrated port
oil pollution prevention and cleanup systems which utilize the
information and implement the improved  practices  and  tech-
nologies developed from the research,  development,  and  dem-
onstration program established  in this section. Such systems
shall utilize improved technologies and management practices
for reducing the risk of oil discharges, including, as appropriate,
improved data access, computerized tracking of oil shipments,
improved  vessel tracking and  navigation systems,  advanced
technology to monitor pipeline  and tank conditions, improved
oil spill response capability,  improved capability to predict the
flow and effects  of oil discharges in both the inner and outer
harbor areas for  the purposes  of  making infrastructure  deci-
sions, and such other activities  necessary to achieve the  pur-
poses of this section.
  (7)  SIMULATED  ENVIRONMENTAL  TESTING.—Agencies   rep-
resented on  the Interagency Committee shall ensure the  long-
term use and  operation of the  Oil and  Hazardous  Materials
Simulated Environmental Test Tank  (OHMSETT)  Research
Center in  New Jersey for oil pollution technology testing and
evaluations.
  (8) REGIONAL RESEARCH PROGRAM.—(A) Consistent with the
research plan in subsection (b), the Interagency Committee
shall coordinate a program of competitive grants to universities
or other research institutions, or groups of universities or re-
search institutions, for the purposes of conducting a coordinated
research program related to the regional aspects of oil pollution,
such as prevention, removal, mitigation, and the effects of
discharged oil  on regional environments. For the  purposes of
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                                            85

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                PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 563

        this paragraph, a region means a Coast Guard district as set out
        in part 3 of title 33, Code of Federal Regulations (1989).
          CB) The Interagency Committee shall coordinate the publica-
        tion by the agencies represented on the Interagency Committee
        of a solicitation for grants under this  subsection. The applica-
        tion shall be in such form and contain such information as may
        be required in the published solicitation. The applications shall
        be reviewed by the Interagency Committee, which shall make
        recommendations  to   the  appropriate granting agency rep-
        resented on the Interagency Committee for awarding the grant.
        The granting agency  shall award the  grants recommended by
        the  Interagency Committee unless the agency  decides not to
        award the grant due to budgetary or other compelling consider-
        ations and publishes its reasons for such a determination in the
        Federal Register. No  grants may be made by any agency from
        any funds  authorized for this  paragraph unless such grant
        award has first been recommended by the Interagency Commit-
        tee.
          (C) Any  university  or other research institution, or group of
        universities or research institutions, may apply  for a grant for
        the  regional research program established by this  paragraph.
        The applicant must be located in the region, or in a State a part
        of which is in the region, for  which the project is proposed as
        part of the regional research program. With respect to a group
        application, the entity or entities which will  carry  out  the
        substantial portion of the proposed research must be located in
        the region, or in a State a part of which is in  the region, for
        which the project  is proposed as part  of the regional research
        program.
          (D) The Interagency Committee shall make recommendations
        on grants in such a manner as to ensure an appropriate balance
        within a region among the  various  aspects of oil  pollution
        research, including prevention, removal, mitigation, and  the
        effects of discharged oil on regional environments. In addition,
        the  Interagency Committee shall  make recommendations for
        grants based on the following criteria:
               (i) There is available to the applicant for carrying out this
             paragraph demonstrated research resources.
               (ii) The applicant demonstrates the capability  of making
             a significant contribution to regional research needs.
               (iii)  The projects which the applicant proposes to carry
             out under the grant are consistent with the research plan
             under subsection  (bXIXF)  and would further the objectives
             of the research  and  development program  established in
             this section.
          (E) Grants provided under this paragraph shall be for a period
        up to 3 years, subject to annual review by the granting agency,
        and provide not more than  80 percent of the costs of  the
        research activities carried out in connection with the grant.
          (F) No funds made available to carry out this subsection may
        be used for the acquisition of real property (including buildings)
        or construction of any building.
          (G) Nothing in this paragraph is intended to alter or abridge
        the authority under existing law of any Federal agency to make
        grants, or enter into contracts or cooperative agreements, u^ing
        funds other than those authorized in this Act for the purposes of
        carrying out this paragraph.
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 104 STAT. 564           PUBLIC LAW 101-380—AUG. 18, 1990

                      (9) FUNDING.—For each of the fiscal years 1991, 1992, 1993,
                    1994, and 1995,  $6,000,000  of amounts in  the Fund shall  be
                    available to carry out the regional research program in para-
                    graph (8), such amounts to be available in equal amounts for the
                    regional research program  in each region; except that if the
                    agencies represented on the Interagency Committee determine
                    that regional research needs  exist  which cannot be addressed
                    within such funding limits, such agencies may use their author-
                    ity under paragraph (10) to make additional grants to meet such
                    needs. For the purposes of this paragraph, the research program
                    carried out by the  Prince  William Sound  Oil Spill Recovery
                    Institute established under section 5001, shall not be eligible to
                    receive grants under this paragraph.
                      (10) GRANTS.—In carrying out the research and development
                    program  established under this subsection, the agencies rep-
                    resented  on the  Interagency  Committee may enter into con-
                    tracts and cooperative agreements and make grants to univer-
                    sities, research institutions, and other persons. Such contracts,
                    cooperative agreements, and grants shall address research and
                    technology priorities set forth in the oil pollution research plan
                    under subsection (b).
                      (11) In carrying out research under this section, the Depart-
                    ment of Transportation shall continue to utilize the resources of
                    the Research  and  Special  Programs  Administration  of the
                    Department of Transportation,  to the  maximum extent prac-
                    ticable.
                  (d) INTERNATIONAL COOPERATION.—In accordance with the  re-
                search  plan  submitted  under  subsection  (b), the  Interagency
                Committee  shall coordinate and cooperate with other nations and
                foreign research entities in conducting oil pollution research, devel-
                opment, and  demonstration  activities, including controlled field
                tests of oil discharges.
                  (e)  BIENNIAL  REPORTS.—The  Chairman of  the   Interagency
                Committee shall submit to Congress every 2 years on October 30 a
                report on the  activities carried out under this section in the preced-
                ing 2 fiscal years, and on activities proposed to be carried out under
                this section in the current 2 fiscal year period.
                  (f) FUNDING.—Not to  exceed 521,250,000 of amounts in the Fund
                shall be available annually to  carry  out this  section except for
                subsection (cX8). Of such sums—
                      (1) funds authorized  to be appropriated to  carry out the
                    activities  under subsection (cX4)  shall not exceed $5,000,000 for
                    fiscal year 1991 or $3,500,000 for any subsequent fiscal year; and
                      (2) not less than $2,250,000 shall be available for carrying out
                    the activities in subsection (cX6) for fiscal years 1992, 1993, 1994,
                    and 1995.
                All activities authorized in this  section, including subsection (cX8),
                are subject to appropriations.


                   TITLE VIII—TRANS-ALASKA PIPELINE

                                        SYSTEM

 43 USC 1651      SEC. 8001. SHORT TITLE.
                  This  title may be  cited as the "Trans-Alaska Pipeline System
                Reform Act of 1990".
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               PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 565


       Subtitle A—Improvements to  Trans-Alaska

                        Pipeline System

    SEC 8'01. LIABILITY WITHIN THE OTATE OF  ALASKA  AND CLEANUP
              EFFORTS.
      (a) CAUSE OF ACCIDENT.—Section 204(aXl) of the Trans-Alaska
    Pipeline  Authorization Act (43 UJ3.C. 1653(aXl)) is amended by
    striking out "caused by" in the first sentence and inserting in lieu
    thereof "caused solely by".
      (b) LIMITATION OF LIABILITY.—Section 204(aX2) of the Trans-Alaska
    Pipeline  Authorization Act (43 U.S.C. 1653(aX2)) is amended by
    striking "$50,000,000" each place it occurs  and inserting in lieu
    thereof "$350,000,000".
      (c) CLEANUP EFFORTS.—Section 204(b) of the Trans-Alaska Pipeline
    Authorization Act (43 U.S.C. 1653(b)) is amended  in the first sen-
    tence—
          (1) by inserting after "any area" the following: "in the State
        of Alaska";
          (2) by inserting after "any activities"  the following: "related
        to the Trans-Alaska Pipeline System, including operation of the
        terminal,"; and
          (3) by inserting after "other Federal" the first place it appears
        the following: "or State".

    SEC 8102. TRANS-ALASKA PIPELINE LIABILITY FUND.
      (a) TERMINATION OF CERTAIN PROVISIONS.—
          (1)  REPEAL.—Section 204(c)  of the Trans-Alaska  Pipeline
        Authorization Act (43 U.S.C.  1653(c)) is repealed, effective as
        provided in paragraph (5).
          (2) DISPOSITION OF FUND BALANCE.—                          43 use 1653
              (A)  RESERVATION  OF  AMOUNTS.—The  trustees  of the  note-
           Trans-Alaska  Pipeline  Liability  Fund  (hereafter  in this
           subsection referred to  as the "TAPS Fund") shall  reserve
           the following amounts in the TAPS Fund—
                  (i)  necessary to pay claims  arising  under  section
               204(c) of the  Trans-Alaska Pipeline Authorization Act
               (43 U.S.C. 1653(c)); and
                  (ii) administrative expenses reasonably necessary for
               and  incidental to the implementation of section 204(c)
               of that Act.
              (B) DISPOSITION OF THE BALANCE.—After the Comptroller
           General  of the  United States certifies that the require-
           ments of subparagraph (A) have been met, the trustees of
           the TAPS Fund shall dispose of the balance in the TAPS
           Fund  after the  reservation of amounts are made under
           subparagraph (A) by—
                  (i) rebating the pro rata share of the balance to the
               State of Alaska for its contributions as an owner of oil;
               and then
                  (ii) transferring and depositing the remainder of the
               balance into  the Oil Spill Liability Trust Fund estab-
               lished under section 9509 of the Internal Revenue Code
               of 1986 (26 U.S.C. 9509).
              (C) DISPOSITION  OF THE RESERVED AMOUNTS.—After pay-
           ment of all claims arising from an incident for which funds
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  104 STAT. 566
           PUBLIC LAW 101-380—AUG. 18, 1990
  43 USC 1653
  note.
  43 USC 1653
  note.
  43 USC 1653
  note.
        are reserved under subparagraph (A) and certification by
        the Comptroller  General of the  United States that the
        claims arising from that incident have been paid, the excess
        amounts, if any, for that incident shall be disposed of as set
        forth under subparagraphs (A) and (B).
          (D)   AUTHORIZATION.—The  amounts  transferred   and
        deposited in the Fund shall be available for the purposes of
        section 1012 of the Oil Pollution Act of 1990 after funding
        sections 5001 and 8103 to the extent that funds have not
        otherwise been provided for the purposes of such sections.
      (3) SAVINGS CLAUSE.—The repeal made by  paragraph (1) shall
    have no effect on any right to recover or  responsibility that
    arises from incidents  subject to section  204(c) of the Trans-
    Alaska Pipeline Authorization Act (43  U.S.C. 1653(c)) occurring
    prior to the date of enactment of this Act.
      (4) TAPS COLLECTION.—Paragraph (5) of section 204(c) of the
    Trans-Alaska Pipeline Authorization Act  (43 U.S.C. 1653(c)) is
    amended by striking the period at  the end  of the second sen-
    tence and adding at the end the following: ", except that  after
    the date of enactment of the  Oil  Pollution Act of 1990, the
    amount to  be accumulated shall be  §100,000,000 or the amount
    determined by the trustees and certified to the Congress by the
    Comptroller General as necessary to pay claims arising  from
    incidents occurring prior to the date of enactment of that Act
    and administrative costs, whichever  is less.".
      (5) EFFECTIVE DATE.—(A) The repeal by paragraph (1) shall be
    effective 60 days after the date on which the Comptroller  Gen-
    eral of the United States certifies to the Congress that—
          (i) all claims arising under section 204(c) of the Trans-
        Alaska Pipeline Authorization Act (43 U.S.C. 1653(c))  have
        been resolved,
          (ii) all actions  for the recovery  of amounts  subject to
        section 204(c) of the Trans-Alaska Pipeline Authorization
        Act have been resolved, and
          (in) all administrative expenses reasonably necessary for
        and incidental to the implementation of section 204(c) of the
        Trans-Alaska Pipeline Authorization Act have been paid.
      (B) Upon the effective date of the repeal pursuant to subpara-
    graph (A), the trustees  of the TAPS Fund shall be relieved of all
    responsibilities under section 204(c) of the Trans-Alaska Pipe-
    line Authorization  Act, but not any  existing legal liability.
      (6) TUCKER  ACT.—This subsection is intended expressly to
    preserve any and all rights and remedies of contributors to the
    TAPS Fund under section  1491 of title 28, United States Code
    (commonly  referred to as the "Tucker Act").
  (b) CAUSE OF ACCIDENT.—Section  204(cX2) of the Trans-Alaska
Pipeline Authorization  Act (43 U.S.C.  1653(cX2)) is amended by
striking out "caused by" in the first sentence and inserting  in lieu
thereof "caused solely by".
  (c)  DAMAGES.—Section   204(c)  of  the  Trans-Alaska  Pipeline
Authorization Act (43 U.S.C. 1653(c)), as amended by this title, is
further amended by adding at the end the following new para-
graphs:
  "(13) For any claims against  the Fund, the term 'damages' shall
include, but not be limited to—
      "(A) the  net loss of taxes, revenues,  fees, royalties, rents, or
    other revenues incurred by a State or a political subdivision of a
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                PUBLIC LAW 101-380—AUG. 18, 1990           104 STAT. 567

        State due to injury, destruction, or lorn of real property, per-
        sonal property, or natural resources, or  diminished economic
        activity due to a discharge of oil; and
          "(B) the net cost of providing increased or additional public
        services during or after removal activities due to a discharge of
        oil, including protection from  fire,  safety, or health hazards,
        incurred by a State or political subdivision of a State.
      "(14) Paragraphs (1) through (13) shall apply only to claims arising
    from incidents occurring before the date of enactment of the Trans-
    Alaska Pipeline System Reform Act of 1990. The Oil Pollution Act of
    1990 shall apply to any incident,  or any  claims arising  from an
    incident, occurring on or after the date of the enactment of that
    Act.".
      (d) PAYMENT OF CLAIMS BY FUND.—Section 204(cX3) of the Trans-
    Alaska Pipeline Authorization Act (43 U.S.C. 1653(cX3)) is amended
    by adding at the end the following: 'The Fund shall expeditiously
    pay claims under this subsection, including such $14,000,000, if the
    owner or operator of a vessel has not paid any such claim within 90
    days after such claim has been submitted to such owner or operator.
    Upon payment of any such  claim, the  Fund shall  be subrogated
    under applicable State and Federal laws to all rights of any person
    entitled to recover under this subsection. In any action brought by
    the Fund against an owner  or operator or an affiliate thereof  to
    recover amounts under this paragraph, the Fund shall be entitled  to
    recover prejudgment interest, costs, reasonable attorney's fees, and,
    in the discretion of the court, penalties.".
      (e) OFFICERS OR TRUSTEES.—Section 204(cX4) of the Trans-Alaska
    Pipeline Authorization Act (43 U.S.C. 1653(cX4)) is amended—
          (1) by inserting "(A)" after "(4)"; and
          (2) by adding at the end the following:
      "(B) No present or former officer or trustee of the Fund shall be
    subject to any liability incurred by the Fund or by the  present or
    former officers or trustees of the Fund, other than liability for gross
    negligence or willful misconduct.
      "(CXi) Subject to clause (ii), each officer and each trustee of the
    Fund—
          "(I) shall be indemnified against  all claims and liabilities to
        which he or she has or shall become subject by reason of serving
        or having served as an officer  or trustee, or by reason of any
        action taken, omitted, or neglected  by him or her as an officer
        or trustee; and
          "(II) shall be reimbursed for all  attorney's fees reasonably
        incurred in connection with any claim or liability.
      "(ii)  No officer or trustee shall  be indemnified against, or be
    reimbursed for, any expenses  incurred in connection with, any claim
    or liability  arising out of his or  her gross negligence or willful
    misconduct.".

    SEC. 8103. PRESIDENTIAL TASK FORCE.                                 43 USC 1651
      (a) ESTABLISHMENT OF TASK FORCE.—
          (1) ESTABLISHMENT AND MEMBERS.—(A) There is hereby estab-
        lished a Presidential Task Force  on the Trans-Alaska Pipeline
        System (hereinafter referred to as the "Task Force") composed
        of the following members appointed by the President:
              (i) Three members, one of whom shall be nominated by
            the Secretary of the Interior, one by  the Administrator of
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  104 STAT. 568          PUBLIC LAW 101-380—AUG. 18, 1990

                        the Environmental Protection Agency, and one by the Sec-
                        retary of Transportation.
                          (ii) Three members nominated by  the Governor of the
                        State of Alaska, one of whom shall be an employee of the
                        Alaska Department of Natural Resources and one of whom
                        shall be an employee of the Alaska Department of Environ-
                        mental Conservation.
                          (iii) One member nominated by the Office of Technology
                        Assessment.
                      (B) Any member appointed to fill a vacancy occurring before
                     the expiration of the term for which his or her predecessor was
                     appointed shall  be  appointed only for the  remainder of such
                     term. A  member may serve after the expiration of his or her
                     term until a successor, if applicable, has taken office.
                      (2)  COCHAIRMEN.—The President shall appoint a  Federal
                     cochairman from among the Federal members of the Task Force
                     appointed pursuant to paragraph (1XA) and the Governor shall
                     designate a State cochairman from among the State members of
                     the Task Force appointed pursuant to paragraph (1XB).
                      (3) COMPENSATION.—Members shall, to the extent approved in
                     appropriations Acts, receive the daily equivalent  of the mini-
                     mum annual rate of basic pay in effect for grade GS-15 of the
                     General  Schedule for each day (including travel time) during
                     which they  are  engaged in  the  actual performance of duties
                     vested in the Task Force, except that members who are State,
                     Federal,  or other governmental employees shall receive no com-
                     pensation under this paragraph in addition to the salaries they
                     receive as such employees.
                      (4) STAFF.—The cochairman of the Task  Force shall appoint a
                     Director  to carry out administrative duties. The Director may
                     hire such staff and  incur such expenses on  behalf of the Task
                     Force for which funds are available.
                      (5) RULE.—Employees of the Task Force shall not, by reason of
                     such employment, be considered to be employees of the Federal
                     Government for any purpose.
                   (b) DUTIES OF THE TASK FORCE.—
                      (1)  AUDIT.—The Task Force shall conduct an audit of the
                     Trans-Alaska  Pipeline  System  (hereinafter referred  to   as
                     "TAPS") including the terminal  at Valdez, Alaska, and other
                     related onshore facilities, make recommendations to the Presi-
                     dent, the Congress, and the Governor of Alaska.
                      (2) COMPREHENSIVE REVIEW.—As part of such audit, the Task
                     Force shall  conduct a comprehensive review of the TAPS  in
                     order to specifically  advise the President, the Congress, and the
                     Governor of Alaska concerning whether—
                          (A) the holder of the Federal and State right-of-way is,
                        and  has been,  in  full compliance with  applicable laws,
                        regulations, and agreements;
                          (B) the laws, regulations, and agreements are sufficient to
                        prevent the release of oil from TAPS  and  prevent other
                        damage or  degradation to the environment and public
                        health;
                          (C) improvements are necessary to  TAPS to prevent re-
                        lease of oil  from TAPS and to prevent other damage or
                        degradation to the environment and public health;
                          (D) improvements are necessary in  the onshore oil spill
                        response capabilities for the TAPS; and
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PUBLIC LAW 101-380—AUG. 18, 1990
                                                            104 STAT. 569
                                                    Classified
                                                    information.
        (E) improvements are necessary in security for TAPS.
    (3) CONSULTANTS.—(A) The Task Force shall retain at  least
  one independent consulting firm with technical  expertise in
  engineering, transportation, safety, the environment, and other
  applicable areas to assist the Task Force in carrying out this
  subsection.
    (B) Contracts with any such firm shall be entered into on a  Contracts.
  nationally competitive basis, and the Task Force shall not select
  any firm with respect to which there  may be a conflict of
  interest in assisting the Task Force in carrying out the audit
  and review. All work performed by such firm shall be under the
  direct and immediate supervision of a registered engineer.
    (4) PUBLIC COMMENT.—The Task Force shall provide an oppor-
  tunity for public comment on its activities including at a mini-
  mum the following:
        (A) Before it begins its audit and review, the Task Force
      shall review reports prepared by other Government entities
      conducting reviews of TAPS and shall  consult with those
      Government entities that are conducting ongoing investiga-
      tions including the General Accounting  Office. It shall also
      hold at least 2 public hearings, at least  1 of which shall be
      held in a community affected by the Exxon Valdez oil  spill.
      Members of the public shall be  given  an opportunity to
      present both oral and written testimony.
        (B) The  Task Force shall provide a mechanism for the
      confidential receipt of information concerning TAPS, which
      may include a designated telephone hotline.
    (5) TASK FORCE REPORT.—The Task Force shall publish a  draft
  report which it shall make available to the public. The public
  will have at least  30 days to provide comments on the  draft
  report. Based  on its  draft report and  the public comments
  thereon, the Task Force shall prepare a final report which  shall
  include its findings, conclusions, and recommendations made as
  a result of  carrying  out  such audit. The  Task  Force  shall
  transmit (and  make  available  to the public), no later than 2
  years  after the date on which funding is made available under
  paragraph (7),  its final report  to  the President, the Congress,
  and the Governor of Alaska.
    (6) PRESIDENTIAL REPORT.—The President shall, within 90 days
  after receiving the Task Force's report, transmit a report to the
  Congress and the Governor of Alaska outlining what measures
  have been taken or will be taken to implement the Task Force's
  recommendations.  The President's report  shall include rec-
  ommended changes, if any, in Federal and State law to enhance
  the safety and operation of TAPS.
    (7) EARMARK.—Of amounts in  the Fund,  $5,000,000  shall  be
  available,  subject to appropriations, annually without  fiscal
  year limitation to carry out the requirements of  this section.
(c) GENERAL ADMINISTRATION AND POWERS OF  THE TASK  FORCE.—
    (1) AUDIT  ACCESS.—The Comptroller General of the United
  States, and any of his or her  duly appointed representatives,
  shall have access, for purposes of audit and examination, to any
  books, documents, papers, and records of the Task Force that
  are pertinent to the funds received and expended  by  the  Task
  Force.
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104 STAT. 570           PUBLIC LAW 101-380—AUG. 18, 1990

                     (2) TERMINATION.—The Task Force shall cease to exist on the
                   date on which the final  report is provided pursuant to subsec-
                   tion (bX5).
Safety.                (3) FUNCTIONS  LIMITATION.—With respect to safety,  oper-
                   ations,  and other matters  related to the pipeline facilities (as
                   such term is defined in section 202(4) of the Hazardous Liquid
                   Pipeline Safety Act of 1979) of the TAPS, the Task Force shall
                   not perform any functions which are the responsibility of the
                   Secretary of Transportation under the Hazardous Liquid Pipe-
                   line Safety Act of 1979, as amended.  The Secretary may use the
                   information gathered by and reports  issued by the Task Force in
                   carrying  out  the Secretary's responsibilities under that Act.
                     (4) POWERS.—The Task Force may, to the extent necessary to
                   carry out its  responsibilities,  conduct investigations, make re-
                   ports, issue subpoenas, require the production of relevant docu-
                   ments and records, take depositions,  and conduct directly or, by
                   contract,  or otherwise,  research, testing, and demonstration
                   activities.
                     (5) EXAMINATION  OF  RECORDS AND PROPERTIES.—The  Task
                   Force,  and the  employees and  agents it  so  designates, are
                   authorized, upon presenting  appropriate credentials to the
                   person  in charge, to  enter upon,  inspect,  and examine, at
                   reasonable times and in  a  reasonable manner, the records and
                   properties of persons to the extent such records and properties
                   are relevant to determining whether such persons have acted or
                   are acting in compliance with applicable laws and agreements.
                     (6) FOIA.—The information  gathered by  the Task Force
                   pursuant to subsection (b) shall not be subject to section 552 of
                   title 5, United States Code (commonly referred to as the "Free-
                   dom of Information Act"), until its final report is issued pursu-
                   ant to subsection (bX6).


                                Subtitle B—Penalties

               SEC. 8201. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO IMPOSE
                         PENALTIES ON OUTER CONTINENTAL SHELF FACILITIES.
                 Section 24(b) of the Outer Continental  Shelf Lands Act (43 U.S.C.
               1350(b)) is amended—
                     (1) by striking out "If any"  and inserting in lieu thereof "(1)
                   Except as provided in paragraph (2), if any";
                     (2) by striking out "$10,000" and inserting in lieu  thereof
                   "$20,000";
                     (3) by adding at the end of paragraph (1) the following new
Regulations,          sentence: "The Secretary shall, by regulation at least every 3
                   years, adjust the penalty specified in this paragraph to reflect
                   any increases in  the Consumer Price Index (all items, United
                   States city average) as prepared by the Department of Labor.";
                   and
                     (4) by adding at the end the following new paragraph:
                 "(2) If a  failure described in paragraph  (1) constitutes or con-
               stituted a  threat of  serious, irreparable,  or immediate  harm or
               damage to life (including fish and other aquatic life), property, any
               mineral deposit, or the marine, coastal,  or human environment, a
               civil penalty may be assessed without regard to the requirement of
               expiration of a period allowed for corrective action.".
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            PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 571

SEC 8202. TRANS-ALASKA PIPELINE SYSTEM CIVIL PENALTIES.
  The Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.) is amended by adding at  the end thereof the following new
section:

                        "CIVIL PENALTIES

  "SEC. 207. (a) PENALTY.—Except as provided  in subsection (cX4),  43 USC 1656.
the Secretary of the Interior may assess and collect a civil penalty
under this section with respect to any discharge of oil—
      "(1) in transit from  fields or reservoirs  supplying oil to the
    trans-Alaska pipeline; or
      "(2; during transportation through the trans-Alaska pipeline
    or handling at the terminal facilities, that causes damage to, or
    threatens to damage,  natural resources  or public  or private
    property.
  "(b) PERSONS LIABLE.—In addition to the person causing or permit-
ting the discharge, the owner or owners of the oil at the time the
discharge occurs shall be jointly, severally, and strictly liable for the
full amount of penalties assessed pursuant to  this section, except
that the United States and the several States, and political subdivi-
sions thereof, shall not be liable under this section.
  "(c) AMOUNT.—(1) The amount of the civil penalty shall not exceed
$1,000 per barrel of oil discharged.
  "(2) In determining the amount of civil penalty under this section,
the Secretary shall  consider the  seriousness of the damages from the
discharge, the cause of the  discharge, any history of prior violations
of applicable rules and laws, and the degree of success of any efforts
by the violator to minimize or mitigate the effects of such discharge.
  "(3)  The  Secretary may  reduce or waive the penalty imposed
under this section  if the discharge was solely  caused by an act of
war, act  of God, or third  party action beyond  the control of the
persons liable under this section.
  "(4) No civil penalty assessed by the Secretary pursuant to this
section shall be in addition to a penalty assessed pursuant to section
311(b) of the Federal Water Pollution  Control Act (33 U.S.C. 1321(b)).
  "(d) PROCEDURES.—A civil penalty  may be assessed and collected
under this section only after notice and opportunity for a hearing on
the record in accordance with section 554 of title 5.  United States
Code. In any proceeding for the assessment of a civil penalty under
this section, the Secretary  may issue subpoenas for the  attendance
and testimony of witnesses and the production of relevant papers,
books, and  documents  and may  promulgate  rules  for discovery
procedures.  Any person who requested a hearing with respect to a
civil penalty under  this subsection and who is aggrieved by an order
assessing  the civil penalty  may  file a petition for judicial review of
such order with the United States Court of Appeals for the District
of Columbia circuit or for  any  other circuit in which such person
resides or transacts business. Such  a petition may only be  filed
within the 30-day period beginning on the date the  order making
such assessment was issued.
  "(e) STATE LAW.—(1) Nothing in  this section shall be construed or
interpreted  as preempting any State or political subdivision thereof
from imposing any  additional liability or requirements with respect
to the discharge, or threat of discharge, of oil or other pollution by
oil.
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104 STAT. 572
           PUBLIC LAW 101-380—AUG. 18, 1990

  "(2) Nothing in this section shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including  common law, with respect to discharges of oil.".

  Subtitle C—Provisions  Applicable to Alaska
                          Natives
Claims.
43 USC 1642.
Canada.
SEC. 8301. LAND CONVEYANCES.
  The  Alaska National Interest Lands Conservation Act (Public
Law 96-487) is amended by adding the following after section 1437:
  "Sec. 1438. Solely for the  purpose of bringing claims that arise
from the discharge of oil, the Congress confirms that all right, title,
and interest of the United States in and to the lands validly selected
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) by Alaska Native corporations are deemed to have
vested  in the  respective corporations as  of March 23, 1989. This
section shall take effect with respect to each Alaska Native corpora-
tion only upon its irrevocable election to accept an interim convey-
ance of such land and notice of such election has been  formally
transmitted to the Secretary of the Interior.".

SEC. 8302. IMPACT OF POTENTIAL SPILLS IN THE ARCTIC OCEAN ON
            ALASKA NATIVES.
  Section 1005 of the Alaska  National Interest Lands Conservation
Act (16 U.S.C. 3145) is amended—
     (1) by amending the heading to read as follows:

 "WILDLIFE RESOURCES PORTION OF STUDY AND IMPACT OF POTENTIAL
                OIL SPILLS IN THE ARCTIC OCEAN";

     (2) by inserting "(a)" after "SEC. 1005."; and
     (3) by adding at the end the following:
  "(bXD The Congress finds that—
     "(A) Canada has discovered commercial quantities of oil and
    gas in the Amalagak region of the Northwest Territory;
     "(B) Canada is exploring alternatives for transporting the oil
    from the Amalagak field to markets in Asia and the Far East;
     "(C) one of the options the Canadian Government is exploring
    involves transshipment of oil from the Amalagak field across
    the Beaufort Sea to tankers which  would transport  the oil
    overseas;
     "(D) the tankers would traverse the American Exclusive Eco-
    nomic Zone through the Beaufort Sea into the Chuckchi Sea
    and then through the Bering Straits;
     "(E) the Beaufort and Chuckchi  Seas are  vital to Alaska's
    Native  people,  providing  them with subsistence in the form of
    walrus, seals, fish, and whales;
     "(F) the Secretary of the Interior has conducted Outer Con-
    tinental Shelf lease sales in the Beaufort and Chuckchi Seas
    and oil and gas exploration is ongoing;
     "(G) an oil spill in the Arctic Ocean, if not properly contained
    and cleaned up, could have significant impacts on the indige-
    nous people of Alaska's North Slope and on the Arctic environ-
    ment; and
                                          95

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            PUBLIC LAW 101-380—AUG. 18, 1990
104 STAT. 573
      "(H) there are no international contingency plans involving
    our two governments concerning containment and cleanup of
    an oil spill in the Arctic Ocean.
  "(2XA) The Secretary of the Interior, in consultation with  the
Governor of Alaska, shall conduct a study of the issues of recovery of
damages, contingency plans, and coordinated actions in the event of
an oil spill in the Arctic Ocean.
  "(B) The Secretary shall, no later than January 31,  1991, transmit  Report*.
a report to the Congress on the findings and conclusions reached as
the result of the study carried out under this subsection.
  "(c) The Congress calls upon the Secretary of State, in consulta-  Canada.
tion with the Secretary of the Interior, the Secretary of Transpor-  International
tation, and the Governor of Alaska, to begin negotiations with  the  agreements.
Foreign Minister  of  Canada regarding a treaty dealing with  the
complex  issues of recovery of damages,  contingency  plans, and
coordinated actions in the event of an oil spill in the Arctic Ocean.
  "(d) The Secretary of State shall  report to the Congress on  the  Reports.
Secretary's efforts pursuant to this section no later than June 1,
1991.".


  TITLE IX—AMENDMENTS  TO OIL  SPILL

         LIABILITY TRUST FUND, ETC.

SEC. 9001. AMENDMENTS TO OIL SPILL LIABILITY TRUST FUND.
  (a) TRANSFERS TO TRUST FUND.—Subsection (b) of section 9509 of
the Internal Revenue Code of 1986 is amended by striking all that  26 USC 9509.
follows paragraph (1) and inserting the following:
      "(2) amounts recovered under the Oil Pollution  Act of 1990 for
    damages to natural resources which are required to be deposited
    in the Fund under section 1006(0 of such Act,
      "(3) amounts recovered by such Trust Fund  under section
    1015 of such Act,
      "(4) amounts required to be transferred by such Act from  the
    revolving fund established under section 311QO of the Federal
    Water Pollution Control Act,
      "(5) amounts required to be transferred by the Oil Pollution
    Act of 1990 from the Deepwater Port Liability Fund established
    under section 18(f) of the Deepwater Port Act of 1974,
      "(6) amounts required to be transferred by the Oil Pollution
    Act of 1990 from the Offshore Oil Pollution Compensation Fund
    established under section  302 of the Outer Continental Shelf
    Lands Act Amendments of 1978,
      "(7) amounts required to be transferred by the Oil Pollution
    Act  of  1990  from the Trans-Alaska  Pipeline Liability  Fund
    established under  section  204  of  the Trans-Alaska Pipeline
    Authorization Act, and
      "(8) any penalty paid pursuant to section 311  of the Federal
    Water  Pollution Control  Act, section  309(c) of such Act (as a
    result of violations of such section 311), the Deepwater Port  Act
    of 1974, or section 207 of the Trans-Alaska Pipeline Authoriza-
    tion Act."
  (b)  EXPENDITURES FROM TRUST FUND.—Paragraph (1) of section
9509(c) of such Code is amended to read as follows:
      "(1) EXPENDITURE PURPOSES.—Amounts in the Oil Spill Liabil-
    ity Trust Fund shall be available, as provided in appropriation
                                        96

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 104 STAT. 574           PUBLIC LAW 101-380—AUG. 18, 1990

                   Acts or section 6002(b) of the Oil Pollution Act of 1990, only for
                   purposes of making expenditures—
                        "(A) for the  payment  of removal  costs and other costs,
                       expenses, claims, and damages referred to in section 1012 of
                       such Act,
                        "(B) to carry out sections 5 and 7 of the Intervention on
                       the High Seas Act relating to oil pollution or the substan-
                       tial threat of oil pollution,
                        "(C) for the payment of liabilities incurred by the revolv-
                       ing fund established by section 311(k) of the Federal Water
                       Pollution Control Act,
                        "(D) to carry out subsections (b),  (c),  (d), (j),  and (1) of
                       section 311 of the Federal Water Pollution Control Act with
                       respect to prevention, removal, and enforcement related to
                       oil discharges (as defined in such section),
                        "(E) for the payment of liabilities incurred by the Deep-
                       water Port Liability Fund, and
                        "(F) for the payment of liabilities  incurred by the Off-
                       bhore Oil Pollution Compensation Fund."
                 (c)  INCREASE  IN EXPENDITURES  PERMITTED  PER  INCIDENT.—
 26 USC 9509.     Subparagraph  (A) of section 9509(cX2) of such Code is amended—
                     (1) by striking "$500,000,000" each place it appears and insert-
                   ing "$1,000,000,000", and
                     (2) by striking "$250,000,000" and  inserting "$500,000,000".
                 (d) INCREASE IN BORROWING AUTHORITY.—
                     (1) INCREASE IN BORROWING PERMITTED.—Paragraph (2) of sec-
                   tion 9509(d) of such  Code is amended by striking "$500,000,000"
                   and inserting "$1,000,000,000".
                     (2) CHANGE IN FINAL REPAYMENT DATE.—Subparagraph (B) of
                   section 9509(dX3) of such Code is amended by striking "Decem-
                   ber 31, 1991" and inserting "December 31, 1994".
                 (e) OTHER CHANGES.—
                     (1) Paragraph (2) of section 9509(e) of such Code is amended by
                   striking "Comprehensive Oil Pollution Liability and Compensa-
                   tion Act" and inserting "Oil Pollution Act of 1990".
                     (2) Subparagraph  (B) of section  9509(cX2) of such Code is
                   amended  by striking  "described in  paragraph (IKAXi)" and
                   inserting "of removal costs".
                     (3) Subsection (f) of section 9509 of such Code  is amended to
                   read as follows:
                 "(f) REFERENCES TO OIL POLLUTION ACT OF 1990.—Any reference in
               this section to the  Oil  Pollution Act of 1990  or  any other Act
               referred to in a subparagraph of subsection (cXD shall be treated as
               a  reference to such Act  as in effect on the date of the enactment of
               this subsection."

               SEC. 9002. CHANGES RELATING TO OTHER FUNDS.
                 (a) REPEAL OF  PROVISION RELATING TO  TRANSFERS TO OIL SPILL
               LIABILITY FUND.—Subsection (d)  of  section 4612 of the  Internal
26 USC 4612.     Revenue Code of 1986 is amended by striking  the  last sentence.
                 (b) CREDIT AGAINST OIL SPILL RATE ALLOWED ON AFFILIATED GROUP
               BASIS.—Subsection (d) of section 4612 of such Code is amended by
               adding at the end thereof the following new sentence: "For purposes
               of this subsection, all taxpayers  which would be members of  the
               same  affiliated group  (as  defined in section 1504(a)J if section
                                           97

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             PUBLIC LAW 101-380—AUG. 18, 1990            104 STAT. 575

1504(aX2) were applied by substituting '100 percent' for '80 percent'
shall be treated as 1 taxpayer."

   Approved August 18, 1990.
LEGISLATIVE HISTORY—H.R. 1465 (H.R. 3027) (S. 686):

HOUSE REPORTS: No. 101-241, Pt. 1 (Comm. on Public Works and Transportation)
                 and Pt. 2  (Comm.  on Science,  Space, and Technology),  both
                 accompanying H.R. 3027; No. 101-242, Pt. 1 (Comm. on Public
                 Works and Transportation), Pt. 2 (Comm. on Merchant Marine
                 and Fisheries), Pt. 3 (Comm. on Science, Space,  and Technology),
                 Pt. 4 (Comm. on Public Works and Transportation), and Pt. 5
                 (Comm. on Merchant Marine and Fisheries);  and No. 101-653
                 (Comm. of Conference).
SENATE REPORTS: No. 101-94 accompanying S. 686 (Comm. on Environment and
                  Public Works).
CONGRESSIONAL RECORD:
     Vol.  135 (1989):  Aug. 3, 4, S. 686 considered and passed Senate.
                   Nov. 2, 8, 9, H.R. 1465 considered and passed  House.
                   Nov. 19,  considered and passed  Senate, amended, in  lieu of
                     S. 686
     Vol.  136 (1990):  Aug. 2, Senate agreed to conference report.
                   Aug. 3, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990):
     Aug. 18, Presidential statement.

                                  o
                                             98

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              SECTION 2

               PART II

      RULES AND REGULATIONS
         (FEDERAL REGISTER)
THE NATIONAL OIL AND HAZARDOUS SUBSTANCES
      POLLUTION CONTINGENCY PLAN
                 99

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              Part 300
            40 CFR Ch. 1 (7-1-91 Edition)
                 SUBCHAPTER  J—SUPERFUND, EMERGENCY PLANNING, AND
                            COMMUNITY RIGHT-TO-KNOW  PROGRAMS
               PART   300—NATIONAL  OIL   AND
                 HAZARDOUS SUBSTANCES POLLU-
                 TION CONTINGENCY PLAN

                         Subparl A—Introduction

               Sec.
               300.1  Purpose and objectives.
               300.2  Authority and applicability.
               300.3  Scope.
               300.4  Abbreviations.
               300.5  Definitions.
               300.6  Use of number and gender.
               300.7  Computation of time.

                 Subport B—Responsibility and Organisation
                             for Response

               300.100  Duties  of  President delegated to
                  federal agencies.
               300.105  Oeneral organization concepts.
               300.110  National Response Team.
               300.115  Regional Response Teams.
               300.120  On-scene coordinators and remedi-
                  al project managers: general responsibil-
                  ities.
               300.125  Notification and communications.
               300.130  Determinations to Initiate response
                  and special conditions.
               300.135  Response operations.
               300.140  Multi-regional responses.
               300.145  Special  teams and other assistance
                  available to OSCs/RPMs.
               300.150  Worker health and safety.
               300.155  Public Information and community
                  relations.
               300.180  Documentation and cost recovery.
               300.165  OSC reports.
               300.no  Federal agency participation.
               300.175  Federal  agencies:  additional  re-
                  sponsibilities and assistance.
               300.180  State and local participation In re-
                  sponse.
               300.185  Nongovernmental participation.

                   Subpart C—Planning and Preparedness

               300.200  General.
               300.205  Planning and  coordination struc-
                   ture.
               300.210  Federal contingency plans.
               300.215  Title III local emergency response
                   plans.
               300.220  Related Title III Issues.

                 Subpari D—-Operational Response Phases for
                               Oil  Removal

               300.300  Phase I—Discovery or  notification.
    Sec.
    300.305  Phase  II—Preliminary assessment
       and Initiation of action.
    300.310  Phase  III—Containment, counter-
       measures, cleanup, and disposal.
    300.315  Phase IV—Documentation and cost
       recovery.
    300.320  Oeneral pattern of response.
    300.330  Wildlife conservation.
    300.335  Funding.

      Subpvrt E—Hazardous Substance Response

    300.400  Oeneral.
    300.405  Discovery or notification.
    300.410  Removal site evaluation.
    300 415  Removal action.
    300.420  Remedial site evaluation.
    300.425  Establishing remedial priorities.
    300.430  Remedial  Investigation/feasibility
       study and selection of remedy.
    300.435  Remedial design/remedial  action,
       operation and maintenance.
    300.440  Procedures for planning and Imple-
       menting off-site  response  actions. [Re-
       served]

      Subpart f—Slate Involvement In Hazardous
                Substance Response

    300.500  Oeneral.
    300.505  EPA/State  Superfund Memoran-
       dum of Agreement (SMOA).
    300.510  State assurances.
    300.515  Requirements  for state  involve-
       ment  In remedial and  enforcement re-
       sponse.
    300.520  State Involvement in EPA-lead  en-
       forcement negotiations.
    300.525  State  Involvement In  removal  ac-
       tions.

      Subpart G—Trustees  for Natural Resources

    300.600  Designation of federal trustees.
    300.605  State trustees.
    300.610  Indian tribes.
    300.615  Responsibilities of trustees.

      Subpart H—Participation by Other Persons

    300.700  Activities by other persons.

     Subpari I—Administrative Record for Selection
                of Response Action

    300.800  Establishment of an administrative
        record.
    300.805   Location   of  the  administrative
        record file.
    300.810   Contents  of  the  administrative
        record file.
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                          Environmental Protection Agency

                          Sec.
                          300.815 Administrative record file for a re-
                              medial action.
                          300.820 Administrative record file for a re-
                              moval action.
                          300.825 Record requirements after the  de-
                              cision document is slfmed.

                             Swbport J—U«« of DUp»r»on»i and Other
                                          Chcmlcalt

                          300.900 General.
                          300.905 NCP Product Schedule.
                          300.910 Authorization of use.
                          300.915 Data requirements.
                          300.920 Addition of products to schedule.

                             Subparl K—Federal Factlifivt (R»t«rv«dJ

                          APPENDIX  A  TO PART  300—UNCONTROLLED
                              HAZARDOUS   WASTE   Srrr   RANKIWC
                              SYSTEM; A USERS MANOAL
                          APPENDIX B  TO PART 300—NATIONAL PRIOR-
                              ITIES LIST (BY RANK) FEBRUARY 1991
                          APPENDIX C TO PART 300—REVISED STANDARD
                              DISPERSANT EFTECTIVENESS AND TOXICTTY
                              TESTS
                          APPENDIX D TO PART 300—APPROPRIATE AC-
                              TIONS AND  METHODS or  REMEDYING RE-
                              LEASES

                            AUTHORITY: 42 U.S.C. 9605: 42 U.S.C. 9620;
                          33  U.S.C. 1321(c)(2): E.G.  11735.  3   CFR,
                          1971-1975 Comp.. p. 793: E.O.  12580. 3  CFR.
                          1987 Comp.. p. 193.
6/92

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                 Environmental Protection Agency
                                          §300.3
                 Sec.
                 300.815 Administrative record file for a re-
                    medial action.
                 300.820 Administrative record file for a re-
                    moval action.
                 300.825 Record requirements after the de-
                    cision document is signed.

                   Subpart J—U»e of Ditper»ant» and Other
                               Chemicals

                 300.900 General.
                 300.905 NCP Product Schedule.
                 300.910 Authorization of use.
                 300.915 Data requirements.
                 300.920 Addition of products to schedule.

                   Subpart K—Federal Focilitiei [Reserved]

                 APPENDIX  A  TO PART  300—UNCONTROLLED
                    HAZARDOUS  WASTE   SITE   RANKING
                    SYSTEM; A USERS MANUAL
                 APPENDIX B TO  PART 300—NATIONAL PRIOR-
                    ITIES LIST (BY RANK) FEBRUARY 1991
                 APPENDIX C TO PART 300—REVISED STANDARD
                    DISPERSANT EFFECTIVENESS AND TOXICITY
                    TESTS
                 APPENDIX D TO  PART 300—APPROPRIATE AC-
                    TIONS AND METHODS or  REMEDYING RE-
                    LEASES

                   AUTHORITY:  42 U.S.C. 9605; 42 U.S.C. 9620;
                 33 U.S.C. 1321(cX2); E.O.  11735. 3  CFR,
                 1971-1975 Comp.. p. 793; E.O. 12580. 3 CPR.
                 1987 Comp.. p. 193.
                        Subpart A—Introduction

                   SOURCE: 55 FR 8813. Mar. 8. 1990, unless
                 otherwise noted.

                 § 300.1  Purpose and objectives.
                   The purpose of the National Oil and
                 Hazardous Substances Pollution Con-
                 tingency Plan (NCP) is to provide the
                 organizational  structure  and   proce-
                 dures for preparing for and respond-
                 ing to discharges of oil and releases of
                 hazardous substances,  pollutants, and
                 contaminants.

                 § 300.2  Authority and applicability.
                   The NCP is required  by section 105
                 of the Comprehensive Environmental
                 Response. Compensation, and Liability
                 Act of 1980, 42 U.S.C. 9605, as amend-
                 ed by the Superf und Amendments and
                 Reauthorization Act of 1986 (SARA),
                 Pub.L. 99-499, (hereinafter CERCLA).
                 and by section 311(c)(2) of the Clean
                 Water Act  (CWA), as  amended, 33
                 U.S.C. 1321(c)(2). In Executive  Order
                 (E.O.) 12580 (52 FR 2923, January 29.
            1987), the President delegated to the
            Environmental   Protection  Agency
            (EPA)   the  responsibility  for  the
            amendment of the NCP. Amendments
            to the NCP are coordinated with mem-
            bers of the National Response Team
            (NRT) prior to publication for notice
            and comment. This includes coordina-
            tion with the Federal Emergency Man-
            agement Agency and the Nuclear Reg-
            ulatory Commission in order to avoid
            inconsistent  or  duplicative  require-
            ments  in the emergency  planning re-
            sponsibilities of  those agencies.  The
            NCP is applicable to response actions
            taken  pursuant   to  the   authorities
            under CERCLA and section 311 of the
            CWA.

            § 300.3  Scope.
              (a) The NCP applies to and  is  in
            effect for:
              (1) Discharges of oil into or upon the
            navigable waters  of the United States
            and adjoining shorelines, the waters of
            the contiguous zone, and the high seas
            beyond the contiguous zone in connec-
            tion with activities  under the  Outer
            Continental Shelf Lands  Act or the
            Deepwater Port Act of 1974, or which
            may affect  natural  resources belong-
            ing  to,  appertaining to, or under the
            exclusive  management  authority  of
            the United States (including resources
            under the Magnuson Fishery Conser-
            vation and Management Act). (See sec-
            tions  311(b)(l)  and  502(7)  of  the
            CWA.)
              (2) Releases into the environment of
            hazardous substances, and pollutants
            or contaminants   which may present
            an imminent and substantial danger to
            public health or welfare.
              (b) The NCP provides for efficient,
            coordinated, and  effective response  to
            discharges of oil  and releases of  haz-
            ardous  substances,  pollutants,   and
            contaminants in accordance with the
            authorities of CERCLA and the CWA.
            It provides for:
              (1) The national response organiza-
            tion that may be activated in response
            actions.  It   specifies  responsibilities
            among  the  federal, state, and  local
            governments and  describes resources
            that are available for response.
              (2) The  establishment  of  require-
            ments  for  federal regional and on-
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              § 300.4
                 40 CFR Ch. I (7-1-91 Edition)
              scene coordinator (OSC)  contingency
              plans. It also  summarizes state and
              local   emergency  planning  require-
              ments under SARA Title III.
                (3)  Procedures for undertaking re-
              moval actions pursuant to section 311
              of the CWA.
                (4)  Procedures for undertaking re-
              sponse actions pursuant to CERCLA.
                (5)  Procedures  for  involving state
              governments in the initiation, develop-
              ment,  selection,  and implementation
              of response actions.
                (6)  Designation  of federal trustees
              for natural  resources for  purposes  of
              CERCLA and the CWA.
                (7) Procedures for the participation
              of other persons in response actions.
                (8)  Procedures  for  compiling and
              making  available an  administrative
              record for response actions.
                (9) National procedures for the use
              of dispersants and other chemicals  in
              removals under the CWA and response
              actions under CERCLA.
                (c) In  implementing the NCP, con-
              sideration shall be  given to interna-.
              tional   assistance  plans  and  agree-
              ments,  security  regulations  and re-
              sponsibilities based  on international
              agreements, federal statutes, and exec-
              utive  orders. Actions taken pursuant
              to the NCP shall conform  to the provi-
              sions of international joint contingen-
              cy plans, where  they are applicable.
              The Department of State shall be con-
              sulted, as appropriate, prior to  taking
              any action which may affect its activi-
              ties.

              § 300.4  Abbreviations.
                (a) Department and Agency Title Ab-
              breviations:
              ATSDR—Agency for Toxic Substances
                 and Disease Registry
              DOC—Department of Commerce
              DOD—Department of Defense
              DOE—Department of Energy
              DOI—Department of the Interior
              DOJ—Department of Justice
              DOL—Department of Labor
              DOS—Department of State
              DOT—Department of Transportation
              EPA—Environmental     Protection
                 Agency
              PEMA—Federal Emergency Manage-
                 ment Agency
              HHS—Department  of  Health  and
                 Human Services
         NIOSH—National Institute for  Occu-
            pational Safety and Health
         NOAA—National Oceanic and Atmos-
            pheric Administration
         RSPA—Research  and  Special  Pro-
            grams Administration
         USCG—United States Coast Guard
         USDA—United States Department of
            Agriculture

          NOTE: Reference is made  in the NCP to
         both  the Nuclear Regulatory Commission
         and the National Response Center. In order
         to avoid confusion, the NCP will spell out
         Nuclear Regulatory Commission and use
         the abbreviation "NRC"  only with respect
         to the National Response Center.

          (b) Operational Abbreviations:
         ARARs—Applicable  or Relevant  and
            Appropriate Requirements
         CERCLIS—CERCLA     Information
            System
         CRC—Community  Relations Coordi-
            nator
         CRP—Community Relations Plan
         ERT—Environmental Response Team
         FCO—Federal Coordinating Officer
         FS—Feasibility Study
         HRS—Hazard Ranking System
         LEPC—Local  Emergency   Planning
            Committee
         NCP—National Contingency Plan
         NPL—National Priorities List
         NRC—National Response Center
         NRT—National Response Team
         NSF—National Strike Force
         O&M—Operation and Maintenance
         OSC—On-Scene Coordinator
         PA—Preliminary Assessment
         PIAT—Public   Information   Assist
            Team
         RA—Remedial Action
         RAT—Radiological Assistance Team
         RCP—Regional Contingency Plan
         RD—Remedial Design
         RI—Remedial Investigation
         ROD—Record of Decision
         RPM—Remedial Project Manager
         RRC—Regional Response Center
         RRT—Regional Response Team
         SAC—Support Agency Coordinator
         SERC—State  Emergency  Response
            Commission
         SI—Site Inspection
         SMOA—Superfund  Memorandum  of
            Agreement
         SSC—Scientific Support Coordinator
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                Environmental Protection Agency
                                       §300.5
                § 300.5 Definitions.
                 Terms not  defined  in  this  section
                have the meaning  given by CERCLA
                or the CWA.
                 Activation  means  notification  by
                telephone   or   other    expeditious
                manner or,  when required, the assem-
                bly  of some or all appropriate mem-
                bers of the RRT or NRT.
                 Alternative water supplies as defined
                by  section  101(34) of CERCLA,  in-
                cludes, but  is not limited to, drinking
                water and household water supplies.
                 Applicable   requirements    means
                those cleanup standards, standards of
                control, and other substantive require-
                ments, criteria, or limitations promul-
                gated under federal environmental or
                state environmental or facility siting
                laws that specifically address a hazard-
                ous  substance, pollutant, contaminant,
                remedial action, location, or other cir-
                cumstance found at a CERCLA site.
                Only those  state  standards  that are
                identified by  a state  in a  timely
                manner  and that are  more stringent
                than federal requirements may be ap-
                plicable.
                 Biological additives means microbio-
                logical cultures, enzymes,  or nutrient
                additives  that  are  deliberately intro-
                duced into an oil discharge for the spe-
                cific purpose of encouraging biodegra-
                dation to mitigate  the effects of the
                discharge.
                 Burning agents means those  addi-
                tives that, through physical or chemi-
                cal means, improve the combustibility
                of the materials to  which they are ap-
                plied.
                 CERCLA is the Comprehensive Envi-
                ronmental  Response,  Compensation,
                and Liability Act of 1980, as  amended
                by  the Superfund Amendments and
                Reauthorization Act of 1986.
                 CERCLIS  is the abbreviation of the
                CERCLA Information System, EPA's
                comprehensive data base and manage-
                ment  system  that inventories and
                tracks releases addressed or needing to
                be  addressed  by the Superfund pro-
                gram. CERCLIS  contains  the  official
                inventory of CERCLA sites  and sup-
                ports EPA's site planning and tracking
                functions. Sites that EPA decides  do
                not warrant moving further in the site
                evaluation process are given  a "No
                Further  Response  Action Planned"
                (NFRAP) designation in  CERCLIS.
          This means that no additional federal
          steps under CERCLA will be taken at
          the site unless future information so
          warrants. Sites are not removed from
          the data base after completion of eval-
          uations in  order  to document  that
          these evaluations  took place and to
          preclude the possibility that  they be
          needlessly repeated. Inclusion of a spe-
          cific site or area in the CERCLIS data
          base does not represent a determina-
          tion of any party's liability, nor does it
          represent a finding that any response
          action is necessary. Sites  that are de-
          leted from the NPL are not designated
          NFRAP sites. Deleted sites are listed
          in a  separate category in  the  CER-
          CLIS data base.
            Chemical agents means those  ele-
          ments, compounds, or  mixtures  that
          coagulate, disperse, dissolve, emulsify,
          foam,  neutralize,  precipitate, reduce,
          solubilize,  oxidize, concentrate,  con-
          geal,  entrap, fix, make the pollutant
          mass more rigid or viscous, or other-
          wise facilitate the mitigation of delete-
          rious effects or the removal of the pol-
          lutant from the water.
            Claim as defined by section 101(4) of
          CERCLA, means a demand in writing
          for a sum certain.
            Coastal waters for  the purposes of
          classifying  the  size  of  discharges,
          means the waters  of  the  coastal zone
          except for the Great Lakes and speci-
          fied  ports  and  harbors  on  inland
          rivers.
            Coastal zone as defined for the pur-
          pose  of the NCP, means all United
          States waters  subject to  the  tide.
          United  States  waters  of  the Great
          Lakes, specified  ports and harbors on
          inland rivers, waters of the contiguous
          zone, other waters of  the  high seas
          subject to the NCP, and the land sur-
          face or land substrata, ground waters,
          and  ambient air  proximal to  those
          waters. The  term  coastal zone delin-
          eates an area of federal responsibility
          for response action. Precise boundaries
          are determined by  EPA/USCG agree-
          ments and identified in federal region-
          al contingency plans.
            Community relations means EPA's
          program  to  inform  and encourage
          public participation in the Superfund
          process and to respond to community
          concerns.  The  term  public includes
          citizens directly  affected by the  site.
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                § 300.5
                   40 CFR Ch. I (7-1-91 Edition)
                other interested citizens or parties, or-
                ganized  groups, elected officials,  and
                potentially responsible parties.
                 Community  relations   coordinator
                means  lead  agency  staff who work
                with the  OSC/RPM to involve  and
                inform the public about the Super-
                fund process  and response actions in
                accordance with the interactive com-
                munity  relations  requirements   set
                forth in the NCP.
                 Contiguous  zone means the zone of
                the  high  seas,  established  by  the
                United States under  Article 24 of the
                Convention on the Territorial Sea  and
                Contiguous Zone,  which is contiguous
                to  the territorial sea and which  ex-
                tends nine miles  seaward from  the
                outer limit of the territorial sea.
                 Cooperative agreement  is a  legal in-
                strument EPA uses to transfer money,
                property,  services,   or  anything  of
                value to a recipient  to accomplish a
                public purpose  in which substantial
                EPA involvement is anticipated during
                the performance of the  project.
                 Discharge  as  defined  by  section
                311(a)(2) of the CWA, includes, but is'
                not limited to,  any  spilling,  leaking,
                pumping, pouring, emitting, emptying,
                or  dumping of  oil, but excludes  dis-
                charges in compliance  with a permit
                under section  402 of the CWA,  dis-
                charges resulting  from circumstances
                identified  and reviewed  and  made a
                part  of the public record with respect
                to  a  permit issued or modified  under
                section 402 of  the CWA, and subject to
                a condition in such permit, or  continu-
                ous or anticipated intermittent  dis-
                charges from a point source, identified
                in  a  permit  or  permit  application
                under section 402  of the CWA, that
                are caused by events occurring within
                the scope  of  relevant  operating  or
                treatment  systems. For  purposes  of
                the NCP, discharge also means threat
                of discharge.
                 Dispersants  means those chemical
                agents that emulsify, disperse, or solu-
                bilize oil into the water  column or pro-
                mote the surface spreading of oil slicks
                to  facilitate dispersal of the  oil into
                the water column.
                 Drinking water supply as defined by
                section 101(7)  of CERCLA, means any
                raw or finished water source that is or
                may be used by a public water system
                (as  defined  in  the Safe Drinking
          Water  Act) or as drinking water  by
          one or more individuals.
            Environment as defined by section
          101(8) of CERCLA, means the naviga-
          ble  waters, the waters of  the contigu-
          ous zone,  and the  ocean waters  of
          which the natural resources axe under
          the exclusive management authority
          of the  United States under the Mag-
          nuson Fishery Conservation and Man-
          agement Act; and any other surface
          water,  ground  water,  drinking water
          supply,  land  surface or  subsurface
          strata,   or   ambient  air  within   the
          United States or under the jurisdiction
          of the United States.
            Facility as defined by section 101(9)
          of  CERCLA,  means any  building,
          structure,   installation,    equipment,
          pipe or pipeline  (including any  pipe
          into a sewer or publicly owned treat-
          ment works), well, pit, pond, lagoon,
          impoundment,  ditch, landfill, storage
          container, motor vehicle, rolling stock,
          or aircraft,  or any site or area, where a
          hazardous substance has been deposit-
          ed,  stored,  disposed of, or placed,  or
          otherwise come to be located; but does
          not include any consumer product in
          consumer use or any vessel.
            Feasibility study (FS) means a study
          undertaken by  the lead agency to de-
          velop and evaluate options for remedi-
          al action.  The FS  emphasizes  data
          analysis  and is generally performed
          concurrently and in  an  interactive
          fashion  with the  remedial investiga-
          tion (RI), using data gathered during
          the RI. The RI data are used to define
          the objectives of  the response action,
          to develop  remedial action  alterna-
          tives,  and   to  undertake  an  initial
          screening and detailed analysis of the
          alternatives. The term also refers to a
          report that describes the results of the
          study.
            First federal official means  the  first
          federal representative of a participat-
          ing  agency of the National Response
          Team to arrive at the scene  of a dis-
          charge  or a release. This official co-
          ordinates activities under the NCP and
          may initiate, in consultation with the
          OSC. any necessary  actions until the
          arrival  of the predesignated  OSC. A
          state with primary jurisdiction over a
          site covered  by a cooperative agree-
          ment will act in the stead of  the first
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              Environmental Protection Agency
                                      §300.5
              federal official for any incident at the
              site.
                Fund or Trust Fund means the Haz-
              ardous Substance  Superfund estab-
              lished by section 9507 of the Internal
              Revenue Code of 1986.
                Ground water as defined by section
              101(12) of CERCLA, means water in a
              saturated zone or stratum beneath the
              surface of land or water.
                Hazard  Ranking  System   (HRS)
              means the  method used by  EPA to
              evaluate the relative potential of haz-
              ardous substance  releases  to  cause
              health or safety problems, or ecologi-
              cal or environmental damage.
                Hazardous substance  as defined  by
              section 101(14) of CERCLA, means:
              Any substance designated pursuant to
              section 311(b)(2)(A) of the CWA; any
              element, compound, mixture, solution,
              or  substance  designated pursuant to
              section 102  of CERCLA;  any hazard-
              ous waste  having  the characteristics
              identified under or listed pursuant to
              section 3001 of the Solid Waste Dis:
              posal Act (but not including any waste
              the regulation  of which  under  the
              Solid Waste Disposal Act has been sus-
              pended by Act of Congress); any  toxic
              pollutant listed under section 307(a) of
              the CWA; any hazardous air pollutant
              listed  under section 112  of the Clean
              Air Act;  and any  imminently hazard-
              ous chemical  substance  or  mixture
              with respect to which the EPA Admin-
              istrator has taken  action pursuant to
              section 7 of  the Toxic Substances Con-
              trol Act. The term does not include pe-
              troleum, including crude oil or any
              fraction  thereof  which is not other-
              wise specifically listed or designated as
              a hazardous substance in the first sen-
              tence of  this paragraph,  and the term
              does not include natural gas, natural
              gas liquids,  liquefied natural gas, or
              synthetic gas  usable for fuel (or mix-
              tures of natural gas and such synthet-
              ic gas).
                Indian  tribe as defined by section
              101(36) of CERCLA, means any Indian
              tribe, band,  nation, or other organized
              group or community, including any
              Alaska Native village but not including
              any Alaska  Native regional or village
              corporation, which is recognized as eli-
              gible for the  special programs and
              services provided by the United States
         to Indians because of their status as
         Indians.
           Inland waters, for the purposes of
         classifying the  size  of  discharges,
         means those  waters  of the  United
         States in the inland zone, waters of
         the Great Lakes, and specified ports
         and harbors on inland rivers.
           Inland zone means the environment
         inland of the coastal zone excluding
         the Great Lakes and specified ports
         and  harbors  on inland rivers. The
         term inland zone delineates an area of
         federal   responsibility   for  response
         action. Precise boundaries  are deter-
         mined by EPA/USCG agreements and
         identified in  federal regional  contin-
         gency plans.
           Lead agency means the agency that
         provides the  OSC/RPM to plan  and
         implement response action under the
         NCP. EPA, the USCG, another federal
         agency, or a state (or political subdivi-
         sion  of a state) operating pursuant to
         a  contract or cooperative  agreement
         executed pursuant to section 104(d)(l)
         of CERCLA, or designated pursuant to
         a  Superfund  Memorandum of Agree-
         ment (SMOA) entered  into pursuant
         to subpart F of the NCP or other
         agreements may  be  the lead  agency
         for a response action. In the case of a
         release of a hazardous substance,  pol-
         lutant, or contaminant,  where the re-
         lease is on, or the sole source of the re-
         lease is  from, any  facility or vessel
         under the jurisdiction, custody, or con-
         trol of Department of Defense (DOD)
         or Department of Energy (DOE), then
         DOD or  DOE will be the lead  agency.
         Where the release is on, or the sole
         source of the release is from, any facil-
         ity or vessel  under  the jurisdiction,
         custody,  or control of a federal agency
         other than EPA. the USCG. DOD. or
         DOE, then that agency will  be  the
         lead agency for  remedial actions  and
         removal  actions  other than emergen-
         cies. The federal agency maintains its
         lead agency  responsibilities whether
         the remedy is selected  by the federal
         agency for non-NPL sites or by EPA
         and  the federal  agency or by EPA
         alone under CERCLA section 120. The
         lead agency will consult with the sup-
         port agency, if one exists, throughout
         the response process.
           Management of migration means ac-
         tions that are taken to  minimize  and
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                §300.5
                   40 CFR Ch. I (7-1-91 Edition)
                mitigate the  migration of hazardous
                substances  or pollutants or contami-
                nants and the effects of such migra-
                tion. Measures may include, but  are
                not  limited  to,  management  of a
                plume of contamination, restoration of
                a drinking  water aquifer,  or  surface
                water restoration.
                 Miscellaneous oil spill control  agent
                is any product, other than a dispers-
                ant, sinking agent,  surface collecting
                agent, biological additive, or burning
                agent, that  can be used to enhance oil
                spill  cleanup,  removal,  treatment,  or
                mitigation.
                 National   Priorities  List   (NPL)
                means the list, compiled by EPA pur-
                suant to CERCLA section 105, of  un-
                controlled  hazardous  substance  re-
                leases in the United States that  are
                priorities for  long-term remedial eval-
                uation and response.
                 Natural resources  means land, fish,
                wildlife,  biota,  air,  water,   ground
                water,  drinking  water  supplies, and
                other such  resources  belonging  to,'
                managed by,  held in trust by, apper-
                taining to, or otherwise controlled by
                the United States (including  the  re-
                sources of the exclusive economic zone
                defined  by  the  Magnuson  Fishery
                Conservation  and Management Act of
                1976), any state  or  local government,
                any foreign government,  any Indian
                tribe, or, if  such resources are subject
                to a trust restriction on alienation, any
                member of an Indian tribe.
                 Navigable waters,  as defined by 40
                CFR 110.1,  means the waters of the
                United States, including the territorial
                seas. The term includes:
                 (a) All waters  that are currently
                used, were used in the past, or may be
                susceptible to use in interstate or for-
                eign  commerce,  including  all waters
                that are subject to the ebb and flow of
                the tide;
                 (b)  Interstate  waters,  including
                interstate wetlands;
                 (c)  All other waters  such as intra-
                state lakes, rivers, streams (including
                intermittent streams), mudflats,  sand-
                flats, and wetlands,  the use, degrada-
                tion,  or destruction  of  which would
                affect or could affect interstate or for-
                eign  commerce  including  any  such
                waters:
            (1) That are  or could be used by
          interstate or foreign travelers for rec-
          reational or other purposes;
            (2) From which fish or shellfish are
          or could be  taken and  sold in inter-
          state or foreign commerce;
            (3) That are used or could be used
          for industrial purposes by industries in
          interstate commerce;
            (d) All impoundments of waters oth-
          erwise   defined  as navigable  waters
          under this section;
            (e) Tributaries of waters identified
          in paragraphs (a) through (d) of this
          definition,  including  adjacent   wet-
          lands; and
            (f) Wetlands adjacent to waters iden-
          tified in paragraphs (a) through (e) of
          this  definition:  Provided,  that waste
          treatment systems (other than cooling
          ponds  meeting  the  criteria  of  this
          paragraph)   are  not  waters   of  the
          United States.
            Offshore facility as  defined  by sec-
          tion  101(17)  of  CERCLA and  section
          311(a)(ll) of the CWA, means any fa-
          cility  of any kind located in, on, or
          under any of the navigable waters of
          the United States and any facility of
          any kind which  is subject to the juris-
          diction of the United States and is lo-
          cated in,  on,  or  under  any  other
          waters, other than a vessel or a public
          vessel.
            Oil as defined  by section  311(a)(l) of
          the CWA, means oil of any kind or in
          any form, including,  but not  limited
          to,  petroleum,  fuel  oil,  sludge,  oil
          refuse,  and  oil  mixed  with  wastes
          other than dredged spoil.
            Oil pollution fund  means the  fund
          established by section 311(k)  of the
          CWA.
            On-scene coordinator (OSC) means
          the federal  official predesignated by
          EPA or the USCG to coordinate and
          direct federal responses under subpart
          D, or the official  designated by the
          lead  agency  to coordinate and direct
          removal actions  under subpart E of
          the NCP.
            Onshore facility as defined by  sec-
          tion  101(18)  of  CERCLA,  means  any
          facility (including, but not limited to,
          motor vehicles and rolling stock) of
          any kind located in, on,  or under any
          land  or non-navigable waters  within
          the United States; and, as defined by
          section 311(a)(10) of the CWA, means
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              Environmental Protection Agency
                                      §300.5
              any facility (including, but not limited
              to, motor vehicles and rolling stock) of
              any kind located in, on, or under any
              land within  the United States other
              than submerged land.
                On-site means the area! extent of
              contamination and all suitable areas in
              very close proximity to the contamina-
              tion necessary for  implementation of
              the response action.
                Operable  unit  means  a  discrete
              action  that comprises an incremental
              step toward comprehensively  address-
              ing site  problems.  This discrete  por-
              tion of a remedial response manages
              migration, or eliminates or mitigates a
              release, threat of a release, or pathway
              of exposure. The cleanup of a site can
              be divided into  a number of operable
              units, depending on the complexity of
              the problems associated with  the  site.
              Operable  units may  address   geo-
              graphical portions  of a site, specific
              site problems, or initial phases of an
              action, or may consist of any set of ac-
              tions performed  over time or any ac-
              tions that  are concurrent but located
              in different parts of a site.
                Operation and maintenance (O&M)
              means  measures required to maintain
              the effectiveness of response actions.
                Person as defined by section 101(21)
              of  CERCLA.  means an individual,
              firm, corporation, association, partner-
              ship, consortium, joint venture,  com-
              mercial entity. United States govern-
              ment, state, municipality, commission,
              political  subdivision of a state, or any
              interstate body.
                Pollutant or contaminant as defined
              by section 101(33)  of CERCLA,  shall
              include, but not be  limited to, any ele-
              ment,  substance, compound,  or  mix-
              ture, including disease-causing agents,
              which  after release into the  environ-
              ment and upon exposure, ingestion, in-
              halation, or assimilation into any orga-
              nism, either directly from the environ-
              ment  or  indirectly  by  ingestion
              through  food chains, will or may rea-
              sonably be anticipated to cause death,
              disease,   behavioral   abnormalities,
              cancer, genetic mutation, physiological
              malfunctions  (including malfunctions
              in reproduction) or physical deforma-
              tions, in such organisms or their off-
              spring. The term does not include pe-
              troleum, including  crude  oil or  any
              fraction  thereof which is not other-
        wise specifically listed or designated as
        a hazardous substance under  section
        101(14) (A) through  (F) of CERCLA,
        nor  does it include natural gas. liqui-
        fied natural gas, or  synthetic gas of
        pipeline quality (or mixtures of natu-
        ral gas and such synthetic  gas).  For
        purposes of the NCP, the term pollut-
        ant or contaminant means any pollut-
        ant  or contaminant that may present
        an imminent and substantial  danger to
        public health or welfare.
          Post-removal  site   control  means
        those  activities that  are necessary to
        sustain the integrity  of  a Fund-fi-
        nanced removal action following its
        conclusion. Post-removal site  control
        may be a  removal or remedial action
        under CERCLA. The  term  includes,
        without being  limited  to,  activities
        such as relighting gas flares,  replacing
        filters, and collecting  leachate.
          Preliminary assessment (PA) means
        review of existing information  and an
        off-site reconnaissance, if appropriate.
        to determine if a release may  require
        additional  investigation or  action.  A
        PA may include an on-site reconnais-
        sance, if appropriate.
          Public participation, see the defini-
        tion for community relations.
          Public vessel  as defined by  section
        311(a)(4) of the CWA, means a vessel
        owned or bareboat-chartered  and oper-
        ated  by the United  States, or by a
        state or political subdivision thereof,
        or by a foreign nation, except when
        such vessel is engaged in commerce.
          Quality   assurance  project   plan
        (QAPP) is  a written document, associ-
        ated  with  all remedial  site  sampling
        activities,  which presents in specific
        terms the organization (where applica-
        ble),  objectives,  functional  activities,
        and  specific quality  assurance (QA)
        and  quality control (QC) activities de-
        signed to achieve the data quality ob-
        jectives of  a specific project(s)  or  con-
        tinuing operation(s). The QAPP is  pre-
        pared for each specific project  or  con-
        tinuing operation (or group of  similar
        projects or continuing  operations).
        The QAPP will be prepared by the re-
        sponsible   program   office,  regional
        office, laboratory, contractor,  recipi-
        ent  of an assistance  agreement, or
        other  organization.  For an enforce-
        ment  action, potentially  responsible
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                § 300.5
                   40 CFR Ch. I (7-1-91 Edition)
                parties  may  prepare a QAPP subject
                to lead agency approval.
                  Release as defined by section 101(22)
                of CERCLA, means any spilling, leak-
                ing, pumping, pouring, emitting, emp-
                tying, discharging,  injecting, escaping,
                leaching, dumping, or disposing  into
                the environment (including the aban-
                donment or discarding of barrels,  con-
                tainers, and other closed receptacles
                containing any hazardous substance or
                pollutant  or contaminant),  but  ex-
                cludes:  Any  release which results in
                exposure  to  persons solely  within a
                workplace,  with respect to  a claim
                which such persons may assert against
                the employer of such persons; emis-
                sions  from the engine  exhaust of a
                motor  vehicle, rolling stock,  aircraft,
                vessel,   or  pipeline pumping  station
                engine;  release  of  source, byproduct,
                or special nuclear material from a nu-
                clear incident,  as those  terms are de-
                fined  in the Atomic  Energy  Act of
                1954, if such release is  subject to re-
                quirements with respect to financial
                protection  established by the Nuclear
                Regulatory Commission under section
                170 of such Act, or, for the purposes of
                section  104 of  CERCLA or any other
                response action, any release of source,
                byproduct, or special nuclear material
                from  any  processing  site designated
                under  section  102(a)(l) or 302(a) of
                the Uranium Mill  Tailings Radiation
                Control Act  of  1978; and the  normal
                application of fertilizer. For purposes
                of the NCP,  release also means threat
                of release.
                  Relevant and  appropriate  require-
                ments means those cleanup standards,
                standards  of control,  and other  sub-
                stantive requirements, criteria, or limi-
                tations promulgated under federal en-
                vironmental or state environmental or
                facility siting laws that, while not  "ap-
                plicable" to  a  hazardous  substance,
                pollutant,    contaminant,   remedial
                action, location, or  other circumstance
                at a CERCLA site, address problems or
                situations sufficiently similar to those
                encountered  at the CERCLA site that
                their use is well suited to the particu-
                lar site. Only  those state standards
                that are identified in a timely manner
                and are  more  stringent than  federal
                requirements may be relevant and ap-
                propriate.
            Remedial design  (RD)  means the
          technical  analysis   and  procedures
          which follow  the selection of remedy
          for a site and result in a detailed set of
          plans and specifications for implemen-
          tation of the remedial action.
            Remedial investigation (RI)  is  a
          process undertaken by the lead agency
          to determine the nature and extent of
          the problem presented by the release.
          The RI emphasizes data collection and
          site  characterization, and  is  generally
          performed  concurrently   and  in  an
          interactive fashion with the feasibility
          study. The RI includes sampling and
          monitoring, as necessary, and includes
          the  gathering of sufficient informa-
          tion to determine the necessity for re-
          medial action and to support the eval-
          uation of remedial alternatives.
            Remedial project   manager  (RPM)
          means the  official designated  by the
          lead agency to coordinate, monitor, or
          direct  remedial or other response ac-
          tions under subpart E of the NCP.
            Remedy  or  remedial action  (RA)
          means those  actions consistent with
          permanent  remedy  taken instead of,
          or in addition to, removal action in the
          event  of a release  or  threatened re-
          lease  of a  hazardous  substance  into
          the  environment, to prevent or  mini-
          mize the  release of hazardous  sub-
          stances so that they do not migrate to
          cause substantial danger to present or
          future public  health or welfare or the
          environment. The term includes, but is
          not limited to, such actions at the lo-
          cation of the release as storage,  con-
          finement, perimeter protection using
          dikes,  trenches, or ditches, clay cover,
          neutralization,  cleanup  of  released
          hazardous  substances and associated
          contaminated materials,  recycling or
          reuse,  diversion, destruction, segrega-
          tion of reactive wastes, dredging or ex-
          cavations,  repair or  replacement of
          leaking containers, collection of leach-
          ate and runoff, on-site treatment or in-
          cineration,  provision  of  alternative
          water supplies, any monitoring reason-
          ably required to assure that such ac-
          tions protect  the public  health  and
          welfare  and  the  environment  and,
          where  appropriate,  post-removal site
          control activities. The term includes
          the costs of permanent relocation of
          residents and businesses and commu-
          nity facilities (including  the cost of
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              Environmental Protection Ag«ncy
                                      §300.5
              providing "alternative land of equiva-
              lent value" to  an Indian tribe pursu-
              ant to CERCLA section 126(b)) where
              EPA determines that, alone or in com-
              bination with other measures, such re-
              location is  more  cost-effective  than,
              and environmentally preferable to, the
              transportation, storage, treatment, de-
              struction, or secure disposition off-site
              of such hazardous substances, or may
              otherwise be necessary to protect the
              public health or welfare;  the term in-
              cludes off-site  transport  and off-site
              storage,  treatment,  destruction,  or
              secure disposition of  hazardous sub-
              stances and associated contaminated
              materials.  For  the purpose  of  the
              NCP, the term also includes enforce-
              ment activities related thereto.
                Remove or removal as  defined by
              section 311(a)<8) of the CWA, refers to
              removal of oil or hazardous substances
              from  the water and shorelines or the
              taking of such other actions as may be
              necessary  to minimize  or mitigate
              damage to the public health or welfare'
              or to the environment. As defined by
              section 101(23)  of CERCLA, remove or
              removal means the cleanup or removal
              of released hazardous substances from
              the environment; such actions as may
              be necessary taken in the event of the
              threat  of  release of  hazardous sub-
              stances into the environment; such ac-
              tions  as may be necessary to monitor,
              assess,  and  evaluate  the release  or
              threat of  release of  hazardous sub-
              stances; the disposal of removed mate-
              rial;  or the taking of such other ac-
              tions  as may be necessary to prevent,
              minimize, or mitigate damage  to  the
              public health or welfare or to the envi-
              ronment, which may otherwise  result
              from  a release  or threat of release.
              The term includes, in addition, with-
              out being limited  to. security fencing
              or other measures to limit access, pro-
              vision of alternative  water supplies,
              temporary evacuation and housing of
              threatened  individuals not otherwise
              provided for, action taken under sec-
              tion 104(b)  of CERCLA, post-removal
              site control, where appropriate, and
              any emergency assistance which may
              be provided under the Disaster Relief
              Act of 1974. For  the  purpose  of  the
              NCP, the term also includes enforce-
              ment activities related thereto.
          Respond or response as defined by
        section  101(25)  of CERCLA, means
        remove, removal, remedy, or remedial
        action, including enforcement  activi-
        ties related thereto.
          SARA is the Superf und Amendments
        and Reauthorization Act of  1986. In
        addition to certain free-standing provi-
        sions of law. it  includes amendments
        to CERCLA, the Solid Waste Disposal
        Act, and the Internal Revenue Code.
        Among the free-standing provisions of
        law is Title III of SARA, also known as
        the "Emergency Planning and Com-
        munity  Right-to-Know  Act of 1986"
        and Title IV of SARA, also known as
        the "Radon Gas and Indoor Air Qual-
        ity Research Act of 1986." Title V of
        SARA amending the Internal Revenue
        Code is also known as the "Superfund
        Revenue Act of 1986."
          Sinking agents  means  those  addi-
        tives applied to  oil discharges to  sink
        floating pollutants below the water
        surface.
          Site  inspection (SI) means an on-site
        investigation  to  determine  whether
        there  is a release or potential release
        and the  nature  of the associated
        threats. The purpose  is  to augment
        the data collected in the preliminary
        assessment and  to  generate,  if neces-
        sary, sampling and  other field data to
        determine if further action or investi-
        gation is appropriate.
          Size classes of discharges refers to
        the following  size  classes of  oil dis-
        charges which  are provided  as  guid-
        ance to the OSC and serve as the crite-
        ria for the actions delineated in  sub-
        part D. They are not meant to imply
        associated degrees  of hazard to public
        health or welfare, nor are they a meas-
        ure of environmental injury. Any oil
        discharge  that  poses  a substantial
        threat to public health or welfare or
        the environment or results in signifi-
        cant public concern shall be classified
        as a major discharge regardless of the
        following quantitative measures:
          (a) Minor discharge  means a  dis-
        charge to the  inland  waters of  less
        than 1.000 gallons of oil or a discharge
        to  the  coastal  waters  of less  than
        10.000 gallons of oil.
          (b) Medium discharge  means a dis-
        charge of 1,000 to 10,000 gallons of oil
        to the inland waters or a discharge of
                                                  13
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                §300.5
                  40 CFR Ch. I (7-1-91 Edition)
                10,000 to 100,000 gallons of oil to the
                coastal waters.
                 (c) Major discharge  means  a dis-
                charge of more than 10,000 gallons  of
                oil to the inland waters or more than
                100,000  gallons  of oil  to the coastal
                waters.
                 Size classes of releases refers to the
                following size classifications which are
                provided as guidance to the OSC for
                meeting  pollution reporting require-
                ments in subpart B. The final determi-
                nation  of the  appropriate  classifica-
                tion  of a release will be made by the
                OSC based on  consideration of the
                particular release (e.g., size, location,
                impact, etc.):
                 (a) Minor release means a release  of
                a quantity  of hazardous substance(s),
                pollutant(s), or contaminant(s) that
                poses minimal threat to public health
                or welfare or the environment.
                 (b) Medium release means a release
                not meeting the criteria for classifica-
                tion as a minor or major release.
                 (c) Major release means a release  of.
                any     quantity    of    hazardous
                substance(s),     pollutant(s),      or
                contaminant(s)  that  poses a substan-
                tial threat to public health or welfare
                or the environment or results in signif-
                icant public concern.
                 Source control action  is the con-
                struction or installation and start-up
                of  those actions necessary to prevent
                the continued  release  of hazardous
                substances  or  pollutants  or  contami-
                nants (primarily from a source on top
                of  or within the ground,  or in build-
                ings or other structures) into the envi-
                ronment.
                 Source control maintenance meas-
                ures  are  those  measures  intended  to
                maintain the effectiveness  of source
                control actions  once  such actions are
                operating  and  functioning properly,
                such as  the maintenance of  landfill
                caps and leachate collection systems.
                 Specified  ports and  harbors means
                those ports  and harbor  areas on inland
                rivers, and land areas immediately ad-
                jacent to  those waters,  where  the
                USCG acts  as predesignated on-scene
                coordinator. Precise locations are de-
                termined  by   EPA/USCG  regional
                agreements and identified in federal
                regional  contingency plans.
                 State means the several states of the
                United States, the District of Colum-
          bia,  the Commonwealth  of  Puerto
          Rico,  Guam,  American  Samoa,  the
          Virgin Islands, the Commonwealth of
          Northern Marianas, and any other ter-
          ritory or possession over  which  the
          United  States  has  jurisdiction.  For
          purposes of the  NCP,  the term in-
          cludes Indian tribes as defined in the
          NCP except where specifically noted.
          Section  126 of CERCLA provides that
          the governing body of an Indian tribe
          shall  be afforded  substantially  the
          same treatment as a state with respect
          to certain provisions  of CERCLA. Sec-
          tion 300.515(b)  of the  NCP describes
          the requirements  pertaining to Indian
          tribes that wish to be treated as states.
           Superfund Memorandum  of Agree-
          ment  (SMOA)  means  a nonbinding,
          written document executed by  an EPA
          Regional Administrator and the head
          of  a state agency that may establish
          the nature and extent of  EPA  and
          state interaction  during the removal,
          pre-remedial,   remedial,  and/or  en-
          forcement  response  process.   The
          SMOA is not a site-specific document
          although  attachments  may  address
          specific sites. The SMOA generally de-
          fines the role and  responsibilities of
          both the lead and the support  agen-
          cies.
           Superfund state contract is  a  joint,
          legally   binding  agreement  between
          EPA and a state to obtain the neces-
          sary assurances before a federal-lead
          remedial action can begin at a site. In
          the case of a political subdivision-lead
          remedial response, a three-party  Su-
          perfund  state  contract among  EPA,
          the state,  and  political  subdivision
          thereof,  is required before  a political
          subdivision  takes  the  lead for any
          phase of remedial response  to ensure
          state involvement pursuant to section
          121(f)(l) of CERCLA. The  Superfund
          state contract may be amended to pro-
          vide the state's CERCLA section  104
          assurances before a  political subdivi-
          sion can take  the lead for remedial
          action.
           Support agency means the agency or
          agencies  that   provide  the  support
          agency coordinator to  furnish neces-
          sary data to the lead agency, review
          response data and  documents, and pro-
          vide other assistance as requested by
          the OSC or RPM. EPA, the USCG, an-
          other federal  agency, or a  state may
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              Environmental Protection Agency
                                   § 300.105
              be support  agencies  for &  response
              action if operating pursuant to a con-
              tract executed under section  104(d)(l)
              of CERCLA or designated pursuant to
              a Superfund Memorandum of Agree-
              ment entered into pursuant to subpart
              F of the NCP or other agreement. The
              support agency may also concur on de-
              cision documents.
                Support agency  coordinator (SAC)
              means the official designated by  the
              support agency,  as  appropriate,  to
              interact and coordinate with the lead
              agency in  response actions under sub-
              part E of this part.
                Surface   collecting   agents  means
              those  chemical agents that form a sur-
              face film to control the layer thickness
              of oil.
                Threat of discharge  or release,  see
              definitions for discharge and release.
                Threat of release, see definition for
              release.
                Treatment  technology  means any
              unit operation or series  of unit oper-
              ations that alters the composition of a
              hazardous substance  or  pollutant  or'
              contaminant through chemical, biolog-
              ical, or physical means so as to reduce
              toxicity, mobility,  or  volume  of  the
              contaminated materials being treated.
              Treatment technologies  are  an alter-
              native to  land  disposal of hazardous
              wastes without treatment.
                Trustee means an official of a feder-
              al  natural  resources  management
              agency designated in subpart G of the
              NCP or a designated state official or
              Indian tribe who may pursue claims
              for damages under section  107(f) of
              CERCLA.
                United States when used in relation
              to section  311(a)(5)  of  the  CWA,
              means the states,  the District of Co-
              lumbia, the Commonwealth of Puerto
              Rico,  the Northern Mariana Islands,
              Guam, American Samoa, the  United
              States Virgin Islands,  and the Pacific
              Island Governments.  United  States,
              when   used  in  relation  to section
              101(27) of CERCLA, includes the sev-
              eral states of the  United States,  the
              District of  Columbia, the Common-
              wealth of Puerto Rico, Guam, Ameri-
              can Samoa, the United States Virgin
              Islands, the Commonwealth of  the
              Northern Marianas, and any other ter-
              ritory  or  possession over which  the
              United States has jurisdiction.
          Vessel as defined by section 101(28)
        of CERCLA, means every description
        of watercraft or other artificial con-
        trivance  used,  or  capable  of  being
        used, as a means of transportation on
        water, and, as defined  by section
        311(a)(3) of the CWA. means every de-
        scription of watercraft or other artifi-
        cial  contrivance used,  or capable of
        being used, as  a means of transporta-
        tion  on  water other than a  public
        vessel.
          Volunteer means any individual  ac-
        cepted to perform services by the lead
        agency which has authority to  accept
        volunteer services  (examples: See 16
        U.S.C. 742f(O). A volunteer is subject
        to the provisions of the  authorizing
        statute and the NCP.

        8 300.6 Use of number and gender.
          As used in this regulation, words in
        the  singular also  include  the  plural
        and  words  in  the  masculine  gender
        also  include the feminine and  vice
        versa, as the case may require.

        § 300.7 Computation of time.
          In computing any period of time pre-
        scribed or  allowed  in  these rules of
        practice, except as otherwise provided,
        the day  of  the event from which the
        designated period begins to run shall
        not be included. Saturdays. Sundays.
        and federal legal holidays shall be in-
        cluded. When a stated time expires on
        a Saturday. Sunday, or legal holiday,
        the  stated  time period shall  be  ex-
        tended to  include the next business
        day.

            Subpart B—Responsibility and
              Organization for Response

          SOURCE: 55 FR 8819. Mar. 8. 1990. unless
        otherwise noted.

        § 300.100  Duties of President delegated to
            federal agencies.
          In Executive Order 11735 and Exec-
        utive Order 12580. the President dele-
        gated certain functions and responsi-
        bilities vested in him by the CWA and
        CERCLA, respectively.

        § 300.105  General organization concepts.
          (a) Federal agencies should:
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                §300.105

                  (1) Plan for emergencies and develop
                procedures  for  addressing oil  dis-
                charges and releases of hazardous sub-
                stances, pollutants, or contaminants;
                  (2)  Coordinate their planning, pre-
                paredness, and response activities with
                one another;
                  (3)  Coordinate their planning, pre-
                paredness, and response activities with
                affected  states and local governments
                and private entities; and
                  (4) Make available those  facilities or
                resources that may be useful in a  re-
                sponse   situation,   consistent   with
                agency authorities and capabilities.
                  (b)  Three fundamental kinds  of  ac-
                tivities are performed  pursuant to the
                NCP:
                  (1)  Preparedness planning and  co-
                ordination for response to  a discharge
                of oil or release of  a  hazardous sub-
                stance, pollutant, or contaminant;
                  (2)  Notification  and  communica-
                tions; and
                  (3) Response operations at the scene
                of a discharge or release.
                  (c) The organizational  elements ere- '
                ated to perform these activities are:
                  (1)  The  National Response  Team
                (NRT),  responsible  for  national  re-
         40 CFR Ch. I (7-1-91 Edition)

sponse and preparedness planning, for
coordinating  regional  planning,  and
for providing policy guidance and sup-
port to the Regional Response Teams.
NRT membership consists  of  repre-
sentatives from the agencies specified
in § 300.175.
  (2)   Regional   Response  Teams
(RRTs),  responsible for regional plan-
ning   and   preparedness   activities
before response actions, and for pro-
viding advice  and support to the on-
scene coordinator (OSC) or remedial
project manager (RPM) when activat-
ed during a response.  RRT member-
ship consists of designated representa-
tives from each federal agency partici-
pating in the NRT together with state
and  (as  agreed upon  by  the states)
local government representatives.
  (3) The OSC and the RPM, primari-
ly responsible for directing response
efforts and  coordinating all other ef-
forts at the  scene  of a discharge or re-
lease. The  other  responsibilities of
OSCs  and  RPMs are described in
§300.135.
  (d)(l) The organizational concepts of
the national response system are de-
picted in the following Figure 1:
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                                            113

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               Environmental Protection Agency

                                                      Figure}

                                 National Response System Concepts
                                       §300.105
                      «»*<=a*on
                           The same federal agencies participate on both the National Response Team (NRT)
                           and the Regional Response Team (RRT). Federal agencies on the RRT are
                           represented by regional staff. Abbreviations used in this figure are explained
                           in §300.4.
                     cooc CMO-IO-C
                                                       17
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                §300.105

                  (2)  The  standard  federal  regional
                boundaries (which are  also the  geo-
                graphic areas of responsibility for the
                   40 CFR Ch. I (7-1-91 Edition)

           Regional Response Teams) are shown
           in the following Figure 2:
                                                   18
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                 §300.110
         40 CFR Ch, I (7-1-91 Edition)
                 § 300.110  National Response Team.
                   National planning and coordination
                 is accomplished through the National
                 Response Team (NRT).
                   (a) The NRT consists of representa-
                 tives  from the  agencies named  in
                 § 300.175. Each agency shall designate
                 a member to  the team and sufficient
                 alternates to ensure representation, as
                 agency  resources permit. The NRT
                 will consider requests for membership
                 on  the  NRT from other  agencies.
                 Other  agencies may request member-
                 ship by  forwarding such requests to
                 the chair of the NRT.
                   (b) The chair of  the NRT shall be
                 the representative of EPA and the vice
                 chair shall be the  representative of
                 the USCG, with the exception of peri-
                 ods of activation because of response
                 action.  During  activation,  the chair
                 shall be the member agency providing
                 the OSC/RPM. The vice  chair shall
                 maintain  records of  NRT  activities
                 along with national, regional, and OSC
                 plans for response actions.
                   (c) While the NRT desires to achieve
                 a  consensus on  all matters brought
                 before it, certain matters may prove
                 unresolvable by this means. In such
                 cases, each agency serving as a partici-
                 pating- agency on the NRT may be ac-
                 corded one vote in NRT proceedings.
                   (d) The NRT  may  establish such
                 bylaws and committees as it deems ap-
                 propriate to further the purposes for
                 which it is established.
                   (e) The NRT shall evaluate methods
                 of responding to  discharges  or  re-
                 leases,  shall recommend any changes
                 needed in the response  organization,
                 and may  recommend revisions to  the
                 NCP.
                   (f) The  NRT shall  provide policy
                 and program direction to the RRTs.
                   (g) The NRT may consider and make
                 recommendations to appropriate agen-
                 cies on the training,  equipping, and
                 protection of response  teams and nec-
                 essary research, development, demon-
                 stration, and evaluation to improve re-
                 sponse capabilities.
                   (h) Direct  planning  and  prepared-
                 ness  responsibilities of the NRT  in-
                 clude:
                   (1) Maintaining national  prepared-
                 ness to respond to a major discharge
                 of oil or release  of  a  hazardous sub-
 stance, pollutant, or contaminant that
 is beyond regional capabilities;
  (2) Publishing guidance documents
 for preparation and implementation of
 SARA Title III local emergency re-
 sponse plans;
  (3)  Monitoring  incoming  reports
 from all RRTs and activating for a re-
 sponse action, when necessary:
  (4) Coordinating a national program
 to assist member agencies in prepared-
 ness  planning and response,  and en-
 hancing  coordination  of   member
 agency preparedness programs:
  (5) Developing procedures to ensure
 the coordination of federal, state, and
 local  governments, and private re-
 sponse to oil discharges and releases of
 hazardous substances, pollutants, or
 contaminants;
  (6) Monitoring response-related re-
 search and  development, testing,  and
 evaluation activities of NRT agencies
 to enhance coordination  and avoid du-
 plication of effort;
  (7) Developing recommendations for
 response  training and for enhancing
 the coordination of available resources
 among agencies with training responsi-
 bilities under the NCP; and
  (8)  Reviewing  regional responses to
 oil  discharges  and  hazardous  sub-
 stance, pollutant,  or contaminant re-
 leases,  including   an  evaluation  of
 equipment readiness and coordination
 among responsible public agencies and
 private organizations.
  (i) The NRT  will consider  matters
 referred  to it  for advice  or resolution
 by an RRT.
  (j) The NRT should be activated as
 an emergency response team:
  (1) When an oil discharge or hazard-
 ous substance release:
  (i) Exceeds  the  response  capability
 of the region in which it occurs;
  (ii) Transects regional boundaries; or
  (iii) Involves a significant threat to
 public health  or welfare or the envi-
 ronment, substantial amounts of prop-
 erty, or substantial threats to natural
 resources; or
  (2)   If  requested  by  any  NRT
 member.
  (k)  When  activated  for a response
action, the NRT  shall meet at the call
 of the chair and may:
  (1)  Monitor and  evaluate  reports
from  the  OSC/RPM and recommend
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               Environmental Protection Agency
                                    §300.115
               to the OSC/RPM, through the RRT,
               actions to combat the discharge or re-
               lease;
                (2) Request other federal, state, and
               local governments, or private agencies,
               to provide resources under their exist-
               ing authorities to combat  a discharge
               or release, or to monitor response op-
               erations; and
                (3) Coordinate  the supply  of equip-
               ment, personnel, or technical advice to
               the affected region from other regions
               or districts.

               § 300.115  Reeional Response Teams.
                (a) Regional planning  and  coordina-
               tion of preparedness and response ac-
               tions  is  accomplished  through  the
               RRT.  The  RRT  agency membership
               parallels that of the NRT, as described
               in  1300.110,  but  also  includes  state
               and local  representation.  The  RRT
               provides  the appropriate   regional
               mechanism  for  development and co-
               ordination  of preparedness  activities.
               before a response action is taken and
               for  coordination  of  assistance  and
               advice to the OSC/RPM during such
               response actions.
                (b) The two principal components of
               the  RRT mechanism are  a standing
               team,  which consists  of  designated
               representatives from each participat-
               ing federal agency, state governments,
               and local governments (as agreed upon
               by  the  states); and incident-specific
               teams  formed from the standing team
               when  the RRT is activated for a re-
               sponse.  On  incident-specific  teams,
               participation  by  the RRT  member
               agencies will relate  to  the  technical
               nature of the incident and its  geo-
               graphic location.
                (1) The standing team's  jurisdiction
               corresponds to the standard federal re-
               gions,  except for Alaska,  Oceania in
               the  Pacific, and  the Caribbean  area,
               each of which has a separate standing
               RRT.  The  role of the standing RRT
               includes communications systems and
               procedures,   planning,  coordination.
               training, evaluation, preparedness, and
               related matters on a regionwide basis.
                (2) The role of  the incident-specific
               team is determined by the operational
               requirements of the response to a spe-
               cific discharge or  release. Appropriate
               levels of activation and/or  notification
               of the incident-specific RRT, including
         participation by state and local gov-
         ernments, Khali be determined by the
         designated RRT chair for the incident,
         based on the Regional Contingency
         Plan  (RCP).  The   incident-specific
         RRT  supports the designated OSC/
         RPM. The designated OSC/RPM di-
         rects response efforts and coordinates
         all other efforts at the scene of a dis-
         charge or release.
           (c) The representatives of EPA and
         the USCG shall act as co-chairs  of
         RRTs except when the RRT is activat-
         ed. When the RRT is activated for re-
         sponse actions, the chair shall be the
         member  agency providing the OSC/
         RPM.
           (d) Each participating agency should
         designate one member and at least one
         alternate member to  the RRT. Agen-
         cies whose regional subdivisions do not
         correspond to the standard federal re-
         gions  may designate additional repre-
         sentatives to the standing  RRT  to
         ensure  appropriate  coverage of the
         standard federal region. Participating
         states may also designate one member
         and at least  one alternate member to
         the RRT. Indian  tribal governments
         may arrange  for representation with
         the RRT appropriate  to  their geo-
         graphical location. All agencies and
         states may also provide additional rep-
         resentatives as observers  to  meetings
         of the RRT.
           (e) RRT members should designate
         representatives and   alternates from
         their  agencies as  resource  personnel
         for  RRT activities,  including  RRT
         work planning, and membership on in-
         cident-specific teams in support of the
         OSCs/RPMs.
           (f) Federal RRT members or their
         representatives should provide OSCs/
         RPMs with  assistance from  their re-
         spective  federal agencies commensu-
         rate with agency  responsibilities, re-
         sources,  and  capabilities within the
         region. During a  response action, the
         members of the RRT should seek  to
         make available the resources of their
         agencies to the OSC/RPM as specified
         in the  RCP and  OSC  contingency
         plan,
           (g) RRT members should designate
         appropriately qualified representatives
         from their agencies to work with OSCs
         in developing and  maintaining OSC
         contingency   plans,   described   in
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                 §300.115
                    40 CFR Ch. I (7-1-91 Edition)
                 § 300.210,  that  provide  for use  of
                 agency resources in responding to dis-
                 charges and releases.
                   (h) Affected states are encouraged to
                 participate actively in all RRT activi-
                 ties. Each state governor is requested
                 to assign an office or agency to repre-
                 sent  the state  on  the  appropriate
                 RRT;  to  designate representatives to
                 work with the RRT and  OSCs in de-
                 veloping RCPs and OSC contingency
                 plans;  to plan for, make available, and
                 coordinate  state  resources;  and  to
                 serve as  the contact point for coordi-
                 nation of response with local govern-
                 ment agencies, whether or not repre-
                 sented on the RRT. The  state's  RRT
                 representative  should keep  the  State
                 Emergency   Response   Commission
                 (SERC),  described in  § 300.205(c), ap-
                 prised of RRT activities and coordi-
                 nate RRT activities  with the SERC.
                 Local  governments and Indian tribes
                 are invited to participate in  activities
                 on  the appropriate RRT as  provided
                 by  state  law  or as arranged by the
                 state's representative.
                   (i) The standing RRT shall recom-
                 mend changes in the regional response
                 organization  as  needed, revise  the
                 RCP as needed, evaluate the prepared-
                 ness of the participating agencies and
                 the effectiveness of OSC  contingency
                 plans for the federal response to dis-
                 charges and releases, and provide  tech-
                 nical  assistance  for  preparedness  to
                 the response  community. The   RRT
                 should:
                   (1)  Review  and comment, to the
                 extent practicable, on local emergency
                 response plans or other issues related
                 to the preparation, implementation, or
                 exercise of such plans upon request of
                 a local emergency planning committee;
                   (2) Evaluate  regional and  local re-
                 sponses to discharges or releases  on a
                 continuing basis, considering  available
                 legal  remedies,  equipment readiness,
                 and  coordination  among responsible
                 public  agencies  and private organiza-
                 tions, and recommend improvements;
                   (3) Recommend revisions of the  NCP
                 to the NRT, based on observations of
                 response operations;
                   (4) Review OSC actions to ensure
                 that RCPs and OSC contingency plans
                 are  effective;
             (5) Encourage the state and local re-
           sponse community to improve its pre-
           paredness for response:
             (6)  Conduct advance  planning  for
           use of dispersants, surface collection
           agents, burning agents, biological addi-
           tives, or other chemical agents in ac-
           cordance with subpart J of this part;
             (7) Be prepared to provide response
           resources to major discharges or re-
           leases outside the region;
             (8) Conduct  or participate in train-
           ing and  exercises as  necessary to  en-
           courage preparedness activities of the
           response   community   within   the
           region;
             (9)  Meet  at least  semiannually to
           review  response actions carried out
           during the preceding period and con-
           sider changes in RCPs  and OSC con-
           tingency plans; and
             (10) Provide  letter  reports on RRT
           activities to the NRT twice a year, no
           later than January 31 and July 31. At
           a minimum, reports should summarize
           recent    activities,    organizational
           changes, operational concerns, and ef-
           forts to improve state and local coordi-
           nation.
             (j)(l) The RRT may be activated by
           the chair  as an  incident-specific  re-
           sponse team when a discharge or re-
           lease:
             (i) Exceeds the response capability
           available  to the  OSC/RPM  in  the
           place where it occurs;
             (ii) Transects state boundaries; or
             (iii) May pose a substantial threat to
           the public health or welfare or the en-
           vironment, or to regionally significant
           amounts  of  property.  RCPs  shall
           specify detailed criteria for activation
           of RRTs.
             (2) The RRT will be activated during
           any discharge  or release  upon a  re-
           quest from the OSC/RPM, or from
           any RRT representative, to the chair
           of the RRT. Requests for RRT activa-
           tion shall later be confirmed in writ-
           ing. Each representative, or an appro-
           priate alternate, should be notified im-
           mediately when the RRT is activated.
             (3) During prolonged removal or re-
           medial action, the RRT may not need
           to be activated or may need to be acti-
           vated only in a limited  sense, or may
           need  to have available  only  those
           member agencies of the RRT who are
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              Environmental Protection Agency
                                   §300.120
             directly  affected or who can provide
             direct response assistance.
               (4) When the RRT is activated for a
             discharge or release, agency represent-
             atives shall meet at the  call of the
             chair and may:
               (i)  Monitor  and  evaluate reports
             from the OSC/RPM, advise the OSC/
             RPM on the duration and extent of re-
             sponse, and recommend to the OSC/
             RPM specific actions to respond to the
             discharge or release;
               (II) Request other federal, state,  or
             local governments, or private agencies,
             to provide resources under their exist-
             ing  authorities  to respond  to  a dis-
             charge  or release or to monitor re-
             sponse operations;
               (iii) Help the OSC/RPM prepare in-
             formation releases for the public and
             for communication with the NRT;
               (iv) If  the  circumstances warrant,
             make recommendations to the region-
             al or district head of the agency  pro-
             viding the OSC/RPM that a different
             OSC/RPM should be designated: and
               (v) Submit pollution  reports to the
             NRC  as   significant   developments
             occur.
               (5) At  the regional level, a Regional
             Response Center  (RRC) may provide
             facilities and personnel for communi-
             cations,   information  storage,   and
             other  requirements  for coordinating
             response. The  location of each RRC
             should be provided In the RCP.
               (6) When the RRT is activated, af-
             fected states  may participate  in all
             RRT deliberations. State government
             representatives  participating  in  the
             RRT have the same status as any fed-
             eral member of the RRT.
               (7) The  RRT  can be  deactivated
             when the incident-specific RRT chair
             determines that  the OSC/RPM no
             longer requires RRT assistance.
               (8) Notification  of the RRT may be
             appropriate when full activation is not
             necessary, with systematic communi-
             cation of  pollution reports or other
             means  to  keep  RRT  members  in-
             formed as to actions of potential  con-
             cern to a particular agency, or to assist
             in later RRT evaluation of regionwide
             response effectiveness.
               (k) Whenever  there  is  insufficient
             national policy guidance on a matter
             before the RRT. a technical matter re-
             quiring solution,  or a question  con-
        cerning interpretation of the NCP, or
        there is a disagreement on discretion-
        ary actions among RRT members that
        cannot  be resolved  at the regional
        level, it may be referred to the NRT,
        described in § 300.110, for advice.

        § 300.120  On-scene  coordinators and  re-
            medial project managers: general  re-
            sponsibilities.
          (a) The OSC/RPM directs response
        efforts and coordinates all other  ef-
        forts at the scene of a discharge or re-
        lease. As part of the planning and pre-
        paredness for response, OSCs shall be
        predesignated by the  regional  or dis-
        trict head of  the lead agency. EPA and
        the USCG shall predesignate OSCs for
        all areas in each region, except as pro-
        vided in paragraphs (b) and (c) of this
        section. RPMs shall be assigned by the
        lead agency  to manage remedial  or
        other response  actions at  NPL  sites,
        except as provided in paragraphs  (b)
        and (c) of this section.
          (1) The USCG shall provide OSCs
        for oil discharges, including discharges
        from facilities  and vessels under the
        jurisdiction of another federal agency,
        within or threatening the coastal zone.
        The USCG shall also provide OSCs for
        the removal  of releases of  hazardous
        substances,   pollutants,  or  contami-
        nants into or threatening  the  coastal
        zone, except  as provided in paragraph
        (b) of this section. The USCG  shall
        not  provide  predesignated  OSCs for
        discharges or releases from hazardous
        waste management facilities or in simi-
        larly  chronic  incidents. The  USCG
        shall provide an initial response to dis-
        charges  or releases  from  hazardous
        waste  management  facilities  within
        the coastal zone in  accordance  with
        DOT/EPA Instrument of  Redelega-
        tion (May 27, 1988) except as provided
        by paragraph (b) of this section. The
        USCG OSC  shall  contact the cogni-
        zant RPM as soon as it is evident that
        a removal may require a follow-up re-
        medial action,  to ensure that the  re-
        quired planning can be initiated and
        an  orderly transition to  an EPA or
        state lead can occur.
          (2) EPA shall provide OSCs for dis-
        charges or releases into or threatening
        the  inland  zone  and shall  provide
        RPMs for federally funded remedial
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                 § 300.120
                    40 CFR Ch. I (7-1-91 Edition)
                 actions,  except in the case of state-
                 lead federally funded response and as
                 provided in paragraph (b) of this sec-
                 tion. EPA will also assume all remedial
                 actions at NPL sites in the  coastal
                 zone, even where  removals are initiat-
                 ed by the USCG, except as provided in
                 paragraph (b) of this section.
                   (b)  For  releases of  hazardous sub-
                 stances,  pollutants, or contaminants,
                 when  the release  is on, or the  sole
                 source of the release is from, any facil-
                 ity  or vessel,  including  vessels bare-
                 boat-chartered  and operated,  under
                 the jurisdiction, custody, or control of
                 DOD, DOE, or other federal agency:
                   (1)  In the  case of  DOD or DOE,
                 DOD  or  DOE shall  provide  OSCs/
                 RPMs responsible for taking  all re-
                 sponse actions; and
                   (2) In  the  case  of a federal  agency
                 other than EPA, DOD, or DOE, such
                 agency shall provide OSCs for all re-
                 moval  actions  that  are not emergen-
                 cies and shall provide RPMs for all re-
                 medial actions.
                   (c)  DOD will be the  removal re-
                 sponse authority with respect to inci-
                 dents involving DOD military weapons
                 and munitions or weapons and muni-
                 tions  under the jurisdiction, custody,
                 or control of DOD.
                   (d) The OSC is responsible for devel-
                 oping any  OSC contingency plans for
                 the federal response in the area of the
                 OSC's  responsibility.  The planning
                 shall, as appropriate, be  accomplished
                 in cooperation with  the RRT,  de-
                 scribed in § 300.115, and designated
                 state  and  local representatives. The
                 OSC coordinates,  directs, and reviews
                 the work of  other agencies, responsi-
                 ble  parties, and contractors to assure
                 compliance with  the  NCP, decision
                 document, consent decree, administra-
                 tive order, and, lead agency-approved
                 plans applicable to the response.
                   (e) The  RPM is the prime contact
                 for remedial or other response actions
                 being taken (or needed) at sites on the
                 proposed or promulgated NPL, and for
                 sites not on the NPL but  under the ju-
                 risdiction, custody, or control of a fed-
                 eral  agency. The RPM's responsibil-
                 ities include:
                   (1)  Fund-financed  response:  The
                 RPM coordinates, directs, and reviews
                 the work of EPA, states and local gov-
                 ernments, the U.S. Army Corps of En-
            gineers,  and all  other agencies and
            contractors to assure compliance with
            the NCP.  Based upon the reports  of
            these  parties, the RPM recommends
            action for decisions by lead-agency of-
            ficials. The RPM's period of responsi-
            bility begins prior to initiation of the
            remedial       investigation/feasibility
            study  (RI/FS), described in § 300.430,
            and continues through design,  remedi-
            al action, deletion of the site from the
            NPL, and  the CERCLA cost recovery
            activity. When a removal and remedial
            action occur at the same site, the OSC
            and RPM  should coordinate to ensure
            an orderly transition of responsibility.
             (2) Federal-lead non-Fund-financed
            response:  The  RPM  coordinates,  di-
            rects,  and reviews the work of other
            agencies, responsible parties, and con-
            tractors to assure compliance with the
            NCP,  ROD, consent decree, adminis-
            trative order,  and  lead  agency-ap-
            proved plans applicable  to  the  re-
            sponse. Based  upon  the  reports  of
            these  parties, the RPM shall  recom-
            mend  action  for  decisions by lead
            agency officials. The RPM's period  of
            responsibility begins prior to initiation
            of  the RI/FS,  described in § 300.430,
            and continues through design  and re-
            medial action and the CERCLA cost
            recovery activity.  The OSC and RPM
            shall ensure  orderly transition of  re-
            sponsibilities from one to the other.
             (3) The RPM shall participate in all
            decision-making processes necessary  to
            ensure  compliance with the NCP,  in-
            cluding,  as  appropriate,  agreements
            between EPA or other federal agencies
            and the state. The RPM may also
            review  responses  where  EPA  has
            preauthorized a person to file  a claim
            for reimbursement to determine that
            the response was consistent with the
            terms  of  such  preauthorization   in
            cases where  claims are filed for reim-
            bursement.
             (f)(l) Where  a  support  agency has
            been identified through a cooperative
            agreement, SMOA, or other  agree-
            ment,  that agency may designate  a
            support agency coordinator (SAC) to
            provide assistance,  as requested, by
            the OSC/RPM. The SAC is the prime
            representative of  the  support  agency
            for response actions.
             (2) The  SAC's responsibilities may
            include:
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               Environmental Protection Agency
                           § 300.130
                 (I) Providing and reviewing data and
               documents as requested by the  OSC/
               RPM during the planning, design, and
               cleanup  activities  of  the  response
               action; and
                 (ii) Providing other assistance  as re-
               quested.
                 (g)(l) The lead  agency should pro-
               vide appropriate training for its  OSCs,
               RPMs, and other response personnel
               to  carry  out  their  responsibilities
               under the NCP.
                 (2) OSCs/RPMs should ensure that
               persons designated to act as their on-
               scene representatives are adequately
               trained and prepared to carry out ac-
               tions under  the  NCP. to the  extent
               practicable.

               § 300.125  Notification   and   communica-
                   tions.
                 (a)  The  National  Response Center
               (NRC), located  at USCG Headquar-
               ters, is the national communications
               center, continuously manned for han-
               dling activities related to  response ac-
               tions.  The  NRC  acts as the  single
               point of  contact for  all pollution inci-
               dent reporting, and as the NRT com-
               munications  center.  Notice  of dis-
               charges must be made telephonically
               through a toll free number or a special
               local   number   (Telecommunication
               Device for the Deaf (TDD) and collect
               calls  accepted). (Notification  details
               appear in §§ 300.300 and 300.405.) The
               NRC receives and immediately  relays
               telephone notices  of discharges  or re-
               leases to the appropriate  predesignat-
               ed federal OSC. The telephone report
               is  distributed to  any interested  NRT
               member agency or federal entity that
               has established a written agreement or
               understanding  with  the  NRC. The
               NRC evaluates incoming  information
               and immediately advises  PEMA of  a
               potential major disaster or evacuation
               situation.
                 (b)  The Commandant, USCG,  in
               conjunction with other NRT agencies,
               shall provide the necessary personnel,
               communications,   plotting   facilities.
               and equipment for the NRC.
                 (c) Notice of an oil discharge  or re-
               lease of a  hazardous substance  in an
               amount equal to or  greater  than the
               reportable quantity must  be made im-
               mediately in accordance with 33 CPR
               part 153, subpart B,  and 40 CPR part
302, respectively. Notification shall be
made to the NRC  Duty Officer,  HQ
USCG,  Washington, DC,  telephone
(800)  424-8802  or  (202) 267-2675. All
notices  of  discharges or  releases re-
ceived at the NRC will be relayed im-
mediately by telephone to the OSC.

§ 300.130  Determinations  to  initiate  re-
   sponse and special conditions.

  (a)  In accordance with  CWA  and
CERCLA, the  Administrator of  EPA
or the Secretary of the Department in
which the  USCG is operating, as ap-
propriate, is authorized to act for the
United States to take response meas-
ures deemed necessary to protect the
public health or welfare or environ-
ment from  discharges of oil or releases
of hazardous substances, pollutants, or
contaminants  except with respect to
such releases on or from vessels or fa-
cilities under the jurisdiction, custody,
or control of other federal agencies.
  (b) The Administrator of EPA or the
Secretary of the Department in which
the USCG is operating, as appropriate.
is  authorized  to initiate appropriate
response activities when  the Adminis-
trator or Secretary determines that:
  (1)  Any oil is discharged  from  any
vessel or offshore or onshore facility
into  or  upon the navigable waters of
the  United States,  adjoining  shore-
lines, or into or upon the waters of the
contiguous  zone, or in connection with
activities under the Outer Continental
Shelf Lands Act  or the  Deepwater
Port Act of 1974, or which may affect
natural  resources belonging to, apper-
taining to, or under exclusive manage-
ment authority of the United States;
  (2)  Any hazardous substance is re-
leased or there is a threat of such a re-
lease into the environment, or there is
a release or threat of release into the
environment of any pollutant or con-
taminant which may present an immi-
nent  and substantial danger to  the
public health or welfare; or
  (3) A marine disaster in or upon the
navigable waters of the United States
has created a substantial threat  of a
pollution hazard to the public health
or welfare  because of a  discharge or
release,  or  an imminent discharge or
release,  from a vessel of  large quanti-
ties of oil or hazardous substances des-
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               § 300.135
                  40 CFR Ch. I (7-1-91 Edition)
               ignated    pursuant    to    section
               311(b)(2)(A) of the CWA.
                 (c) Whenever there is such a marine
               disaster, the Administrator of EPA or
               Secretary of the Department in which
               the USCG is operating may:
                 (1) Coordinate and direct all public
               and private efforts to abate the threat;
               and
                 (2) Summarily remove and, if neces-
               sary, destroy  the  vessel by whatever
               means  are available without regard to
               any provisions of law  governing  the
               employment of  personnel  or the  ex-
               penditure of appropriated funds.
                 (d) In addition to any actions taken
               by a state or local government, the  Ad-
               ministrator of  EPA or the Secretary of
               the Department in which the USCG is
               operating may request the  U.S. Attor-
               ney General to secure the relief neces-
               sary to abate a threat if the Adminis-
               trator or Secretary determines:
                 (1) That there is an  imminent and
               substantial threat to the public health
               or welfare or the environment because
               of discharge of oil from any offshore
               or onshore  facility into or upon  the
               navigable  waters of the  United States;
               or
                 (2) That there may be an imminent
               and substantial  endangerment to  the
               public  health  or welfare or the envi-
               ronment because of a release of a haz-
               ardous substance from a facility.
                 (e) Response actions to remove  dis-
               charges originating  from  operations
               conducted subject to the Outer Conti-
               nental  Shelf Lands Act shall be in ac-
               cordance with  the NCP.
                 (f) Where appropriate, when a  dis-
               charge or release involves  radioactive
               materials, the  lead or support federal
               agency shall act consistent with  the
               notification  and assistance  procedures
               described  in the appropriate Federal
               Radiological Plan.  For the  purpose of
               the NCP,  the  Federal  Radiological
               Emergency  Response Plan  (FRERP)
               (50 FR 46542. November 8, 1985) is  the
               appropriate plan.
                 (g) Removal  actions involving nucle-
               ar weapons should be conducted in ac-
               cordance with the joint Department of
               Defense, Department of Energy, and
               Federal   Emergency   Management
               Agency Agreement for Response  to
               Nuclear Incidents and Nuclear Weap-
          ons Significant Incidents (January  8,
          1981).
           (h) If the situation is beyond the ca-
          pability of state and local governments
          and the statutory authority of federal
          agencies, the President may, under the
          Disaster Relief Act of 1974, act upon a
          request by the governor and declare a
          major disaster or emergency and ap-
          point a Federal  Coordinating Officer
          (FCO) to coordinate all federal disas-
          ter assistance activities. In such cases,
          the OSC/RPM  would continue  to
          carry  out OSC/RPM  responsibilities
          under the NCP,  but would coordinate
          those  activities  with the  FCO  to
          ensure consistency with other federal
          disaster assistance activities.

          § 300.135  Response operations.
           (a) The  OSC/RPM, consistent with
          §§ 300.120  and 300.125, shall direct re-
          sponse efforts and coordinate all other
          efforts at  the scene of a discharge  or
          release. As part of the  planning and
          preparation for  response,  the OSCs/
          RPMs shall be predesignated by the
          regional or district head of the  lead
          agency.
           (b) The first federal  official affili-
          ated with  an NRT member agency  to
          arrive at  the  scene of a discharge  or
          release should  coordinate  activities
          under the NCP  and is authorized  to
          initiate, in consultation with the OSC,
          any necessary actions normally carried
          out by the OSC until the arrival of the
          predesignated OSC. This official may
          initiate federal Fund-financed actions
          only as authorized by the OSC or,  if
          the OSC is unavailable, the authorized
          representative of the lead agency.
           (c) The OSC/RPM shall,  to  the
          extent  practicable,  collect  pertinent
          facts about the  discharge or release,
          such as its source and cause; the iden-
          tification   of  potentially  responsible
          parties; the nature,  amount,  and  loca-
          tion of discharged or released materi-
          als; the probable direction and time of
          travel of discharged or released mate-
          rials; the pathways to human and en-
          vironmental  exposure; the  potential
          impact on human health, welfare, and
          safety and the  environment; the po-
          tential  impact on  natural resources
          and property which may be affected;
          priorities for protecting human health
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                 Environmental Protection Agency
                           §300.140
                 and welfare and the environment; and
                 appropriate cost documentation.
                   (d) The OSC's/RPM's efforts shall
                 be coordinated with other appropriate
                 federal, state, local,  and private  re-
                 sponse agencies. OSCs/RPMs may des-
                 ignate  capable  persons from federal,
                 state, or local agencies to act as their
                 on-scene representatives. State  and
                 local governments,  however, are not
                 authorized  to take actions under sub-
                 parts D and E of the NCP that involve
                 expenditures  of CWA section 311(k) or
                 CERCLA funds unless an appropriate
                 contract or cooperative agreement has
                 been established.
                   (e) The OSC/RPM  should  consult
                 regularly with  the  RRT in carrying
                 out the NCP and keep the RRT in-
                 formed of activities under the NCP.
                   (f) The OSC/RPM  shall advise the
                 support agency as promptly as possi-
                 ble of reported releases.
                   (g) The OSC/RPM shall immediate-
                 ly notify PEMA  of situations poten-
                 tially requiring evacuation, temporary
                 housing, or permanent relocation. In
                 addition, the OSC/RPM shall evaluate
                 incoming information and immediate-
                 ly advise PEMA of potential major dis-
                 aster situations.
                   (h) In those instances where a possi-
                 ble public  health emergency exists,
                 the OSC/RPM should notify the HHS
                 representative to  the  RRT. Through-
                 out response  actions, the OSC/RPM
                 may call upon the HHS representative
                 for assistance in determining public
                 health threats and call upon the Occu-
                 pational Safety and Health Adminis-
                 tration  (OSHA)  and HHS for advice
                 on worker health  and safety problems.
                   (i) All federal agencies should plan
                 for emergencies  and  develop proce-
                 dures for dealing with  oil discharges
                 and releases of hazardous substances,
                 pollutants,  or contaminants from ves-
                 sels and facilities  under their jurisdic-
                 tion. All federal  agencies, therefore,
                 are  responsible  for designating the
                 office  that coordinates response to
                 such incidents in  accordance with the
                 NCP and  applicable  federal  regula-
                 tions and guidelines.
                   (j) The  OSC/RPM shall  promptly
                 notify  the trustees for  natural  re-
                 sources of discharges  or releases that
                 are injuring or may injure natural re-
                 sources under their jurisdiction. The
OSC or RPM shall seek to coordinate
all response activities with the natural
resource trustees.
  (k) Where the OSC/RPM becomes
aware that a discharge or release may
adversely affect any  endangered  or
threatened  species,  or result  in de-
struction or adverse modification  of
the habitat of such species, the OSC/
RPM should consult with the DOI or
DOC (NOAA).
  (1) The OSC/RPM is responsible for
addressing worker  health  and safety
concerns at  a  response scene, in ac-
cordance with § 300.150.
  (m) The OSC  shall submit pollution
reports  to the RRT and other appro-
priate agencies as significant develop-
ments  occur during response actions,
through communications networks or
procedures agreed to by the RRT and
covered in the RCP.
  (n) OSCs/RPMs should ensure that
all appropriate public  and private in-
terests  are  kept informed and  that
their concerns are considered through-
out a response, to the extent practica-
ble, consistent  with the requirements
of § 300.155 of this part.

§ 300.140  Multi-regional responses.
  (a) If  a discharge or release moves
from the area covered  by one RCP or
OSC contingency plan into another
area, the authority for response ac-
tions should likewise shift.  If a dis-
charge or release affects areas covered
by two  or more RCPs, the response
mechanisms of  both may be activated.
In this case, response actions of all re-
gions concerned shall be fully  coordi-
nated as detailed in the RCPs.
  (b) There  shall be  only one  OSC
and/or  RPM at any time  during the
course of a response operation. Should
a discharge or  release  affect two  or
more areas,  EPA, the  USCG, DOD.
DOE, or other  lead agency, as appro-
priate,  shall  give prime consideration
to the area vulnerable  to the greatest
threat,  in determining  which agency
should provide the OSC and/or RPM.
The  RRT  shall designate the  OSC
and/or  RPM if the  RRT member
agencies who have response authority
within the affected areas are unable to
agree on the designation.  The NRT
shall designate  the  OSC and/or RPM
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             § 300.145
                40 CFR Ch. I (7-1-91  Edition)
             if members of one RRT or two adja-
             cent RRTs are unable to agree on the
             designation.
               (c) Where  the USCG has  initially
             provided the OSC for response to a re-
             lease from hazardous  waste manage-
             ment facilities located in the coastal
             zone, responsibility for response action
             shall shift to EPA or another federal
             agency, as appropriate.

             § 300.145  Special  teams and other assist-
                ance available  to OSCs/RPMs.
               (a) Strike Teams, collectively known
             as the National Strike Force (NSF),
             are established by the USCG on the
             Pacific coast and Gulf coast (covering
             the Atlantic and Gulf coast regions),
             to provide assistance  to  the OSC/
             RPM.
               (1) Strike Teams  can provide  com-
             munications support, advice,  and as-
             sistance  for  oil  and hazardous  sub-
             stances removal. These  teams  also
             have knowledge  of shipboard damage
             control, are equipped with specialized
             containment and removal equipment,
             and  have rapid  transportation  avail-
             able. When possible,  the Strike Teams
             will  provide  training  for  emergency
             task forces  to  support  OSCs/RPMs
             and assist in the  development of RCPs
             and OSC contingency plans.
               (2) The OSC/RPM may request as-
             sistance from the Strike  Teams.  Re-
             quests for a team may be made direct-
             ly to the Commanding Officer of the
             appropriate team, the USCG  member
             of the RRT, the appropriate USCG
             Area  Commander,  or  the  Comman-
             dant of the CJSCG through the NRC.
               (b) Each USCG OSC manages emer-
             gency task forces trained to evaluate,
             monitor,  and supervise pollution re-
             sponses. Additionally, they have limit-
             ed "initial aid" response capability to
             deploy equipment prior to the arrival
             of a cleanup contractor or other re-
             sponse personnel.
               (c)(l) The Environmental Response
             Team (ERT) is established by EPA in
             accordance with  its disaster and emer-
             gency  responsibilities.  The  ERT  has
             expertise in treatment technology, bi-
             ology,  chemistry, hydrology, geology,
             and engineering.
               (2) The ERT can provide access to
             special  decontamination   equipment
             for chemical releases and advice to the
       OSC/RPM in hazard evaluation; risk
       assessment;  multimedia sampling and
       analysis  program; on-site  safety, in-
       cluding development and implementa-
       tion plans; cleanup techniques and pri-
       orities; water supply decontamination
       and protection; application of disper-
       sants;    environmental   assessment;
       degree of cleanup required; and dispos-
       al of contaminated material.
         (3) The ERT also  provides both in-
       troductory  and   intermediate   level
       training  courses  to  prepare response
       personnel.
         (4) OSC/RPM or RRT requests for
       ERT support should be made to the
       EPA representative on the RRT; EPA
       Headquarters,  Director,   Emergency
       Response Division; or the appropriate
       EPA regional emergency coordinator.
         (d)  Scientific  support coordinators
       (SSCs) are available, at the request of
       OSCs/RPMs, to assist with actual  or
       potential responses to discharges of oil
       or  releases  of  hazardous  substances,
       pollutants, or contaminants. The SSC
      ' will also provide scientific support for
       the development of RCPs and  OSC
       contingency  plans.  Generally,  SSCs
       are provided by NOAA in coastal and
       marine areas, and by EPA in inland re-
       gions. In the case of NOAA, SSCs may
       be  supported in  the field  by a team
       providing, as necessary, expertise  in
       chemistry, trajectory modeling, natu-
       ral resources at risk, and data manage-
       ment.
         (1)  During  a  response,  the  SSC
       serves  under  the  direction  of the
       OSC/RPM and is responsible  for pro-
       viding scientific support for operation-
       al decisions and  for coordinating on-
       scene scientific activity. Depending on
       the nature  of the incident, the  SSC
       can be expected to provide certain spe-
       cialized scientific skills and to work
       with governmental agencies, universi-
       ties, community  representatives, and
       industry to  compile  information  that
       would assist the OSC/RPM in assess-
       ing the hazards and potential  effects
       of discharges and releases  and in de-
       veloping response strategies.
         (2) If requested by the OSC/RPM,
       the SSC will serve as the principal liai-
       son for scientific information and will
       facilitate communications to and from
       the scientific community on response
       issues. The SSC, in this role, will strive
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               Environmental Protection Agency
                                    §300.150
               for a consensus on scientific issues sur-
               rounding the  response but will also
               ensure  that  any differing  opinions
               within the community  are communi-
               cated to the OSC/RPM.
                 (3) The SSC will  assist the OSC/
               RPM in responding to requests for as-
               sistance from state and federal agen-
               cies  regarding  scientific  studies and
               environmental assessments. Details on
               access to scientific support shall be in-
               cluded in the RCPs.
                 (e) For marine salvage  operations,
               OSCs/RPMs  with  responsibility  for
               monitoring, evaluating,  or supervising
               these activities  should  request techni-
               cal assistance  from DOD, the Strike
               Teams, or commercial salvors as neces-
               sary to ensure that proper actions are
               taken. Marine salvage operations gen-
               erally fall into  five categories: Afloat
               salvage;  offshore  salvage; river and
               harbor  clearance;  cargo salvage; and
               rescue towing. Each category requires
               different knowledge  and  specialized
               types of equipment. The complexity of
               such operations may be further com-
               pounded by local environmental and
               geographic conditions.  The nature  of
               marine  salvage and  the conditions
               under  which  it  occurs  combine  to
               make such  operations imprecise, diffi-
               cult, hazardous, and expensive. Thus,
               responsible parties or other  persons
               attempting to perform such operations
               without  adequate knowledge,  equip-
               ment, and experience could aggravate,
               rather than relieve, the situation.
                 (f) Radiological Assistance  Teams
               (RATs)   have  been  established  by
               EPA's Office of  Radiation Programs
               (ORP) to provide response and  sup-
               port for incidents or sites containing
               radiological hazards. Expertise is avail-
               able in radiation monitoring, radionu-
               clide analysis, radiation health phys-
               ics, and risk assessment. Radiological
               Assistance Teams can  provide  on-site
               support including mobile  monitoring
               laboratories for field analyses of sam-
               ples  and fixed  laboratories for radio-
               chemical sampling and analyses. Re-
               quests  for  support may be made 24
               hours a day  to the  Radiological Re-
               sponse Coordinator in the EPA Office
               of Radiation Programs. Assistance is
               also available from the Department of
               Energy and other federal agencies.
           (g) The USCG Public Information
         Assist Team  (PIAT)  is  available to
         assist OSCs/RPMs and regional or dis-
         trict offices to meet the demands for
         public information  and  participation.
         Its  use  is encouraged any  time the
         OSC/RPM requires outside public af-
         fairs support. Requests  for the PIAT
         may be made through the NRC.

         § 300.150   Worker health and safety.
           (a) Response actions under the NCP
         will comply with the provisions for re-
         sponse   action   worker  safety   and
         health in 29 CFR 1910.120.
           (b) In a response action taken by a
         responsible  party, the  responsible
         party musi assure that an occupation-
         al safety and health program  consist-
         ent with  29  CFR  1910.120 is made
         available for the protection of workers
         at the response site.
           (c) In a response taken under the
         NCP by  a lead agency, an occupational
         safety and health  program should be
         made available  for the  protection of
         workers at the  response site,  consist-
         ent with,  and to  the  extent required
         by,  29 CFR 1910.120.  Contracts relat-
         ing to  a  response  action under the
         NCP should contain assurances that
         the contractor at the response site will
         comply  with  this  program and  with
         any applicable provisions of the  OSH
         Act and  state OSH laws.
           (d) When a state, or political subdivi-
         sion of a state,  without  an OSHA-ap-
         proved  state plan  is the lead  agency
         for response, the state or political sub-
         division  must comply  with standards
         in  40 CFR part  311, promulgated by
         EPA pursuant  to  section 126(f) of
         SARA.
           (e) Requirements,  standards,   and
         regulations of the Occupational Safety
         and Health Act of 1970 (29 U.S.C. 651
         et  seq.)  (OSH Act) and  of state laws
         with plans approved under section 18
         of the OSH Act (state OSH laws), not
         directly  referenced  in paragraphs (a)
         through (d)  of  this section, must be
         complied with where applicable.  Fed-
         eral OSH Act requirements  include,
         among   other  things.  Construction
         Standards (29 CFR part 1926),  Gener-
         al  Industry Standards (29 CFR  part
         1910),  and the  general  duty < require-
         ment of  section 5(a)(l) of the OSH Act
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              §300.155
                 40 CFR Ch. I (7-1-91 Edition)
              (29 U.S.C. 654(a)(D). No action by the
              lead agency  with respect to response
              activities under the NCP constitutes
              an exercise  of  statutory  authority
              within the meaning of section 4(b)(l)
              of  the  OSH Act. All  governmental
              agencies and private employers are di-
              rectly  responsible for  the health and
              safety of their own employees.

              § 300.155  Public information and commu-
                  nity relations.
                (a) When an incident occurs, it is im-
              perative  to give the public prompt, ac-
              curate information on the  nature of
              the incident and the actions underway
              to mitigate the  damage. OSCs/RPMs
              and community   relations  personnel
              should  ensure  that   all appropriate
              public and private interests are  kept
              informed and that their concerns are
              considered  throughout  a  response.
              They should  coordinate with available
              public affairs/community relations re-
              sources to carry out this responsibility.
                (b) An on-scene news office may be
              established to coordinate media  rela-
              tions and to issue official federal infor-
              mation on an incident. Whenever pos-
              sible, it will be headed by a representa-
              tive of the  lead  agency. The OSC/
              RPM determines  the  location of the
              on-scene news office,  but every effort
              should be made to locate it near the
              scene of the  incident.  If a participat-
              ing ager>cy  believes   public  interest
              warrants the issuance of statements
              and an on-scene news  office  has not
              been established, the affected agency
              should recommend its establishment.
              All federal news releases or statements
              by  participating  agencies should  be
              cleared through the OSC/RPM.
                (c) The community relations require-
              ments  specified in §§300.415,  300.430,
              and 300.435 apply to removal, remedi-
              al, and enforcement actions and are in-
              tended to promote active communica-
              tion between communities affected by
              discharges or releases and the  lead
              agency  responsible for response  ac-
              tions.  Community  Relations Plans
              (CRPs) are required by EPA  for cer-
              tain response actions. The OSC/RPM
              should ensure coordination with  such
              plans  which  may  be in effect at the
              scene  of a  discharge  or release  or
              which  may  need to  be  developed
              during follow-up activities.
        § 300.160  Documentation  and cost recov-
            ery.
          (a) For releases of a hazardous  sub-
        stance, pollutant, or contaminant, the
        following provisions apply:
          (1) During all phases  of  response,
        the lead agency shall  complete  and
        maintain documentation to support all
        actions  taken under the NCP and to
        form  the basis  for  cost  recovery. In
        general,  documentation shall be suffi-
        cient to provide the source and circum-
        stances  of the release, the identity of
        responsible   parties,   the   response
        action taken, accurate  accounting of
        federal, state, or private party costs in-
        curred for response actions, and im-
        pacts and  potential impacts to  the
        public health and welfare and the en-
        vironment.  Where  applicable, docu-
        mentation shall state when  the  NRC
        received  notification of a release  of a
        reportable quantity.
          (2) The information and reports ob-
        tained by the lead agency for Fund-fi-
        nanced  response actions  shall, as ap-
        propriate, be transmitted to  the chair
        of the RRT. Copies can then be for-
        warded  to the NRT, members of the
        RRT, and others as appropriate. In ad-
        dition, OSCs shall submit reports as
        required under § 300.165.
          (3) The lead agency shall make avail-
        able to the trustees of affected natural
        resources information and documenta-
        tion that can assist the  trustees in the
        determination of actual  or  potential
        natural resource Injuries.
          (b) For discharges of oil, documenta-
        tion and cost recovery  provisions are
        described in § 300.315.
          (c) Response actions undertaken by
        the participating agencies shall be car-
        ried out  under existing programs  and
        authorities  when available.  Federal
        agencies  are  to  make resources avail-
        able, expend funds,  or  participate in
        response to  discharges  and releases
        under their existing authority. Inter-
        agency  agreements  may be signed
        when necessary to ensure that the fed-
        eral resources will be available for a
        timely response  to a discharge or re-
        lease. The ultimate decision  as to the
        appropriateness  of  expending funds
        rests with the agency that is held ac-
        countable for such expenditures. Fur-
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               Environmental Protection Agency
                                     § 300.170
               ther funding provisions for discharges
               of oil are described in | 300.335.
                 (d)  The Administrator  of EPA and
               the Administrator of the Agency for
               Toxic Substances and Disease Registry
               (ATSDR) shall assure that the costs of
               health  assessment  or  health  effect
               studies conducted under the authority
               of CERCLA section 104(i)  are  docu-
               mented in accordance  with standard
               EPA  procedures  for cost  recovery.
               Documentation shall include informa-
               tion on the nature  of  the hazardous
               substances addressed by the research,
               information concerning the locations
               where these  substances  have  been
               found, and any available information
               on response actions taken concerning
               these substances at the location.

               § 300.165  OSC reports.
                 (a) Within one year after completion
               of removal  activities at  a  major dis-
               charge of oil, a major release of a haz-
               ardous substance, pollutant, or con-
               taminant, or when  requested  by the
               RRT, the OSC/RPM shall submit to
               the RRT a complete report on the re-
               moval  operation  and   the  actions
               taken. The OSC/RPM  shall  at the
               same time send a copy of  the report to
               the Secretary of the NRT. The RRT
               shall  review the OSC report and send
               to the NRT a copy of the OSC report
               with  its comments or  recommenda-
               tions within 30 days after  the RRT
               has received the OSC report.
                 (b) The OSC report shall record the
               situation as it developed, the  actions
               taken, the resources committed, and
               the problems encountered.
                 (c) The format  for the OSC  report
               shall be as follows:
                 (1)  Summary of Events—a chrono-
               logical narrative  of  all  events, includ-
               ing:
                 (i) The location of the  hazardous
               substance,  pollutant, or  contaminant
               release or oil discharge, including, for
               oil discharges, an  indication of wheth-
               er the  discharge was  in connection
               with  activities  regulated under the
               Outer Continental  Shelf Lands Act
               (OCSLA), the  Trans-Alaska Pipeline
               Authorization Act, or the  Deepwater
               Port Act;
                 (ii) The cause of the discharge or re-
               lease;
                 (iii) The initial situation;
           (iv) Efforts to obtain response by re-
          sponsible parties;
           (v) The organization of the response,
          including state participation;
           (vi) The resources committed;
           (vii) Content and time of notice to
          natural   resource  trustees  relating
          injury or possible injury to natural re-
          sources;
           (viii) Federal or state trustee damage
          assessment activities and efforts to re-
          place or restore damaged natural re-
          sources;
           (ix) Details of any threat abatement
          action taken under CERCLA or under
          section 311(c) or (d) of the CWA;
           (x)  Treatment/disposal/alternative
          technology  approaches  pursued  and
          followed; and
           (xi)  Public information/community
          relations activities.
           (2) Effectiveness of  removal actions
          taken by:
           (i) The responsible party(ies);
           (ii) State and local forces;
           (iii)  Federal  agencies and special
          teams; and
           (iv) Contractors, private groups, and
          volunteers, if applicable.
           (3) Difficulties Encountered—A list
          of  items that affected  the response,
          with particular attention  to  issues of
          intergovernmental coordination.
           (4)   Recommendations—OSC/RPM
          recommendations, including at a mini-
          mum:
           (i) Means to prevent a recurrence of
          the discharge or release;
           (ii)  Improvement of  response  ac-
          tions; and
           (iii)  Any  recommended  changes in
          the NCP, RCP, OSC contingency plan,
          and, as  appropriate, plans developed
          under section 303 of SARA and other
          local emergency response plans.

          § 300.170   Federal agency participation.
           Federal agencies listed in  § 300.175
          have duties established by statute, ex-
          ecutive order, or Presidential directive
          which may apply to federal  response
          actions following, or in prevention of,
          the discharge of oil or release of a haz-
          ardous substance,  pollutant, or con-
          taminant. Some of these agencies  also
          have duties relating to the rehabilita-
          tion, restoration, or  replacement of
          natural  resources injured or lost as a
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              §300.175
                 40 CFR Ch. I (7-1-91 Edition)
              result of such discharge or release as
              described  in  subpart  G  of this part.
              The NRT and RRT organizational
              structure, and  the NCP, federal re-
              gional contingency plans (RCPs), and
              OSC contingency plans, described in
              § 300.210,  provide for agencies to co-
              ordinate with each other in  carrying
              out these duties.
               (a) Federal agencies may be called
              upon  by  an  OSC/RPM during  re-
              sponse planning and  implementation
              to  provide assistance  in  their respec-
              tive areas of expertise, as described in
              § 300.175, consistent with the agencies'
              capabilities and authorities.
               (b) In addition to their general re-
              sponsibilities, federal agencies should:
               (1)  Make  necessary  information
              available to the Secretary of the NRT,
              RRTs, and OSCs/RPMs.
               (2) Provide  representatives  to  the
              NRT and RRTs and  otherwise assist
              RRTs and OSCs, as necessary, in for-
              mulating RCPs and OSC contingency
              plans.
               (3) Inform the NRT and RRTs, con-
              sistent with national security consider-
              ations, of changes in the availability of
              resources  that would  affect the oper-
              ations implemented under the NCP.
               (c) All federal agencies are responsi-
              ble for reporting releases of hazardous
              substances from  facilities  or vessels
              under their jurisdiction or control in
              accordance  with   section   103   of
              CERCLA.
               (d) All federal agencies are  encour-
              aged to report releases of pollutants or
              contaminants or discharges of oil from
              vessels under their jurisdiction or con-
              trol to the NRC.

              §300.175   Federal agencies: additional re-
                 sponsibilities  and assistance.
               (a) During preparedness planning or
              in  an actual response, various federal
              agencies may be called upon to provide
              assistance in their respective  areas of
              expertise,  as indicated  in  paragraph
              (b)  of  this  section,  consistent with
              agency legal authorities  and capabili-
              ties.
               (b) The federal agencies include:
               (1) The  United States  Coast Guard
              (USCG), as provided in  14 U.S.C. 1-3,
              is  an agency in  the  Department  of
              Transportation  (DOT),  except when
              operating  as an agency in the United
        States Navy in time of war. The USCG
        provides the NRT vice chair, co-chairs
        for the standing RRTs, and predesig-
        nated OSCs for the coastal zone, as de-
        scribed in § 300.120(a)(l). The USCG
        maintains continuously manned facili-
        ties which can be used for command,
        control,  and  surveillance  of oil dis-
        charges  and hazardous  substance re-
        leases  occurring in  the coastal  zone.
        The USCG also offers expertise in do-
        mestic and international fields of port
        safety and security, maritime law en-
        forcement,  ship  navigation  and  con-
        struction, and the manning, operation,
        and safety of vessels and marine facili-
        ties. The USCG may enter into a con-
        tract or  cooperative agreement with
        the appropriate state in order to im-
        plement a response action.
          (2)  The Environmental Protection
        Agency (EPA)  chairs the NRT and co-
        chairs, with the USCG, the standing
        RRTs;  provides  predesignated OSCs
        for the inland zone  and RPMs for re-
        medial  actions except  as otherwise
        provided; and  generally provides the
        SSC for responses in the inland zone.
        EPA  provides expertise on  environ-
        mental effects of  oil discharges or re-
        leases of hazardous substances, pollut-
        ants,  or  contaminants,  and  environ-
        mental pollution  control  techniques.
        EPA also provides legal expertise on
        the  interpretation  of  CERCLA  and
        other  environmental statutes.  EPA
        may enter into a contract  or coopera-
        tive  agreement with the appropriate
        state in order to implement a response
        action.
          (3) The Federal Emergency Manage-
        ment Agency (FEMA)  provides  guid-
        ance, policy  and program advice, and
        technical assistance  in hazardous ma-
        terials and radiological emergency pre-
        paredness  activities (planning,  train-
        ing,  and  exercising).  In a response,
        FEMA provides advice  and assistance
        to the lead agency on coordinating re-
        location  assistance and mitigation ef-
        forts with other federal agencies, state
        and local governments, and the private
        sector. FEMA  may  enter into a con-
        tract  or cooperative agreement  with
        the appropriate state or political sub-
        division in order to implement reloca-
        tion  assistance in a response.  In the
        event of  a  hazardous materials inci-
        dent at a major disaster or emergency
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               Environmental Protection Agency
                                    § 300.175
              declared by the President,  the lead
              agency shall coordinate hazardous ma-
              terials response with the Federal Co-
              ordinating Officer (FCO) appointed by
              the President.
                (4)  The  Department  of  Defense
              (DOD) has responsibility  to  take  all
              action necessary with  respect  to  re-
              leases where either the release is on,
              or the sole source  of  the release  is
              from, any  facility or vessel under the
              jurisdiction, custody, or  control  of
              DOD. DOD may also, consistent with
              its operational requirements and upon
              request of the OSC, provide locally de-
              ployed  United  States  Navy  oil spill
              equipment  and provide assistance to
              other federal agencies on request. The
              following two branches of DOD have
              particularly relevant expertise:
                (i) The United States Army Corps of
              Engineers  has  specialized equipment
              and  personnel for maintaining naviga-
              tion channels, for removing navigation
              obstruction, for accomplishing struc-
              tural  repairs,  and  for  performing
              maintenance  to hydropower  electric
              generating  equipment. The Corps can
              also  provide design services,  perform
              construction,  and   provide   contract
              writing and  contract  administrative
              services for other federal agencies.
                (ii) The United States Navy (USN) is
              the  federal agency most knowledgea-
              ble  and experienced in ship  salvage,
              shipboard damage control, and diving.
              The USN  has an extensive array of
              specialized  equipment  and personnel
              available for use in  these areas as well
              as specialized containment, collection,
              and  removal equipment specifically de-
              signed for  salvage-related and open-
              sea pollution incidents.
                (5)  The  Department  of   Energy
              (DOE)  generally provides designated
              OSCs/RPMs that are responsible for
              taking all   response  actions with  re-
              spect to releases where either the  re-
              lease is on, or the sole source of the re-
              lease is  from, any  facility or vessel
              under its jurisdiction, custody, or con-
              trol,  including  vessels  bareboat-char-
              tered and operated. In addition, under
              the  Federal Radiological  Emergency
              Response Plan (FRERP), DOE pro-
              vides advice and assistance to other
              OSCs/RPMs for emergency actions es-
              sential  for  the control  of immediate
              radiological hazards.  Incidents that
        qualify for DOE radiological  advice
        and assistance are those believed to in-
        volve source, by-product, or special nu-
        clear material  or other Ionizing radi-
        ation sources,  including  radium,  and
        other  naturally  occurring   radionu-
        clides, as  well as particle accelerators.
        Assistance is available  through direct
        contact with the appropriate DOE Ra-
        diological   Assistance   Coordinating
        Office.
          (6)  The Department  of Agriculture
        (USDA) has scientific  and  technical
        capability  to  measure, evaluate,  and
        monitor, either on the ground or by
        use of aircraft, situations where natu-
        ral  resources  including  soil,  water.
        wildlife, and vegetation have  been im-
        pacted  by fire,  insects and  diseases,
        floods,  hazardous  substances,  and
        other natural or man-caused emergen-
        cies.  The  USDA may be contacted
        through  Forest  Service  emergency
        staff  officers  who are  the designated
        members of the RRT. Agencies within
        USDA have relevant capabilities and
        expertise as follows:
          (i) The  Forest Service has  responsi-
        bility for  protection and  management
        of national  forests and  national grass-
        lands. The Forest Service has person-
        nel, laboratory, and field capability  to
        measure,  evaluate, monitor, and  con-
        trol as needed, releases of pesticides
        and other  hazardous  substances on
        lands under its jurisdiction.
          (ii)  The Agriculture Research Serv-
        ice (ARS) administers an applied and
        developmental  research  program  in
        animal  and plant protection  and  pro-
        duction; the use and improvement  of
        soil, water, and  air; the processing,
        storage, and distribution of farm prod-
        ucts;  and  human nutrition. The ARS
        has the capabilities to  provide regula-
        tion of, and evaluation and  training-
        for, employees  exposed to biological,
        chemical,  radiological,  and industrial
        hazards. In emergency  situations, the
        ARS  can  identify, control, and abate
        pollution  in  the areas  of  air,  soil,
        wastes, pesticides, radiation, and toxic
        substances for ARS facilities.
          (iii) The Soil Conservation Service
        (SCS) has personnel in nearly every
        county  in the nation who are knowl-
        edgeable in soil, agronomy, engineer-
        ing, and biology. These personnel can
        help to predict the effects of pollut-
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                §300.175
                   40 CFR Ch. I (7-1-91 Edition)
                ants on soil and their movements over
                and  through soils. Technical special-
                ists can assist in identifying  potential
                hazardous  waste  sites  and  provide
                review and advice on plans for remedi-
                al measures.
                 (iv) The  Animal and Plant Health
                Inspection  Service (APHIS)  can re-
                spond  in an  emergency  to  regulate
                movement  of diseased or infected or-
                ganisms  to prevent  the  spread and
                contamination of nonaffected areas.
                 (v) The Food Safety and Inspection
                Service (PSIS)  has responsibility  to
                prevent  meat  and poultry  products
                contaminated   with   harmful   sub-
                stances from  entering human  food
                channels. In emergencies, the  FSIS
                works  with other  federal and state
                agencies to establish  acceptability for
                slaughter of exposed or potentially ex-
                posed animals and their products.  In
                addition they are charged with manag-
                ing the Federal Radiological Emergen-
                cy  Response Program for the USDA.
                 (7) The Department of Commerce
                (DOC), through NOAA, provides sci-
                entific support for response  and con-
                tingency  planning  in  coastal  and
                marine areas, including assessments of
                the hazards that may be involved, pre-
                dictions of movement and dispersion
                of   oil   and  hazardous   substances
                through trajectory modeling, and in-
                formation on the sensitivity of coastal
                environments  to  oil  and hazardous
                substances;  provides   expertise  on
                living marine resources and their habi-
                tats,   including  endangered   species,
                marine mammals and National Marine
                Sanctuary ecosystems; provides infor-
                mation on actual and predicted mete-
                orological,   hydrological,   ice,   and
                oceanographic conditions  for marine,
                coastal, and inland waters,  and tide
                and  circulation  data  for  coastal and
                territorial waters  and for the Great
                Lakes.
                 (8) The Department of  Health and
                Human Services (HHS) is responsible
                for providing assistance on matters re-
                lated to the assessment of health haz-
                ards  at a response, and protection of
                both response workers and the public's
                health.  HHS is  delegated authorities
                under section 104(b) of CERCLA relat-
                ing to a determination that illness, dis-
                ease, or complaints thereof may be at-
                tributable to exposure to a hazardous
          substance, pollutant, or contaminant.
          HHS programs  and services may be
          carried out through grants,  contracts,
          or cooperative agreements. The basic
          research programs shall be coordinat-
          ed with the Superfund research, dem-
          onstration, and  development program
          conducted by EPA and DOD through
          the   mechanisms  provided  for   in
          CERCLA. Agencies within HHS have
          relevant   responsibilities,  capabilities,
          and expertise as follows:
            (i) The Agency for Toxic Substances
          and Disease Registry (ATSDR), under
          section 104(i) of CERCLA, is required
          to:  Establish appropriate disease/ex-
          posure registries; provide medical care
          and  testing of exposed individuals in
          cases of public health emergencies; de-
          velop, maintain, and provide informa-
          tion on  health  effects of toxic  sub-
          stances;  maintain a list of  areas re-
          stricted or closed because of  toxic sub-
          stances  contamination;  conduct  re-
          search to determine relationships be-
          tween exposure  to  toxic substances
          and   illness;  conduct  health  assess-
          ments at  all NPL sites; conduct a
          health assessment in response to a pe-
          tition or provide a written explanation
          why an  assessment will not be  con-
          ducted; together with EPA, identify
          the most hazardous substances related
          to CERCLA  sites; together with EPA,
          develop  guidelines for  toxicological
          profiles for hazardous  substances; de-
          velop  a  toxicological  profile for all
          such  substances; and develop  educa-
          tional materials related to health ef-
          fects  of  toxic substances for health
          professionals.
            (ii) The National Institutes for Envi-
          ronmental Health Sciences  (NIEHS)
          has  been  given the  responsibilities
          under section 311(a) of CERCLA, to
          conduct and support programs of basic
          research,  development, and  demon-
          stration;  and to establish short course
          and  continuing  education programs,
          and graduate or advanced training. In
          addition, section 126(g) of SARA au-
          thorizes  NIEHS to  administer grants
          for training and education of workers
          who  are  or may be engaged in activi-
          ties related to hazardous waste remov-
          al,  containment, or  emergency  re-
          sponses.
            (9) The Department of the Interior
          (DOI) may be contacted through Re-
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                Environmental Protection Agency
                                     §300.175
                gional     Environmental     Officers
                (REOs), who are the designated mem-
                bers of RRTs. Department land man-
                agers have  jurisdiction over the na-
                tional park  system,  national wildlife
                refuges and fish hatcheries, the public
                lands, and certain water  projects  in
                western states. In addition, bureaus
                and offices have relevant expertise  as
                follows:
                  (i) Fish  and Wildlife Service: Anad-
                romous  and certain  other  fishes and
                wildlife,  including   endangered  and
                threatened  species,  migratory  birds,
                and certain  marine mammals; waters
                and wetlands; contaminants affecting
                habitat  resources;  and laboratory re-
                search facilities.
                  (ii) Geological Survey: Geology, hy-
                drology  (ground  water and surface
                water), and natural hazards.
                  (iii) Bureau of  Land Management:
                Minerals,  soils, vegetation,  wildlife,
                habitat, archaeology, and wilderness;
                and hazardous materials.
                  Civ) Minerals Management Service:
                Manned facilities for Outer  Continen-
                tal Shelf (OCS) oversight.
                  (v) Bureau of Mines: Analysis and
                identification of inorganic hazardous
                substances and technical expertise  in
                metals and metallurgy relevant  to site
                cleanup.
                  (vi) Office of Surface Mining: Coal
                mine wastes  and land reclamation.
                  (vii) National Park Service: Biologi-
                cal  and  general  natural  resources
                expert personnel at park units.
                  (viii) Bureau  of Reclamation: Oper-
                ation  and  maintenance   of  water
                projects in the West; engineering and
                hydrology; and reservoirs.
                  (ix) Bureau of  Indian Affairs: Co-
                ordination  of  activities   affecting
                Indian lands; assistance in identifying
                Indian tribal government officials.
                  (x) Office  of Territorial  Affairs: As-
                sistance in implementing the NCP  in
                American  Samoa, Guam,  the Pacific
                Island  Governments,  the  Northern
                Mariana Islands,  and  the Virgin Is-
                lands.
                  (10)  The  Department  of  Justice
                (DOJ)  can provide expert advice on
                complicated   legal questions  arising
                from discharges or releases, and feder-
                al agency responses. In addition, the
                DOJ represents the  federal govern-
                ment, including its agencies, in litiga-
          tion relating to such discharges or re-
          leases.
            (11)  The  Department  of   Labor
          (DOL),   through  the   Occupational
          Safety  and  Health  Administration
          (OSHA) and the states operating plans
          approved under section 18 of the Oc-
          cupational  Safety and Health  Act  of
          1970 (OSH Act), has authority  to con-
          duct safety and health inspections of
          hazardous  waste sites to assure that
          employees  are being protected and to
          determine  if the site is in  compliance
          with:
            (i) Safety and health standards and
          regulations promulgated by OSHA (or
          the states) in accordance with  section
          126 of SARA and all other applicable
          standards; and
            (ii) Regulations promulgated under
          the  OSH  Act  and  its  general  duty
          clause. OSHA inspections may  be self-
          generated,  consistent with its program
          operations  and objectives,  or may  be
          conducted  in  response to  requests
          from EPA  or  another  lead  agency.
          OSHA may also conduct inspections in
          response  to accidents  or employee
          complaints. OSHA may also conduct
          inspections at hazardous waste  sites in
          those states with approved plans that
          choose not to  exercise  their jurisdic-
          tion to inspect  such sites. On request,
          OSHA will provide advice  and  assist-
          ance  to  EPA  and other  NRT/RRT
          agencies  as well as to the  OSC/RPM
          regarding hazards to persons engaged
          in response activities. Technical assist-
          ance may include review of site safety
          plans and  work  practices, assistance
          with  exposure  monitoring, and help
          with   other  compliance  questions.
          OSHA may also take any other action
          necessary to assure that employees are
          properly protected at such  response
          activities. Any questions about occupa-
          tional safety and health at these sites
          should be  referred to the  OSHA Re-
          gional Office.
            (12) The  Department of Transporta-
          tion (DOT) provides response exper-
          tise pertaining to transportation of oil
          or hazardous substances by all modes
          of transportation. Through  the Re-
          search and Special Programs Adminis-
          tration (RSPA). DOT offers expertise
          in the  requirements for  packaging.
          handling, and transporting regulated
          hazardous materials.
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              §300.180
                40 CFR Ch. I (7-1-91 Edition)
                (13) The Department of State (DOS)
              will lead in the development of inter-
              national  joint  contingency plans. It
              will also help to coordinate an interna-
              tional response when discharges or re-
              leases cross international  boundaries
              or involve foreign flag vessels. Addi-
              tionally, DOS will coordinate requests
              for assistance  from  foreign  govern-
              ments and U.S. proposals for conduct-
              ing research at incidents that occur in
              waters of other countries.
                (14) The Nuclear  Regulatory Com-
              mission  will respond, as appropriate,
              to releases of radioactive materials by
              its licensees,  in accordance with  the
              NRC    Incident    Response   Plan
              (NUREG-0728) to monitor the actions
              of those licensees and assure that the
              public  health  and  environment  are
              protected and adequate recovery oper-
              ations  are  instituted.  The  Nuclear
              Regulatory Commission will keep EPA
              informed of any significant actual or
              potential releases  in accordance with
              procedural  agreements.  In addition,
              the Nuclear  Regulatory  Commission
              will provide advice to the  OSC/RPM
              when assistance is required in identify-
              ing the source and character of other
              hazardous  substance releases where
              the Nuclear  Regulatory  Commission
              has licensing authority  for activities
              utilizing radioactive materials.
                (15) The  National  Response  Center
              (NRC),  located at USCG Headquar-
              ters,  is  the  national communications
              center, continuously  manned for han-
              dling activities related to response ac-
              tions. The NRC acts  as the single fed-
              eral point of  contact for all pollution
              incident reporting and as the NRT
              communications  center.   These  re-
              sponse actions include: Oil and hazard-
              ous substances, radiological, biological,
              etiological,  surety  materials,  muni-
              tions, and fuels. Notice of discharges
              must be made telephonically through
              a toll free  number or a special local
              number   (Telecommunication   Device
              for the  Deaf (TDD) and collect calls
              accepted.) The telephone report is dis-
              tributed  to   any   interested  NRT
              member agency or federal  entity that
              has established a written agreement or
              understanding with  the NRC.  Each
              telephone notice is magnetically voice
              recorded and manually entered into an
              on-line computer data base. The NRC
       tracks medium, major, and potential,
       major  spills  and  provides  incident
       summaries  to all NRT members and
       other interested  parties.  The  NRC
       evaluates incoming  information and
       immediately advises FEMA of a poten-
       tial major disaster or evacuations situ-
       ation. The NRC provides facilities for
       the NRT to use in coordinating a na-
       tional response  action, when required;
       assists in arrangements for regular as
       well  as special NRT meetings and
       maintains  information on the  time
       and place of such meetings; and sends
       representatives  to RRT meetings  as
       appropriate. The  NRC is  available to
       assist all NRT agencies as needed.

       § 300.180 State and local participation in
           response.
         (a)  Each state governor  is requested
       to  designate  one  state  office/repre-
       sentative to represent the state on the
       appropriate RRT. The state's office/
       representative may participate fully in
       all activities of  the  appropriate RRT.
       Each state  governor is also requested
       to designate a lead  state agency that
       will direct  state-lead  response  oper-
       ations. This agency  is responsible for
       designating the OSC/RPM for  state-
       lead   response   actions,  designating
       SACs for federal-lead response actions,
       and coordinating/communicating with
       any other state agencies, as appropri-
       ate. Local governments are invited to
       participate  in activities on the  appro-
       priate RRT as may be provided by
       state  law or arranged by  the  state's
       representative.  Indian tribes wishing
       to  participate   should  assign  one
       person or office to represent the tribal
       government on the appropriate RRT.
         (b)  In addition to meeting the re-
       quirements  for  local emergency  plans
       under SARA section  303, state and
       local  government agencies are encour-
       aged  to include contingency planning
       for responses, consistent with the NCP
       and  the RCP,  in all emergency and
       disaster planning.
         (c) For facilities not addressed under
       CERCLA, states are encouraged to un-
       dertake response actions themselves or
       to use their authorities to  compel po-
       tentially responsible  parties to under-
       take response actions.
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                Environmental Protection Agency
                           §300.205
                  (d)  States  are  encouraged to enter
                into cooperative agreements pursuant
                to  section  104(c)(3)   and  (d)  of
                CERCLA to enable them to undertake
                actions  authorized under subparts D
                and E of the NCP. Requirements for
                entering into these agreements are in-
                cluded in  subpart F of the NCP. A
                state  agency that  acts pursuant to
                such  agreements is referred to as the
                lead agency.  In the event there is no
                cooperative   agreement,   the   lead
                agency can be designated in a SMOA
                or other agreement.
                  (e)  Because  state and local public
                safety organizations would  normally
                be  the  first  government representa-
                tives at the scene  of a discharge or re-
                lease, they are  expected  to initiate
                public safety measures that are neces-
                sary to protect public health and wel-
                fare and that are  consistent with con-
                tainment and cleanup requirements in
                the NCP, and are responsible for di-
                recting evacuations pursuant to exist-
                ing state or local procedures.

                § 300.185  Nongovernmental participation.
                  Ca)  Industry  groups, academic orga-
                nizations, and  others are encouraged
                to commit resources for response oper-
                ations. Specific commitments  should
                be listed in the RCP and OSC contin-
                gency plans.
                  (b)  The  technical and scientific in-
                formation generated by the local com-
                munity, along  with information from
                federal, state, and local governments,
                should be  used  to assist  the  OSC/
                RPM in devising response strategies
                where effective  standard  techniques
                are unavailable. The SSC may act as
                liaison between  the OSC/RPM  and
                such interested organizations.
                  (c) OSC  contingency  plans shall es-
                tablish procedures to allow for well or-
                ganized,  worthwhile, and safe use of
                volunteers, including compliance with
                § 300.150 regarding worker health and
                safety. OSC contingency plans should
                provide for the direction of  volunteers
                by the OSC/RPM or by other federal,
                state, or local  officials  knowledgeable
                in contingency operations and capable
                of providing leadership. OSC contin-
                gency plans  also should identify spe-
                cific areas  in which volunteers can be
                used, such  as beach surveillance, logis-
                tical  support,  and  bird and wildlife
treatment. Unless specifically request-
ed by the OSC/RPM, volunteers gen-
erally should not be used for physical
removal  or remedial activities.  If,  in
the judgment of the OSC/RPM, dan-
gerous  conditions   exist,  volunteers
shall be restricted from on-scene oper-
ations.
  (d)  Nongovernmental  participation
must  be in compliance  with  the re-
quirements of subpart H of this part if
any recovery of costs will be sought.

      Subpart C—Planning and
            Preparedness

  SOURCE: 55 PR 8835,  Mar. 8. 1990. unless
otherwise noted.

§ 300.200  General.
  This subpart summarizes emergency
preparedness activities relating to dis-
charges of oil and releases of hazard-
ous substances, pollutants, or contami-
nants; describes the federal, state, and
local  planning structure;  provides for
three  levels  of  federal  contingency
plans; and cross-references state and
local  emergency  preparedness activi-
ties under SARA Title  III, also known
as the "Emergency Planning and Com-
munity Right-to-Know Act of  1986"
but referred to herein  as "Title III."
Regulations  implementing  Title III
are codified at 40 CFR subchapter J.

§300.205  Planning    and   coordination
   structure.
  (a)   National   As   described  in
§ 300.110, the NRT  is  responsible for
national planning and coordination.
  (b)   Regional   As   described  in
§ 300.115, the  RRTs are responsible
for regional planning  and coordina-
tion.
  (c) State. As provided by sections 301
and 303 of SARA, the state emergency
response commission (SERC)  of  each
state, appointed by the Governor, is to
designate  emergency   planning  dis-
tricts, appoint local emergency plan-
ning  committees (LEPCs). supervise
and  coordinate their  activities, and
review local emergency response plans,
which are  described in  § 300.215. The
SERC also is to establish procedures
for receiving and processing requests
from the public for information gencr-
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               §300.210
         40 CFR Ch. I (7-1-91 Edition)
               ated by  Title  III reporting  require-
               ments  and to designate an official to
               serve as coordinator for information.
                 (d) Local. As provided by  sections
               301 and 303 of SARA, emergency plan-
               ning districts  are designated by  the
               SERC  in order  to facilitate the prepa-
               ration  and implementation  of emer-
               gency plans. Each LEPC is to prepare
               a local emergency response  plan for
               the emergency planning  district and
               establish procedures  for receiving and
               processing requests  from  the public
               for information generated by Title III
               reporting requirements. The LEPC is
               to appoint a chair and establish rules
               for the LEPC. The LEPC is to desig-
               nate an official to serve as coordinator
               for information.

               § 300.210  Federal contingency plans.
                 There are three levels of federal con-
               tingency  plans: The  National Contin-
               gency Plan, regional contingency plans
               (RCPs), and OSC contingency plans.
               These  plans are available  for inspec-
               tion at EPA regional offices or USCG
               district offices.  Addresses  and  tele-
               phone  numbers for these offices  may
               be found in the United States Govern-
               ment Manual, issued annually, or in
               local telephone directories.
                 (a) The  National Contingency Plan.
               The purpose and objectives, authority,
               and scope of the NCP are described in
               §§300.1 through 300.3.
                 (b) Regional contingency plans. The
               RRTs, working with the states, shall
               develop federal RCPs for each stand-
               ard federal region, Alaska, Oceania in
               the Pacific, and the  Caribbean to co-
               ordinate  timely, effective response  by
               various federal  agencies and  other or-
               ganizations to discharges of  oil or re-
               leases of  hazardous substances, pollut-
               ants, or contaminants. RCPs shall, as
               appropriate, include  information  on
               all  useful facilities and  resources  in
               the region, from government, commer-
               cial, academic,  and  other sources. To
               the  greatest extent  possible, RCPs
               shall follow the  format  of the NCP
               and coordinate with state emergency
               response   plans,   OSC   contingency
               plans,   which    are   described    in
               § 300.210(0, and Title III local emer-
               gency  response plans, which are de-
               scribed in § 300.215. Such coordination
               should be accomplished  by  working
with the SERCs in the region covered
by the RCP. RCPs shall contain lines
of demarcation between  the inland
and coastal zones, as mutually agreed
upon by USCG and EPA.
  (c)(l)  OSC contingency plans.  In
order to  provide for a coordinated, ef-
fective  federal, state,  and  local  re-
sponse,  each  OSC,  in  consultation
with the RRT. may  develop an OSC
contingency  plan  for response in the
OSC area  of responsibility. OSC con-
tingency plans shall be developed in
all areas in the coastal zone, because
OSCs in  the coastal zone have respon-
sibility for discharges and releases off-
shore, which often exceed the jurisdic-
tion and capabilities of other respond-
ers. Boundaries for OSC contingency
plans shall coincide with those agreed
upon  among EPA, USCG, DOE,  and
DOD,  subject  to  functions  and au-
thorities delegated in Executive Order
12580,  to determine OSC  areas of re-
sponsibility and should be  clearly indi-
cated  in  the  RCP.  Jurisdictional
boundaries of  local emergency plan-
ning districts established by states, de-
scribed in  § 300.205(c), shall, as appro-
priate, be  considered in  determining
OSC areas  of responsibility. OSC areas
of responsibility  may include several
such  local emergency planning  dis-
tricts, or parts  of such districts. In de-
veloping the OSC contingency plan,
OSCs  shall  coordinate with  SERCs
and LEPCs affected by the OSC area
of responsibility.
  (2) The OSC contingency plan shall
provide  for a well-coordinated   re-
sponse that is integrated and compati-
ble with all appropriate response plans
of state, local, and other nonfederal
entities,  and especially with Title III
local  emergency  response plans, de-
scribed  in  § 300.215, or in  the  OSC
area of responsibility. The OSC con-
tingency plan  shall, as  appropriate,
identify the probable locations of dis-
charges or releases; the available re-
sources to respond to multi-media inci-
dents; where such resources can be ob-
tained; waste disposal methods and fa-
cilities consistent with local and state
plans developed under the Solid Waste
Disposal  Act, 42  U.S.C. 6901 et seq.;
and a local structure for responding to
discharges  or releases.
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                 Environmental Protection Agency
                                      § 300.215
                 §300.215  Title  III  local emergency re-
                    sponse plans.
                   This section describes and cross-ref-
                 erences the  regulations  that  imple-
                 ment Title  III of SARA. These regula-
                 tions are codified at 40 CFR part 355.
                   (a)  Each  LEPC  is  to  prepare an
                 emergency  response  plan in  accord-
                 ance with section  303 of  SARA Title
                 III and review the  plan once a year, or
                 more frequently  as changed  circum-
                 stances in  the community or at any
                 subject facility may  require.  Such
                 Title III  local emergency  response
                 plans should  be   closely  coordinated
                 with applicable federal OSC contin-
                 gency plans and state emergency re-
                 sponse plans.
                   (b) A facility, as defined in 40 CFR
                 part 355, is subject to  emergency plan-
                 ning  requirements if an extremely
                 hazardous substance,  as defined in 40
                 CFR part 355, is present at the facility
                 in an amount  equal to or  in excess of
                 the threshold planning quantity estab-
                 lished for such substance.  In addition,
                 for  the purposes  of emergency  plan-
                 ning, a Governor or SERC may desig-
                 nate additional facilities that shall be
                 subject to  planning requirements, if
                 such designation is made  after public
                 notice  and  opportunity for comment.
                 EPA may revise the list of extremely
                 hazardous  substances  and threshold
                 planning quantities,  taking  into  ac-
                 count the toxicity, reactivity, volatili-
                 ty,  dispersability,   combustibility, or
                 flammability of a substance. Facility
                 owners or operators are to name a fa-
                 cility representative who  will partici-
                 pate in the  planning process as a facili-
                 ty emergency coordinator.
                   (c) In accordance with section 303 of
                 SARA, each local emergency response
                 plan is to include, but  is not limited to,
                 the following:
                   (1) Identification of  facilities subject
                 to Title  III emergency planning re-
                 quirements that are within the emer-
                 gency planning district; routes likely
                 to be used for the transportation of
                 substances  on  the list of extremely
                 hazardous  substances; and any  addi-
                 tional facilities, such as  hospitals or
                 natural gas facilities, contributing or
                 subjected  to additional  risk  due to
                 their proximity to facilities subject to
                 Title III  emergency planning require-
                 ments;
             (2) Methods  and procedures  to  be
           followed by facility owners and opera-
           tors and local emergency and medical
           personnel to respond to any release, as
           defined in  40  CFR part 355, of ex-
           tremely hazardous substances;
             (3)  Designation  of a community
           emergency coordinator and a facility
           emergency coordinator for each facili-
           ty subject to Title III emergency plan-
           ning requirements, who will make de-
           terminations necessary to implement
           the emergency response plan;
             (4) Procedures providing reliable,  ef-
           fective, and timely notification by the
           facility emergency coordinators and
           the community emergency coordinator
           to persons designated in  the emergen-
           cy response plan, and to the public,
           that a release has occurred;
             (5) Methods for determining the oc-
           currence of a release and the area or
           population  likely to  be  affected  by
           such a release;
             (6)  A  description  of  emergency
           equipment and facilities  in the com-
           munity and at each  facility  in the
           community subject to Title III emer-
           gency  planning requirements,  includ-
           ing an identification of the persons  re-
           sponsible for such equipment and  fa-
           cilities;
             (7) Evacuation  plans, including pro-
           visions  for precautionary evacuation
           and alternative traffic routes;
             (8)  Training  programs,  including
           schedules for  training of local  emer-
           gency response and medical personnel;
           and
             (9) Methods and schedules for exer-
           cising the emergency response plan.
             (d) In accordance with section  303 of
           SARA, the SERC of each state is  to
           review the emergency response plan
           developed by the LEPC of each emer-
           gency planning district and make rec-
           ommendations  to  the LEPC on revi-
           sions that may be necessary to ensure
           coordination of the plan with  emer-
           gency response plans  of  other  emer-
           gency  planning districts. RRTs may
           review  a  local emergency response
           plan at the request of the LEPC. This
           request should  be made by the LEPC,
           through the SERC and the state rep-
           resentative on the RRT.
             (e) Title III establishes reporting re-
           quirements that provide  useful  infor-
           mation in developing emergency plans.
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             § 300.220
                 40 CFR Ch. I (7-1-91  Edition)
               (1) Upon request from the LEPC, fa-
             cility owners or operators shall  pro-
             vide promptly to such LEPC informa-
             tion necessary  for developing and im-
             plementing  the  emergency  response
             plan.
               (2) Facilities required to prepare or
             have available a material  safety data
             sheet (MSDS) for a hazardous chemi-
             cal,  as  defined  in 40 CFR part  370,
             under  the  Occupational Safety  and
             Health  Act of 1970,  29 U.S.C. 651 et
             seq..  and  regulations  promulgated
             under that  Act, shall submit a MSDS
             for each hazardous chemical or a list
             of hazardous chemicals to the appro-
             priate SERC, LEPC,  and local fire de-
             partment in accordance with 40 CFR
             part 370.
               (3) Facilities subject to the require-
             ments of paragraph (e)(2) of this sec-
             tion shall  also submit  an inventory
             form  to the SERC, LEPC, and  the
             local fire department, which contains
             an estimate of the maximum amount
             of hazardous chemicals present at the
             facility  during the preceding year, an
             estimate of the average daily amount
             of hazardous chemicals at the facility,
             and  the location  of  these hazardous
             chemicals at the facility, in accordance
             with 40  CFR part 370.
               (4) Certain facilities with 10 or more
             employees  and which  manufacture,
             process, or use a toxic chemical, as de-
             fined in 40  CFR part 372, in excess of
             a statutorily prescribed quantity, shall
             submit  annual  information  on  the
             chemical and releases of the chemical
             into the environment to EPA and the
             state in accordance with 40 CFR part
             372.
               (f) Immediately  after a release of an
             extremely  hazardous substance,  or a
             hazardous substance subject to the no-
             tification requirements of CERCLA
             section  103(a),  the owner or operator
             of a facility, as defined in 40 CFR part
             355, shall notify the community emer-
             gency coordinator for the appropriate
             LEPC and  the appropriate SERC in
             accordance  with 40 CFR part 355. As
             soon as practicable after such a release
             has occurred, the facility owner or op-
             erator shall provide a written follow-
             up  emergency notice,  or notices,  if
             more information becomes available,
             setting forth and  updating the  infor-
             mation contained in the initial release
        notification and  including additional
        information with respect to  response
        actions  taken, health risks associated
        with the release, and, where appropri-
        ate, advice regarding medical attention
        necessary for exposed individuals. For
        releases of hazardous substances sub-
        ject  to  the notification  requirements
        of CERCLA section  103(a), immediate
        notification must also be made to the
        NRC, as provided in § 300.405(b).
          (g) Title III requires public access to
        information submitted pursuant to its
        reporting requirements. Each  emer-
        gency response plan, MSDS, inventory
        form, toxic chemical release form, and
        follow-up emergency release notifica-
        tion  is to be made available to the gen-
        eral  public during  normal  working
        hours at the location(s) designated by
        the  EPA Administrator,  Governor,
        SERC, or LEPC, as appropriate.

        § 300.220  Related Title III issues.
          Other related Title III requirements
        are found in 40 CFR  part 355.

          Subpart D—Operational Response
               Phases for Oil Removal

         SOURCE: 55 PR 8837.  Mar. 8, 1990, unless
        otherwise noted.

        §300.300  Phase I—Discovery or notifica-
           tion.
          (a) A discharge of oil may be discov-
        ered through:
          (DA report submitted by the person
        in charge of a vessel or facility, in ac-
        cordance with statutory requirements;
          (2) Deliberate search by patrols;
          (3)  Random or  incidental observa-
        tion  by  government agencies  or the
        public; or
          (4) Other sources.
          (b) Any person in charge of a vessel
        or a facility shall, as  soon as he or she
        has knowledge of any discharge  from
        such vessel  or facility  in violation of
        section  311(b)(3)  of  the  Clean Water
        Act,  immediately notify  the  NRC. If
        direct reporting to  the  NRC  is not
        practicable,  reports  may be  made  to
        the USCG or EPA predesignated OSC
        for the geographic area where the dis-
        charge occurs. The EPA predesignated
        OSC may also be contacted through
        the  regional 24-hour  emergency re-
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              Environmental Protection Agency
                                   § 300.315
              sponse telephone number. All such re-
              ports shall be promptly relayed to the
              NRC. If it is not possible to notify the
              NRC or  predesignated  OSC immedi-
              ately, reports may be made immediate-
              ly to the nearest Coast Guard unit. In
              any event such person in charge of the
              vessel or facility shall notify the NRC
              as soon as possible.
                (c) Any other person shall, as appro-
              priate, notify the NRC of a discharge
              of oil.
                (d) Upon receipt of a notification of
              discharge, the  NRC shall  promptly
              notify  the OSC. The OSC shall pro-
              ceed with the following phases as out-
              lined in the RCP and OSC contingen-
              cy plan.

              § 300.305  Phase  II—Preliminary  assess-
                 ment and initiation of action.
                (a)  The  OSC  is  responsible for
              promptly initiating a preliminary as-
              sessment.
                (b) The preliminary assessment shall
              be conducted using available informa-
              tion,  supplemented  where  necessary
              and possible by an on-scene inspection.
              The OSC shall undertake actions to:
                (1) Evaluate the magnitude  and se-
              verity  of the discharge  or  threat to
              public  health or welfare or the envi-
              ronment;
                (2) Assess the feasibility of removal;
                (3) To the extent practicable, identi-
              fy potentially responsible parties; and
                (4) Ensure that authority  exists for
              undertaking additional  response  ac-
              tions.
                (c) The OSC, in consultation with
              legal  authorities  when  appropriate,
              shall make a reasonable effort  to have
              the   discharger   voluntarily   and
              promptly perform  removal actions.
              The  OSC shall  ensure  adequate sur-
              veillance over whatever actions are ini-
              tiated. If effective  actions are not
              being taken to eliminate the threat, or
              if removal is not being properly done,
              the OSC shall, to the extent practica-
              ble under the circumstances, so advise
              the responsible  party. If the responsi-
              ble party does not take proper removal
              actions, or is unknown, or is otherwise
              unavailable,  the OSC shall, pursuant
              to section 311(c)(l) of the CWA. deter-
              mine whether authority  for a federal
              response exists, and, if so, take appro-
              priate response  actions. Where  practi-
        cable,  continuing efforts  should  be
        made to  encourage response  by  re-
        sponsible parties.
          (d) If natural resources are or may
        be injured by the discharge, the OSC
        shall  ensure  that  state and federal
        trustees of affected natural  resources
        are promptly notified  in  order that
        the trustees  may initiate appropriate
        actions, including those identified in
        subpart G. The OSC shall seek to  co-
        ordinate assessments, evaluations,  in-
        vestigations,  and planning with state
        and federal trustees.

        § 300.310  Phase III—Containment,  coun-
           termeasures, cleanup, and disposal.
          (a) Defensive actions shall begin as
        soon as possible to prevent, minimize,
        or mitigate threat(s) to public health
        or welfare or the environment. Actions
        may include but are not  limited  to:
        Analyzing water samples to determine
        the source and spread of the oil; con-
        trolling the source of discharge; meas-
        uring and sampling; source and spread
        control  or salvage operations;  place-
        ment of physical barriers to  deter the
        spread of the oil and to protect natu-
        ral resources; control of the water dis-
        charged from upstream impoundment;
        and  the use of chemicals and other
        materials in accordance with subpart J
        of this part to restrain the spread of
        the oil and mitigate its effects.
          (b) As appropriate, actions shall be
        taken to recover the oil or mitigate its
        effects.  Of the numerous chemical or
        physical methods that may be used,
        the chosen methods shall be the most
        consistent   with  protecting   public
        health and  welfare  and the environ-
        ment.  Sinking  agents  shall not  be
        used.
          (c) Oil and contaminated  materials
        recovered in  cleanup operations shall
        be disposed of in accordance with the
        RCP and OSC contingency  plan and
        any applicable laws,  regulations, or re-
        quirements.

        §300.315  Phase IV—Documentation  and
           cost recovery.
          (a) Documentation shall be collected
        and maintained to support all actions
        taken under the CWA and to form the
        basis  for  cost  recovery.  Whenever
        practicable,   documentation  shall  be
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                 § 300.320
                   40 CFR Ch. I (7-1-91 Edition)
                sufficient to prove the source and cir-
                cumstances  of  the incident, the re-
                sponsible party or parties, and impact
                and potential impacts to public health
                and  welfare and the environment.
                When   appropriate,   documentation
                shall also be collected for scientific un-
                derstanding  of  the environment and
                for  the  research  and development  of
                improved response methods and tech-
                nology.  Damages  to  private citizens,
                including loss of earnings, are not ad-
                dressed  by the  NCP.  Evidentiary and
                cost  documentation  procedures are
                specified in  the USCG Marine Safety
                Manual   (Commandant   Instruction
                M16000.ll)  and further provisions are
                contained in 33 CFR part 153.
                  (b) OSCs  shall  submit OSC reports
                to the RRT as required by § 300.165.
                  (c) OSCs shall ensure the necessary
                collection and safeguarding of infor-
                mation,  samples, and reports. Samples
                and information shall be gathered ex-
                peditiously   during the response  to
                ensure an accurate record  of the im-
                pacts incurred. Documentation materi-
                als  shall be made available  to the
                trustees  of affected natural resources.
                The  OSC  shall  make available  to
                trustees  of  the affected natural re-
                sources  information  and documenta-
                tion that can assist the trustees in the
                determination  of actual or potential
                natural resource injuries.
                  (d)  Information  and  reports ob-
                tained by the EPA or USCG OSC shall
                be transmitted  to the appropriate of-
                fices responsible for follow-up actions.

                § 300.320  General pattern of response.
                  (a) When  the OSC receives a report
                of   a discharge,  actions   normally
                should be taken  in the following se-
                quence:
                  (1) When  the reported discharge  is
                an actual or potential major discharge,
                immediately notify the RRT, includ-
                ing the  affected state, if appropriate,
                and  the NRC.
                  (2) Investigate the report to  deter-
                mine pertinent information such  as
                the  threat posed to  public health  or
                welfare or the environment, the type
                and  quantity  of polluting material,
                and  the source of the discharge.
                  (3) Officially classify the  size of the
                discharge and determine the course  of
                action to be followed.
            (4) Determine whether a discharger
           or  other person is  properly  carrying
           out removal. Removal is being done
           properly when:
            (i) The cleanup is fully sufficient to
           minimize  or  mitigate   threat(s)   to
           public health and welfare and the en-
           vironment. Removal  efforts  are  im-
           proper to the extent that federal ef-
           forts are  necessary  to minimize fur-
           ther or mitigate those threats; and
            (ii) The removal  efforts are in ac-
           cordance with applicable regulations,
           including the NCP.
            (5) Determine whether  a state or po-
           litical subdivision thereof has the ca-
           pability to carry out response actions
           and whether a contract or cooperative
           agreement has  been established with
           the  appropriate  fund  administrator
           for this purpose.
            (6) Notify the trustees of  affected
           natural resources in accordance with
           the applicable RCP.
            (b)  The preliminary  inquiry  will
           probably show that the situation falls
           into one of four categories. These cate-
           gories and the appropriate response to
           each are outlined below:
            (1) If the investigation shows that
           no discharge occurred, or  it  shows a
           minor  discharge with  no  removal
           action required, the case may be closed
           for response purposes.
            (2)  If  the  investigation shows a
           minor discharge with the responsible
           party taking proper  removal action,
           contact  shall be established with the
           party. The removal action shall, when-
           ever possible, be monitored to ensure
           continued proper action.
            (3)  If  the investigation shows a
           minor discharge with improper remov-
           al  action  being  taken, the following
           measures shall be taken:
            (i) An immediate effort shall, as  ap-
           propriate, be made to stop further pol-
           lution and remove  past  and  ongoing
           contamination,
            (ii) The responsible party  shall be
           advised of what action will be consid-
           ered appropriate,
            (iii) If the responsible party  does not
           properly  respond, the party  shall be
           notified of potential liability for feder-
           al  response  performed   under  the
           CWA. This liability includes  all costs
           of removal and may include the costs
           of assessing and restoring, rehabilitat-
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              Environmental Protection Agency
                                   § 300.335
             ing, replacing, or acquiring the equiva-
             lent of damaged natural resources, and
             other actual or  necessary costs of a
             federal response.
               (iv) The OSC shall notify  appropri-
             ate state and local officials,  keep the
             RRT advised,  and initiate Phase  III
             operations, as described in § 300.310, as
             conditions warrant.
               (v) Information shall be collected for
             possible  recovery of response costs in
             accordance with § 300.315.
               (4)  When  the investigation  shows
             that an actual  or potential medium or
             major oil  discharge exists,  the OSC
             shall  follow  the same general  proce-
             dures as for  a  minor discharge. If  ap-
             propriate,  the  OSC shall  recommend
             activation of the RRT.

             § 300.330  Wildlife conservation.
               The Department of the Interior, De-
             partment of Commerce, and state rep-
             resentatives to the RRT shall arrange
             for the  coordination  of professional
             and volunteer  groups permitted  and
             trained to participate  in wildlife dis-
             persal, collection, cleaning, rehabilita-
             tion, and recovery activities, consistent
             with 16 U.S.C. 703-712 and applicable
             state  laws. The RCP and OSC contin-
             gency plans shall, to the  extent practi-
             cable, identify organizations or institu-
             tions that are permitted  to participate
             in such activities and operate such fa-
             cilities. Wildlife conservation activities
             will normally be  included in Phase III
             response    actions,   described   in
             § 300.310.

             § 300.335  Funding.
               (a) If the person responsible for the
             discharge  does not act promptly or
             take proper removal actions, or if the
             person responsible for  the discharge is
             unknown,  federal  discharge  removal
             actions   may  begin  under  section
             311(c)(l) of the CWA.  The discharger,
             if known, is liable for  costs of federal
             removal  in  accordance  with  section
             311(f) of the CWA and  other federal
             laws.
               (b)  Actions undertaken by  the par-
             ticipating agencies in response to pol-
             lution shall be  carried out under exist-
             ing programs  and  authorities when
             available. Federal agencies will make
             resources available,  expend funds, or
             participate  in  response to  oil  dis-
        charges under their existing authority.
        Authority to  expend resources will be
        in accordance with agencies' basic stat-
        utes and, if  required, through  inter-
        agency agreements.  Where the  OSC
        requests  assistance  from a  federal
        agency, that  agency  may be  reim-
        bursed in accordance with the  provi-
        sions of 33 CFR 153.407. Specific inter-
        agency   reimbursement  agreements
        may be  signed  when necessary  to
        ensure that the  federal resources will
        be available for a timely response to a
        discharge of  oil. The  ultimate  deci-
        sions as to the appropriateness  of ex-
        pending  funds  rest  with  the agency
        that is held accountable for such ex-
        penditures.
          (c) The OSC shall exercise sufficient
        control over removal operations to be
        able to  certify  that  reimbursement
        from the following funds is appropri-
        ate:
          (1) The oil  pollution fund, adminis-
        tered by  the Commandant, USCG,
        that has  been established pursuant to
        section 311(k)  of the  CWA or  any
        other spill response funo. established
        by  Congress. Regulations  governing
        the administration and use of the sec-
        tion 311(k) fund are contained in 33
        CFR part 153.
          (2)  The  fund  authorized  by  the
        Deepwater Port Act is administered by
        the Commandant, USCG. Governing
        regulations are contained  in  33 CFR
        part 137.
          (3)  The  fund  authorized  by  the
        Outer Continental Shelf Lands Act, as
        amended, is administered by the Com-
        mandant,  USCG.  Governing regula-
        tions are contained  in  33 CFR parts
        135 and 136.
          (4)  The  fund  authorized  by  the
        Trans-Alaska  Pipeline  Authorization
        Act  is administered  by  a Board of
        Trustees under the purview of the Sec-
        retary of the  Interior. Governing regu-
        lations are contained in 43 CFR part
        29.
          (d) Response actions other than re-
        moval, such as scientific investigations
        not in support of removal actions or
        law enforcement, shall be provided by
        the agency with legal responsibility
        for those specific actions.
          (e) The funding of a response to a
        discharge from a federally operated or
        supervised facility or vessel is the re-
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                § 300.400
         40 CFR Ch. I (7-1-91 Edition)
                sponsibility of the operating or super-
                vising agency.
                  (f)  The  following  agencies   have
                funds available  for  certain discharge
                removal actions:
                  (1)  EPA may provide funds to begin
                timely discharge removal actions when
                the OSC is an EPA representative.
                  (2)  The USCG pollution control ef-
                forts  are funded  under "operating ex-
                penses." These funds  are used  in ac-
                cordance with agency directives.
                  (3)  The Department of Defense has
                two specific sources of funds that may
                be applicable to an oil discharge  under
                appropriate circumstances.  This does
                not consider military resources that
                might be made available under specific
                conditions.
                  Ci) Funds  required for  removal of  a
                sunken vessel or similar obstruction of
                navigation are available  to  the  Corps
                of Engineers through Civil Works Ap-
                propriations, Operations and Mainte-
                nance, General.
                  (ii)  The U.S. Navy may conduct sal'
                vage operations contingent on defense
                operational    commitments,    when
                funded by the requesting agency. Such
                funding may be requested on a  direct
                cite basis.
                  (4)  Pursuant to section 311(c)(2)(H)
                of the CWA, the state  or states affect-
                ed by a discharge of oil may act where
                necessary to remove  such  discharge
                and may, pursuant  to 33  CFR part
                153, be reimbursed from  the oil  pollu-
                tion fund for the reasonable costs in-
                curred in such a removal.
                  (i) Removal by a state is necessary
                within   the  meaning   of  section
                311(c)(2)(H)  of  the  CWA  when the
                OSC determines that the owner  or op-
                erator of  the vessel, onshore facility,
                or offshore facility  from  which the
                discharge occurs does not  effect re-
                moval properly,  or  is unknown, and
                that:
                  (A)  State action is required to mini-
                mize  or mitigate significant threat(s)
                to the public health  or welfare or the
                environment  that   federal   action
                cannot minimize or mitigate; or
                  (B)  Removal or partial removal can
                be done by the state at a cost that is
                less than or not significantly greater
                than  the cost that would be incurred
                by the federal agencies.
  (ii) State removal actions must be in
compliance with the NCP in order to
qualify for reimbursement.
  (iii) State removal  actions are con-
sidered to be Phase III actions, de-
scribed in § 300.310,  under the same
definitions applicable to federal agen-
cies.
  (iv) Actions taken by local govern-
ments in  support of federal discharge
removal  operations are  considered to
be actions of the state for purposes of
this section.  The RCP  and OSC con-
tingency  plan shall show what funds
and resources are  available from par-
ticipating agencies under various con-
ditions and cost arrangements. Inter-
agency agreements may be necessary
to specify when reimbursement is re-
quired.

  Subpart E—Hazardous Substance
              Response

  SOURCE: 55 FR 8839, Mar. 8, 1990, unless
otherwise noted.

§ 300.400  General.
  (a) This subpart establishes methods
and criteria  for determining  the ap-
propriate  extent of  response  author-
ized by CERCLA:
  (1) When there is a release of a haz-
ardous  substance  into  the  environ-
ment; or
  (2) When there is a release into the
environment  of any pollutant or con-
taminant  that may present an immi-
nent  and substantial  danger  to  the
public health or welfare.
  (b) Limitations on  response.  Unless
the lead agency  determines that a re-
lease constitutes a public health or en-
vironmental emergency and no other
person with the authority and capabil-
ity  to respond will do so in a timely
manner, a removal or remedial action
under  section 104 of CERCLA shall
not be undertaken in response to a re-
lease:
  (1)  Of  a  naturally  occurring  sub-
stance in its unaltered form, or altered
solely  through  naturally  occurring
processes  or phenomena, from  a loca-
tion where it is naturally found;
  (2) From products that are  part of
the structure  of, and result in expo-
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             Environmental Protection Agency
                           § 300.400
            sure  within,  residential  buildings  or
            business or community structures; or
              (3) Into public or private drinking
            water supplies due to deterioration of
            the system through ordinary use.
              (c) Fund-financed  action. In deter-
            mining the need for and in planning or
            undertaking Fund-financed action, the
            lead agency shall, to  the extent practi-
            cable:
              (1) Engage in prompt response;
              (2) Provide  for state participation in
            response  actions,  as  described in sub-
            part F of this part;
              (3)  Conserve Fund monies by  en-
            couraging private party response;
              (4) Be  sensitive to local community
            concerns;
              (5) Consider  using treatment tech-
            nologies;
              (6) Involve the Regional Response
            Team (RRT) in both removal and re-
            medial response actions at appropriate
            decision-making stages;
              (7) Encourage the involvement and
            sharing of technology by industry and
            other experts; and
              (8) Encourage the involvement of or-
            ganizations to  coordinate responsible
            party actions, foster  site response, and
            provide technical advice to the public,
            federal and state governments, and in-
            dustry.
              (d) Entry and  access.  (1) For pur-
            poses of  determining the need for re-
            sponse, or choosing or  taking a re-
            sponse action, or otherwise enforcing
            the provisions  of CERCLA, EPA,  or
            the appropriate federal agency, and a
            state or political subdivision operating
            pursuant to a contract or cooperative
            agreement under  CERCLA  section
            104(d)(l), has the authority to enter
            any vessel, facility,  establishment  or
            other place, property, or location de-
            scribed in paragraph (d)(2) of this sec-
            tion  and conduct, complete, operate,
            and maintain any response actions au-
            thorized by CERCLA or these regula-
            tions.
              (2Xi)  Under  the  authorities  de-
            scribed in paragraph (d)(l) of this sec-
            tion, EPA, or the appropriate federal
            agency, and a state or political subdivi-
            sion operating pursuant to a contract
            or   cooperative   agreement   under
            CERCLA section 104(d)(l), may enter:
              (A)  Any vessel, facility,  establish-
            ment,  or other  place  or property
where any hazardous substance or pol-
lutant or contaminant may be or has
been  generated,  stored, treated, dis-
posed of, or transported from;
  (B)  Any  vessel,  facility, establish-
ment, or other place or property from
which, or to which, a hazardous sub-
stance or pollutant  or contaminant
has been, or may have been,  released
or where such release is  or  may  be
threatened;
  (C)  Any  vessel,  facility, establish-
ment,  or  other place  or  property
where entry is necessary to determine
the need for response or the appropri-
ate response  or  to effectuate a  re-
sponse action; or
  (D)  Any  vessel,  facility, establish-
ment, or other place, property, or loca-
tion adjacent to  those vessels, facili-
ties, establishments, places, or proper-
ties    described     in    paragraphs
(d)(2)(i)(A), (B), or  (C) of this section.
  (ii)  Once  a  determination has been
made that there  is a reasonable basis
to believe that there has been or may
be a release, EPA,  or the appropriate
federal agency, and a state or political
subdivision  operating pursuant  to a
contract  or  cooperative  agreement
under CERCLA  section  104(d)(l),  is
authorized to enter all vessels, facili-
ties, establishments, places, properties,
or  locations  specified  in paragraph
(d)(2)(i)  of this section,  at which the
release is believed to be, and all other
vessels,   facilities,    establishments,
places, properties, or locations identi-
fied in paragraph (d)(2)(i) of this sec-
tion that are  related to the response
or are necessary to enter in responding
to that release.
  (3) The lead agency may designate
as its  representative solely for the pur-
pose of access, among others, one  or
more  potentially responsible parties,
including representatives,  employees,
agents,  and contractors of such par-
ties. EPA, or  the appropriate  federal
agency,  may  exercise  the authority
contained   in   section   104(e)   of
CERCLA to obtain access for its desig-
nated representative. A potentially  re-
sponsible party may only be designat-
ed  as a  representative of the lead
agency where that potentially respon-
sible party has agreed to conduct  re-
sponse activities  pursuant to  an ad-
ministrative order or consent decree.
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                 § 300.400
         40 CFR Ch. I (7-1-91 Edition)
                   (4)(i) If consent is not granted under
                 the authorities described in paragraph
                 CdXl) of this section, or if consent is
                 conditioned  in any manner,  EPA,  or
                 the appropriate  federal agency,  may
                 issue  an  order  pursuant  to section
                 104(e)(5) of CERCLA directing compli-
                 ance with the request for access made
                 under § 300.400(d)(l). EPA or the ap-
                 propriate federal agency may ask the
                 Attorney General to commence a civil
                 action  to  compel  compliance  with
                 either a request  for access or an order
                 directing compliance.
                   (ii) EPA reserves the right to pro-
                 ceed, where  appropriate, under appli-
                 cable authority  other  than CERCLA
                 section 104(e).
                   (iii) The administrative order  may
                 direct compliance with a request  to
                 enter or inspect any vessel, facility, es-
                 tablishment,  place,  property, or  loca-
                 tion described in paragraph  (d)(2)  of
                 this section.
                   Civ) Each order shall contain:
                   CA) A determination by EPA, or the
                 appropriate  federal agency,  that it is
                 reasonable to  believe that there  may-
                 be or has been a release or threat of a
                 release of a hazardous substance  or
                 pollutant or contaminant and a state-
                 ment of the facts upon which the de-
                 termination is based;
                   (B)  A  description,  in   light  of
                 CERCLA response authorities, of the
                 purpose and estimated scope and dura-
                 tion of the entry, including a descrip-
                 tion of the specific anticipated activi-
                 ties to be conducted pursuant to the
                 order;
                   (C) A  provision advising the  person
                 who failed to consent that an  officer
                 or employee of the agency that issued
                 the order  will be available to  confer
                 with respondent prior to effective date
                 of the order; and
                   CD) A  provision advising the  person
                 who failed to consent that a court may
                 impose a penalty of up to $25,000 per
                 day for unreasonable failure to comply
                 with the order.
                   Cv) Orders  shall be served upon the
                 person or responsible party who failed
                 to consent prior to their effective date.
                 Force shall not be used to compel com-
                 pliance with  an order.
                   Cvi) Orders may not  be issued for
                 any criminal investigations.
  Ce) Permit requirements. CD No fed-
 eral, state,  or  local  permits are re-
 quired  for  on-site response actions
 conducted pursuant to  CERCLA sec-
 tions 104, 106,  120, 121, or  122. The
 term on-site means the areal extent of
 contamination and all suitable areas in
 very close proximity to the contamina-
 tion necessary for implementation of
 the response action.
  C2) Permits, if required, shall be ob-
 tained for all response  activities con-
 ducted off-site.
  (f) Health assessments. Health as-
 sessments  shall   be   performed  by
 ATSDR at facilities on or proposed to
 be listed  on  the NPL  and may be per-
 formed at other releases or facilities in
 response  to petitions made to ATSDR.
 Where  available,  these  health assess-
 ments may be used by the lead agency
 to assist  in  determining whether re-
 sponse actions should  be taken and/or
 to  identify  the need for additional
 studies  to assist in the  assessment of
 potential human health effects associ-
 ated with releases or potential releases
 of hazardous substances.
  Cg) Identification of  applicable  or
 relevant  and  appropriate   require-
 ments. CD The lead and support agen-
 cies  shall identify  requirements appli-
 cable to the  release or remedial action
 contemplated based upon an objective
 determination of whether the require-
 ment specifically addresses a hazard-
 ous substance, pollutant, contaminant,
 remedial  action, location, or other cir-
 cumstance found at a CERCLA site.
  C2) If, based upon paragraph CgXD
 of this section, it is determined that a
 requirement  is not applicable  to a spe-
 cific release,  the requirement may still
 be relevant and  appropriate to the cir-
 cumstances of the release. In evaluat-
 ing relevance and appropriateness, the
 factors in paragraphs Cg)C2)Ci) through
 Cviii) of this section shall be examined,
 where pertinent, to determine wheth-
 er a requirement addresses problems
 or situations  sufficiently similar to the
 circumstances of the release or reme-
 dial action contemplated, and  whether
 the requirement is well-suited to the
site,  and  therefore is both  relevant
 and  appropriate.  The pertinence of
 each  of  the following  factors  will
depend, in part,  on whether a require-
ment addresses a chemical, location, or
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               Environmental Protection Agency
                           §300.400
               action.  The  following  comparisons
               shall be made, where pertinent, to de-
               termine  relevance  and  appropriate-
               ness:
                (i) The purpose of the requirement
               and  the purpose  of  the  CERCLA
               action;
                (ii) The medium regulated or affect-
               ed   by   the  requirement   and  the
               medium  contaminated  or affected at
               the CERCLA site;
                (iii) The substances regulated by the
               requirement and the substances found
               at the CERCLA site;
                (iv) The actions or activities regulat-
               ed  by the requirement and the remedi-
               al   action   contemplated  at   the
               CERCLA site;
                (v) Any variances,  waivers, or exemp-
               tions  of  the  requirement  and their
               availability  for the circumstances at
               the CERCLA site;
                (vi) The type  of place regulated  and
               the type of place affected by the re-
               lease or CERCLA action;
                (vii) The  type and size of structure
               or  facility regulated and the type  and
               size of structure or facility affected by
               the release or  contemplated by  the
               CERCLA action;
                (vlii) Any consideration of use or po-
               tential use of affected resources in the
               requirement and the use or potential
               use of the affected resource  at  the
               CERCLA site.
                (3) In addition to  applicable or rele-
               vant and  appropriate requirements,
               the lead  and support agencies may, as
               appropriate, identify other advisories,
               criteria, or  guidance to be considered
               for a  particular release. The  "to be
               considered" (TBC) category consists of
               advisories,  criteria,  or  guidance that
               were developed by EPA, other federal
               agencies, or states that may be  useful
               in developing CERCLA  remedies.
                (4) Only  those state  standards that
               are promulgated, are identified by the
               state in a timely manner, and are more
               stringent than federal requirements
               may be applicable or relevant and ap-
               propriate. For purposes of identifica-
               tion and notification of  promulgated
               state standards, the term promulgated
               means that the standards are of gener-
               al  applicability  and are  legally  en-
               forceable.
                (5) The  lead  agency and support
               agency shall identify their specific re-
quirements that are applicable or rele-
vant and appropriate for a particular
site. These agencies  shall notify each
other, in a timely manner as described
in  § 300.515(d). of  the requirements
they have determined to be applicable
or  relevant  and  appropriate.  When
identifying   a  requirement  as  an
ARAR,  the  lead  agency and support-
agency shall include a citation to the
statute  or regulation from  which the
requirement is derived.
  (6) Notification of ARARs shall be
according to procedures  and  time-
frames specified in §  300.515 (d)(2) and
  (h)  Oversight The lead agency may
provide oversight for actions taken by
potentially   responsible   parties   to
ensure  that  a response is conducted
consistent  with  this  part. The lead
agency  may  also  monitor the actions
of third parties preauthorized under
subpart H  of this part. EPA will pro-
vide oversight when  the  response  is
pursuant to  an EPA order or federal
consent decree.
  (i) Other. (1) This subpart does not
establish any preconditions to enforce-
ment action  by either the federal  or
state  governments to compel response
actions by potentially responsible par-
ties.
  (2)  While  much of this  subpart  is
oriented toward federally funded  re-
sponse  actions, this subpart may be
used as guidance concerning methods
and  criteria  for  response actions  by
other  parties under  other  funding
mechanisms.  Except  as  provided  in
subpart H of this part, nothing in this
part is intended to limit the rights  of
any  person  to seek  recovery of  re-
sponse costs  from responsible parties
pursuant to CERCLA section 107.
  (3)  Activities by the  federal  and
state  governments in  implementing
this subpart  are discretionary  govern-
mental functions. This subpart does
not create in any  private party a right
to federal response  or  enforcement
action.  This  subpart  does not create
any duty of the federal government  to
take any response action at any par-
ticular time.
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               § 300.405
                 40 CFR Ch. I  (7-1-91 Edition)
               § 300.405  Discovery or notification.
                (a)  A  release  may be discovered
               through:
                (DA report submitted in accordance
               with section 103(a)  of CERCLA,  i.e.,
               reportable  quantities codified at  40
               CFR part 302;
                (2) A report submitted to EPA in ac-
               cordance  with   section   103(c)   of
               CERCLA;
                (3) Investigation by government au-
               thorities conducted in accordance with
               section  104(e)  of CERCLA  or other
               statutory authority;
                (4) Notification of a release by a fed-
               eral  or state permit holder  when re-
               quired by its permit;
                (5)  Inventory  or  survey efforts or
               random or incidental observation re-
               ported by government agencies or  the
               public;
                (6) Submission  of  a citizen petition
               to EPA or the appropriate federal fa-
               cility requesting a preliminary assess-
               ment,  in  accordance  with  section
               105(d) of CERCLA; and
                (7) Other sources.
                (b) Any person  in charge of a vessel
               or a facility shall report releases as de-
               scribed in paragraph (aXI) of this sec-
               tion  to the National Response Center
               (NRC). If direct reporting to  the NRC
               is not practicable,  reports  may be
               made to  the   United  States Coast
               Guard (USCG)  on-scene  coordinator
               (OSC) for the  geographic area where
               the release occurs. The EPA  predesig-
               nated OSC  may also  be contacted
               through  the regional  24-hour emer-
               gency response telephone  number. All
               such reports shall be promptly relayed
               to the NRC.  If  it is not possible to
               notify the NRC or predesignated OSC
               immediately, reports may be made  im-
               mediately to the  nearest  USCG unit.
               In any event, such person  in charge of
               the  vessel or facility shall notify  the
               NRC as soon as possible.
                (c)  All other reports of  releases  de-
               scribed under  paragraph  (a) of  this
               section, except releases reported under
               paragraphs (a) (2) and (6) of this sec-
               tion,  shall, as appropriate, be made to
               the NRC.
                (d)  The NRC will generally need in-
               formation that will help to character-
               ize the release. This will include, but
               not be limited to: Location of the re-
               lease; type(s)  of materiaKs)  released;
         an estimate of the quantity of materi-
         al  released; possible source of the re-
         lease; and date and time of the release.
         Reporting under  paragraphs (b) and
         (c) of this section shall not be delayed
         due to incomplete notification infor-
         mation.
          (e) Upon receipt of a notification of
         a  release, the NRC  shall  promptly
         notify the appropriate OSC. The OSC
         shall notify the Governor, or designee,
         of  the state affected by the release.
          (f)(l) When the OSC is notified of a
         release that may require response pur-
         suant to § 300.415(b), a  removal site
         evaluation  shall,  as appropriate,  be
         promptly  undertaken  pursuant   to
         § 300.410.
          (2) When notification indicates that
         removal    action    pursuant     to
         § 300.415(b) is not required, a remedial
         site evaluation shall, if appropriate, be
         undertaken by the lead agency pursu-
         ant to § 300.420, if one has not already-
         been performed.
          (3)  If  radioactive  substances   are
         present in a release, the EPA Radio-
         logical  Response  Coordinator should
         be  notified for evaluation and assist-
         ance, consistent with §§ 300.130(f) and
         300.145(f).
          (g) Release notification made to the
         NRC under this section  does not re-
         lieve the owner/operator of  a facility
         from any obligations to which it is
         subject under SARA Title III or state
         law. In particular, it does not relieve
         the owner/operator from the require-
         ments of section 304 of SARA Title III
         and 40 CPR part  355 and § 300.215(f)
         of  this part for notifying the commu-
         nity emergency coordinator for the ap-
         propriate local emergency  planning
         committee of  all  affected areas  and
         the state emergency response commis-
         sion of any state  affected that there
         has been a release. Federal  agencies
         are not legally obligated to comply
         with the  requirements of Title III  of
         SARA.

         § 300.410  Removal site evaluation.
          (a) A  removal  site evaluation  in-
         cludes a  removal  preliminary assess-
         ment and, if warranted, a removal site
         inspection.
          (b) A removal site evaluation of a re-
         lease identified for possible CERCLA
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             Environmental Protection Agency
                                  §300.415
             response pursuant to § 300.415  shall,
             as appropriate, be undertaken by the
             lead  agency as promptly as possible.
             The  lead  agency may perform  a re-
             moval  preliminary assessment  In re-
             sponse  to  petitions  submitted  by a
             person who is, or may be, affected by a
             release of a hazardous substance, pol-
             lutant,  or  contaminant  pursuant  to
             § 300.420(b)(5).
               (c)(l) The lead agency shall,  as ap-
             propriate, base the  removal prelimi-
             nary assessment  on  readily  available
             information.  A  removal  preliminary
             assessment may include, but is not lim-
             ited to:
               (i)  Identification of the source and
             nature of the release or threat  of re-
             lease;
               (ii)  Evaluation by  ATSDR  or by
             other  sources,  for   example,   state
             public  health agencies,  of the  threat
             to public health;
               (iii) Evaluation  of the magnitude of
             the threat;
               (iv) Evaluation  of factors necessary
             to make the determination of whether
             a removal is necessary; and
               (v) Determination of whether a non-
             federal party is undertaking proper re-
             sponse.
               (2)  A removal preliminary assess-
             ment of releases from hazardous waste
             management facilities may include col-
             lection or review of data such as site
             management  practices,   information
             from generators,  photographs,  analy-
             sis of  historical  photographs,  litera-
             ture  searches, and personal  interviews
             conducted, as appropriate.
               (d) A removal site inspection may be
             performed  if  more  information  is
             needed. Such inspection may include a
             perimeter (i.e., off-site) or on-site in-
             spection,  taking  into  consideration
             whether such inspection  can be per-
             formed safely.
               (e) A removal site evaluation shall be
             terminated  when the  OSC or lead
             agency determines:
               (1) There is no release;
               (2) The source is neither a vessel nor
             a facility as defined in § 300.5  of the
             NCP;
               (3) The  release involves  neither a
             hazardous substance, nor a pollutant
             or contaminant that may present an
             imminent and substantial danger  to
             public health or welfare;
        (4) The release consists of a situa-
       tion   specified . in    { 300.400(b)(l)
       through  (3) subject to  limitations on
       response;
        (5) The amount, quantity, or concen-
       tration released does not warrant fed-
       eral response;
        (6) A  party responsible for the re-
       lease, or any other person, is providing
       appropriate response,  and  on-scene
       monitoring by  the  government is not
       required; or
        (7) The  removal  site evaluation is
       completed.
        (f) The results of the removal site
       evaluation shall be documented.
        (g) If  natural resources are or may
       be  injured by the release, the OSC or
       lead agency  shall  ensure  that state
       and  federal trustees  of the affected
       natural  resources are  promptly noti-
       fied in order that the trustees may ini-
       tiate  appropriate   actions,  including
       those identified in  subpart  G of this
      'part. The  OSC or  lead agency shall
       seek to  coordinate necessary  assess-
       ments, evaluations,  investigations, and
       planning with  such state and federal
       trustees.
        (h) If the removal site evaluation in-
       dicates  that  removal  action  under
       § 300.415 is not required, but that re-
       medial action under § 300.430 may be
       necessary, the lead agency shall, as ap-
       propriate, initiate a remedial site eval-
       uation pursuant to § 300.420.

       § 300.415   Removal action.
        (a)(l)  In determining the appropri-
       ate extent of action to be taken in re-
       sponse to  a. given release, the  lead
       agency shall first review the removal
       site evaluation, any information pro-
       duced through  a remedial site evalua-
       tion, if any has been done previously,
       and the current site conditions, to de-
       termine if  removal  action is appropri-
       ate.
        (2) Where the responsible parties
       are known, an  effort initially shall be
       made, to the extent practicable, to de-
       termine  whether they can  and will
       perform the necessary removal action
       promptly and properly.
        (3) This section does not apply to re-
       moval actions taken pursuant to sec-
       tion 104(b) of  CERCLA. The criteria
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                  §300.415
         40 CFR Ch. I (7-1-91 Edition)
                  for such actions are set forth in sec-
                  tion 104(b) of CERCLA.
                   (b)(l)  At any release, regardless of
                  whether the site is included on the Na-
                  tional Priorities List, where the lead
                  agency  makes   the  determination,
                  based on  the  factors in  paragraph
                  (b)(2) of this section, that there is a
                  threat to  public health or welfare or
                  the environment,  the lead  agency may
                  take  any  appropriate removal action
                  to abate, prevent, minimize, stabilize,
                  mitigate, or eliminate the release or
                  the threat of release.
                   (2)  The following factors shall be
                  considered in determining the appro-
                  priateness of a removal action pursu-
                  ant to this section:
                   (i)  Actual  or potential  exposure to
                  nearby human populations,  animals,
                  or the food chain  from hazardous sub-
                  stances or pollutants or contaminants;
                   (ii)  Actual  or potential  contamina-
                  tion of drinking water supplies or sen-
                  sitive ecosystems;
                   (iii) Hazardous substances or pollut-
                  ants  or  contaminants in  drums, bar-
                  rels, tanks, or other bulk storage con-
                  tainers, that may  pose a threat of re-
                  lease;
                   (iv) High  levels of hazardous sub-
                  stances or pollutants or contaminants
                  in soils largely at  or near the surface,
                  that may migrate;
                   (v)  Weather  conditions  that  may
                  cause hazardous substances or pollut-
                  ants or contaminants to migrate  or be
                  released;
                   (vi) Threat of fire or explosion;
                   (vii) The availability of other appro-
                  priate federal or state response mecha-
                  nisms to respond to the release; and
                   (viii) Other situations or factors that
                  may pose  threats  to public health or
                  welfare or the environment.
                   (3)  If  the lead agency  determines
                  that  a removal action is  appropriate,
                  actions shall, as appropriate, begin as
                  soon as possible to abate, prevent, min-
                  imize, stabilize, mitigate, or eliminate
                  the threat to public health or welfare
                  or the environment.  The  lead agency
                  shall, at the earliest  possible time, also
                  make  any  necessary determinations
                  pursuant to  paragraph (b)(4) of this
                  section.
                   (4) Whenever a planning period of at
                  least  six months exists before on-site
                  activities  must be initiated, and the
lead agency determines, based  on a
site evaluation, that a removal action
is appropriate:
  (i) The lead agency shall conduct an
engineering  evaluation/cost  analysis
(EE/CA) or its equivalent. The EE/CA
is an analysis  of removal alternatives
for a site.
  (ii) If  environmental samples are to
be collected, the lead agency shall de-
velop sampling and analysis plans that
shall provide a process  for obtaining
data of sufficient quality and quantity
to satisfy  data needs.  Sampling and
analysis plans shall be  reviewed and
approved by EPA. The  sampling and
analysis plans  shall consist  of two
parts:
  (A) The  field sampling plan, which
describes the number, type, and loca-
tion of samples and the type of analy-
ses; and
  (B)  The  quality assurance  project
plan, which describes policy, organiza-
tion, and functional activities and the
data quality objectives and measures
necessary to achieve adequate data for
use in planning and documenting the
removal action.
  (5)  Fund-financed removal actions.
other  than  those authorized  under
section  104(b) of CERCLA, shall be
terminated after $2 million has been
obligated for the action  or 12 months
have  elapsed from the  date that re-
moval  activities  begin on-site, unless
the lead agency determines that:
  (i) There  is an  immediate  risk to
public health or welfare or the envi-
ronment; continued response  actions
are immediately required to prevent,
limit, or mitigate an emergency; and
such assistance will not otherwise be
provided on a timely basis; or
  (ii) Continued response action is oth-
erwise appropriate and consistent with
the remedial action to be taken.
  (c) Removal actions  shall,  to the
extent practicable, contribute  to the
efficient performance of any anticipat-
ed long-term remedial action with re-
spect to the release concerned.
  (d) The  following  removal actions
are, as a general rule, appropriate in
the types of situations shown; howev-
er, this list is not exhaustive and is not
intended to prevent the  lead  agency
from taking any other actions deemed
necessary under CERCLA or other ap-
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              Environmental Protection Agency
                                   §300.415
              propriate federal or state enforcement
              or response authorities, and the list
              does not create a  duty on the lead
              agency to take action at any particular
              time:
                (1) Fences, warning signs, or  other
              security or site control precautions—
              where humans or animals have access
              to the release;
                (2) Drainage controls, for example,
              run-off  or  run-on  diversion—where
              needed to reduce migration of hazard-
              ous substances or pollutants  or con-
              taminants off-site  or to prevent pre-
              cipitation   or  run-off   from   other
              sources, for example,  flooding,  from
              entering the release area from  other
              areas;
                (3) Stabilization  of berms, dikes, or
              impoundments or drainage or closing
              of lagoons—where needed to maintain
              the integrity of the structures;
                (4) Capping of contaminated soils or
              sludges—where needed  to  reduce mi-
              gration  of   hazardous   substances  or
              pollutants or  contaminants into soil,
              ground or surface water, or air;
                (5) Using chemicals and other mate-
              rials to  retard the spread of the re-
              lease or to  mitigate its  effects—where
              the use of such chemicals  will reduce
              the spread of the release;
                (6) Excavation, consolidation,  or re-
              moval  of  highly  contaminated  soils
              from drainage or other areas—where
              such actions will reduce the spread of,
              or direct contact with, the contamina-
              tion;
                (7) Removal of drums, barrels, tanks,
              or other bulk containers that contain
              or may contain hazardous substances
              or pollutants or contaminants—where
              it will reduce the likelihood of spillage;
              leakage; exposure to humans, animals,
              or food chain; or fire or  explosion;
                (8) Containment, treatment, dispos-
              al, or incineration  of hazardous mate-
              rials—where needed to reduce the like-
              lihood of  human, animal,  or  food
              chain exposure; or
                (9)  Provision of  alternative  water
              supply—where necessary immediately
              to reduce exposure to contaminated
              household water and continuing until
              such time as local  authorities can sat-
              isfy the need for a permanent remedy.
                (e)  Where  necessary  to  protect
              public health  or  welfare, the lead
              agency shall request that FEMA con-
        duct a temporary relocation or that
        state/local officials conduct an evacu-
        ation.
         (f) If the  lead  agency determines
        that the removal action will not fully
        address the threat posed by  the  re-
        lease and the release may  require re-
        medial action, the lead  agency shall
        ensure an orderly transition from re-
        moval to remedial response activities.
         (g) Removal actions conducted  by
        states  under cooperative agreements.
        described in  subpart F of  this part,
        shall comply with all requirements of
        this section.
         (h) Facilities operated by  a state or
        political subdivision at the time of  dis-
        posal require a state cost share of at
        least 50 percent of Fund-financed re-
        sponse costs if a Fund-financed reme-
        dial action is conducted.
         (i) Fund-financed   removal  actions
        under  CERCLA  section  104  and  re-
        moval  actions pursuant  to CERCLA
        section 106 shall, to the extent practi-
        cable considering the exigencies of  the
        situation, attain applicable or relevant
        and  appropriate  requirements under
        federal environmental or state envi-
        ronmental or facility siting laws. Waiv-
        ers  described in  § 300.430(f)(l)(ii)(C)
        may be  used for  removal  actions.
        Other  federal and state advisories,  cri-
        teria, or guidance may, as appropriate,
        be considered in formulating the re-
        moval  action  (see § 300.400(g)(3)). In
        determining whether compliance with
        ARARs is practicable, the lead agency
        may consider appropriate factors, in-
        cluding:
         (1) The urgency of  the situation;  and
         (2) The scope of the removal action
        to be conducted.
         (j) Removal actions pursuant to  sec-
        tion 106  or 122 of CERCLA  are  not
        subject to the following  requirements
        of this section:
         (1)   Section  300.415(a)(2>  require-
        ment to locate responsible parties  and
        have them undertake the response;
         (2) Section 300.415(b)(2)(vii) require-
        ment to  consider the availability of
        other appropriate federal or state re-
        sponse and enforcement mechanisms
        to respond to the release;
         (3)  Section  300.415(b)(5)  require-
        ment to  terminate response after $2
        million has   been  obligated  or   12
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                 §300.415
         40 CFR Ch. I (7-1-91  Edition)
                 months have elapsed from the date of
                 the initial response; and
                   (4) Section 300.415(f) requirement to
                 assure  an orderly transition from re-
                 moval to remedial action.
                   (k) To the extent practicable, provi-
                 sion for post-removal site control  fol-
                 lowing a Fund-financed removal action
                 at both NPL and non-NPL sites is en-
                 couraged to be made prior to the initi-
                 ation of the removal action. Such post-
                 removal site control includes actions
                 necessary  to ensure the effectiveness
                 and  integrity  of the removal  action
                 after the completion of the  on-site re-
                 moval action or after the $2 million or
                 12-month statutory limits are reached
                 for sites that do not meet the exemp-
                 tion criteria in paragraph (b)(5) of this
                 section. Post-removal site control may
                 be conducted by:
                   (1) The affected state  or political
                 subdivision thereof or local units  of
                 government for any removal;
                   (2) Potentially responsible parties;
                 or
                   (3) EPA's remedial program for some
                 federal-lead Fund-financed  responses
                 at NPL sites.
                   (1) OSCs/RPMs conducting removal
                 actions shall submit OSC reports  to
                 the RRT as required by § 300.165.
                   (m) Community relations in removal
                 actions. (1) In the case of all removal
                 actions taken pursuant to § 300.415 or
                 CERCLA   enforcement   actions    to
                 compel removal response, a spokesper-
                 son shall  be designated by the lead
                 agency. The spokesperson shall inform
                 the community  of  actions taken,  re-
                 spond to inquiries, and  provide infor-
                 mation  concerning the release.   All
                 news releases or statements made by
                 participating agencies shall be coordi-
                 nated  with  the   OSC/RPM.  The
                 spokesperson shall  notify, at a mini-
                 mum, immediately  affected citizens,
                 state and local officials, and, when  ap-
                 propriate,  civil  defense  or emergency
                 management agencies.
                  (2) For actions where, based on the
                 site evaluation,  the lead agency deter-
                 mines that a removal is appropriate,
                 and that less than  six months exists
                 before  on-site removal  activity must
                 begin, the lead agency shall:
                  (i) Publish a notice of availability of
                 the administrative  record file  estab-
                 lished pursuant to § 300.820 in a major
 local newspaper of general circulation
 within 60  days of initiation of on-site
 removal activity;
  (ii) Provide a public comment period,.
 as  appropriate,  of  not less than  30
 days from the time the administrative
 record file is made available for public
 inspection, pursuant  to § 300.820(b)(2);
 and
  (iii) Prepare  a written  response  to
 significant   comments  pursuant  to
 §300.820(b)(3).
  (3) For  removal actions where on-
 site  action  is  expected   to   extend
 beyond 120 days from the  initiation of
 on-site  removal  activities,  the  lead
 agency shall by the end of the 120-day
 period:
  (i) Conduct interviews with local of-
 ficials, community residents, public in-
 terest groups, or other interested  or
 affected parties, as appropriate, to so-
 licit their concerns, information needs,
 and how or when citizens would like to
 be  involved in the Superfund process;
  (ii) Prepare a formal community re-
 lations plan (CRP) based on the  com-
 munity  interviews and other relevant
 information, specifying the  communi-
 ty  relations activities  that the  lead
 agency  expects  to undertake  during
 the response; and
  (iii)  Establish  at least one local in-
 formation repository  at or near the lo-
 cation of the response  action. The in-
 formation  repository should  contain
 items made available for public infor-
 mation.  Further,  an  administrative
 record  file  established pursuant  to
 subpart  I for all removal actions shall
 be available for public inspection in at
 least one of the repositories. The  lead
 agency shall inform  the public of the
 establishment of the information re-
 pository and provide notice of avail-
 ability  of  the  administrative  record
 file for public review. All items in the
 repository shall be available for public
 inspection and copying.
  (4) Where, based on the  site evalua-
 tion, the lead agency determines  that
 a removal  action is  appropriate  and
that a planning period of  at least six
months exists prior to initiation of the
on-site  removal  activities,  the  lead
agency shall at a minimum:
  (i) Comply with the requirements set
forth in paragraphs (m)(3Xi), (ii),  and
(iii) of this section, prior to the com-
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            Environmental Protection Agency
                                 § 300.420
            pletion of the engineering evaluation/
            cost analysis (EE/CA), or its equiva-
            lent, except that the  information  re-
            pository and the administrative record
            file will be established no later  than
            when the EE/CA approval  memoran-
            dum is signed;
              (ii)  Publish  a notice of availability
            and brief description of the EE/CA in
            a major local newspaper of general cir-
            culation pursuant to § 300.820;
              (iii) Provide a reasonable opportuni-
            ty,  not less than  30 calendar days,  for
            submission of  written  and  oral  com-
            ments after completion of the EE/CA
            pursuant to § 300.820(a). Upon timely
            request, the lead agency will  extend
            the public  comment period by a  mini-
            mum of 15 days; and
              (iv)  Prepare  a  written  response to
            significant  comments  pursuant  to
            § 300.820(a).

            § 300.420 Remedial site evaluation.
              (a) General. The purpose of this sec-
            tion is to describe the methods, proce-
            dures,   and criteria  the lead  agency
            shall use to collect data,  as required,
            and evaluate  releases of  hazardous
            substances, pollutants, or  contami-
            nants. The evaluation may consist of
            two steps:  a remedial  preliminary  as-
            sessment (PA) and a remedial site in-
            spection (SI).
              (b)   Remedial  preliminary  assess-
            ment  (1) The lead agency  shall per-
            form a remedial  PA  on all sites in
            CERCLIS as defined in § 300.5 to:
              (i) Eliminate from further consider-
            ation those sites that pose no threat to
            public health or the environment;
              (ii) Determine if there is any poten-
            tial need for removal action;
              (iii)  Set  priorities  for  site  inspec-
            tions; and
              (iv) Gather existing data to facilitate
            later evaluation of the release pursu-
            ant  to the Hazard Ranking System
            (HRS) if warranted.
              (2) A remedial  PA shall consist of a
            review of existing information about a
            release  such  as  information on  the
            pathways  of exposure, exposure tar-
            gets, and source and nature of release.
            A remedial PA shall  also include an
            off-site reconnaissance as appropriate.
            A.remedial PA may include an on-site
            reconnaissance where appropriate.
        (3) If the remedial PA indicates that
      a removal  action may be  warranted,
      the lead agency shall initiate removal
      evaluation pursuant to § 300.410.
        (4) In performing a remedial PA, the
      lead agency may complete the  EPA
      Preliminary Assessment form,  avail-
      able from EPA regional offices, or its
      equivalent, and shall prepare  a PA
      report, which shall include:
        (i) A description of the release;
        (ii)  A description  of the  probable
      nature of the release; and
        (iii) A recommendation  on whether
      further action is warranted, which
      lead agency  should conduct  further
      action, and whether an SI or  removal
      action or both should be undertaken.
        (5) Any person may petition the lead
      federal agency (EPA  or the appropri-
      ate federal agency in  the case of a re-
      lease  or suspected release from a fed-
      eral facility), to perform a PA of a re-
      lease  when such person is, or  may be,
      affected by a release of a hazardous
      'substance,  pollutant,  or contaminant.
      Such petitions shall  be  addressed to
      the EPA  Regional  Administrator for
      the region in  which the release  is lo-
      cated, except that petitions for PAs in-
      volving federal facilities should be ad-
      dressed to the head of the appropriate
      federal agency.
        (i) Petitions shall be signed  by the
      petitioner and shall  contain  the fol-
      lowing:
        (A) The full name, address,  and
      phone number of petitioner;
        (B) A description, as precisely as pos-
      sible, of  the  location  of  the  release;
      and
        (C) How the petitioner is or may be
      affected by the release.
        (ii) Petitions should also  contain the
      following  information to  the extent
      available:
        (A) What type of substances were or
      may be released;
        (B) The nature  of activities that
      have occurred where the release is lo-
      cated; and
        (C) Whether local and state authori-
      ties have been contacted about the re-
      lease.
        (iii) The lead federal agency  shall
      complete  a remedial or removal PA
      within one year of the date of receipt
      of  a  complete petition  pursuant to
      paragraph (b)(5) of this section, if one
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                   § 300.425
                     40 CFR Ch. I  (7-1-91 Edition)
                  has not  been performed  previously,
                  unless the lead federal agency deter-
                  mines that a PA is not appropriate.
                  Where such  a determination is made,
                  the lead  federal  agency shall notify
                  the petitioner  and  will  provide  a
                  reason for the determination.
                    (iv) When  determining if  perform-
                  ance of a PA is appropriate, the lead
                  federal agency shall take into consid-
                  eration:
                    (A) Whether there is information in-
                  dicating that a release has occurred or
                  there is a threat of  a release of a haz-
                  ardous  substance,  pollutant,  or  con-
                  taminant; and
                    (B) Whether  the  release  is eligible
                  for response under CERCLA.
                    (c) Remedial site inspection. (1) The
                  lead agency shall  perform  a remedial
                  SI as appropriate to:
                    (i) Eliminate from further consider-
                  ation those releases  that pose no sig-
                  nificant threat to  public health or the
                  environment;
                    (ii) Determine the potential need for
                  removal action;
                    (iii)  Collect or  develop  additional
                  data, as appropriate, to  evaluate the
                  release pursuant to the HRS; and
                    (iv) Collect  data in addition to  that
                  required to score the release pursuant
                  to the HRS, as  appropriate, to better
                  characterize  the release  for  more ef-
                  fective and rapid initiation  of the RI/
                  PS or response under other authori-
                  ties.
                    (2) The remedial SI shall  build upon
                  the information collected in the reme-
                  dial PA. The remedial SI shall involve,
                  as appropriate,  both on- and off-site
                  field investigatory  efforts,  and sam-
                  pling.
                    (3) If the remedial SI indicates that
                  removal  action  may  be  appropriate,
                  the lead agency shall initiate removal
                  site evaluation pursuant to § 300.410.
                    (4) Prior  to conducting  field sam-
                  pling as part of site inspections, the
                  lead  agency  shall  develop sampling
                  and analysis plans that shall provide a
                  process for obtaining data of sufficient
                  quality  and  quantity to  satisfy data
                  needs.  The   sampling and  analysis
                  plans shall consist of two parts:
                    (i) The field sampling  plan, which
                  describes  the  number, type, and loca-
                  tion of samples, and the type of analy-
                  ses, and
              (ii) The  quality  assurance  project
            plan  (QAPP), which describes policy,
            organization, and functional activities,
            and the  data  quality  objectives and
            measures  necessary to achieve  ade-
            quate data for  use in  site evaluation
            and hazard ranking system activities.
              (5)  Upon completion  of a remedial
            SI, the  lead  agency shall prepare  a
            report that includes the following:
              (i)  A description/history/nature  of
            waste handling;
              (ii) A description of known contami-
            nants;
              (iii) A description of pathways of mi-
            gration of contaminants;
              (iv) An  identification and description
            of human and environmental targets;
            and
              (v)  A  recommendation  on  whether
            further action is warranted.

            § 300.425   Establishing remedial priorities.
              (a)  General The purpose of this sec-
            tion is to identify the criteria as well
            as the methods and procedures EPA
            uses to establish  its priorities for re-
            medial actions.
              (b)  National  Priorities  List.  The
            NPL is the list of priority releases for
            long-term remedial  evaluation and re-
            sponse.
              (1)  Only those releases  included on
            the NPL shall  be considered eligible
            for Fund-financed remedial action. Re-
            moval  actions   (including  remedial
            planning  activities, RI/FSs, and other
            actions taken  pursuant to  CERCLA
            section 104(b)) are not limited to NPL
            sites.
              (2) Inclusion of a release on the NPL
            does not imply that monies will be ex-
            pended, nor does the rank of a release
            on the NPL establish the precise prior-
            ities  for  the  allocation of Fund  re-
            sources.  EPA  may also pursue other
            appropriate authorities to remedy the
            release, including  enforcement actions
            under CERCLA  and other  laws.  A
            site's rank on the NPL serves, along
            with  other  factors,  including enforce-
            ment actions,  as a basis to guide the
            allocation of Fund resources among re-
            leases.
              (3)  Federal facilities that meet the
            criteria identified in paragraph (c) of
            this section are eligible for  inclusion
            on  the NPL.  Except as provided  by
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               Environmental Protection Agency
                           §300.425
               CERCLA sections lll(e)(3) and lll(c),
               federal  facilities  are not eligible for
               Fund-financed remedial actions.
                 (4) Inclusion on the NPL is  not a
               precondition  to action  by  the lead
               agency under CERCLA sections  106 or
               122 or to  action under CERCLA sec-
               tion  107 for recovery of non-Fund-fi-
               nanced  costs or Fund-financed  costs
               other  than Fund-financed  remedial
               construction costs.
                 (c) Methods for determining eligibil-
               ity for NPL. A release may be included
               on the NPL if the release meets one of
               the following criteria:
                 (1) The  release scores sufficiently
               high pursuant to the Hazard Ranking
               System  described  in Appendix  A to
               this part.
                 (2) A state  (not  including  Indian
               tribes) has designated a release as its
               highest priority.  States  may  make
               only one such designation; or
                 (3) The release  satisfies all of the
               following criteria:
                 (i)  The Agency for Toxic Substances
               and  Disease  Registry  has  issued  a
               health advisory that recommends dis-
               sociation of individuals  from the  re-
               lease;
                 (ii) EPA determines that the release
               poses a significant threat to  public
               health; and
                 (lii) EPA anticipates that  it will be
               more cost-effective to use its remedial
               authority than to use removal author-
               ity to respond to the release.
                 (d) Procedures for placing sites on
               the NPL.  Lead agencies  may submit
               candidates  to EPA by scoring the re-
               lease using the HRS and providing the
               appropriate backup documentation.
                 (1) Lead  agencies may submit HRS
               scoring  packages  to EPA   anytime
               throughout the year.
                 (2) EPA shall review lead agencies'
               HRS scoring packages and revise them
               as appropriate. EPA shall develop any
               additional HRS scoring packages  on
               releases known to EPA.
                 (3) EPA shall compile the NPL based
               on the  methods  identified  in   para-
               graph (c) of this section.
                 (4) EPA  shall update the NPL at
               least once a year.
                 (5) To  ensure public  involvement
               during the proposal to add a release to
               the NPL, EPA shall:
  (i) Publish the proposed rule in the
FEDERAL  REGISTER  and  solicit  com-
ments  through  a  public  comment
period; and
  (ii) Publish the final rule in the FED-
ERAL REGISTER, and  make available  a
response to each  significant comment
and any  significant new  data submit-
ted during the comment period.
  (6) Releases may be categorized on
the NPL when deemed appropriate by
EPA.
  (e) Deletion from the NPL. Releases
may be deleted from or  recategorized
on the NPL where no further response
is appropriate.
  (1) EPA shall consult with the state
on proposed deletions  from the  NPL
prior  to  developing the  notice  of
intent  to delete. In making a determi-
nation to  delete  a  release  from the
NPL, EPA  shall consider, in consulta-
tion with the state, whether any  of
the following criteria has been met:
  (i) Responsible  parties  or other per-
sons have implemented all appropriate
response actions required;
  (ii)  All appropriate  Fund-financed
response under CERCLA has been im-
plemented,  and no  further  response
action  by responsible parties is appro-
priate; or
  (iii) The  remedial investigation has
shown that the release poses no signif-
icant threat to public health or the en-
vironment and, therefore, taking of re-
medial measures is not appropriate.
  (2)  Releases shall not be  deleted
from the NPL until the state in which
the release  was located has concurred
on the proposed  deletion.  EPA shall
provide the state 30 working days for
review of the deletion notice  prior to
its publication in the FEDERAL REGIS-
TER.
  (3)  All  releases  deleted  from the
NPL are eligible  for further Fund-fi-
nanced remedial actions should future
conditions warrant such action. When-
ever there is a significant release from
a site deleted from the NPL,  the site
shall be restored  to the  NPL  without
application of the HRS.
  (4)  To  ensure  public involvement
during the  proposal to delete a release
from the NPL. EPA shall:
  (i) Publish  a notice   of  intent  to
delete in the FEDERAL REGISTER and so-
licit  comment through a public com-
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                 § 300.430
         40 CFR Ch. I (7-1-91 Edition)
                 merit period of a minimum of 30 calen-
                 dar days;
                   (ii) In a major local  newspaper  of
                 general circulation at or near the re-
                 lease that is  proposed for deletion,
                 publish a notice of availability of the
                 notice of intent to delete;
                   (iii) Place copies of information sup-
                 porting the proposed deletion in the
                 information  repository, described  in
                 § 300.430(c)(2)(iii), at or near  the  re-
                 lease proposed for  deletion.  These
                 items shall be available for  public in-
                 spection and copying; and
                   (iv) Respond to each significant com-
                 ment and any significant new data
                 submitted during the comment period
                 and  include this response document in
                 the final deletion package.
                   (5) EPA shall place the final deletion
                 package in the local  information  re-
                 pository once  the  notice of final dele-
                 tion has been published in the FEDERAL
                 REGISTER.

                 §300.430  Remedial  investigation/feasibilf-
                    ty study and selection of remedy.
                   (a) General—(1)  Introduction. The
                 purpose of the remedy selection proc-
                 ess  is  to  implement remedies  that
                 eliminate, reduce, or control risks  to
                 human  health and the environment.
                 Remedial actions are to be implement-
                 ed as soon as site data and information
                 make it possible to do so. Accordingly,
                 EPA has established the following pro-
                 gram goal, expectations, and program
                 management principles to assist in the
                 identification  and implementation  of
                 appropriate remedial actions.
                   (i) Program  goal. The national goal
                 of the remedy selection process is  to
                 select remedies that are protective  of
                 human  health and the environment,
                 that maintain protection over  time,
                 and that minimize untreated waste.
                   (ii) Program management principles.
                 EPA generally shall consider the fol-
                 lowing general principles of program
                 management    during   the  remedial
                 process:
                   (A) Sites should generally be remedi-
                 ated in  operable units when early  ac-
                 tions are necessary or appropriate  to
                 achieve  significant  risk  reduction
                 quickly, whe,n phased analysis and  re-
                 sponse  is  necessary   or  appropriate
                 given the size or complexity  of the
site, or to expedite the completion of
total site cleanup.
  (B) Operable units,  including inter-
im action operable units, should not be
inconsistent with nor  preclude imple-
mentation  of  the   expected   final
remedy.
  (C) Site-specific data needs, the eval-
uation  of alternatives, and the docu-
mentation of the  selected remedy
should  reflect the scope and complex-
ity  of  the site  problems  being ad-
dressed.
  (iii)   Expectations.   EPA  generally
shall consider the  following expecta-
tions in developing appropriate reme-
dial alternatives:
  (A) EPA expects to use treatment to
address the principal threats posed by
a site, wherever practicable. Principal
threats for which  treatment is  most
likely  to  be  appropriate include liq-
uids,  areas contaminated  with  high
concentrations of  toxic compounds,
and highly mobile materials.
  (B) EPA expects  to  use engineering
controls,  such  as  containment,  for
waste that poses  a relatively low long-
term threat or where treatment is im-
practicable.
  (C) EPA expects  to  use a combina-
tion of methods, as  appropriate, to
achieve protection  of human  health
and the environment. In appropriate
site situations, treatment of the princi-
pal threats posed by a site, with priori-
ty placed  on treating waste that is
liquid, highly toxic or highly mobile,
will be combined with engineering con-
trols (such as containment) and insti-
tutional controls, as  appropriate, for
treatment  residuals   and  untreated
waste.
  (D) EPA expects to use institutional
controls such as water use and deed re-
strictions  to  supplement engineering
controls as appropriate for short-  and
long-term management to prevent or
limit   exposure   to  hazardous  sub-
stances, pollutants,  or contaminants.
Institutional   controls  may  be  used
during the conduct  of the remedial in-
vestigation/feasibility  study (RI/FS)
and  implementation of  the remedial
action and, where necessary, as a com-
ponent  of the completed remedy. The
use of institutional controls shall not
substitute  for active  response meas-
ures (e.g.,  treatment  and/or contain-
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              Environmental Protection Agency
                           §300.430
              ment of source material, restoration of
              ground waters to their beneficial uses)
              as the sole remedy unless such active
              measures  are  determined not  to be
              practicable, based on the balancing of
              trade-offs  among alternatives  that is
              conducted   during the  selection of
              remedy.
                (E) EPA  expects to consider using in-
              novative technology when such tech-
              nology offers the potential for compa-
              rable or superior treatment perform-
              ance  or implementability,  fewer or
              lesser adverse  impacts  than  other
              available  approaches, or lower costs
              for similar levels of performance than
              demonstrated technologies.
                (F) EPA expects  to return  usable
              ground waters  to their beneficial uses
              wherever practicable, within a  time-
              frame that is reasonable given the par-
              ticular  circumstances   of   the   site.
              When restoration of  ground water to
              beneficial uses  is not  practicable, EPA
              expects to prevent further migration
              of the plume, prevent exposure to the
              contaminated   ground   water,   and
              evaluate further risk reduction.
                (2)  Remedial investigation/feasibili-
              ty study. The purpose of the remedial
              investigation/feasibility study (RI/PS)
              is to  assess site conditions and evalu-
              ate alternatives  to the extent  neces-
              sary  to select  a remedy. Developing
              and conducting an RI/PS generally in-
              cludes the following activities: project
              scoping,  data collection, risk assess-
              ment, treatability studies, and analysis
              of alternatives.  The scope and timing
              of these activities should be tailored to
              the  nature  and  complexity  of  the
              problem and the response alternatives
              being considered.
                (b)  Scoping.  In implementing  this
              section, the lead agency should consid-
              er the program goal, program manage-
              ment principles, and expectations con-
              tained in this rule. The investigative
              and analytical  studies  should be tai-
              lored to site circumstances so that the
              scope and  detail of the analysis is ap-
              propriate  to the complexity  of site
              problems  being  addressed.  During
              scoping, the lead and support agencies
              snail-confer to identify the optimal set
              and sequence of actions necessary to
              address site problems. Specifically, the
              lead agency shall:
  (1) Assemble and evaluate existing
data on the site, including the results
of any removal actions, remedial pre-
liminary assessment and site inspec-
tions, and the NPL listing process.
  (2)  Develop  a  conceptual under-
standing of the site based on the eval-
uation of  existing  data  described in
paragraph (b)(l) of this section.
  (3) Identify likely response scenarios
and potentially  applicable  technol-
ogies and operable units that may ad-
dress site problems.
  (4) Undertake limited data collection
efforts or studies where this informa-
tion will assist in scoping the RI/FS or
accelerate  response  actions, and begin
to  identify the  need for  treatability
studies, as  appropriate.
  (5)  Identify  the type,  quality, and
quantity of the data that will be col-
lected during the RI/FS to support de-
cisions regarding remedial response ac-
tivities.
  (6) Prepare site-specific health and
safety plans that  shall specify, at a
minimum,  employee training and pro-
tective  equipment,  medical  surveil-
lance requirements, standard operat-
ing  procedures,  and  a  contingency
plan  that  conforms with  29  CFR
1910.120 (1XD and (1X2).
  (7) If natural resources are or may
be injured by the release, ensure that
state  and  federal trustees  of the af-
fected natural resources have been no-
tified in order that the trustees may
initiate appropriate actions, including
those identified  in  subpart G of this
part. The lead agency shall seek to co-
ordinate necessary  assessments,  eval-
uations,  investigations, and planning
with such state and federal trustees.
  (8) Develop  sampling, and analysis
plans that shall  provide a process for
obtaining  data of  sufficient  quality
and quantity to  satisfy  data needs.
Sampling and analysis plans shall be
reviewed and approved by  EPA. The
sampling and analysis plans shall con-
sist of two parts:
  (i) The field sampling plan, which
describes the number, type,  and loca-
tion of samples and the type of analy-
ses; and
  (ii)  The  quality  assurance  project
plan, which describes policy, organiza-
tion, and functional activities and the
data quality objectives and  measures
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                 §300.430
                    40 CFR Ch. I (7-1-91 Edition)
                 necessary to achieve adequate data for
                 use  in   selecting  the  appropriate
                 remedy.
                   (9) Initiate the identification of po-
                 tential federal and state ARARs and,
                 as appropriate, other criteria, advisor-
                 ies, or guidance to be considered.
                   (c)  Community relations.  (1)  The
                 community relations requirements de-
                 scribed in this section apply  to all re-
                 medial activities undertaken  pursuant
                 to CERCLA section 104 and to section
                 106 or section 122 consent orders  or
                 decrees, or section 106 administrative
                 orders.
                   (2) The lead agency shall provide for
                 the conduct of the following communi-
                 ty relations activities,  to  the  extent
                 practicable, prior to commencing field
                 work for the remedial investigation:
                   (i) Conducting interviews with local
                 officials, community residents,  public
                 interest groups, or other interested or
                 affected parties, as appropriate, to so-
                 licit their concerns and  information
                 needs, and to learn how and when citi-
                 zens would like to be  involved  in the
                 Superf und process.
                   (ii) Preparing a formal  community
                 relations  plan (CRP),  based on the
                 community interviews  and other  rele-
                 vant information, specifying  the com-
                 munity  relations  activities that the
                 lead agency  expects  to  undertake
                 during  the  remedial  response.  The
                 purpose of the CRP is to:
                   (A)  Ensure  the public  appropriate
                 opportunities  for involvement  in  a
                 wide variety  of site-related decisions,
                 including  site  analysis and character-
                 ization,  alternatives analysis, and se-
                 lection of remedy;
                   (B) Determine, based on  community
                 interviews, appropriate  activities  to
                 ensure such public involvement, and
                   (C) Provide  appropriate opportuni-
                 ties for the community to learn about
                 the site.
                   (iii) Establishing  at  least one local
                 information repository at or  near the
                 location of the response action. Each
                 information repository should contain
                 a copy of  items made available  to the
                 public, including information that de-
                 scribes the technical assistance  grants
                 application process. The lead agency
                 shall inform interested parties  of the
                 establishment  of  the information re-
                 pository.
             (iv) Informing the community of the
           availability  of  technical   assistance
           grants.
             (3) For PRP actions, the lead agency
           shall plan and implement the commu-
           nity relations program at a site.  PRPs
           may participate in aspects of the com-
           munity  relations  program at  the  dis-
           cretion  of and with oversight by  the
           lead agency.
             (4) The lead agency may  conduct
           technical  discussions involving  PRPs
           and the public. These technical discus-
           sions may be held separately from, but
           contemporaneously with, the  negotia-
           tions/settlement discussions.
             (5) In addition, the following  provi-
           sions specifically apply to enforcement
           actions:
             (i) Lead agencies entering into an en-
           forcement agreement with de minimis
           parties under  CERCLA section 122(g)
           or cost recovery settlements  under sec-
           tion 122(h)  shall publish a notice of
           the proposed agreement in the FEDER-
           AL REGISTER at least 30  days before the
           agreement becomes final, as required
           by  section  122(i).  The  notice  must
           identify the name of the facility and
           the parties to the proposed agreement
           and  must allow  an opportunity  for
           comment  and  consideration of com-
           ments; and
             (ii) Where the  enforcement agree-
           ment is embodied in a  consent decree,
           public  notice  and  opportunity  for
           public comment shall  be provided in
           accordance with 28 CFR 50.7.
             (d) Remedial investigation.  (1) The
           purpose of the remedial investigation
           (RI) is to collect data necessary to ade-
           quately characterize the site  for the
           purpose of developing  and evaluating
           effective  remedial  alternatives.  To
           characterize the "site, the lead agency
           shall, as appropriate, conduct field in-
           vestigations,   including   treatability
           studies, and conduct a baseline risk as-
           sessment.  The RI provides  informa-
           tion  to assess the  risks to  human
           health  and  the environment and  to
           support the development, evaluation,
           and selection of appropriate response
           alternatives. Site characterization may
           be conducted in one or  more phases to
           focus  sampling efforts and increase
           the  efficiency of the investigation. Be-
           cause estimates of actual or potential
           exposures and  associated impacts on
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                Environmental Protection Agency
                            §300.430
                human and environmental receptors
                may be refined throughout the phases
                of the RI as new information is ob-
                tained, site characterization activities
                should be fully integrated with the de-
                velopment and  evaluation  of  alterna-
                tives in the feasibility study. Bench- or
                pilot-scale treatability studies  shall be
                conducted,   when  appropriate  and
                practicable, to provide additional  data
                for the detailed analysis and to  sup-
                port engineering design of remedial al-
                ternatives.
                 (2) The lead agency shall character-
                ize the nature of and threat posed by
                the hazardous substances and hazard-
                ous  materials and gather data neces-
                sary to assess the extent to which the
                release  poses  a  threat   to  human
                health or the environment or to  sup-
                port the analysis and design of poten-
                tial response actions by conducting, as
                appropriate,  field  investigations  to
                assess  the following factors:
                 (i) Physical characteristics  of  the
                site, including important surface fea-
                tures, soils, geology, hydrogeology, me-
                teorology, and ecology;
                 (ii) Characteristics  or classifications
                of  air,  surface  water,  and  ground
                water;
                 (iii)  The  general characteristics  of
                the waste, including  quantities, state,
                concentration, toxicity,  propensity to
                bioaccumulate, persistence,  and mobil-
                ity;
                 (iv) The extent to which  the source
                can be adequately identified and char-
                acterized;
                 (v)  Actual  and  potential exposure
                pathways   through    environmental
                media;
                 (vi)  Actual  and potential exposure
                routes, for example, inhalation and in-
                gestion; and
                 (vii)  Other factors,  such as sensitive
                populations, that pertain to the char-
                acterization of the site or support the
                analysis of potential remedial action
                alternatives.
                 (3)  The lead  and support  agency
                shall identify their respective poten-
                tial ARABs related to the  location of
                and contaminants at  the  site  in a
                timely manner.  The lead and  support
                agencies  may  also,  as  appropriate,
                identify other pertinent advisories, cri-
                teria, or guidance in  a timely  manner
                (see §300.400(g)(3)).
  (4) Using the data developed under
paragraphs (d) (1) and (2) of this sec-
tion, the  lead agency shall conduct a
site-specific baseline risk, assessment to
characterize the current and potential
threats to human health and the envi-
ronment  that may  be posed by con-
taminants migrating to ground water
or  surface water,  releasing  to  air,
leaching  through soil,  remaining in
the soil,  and bioaccumulating in the
food chain. The results of the baseline
risk assessment will help establish ac-
ceptable exposure levels for use in de-
veloping  remedial alternatives in the
FS, as  described in paragraph (e) of
this section.
  (e)  Feasibility study. (1) The  pri-
mary objective of the feasibility study
(PS) is to ensure that appropriate re-
medial  alternatives are developed and
evaluated such that relevant  informa-
tion concerning  the  remedial  action
options can be presented to a decision-
maker and  an appropriate remedy se-
lected. The lead agency may develop a
feasibility study  to  address a specific
site problem or the entire site. The de-
velopment and evaluation of alterna-
tives shall reflect the scope and com-
plexity of the remedial action under
consideration and  the site  problems
being addressed. Development of alter-
natives shall be fully integrated with
the site characterization activities of
the remedial investigation described in
paragraph (d) of this section. The lead
agency  shall  include  an alternatives
screening step, when needed,  to select
a reasonable  number of alternatives
for detailed analysis.
  (2) Alternatives shall be developed
that protect human health and the en-
vironment by recycling waste  or  by
eliminating, reducing, and/or control-
ling risks  posed through each pathway
by a site.  The number and type of al-
ternatives to be analyzed shall be de-
termined  at each site, taking into  ac-
count the scope, characteristics,  and
complexity of the site problem that is
being addressed. In developing and, as
appropriate, screening  the  alterna-
tives, the  lead agency shall:
  (i) Establish  remedial action  objec-
tives  specifying  contaminants   and
media  of  concern, potential exposure
pathways, and remediation goals.  Ini-
tially,  preliminary  remediation goals
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                § 300.430
         40 CFR Ch. I (7-1-91 Edition)
                axe developed based on readily avail-
                able information, such as  chemical-
                specific ARARs or other reliable infor-
                mation. Preliminary remediation goals
                should be  modified, as necessary,  as
                more information  becomes available
                during the RI/PS. Final  remediation
                goals will  be determined when the
                remedy is selected. Remediation goals
                shall establish  acceptable  exposure
                levels that are  protective of  human
                health and the environment and shall
                be developed  by considering the fol-
                lowing:
                  (A) Applicable or relevant and  ap-
                propriate  requirements under federal
                environmental or state environmental
                or facility siting laws, if available, and
                the following factors:
                  (.1) For systemic  toxicants, accepta-
                ble  exposure levels  shall  represent
                concentration levels   to  which the
                human population, including sensitive
                subgroups, may  be exposed without
                adverse effect during a lifetime or part
                of a  lifetime, incorporating an ade:
                quate margin of safety;
                  (2) For known or suspected carcino-
                gens, acceptable exposure levels  are
                generally  concentration  levels that
                represent  an  excess upper bound life-
                time cancer risk  to an individual of be-
                tween 10~4 and 10"6 using  information
                on the relationship between dose and
                response. The 10~s risk level shall  be
                used as the point of departure for  de-
                termining remediation goals for alter-
                natives when ARARs are not available
                or are not sufficiently protective  be-
                cause of the presence of multiple con-
                taminants at a site or multiple path-
                ways of exposure;
                  (3) Factors  related to technical limi-
                tations such  as detection/quantifica-
                tion limits for contaminants;
                  (.4) Factors  related  to  uncertainty;
                and
                  (5) Other pertinent information.
                  (B) Maximum  contaminant  level
                goals (MCLGs),  established under the
                Safe Drinking Water Act,  that are  set
                at levels above zero, shall be attained
                by remedial actions for ground or sur-
                face waters that are current or poten-
                tial sources of drinking water, where
                the MCLGs are relevant and appropri-
                ate under the circumstances of the re-
                lease   based  on  the   factors   in
                § 300.400(g)(2). If an MCLG is deter-
mined not to be relevant and appropri-
ate, the corresponding maximum con-
taminant level (MCL)  shall  be  at-
tained where relevant and appropriate
to the circumstances of the release.
  (C) Where the MCLG for a contami-
nant  has been set at a  level of zero,
the MCL promulgated for  that con-
taminant under  the Safe  Drinking
Water Act shall be attained by remedi-
al actions for ground or surface waters
that  are current or potential sources
of  drinking water, where the MCL is
relevant and  appropriate  under the
circumstances of the release based on
the factors in | 300.400(g)<2).
  (D) In cases  involving multiple con-
taminants or pathways where attain-
ment of chemical-specific ARARs will
result in cumulative  risk in excess of
10~4,  criteria in paragraph (e)(2)(i)(A)
of this section  may also  be considered
when determining the cleanup level to
be attained.
  (E)  Water  quality criteria  estab-
lished under sections 303 or 304 of the
Clean Water  Act shall  be attained
where relevant and appropriate under
the circumstances of the release.
  (F) An alternate concentration limit
(ACL) may be established  in accord-
ance     with    CERCLA    section
  (G) Environmental evaluations shall
be performed to assess threats to the
environment, especially sensitive habi-
tats and critical  habitats  of  species
protected under the Endangered Spe-
cies Act.
  (ii) Identify and evaluate potentially
suitable technologies, including  inno-
vative technologies;
  (iii) Assemble suitable  technologies
into alternative remedial actions.
  (3) For source control actions, the
lead agency shall develop, as appropri-
ate:
  (i) A  range of alternatives in which
treatment  that reduces the toxicity,
mobility, or volume of the  hazardous
substances,  pollutants,  or  contami-
nants is a principal element. As appro-
priate, this  range shall include an al-
ternative that  removes  or destroys
hazardous  substances,  pollutants, or
contaminants  to the maximum extent
feasible, eliminating or minimizing, to
the degree possible, the need for long-
term management. The  lead agency
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               Environmental Protection Agency
                            §300.430
               also  shall  develop,  as  appropriate,
               other  alternatives  which, at a  mini-
               mum, treat the principal threats posed
               by  the site but vary  in the degree of
               treatment employed  and the  quanti-
               ties and  characteristics of  the treat-
               ment  residuals and  untreated waste
               that must be managed; and
                 (ii) One or more alternatives that in-
               volve little or no treatment, but pro-
               vide protection  of  human health and
               the environment primarily by prevent-
               ing or controlling exposure to hazard-
               ous substances, pollutants, or contami-
               nants,  through  engineering controls.
               for example, containment, and, as nec-
               essary, institutional controls to protect
               human health  and the  environment
               and to assure continued  effectiveness
               of the response action.
                 (4)  For  ground-water  response  ac-
               tions, the lead agency shall develop a
               limited number  of remedial  alterna-
               tives  that attain site-specific remedi-
               ation levels within different restora-
               tion time periods utilizing one or more
               different technologies.
                 (5)  The lead  agency shall develop
               one or more  innovative  treatment
               technologies for  further consideration
               if those technologies offer the poten-
               tial for comparable  or superior  per-
               formance or implementability; fewer
               or  lesser adverse impacts than other
               available approaches; or lower  costs
               for similar levels of performance than
               demonstrated treatment technologies.
                 (6) The no-action alternative, which
               may be no further action if some re-
               moval or remedial  action has already
               occurred  at the site, shall be  devel-
               oped.
                 (7) As appropriate, and to the extent
               sufficient information is available, the
               short- and long-term aspects  of the
               following three criteria shall be used
               to guide the development and  screen-
               ing of remedial alternatives:
                 (i) Effectiveness.  This  criterion  fo-
               cuses on the degree to which an alter-
               native  reduces  toxicity,  mobility, or
               volume through  treatment, minimizes
               residual risks and affords  long-term
               protection,  complies   with  ARARs,
               minimizes short-term  impacts,   and
               how quickly it achieves protection. Al-
               ternatives providing significantly, less
               effectiveness than other, more promis-
               ing alternatives may be eliminated. Al-
ternatives  that do  not provide  ade-
quate protection of human health and
the environment shall be eliminated
from further consideration.
  (ii) Implementability. This criterion
focuses on the technical feasibility and
availability  of  the technologies each
alternative would employ and  the ad-
ministrative  feasibility of  implement-
ing the alternative. Alternatives  that
are technically or administratively in-
feasible or that would require equip-
ment, specialists, or facilities that are
not  available  within a  reasonable
period of time may be eliminated from
further consideration.
  (iii) Cost.  The costs of construction
and  any long-term costs  to  operate
and maintain the alternatives shall be
considered. Costs that are grossly ex-
cessive compared to the overall effec-
tiveness of alternatives may be consid-
ered as one of several factors  used to
eliminate   alternatives.   Alternatives
providing effectiveness and implemen-
tability similar to that of  another al-
ternative  by  employing   a  similar
method of  treatment or engineering
control, but  at greater cost, may be
eliminated.
  (8) The lead agency shall notify  the
support  agency  of  the  alternatives
that will be  evaluated in detail to fa-
cilitate  the  identification  of ARARs
and, as appropriate, pertinent advisor-
ies, criteria, or guidance to be consid-
ered.
  (9) Detailed analysis of alternatives.
(i) A detailed  analysis shall be con-
ducted on the limited number of alter-
natives  that  represent   viable   ap-
proaches to remedial action after eval-
uation in the screening stage. The lead
and  support agencies must  identify
their  ARARs related to  specific  ac-
tions in a timely manner and no later
than the early stages of the  compara-
tive  analysis. The  lead and support
agencies  may  also,  as appropriate,
identify other pertinent advisories, cri-
teria, or guidance in a timely manner.
  (ii) The detailed analysis consists of
an assessment  of individual alterna-
tives against each of  nine evaluation
criteria and  a comparative analysis
that focuses upon  the  relative  per-
formance of  each alternative  against
those criteria.
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                § 300.430
         40 CFR Ch. I (7-1-91 Edition)
                 (iii) Nine criteria, for evaluation.
                The  analysis  of  alternatives under
                review shall reflect the scope and com-
                plexity of site problems and  alterna-
                tives being evaluated and consider the
                relative  significance of  the  factors
                within each criteria. The nine evalua-
                tion criteria are as follows:
                 (A)  Overall protection  of  human
                health and the environment. Alterna-
                tives shall be assessed  to  determine
                whether they  can adequately protect
                human health  and  the  environment,
                in both the short- and long-term, from
                unacceptable risks posed by  hazardous
                substances,  pollutants,  or contami-
                nants present at the site by eliminat-
                ing, reducing, or controlling exposures
                to  levels established during develop-
                ment of remediation goals  consistent
                with § 300.430(e)(2)(i).  Overall protec-
                tion of human health and the environ-
                ment  draws  on  the assessments  of
                other evaluation  criteria,  especially
                long-term   effectiveness  and  perma-
                nence,  short-term  effectiveness, and.
                compliance with ARARs.
                 (B) Compliance with ARARs. The al-
                ternatives  shall be assessed to deter-
                mine whether they attain  applicable
                or  relevant and appropriate  require-
                ments  under  federal  environmental
                laws and state environmental or facili-
                ty  siting laws  or provide grounds for
                invoking  one  of  the  waivers under
                paragraph (fXIXiiXC) of this section.
                 (C) Long-term effectiveness and per-
                manence.  Alternatives  shall  be  as-
                sessed for  the long-term effectiveness
                and permanence  they  afford,  along
                with the degree  of certainty that  the
                alternative will prove successful. Fac-
                tors that shall be considered, as appro-
                priate, include the  following:
                 (.1) Magnitude of residual  risk  re-
                maining  from  untreated  waste   or
                treatment  residuals  remaining at  the
                conclusion  of the  remedial  activities.
                The  characteristics  of  the residuals
                should  be  considered  to the  degree
                that  they  remain  hazardous,  taking
                into  account their  volume, toxicity,
                mobility,  and  propensity to bioaccu-
                mulate.
                 (2) Adequacy and reliability of con-
                trols such as containment systems and
                institutional controls that are neces-
                sary  to  manage  treatment residuals
                and untreated waste. This factor  ad-
dresses in particular the uncertainties
associated with land disposal for pro-
viding long-term protection from  re-
siduals; the assessment of the poten-
tial need to  replace technical compo-
nents of the alternative, such as a cap,
a slurry wall, or a treatment system;
and  the potential exposure  pathways
and  risks posed should the  remedial
action need replacement.
  (D) Reduction of toxicity, mobility,
or  volume   through  treatment.  The
degree  to which alternatives employ
recycling or treatment that reduces
toxicity, mobility, or volume shall be
assessed,  including how treatment is
used to  address the principal threats
posed by the site. Factors that shall be
considered, as appropriate, include the
following:
  (.1) The treatment or recycling proc-
esses the alternatives employ and ma-
terials they will treat;
  (2) The amount  of  hazardous sub-
stances,  pollutants,  or  contaminants
that •will be destroyed, treated, or recy-
cled;
  (3) The degree of expected reduction
in toxicity, mobility, or volume of the
waste  due to treatment  or recycling
and   the  specification   of  which
reduction(s) are occurring;
  (4) The degree to which the  treat-
ment is irreversible;
  (5) The type and quantity of residu-
als that will remain following  treat-
ment, considering the persistence, tox-
icity,  mobility,  and   propensity  to
bioaccumulate of such hazardous sub-
stances and their constituents; and
  (6) The degree to which treatment
reduces the inherent hazards posed by
principal threats at the site.
  (E)  Short-term  effectiveness.  The
short-term  impacts  of  alternatives
shall be assessed considering the fol-
lowing:
  (I) Short-term risks that  might be
posed to the  community during imple-
mentation of an alternative;
  (2)  Potential  impacts  on  workers
during remedial action and the  effec-
tiveness  and reliability  of  protective
measures;
  (3) Potential environmental impacts
of the remedial action  and the  effec-
tiveness  and reliability  of  mitigative
measures during implementation; and
  (4) Time until protection is achieved.
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               Environmental Protection Agency
                            § 300.430
                 (P) Implementability.  The ease or
               difficulty of implementing the alterna-
               tives shall be assessed by considering
               the  following types of factors as ap-
               propriate:
                 (I) Technical  feasibility,  including
               technical difficulties and unknowns as-
               sociated with the construction and op-
               eration of a technology, the reliability
               of the technology, ease of undertaking
               additional remedial actions, and the
               ability to monitor the effectiveness of
               the remedy.
                 (2) Administrative feasibility, includ-
               ing  activities  needed  to coordinate
               with other offices and  agencies and
               the ability and time required to obtain
               any  necessary  approvals  and permits
               from other  agencies (for off-site  ac-
               tions);
                 (3) Availability of services and mate-
               rials, including the availability of ade-
               quate off-site  treatment,  storage  ca-
               pacity, and disposal capacity and serv-
               ices;  the availability  of  necessary
               equipment and specialists, and provi- •
               sions to ensure any necessary addition-
               al resources; the  availability of serv-
               ices  and materials; and availability of
               prospective technologies.
                 (G)  Cost.  The types of costs that
               shall be assessed include the following:
                 (1) Capital  costs,  including  both
               direct and indirect costs;
                 (2) Annual operation  and mainte-
               nance costs; and
                 (3) Net present value of capital and
               O&M costs.
                 (H) State acceptance. Assessment of
               state concerns  may not be completed
               until comments on the RI/FS are re-
               ceived but may be discussed,  to the
               extent possible, in the proposed plan
               issued for public comment. The state
               concerns that shall be assessed include
               the following:
                 (1) The state's position  and key con-
               cerns related to the preferred alterna-
               tive  and other alternatives; and
                 (2) State comments on ARARs or
               the proposed use of waivers.
                 (I) Community acceptance. This as-
               sessment includes  determining  which
               components  of  the alternatives inter-
               ested persons in the community sup-
               port,  have  reservations  about,  or
               oppose.  This .assessment  may  not be
               completed until comments on the pro-
               posed plan are received.
  (f) Selection of remedy—(I) Reme-
dies selected  shall reflect the scope
and purpose of the actions being un-
dertaken and how the action relates to
long-term, comprehensive  response at
the site.
  (i) The  criteria noted in paragraph
(e)(9)(iii)  of this section are used to
select a remedy. These criteria are cat-
egorized into three groups.
  (A) Threshold criteria. Overall  pro-
tection of human health and the envi-
ronment and compliance with ARARs
(unless a specific ARAR is waived) are
threshold requirements that each al-
ternative must meet in order to be eli-
gible for selection.
  (B) Primary  balancing criteria.  The
five primary  balancing criteria are
long-term  effectiveness  and  perma-
nence; reduction of toxicity, mobility,
or volume through treatment;  short-
term effectiveness;  implementability;
and cost.
  (C) Modifying criteria.  State  and
community acceptance are modifying
criteria that  shall  be  considered in
remedy selection.
  (ii) The  selection  of  a  remedial
action is a two-step process and shall
proceed     in    accordance    with
§ 300.515(e). First, the lead agency, in
conjunction with the support agency,
identifies  a preferred alternative and
presents it to the public in a proposed
plan, for review and comment. Second,
the lead agency shall review the public
comments and consult with the state
(or support agency) in  order to deter-
mine if the alternative  remains the
most appropriate remedial action for
the  site  or  site problem. The  lead
agency, as specified  in  § 300.515(e),
makes the final remedy selection deci-
sion, which shall be documented in the
ROD.  Each remedial  alternative se-
lected  as  a Superfund  remedy  will
employ  the  criteria  as  indicated in
paragraph (fXD(i)  of this section to
make the following determination:
  (A) Each remedial action  selected
shall be protective of  human health
and the environment.
  (B) On-site remedial actions selected
in a ROD must attain those ARARs
that are identified at  the time of ROD
signature  or provide grounds for in-
voking      a      waiver      under
§ 300.430(f XDOiXC).
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                §300.430
         40 CFR Ch. I (7-1-91 Edition)
                  (D Requirements that  are  promul-
                gated or modified after ROD signature
                must  be  attained  (or waived)  only
                when determined to be applicable or
                relevant and  appropriate  and neces-
                sary to  ensure that the remedy is pro-
                tective of human health and the envi-
                ronment.
                  (2) Components of  the  remedy  not
                described in the ROD  must attain (or
                waive)  requirements that are identi-
                fied as  applicable or relevant  and ap-
                propriate at the time the amendment
                to the ROD or the  explanation of sig-
                nificant difference describing the com-
                ponent is signed.
                  (C)  An alternative  that does  not
                meet an ARAR under federal  environ-
                mental or state environmental or facil-
                ity siting laws may be selected under
                the following circumstances:
                  (.1) The alternative is  an  interim
                measure and  will become part of  a
                total remedial action that will attain
                the applicable or relevant and appro-
                priate federal or state requirement;
                  (2) Compliance  with  the  require-
                ment  will result  in  greater  risk  to
                human  health and the  environment
                than other alternatives;
                  (3) Compliance  with  the  require-
                ment is technically impracticable from
                an engineering perspective;
                  (4) The alternative will attain  a
                standard of performance that  is equiv-
                alent to that required under the other-
                wise applicable standard, requirement,
                or limitation through  use of  another
                method or approach;
                  (5) With respect to a state  require-
                ment, the state has not  consistently
                applied, or demonstrated the intention
                to consistently apply, the promulgated
                requirement in similar circumstances
                at other remedial actions within  the
                state; or
                  (6) For Fund-financed response ac-
                tions only, an alternative  that attains
                the ARAR will not provide a  balance
                between the need  for protection  of
                human health and the environment at
                the site and  the availability of Fund
                monies  to respond to other sites  that
                may present a threat to human health
                and the environment.
                  (D)  Each  remedial  action  selected
                shall be cost-effective, provided that it
                first satisfies the threshold criteria set
                forth in § 300.430(f)(l)(ii)  (A) and (B).
Cost-effectiveness  is determined  by
evaluating the following three of the
five   balancing  criteria  noted  in
§ 300.430(f)U)(i)(B) to determine over-
all effectiveness: long-term effective-
ness  and  permanence,  reduction  of
toxicity,  mobility,  or volume through
treatment, and short-term effective-
ness. Overall effectiveness is then com-
pared  to  cost  to  ensure  that  the
remedy  is  cost-effective.  A  remedy
shall  be  cost-effective if its costs are
proportional to its  overall effective-
ness.
  (E)  Each remedial action shall uti-
lize permanent solutions and  alterna-
tive  treatment technologies  or  re-
source recovery technologies  to the
maximum  extent practicable. This re-
quirement shall be fulfilled by select-
ing the alternative that satisfies para-
graph (f)UXii) (A) and (B) of this sec-
tion and provides  the best balance of
trade-offs among alternatives in terms
of the five primary  balancing criteria
noted in paragraph (fXIXiXB) of this
section. The balancing shall emphasize
long-term effectiveness  and reduction
of  toxicity,   mobility,   or  volume
through   treatment.  The  balancing
shall  also consider the preference for
treatment  as a principal element and
the bias  against off-site  land disposal
of untreated waste. In making the de-
termination under this paragraph, the
modifying  criteria of state acceptance
and community acceptance described
in paragraph  (fXIXiXC) of this sec-
tion shall also be considered.
  (2)  The proposed plan. In the first
step in the remedy  selection process,
the lead  agency shall identify  the al-
ternative that best meets the require-
ments in  § 300.430(f)(l), above,  and
shall  present  that alternative  to the
public in a proposed plan. The lead
agency, in conjunction with the sup-
port  agency   and  consistent   with
§ 300.515(e), shall  prepare a proposed
plan that briefly describes the remedi-
al alternatives analyzed by the lead
agency, proposes a preferred remedial
action alternative, and summarizes the
information relied upon  to select the
preferred alternative. The selection of
remedy process for  an  operable unit
may be initiated at any time  during
the remedial action process. The pur-
pose of the proposed plan is to supple-
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               Environmental Protection Agency
                           §300.430
               ment  the  RI/FS  and  provide the
               public with  a reasonable opportunity
               to comment on the preferred alterna-
               tive for  remedial action, as well  as al-
               ternative plans  under consideration,
               and to participate in the selection of
               remedial action at  a site. At a  mini-
               mum, the proposed plan shall:
                 (i) Provide a brief summary descrip-
               tion of the remedial alternatives evalu-
               ated  in   the  detailed analysis  estab-
               lished under paragraph (e)(9) of this
               section;
                 (ii) Identify and provide a discussion
               of the rationale that supports the pre-
               ferred alternative;
                 (iii)  Provide  a  summary  of  any
               formal comments  received from the
               support agency; and
                 (iv) Provide a summary explanation
               of any   proposed  waiver  identified
               under paragraph (fXIXiiXC) of this
               section from an ARAR.
                 (3)  Community  relations to support'
               the selection of remedy, (i) The lead
               agency,  after preparation of the pro-
               posed plan and review by the support
               agency, shall conduct the following ac-
               tivities:
                 (A) Publish a notice of availability
               and brief analysis  of the  proposed
               plan  in  a major local newspaper of
               general circulation;
                 (B) Make the proposed plan and sup-
               porting analysis and information  avail-
               able in  the  administrative  record re-
               quired under subpart I of this part;
                 (C) Provide a reasonable opportuni-
               ty, not less than 30 calendar days, for
               submission  of written and oral  com-
               ments on the proposed plan  and the
               supporting  analysis  and information
               located in the information repository,
               including the RI/FS. Upon timely re-
               quest, the lead agency will extend the
               public comment period by a minimum
               of 30 additional days;
                 (D) Provide the opportunity for a
               public meeting to be held during the
               public comment period at or near the
               site at issue regarding  the  proposed
               plan and the supporting analysis and
               information;
                 (E) Keep a transcript of the public
               meeting  held during the public  com-
               ment period  pursuant to CERCLA sec-
               tion 117(a) and make such transcript
               available to the public; and
  (F) Prepare a written summary  of
significant comments, criticisms, and
new relevant information submitted
during the public comment period and
the lead agency response to each issue.
This responsiveness summary shall  be
made available with the record of deci-
sion.
  (ii) After publication of the proposed
plan and  prior to  adoption of the se-
lected  remedy in  the record of  deci-
sion, if new information is made avail-
able that significantly  changes the
basic features of the remedy with re-
spect to scope, performance, or  cost,
such that the remedy significantly dif-
fers from the original proposal in the
proposed  plan  and  the  supporting
analysis  and information,  the  lead
agency shall:
  (A)  Include a  discussion  in the
record of decision of the significant
changes and reasons for such changes,
if  the lead  agency determines  such
changes could be reasonably anticipat-
ed by the public based on the alterna-
tives and other  information available
in the proposed plan or the supporting
analysis  and  information in the ad-
ministrative record; or
  (B) Seek additional public comment
on a revised proposed plan, when the
lead agency  determines  the  change
could not have been reasonably antici-
pated by the public based on the infor-
mation available in the  proposed plan
or the supporting analysis and infor-
mation  in the administrative record.
The lead  agency shall, prior to adop-
tion of the  selected remedy in the
ROD, issue a revised proposed plan,
which shall include a discussion of the
significant changes  and the reasons
for such changes,  in  accordance  with
the public participation requirements
described  in paragraph (f)(3)(i) of this
section.
  (4) Final remedy selection, (i)  In the
second and final step in the remedy se-
lection process, the lead agency shall
reassess its initial  determination  that
the preferred alternative provides the
best balance of trade-offs, now factor-
ing in any new information or  points
of view expressed by the state (or sup-
port agency)  and  community during
the public comment period. The  lead
agency shall consider state (or support
agency) and community comments re-
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                 § 300.430
         40 CFR Ch, I (7-1-91 Edition)
                 garding  the lead agency's  evaluation
                 of alternatives with  respect  to  the
                 other criteria. These  comments may
                 prompt the lead agency to  modify as-
                 pects  of the  preferred alternative or
                 decide that another alternative  pro-
                 vides a more appropriate balance.  The
                 lead   agency,   as   specified   in
                 § 300.515(e),  shall  make  the  final
                 remedy  selection decision  and docu-
                 ment that decision in the ROD.
                   (ii) If  a  remedial action  is selected
                 that  results in hazardous substances,
                 pollutants, or contaminants remaining
                 at the site above levels that allow for
                 unlimited use and unrestricted expo-
                 sure, the lead agency shall review such
                 action no  less often than  every  five
                 years  after initiation  of the selected
                 remedial action.
                   (iii) The process for selection of a re-
                 medial action at a federal  facility on
                 the NPL, pursuant to CERCLA section
                 120, shall entail:
                   (A)  Joint  selection  of  remedial
                 action by the head of the relevant de-
                 partment,  agency,  or  instrumentality
                 and EPA; or
                   (B)  If mutual  agreement on  the
                 remedy is not reached, selection of the
                 remedy is made by EPA.
                   (5) Documenting the decision, (i) To
                 support  the selection  of  a remedial
                 action, all facts, analyses of facts, and
                 site-specific policy determinations con-
                 sidered in  the course of carrying out
                 activities in this section shall be docu-
                 mented,  as appropriate, in a record of
                 decision, in a level of detail appropri-
                 ate to the  site situation, for inclusion
                 in the administrative record required
                 under subpart I of this part. Documen-
                 tation shall explain how the  evalua-
                 tion criteria in paragraph (e)(9)(iii) of
                 this section were used to  select  the
                 remedy.
                  (ii) The ROD shall describe the fol-
                 lowing statutory requirements as they
                 relate to the scope and objectives of
                 the action:
                  (A) How  the selected remedy is pro-
                 tective of human health and the envi-
                 ronment, explaining how the remedy
                 eliminates,  reduces, or  controls expo-
                 sures to  human and environmental re-
                 ceptors;
                  (B) The  federal  and state require-
                 ments that are applicable or relevant
and  appropriate to the site that the
remedy will attain;
  (C) The applicable or relevant and
appropriate requirements of other fed-
eral  and  state laws that the  remedy
will not meet, the waiver invoked, and
the  justification  for  invoking  the
waiver;
  (D) How the remedy is cost-effective,
i.e.,  explaining  how the  remedy  pro-
vides overall effectiveness proportion-
al to its costs:
  (E) How the remedy  utilizes perma-
nent  solutions  and alternative treat-
ment technologies or resource recov-
ery  technologies  to  the  maximum
extent practicable; and
  (F) "Whether the preference for rem-
edies employing treatment  which per-
manently  and  significantly  reduces
the toxicity, mobility, or volume of the
hazardous substances,  pollutants,  or
contaminants as a principal element is
or is  not  satisfied  by  the selected
remedy. If this preference is not satis-
fied, the  record of decision must ex-
plain why a remedial action involving
such  reductions  in toxicity, mobility,
or volume was not selected.
  (iii) The ROD also shall:
  (A) Indicate, as appropriate, the re-
mediation goals,  discussed in para-
graph (e)(2)(i) of this section, that the
remedy is expected  to achieve.  Per-
formance shall be measured at appro-
priate locations in the ground water,
surface water, soils, air, and other af-
fected environmental media. Measure-
ment relating  to  the performance  of
the treatment processes and the engi-
neering controls may also be identi-
fied, as appropriate;
  (B) Discuss significant  changes and
the response to comments described  in
paragraph (f X3)(i)(F) of this section;
  (C) Describe whether  hazardous sub-
stances,  pollutants, or  contaminants
will  remain  at  the site  such that a
review of  the  remedial action under
paragraph (fX4)(ii) of this  section no
less often than every five years shall
be required; and
  (D)  When appropriate,  provide  a
commitment for further  analysis  and
selection of long-term response meas-
ures  within  an   appropriate  time-
frame.
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                Environmental Protection Agency
                           § 300.435
                  (6)  Community relations when the
                record of decision is signed. After the
                ROD is signed, the lead agency shall:
                  (i) Publish a notice of the availabil-
                ity of the ROD in a major local news-
                paper of general circulation: and
                  (ii)  Make  the  record of  decision
                available for  public  inspection  and
                copying at or near the facility at issue
                prior to the commencement of any re-
                medial action.

                § 300.435  Remedial      design/remedial
                    action, operation and maintenance.
                  (a) General. The remedial design/re-
                medial action (RD/RA) stage includes
                the development of the actual design
                of the selected remedy and implemen-
                tation  of  the   remedy  through con-
                struction. A period  of operation and
                maintenance may follow the RA ac-
                tivities.
                  (b) RD/RA activities. (1) All RD/RA
                activities shall  be in conformance with
                the remedy selected and set forth in
                the ROD or other decision document
                for that site. Those portions of RD/
                RA sampling  and  analysis plans de-
                scribing  the  QA/QC requirements for
                chemical and  analytical testing  and
                sampling procedures of samples taken
                for the purpose of determining wheth-
                er cleanup action  levels specified in
                the ROD are achieved,  generally will
                be consistent with the requirements of
                § 300.430(b)(8).
                  (2) During the course of the RD/RA,
                the lead  agency shall be responsible
                for ensuring that all federal and state
                requirements that are identified in the
                ROD as  applicable or relevant and ap-
                propriate requirements for the action
                are met. If waivers from any ARARs
                are involved, the lead  agency shall be
                responsible for ensuring that the con-
                ditions of the waivers are met.
                  (c) Community relations. (1) Prior to
                the initiation of RD, the lead agency
                shall  review the  CRP  to determine
                whether it should be revised to de-
                scribe  further  public involvement ac-
                tivities during RD/RA that are not al-
                ready addressed or provided for in the
                CRP.
                  (2) After the adoption of the ROD,
                if the remedial action or enforcement
                action taken, or the settlement or con-
                sent decree entered into, differs sig-
                nificantly from the remedy selected in
the ROD with respect to scope, per-
formance,  or cost,  the lead agency
shall consult with the support agency,
as appropriate, and shall either:
  (i) Publish an explanation of signifi-
cant differences when  the differences
in the remedial or enforcement action,
settlement,  or consent decree signifi-
cantly  change but do  not  fundamen-
tally alter the remedy selected in the
ROD with respect to scope, perform-
ance, or cost. To issue an explanation
of  significant differences,  the  lead
agency shall:
  (A) Make  the explanation of signifi-
cant differences and supporting  infor-
mation  available to  the public in the
administrative  record  established
under  § 300.815  and the information
repository; and
  (B)  Publish a notice that briefly
summarizes the explanation of signifi-
cant differences, including the reasons
for such differences, in a major local
newspaper of general circulation; or
  (ii) Propose an amendment to the
ROD if the differences in the remedial
or enforcement  action, settlement, or
consent  decree  fundamentally   alter
the  basic  features  of  the selected
remedy with respect  to  scope, per-
formance, or cost. To amend the  ROD,
the lead agency, in  conjunction with
the support  agency, as provided  in
§ 300.515(e), shall:
  (A) Issue a notice of availability and
brief  description  of   the  proposed
amendment to the ROD in a major
local newspaper of general circulation;
  (B) Make the  proposed amendment
to the ROD  and information support-
ing the decision available  for public
comment;
  (C) Provide a reasonable  opportuni-
ty, not less than 30 calendar days, for
submission  of written  or  oral   com-
ments on the amendment to the ROD.
Upon timely request, the lead agency
will extend the public comment period
by a minimum of 30 additional days;
  (D) Provide the opportunity  for a
public meeting to be held during the
public comment period at or near the
facility at issue;
  (E) Keep  a transcript of comments
received at  the public meeting  held
during the public comment period;
  (F) Include in the amended ROD a
brief explanation of the amendment
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               § 300.435
         40 CFR Ch. I (7-1-91 Edition)
               and the response to each of the signifi-
               cant  comments,  criticisms,  and  new
               relevant information submitted during
               the public comment period;
                 (G) Publish a notice of the availabil-
               ity of the amended ROD in a major
               local newspaper of general circulation:
               and
                 (H)  Make  the amended ROD  and
               supporting  information  available to
               the public in the administrative record
               and information repository  prior to
               the  commencement of  the  remedial
               action affected by the amendment.
                 (3) After the completion of the final
               engineering  design,  the  lead agency
               shall issue a  fact sheet and provide, as
               appropriate,  a public briefing prior to
               the initiation of the remedial action.
                 (d)  Contractor conflict  of interest.
               (1) For  Fund-financed  RD/RA  and
               O&M  activities, the lead agency shall:
                 (i) Include appropriate language in
               the  solicitation  requiring  potential
               prime  contractors to submit  informa-
               tion on  their status,  as well as  the.
               status of their subcontractors, parent
               companies, and affiliates, as potential-
               ly responsible parties at the site.
                 (ii) Require potential prime contrac-
               tors to certify that, to the best of their
               knowledge, they and  their  potential
               subcontractors, parent companies, and
               affiliates have disclosed  all  informa-
               tion described in  § 300.435(d)(l)(i) or
               that no  such information exists,  and
               that any such information discovered
               after  submission of  their  bid or  pro-
               posal  or  contract award will be  dis-
               closed immediately.
                 (2) Prior to contract award, the  lead
               agency shall  evaluate the information
               provided by  the potential prime  con-
               tractors and:
                 (i) Determine whether  they have
               conflicts of interest that could signifi-
               cantly impact the  performance of the
               contract or the liability  of  potential
               prime contractors or subcontractors.
                 (ii) If a potential prime contractor or
               subcontractor has a conflict of interest
               that cannot  be avoided or otherwise
               resolved,  and using  that  potential
               prime  contractor or subcontractor to
               conduct  RD/RA or O&M work under
               a Fund-financed action would not be
               in the best interests of the  state or
               federal  government,  an  offerer  or
               bidder  contemplating  use   of  that
prime   contractor  or  subcontractor
may be declared nonresponsible or in-
eligible for award in accordance with
appropriate  acquisition  regulations,
and  the contract may be awarded to
the next eligible offeror or bidder.
  (e) Recontracting. (1) If a Fund-fi-
nanced contract  must  be  terminated
because  additional work outside the
scope of the contract is needed, EPA is
authorized to take  appropriate  steps
to continue interim RAs as necessary
to reduce risks  to  public health and
the  environment.  Appropriate  steps
may  include  extending  an  existing
contract for  a  federal-lead  RA  or
amending a cooperative agreement for
a state-lead RA. Until the lead agency
can reopen the bidding process and re-
contract to complete the  RA,  EPA
may take such appropriate steps as de-
scribed above to cover interim work to
reduce such risks, where:
  (i) Additional  work is found to be
needed as a result of such unforeseen
situations as newly discovered sources,
types,  or quantities of hazardous sub-
stances at a facility; and
  (ii) Performance of the complete RA
requires the lead agency to rebid the
contract because the existing contract
does not encompass this newly discov-
ered work.
  (2) The cost of such interim actions
shall not exceed S2 million.
  (f) Operation and maintenance.  (1)
Operation  and  maintenance  (O&M)
measures  are   initiated  after   the
remedy  has  achieved  the  remedial
action  objectives  and  remediation
goals in  the ROD,  and is determined
to  be  operational   and  functional,
except for ground- or  surface-water
restoration  actions  covered  under
§ 300.435(f )(4). A state  must  provide
its assurance to assume responsibility
for O&M, including, where appropri-
ate,  requirements for maintaining  in-
stitutional controls, under § 300.510(c).
  (2) A remedy becomes "operational
and  functional"  either one year  after
construction is complete, or when the
remedy is determined concurrently by
EPA and the state to be functioning
properly and  is performing  as de-
signed, whichever is earlier. EPA may
grant  extensions   to  the  one-year
period, as appropriate.
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                Environmental Protection Agency
                           §300.505
                  (3) For Fund-financed remedial ac-
                tions  involving  treatment  or other
                measures to  restore  ground-  or  sur-
                face-water quality to a level that as-
                sures protection of human health and
                the  environment, the operation  of
                such treatment or other measures for
                a period of up to 10 years after the
                remedy becomes operational and func-
                tional will be considered part of the re-
                medial  action.  Activities  required  to
                maintain  the effectiveness  of  such
                treatment  or measures following the
                10-year  period,  or  after  remedial
                action  is complete, whichever  is earli-
                er, shall be considered O&M. For the
                purposes of federal  funding provided
                under  CERCLA  section  104(c)(6), a
                restoration activity will be considered
                administratively "complete" when:
                  (i) Measures restore ground- or sur-
                face-water quality to a level that as-
                sures protection of human health and
                the environment;
                  (ii) Measures restore ground or sur-
                face water to such a point that reduc-
                tions  in contaminant concentrations
                are no longer significant; or
                  (iii) Ten years have elapsed, which-
                ever is earliest.
                  (4)  The  following shall  not   be
                deemed  to constitute  treatment  or
                other measures to restore  contaminat-
                ed  ground  or  surface water  under
                §300.435(f)(3):
                  (i)  Source   control maintenance
                measures; and
                  (ii) Ground- or surface-water meas-
                ures initiated for the primary purpose
                of providing a drinking-water supply,
                not  for  the  purpose of  restoring
                ground water.

                § 300.440  Procedures for planning and im-
                    plementing  off-site response actions
                   [Reserved].

                  Subpart F—State Involvement in
                   Hazardous Substance Response

                 SOURCE 55 PR 8853, Mar. 8, 1990, unless
                otherwise noted.

                §300.500  General.
                  (a) EPA shall ensure meaningful and
                substantial state involvement  in  haz-
                ardous substance response as specified
                in this subpart. EPA shall provide an
                opportunity for  state participation  in
removal, pre-remedial,  remedial, and
enforcement response activities.  EPA
shall encourage states to enter into an
EPA/state  Superfund  Memorandum
of Agreement (SMOA) under § 300.505
to  increase  state involvement  and
strengthen  the  EPA/state  partner-
ship.
  (b)  EPA shall  encourage states  to
participate in Fund-financed response
in two ways. Pursuant to § 300.515(a),
states  may  either assume the  lead
through a cooperative  agreement for
the response action or may be the sup-
port agency  in EPA-lead remedial  re-
sponse. Section 300.515 sets  forth  re-
quirements  for state  involvement  in
EPA-lead remedial and  enforcement
response and also addresses compara-
ble requirements  for EPA involvement
in  state-lead remedial  and enforce-
ment response. Section 300.520  speci-
fies  requirements  for  state involve-
ment in EPA-lead enforcement negoti-
ations.  Section 300.525  specifies  re-
quirements  for state  involvement  in
removal actions. In addition to the  re-
quirements  set forth in this subpart,
40 CFR part 35, subpart O. "Coopera-
tive Agreements and  Superfund State
Contracts for Superfund Response Ac-
tions," contains further requirements
for  state   participation   during  re-
sponse.

§ 300.505  EPA/Stat* Superfund Memoran-
    dum of Agreement (SMOA).
  (a)  The  SMOA may establish the
nature and extent of EPA and  state
interaction during EPA-lead and state-
lead response (Indian tribes meeting
the requirements  of  § 300.515(b) may
be  treated as states  for  purposes  of
this section). EPA shall enter  into
SMOA discussions if requested  by a
state. The following may be addressed
in a SMOA:
  (1) The EPA/state or  Indian  tribe
relationship for removal, pre-remedial,
remedial,  and  enforcement response,
including a  description of the  roles
and the responsibilities of each.
  (2)  The  general requirements for
EPA  oversight.   Oversight  require-
ments  may be more specifically de-
fined in cooperative agreements.
  (3) The general nature of lead and
support agency interaction regarding
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                §300.510
         40 CFR Ch. I (7-1-91  Edition)
                the review of key documents and/or
                decision points in removal, pre-remedi-
                al,  remedial,  and  enforcement  re-
                sponse. The requirements for EPA and
                state review of each other's key docu-
                ments when each is serving as the sup-
                port agency shall be equivalent to the
                extent   practicable.   Review  times
                agreed  to  in the SMOA must also be
                documented in  site-specific  coopera-
                tive agreements or Superfund  state
                contracts in order to be binding.
                 (4) Procedures for  modification of
                the SMOA (e.g., if  EPA and a  state
                agree   that the  lead  and  support
                agency roles and responsibilities  have
                changed, or if modifications  are  re-
                quired to achieve desired goals).
                 (b) The  SMOA and any modifica-
                tions thereto shall be  executed by the
                EPA Regional Administrator  and the
                head of the state agency designated as
                lead agency for state  implementation
                of CERCLA.
                 (c) Site-specific agreements entered
                into pursuant to section 104(d)(l) of
                CERCLA shall be developed in accord-'
                ance with  40 CFR part 35, subpart O.
                The SMOA shall not supersede  such
                agreements.
                 (d)(l) EPA and the  state shall con-
                sult annually  to determine priorities
                and make  lead  and  support agency
                designations for removal, pre-remedi-
                al,  remedial,  and  enforcement  re-
                sponse  to   be  conducted  during the
                next fiscal year and to discuss future
                priorities and long-term requirements
                for response. These consultations shall
                include the exchange of information
                on both Fund- and non-Fund-financed
                response activities.  The  SMOA  may
                describe the timeframe and process for
                the EPA/state consultation.
                 (2) The  following  activities  shall be
                discussed in the EPA/state consulta-
                tions established in the SMOA, or oth-
                erwise  initiated  and  documented in
                writing in  the absence of a SMOA, on
                a site-specific basis with EPA and the
                state identifying the  lead agency  for
                each response action discussed:
                 (i) Pre-remedial response actions, in-
                cluding  preliminary assessments  and
                site inspections;
                 (ii) Hazard Ranking System scoring
                and NPL listing and deletion activities;
                 (iii)  Remedial  phase activities,  in-
                cluding  remedial investigation/feasi-
bility study, identification of potential
applicable or relevant and appropriate
requirements (ARARs) under federal
and state environmental laws and, as
appropriate, other advisories, criteria,
or guidance to be considered (TBCs),
proposed plan. ROD, remedial design,
remedial  action, and operation  and
maintenance;
  (iv)  Potentially  responsible  party
(PRP) searches, notices to  PRPs, re-
sponse to information  requests,  PRP
negotiations, oversight of PRPs, other
enforcement actions pursuant to  state
law, and activities where the state pro-
vides support to EPA;
  (v) Compilation and maintenance of
the administrative record for selection
of a  response  action  as required by
subpart I of this part;
  (vi) Related site support activities;
  (vii) State ability to share in the cost
and timing of payments; and
  (viii) General CERCLA implementa-
tion activities.
  (3)  If a  state is  designated  as the
lead agency  for a non-Fund-financed
action at an NPL site, the SMOA shall
be supplemented by site-specific en-
forcement  agreements  between  EPA
and the state which specify schedules
and EPA involvement.
  (4) In the absence of a SMOA, EPA
and the state shall comply with the re-
quirements  in  § 300.515(h).  If  the
SMOA does not address all  of the re-
quirements  specified in § 300.515(h),
EPA and the state  shall comply  with
any unaddressed requirements in that
section.

§ 300.510  State assurances.
  (a) A Fund-financed remedial action
undertaken pursuant to CERCLA sec-
tion  104(a) cannot  proceed unless  a
state  provides its applicable required
assurances.  The  assurances must be
provided by the state prior to the  initi-
ation  of remedial action pursuant to a
Superfund state contract for EPA-lead
(or political subdivision-lead) remedial
action or pursuant  to a cooperative
agreement for a state-lead remedial
action. The SMOA  may not be  used
for this purpose. Federally recognized
Indian tribes are not required to pro-
vide CERCLA section  104(c)(3) assur-
ances for  Fund-financed response ac-
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                Environmental Protection Agency
                           §300.510
                tions. Further  requirements pertain-
                ing to state, political subdivision, and
                federally recognized Indian  tribe in-
                volvement in CERCLA  response  are
                found in 40 CFR part 35, subpart O.
                 (b)(l)  The state is not required to
                share in the cost of state- or EPA-lead
                Fund-financed  removal   actions  (in-
                cluding  remedial  planning  activities
                associated with remedial actions) con-
                ducted pursuant to  CERCLA section
                104 unless the facility was operated by
                the state or  a  political  subdivision
                thereof at the time of disposal of haz-
                ardous substances therein and a reme-
                dial action is ultimately undertaken at
                the site. Such  remedial planning ac-
                tivities include,  but are not limited to,
                remedial investigations (RIs), feasibili-
                ty  studies (FSs), and remedial design
                (RD). States shall be required to share
                50  percent, or greater, in the cost of all
                Fund-financed response actions if the
                facility was  publicly operated  at  the
                time of the disposal of hazardous sub-
                stances.   For  other  facilities,  except
                federal facilities, the state shall be re-
                quired to share 10 percent of the cost
                of the remedial  action.
                 (2) CERCLA  section  104(c)(5) pro-
                vides that EPA  shall grant a state
                credit for  reasonable,  documented,
                direct, out-of-pocket, non-federal  ex-
                penditures subject to the limitations
                specified in CERCLA section 104(c)(5).
                For a state to  apply credit toward its
                cost share, it must enter into  a cooper-
                ative agreement  or Superfund state
                contract. The   state must submit  as
                soon as  possible, but no later than at
                the time CERCLA section 104 assur-
                ances are provided for  a  remedial
                action, its accounting of eligible credit
                expenditures for EPA verification. Ad-
                ditional  credit  requirements  are con-
                tained in 40 CFR part 35, subpart O.
                 (3) Credit may be applied to a state's
                future cost share requirements at NPL
                sites for response expenditures or obli-
                gations incurred by the state or a po-
                litical subdivision  from  January  1,
                1978 to December 11, 1980, and for the
                remedial action expenditures incurred
                only by  the state  after  October 17,
                1986.
                 (4) Credit that exceeds the required
                cost share at the site for which the
                credit is  granted may be transferred to
another site to offset a state's required
remedial action cost share.
  (c)(l) Prior to a Fund-financed reme-
dial action, the state must also provide
its  assurance  in   accordance  with
CERCLA  section   104(c)(3)(A)   to
assume  responsibility  for  operation
and maintenance of  implemented  re-
medial actions for the expected life of
such actions. In addition, when appro-
priate, as part of the O&M assurance.
the state must assure that any institu-
tional controls implemented as part of
the remedial  action  at  a site are in
place, reliable, and will remain in place
after the initiation  of O&M. The state
and EPA shall consult on  a plan  for
operation and maintenance prior to
the initiation of a remedial action.
  (2) After a  joint EPA/state  inspec-
tion  of  the   implemented Fund-fi-
nanced   remedial    action    under
§300.515(g),  EPA  may  share,  for a
period of up to one year, in  the cost of
the operation  of the remedial action to
ensure that the remedy  is operational
and functional. In the case  of the res-
toration of ground or surface water,
EPA shall share in  the cost  of  the
state's operation of ground-  or surface-
water restoration remedial  actions as
specified in § 300.435(f)(3).
  (d) In accordance with CERCLA sec-
tions 104 (CX3KB) and 121(d)(3), if the
remedial action requires  off-site stor-
age, destruction, treatment, or dispos-
al, the state must provide its assurance
before the remedial action begins on
the availability  of  a  hazardous waste
disposal facility that is in compliance
with CERCLA section 121(d)(3) and is
acceptable to EPA.
  (e)(l) In accordance with CERCLA
section  104(c)(9), EPA shall not pro-
vide any remedial action pursuant to
CERCLA section 104 until the state in
which the release occurs enters into a
cooperative  agreement or Superfund
state contract with EPA providing  as-
surances  deemed  adequate by EPA
that the state will assure the availabil-
ity of  hazardous waste  treatment or
disposal facilities which:
  (i)  Have adequate capacity for  the
destruction, treatment, or secure  dis-
position of all hazardous wastes that
are reasonably expected to be generat-
ed within the  state during the 20-year
period following the date of such coop-
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                §300.515
         40 CFR Ch. I (7-1-91 Edition)
                erative agreement or Superfund state
                contract and to be destroyed, treated,
                or disposed;
                  (ii) Are within the state, or outside
                the state in  accordance with an inter-
                state agreement or regional agreement
                or authority;
                  (iii) Are acceptable to EPA; and
                  (iv) Are  in compliance with the re-
                quirements of  Subtitle C of the Solid
                Waste Disposal Act.
                  (2)  This  rule  does  not   address
                whether or not Indian tribes are states
                for purposes of this paragraph (e).
                  (f) EPA  may determine that an in-
                terest in real property  must  be  ac-
                quired in order to conduct a response
                action. As  a general  rule, the state in
                which the  property is located must
                agree to acquire and hold the neces-
                sary property  interest, including any
                interest  in  acquired property that is
                needed to ensure the reliability of in-
                stitutional controls restricting the  use
                of that property. If it is necessary for
                the United States government to  ac-
                quire the  interest  in  property   to'
                permit   implementation  of  the  re-
                sponse, the state must  accept transfer
                of the acquired interest on or before
                the completion of the response  action.

                § 300.515  Requirements for state involve-
                   ment in remedial and enforcement re-
                   sponse.
                  (a) General.  (1)  States are  encour-
                aged to  undertake actions  authorized
                under subpart E. Section 104(d)(l) of
                CERCLA authorizes EPA to enter into
                cooperative  agreements  or contracts
                with a state, political subdivision, or a
                federally recognized Indian  tribe  to
                carry out Fund-financed response ac-
                tions  authorized   under  CERCLA,
                when EPA determines  that the state,
                the political subdivision, or federally
                recognized Indian tribe has the capa-
                bility to undertake such actions. EPA
                will use a  cooperative agreement  to
                transfer funds to those entities to  un-
                dertake Fund-financed response activi-
                ties. The requirements for states,  po-
                litical subdivisions, or Indian tribes to
                receive funds  as a  lead  or support
                agency  for response  are addressed at
                40 CFR part 35, subpart O.
                  (2) For EPA-lead Fund-financed re-
                medial  planning activities, including,
                but  not limited to, remedial investiga-
tions, feasibility studies, and remedial
designs, the state agency acceptance of
the  support  agency role during an
EPA-lead response shall be document-
ed in a letter, SMOA,  or cooperative
agreement.  Superfund state  contracts
are unnecessary for this purpose.
  (3) Cooperative  agreements and Su-
perfund  state contracts are only ap-
propriate for non-Fund-financed re-
sponse actions  if a  state intends  to
seek  credit  for  remedial action  ex-
penses under  § 300.510.
  (b) Indian tribe involvement during
response.  To be afforded substantially
the same treatment as states  under
section 104 of CERCLA, the governing
body of the  Indian tribe must:
  (1) Be federally recognized; and
  (2)  Have  a tribal governing  body
that is  currently performing govern-
mental   functions  to   promote  the
health, safety, and welfare of the af-
fected population or to protect the en-
vironment within a defined geographic
area; and
  (3) Have  jurisdiction over a site  at
which Fund-financed response, includ-
ing pre-remedial activities, is contem-
plated.
  (c) State involvement  in PA/SI and
National  Priorities List process.  EPA
shall  ensure state involvement  in the
listing and deletion process by provid-
ing states  opportunities  for  review,
consultation,  or concurrence specified
in this section.
  (1) EPA shall consult with states  as
appropriate on the information to be
used in developing HRS scores for re-
leases.
  (2) EPA shall, to the extent feasible,
provide  the state 30 working days  to
review releases which were scored by
EPA and  which will be considered for
placement on the National  Priorities
List (NPL).
  (3) EPA shall provide the  state 30
working days  to review and concur on
the Notice  of Intent to Delete a re-
lease  from  the NPL. Section 300.425
describes  the  EPA/state consultation
and concurrence process for  deleting
releases from the NPL.
  (d) State involvement in RI/FS proc-
ess. A key  component of the  EPA/
state partnership shall be the commu-
nication of potential federal and state
ARARs and, as appropriate, other  per-
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               Environmental Protection Agency
                           §300.515
               tinent advisories, criteria, or guidance
               to be considered (TBCs).
                 (1) In accordance with 5§ 300.400(g)
               and 300.430,  the lead  and  support
               agencies shall identify their respective
               potential  ARARs and  communicate
               them  to   each  other   in  a  timely
               manner, i.e., no later than the early
               stages of the comparative analysis de-
               scribed in  §300.430(e)(9), such  that
               sufficient time is available for the lead
               agency to consider and incorporate all
               potential  ARARs without inordinate
               delays and  duplication of effort. The
               lead and  support agencies may also
               identify TBCs and communicate them
               in a timely manner.
                 (2) When a  state and EPA have en-
               tered into a SMOA.  the SMOA may
               specify a consultation process which
               requires the lead agency to solicit po-
               tential ARARs at specified points  in
               the remedial planning and remedy se-
               lection processes. At  a minimum, the
               SMOA shall include the points speci-
               fied in  § 300.515(h)(2).  The  SMOA
               shall  specify  timeframes for  support
               agency response to  lead  agency re-
               quests to ensure that potential ARARs
               are identified  and communicated in  a
               timely manner. Such timeframes must
               also be  documented  in site-specific
               agreements. The SMOA  may also dis-
               cuss identification and communication
               of TBCs.
                 (3) If EPA in its statement of a pro-
               posed plan intends to waive any state-
               identified ARARs, or does  not agree
               with  the  state  that  a  certain state
               standard is an ARAR, it shall formally
               notify the state when it submits the
               RI/FS report for state  review or re-
               sponds to the state's submission of the
               RI/FS report.
                 (4) EPA shall respond  to state  com-
               ments on  waivers from  or  disagree-
               ments about state ARARs,  as well as
               the preferred alternative when making
               the RI/FS  report and proposed  plan
               available for public comment.
                 (e) State involvement in selection of
               remedy. (1) Both EPA  and the state
               shall be involved in preliminary discus-
               sions of the alternatives addressed in
               the FS prior to preparation of the pro-
               posed plan  and ROD. At the conclu-
               sion of the RI/FS, the lead agency, in
               conjunction with the support agency,
               shall  develop a  proposed plan.  The
support agency shall have an opportu-
nity to comment on the plan. The lead
agency shall publish a notice of avail-
ability of the RI/FS report and a brief
analysis of the proposed plan pursuant
to § 300.430(e) and (f). Included in the
proposed  plan shall be  a statement
that the  lead and  support agencies
have reached agreement or, where this
is not the case, a statement explaining
the concerns of the support  agency
with the lead agency's proposed  plan.
The state may not publish a proposed
plan that EPA has not approved. EPA
may assume the  lead from the state if
agreement cannot be reached.
  (2 Hi) EPA and the state shall identi-
fy,  at  least  annually, sites for which
RODs  will  be  prepared  during the
next fiscal year, in accordance  with
§ 300.515(h)(l). For all EPA-lead  sites,
EPA shall prepare the ROD and pro-
vide  the state   an  opportunity  to
concur with the recommended remedy.
For  Fund-financed state-lead  sites,
EPA  and the  state shall  designate
sites,  in a site-specific agreement, for
which  the  state  shall  prepare the
ROD and seek EPA's concurrence and
adoption  of  the  remedy  specified
therein, and sites for which EPA shall
prepare the  ROD and seek the state's
concurrence. EPA and the state may
designate sites  for  which  the  state
shall prepare the ROD for non-Fund-
financed  state-lead  enforcement  re-
sponse  actions  (i.e.,  actions  taken
under state  law) at an NPL site. The
state may seek EPA's concurrence in
the remedy  specified therein. Either
EPA or the state  may choose not to
designate a site as state-lead.
  (ii) State concurrence on a ROD  is
not a prerequisite to EPA's selecting a
remedy,  i.e.,  signing a ROD, nor  is
EPA's concurrence a prerequisite to a
state's selecting  a remedy at  a  non-
Fund-financed state-lead enforcement
site under state law. Unless EPA's As-
sistant Administrator for Solid Waste
and Emergency Response or Regional
Administrator concurs in writing with
a state-prepared  ROD, EPA shall not
be deemed to have approved the  state
decision. A state  may not proceed with
a   Fund-financed   response  action
unless EPA has first concurred in and
adopted the ROD.  Section 300.510( a)
specifies limitations on EPA's proceed-
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                §300.515
         40 CFR Ch. I (7-1-91 Edition)
                ing  with a remedial  action without
                state assurances.
                 (iii) The lead agency shall provide
                the support agency with a copy of the
                signed ROD for remedial actions to be
                conducted pursuant to CERCLA.
                 (iv) On state-lead sites identified for
                EPA concurrence, the state generally
                shall be expected to maintain its lead
                agency  status through the completion
                of the remedial action.
                 (f) Enhancement of remedy. (1) A
                state may ask EPA to make changes in
                or expansions of a remedial action se-
                lected under subpart E.
                 (i) If EPA finds that the proposed
                change or expansion  is necessary and
                appropriate to the EPA-selected reme-
                dial  action, the remedy may be modi-
                fied  (consistent with § 300.435(c)(2))
                and  any additional costs paid as  part
                of the remedial action.
                 (ii) If EPA finds  that the proposed
                change  or expansion  is not necessary
                to the  selected remedial  action, but
                would  not conflict  or be inconsistent
                with the EPA-selected remedy, EPA
                may agree to integrate the proposed
                change  or expansion into the planned
                CERCLA remedial work if:
                 (A) The state  agrees to  fund the
                entire additional  cost  associated with
                the change or expansion; and
                 (B) The state agrees to assume the
                lead for supervising the state-funded
                component of the remedy or, if EPA
                determines that the state-funded com-
                ponent cannot be conducted as a sepa-
                rate  phase or activity, for supervising
                the remedial design and construction
                of the entire remedy.
                 (2) Where a state does not concur in
                a  remedial  action  secured by  EPA
                under CERCLA section 106, and the
                state desires  to  have the remedial
                action conform to an ARAR that has
                been          waived          under
                § 300.430(f)(l)(ii)(C), a state may seek
                to have that remedial action so  con-
                form, in accordance with the proce-
                dures set  out in  CERCLA  section
                 (g)  State  involvement in remedial
               design/remedial action. The extent
               and   nature  of  state  involvement
               during remedial design and remedial
               action shall be specified in site-specific
               cooperative  agreements or Superfund
               state  contracts, consistent with  40
 CFR part 35, subpart O. For Fund-fi-
 nanced remedial actions, the lead and
 support agencies shall conduct a joint
 inspection at the conclusion of con-
 struction of the remedial action to de-
 termine that the remedy has been con-
 structed in accordance with the ROD
 and with the remedial design.
  (h) Requirements for state involve-
 ment in absence of SMOA. In the ab-
 sence of a SMOA, EPA and the state
 shall comply with the requirements in
 § 300.515(h).  If the SMOA does not ad-
 dress all of the requirements specified
 in  § 300.515(h),  EPA and  the  state
 shall comply with any unaddressed re-
 quirements in that section.
  (1) Annual consultations.  EPA shall
 conduct consultations with  states  at
 least annually to establish  priorities
 and identify  and document  in writing
 the lead for remedial and enforcement
 response for  each NPL site within the
 state for  the upcoming fiscal  year.
 States shall  be given the opportunity
 to  participate in long-term planning
 efforts  for remedial and enforcement
 response  during  these annual consul-
 tations.
  (2) Identification  of ARARs and
 TBCs. The lead and support agencies
 shall discuss potential ARARs during
 the scoping  of the  RI/FS. The lead
 agency  shall  request potential ARARs
 from the support agency no  later than
 the time that the site characterization
 data are available. The support agency
 shall communicate in writing those po-
 tential  ARARs  to  the  lead agency
 within 30  working days  of  receipt  of
 the lead  agency request  for  these
 ARARs. The lead and support agen-
 cies may also discuss and communicate
 other pertinent advisories, criteria,  or
 guidance  to   be  considered (TBCs).
 After the initial  screening of alterna-
 tives has been completed but prior  to
 initiation of  the  comparative analysis
 conducted during the detailed analysis
 phase of the  FS, the lead agency shall
 request that  the  support agency com-
 municate  any additional requirements
 that are applicable or relevant and ap-
 propriate  to  the  alternatives contem-
plated within 30  working days of re-
ceipt of this  request. The lead agency
shall thereafter  consult the support
agency  to  ensure   that   identified
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                Environmental Protection Agency
                           §300.600
                ARARs and TBCs are updated as ap-
                propriate.
                  (3)  Support agency  review  of lead
                agency  documents. The lead agency
                shall  provide  the  support agency an
                opportunity to review and comment on
                the RI/FS,  proposed plan, ROD, and
                remedial design, and any proposed de-
                terminations on potential ARARs and
                TBCs. The support agency shall have
                a minimum  of 10 working days and  a
                maximum of 15 working days to pro-
                vide comments to  the  lead agency on
                the RI/PS,  ROD. ARAR/TBC deter-
                minations,  and  remedial design. The
                support agency shall have a minimum
                of five working  days and a maximum
                of 10  working days to comment on the
                proposed plan.
                  (i)  Administrative  record  require-
                ments. The state, where it is the lead
                agency for a Fund-financed  site, shall
                compile and maintain the administra-
                tive record for selection of a response
                action under  subpart  I of  this  part.
                unless  specified  otherwise   in   the
                SMOA.

                §300.520  State involvement in EPA-Iead
                   enforcement negotiations.
                  (a)  EPA  shall notify  states of re-
                sponse action negotiations to be con-
                ducted by  EPA with  potentially re-
                sponsible  parties  during each  fiscal
                year.
                  (b)  The state must  notify  EPA of
                such  negotiations in which  it intends
                to participate.
                  (c) The state is not foreclosed from
                signing a consent decree if it does not
                participate substantially in the negoti-
                ations.

                § 300.525  State involvement in removal ac-
                   tions.
                  (a)  States  may  undertake Fund-fi-
                nanced removal  actions pursuant to  a
                cooperative   agreement  with  EPA.
                State-lead removal actions taken pur-
                suant to cooperative agreements must
                be  conducted  in  accordance  with
                § 300.415 on  removal actions, and 40
                CFR part 35, subpart O.
                  (b)  States  are not required under
                section 104(c)(3) of CERCLA to  share
                in the cost of a Fund-financed removal
                action, unless the removal is conduct-
                ed at an NPL site that was operated by
                a state or political subdivision at  the
time  of  disposal  of hazardous sub-
stances therein  and a  Fund-financed
remedial action is ultimately under-
taken  at the site. In  this situation,
states are required to share, 50 percent
or greater, in the cost  of  all  removal
(including remedial planning) and  re-
medial action costs at the  time of the
remedial action.
  (c) States are encouraged to provide
for post-removal site  control as dis-
cussed in § 300.415(k) for  all  Fund-fi-
nanced removal actions.
  (d)  States  shall be  responsible  for
identifying potential state  ARARs  for
all Fund-financed removal  actions and
for providing such ARARs  to EPA in a
timely manner for all EPA-lead remov-
al actions.
  (e) EPA shall consult with a state on
all removal actions to be conducted in
that state.

   Subpart G—Trustees for Natural
              Resources

  SOURCE 55 FR 8857, Mar. 8. 1990, unless
otherwise noted.

§ 300.600  Designation of federal trustees.
  (a) The President is required to des-
ignate in the National Contingency
Plan those federal officials who are to
act on behalf of the public as trustees
for natural resources. Federal officials
so designated will act pursuant to sec-
tion  107(f)  of CERCLA  and section
311(f K5) of the Clean Water Act. Nat-
ural resources include:
  (1) Natural resources over which the
United  States has  sovereign rights;
and
  (2) Natural resources within the ter-
ritorial sea, contiguous zone, exclusive
economic zone, and  outer  continental
shelf  belonging  to. managed by, held
in trust by, appertaining to, or other-
wise  controlled  (hereinafter  referred
to as  "managed  or protected") by the
United States.
  (b)  The following individuals  shall
be the designated trusteed) for gener-
al categories of  natural resources.
They are authorized to act pursuant
to section 107(f) of CERCLA or sec-
tion 311(f)(5)  of the Clean Water Act
when there is injury to. destruction of,
loss of. or threat to natural resources
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                 § 300.605
         40 CFR Ch. I (7-1-91 Edition)
                 as a result of a release of a hazardous
                 substance  or a discharge of  oil.  Not-
                 withstanding the other designations in
                 this section, the Secretaries  of Com-
                 merce and the Interior shall  act  as
                 trustees of those resources subject to
                 their respective management or pro-
                 tection.
                  (1) Secretary of Commerce. The Sec-
                 retary of Commerce shall act as trust-
                 ee  for natural  resources managed  or
                 protected by the Department of Com-
                 merce or by other federal agencies and
                 that are found in or under waters nav-
                 igable by  deep draft vessels, in  or
                 under tidally  influenced waters,  or
                 waters of the contiguous zone, the ex-
                 clusive  economic zone, and the outer
                 continental shelf, and in upland areas
                 serving  as habitat for  marine mam-
                 mals  and  other  protected   species.
                 However, before the  Secretary takes
                 an  action with  respect to an affected
                 resource under the  management  or
                 protection of another federal agency,
                 he shall, whenever  practicable, seek to
                 obtain the concurrence of that other
                 federal agency. Examples of the Secre-
                 tary's trusteeship include marine  fish-
                 ery  resources   and their supporting
                 ecosystems; anadromous fish; certain
                 endangered species and marine mam-
                 mals; and National Marine Sanctuaries
                 and Estuarine Research Reserves.
                  (2)  Secretary of the  Interior.  The
                 Secretary of the Interior shall act  as
                 trustee for natural  resources managed
                 or protected by the Department of the
                 Interior. Examples of the Secretary's
                 trusteeship include migratory birds;
                 certain  anadromous fish, endangered
                 species, and marine mammals; federal-
                 ly owned minerals; and certain federal-
                 ly managed water resources. The Sec-
                 retary of  the  Interior  shall also be
                 trustee for those natural resources for
                 which an Indian tribe would otherwise
                 act as trustee in those cases where the
                 United  States  acts on behalf of the
                 Indian tribe.
                  (3) Secretary for the land managing
                 agency.  For natural resources located
                 on, over, or  under land administered
                 by the United States, the trustee shall
                 be  the  head of the  Department  in
                 which the land managing agency  is
                 found. The trustees for the principal
                 federal  land managing agencies are
                 the Secretaries  of the Department of
the Interior, the Department of Agri-
culture, the Department of Defense,
and the Department of Energy.
  (4) Head of authorized agencies. For
natural   resources  located  in  the
United States  but not otherwise de-
scribed  in  this  section,  the  trustee
shall  be the  head  of  the  federal
agency  or  agencies  authorized  to
manage or protect those resources.

§ 300.605  State trustees.
  State trustees shall act  on behalf of
the public as trustees for natural re-
sources within  the boundary of a state
or  belonging  to, managed by, con-
trolled by, or appertaining  to such
state.  For the  purposes of  subpart G
of this part, the definition of the term
state does not include Indian tribes.

§ 300.610  Indian tribes.
  The tribal chairmen  (or heads of the
governing bodies) of Indian tribes, as
defined  in § 300.5,  or  a person desig-
nated  by the tribal  officials, shall act
on behalf of the Indian tribes as trust-
ees for the natural resources belonging
to,  managed by,  controlled  by,  or ap-
pertaining to  such Indian tribe,  or
held in trust for the  benefit of such
Indian tribe, or belonging  to a member
of such Indian tribe, if such resources
are subject to a trust restriction  on
alienation. When the  tribal chairman
or head of the tribal  governing body
designates another person  as trustee,
the tribal chairman or  head  of the
tribal  governing body shall  notify the
President of such  designation. Such
officials are  authorized  to  act when
there is injury to, destruction of, loss
of, or  threat to natural resources as a
result  of a release of a hazardous sub-
stance.

§ 300.615  Responsibilities of trustees.
  (a) Where  there are multiple trust-
ees, because  of coexisting or contigu-
ous natural  resources or concurrent
jurisdictions, they  should  coordinate
and cooperate in carrying out these re-
sponsibilities.
  (b) Trustees are responsible for des-
ignating to the RRTs,  for inclusion in
the Regional Contingency  Plan,  ap-
propriate contacts to receive notifica-
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                 Environmental Protection Agency
                           § 300.700
                 tions from the OSCs/RPMs of poten-
                 tial injuries to natural resources.
                   (c) Upon notification or discovery of
                 injury to,  destruction of, loss of, or
                 threat to natural resources,  trustees
                 may, pursuant  to section 107(f) of
                 CERCLA or section 311(f)(5) of the
                 Clean Water Act, take the following or
                 other actions as appropriate:
                   (1) Conduct a preliminary survey of
                 the  area affected by the discharge or
                 release to determine if trust resources
                 under their jurisdiction are. or poten-
                 tially may be, affected;
                   (2) Cooperate with the OSC/RPM in
                 coordinating  assessments,  investiga-
                 tions, and planning;
                   (3) Carry out damage  assessments;
                 or
                   (4) Devise and carry out a  plan for
                 restoration,  rehabilitation,   replace-
                 ment, or acquisition of equivalent nat-
                 ural resources. In assessing damages to
                 natural resources, the  federal, state,
                 and  Indian tribe trustees have the
                 option of following the procedures for
                 natural resource damage assessments
                 located at 43 CFR part 11.
                   (d) The authority of federal trustees
                 includes, but is not limited to the fol-
                 lowing actions:
                   (1) Requesting  that  the  Attorney
                 General  seek  compensation from the
                 responsible parties for the damages as-
                 sessed and for the costs of an assess-
                 ment and of restoration planning; and
                   (2) Participating in negotiations be-
                 tween the United States and potential-
                 ly responsible parties (PRPs) to obtain
                 PRP-financed or  PRP-conducted as-
                 sessments and restorations for injured
                 resources or protection for threatened
                 resources and  to  agree  to covenants
                 not to sue, where appropriate.
                   (3) Requiring, in consultation  with
                 the lead  agency, any person to comply
                 with . the requirements  of  CERCLA
                 section  104(e)  regarding  information
                 gathering and access.    _  -'
                   (e) Actions which may  be  taken by
                 any  trustee pursuant to section 107(f)
                 of CERCLA or section 311(f)(5) of the
                 Clean Water Act include, but are not
                 limited to, any of the following:
                   (1) Requesting that an authorized
                 agency issue an administrative order
                 or pursue injunctive relief against the
                 parties responsible for  the discharge
                 or release; or
  (2) Requesting that the lead agency
remove, or arrange for the removal of,
or provide for remedial action with re-
spect to,  any hazardous substances
from a contaminated  medium pursu-
ant to section 104 of CERCLA.

  Subpart H—Participation by Other
               Persons

  SOCKCE: 55 FR 8858, Mar. 8. 1990, unless
others-ise noted.

§ 300.700  Activities by other persons.

  (a)  General. Any person may under-
take  a  response  action  to reduce or
eliminate a release of a hazardous sub-
stance, pollutant, or contaminant.
  (b)  Summary of CERCLA  authori-
ties. The mechanisms  available to re-
cover the costs  of  response  actions
under CERCLA are, in summary:
  (1)  Section  107(a),  wherein  any
person may receive a  court  award of
his or her response costs, plus interest,
from the party or parties found to be
liable;
  (2)  Section lll(a)(2), wherein a pri-
vate  party, a  potentially responsible
party pursuant to a settlement agree-
ment, or certain  foreign  entities may
file a claim against the Fund for reim-
bursement of response  costs;
  (3)  Section  106(b).  wherein  any
person who has complied with a sec-
tion  106(a) order may  petition  the
Fund for reimbursement of reasonable
costs, plus interest; and
  (4)  Section  123, wherein a general
purpose  unit of local government may
apply to the Fund under 40 CFR part
310 for reimbursement of the costs of
temporary emergency measures that
are necessary  to prevent  or mitigate
injury to human  health  or  the envi-
ronment associated with a release.
  (c)  Section 107(a)  cost  recovery ac-
tions. (1) Responsible parties shall be
liable for all  response costs incurred
by the United States government or a
State or an Indian tribe not inconsist-
ent with the NCP.
  (2)  Responsible  parties  shall  be
liable for necessary costs of response
actions  to releases of  hazardous sub-
stances incurred by any other person
consistent with the NCP~
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                § 300.700
         40 CFR Ch. I (7-1-91 Edition)
                  (3) For the purpose of cost recovery
                under    section    107(a)(4KB)    of
                CERCLA:
                  (i) A  private party response action
                will be considered "consistent with the
                NCP" if the action, when evaluated as
                a whole, is  in substantial compliance
                with the  applicable  requirements in
                paragraphs  (c)(5) and (6) of this  sec-
                tion, and results in  a CERCLA-quality
                cleanup;
                  (ii) Any response action carried  out
                in compliance with the terms of  an
                order issued by EPA  pursuant to  sec-
                tion 106 of  CERCLA, or a  consent
                decree entered into pursuant  to  sec-
                tion 122 of  CERCLA, will be  consid-
                ered "consistent with the NCP."
                  (4) Actions under § 300.700(0(1)  will
                not be  considered  "inconsistent with
                the   NCP,"  and   actions   under
                § 300.700(0(2) will  not be considered
                not "consistent with the NCP," based
                on  immaterial  or insubstantial devi-
                ations from  the provisions of 40 CFR
                part 300.
                  (5) The following provisions  of this
                part are potentially applicable to  pri-
                vate party response  actions:
                  (i) Section 300.150 (on worker health
                and safety);
                  (ii) Section 300.160  (on documenta-
                tion and cost recovery);
                  (iii) Section 300.400(0(1),  (4),  (5),
                and (7) (on determining the need for a
                Fund-financed action); (e) (on  permit
                requirements) except  that the  permit
                waiver does not apply to private party
                response actions; and (g)  (on identifi-
                cation of ARARs) except that applica-
                ble  requirements of federal  or state
                law may not be waived by a private
                party;
                  (iv) Section  300.405(b),  (c), and  (d)
                (on reports of releases to the NRC);
                  (v) Section 300.410 (on removal site
                evaluation)  except  paragraphs (e)(5)
                and (6);
                  (vi) Section 300.415  (on removal  ac-
                tions)   except  paragraphs   (a)(2),
                (b)(2)(vii), (b)(5), and (f); and includ-
                ing § 300.415(i) with regard to meeting
                ARARs  where practicable except that
                private  party removal  actions must
                always comply with the requirements
                of applicable law;
                  (vii) Section  300.420  (on remedial
                site evaluation);
  (viii) Section 300.430 (on RI/FS and
selection of remedy) except paragraph
(f)(l)(ii)(C)(6) and that applicable re-
quirements of federal  or state law may
not be waived by a private party; and
  (ix)  Section 300.435  (on RD/RA and
operation and maintenance).
  (6)  Private parties  undertaking re-
sponse actions should provide  an op-
portunity for public comment concern-
ing the  selection  of  the  response
action based on the provisions set out
below,  or   based  on substantially
equivalent  state  and local require-
ments. The following provisions of this
part regarding public participation are
potentially  applicable to private party
response actions, with the exception of
administrative record  and  information
repository requirements stated there-
in:
  (i) Section  300.155  (on public infor-
mation and community relations);
  (ii) Section 300.415(m) (on communi-
ty relations during removal actions);
  (iii)  Section 300.430(0 (on communi-
ty  relations  during  RI/FS)  except
paragraph (c)(5);
  (iv) Section 300.430(f)(2). (3), and (6)
(on community relations during selec-
tion of remedy); and
  (v) Section 300.435(0 (on community
relations  during  RD/RA  and  oper-
ation and maintenance).
  (7) When selecting  the  appropriate
remedial action, the methods of reme-
dying  releases listed in Appendix D of
this part may also be appropriate to a
private party response action.
  (8) Except for actions taken  pursu-
ant to CERCLA sections 104 or 106 or
response actions for which reimburse-
ment from  the Fund will be sought,
any action  to be taken by the lead
agency  listed in  paragraphs  (c)(5)
through (c)(7) may be taken by the
person carrying  out  the  response
action.
  (d) Section HUa)<.2) claims. (1) Per-
sons, other  than those listed in para-
graphs (d)UXi) through (iii) of  this
section, may be able to receive reim-
bursement of response costs  by means
of a claim against the Fund-  The cate-
gories  of persons excluded from pursu-
ing this claims authority are:
  (i) Federal government;
  (ii) State governments, and their po-
litical subdivisions, unless they are po-
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                 Environmental Protection Agency
                           §300.800
                 tentially  responsible  parties covered
                 by an order or consent decree  pursu-
                 ant to section 122 of CERCLA; and
                  (iii) Persons operating under  a pro-
                 curement  contract or  an assistance
                 agreement  with  the  United  States
                 with respect to matters  covered by
                 that contract or assistance agreement,
                 unless specifically provided therein.
                  (2) In order to be reimbursed  by the
                 Fund, an eligible person  must  notify
                 the Administrator  of EPA or designee
                 prior to taking a response action and
                 receive prior approval, i.e., "preauthor-
                 ization," for such action.
                  (3) Preauthorization is  EPA's prior
                 approval to submit a claim against the
                 Fund for necessary response costs in-
                 curred  as a result of carrying out the
                 NCP. All applications for preauthori-
                 zation  will  be reviewed to determine
                 whether  the request should receive
                 priority for funding. EPA,  in its  discre-
                 tion, may grant preauthorization of &
                 claim. Preauthorization will be consid-
                 ered only for:
                  (i)  Removal  actions  pursuant to
                 I 300.415;
                  (ii) CERCLA section  104(b)  activi-
                 ties; and
                  (Iii) Remedial actions  at  National
                 Priorities   List  sites  pursuant  to
                 § 300.435.
                  (4) To receive EPA's prior approval,
                 the eligible person must:
                  (i)  Demonstrate technical and other
                 capabilities to respond safely and ef-
                 fectively to releases of hazardous sub-
                 stances, pollutants, or  contaminants;
                 and
                  (ii) Establish that the action will be
                 consistent with the NCP in accordance
                 with the elements set forth in para-
                 graphs (c)(5) through (8) of this sec-
                 tion.
                  (5) EPA will grant preauthorization
                 to  a  claim by a party  it determines to
                 be potentially liable under section 107
                 of  CERCLA only in accordance with
                 an order issued pursuant to section
                 106 of CERCLA, or a settlement with
                 the federal government in accordance
                 with section 122 of CERCLA.
                  (6) Preauthorization does not estab-
                 lish  an enforceable contractual rela-
                 tionship between EPA and the claim-
                 ant.
                  (7)   Preauthorization   represents
                 EPA's commitment that if funds are
appropriated for response actions, the
response action is conducted in accord-
ance with  the  preauthorization deci-
sion document, and costs are reasona-
ble and necessary, reimbursement will
be made from  the  Superfund. up  to
the maximum amount provided in the
preauthorization decision document.
  (8) For a claim  to be awarded under
section  111 of CERCLA,  EPA  must
certify that the costs were necessary
and consistent with the preauthoriza-
tion decision document.
  (e) Section 106(b) petition.  Subject
to conditions specified  in CERCLA
section  106(b),  any person who has
complied with  an order issued  after
October  16, 1986 pursuant to section
106(a)  of CERCLA, may  seek  reim-
bursement  for response costs incurred
in complying with  that order unless
the person  has waived that right.
  (f) Section  123 reimbursement  to
iocaZ governments.  Any general  pur-
pose unit of local  government for a po-
litical subdivision that is affected by a
release may receive reimbursement for
the  costs  of temporary  emergency
measures 'necessary to prevent or miti-
gate injury to  human health or the
environment subject to the conditions
set forth in 40 CFR part 310. Such re-
imbursement may not exceed $25,000
for a single response.
  (g) Release from liability. Implemen-
tation of response measures by poten-
tially responsible parties or  by any
other person does not release those
parties  from liability under section
107(a) of CERCLA, except as provided
in a settlement under section 122  of
CERCLA or a federal  court judgment.

Subpart I—Administrative Record for
    Selection of Response Action

  SOURCE 55 PR 8859, Mar. 8, 1990. unless
otherwise noted.

§ 300.800  Establishment of an administra-
   tive record.
  (a) General requirement.  The  lead
agency shall establish an administra-
tive  record that  contains the docu-
ments that form  the basis for the se-
lection of a response action. The lead
agency shall compile and maintain the
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               § 300.805
         40 CFR Ch. I (7-1-91 Edition)
               administrative  record in  accordance
               with this subpart.
                 (b) Administrative records for feder-
               al facilities.  (1) If a federal agency
               other than EPA is the lead agency for
               a federal  facility,  the federal agency
               shall compile and maintain the admin-
               istrative record for the selection of the
               response action for that facility in ac-
               cordance with this subpart. EPA may
               furnish documents  which the federal
               agency shall  place in the administra-
               tive record file to ensure that the ad-
               ministrative record includes all  docu-
               ments that form the  basis for the se-
               lection of the response action.
                 (2) EPA or the U.S. Coast  Guard
               shall compile and maintain the admin-
               istrative  record when it  is the  lead
               agency for a federal facility.
                 (3) If EPA  is involved in the selec-
               tion of the response action at a federal
               facility  on   the NPL,  the  federal
               agency acting as the lead agency shall
               provide EPA  with a copy of the index
               of documents included in the adminis-
               trative record file,  the RI/FS work-
               plan,  the RI/FS released for public
               comment,  the  proposed  plan,  any
               public comments received on the RI/
               FS and proposed plan, and any other
               documents EPA  may request on  a
               case-by-case basis.
                 (c) Administrative record for state-
               lead sites. If a state is the lead agency
               for a site, the state shall compile and
               maintain the  administrative record for
               the selection  of the  response action
               for that site  in accordance with this
               subpart. EPA may require the state to
               place additional documents in the ad-
               ministrative record file to ensure  that
               the administrative record includes all
               documents which form the basis for
               the selection  of the response action.
               The state shall provide  EPA with  a
               copy of the index of documents includ-
               ed in the administrative  record  file,
               the RI/FS workplan,  the  RI/FS re-
               leased  for public comment, the  pro-
               posed plan, any public comments re-
               ceived  on the  RI/FS and proposed
               plan, and  any other documents EPA
               may request on a case-by-case basis.
                (d) Applicability.  This subpart  ap-
               plies to  all  response actions taken
               under  section  104 of  CERCLA or
               sought, secured, or ordered adminis-
tratively  or judicially under section
106 of CERCLA, as follows:
  (1) Remedial actions where the re-
medial investigation commenced after
the promulgation of these regulations;
and
  (2)  Removal  actions   where   the
action  memorandum is  signed after
the promulgation of these regulations.
  (e) For those response actions not in-
cluded in paragraph (d) of this section,
the lead agency shall comply with this
subpart to the extent practicable.

§ 300.805  Location of the  administrative
    record file.
  (a) The lead agency shall establish a
docket at an office of the lead agency
or other central location at which doc-
uments included in  the administrative
record file shall be located and a copy
of the  documents included in the ad-
ministrative record  file shall  also be
made available for public inspection at
or near the site at issue, except as pro-
vided below:
  (1) Sampling and  testing data, qual-
ity control and quality assurance docu-
mentation,   and  chain   of   custody
forms, need not be  located at or near
the site at issue or at the central loca-
tion, provided that the index to  the
administrative record file indicates the
location and availability of this infor-
mation.
  (2) Guidance documents not gener-
ated specifically for the  site at issue
need not be located  at or  near the site
at issue, provided that they are main-
tained at the central location and  the
index to the administrative record  file
indicates  the  location and availability
of these guidance documents.
  (3) Publicly available technical liter-
ature  not generated  for  the  site at
issue, such as engineering textbooks,
articles from technical journals,  and
toxicological profiles, need not be lo-
cated at or near the site at issue or at
the central location, provided that the
literature is listed in the  index to the
administrative record file or the litera-
ture is cited in a  document  in  the
record.
  (4) Documents included in the confi-
dential portion of the administrative
record file shall be located only in the
central location.
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                Environmental Protection Agency
                           §300.810
                  (5) The administrative record for  a
                removal action where the release or
                threat of release requires that on-site
                removal activities be initiated within
                hours of the lead agency's determina-
                tion that a removal is appropriate and
                on-site removal activities cease within
                30 days of initiation, need be available
                for public inspection only at the cen-
                tral location.
                  (b) Where documents are placed in
                the central location but not in the file
                located at or near the site, such docu-
                ments shall be added to the file locat-
                ed  at or near the site  upon  request.
                except  for  documents  included  in
                paragraph (a)(4) of this section.
                  (c) The lead agency may make  the
                administrative record file available to
                the public in microform.

                §300.810  Contents of the administrative
                    record file.
                  (a)  Contents.   The   administrative
                record file for selection of a response
                action  typically,  but not in all cases,
                will contain the following types of doc-
                uments:
                  (1) Documents containing factual in-
                formation, data  and analysis  of  the
                factual  information, and  data  that
                may form a basis for the selection of a
                response action. Such documents may
                include verified sampling data, quality
                control and quality assurance docu-
                mentation,  chain of custody forms,
                site inspection reports, preliminary as-
                sessment and site evaluation  reports,
                ATSDR  health  assessments,  docu-
                ments supporting the lead agency's de-
                termination of imminent and substan-
                tial endangerment, public health eval-
                uations, and technical and engineering
                evaluations. In addition, for remedial
                actions, such  documents may  include
                approved workplans for the remedial
                investigation/feasibility  study,  state
                documentation of applicable  or rele-
                vant  and  appropriate  requirements,
                and the RI/FS;
                  (2) Guidance  documents, technical
                literature,   and  site-specific   policy
                memoranda that may form a basis for
                the selection  of  the response action.
                Such documents may include guidance
                on conducting remedial investigations
                and feasibility studies, guidance on de-
                termining applicable or relevant and
                appropriate requirements, guidance on
risk/exposure assessments, engineer-
ing handbooks, articles from technical
journals, memoranda on  the  applica-
tion of a specific regulation to a site,
and memoranda on of f-site disposal ca-
pacity;
  (3)  Documents received,  published,
or made available to the public under
§ 300.815  for  remedial  actions,  or
§ 300.820  for removal  actions. Such
documents may include notice of avail-
ability  of  the  administrative record
file, community relations  plan,  pro-
posed plan for remedial action, notices
of  public  comment  periods, public
comments and information received by
the lead agency, and  responses to sig-
nificant comments;
  (4) Decision documents. Such docu-
ments may include action memoranda
and records of decision;
  (5) Enforcement orders. Such docu-
ments  may   include   administrative
orders and consent decrees; and
  (6)  An index  of the  documents  in-
cluded  in  the  administrative record
file.  If  documents are  customarily
grouped together,  as with sampling
data chain of custody documents, they
may be listed as a group  in the index
to the administrative record file.
  (b)  Documents not included in the
administrative  record file. The  lead
agency is not required to include docu-
ments in the administrative record file
which do not form a  basis for the se-
lection  of the response action. Such
documents include but are not limited
to  draft documents,  internal memo-
randa,  and day-to-day notes  of staff
unless such  documents  contain infor-
mation that  forms the  basis  of selec-
tion of the response action and the in-
formation is  not included  in any other
document in  the administrative record
file.
  (c) Privileged  documents. Privileged
documents shall not be included in the
record file except as provided  in para-
graph (d) of this section or where such
privilege is  waived. Privileged docu-
ments include but are not limited to
documents subject to  the attorney-
client, attorney work product, deliber-
ative process, or other applicable privi-
lege.
  (d) Confidential file. If information
which forms  the basis for the selection
of a response action is included only in
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                 §300.815
         40 CFR Ch. I (7-1-91 Edition)
                 a document containing confidential or
                 privileged information and is not oth-
                 erwise available  to the public, the in-
                 formation, to the extent feasible, shall
                 be summarized  in such  a. way  as  to
                 make it disclosable and the summary
                 shall be  placed  in the publicly  avail-
                 able  portion  of  the administrative
                 record file. The confidential or privi-
                 leged document  itself shall be placed
                 in the confidential portion of the ad-
                 ministrative record  file.  If  informa-
                 tion, such as confidential business in-
                 formation, cannot be summarized in a
                 disclosable manner,  the  information
                 shall be placed only in the confidential
                 portion .of the  administrative  record
                 file.  All  documents contained in the
                 confidential portion of the administra-
                 tive record file shall  be  listed in the
                 index to the file.

                 § 300.815   Administrative record file for a
                    remedial action.
                   (a) The administrative record file for
                 the selection of a remedial action shall
                 be made available for public inspection
                 at the commencement of the remedial
                 investigation phase. At such time, the
                 lead  agency shall publish in a major
                 local newspaper  of general circulation
                 a  notice of the availability of the ad-
                 ministrative record file.
                   (b) The lead agency shall provide  a
                 public comment  period as specified in
                 § 300.430(f)(3)  so that interested per-
                 sons may submit comments on the se-
                 lection of the  remedial  action for in-
                 clusion in  the administrative record
                 file. The  lead agency is encouraged to
                 consider and respond as appropriate to
                 significant  comments that were sub-
                 mitted prior  to  the  public comment
                 period. A written response to signifi-
                 cant  comments submitted during the
                 public comment period shall be includ-
                 ed in the  administrative record file.
                  (c)  The lead  agency  shall  comply
                 with  the  public participation  proce-
                 dures required in  § 300.430(f)(3) and
                 shall document such compliance in the
                 administrative record.
                  (d) Documents generated or received
                 after the record of decision is signed
                 shall be  added to  the administrative
                 record  file  only  as  provided  in
                 § 300.825.
 § 300.820 Administrative record file for a
    removal action.
  (a) If, based on the site evaluation,
 the lead agency determines that a re-
 moval action is appropriate and that a
 planning period of at least six months
 exists before on-site removal activities
 must be initiated:
  (1) The administrative record file
 shall be made available for public in-
 spection when the engineering evalua-
 tion/cost analysis (EE/CA)  is made
 available for public comment. At such
 time, the lead agency shall publish in
 a major local newspaper of general cir-
 culation a notice of the  availability of
 the administrative record file.
  (2) The lead agency shall provide a
 public comment period as specified in
 § 300.415  so  that interested persons
 may submit comments on the selection
 of the removal action for inclusion in
 the administrative  record  file.  The
 lead agency is encouraged to consider
 and respond, as appropriate, to signifi-
 cant comments that were submitted
 prior to the public comment period. A
 written  response  to  significant com-
 ments  submitted during the  public
 comment period  shall be included  in
 the administrative record file.
  (3) The  lead agency  shall comply
 with the public  participation  proce-
 dures  of § 300.415(m) and shall docu-
 ment         compliance        with
 § 300.415(m)(3)(i)  through (iii) in the
 administrative record file.
  (4) Documents generated or received
 after the decision document is signed
 shall be added to the  administrative
 record  file   only  as   provided   in
 § 300.825.
  (b) For all  removal actions not in-
 cluded in paragraph (a) of this section:
  (1) Documents included in the ad-
 ministrative record file  shall be made
 available for public inspection no later
 than 60 days after initiation of on-site
 removal activity.  At such  time,  the
 lead agency shall publish in a  major
 local newspaper of general circulation
 a notice of availability of the adminis-
 trative record file.
  (2) The lead agency shall, as appro-
priate,  provide  a  public  comment
period of not less than 30 days begin-
ning at  the time the administrative
record file is made available to  the
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                Environmental Protection Agency
                           §300.905
                public. The lead agency is encouraged
                to consider and respond, as appropri-
                ate, to significant comments that were
                submitted prior to the public comment
                period.  A written  response  to  signifi-
                cant comments submitted during  the
                public comment period shall be includ-
                ed in the administrative record file.
                  (3) Documents generated or received
                after the decision document is signed
                shall be added to  the administrative
                record  file  only  as   provided   in
                § 300.825.

                § 300.825  Record requirements after the
                    decision document is signed.
                  (a) The lead agency may  add docu-
                ments to the administrative record file
                after the decision document selecting
                the response action has been signed if:
                  (1) The documents concern a portion
                of a response action decision that the
                decision document does not address or
                reserves to  be decided at a later date;
                or
                  (2) An explanation of significant dif-
                ferences required by § 300.435(c), or an
                amended  decision  document is issued,
                in which  case, the explanation of sig-
                nificant differences or amended deci-
                sion document and all documents that
                form the  basis for  the  decision  to
                modify  the response action shall be
                added to  the administrative  record
                file.
                  (b) The lead agency may hold addi-
                tional  public  comment  periods  or
                extend the  time for the submission of
                public comment after a decision docu-
                ment has "been signed on any issues
                concerning  selection  of the response
                action. Such comment shall be  limited
                to the issues for which the lead agency
                has requested additional comment. All
                additional comments submitted during
                such comment periods that are respon-
                sive to  the  request, and any response
                to these comments, along with docu-
                ments supporting the request and any
                final decision with respect to the issue,
                shall be placed in the administrative
                record file.
                  (c) The lead agency is required to
                consider comments submitted by inter-
                ested persons  after the  close  of  the
                public comment  period  only  to  the
                extent that the comments contain sig-
                nificant information  not  contained
                elsewhere in the administrative record
file which could not have been submit-
ted during the public comment period
and which  substantially support  the
need to  significantly  alter  the  re-
sponse action. All such comments  and
any responses thereto shall be placed
in the administrative record file.

  Subpart J—Use of Dicpersants and
           Other Chemicals

  SOURCE: 55 FR 8861, Mar. 8. 1990, unless
otherwise noted.

§ 300.900  General.
  (a) Section 311(c)(2)(G) of the Clean
Water Act requires that EPA prepare
a  schedule of dispersants and other
chemicals, if any, that may be used in
carrying out  the NCP. This subpart
makes provisions for such a schedule.
  (b) This subpart applies to the navi-
gable waters of the United States  and
adjoining shorelines, the waters of the
contiguous  zone, and the  high seas
beyond the contiguous zone in connec-
tion with  activities under the  Outer
Continental Shelf Lands Act, activities
under the Deepwater Port Act of 1974,
or  activities that may  affect natural
resources belonging to, appertaining
to, or under the exclusive management
authority of the United States, includ-
ing  resources  under the Magnuson
Fishery  Conservation  and  Manage-
ment Act of 1976.
  (c) This subpart applies to the use of
any chemical agents or other additives
as  defined  in subpart A of  this part
that may be used to remove or control
oil discharges.

§ 300.905  NCP Product Schedule.
  (a) Oil Discharges.  (1)  EPA shall
maintain a schedule of dispersants  and
other chemical or biological products
that may be authorized for use on oil
discharges in accordance with the pro-
cedures  set  forth in §300.910. This
schedule,  called  the  NCP Product
Schedule, may be obtained from  the
Emergency Response  Division (OS-
210), U.S.  Environmental Protection
Agency.  Washington, DC  20460. The
telephone number is 1-202-382-2190.
  (2) Products may be  added  to  the
NCP Product Schedule by the process
specified in 5 300.920.
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                  §300.910
         40 CFR Ch. I (7-1-91 Edition)
                   (b) Hazardous  Substance Releases
                  [Reserved].

                  § 300.910  Authorization of use.
                   (a) The OSC, with the concurrence
                  of the EPA representative to the RRT
                  and,  as  appropriate,  the concurrence
                  of the RRT representatives  from the
                  states with jurisdiction over the navi-
                  gable waters threatened by the release
                  or discharge, and in consultation with
                  the  DOC and DOI natural resource
                  trustees,  when  practicable,  may  au-
                  thorize the  use of dispersants, surface
                  collecting agents,  biological  additives,
                  or  miscellaneous  oil  spill  control
                  agents on the oil discharge, provided
                  that the  dispersants, surface collecting
                  agents, biological additives, or  miscel-
                  laneous  oil  spill  control  agents  are
                  listed on the NCP Product Schedule.
                   (b) The OSC,  with the concurrence
                  of the EPA representative to the RRT
                  and, as  appropriate,  the  concurrence
                  of the RRT representatives  from the
                  states with  jurisdiction over  the navi-
                  gable waters threatened by the release
                  or discharge, and in consultation with
                  the  DOC and DOI natural resource
                  trustees,   when  practicable,  may  au-
                  thorize the use of burning agents on a
                  case-by-case basis.
                   (c) The OSC may authorize the use
                  of any  dispersant, surface collecting
                  agent, other chemical agent, burning
                  agent, biological additive, or miscella-
                 neous oil spill control agent, including
                 products not listed on the NCP Prod-
                 uct Schedule, without  obtaining  the
                 concurrence of the EPA representative
                 to the RRT, the RRT representatives
                 from the states  with jurisdiction over
                 the  navigable waters  threatened by
                 the release or discharge, when, in  the
                 judgment of the OSC, the use of  the
                 product is necessary to prevent or sub-
                 stantially reduce a hazard to human
                 life.  The OSC is to inform  the EPA
                 RRT representative and, as appropri-
                 ate, the RRT representatives from the
                 affected  states and, when practicable,
                 the DOC/DOI natural resource  trust-
                 ees of the use of a product not on  the
                 Schedule as soon as possible and, pur-
                 suant to  the provisions in paragraph
                 (a) of this section, obtain their concur-
                 rence or  their comments on its contin-
                 ued use once the threat to human  life
                 has subsided.
  (d) Sinking agents shall  not be au-
 thorized  for application  to  oil  dis-
 charges.
  (e) RRTs shall, as appropriate, con-
 sider, as part of their planning activi-
 ties,  the appropriateness of using the
 dispersants,  surface collecting agents,
 biological  additives,  or  miscellaneous
 oil spill control agents  listed on the
 NCP Product Schedule, and the appro-
 priateness of  using burning agents.
 Regional Contingency Plans (RCPs)
 shall, as appropriate, address the use
 of such products in specific  contexts.
 If the RRT representatives from the
 states  with  jurisdiction  over   the
 waters  of the area  to which an RCP
 applies and the DOC and DOI natural
 resource trustees approve in advance
 the use of certain products under spec-
 ified circumstances as described in the
 RCP, the OSC may authorize the use
 of the products without obtaining the
 specific  concurrences  described  in
 paragraphs (a) and (b) of this section.

 § 300.915 Data requirements.
  (a) Dispersants. (1) Name, brand, or
 trademark,  if any,  under  which  the
 dispersant is sold.
  (2) Name, address, and  telephone
 number of the manufacturer, import-
 er, or vendor.
  (3) Name, address, and  telephone
 number of  primary  distributors  or
 sales outlets.
  (4) Special handling and worker pre-
 cautions for  storage and field applica-
 tion.  Maximum  and minimum storage
 temperatures,  to  include   optimum
 ranges  as  well  as temperatures that
 will cause phase separations, chemical
 changes, or other alterations to the ef-
 fectiveness of the product.
  (5) Shelf life.
  (6) Recommended  application proce-
 dures, concentrations, and  conditions
 for use depending upon water salinity,
 water temperature, types and ages  of
 the pollutants, and any other applica-
 tion restrictions.
  (7)  Dispersant  Toxicity. Use stand-
 ard toxicity test methods described in
 Appendix C to part 300.
  (8) Effectiveness. Use standard effec-
tiveness test methods described in Ap-
pendix C to  part 300. Manufacturers
are also encouraged to provide data on
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                Environmental Protection Agency
                           §300.915
                product performance under conditions
                other than  those captured by  these
                tests.
                 (9) The following data requirements
                incorporate  by   reference  standards
                from the 1988 Annual Book of ASTM
                Standards. American Society for Test-
                ing and Materials.  1916 Race Street,
                Philadelphia,   Pennsylvania   19103.
                This incorporation by  reference was
                approved by the Director of the Feder-
                al Register in accordance with 5 U.S.C.
                552(a) and 1 CFR part 51.'
                 (i) Flash Point—Select  appropriate
                method from the following:
                 (A) ASTM—D 56-87, "Standard Test
                Method for Flash Point  by Tag Closed
                Tester";
                 (B) ASTM—D 92-85, "Standard Test
                Method for  Flash and Fire  Points by
                Cleveland Open Cup";
                 (C) ASTM—D 93-85, "Standard Test
                Methods for Flash Point by Pensky-
                Martens Closed Tester";
                 (D)  ASTM—D  1310-86, "Standard
                Test Method for Flash Point and Fire
                Point of Liquids by Tag  Open-Cup Ap-
                paratus"; or
                 (E)  ASTM—D  3278-82, "Standard
                Test Methods for Flash Point of Liq-
                uids by  Setaflash Closed-Cup Appara-
                tus."
                 (ii) Pour Point—Use  ASTM—D 97-
                87,  "Standard Test Method for Pour
                Point of Petroleum Oils."
                 (iii) Viscosity—Use ASTM—D 445-86,
                "Standard Test Method for Kinematic
                Viscosity of Transparent and Opaque
                Liquids  (and the  Calculation of Dy-
                namic Viscosity)."
                 (iv) Specific  Gravity—Use ASTM—D
                1298-85, "Standard Test  Method  for
                Density, Relative  Density (Specific
                Gravity), or API Gravity of Crude Pe-
                troleum and Liquid Petroleum  Prod-
                ucts by Hydrometer Method."
                 (v)  pH—Use   ASTM—D  1293-84.
                "Standard  Test  Methods for pH  of
                Water."
                 (10) Dispersing Agent Components.
                Itemize  by  chemical name and per-
                centage by weight each component of
                 1 Copies of  these standards may be ob-
                tained from the publisher. Copies may be
                inspected at the U.S. Environmental Protec-
                tion Agency,  401 M St., SW.. Room  LG,
                Washington. DC. or at the Office of the
                Federal Register, 1100 L Street. NW., Room
                8401, Washington. DC.
the total formulation.  The  percent-
ages will include maximum, minimum.
and average weights in order to reflect
quality control variations in manufac-
ture or formulation. In addition to the
chemical information provided in  re-
sponse to the first two sentences, iden-
tify the major components in at least
the following categories: surface active
agents, solvents, and additives.
  (11)  Heavy  Metals,  Cyanide,  and
Chlorinated    Hydrocarbons.   Using
standard  test  procedures, state the
concentrations or upper limits of the
following materials:
  (i)  Arsenic,  cadmium, chromium,
copper,   lead,  mercury,  nickel,  zinc,
plus any other metals that may be rea-
sonably expected to be in the sample.
Atomic  absorption methods should be
used and the detailed analytical meth-
ods and sample  preparation  shall be
fully described.
  (ii)  Cyanide. Standard  calorimetric
procedures should be used.
  (iii) Chlorinated hydrocarbons. Gas
chromatography  should be  used and
the detailed analytical methods and
sample  preparation shall be  fully  de-
scribed.
  (12) The technical product data sub-
mission shall include the identity of
the laboratory that performed the re-
quired tests, the  qualifications of the
laboratory staff,  including profession-
al biographical information  for indi-
viduals  responsible  for any tests, and
laboratory  experience  with  similar
tests.  Laboratories performing toxicity
tests for dispersant toxicity must dem-
onstrate previous toxicity test experi-
ence in order for  their results to be ac-
cepted.  It is the  responsibility of the
submitter to select competent analyti-
cal laboratories  based on the guide-
lines  contained herein.  EPA reserves
the right to refuse to accept a submis-
sion of technical  product data because
of lack of qualification of the analyti-
cal laboratory, significant variance  be-
tween submitted  data and any labora-
tory confirmation performed by EPA,
or  other circumstances  that would
result in inadequate or Inaccurate in-
formation on the  dispersing agent.
  (b)  Surface  collecting  agents.  (1)
Name, brand,  or trademark, if any,
under which the product is sold.
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                  §300.915
         40 CFR Ch. I  (7-1-91 Edition)
                   (2)  Name, address, and  telephone
                 number of the manufacturer, import-
                 er, or vendor.
                   (3)  Name, address, and  telephone
                 number  of  primary  distributors  or
                 sales outlets.
                   (4) Special handling and worker pre-
                 cautions for storage and field applica-
                 tion. Maximum and minimum storage
                 temperatures,  to  include   optimum
                 ranges as  well  as  temperatures that
                 will cause phase separations, chemical
                 changes, or other alterations to the ef-
                 fectiveness of the product.
                   (5) Shelf life.
                   (6) Recommended application  proce-
                 dures, concentrations, and  conditions
                 for use depending upon water salinity,
                 water temperature, types and ages of
                 the pollutants, and any other applica-
                 tion restrictions.
                   (7)  Toxicity. Use  standard toxicity
                 test methods described in Appendix C
                 to Part 300.
                   (8) The following data requirements
                 incorporate by  reference  standards
                 from  the 1988 Annual Book of ASTM
                 Standards. American Society for Test-
                 ing and  Materials,  1916 Race Street,
                 Philadelphia,   Pennsylvania    19103.
                 This  incorporation by  reference was
                 approved by the Director of the Feder-
                 al Register in accordance with 5 U.S.C.
                 552(a) and  1 CFR part 51.2
                   (i)  Flash  Point—Select appropriate
                 method from the following:
                   (A) ASTM—D 56-87, "Standard Test
                 Method for Flash Point by Tag Closed
                 Tester";
                   (B) ASTM—D 92-85, "Standard Test
                 Method for Flash and Fire  Points  by
                 Cleveland Open Cup";
                   (C) ASTM—D 93-85, "Standard Test
                 Methods for Flash Point by Pensky-
                 Martens Closed Tester";
                   (D)  ASTM—D 1310-86, "Standard
                 Test Method for Flash Point and Fire
                 Point of Liquids by Tag Open-Cup Ap-
                 paratus"; or
                   (E)  ASTM—D  3278-82, "Standard
                 Test Methods for Flash Point of Liq-
                   2 Copies of these standards may be ob-
                 tained from the publisher. Copies may be
                 inspected at the U.S. Environmental Protec-
                 tion Agency. 401  M St., SW., Room  LG,
                 Washington, DC,  or at the Office of the
                 Federal Register, 1100 L Street, NW., Room
                 8401, Washington,  DC.
uids by Setaflash Closed-Cup Appara-
tus."
  (ii) Pour Point—Use ASTM—D  97-
87, --Standard Test  Method for Pour
Point of Petroleum Oils."
  (iii) Viscosity—Use ASTM—D 445-86,
"Standard Test Method for Kinematic
Viscosity  of Transparent and Opaque
Liquids (and  the Calculation of Dy-
namic Viscosity)."
  (iv) Specific Gravity—Use ASTM—D
1298-85, "Standard  Test Method  for
Density,  Relative Density (Specific
Gravity), or API Gravity of Crude  Pe-
troleum and  Liquid  Petroleum Prod-
ucts by Hydrometer Method."
  (v)  pH—Use   ASTM—D  1293-84,
"Standard  Test Methods for pH  of
Water."
  (9) Test to Distinguish Between Sur-
face  Collecting  Agents and  Other
Chemical Agents.
  (i)  Method  Summary—Five millili-
ters of the chemical under test  are
mixed with 95  milliliters of distilled
water and allowed  to stand  undis-
turbed for one hour.  Then the volume
of  the upper phase  is determined  to
the nearest one  milliliter.
  (ii) Apparatus.
  (A)  Mixing  Cylinder: 100 milliliter
subdivisions and  fitted with a  glass
stopper.
  (B) Pipettes: Volumetric pipette,  5.0
milliliter.
  (C) Timers.
  (iii) Procedure—Add 95 milliliters of
distilled water at  22 °C, plus or minus
3 °C, to a 100 milliliter mixing cylin-
der. To the surface of the water in the
mixing cylinder, add 5.0 milliliters  of
the  chemical  under  test. Insert the
stopper and invert  the cylinder five
times in ten seconds. Set upright  for
one hour at 22 °C, plus or minus 3  °C,
and then measure the chemical layer
at  the surface  of the water. If the
major portion of  the chemical  added
(75 percent) is at the water surface  as
a  separate and easily  distinguished
layer, the product is  a surface collect-
ing agent.
  (10)  Surface Collecting Agent Com-
ponents. Itemize  by  chemical  name
and percentage by weight each compo-
nent of the total formulation. The per-
centages  should  include  maximum,
minimum,   and   average  weights   in
order to reflect quality control  vari-
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               Environmental Protection Agency
                                    §300.915
               atlons in manufacture or formulation.
               In addition to the chemical informa-
               tion provided in response to the first
               two sentences, identify the major com-
               ponents in at least the following cate-
               gories: surface action agents, solvents,
               and additives.
                 (11) Heavy  Metals,  Cyanide,  and
               Chlorinated   Hydrocarbons.   Follow
               specifications in paragraph (a)(15) of
               this section.
                 (12) Analytical Laboratory Require-
               ments  for  Technical Product Data.
               Follow  specifications  in  paragraph
               (a)(16) of this section.
                 (c)  Biological Additives.  (1) Name,
               brand,  or trademark,  if  any,  under
               which the additive is sold.
                 (2)  Name,  address, and telephone
               number of the manufacturer,  import-
               er, or vendor.
                 (3)  Name,  address, and telephone
               number  of  primary  distributors  or
               sales outlets.
                 (4) Special handling and worker pre-
               cautions for  storage and field applica-
               tion. Maximum and minimum  storage
               temperatures.
                 (5) Shelf life.
                 (6) Recommended application proce-
               dures, concentrations, and conditions
               for use, depending upon water salinity,
               water temperature, types and  ages of
               the pollutants, and any other applica-
               tion restrictions.
                 (7)  Statements and supporting data
               on the effectiveness of the additive, in-
               cluding degradation rates, and on the
               test conditions under which the effec-
               tiveness data were obtained.
                 (8) For microbiological cultures, fur-
               nish the following information:
                 (i). Listing  of all microorganisms by
               species.
                 (11) Percentage of each species in the
               composition of the additive.
                 (ill) Optimum pH, temperature, and
               salinity ranges for use of the additive,
               and maximum and minimum pH, tem-
               perature, and salinity levels above or
               below which the effectiveness of the
               additive is reduced to half its optimum
               capacity.
                 (iv) Special nutrient requirements. If
               any.
                 (v) Separate listing of the following,
               and test methods for such determina-
               tions: Salmonella, fecal coliform, Shi-
         gella, Staphylococcus Coagulase posi-
         tive, and Beta Hemolytic Streptococci.
           (9) For enzyme additives furnish the
         following information:
           (1) Enzyme name(s).
           (ii) International Union of Biochem-
         istry (I.U.B.) number(s).
           (iii) Source of the enzyme.
           (iv) Units.
           (v) Specific Activity.
           (vi) Optimum  pH, temperature,  and
         salinity ranges for use of the additive,
         and maximum and minimum pH, tem-
         perature, and salinity  levels  above or
         below  which the effectiveness of  the
         additive is reduced to half its optimum
         capacity.
           (vii) Enzyme shelf life.
           (viii) Enzyme  optimum storage con-
         ditions.
           (10)  Laboratory  Requirements  for
         Technical Product Data. Follow speci-
         fications in paragraph  (a)(16)  of  this
         section.
           (d) Burning Agents. EPA does not re-
         quire technical  product data submis-
         sions for burning agents and does not
         include burning agents on the NCP
         Product Schedule.
           (e)  Miscellaneous  Oil Spill Control
         Agents. (1) Name, brand, or trademark,
         if any, under which the miscellaneous
         oil spill control agent is sold.
           (2)  Name, address,  and  telephone
         number of the manufacturer, import-
         er, or vendor.
           (3)  Name, address,  and  telephone
         number  of primary  distributors  or
         sales outlets.
           (4) Special handling and worker pre-
         cautions for storage and field applica-
         tion. Maximum  and minimum storage
         temperatures,  to  include   optimum
         ranges as well  as  temperatures that
         will cause phase separations, chemical
         changes, or other alternatives to  the
         effectiveness of the product.
           (5) Shelf life.
           (6) Recommended application proce-
         dures, concentrations,  and conditions
         for use depending upon water salinity,
         water temperature, types and ages of
         the pollutants, and any other applica-
         tion restrictions.
           (7)  Toxicity. Use  standard  toxicity
         test methods described  in Appendix C
         to part 300.
           (8) The following data requirements
         incorporate  by   reference  standards
                                                  87
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                § 300.920
         40 CFR Ch. I (7-1-91 Edition)
                from the 1988 Annual Book of ASTM
                Standards. American Society for Test-
                ing and Materials,  1916 Race  Street,
                Philadelphia,   Pennsylvania   19103.
                This incorporation by  reference was
                approved by the Director of the Feder-
                al Register in accordance with 5 U.S.C.
                552(a) and 1 CFR part 51.3
                 (i) Flash Point—Select appropriate
                method from the following:
                 (A) ASTM—D 56-87, "Standard Test
                Method for Flash Point by Tag Closed
                Tester";
                 (B) ASTM—D 92-85. "Standard Test
                Method for  Flash and Fire  Points by
                Cleveland Open Cup";
                 (C) ASTM—D 93-85, "Standard Test
                Methods  for Flash Point by Pensky-
                Martens Closed Tester";
                 (D)  ASTM—D  1310-86,  "Standard
                Test Method for Flash Point and Fire
                Point of Liquids by Tag Open-Cup Ap-
                paratus"; or
                 (E)  ASTM—D  3278-82,  "Standard
                Test Methods  for Flash Point of Liq-
                uids by Setaflash Closed-Cup Appara:
                tus."
                 (ii) Pour  Point—Use  ASTM—D 97-
                87,  "Standard Test Method for Pour
                Point of Petroleum Oils."
                 (iii) Viscosity—Use ASTM—D 445-86,
                "Standard Test Method for Kinematic
                Viscosity  of  Transparent and Opaque
                Liquids (and the Calculation of Dy-
                namic Viscosity)."
                 (iv) Specific Gravity—Use ASTM—D
                1298-85, "Standard Test Method for
                Density,  Relative Density   (Specific
                Gravity),  or API Gravity of Crude Pe-
                troleum and Liquid  Petroleum Prod-
                ucts by Hydrometer Method."
                 (v)  pH—Use  ASTM—D   1293-84,
                "Standard Test Methods for  pH of
                Water."
                 (9) Miscellaneous Oil Spill Control
                Agent Components. Itemize by chemi-
                cal  name and  percentage by weight
                each component of the total formula-
                tion. The percentages  should include
                maximum,  minimum,  and  average
                weights in order to reflect quality con-
                trol variations in  manufacture or for-
                 3 Copies of these standards  may be ob-
               tained from the publisher. Copies may be
               inspected at the U.S. Environmental Protec-
               tion Agency, 401 M St.,  SW., Room LG,
               Washington, DC, or at the Office of the
               Federal Register. 1100 L Street, NW., Room
               8401, Washington, DC.
mulation. In addition to the chemical
information provided in response to
the  first two sentences,  identify the
major components in at least the fol-
lowing  categories:   surface   active
agents, solvents, and additives.
  (10)  Heavy  Metals, Cyanide,  and
Chlorinated  Hydrocarbons.   Follow
specifications in paragraph (a)(15) of
this section.
  (11) For any miscellaneous oil spill
control agent that contains microbio-
logical cultures or enzyme  additives,
furnish  the information specified in
paragraphs (c)(8)  and (c)(9) of  this
section, as appropriate.
  (12) Analytical Laboratory Require-
ments  for  Technical Product  Data.
Follow  specifications  in  paragraph
(a)(16) of this section.

§ 300.920 Addition  of  products to sched-
    ule.
  (a) To add a dispersant, surface col-
lecting agent, biological  additive, or
miscellaneous oil spill control agent to
the  NCP Product Schedule, the tech-
nical   product   data   specified  in
§ 300.915 must  be submitted  to the
Emergency  Response Division  (OS-
210), U.S.  Environmental  Protection
Agency. 401 M Street, SW., Washing-
ton, DC 20460. If EPA determines that
the  required  data  were submitted,
EPA will add the product to the sched-
ule.
  (b) EPA will inform the submitter in
writing,  within 60 days of the receipt
of technical product  data, of its deci-
sion on adding  the  product to  the
schedule.
  (c) The submitter  may assert that
certain information  in the  technical
product  data submissions is confiden-
tial  business  information.  EPA  will
handle such claims  pursuant to the
provisions in 40 CFR part  2, subpart
B. Such information  must be submit-
ted  separately from  non-confidential
information,  clearly   identified, and
clearly marked "Confidential Business
Information," If the submitter fails to
make such a claim at the time of sub-
mittaL EPA may make  the informa-
tion available to  the public without
further notice.
  (d) The submitter must notify EPA
of any changes  in the  composition,
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                Environmental Protection Agency

                formulation, or application of the dis-
                persant, surface collecting  agent, bio-
                logical  additive, or miscellaneous oil
                spill control agent. On the basis of this
                data, EPA may require retesting of the
                product if  the  change  is likely  to
                affect  the effectiveness or  toxicity  of
                the product.
                  (e) The listing of a product  on the
                NCP Product Schedule does not con-
                stitute  approval of  the product. To
                avoid  possible   misinterpretation  or
                misrepresentation, any  label,  adver-
                tisement, or technical literature that
                refers to the placement of the product
                on tire VF€F Schedule mast sicker re-
                produce in  its entirety EPA's written
                statement that  it will add the product
                to the  NCP Product Schedule  under
                § 300.920(b), or include the disclaimer
                shown below. If the disclaimer is used,
                it must be conspicuous  and must  be
                fully reproduced.  Failure  to comply
                with these restrictions or any other
                improper attempt  to demonstrate the
                approval of the product by any NRT
                or   other  U.S.  Government  agency
                shall constitute grounds for  removing
                the  product  from *he NCP  Product
                Schedule.

                              DISCLAIMER
                  [PRODUCT NAME] is on the U.S. Envi-
                ronmental Protection Agency's NCP Prod-
                uct Schedule. This listing does NOT mean
                that EPA approves,  recommends,  licenses,
                certifies, or authorizes  the use of [product
                name]  on an  oil discharge.  This listing
                means only that  data, have been submitted
                to EPA  as required by subpart J of the Na-
                tional Contingency Plan, § 300.915.
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                           SECTION 2




                             PART III
                      RULES AND REGULATIONS




                            40 CFR 112




                     OIL POLLUTION PREVENTION
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                               187

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                   §110.11
         40 CFR Ch. I (7-1-91 Edition)
                   EPA predesignated On-Scene Coordi-
                   nator (OSC) for the geographic area
                   where  the discharge  occurs. All such
                   reports shall be promptly  relayed  to
                   the NRC. If It is not possible to notify
                   the NBC or the predesignated OCS
                   immediately, reports may be made im-
                   mediately to the nearest Coast  Guard
                   unit,  provided  that  the  person   in
                   charge of the vessel or onshore  or off-
                   shore facility notifies the NRC as soon
                   as possible. The reports shall be made
                   in accordance with such procedures as
                   the Secretary of Transportation may
                   prescribe. The  procedures  for such
                   notice  are  set  forth in  U.S.  Coast
                   Guard regulations, 33 CFR part 153,
                   subpart B and in the National Oil and
                   Hazardous Substances Pollution Con-
                   tingency Plan,  40 CFR part 300, sub-
                   part E.  (Approved by the Office  of
                   Management and Budget  under the
                   control number 2050-0046)

                   § 110.11  Discharge at deepwater ports.
                     (a) Except as provided in paragraph
                   (b) below,  for  purposes  of  section
                   18(m)(3) of the Deepwater Port Act of
                   1974,  the term "discharge" shall  in-
                   clude but not be limited to, any spill-
                   ing, leaking, pumping, pouring, emit-
                   ting, emptying, or dumping into the
                   marine environment of quantities  of
                   oil that:
                     (1) Violate applicable water quality
                   standards, or
                     (2) Cause a film or sheen upon  or
                   discoloration of the  surface  of the
                   water or adjoining shorelines or cause
                   a  sludge or emulsion to  be deposited
                   beneath the surface of the water  or
                   upon adjoining shorelines.
                     (b) For purposes of section 18(m)(3)
                   of the  Deepwater Port Act of 1974, the
                   term "discharge" excludes:
                     (1) Discharges of oil from a properly
                   functioning  vessel engine, (including
                   an engine on a  public vessel), but not
                   discharges of such oil accumulated in
                   a vessel's bilges (unless in compliance
                   with MARPOL 73/78, Annex I); and
                     (2) Discharges of oil permitted under
                   MARPOL 73/78, Annex I.
     PART 112—OIL POLLUTION
            PREVENTION

Sec.
112.1  General applicability.
112.2  Definitions.
112.3  Requirements  for preparation  and
   implementation of Spill Prevention Con-
   trol and Countermeasure Plans.
112.4  Amendment of  SPCC Plans by Re-
   gional Administrator.
112.5  Amendment of Spill Prevention Con-
   trol  and  Countermeasure  Plans  by
   owners or operators.
112.6  Civil penalties for violation of oil pol-
   lution prevention regulations.
112.7  Guidelines  for the preparation and
   implementation of a Spill  Prevention
   Control and Countermeasure Plan.
APPENDIX—MEMORANDUM or UNDERSTANDING
   BETWEEN THE SECRETARY or TRANSPORTA-
   TION AND THE ADMINISTRATOR or THE EN-
   VIRONMENTAL PROTECTION AGENCY
  AUTHORITY:  Sees.  SIKJXIKC), 31KJX2),
501(a), Federal Water Pollution Control Act
(sec.  2, Pub. L. 92-500, 86 Stat.  816 et seq.
(33 D.S.C. 1251 et seq.)); sec. 4(b), Pub. L.
92-500, 86 Stat. 897; 5 U.S.C. Reorg. Plan of
1970  No. 3 (1970), 35 FR 15623, 3 CFR 1966-
1970  Comp.;  E.G. 11735,  38  FR  21243, 3
CFR.
  SOURCE: 38 FR 34165, Dec. 11, 1973, unless
otherwise noted.

§ 112.1   General applicability.
  (a) This part establishes procedures,
methods and equipment and other re-
quirements  for  equipment to  prevent
the  discharge of  oil from non-trans-
portation-related  onshore  and  off-
shore facilities into or upon the navi-
gable waters of the United  States or
adjoining shorelines.
  (b) Except as  provided in paragraph
(d) of this section,  this part  applies to
owners or operators of non-transporta-
tion-related onshore and offshore fa-
cilities  engaged in  drilling, producing,
gathering, storing,  processing,  refin-
ing,  transferring,  distributing or con-
suming  oil  and   oil  products,  and
which, due to their location,  could rea-
sonably be expected to discharge oil in
harmful quantities, as defined in part
110  of  this  chapter, into or upon the
navigable waters of the United States
or adjoining shorelines.
  (c) As  provided  in  section  313 (86
Stat. 875) departments, agencies, and
instrumentalities of the Federal gov-
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                   Environmental Protection Agency
                   eminent are subject to these regula-
                   tions  to  the  same  extent as  any
                   person, except  for  the provisions  of
                   f 112.6.
                    (d) This part does not apply to:
                    (1) Facilities,  equipment  or  oper-
                   ations which are not subject to the ju-
                   risdiction of the Environmental  Pro-
                   tection Agency, as follows:
                    (i) Onshore and offshore facilities,
                   which, due to their location, could not
                   reasonably  be expected  to  discharge
                   oil into or upon the navigable waters
                   of  the United  States  or  adjoining
                   shorelines.  This  determination  shall
                   be based  solely  upon a consideration
                   of the geographical, locational aspects
                   of the facility (such as proximity  to
                   navigable waters or adjoining  shore-
                   lines, land contour, drainage, etc.) and
                   shall exclude consideration  of  man-
                   made  features such as dikes,  equip-
                   ment or other structures which  may
                   serve to restrain, hinder, contain,  or
                   otherwise prevent a discharge of oil
                   from reaching navigable waters of the
                   United States or adjoining shorelines;
                   and
                    (ii) Equipment or  operations of ves-
                   sels or transportation-related onshore
                   and offshore facilities which are  sub-
                   ject to authority and  control of the
                   Department of Transportation, as de-
                   fined in the Memorandum of Under-
                   standing  between the  Secretary  of
                   Transportation and  the Administrator
                   of   the   Environmental   Protection
                   Agency, dated November 24, 1971,  36
                   PR 24000.
                    (2) Those facilities which, although
                   otherwise subject to the jurisdiction of
                   the Environmental Protection Agency,
                   meet both  of the following require-
                   ments:
                    (i) The  underground buried storage
                   capacity of the  facility is 42,000 gal-
                   lons or less of oil, and
                    (ii) The storage capacity, which is
                   not buried,  of the facility is 1,320 gal-
                   lons or less of oil, provided no single
                   container has a  capacity in excess  of
                   660 gallons.
                    (e) This part provides for the prepa-
                   ration and implementation  of  Spill
                   Prevention  Control and Countermeas-
                   ure Plans prepared in accordance with
                   } 112.7. designed to complement exist-
                   ing laws, regulations, rules, standards,
                   policies and procedures pertaining  to
safety standards, fire prevention and
pollution  prevention rules,  so as to
form a comprehensive balanced Feder-
al/State spill prevention program to
TntntTnigf  the  potential  for oil dis-
charges. Compliance  with  this part
does not in any way relieve the owner
or operator of an onshore  or  an off-
shore  facility  from compliance with
other Federal, State or local laws.

[38 PR 34165. Dec.  11. 1973. as amended at
41 PR 12857, Mar. 26. 1976)

8112.2  Definitions.
  For the purposes of this part:
  (a) Oil means oil of any  kind or in
any form, including, but not limited to
petroleum, fuel oil, sludge, oil refuse
and oil mixed with wastes other than
dredged spoil.
  (b) Discharge includes but is not lim-
ited to, any spilling:, leaking, pumping,
pouring, emitting, emptying or dump-
ing.  For purposes  of this part, the
term  discharge shall not include any
discharge of oil which is authorized by
a permit issued pursuant to section 13
of the River and Harbor Act  of 1899
(30 Stat. 1121, 33 U.S.C.  407), or sec-
tions   402  or  405  of the FWPCA
Amendments of 1972 (86 Stat. 816 et
seq., 33 U.S.C. 1251 etseq.).
  (c) Onshore facility means any facili-
ty of any kind located in,  on, or under
any  land within the United  States,
other than submerged lands, which is
not a transportation-related facility.
  (d) Offshore facility means any facil-
ity of any kind located in, on, or under
any  of the navigable waters  of the
United States, which is not a transpor-
tation-related facility.
  (e)  Owner  or operator means any
person  owning  or  operating  an on-
shore facility or  an offshore facility,
and in the case of any abandoned off-
shore facility, the person who owned
or operated such facility  immediately
prior to such  abandonment.
  (f)  Person  includes an  individual,
firm,  corporation, association, and a
partnership.
  (g)  Regional Administrator, means
the Regional Administrator of the En-
vironmental Protection Agency, or his
designee.  In  and  for the  Region in
which the facility Is located.
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                  §112.3
         40 CFR Ch. I (7-1-91 Edition)
                    (h)  Transportation-related and non-
                  transportation-related as applied to an
                  onshore  or  offshore facility,  are de-
                  fined  in  the Memorandum of Under-
                  standing  between  the  Secretary  of
                  Transportation and the Administrator
                  of  the   Environmental  Protection
                  Agency, dated November 24, 1971, 36
                  FR 24080.
                    (i) Spill event means  a discharge of
                  oil into or upon the navigable waters
                  of  the United  States  or  adjoining
                  shorelines in harmful  quantities, as
                  defined at 40 CFR part 110.
                    (j) United States means the States,
                  the District  of  Columbia, the  Com-
                  monwealth of Puerto Rico, the  Canal
                  Zone,  Guam, American  Samoa,  the
                  Virgin Islands, .and the Trust  Terri-
                  tory of the Pacific Islands.
                    (k) The term navigable waters of the
                  United States means navigable waters
                  as defined  in  section  502(7) of  the
                  FWPCA, and includes:
                    (1)  All navigable  waters  of  the
                  United States, as defined in  judicial
                  decisions prior to passage of the 1972
                  Amendments to the FWPCA (Pub. L.
                  92-500),   and  tributaries  of   such
                  waters;
                    (2) Interstate waters;
                    (3)  Intrastate  lakes,  rivers,   and
                  streams  which are utilized by  inter-
                  state  travelers  for  recreational  or
                  other purposes; and
                    (4)  Intrastate  lakes,  rivers,   and
                  streams from which fish or shellfish
                  are taken and sold in  interstate com-
                  merce.
                    (1) Vessel means every description of
                  watercraft or other artificial  contriv-
                  ance used, or capable of being used as
                  a means of  transportation  on water,
                  other than a public vessel.

                  § 112.3 Requirements for preparation and
                      implementation  of  Spill  Prevention
                      Control and Counter-measure Plans.
                    (a)  Owners or operators of onshore
                  and offshore facilities in operation on
                  or  before the effective date  of  this
                  part that have  discharged or,  due to
                  their location, could reasonably be ex-
                  pected  to discharge oD in harmful
                  quantities, as defined in 40 CFR part
                  110, into or upon the navigable waters
                  of  the  United States  or  adjoining
                  shorelines, shall prepare a  Spill Pre-
                  vention Control and Countermeasure
Plan  (hereinafter "SPCC Plan"),  in
writing and in accordance with i 112.7.
Except as  provided  for in paragraph
(f) of this section,  such SPCC  Plan
shall  be  prepared within six months
after  the effective date of this part
and shall be fully implemented as soon
as possible, but  not later  than one
year after  the effective date of this
part.
  (b) Owners or operators of onshore
and  offshore  facilities  that become
operational after the effective date of
this part, and  that have discharged or
could reasonably  be  expected  to dis-
charge oil in harmful quantities, as de-
fined in 40  CFR part 110, into or upon
the navigable  waters of the  United
States or  adjoining  shorelines,  shall
prepare an SPCC Plan in accordance
with 8 112.7. Except  as provided for in
paragraph  (f)  of this section,  such
SPCC Plan shall  be prepared within
six months after the date such facility
begins operations and  shall be  fully
implemented as soon as possible, but
not later than one year after such fa-
cility begins operations.
  (c) Owners or operators of onshore
and offshore mobile or portable facili-
ties,  such as onshore drilling or wor-
kover rigs, barge mounted offshore
drilling or  workover  rigs, and portable
fueling facilities shall prepare and im-
plement an SPCC Plan as required by
paragraphs (a), (b) and (d) of this sec-
tion. The owners or  operators of such
facility need not prepare a new SPCC
Plan each time the facility is moved to
a new site. The SPCC Plan may be a
general plan,  prepared in accordance
with  1112.7, using  good engineering
practice. When the mobDe or portable
facility  is  moved, it  must be located
and  installed  using  the spill preven-
tion  practices outlined in the  SPCC
Plan  for the  facility.  No  mobile  or
portable facility subject to this regula-
tion  shall  operate unless the  SPCC
Plan  has  been  implemented.  The
SPCC Plan shall only apply while the
facility  is in a fixed (non-transporta-
tion) operating mode.
  (d) No SPCC Plan shall be effective
to satisfy  the requirements of this
part unless it  has been reviewed by a
Registered Professional Engineer and
certified to by such Professional Engi-
neer. By means  of  this  certification
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                  Environmental Protection Agoncy
                                      §112.4
                  the engineer, having examined the fa-
                  cility and being familiar with the pro-
                  visions of this part, shall  attest that
                  the SPCC Plan has been prepared In
                  accordance  with   good  engineering
                  practices. Such  certification shall In
                  no way relieve the owner or operator
                  of an onshore or  offshore facility of
                  his duty to prepare and fully imple-
                  ment  such  Plan  in accordance  with
                  § 112.7, as required by paragraphs (a),
                  (b) and (c) of this section.
                    (e) Owners or operators of a facility
                  for which an  SPCC Plan  is required
                  pursuant to paragraph (a), (b) or (c) of
                  this section shall maintain a complete
                  copy of the Plan at such facility if the
                  facility is normally attended at least 8
                  hours per day, or  at the nearest field
                  office if the facility is not so attended,
                  and shall make such Plan available to
                  the Regional Administrator for on-site
                  review during normal working hours.
                    (f) Extensions of time.
                    (1) The Regional Administrator may
                  authorize an extension of time for the
                  preparation and full implementation
                  of an SPCC Plan beyond the time per-
                  mitted for the preparation and imple-
                  mentation of an SPCC Plan pursuant
                  to paragraph (a), (b) or (c) of this sec-
                  tion where he finds that the owner or
                  operator of  a  facility subject to para-
                  graphs (a),  (b) or (c) of  this section
                  cannot fully comply with the require-
                  ments of this part  as a result of either
                  nonavailability of  qualified personnel,
                  or delays in  construction or equipment
                  delivery beyond the control and with-
                  out the fault of such owner or opera-
                  tor or  their respective agents or  em-
                  ployees.
                    (2) Any owner  or operator  seeking
                  an extension of time pursuant to para-
                  graph (fXl) of this section may submit
                  a letter of request  to the Regional Ad-
                  ministrator. Such letter shall Include:
                    (i)  A  complete  copy of  the SPCC
                  Plan, if completed;
                    (11) A full explanation of the  cause
                  for any such delay and the specific as-
                  pects  of  the SPCC  Plan affected by
                  the delay;
                    (111) A full discussion of actions being
                  taken or contemplated to minimize or
                  mitigate such delay.
                    (Iv)  A  proposed time schedule for
                  the implementation of  any corrective
                  actions being  taken or contemplated.
         including interim dates for completion
         of tests or studies, installation and op-
         eration of any necessary equipment or
         other preventive measures.

         In  addition, such owner or  operator
         may present additional oral or written
         statements in support of his  letter of
         request.
          (3) The submission of a letter of re-
         quest for  extension of time pursuant
         to  paragraph  (f)(2) of  this  section
         shall in no way relieve the owner or
         operator from his obligation to comply
         with the requirements of 5112.3 (a).
         (b) or (c).  Where an extension of time
         is authorized by the Regional Admin-
         istrator  for particular equipment or
         other  specific aspects of  the  SPCC
         Plan, such extension shall  in no  way
         affect the owner's or operator's obliga-
         tion to comply with the requirements
         of ! 112.3 (a), (b) or (c) with respect to
         other equipment or other specific as-
         pects of the SPCC Plan for which an
         extension  of time has not been ex-
         pressly authorized.

         C38 FR 34165, Dec. il, 1973, as amended at
         41 FR 12657, Mar. 26, 19763

         § 112.4  Amendment of SPCC Plans by Re-
            gional Administrator.
          (a)    Notwithstanding   compliance
         with | 112.3, whenever a facility sub-
         ject to  § 112.3 (a), (b) or (c) has:  Dis-
         charged more than  1,000 U.S. gallons
         of  oil  Into or upon  the  navigable
         waters of the United States or adjoin-
         ing shorelines in a single spill event, or
         discharged oil in  harmful  quantities,
         as defined in 40 CFR part 110, into or
         upon  the  navigable  waters of  the
         United  States or adjoining  shorelines
         In two  spill events, reportable  under
         section 311(b)<5) of the  FWPCA, oc-
         curring  within  any   twelve  month
         period, the owner or operator of such
         faculty shall submit to the Regional
         Administrator, within  60 days from
         the time such facility becomes subject
         to this section, the following:
          (1) Name of the facility;
          (2) Name
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                  §112.4
         40 CFR Ch. I (7-1-91 Edition)
                    (5) Maximum  storage  or handling
                  capacity  of  the  facility  and normal
                  daily throughput;
                    (6) Description of the facility,  in-
                  cluding maps, flow diagrams, and topo-
                  graphical maps;
                    (7) A  complete copy of  the  SPCC
                  Plan with any amendments;
                    (8) The cause(s) of such spill, includ-
                  ing a failure analysis of system or sub-
                  system in which the failure occurred;
                    (9) The corrective  actions  and/or
                  counter-measures  taken, including  an
                  adequate description of equipment  re-
                  pairs and/or replacements;
                    (10) Additional  preventive measures
                  taken or contemplated to minimize the
                  possibility of recurrence;
                    (11) Such  other information as the
                  Regional Administrator may reason-
                  ably require pertinent to the Plan or
                  spill event.
                    (b) Section 112.4 shall  not  apply
                  until the expiration of the time per-
                  mitted for the preparation  and  imple-
                  mentation of an SPCC Plan pursuant
                  to § 112.3 (a), (b), (c) and (f).
                    (c) A complete  copy of all informa-
                  tion provided to the Regional Adminis-
                  trator pursuant  to paragraph  (a) of
                  this section shall be sent at the same
                  time to the State agency In charge of
                  water pollution  control  activities in
                  and for the State in which the facility
                  is located. Upon  receipt of such infor-
                  mation such State agency may con-
                  duct a review and make recommenda-
                  tions to the Regional Administrator as
                  to further procedures, methods, equip-
                  ment and  other  requirements   for
                  equipment necessary to prevent and to
                  contain discharges of oil from such fa-
                  cility.
                    (d) After review of  the SPCC Plan
                  for a facility subject to paragraph  (a)
                  of this section, together with all other
                  information submitted by  the  owner
                  or operator of such facility, and by the
                  State agency under paragraph (c) of
                  this section, the Regional Administra-
                  tor may require the owner or operator
                  of such  facility  to  amend  the SPCC
                  Plan if he finds that the Plan does not
                  meet the requirements of this part or
                  that the amendment of the Plan is
                  necessary to prevent and  to contain
                  discharges of oil from such facility.
                    (e) When  the  Regional Administra-
                  tor proposes to require an amendment
 to the SPCC Plan, he shall notify the
 facility operator by  certified mail ad-
 dressed to, or by personal  delivery to,
 the facility owner or operator, that he
 proposes to require  an amendment to
 the Plan, and shall  specify the terms
 of such amendment. If  the facility
 owner or operator is a corporation,  a
 copy  of  such  notice  shall  also be
 mailed to the registered agent, if any,
 of such corporation in the State where
 such facility is located. Within 30 days
 from receipt of  such notice, the facili-
 ty owner or operator may^submit writ-
 ten information, views, and arguments
 on the amendment.  After  considering
 all relevant material presented,  the
 Regional  Administrator shall notify
 the facility owner or operator of any
 amendment required or shall rescind
 the notice.  The amendment required
 by the Regional  Administrator  shall
 become part of  the Plan 30 days after
 such  notice, unless  the Regional Ad-
 ministrator,  for  good  cause,   shall
 specify another effective date. The
 owner or operator of the facility shall
 Implement  the  amendment of  the
 Plan  as soon as possible, but not later
 than six months after the  amendment
 becomes part of the Plan, unless the
 Regional  Administrator specifies an-
 other date.
  (f) An owner or operator may appeal
 a decision made by  the Regional Ad-
 ministrator requiring an  amendment
 to an SPCC Plan. The appeal shall be
 made to the  Administrator of  the
 United States Environmental Protec-
 tion Agency and must be made in writ-
 ing within  30 days  of  receipt of the
 notice from the Regional  Administra-
 tor requiring the amendment. A com-
 plete copy of the appeal must be sent
 to the Regional Administrator at the
 time  the  appeal is made.  The appeal
• shall contain a clear and concise state-
 ment of-the issues and points of fact
 in the case. It may  also contain addi-
 tional information from the owner or
 operator, or from any other person.
 The  Administrator   or  his  designee
 may  request additional   information
 from the owner or  operator, or from
 any other person. The Administrator
 or his designee  shall render a decision
 within 60 days of receiving the appeal
 and shall notify the  owner or operator
 of his decision.
                                                     22
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                      Environmental Protection Agency
                              §11Z7
                      [38 FR 34165. Dec. 11. 1973. as amended at
                      41 FR 12658. Max. 26.19761

                      9112.5  Amendment  of  Spill  Prevention
                         Control and Countermeasure Plans by
                         owners or operators.
                       (a) Owners or operators of facilities
                      subject to J 112.3 (a),  (b) or (c)  shall
                      amend the SPCC Plan for such facility
                      in  accordance with  § 112.7 whenever
                      there  is  a  change in  facility design,
                      construction,  operation  or  mainte-
                      nance which materially affects the fa-
                      cility's potential for  the discharge of
                      oil into or upon the navigable waters
                      of  the  United  States  or  adjoining
                      shore  lines. Such amendments shall be
                      fully implemented  as soon as possible,
                      but not later than six months  after
                      such change occurs.
                       (b)   Notwithstanding  compliance
                      with paragraph (a)  of this  section,
                      owners and operators of facilities sub-
                      ject to § 112.3 (a), (b) or (c) shall com-
                      plete a review and evaluation of the
                      SPCC Plan at least once every three
                      years  from the date such  facility be-
                      comes subject to this part.  As a  result
                      of  this  review  and evaluation,  the
                      owner or operator shall amend the
                      SPCC Plan within six  months of the
                      review to include more effective pre-
                      vention and control technology  if:  (1)
                      Such  technology  will  significantly
                      reduce the  likelihood of a spill event
                      from the facility, and (2) if such  tech-
                      nology has  been  field-proven at the
                      time of the  review.
                       (c) No amendment to an SPCC Plan
                      shall  be  effective  to  satisfy  the  re-
                      quirements of  this section unless  It
                      has been certified by  a Professional
                      Engineer    In     accordance    with
                      § 112.3(d).

                      § 112.6 Civil penalties  for violation  of oil
                         pollution prevention regulationi.
                       Owners or operators of facilities sub-
                      ject to 5 112.3 (a),  (b)  or (c) who vio-
                      late the requirements of this part 112
                      by failing or refusing to comply with
                      any of the provisions of 5 112.3, {  112.4
                      or 5 112.5 shall be liable for a civil pen-
                      alty of not  more than  $5,000 for each
                      day such  violation  continues.   Civil
                      penalties shall be  imposed in accord-
                      ance with procedures set out in part
                      114 of this subchapter D.
(Sees. 31KJ). SOKa). Pub. L. 92-500. 88 Stat.
868. 885 (33 U.S.C. 132KJ). 13«Ua)»
[39 FR 31602. Aug. 29,1974]

S 112.7 Guidelines for the preparation and
    implementation of a Spill  Prevention
    Control and Countermeaaure Plan.
  The SPCC Plan shall be a carefully
thought-out  plan, prepared  in accord-
ance  with good engineering practices.
and  which has  the  full  approval of
management at a level with authority
to commit the necessary resources. If
the plan  calls for additional facilities
or procedures, methods, or equipment
not yet fully operational, these  Items
should be discussed in separate para-
graphs, and the details of installation
and operational start-up should be ex-
plained   separately.  The   complete
SPCC Plan shall  follow the sequence
outlined below, and  include a discus-
sion of the facility's conformance with
the appropriate guidelines listed:
  (a)  A facility which has experienced
one or more  spill events within twelve
months prior to the effective date of
this  part  should include a written de-
scription  of each such spill,  corrective
action taken and plans for preventing
recurrence.
  (b)  Where  experience  indicates  a
reasonable  potential  for  equipment
failure (such as tank overflow,  rup-
ture,  or leakage), the plan should in-
clude  a  prediction  of the  direction.
rate of flow, and total quantity  of oil
which could be  discharged  from  the
facility as a result of each major type
of failure.
  (c) Appropriate containment and/or
diversionary  structures or equipment
to prevent discharged oil  from reach-
ing a navigable water course should be
provided.  One of the following preven-
tive  systems or its  equivalent should
be used as a minimum-
  (1) Onshore facilities:
  (1) Dikes, berms or retaining  walls
sufficiently  impervious   to  contain
spilled oil;
  (il) Curbing;
  (ill)  Culvertlng,  gutters  or  other
drainage systems;
  (iv) Weirs, booms or other barriers;
  (v) Spill diversion ponds:
  (vl) Retention ponds;
  (vil) Sorbent materials.
  (2) Offshore facilities:
                                                          23
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                                                 193

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                   §112.7
                  40 CFR Ch. I (7-1-91 Edition)
                     (i) Curbing, drip pans;
                     (ii) Sumps and collection systems.
                     (d) When it is determined that the
                   installation of structures or equipment
                   listed  in   J 112.7(c)  to  prevent  dis-
                   charged oil from reaching the naviga-
                   ble waters  is not practicable from any
                   onshore or offshore facility, the owner
                   or  operator should clearly   demon-
                   strate  such impracticability and pro-
                   vide the following:
                     (1) A strong  oil  spill  contingency
                   plan following the provision of 40 CFR
                   part 109.
                     (2) A written  commitment  of man-
                   power, equipment and materials  re-
                   quired to  expeditiously  control  and
                   remove any harmful quantity of  oil
                   discharged.
                     (e) In addition to the minimal pre-
                   vention   standards   listed    under
                   § 112.7(c), sections of the Plan should
                   Include a complete discussion  of con-
                   formance  with the following applica-
                   ble guidelines, other effective spill pre-
                   vention and containment procedures
                   (or, if more stringent, with State rules,
                   regulations and guidelines):
                     (1) Facility drainage  (onshore); (ex-
                   cluding  production  facilities'),  (i)
                   Drainage  from   diked  storage areas
                   should be restrained by valves or other
                   positive means  to  prevent a spill or
                   other excessive leakage of oil  into the
                   drainage system or  inplant  effluent
                   treatment  system, except where plan
                   systems are designed to handle such
                   leakage. Diked areas may be  emptied
                   by pumps  or ejectors: however, these
                   should be manually activated and the
                   condition of the accumulation should
                   be examined before starting to be sure
                   no  oil  will be   discharged  into  the
                   water.
                     (ii) Flapper-type drain valves should
                   not be used  to  drain  diked  areas.
                   Valves used for  the drainage of diked
                   areas should, as far as practical, be of
                   manual, open-and-closed design. When
                   plant   drainage   drains directly into
                   water courses and not into wastewater
                   treatment   plants,   retained   storm
                   water should be inspected as provided
                   in paragraphs (e)(2)(iil) (B).  (C) and
                   (D) of this  section before drainage.
                     (iii) Plant drainage systems from un-
                   diked  areas should,  if  possible, flow
                   into ponds, lagoons or  catchment
                   basins, designed to retain  oil or return
         it to the  facility. Catchment  basins
         should not be located in areas subject
         to periodic flooding.
           (iv) If plant  drainage  is not engi-
         neered as above, the final discharge of
         all in-plant ditches should be equipped
         with a diversion system that could, in
         the  event of  an  uncontrolled spill,
         return the oil to the plant.
           (v) Where drainage waters are treat-
         ed in more than  one treatment unit,
         natural hydraulic  flow should be used.
         If pump transfer  is needed, two "lift"
         pumps should be provided, and at least
         one  of  the pumps should  be perma-
         nently installed when such treatment
         is continuous. In  any event, whatever
         techniques are  used  facility drainage
         systems  should be adequately engi-
         neered  to  prevent oil from reaching
         navigable waters in the event of equip-
         ment failure or  human error at the fa-
         cillty.
           (2) Bulk storage  tanks (onshore); (ex-
         cluding production facilities),  (i)  No
         tank should be used for the storage of
         oil unless its material and construction
         are  compatible  with the  material
         stored and conditions of storage such
         as pressure and  temperature, etc.
           (11)  All  bulk  storage tank  installa-
         tions should be constructed so  that a
         secondary  means   of  containment is
         provided for the entire contents of the
         largest single tank plus sufficient free-
         board to allow for precipitation. Diked
         areas should  be sufficiently  impervi-
         ous to contain spilled oil. Dikes, con-
         tainment curbs, and pits are common-
         ly employed for this purpose, but they
         may not always be appropriate. An al-
         ternative  system  could consist of a
         complete  drainage  trench enclosure
         arranged so  that  a spill  could termi-
         nate and be  safely confined in an  in-
         plant  catchment   basin  or  holding
         pond.
           (iii) Drainage  of rainwater from the
         diked area into a storm drain or an ef-
         fluent discharge that  empties into an
         open water course, lake, or pond, and
         bypassing  the   in-plant   treatment
         system may be acceptable if:
           (A) The bypass valve  is  normally
         sealed closed.
           (B) Inspection  of the  run-off rain
         water ensures compliance with appli-
         cable water quality standards and will
                                                       24
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                      Environmental Protection Agency
                              §11X7
                      not cause a harmful discharge as de-
                      fined in 40 CFR part 110.
                        (C) The bypass valve Is opened, and
                      resealed following drainage under re-
                      sponsible supervision.
                        (D) Adequate records  are  kept  of
                      such events.
                        (iv) Buried  metallic  storage  tanks
                      represent  a potential for undetected
                      spills. A new buried installation should
                      be protected from  corrosion by  coat-
                      ings, cathodic protection  or other ef-
                      fective methods compatible with  local
                      soil  conditions.  Such  buried  tanks
                      should at  least be subjected to regular
                      pressure testing.
                        (v) Partially buried metallic  tanks
                      for the storage of oil should be avoid-
                      ed, unless the buried section  of the
                      shell is adequately coated, since par-
                      tial burial in  damp  earth can  cause
                      rapid corrosion of metallic  surfaces.
                      especially  at the earth/air interface.
                        (vi) Aboveground  tanks should be
                      subject  to periodic  integrity  testing,
                      taking into account tank design (float-
                      ing roof,  etc.) and  using such  tech-
                      niques as hydrostatic testing, visual in-
                      spection or  a  system of  non-destruc-
                      tive shell  thickness  testing. Compari-
                      son records should  be kept where ap-
                      propriate,  and tank supports and foun-
                      dations should be included in these in-
                      spections.  In addition, the outside  of
                      the  tank  should  frequently  be ob-
                      served by operating personnel  for
                      signs  of  deterioration,  leaks  which
                      might cause a  spill, or accumulation of
                      oil inside diked areas.
                        (vii) To  control leakage through de-
                      fective internal heating coils,  the fol-
                      lowing factors should be considered
                      and applied, as appropriate.
                        (A) The steam  return  or exhaust
                      lines from internal heating colls which
                      discharge  into an open  water course
                      should be monitored for  contamina-
                      tion,  or   passed  through a  settling
                      tank, skimmer, or other separation  or
                      retention system.
                        (B) The feasibility of  installing an
                      external heating system should also be
                      considered.
                        (viii) New and old tank  installations
                      should, as far  as practical, be fall-safe
                      engineered or  updated into a fail-safe
                      engineered installation to avoid spills.
                      Consideration  should be  given to pro-
viding one or more of the following de-
vices:
  (A) High liquid level alarms with an
audible or visual signal at a constantly
manned operation or surveillance sta-
tion:  in smaller plants an audible air
vent may suffice.
  (B) Considering size and complexity
of the facility, high liquid level pump
cutoff devices set to stop flow at a pre-
determined tank content level.
  (C) Direct  audible  or code  signal
communication   between  the  tank
gauger and the pumping station.
  (D) A fast response system for deter-
mining  the  liquid level  of  each bulk
storage tank  such as  digital comput-
ers, telepulse. or  direct  vision gauges
or their equivalent.
  (E)  Liquid  level  sensing  devices
should  be regularly  tested  to  insure
proper operation.
  (ix) Plant  effluents which are dis-
charged into navigable waters should
have  disposal facilities  observed fre-
quently  enough  to   detect  possible
system  upsets that could cause an oil
spill event.
  (x)  Visible oil leaks which result in a
loss  of  oil from tank seams, gaskets,
rivets and bolts sufficiently  large  to
cause the accumulation of oil in diked
areas should be promptly corrected.
  (xi) Mobile or portable oil storage
tanks (onshore) should  be  positioned
or located so  as to prevent spilled oil
from  reaching navigable  waters. A sec-
ondary  means of containment, such  as
dikes or catchment basins,  should be
furnished for the largest single com-
partment  or  tank.  These   facilities
should  be located  where  they  will
not be subject to  periodic flooding or
washout.
  (3)  Facility  transfer  operations,
pumping,  and  in-plant   process (on-
shorel:  (excluding production facili-
ties),  (i)  Buried  piping  installations
should have a protective  wrapping and
coating  and  should  be  cathodically
protected  if soil conditions warrant.  If
a section of buried line is exposed for
any reason,  it should be  carefully ex-
amined  for deterioration. If  corrosion
damage is found,  additional  examina-
tion  and  corrective  action should be
taken as indicated by the magnitude
of the damage.  An alternative would
                                                          25
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                                                 195

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                                                                 40 OFR Ch. I (7-1-91 Edition)
                  be the more  frequent use of exposed
                  pipe corridors or galleries.
                    (11) When a pipeline is not in service.
                  or in standby service for an extended
                  time the terminal connection at the
                  transfer  point  should  be  capped  or
                  blank-flanged,  and   marked  as   to
                  origin.
                    (ill) Pipe supports should be proper-
                  ly designed to minimize abrasion and
                  corrosion and allow for expansion and
                  contraction.
                    (Iv) All aboveground valves and pipe-
                  lines should  be subjected  to  regular
                  examinations by operating personnel
                  at which time the general condition of
                  items, such as flange joints, expansion
                  Joints, valve glands and bodies, catch
                  pans,  pipeline  supports,  locking  of
                  valves, and metal  surfaces should  be
                  assessed. In addition, periodic pressure
                  testing may be warranted for piping In
                  areas  where  facility drainage  is such
                  that a failure  might lead to a spill
                  event.
                    (v) Vehicular  traffic  granted entry
                  Into the facility should be warned ver-
                  bally  or by  appropriate signs to  be
                  sure that the vehicle, because of  its
                  size, will not endanger  above  ground
                  piping.
                    (4) Facility tank car and tank truck
                  loading/unloading rack (.onshore).  (1)
                  Tank  car and tank truck loading/un-
                  loading  procedures should meet the
                  minimum requirements and regulation
                  established  by  the  Department   of
                  Transportation.
                    (ii) Where  rack  area  drainage does
                  not flow into a  catchment basin  or
                  treatment facility  designed to handle
                  spills, a quick drainage system should
                  be used for tank truck loading and un-
                  loading   areas.   The   containment
                  system should be designed to  hold  at
                  least maximum capacity of any single
                  compartment of a tank car or tank
                  truck loaded or unloaded in the plant.
                    (iii) An interlocked warning light  or
                  physical  barrier  system, or  warning
                  signs, should be provided in loading/
                  unloading areas to prevent vehicular
                  departure before complete  disconnect
                  of flexible or  fixed transfer lines.
                    (iv) Prior to filling and departure  of
                  any tank car  or tank truck, the lower-
                  most drain and all outlets of such ve-
                  hicles should be closely examined for
                  leakage,  and if  necessary, tightened.
        adjusted, or replaced to prevent liquid
        leakage while in transit.
         (5)  Oil production facilitiet (on-
        shore)—(i) Definition. An onshore pro-
        duction facility may include all wells,
        flowlines, separation equipment, stor-
        age facilities, gathering lines, and aux-
        iliary      non-transportation-related
        equipment  and  facilities in a  single
        geographical oil or gas field operated
        by a single operator.
         (ii) Oil  production facility (onshore)
        drainage. (A) At  tank batteries and
        central treating stations where an ac-
        cidental discharge of oil  would have a
        reasonable possibility of reaching navi-
        gable waters, the  dikes  or  equivalent
        required  under  § 112.7(c)(l)  should
        have drains closed  and  sealed  at all
        times except when rainwater is being
        drained.  Prior to drainage, the diked
        area  should be inspected as provided
        in  paragraphs (e)(2)(iii)  (B), (C), and
        (D) of this section. Accumulated oil on
        the rainwater should be picked up and
        returned  to storage or disposed of in
        accordance with approved methods.
         (B)  Field  drainage  ditches,  road
        ditches, and oil traps,  sumps or skim-
        mers, if such exist, should be inspected
        at regularly scheduled  intervals for ac-
        cumulation  of oil  that may have es-
        caped from  small leaks.  Any such ac-
        cumulations should be removed.
         (iii) Oil production facility (onshore)
        bulk storage tanks. (A) No tank should
        be used for the storage of oil unless its
        material and construction are compati-
        ble with  the material  stored and the
        conditions of storage.
         (B)  All tank  battery and central
        treating plant installations should be
        provided  with a secondary means  of
        containment for the entire contents of
        the largest single  tank if  feasible,  or
        alternate systems  such as those out-
        lined in  § 112.7(c)(l).  Drainage from
        undiked  areas should be  safely con-
        fined in a catchment basin or holding
        pond.
         (C) All tanks containing  oil should
        be visually examined by a competent
        person for  condition  and need  for
        maintenance on a  scheduled  periodic
        basis. Such  examination  should in-
        clude the foundation and supports of
        t-anir;; that are above  the surface  of
        the ground.
                                                      26
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                      Environmental Protection Agency
                              §112.7
                       (D) New and old tank battery instal-
                      lations should,  as far as practical, be
                      fail-sale engineered or updated into a
                      fall-safe engineered installation to pre-
                      vent spills.  Consideration should be
                      given to one or more of the following:
                       (11 Adequate tank capacity to assure
                      that a  tank  will not overfill should a
                      pumper/gauger be delayed in making
                      his regular rounds.
                       (2)  Overflow  equalizing  lines be-
                      tween tanks so  that  a full  tank can
                      overflow to an adjacent tank.
                       (J) Adequate  vacuum protection to
                      prevent tank collapse during a pipeline
                      run.
                       (4) High level  sensors  to  generate
                      and transmit an  alarm signal to the
                      computer where facilities are a part of
                      a. computer production control system.
                       (iv) Facility transfer operations, oil
                      production facility (.onshore). (A) All
                      above   ground  valves   and  pipelines
                      should be examined periodically  on a
                      scheduled basis for general condition
                      of  items such  as flange joints,  valve
                      glands  and bodies, drip pans, pipeline
                      supports,  pumping  well  polish  rod
                      stuffing  boxes,   bleeder  and gauge
                      valves.
                       (B) Salt water  (oil  field brine) dis-
                      posal   facilities  should  be   exained
                      often,  particularly following  a sudden
                      change in atmospheric temperature to
                      detect  possible  system  upsets  that
                      could cause an oil discharge.
                       (C) Production facilities should  have
                      a program of flowline maintenance to
                      prevent spills  from this source.  The
                      program  should include periodic ex-
                      aminations, corrosion protection,  flow-
                      line   replacement.   and    adequate
                      records, as appropriate,  for  the  Indi-
                      vidual facility.
                       (6) Oil drilling  and workover facili-
                      ties (.onshore),  (i) Mobile  drilling or
                      workover  equipment should be  posi-
                      tioned  or located  so  as to  prevent
                      spilled  oil  from  reaching  navigable
                      waters.
                       (11)  Depending  on   the  location.
                      catchment basins  or  diversion struc-
                      tures may be  necessary to  intercept
                      and contain spills of fuel, crude oil. or
                      oily drilling fluids.
                       (ill) Before drilling below any casing
                      string  or during workover operations.
                      a blowout prevention (BOP)  assembly
                      and well control system should be in--
stalled that  is capable of controlling
any well head pressure that is expect-
ed to be encountered while that BOP
assembly  is  on  the well.  Casing and
BOP installations should be In accord-
ance with State regulatory agency re-
quirements.
  (7) Oil drilling, production, or toork-
over facilities (offshore), (i) Definition:
"An oil  drilling,  production or wor-
kover facility (offshore)" may include
all  drilling  or  workover  equipment,
wells, flowlines, gathering lines, plat-
forms, and  auxiliary  nontransporta-
tion-related  equipment  and  facilities
in a single geographical oil or gas field
operated by a single operator.
  (ii)  Oil drainage collection  equip-
ment  should be  used  to prevent and
control   small  oil  spillage  around
pumps, glands, valves, flanges, expan-
sion joints,  hoses, drain lines, separa-
tors, treaters, tanks, and allied equip-
ment. Drains on the facility should be
controlled and directed toward a cen-
tral collection sump or equivalent col-
lection system sufficient  to prevent
discharges  of oil into the  navigable
waters of the United  States. Where
drains and sumps are not practicable
oil contained in  collection equipment
should be removed as often as neces-
sary to prevent overflow.
  (iii) For facilities employing a sump
system,  sump and drains should  be
adequately sized  and a spare pump or
equivalent method should be available
to remove  liquid from the sump  and
assure that oil does not escape. A regu-
lar scheduled preventive maintenance
inspection and testing  program should
be employed to  assure reliable oper-
ation of the liquid removal system and
pump  start-up   device.   Redundant
automatic sump pumps and control de-
vices may be required  on some instal-
lations.
  (iv)  In areas where  separators  and
treaters  are  equipped  with  dump
valves  whose predominant  mode  of
failure is in the  closed position  and
pollution  risk  is high,  the  faculty
should be specially equipped  to pre-
vent the escape of oil. This could be
accomplished by  extending  the  flare
line to a  diked area if the separator is
near shore,  equipping it with a high
liquid level sensor that will automati-
cally shut-in wells producing to  the
                                                          27
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                    §112.7
         40 CFR Ch. I (7-1-91 Edition)
                   separator, parallel  redundant  dump
                   valves, or other feasible alternatives to
                   prevent oD discharges.
                     (v)  Atmospheric  storage  or  surge
                   tanks should be equipped  with high
                   liquid level sensing devices or other ac-
                   ceptable alternatives to prevent oil dis-
                   charges.
                     (vi)   Pressure  tanks  should   be
                   equipped with high and low pressure
                   sensing devices to activate an  alarm
                   and/or  control  the  flow or other  ac-
                   ceptable alternatives to prevent oil dis-
                   charges.
                     (vii) Tanks should be equipped with
                   suitable corrosion protection.
                     (vlil)  A  written  procedure for  in-
                   specting and testing pollution preven-
                   tion equipment and systems should be
                   prepared and maintained at the facili-
                   ty. Such procedures should be includ-
                   ed as part of the SPCC Plan.
                     (ix) Testing and  inspection  of the
                   pollution prevention equipment  and
                   systems at the facility should be con-
                   ducted by the owner or operator on a
                   scheduled  periodic  basis  commensu-
                   rate with  the complexity,  conditions
                   and circumstances of the  facility or
                   other appropriate regulations.
                     (x)  Surface  and  subsurface well
                   shut-in  valves and devices in use  at the
                   facility   should  be  sufficiently   de-
                   scribed  to determine method of activa-
                   tion or  control, e.g., pressure differen-
                   tial, change in fluid or flow conditions,
                   combination  of pressure   and   flow,
                   manual  or  remote  control mecha-
                   nisms. Detailed records for each weD,
                   while not necessarily part of the plan
                   should be kept by the owner or  opera-
                   tor.
                     (xi) Before drilling below  any  casing
                   string, and during workover operations
                   a  blowout preventer (BOP) assembly
                   and well control system should  be in-
                   stalled  that  is  capable of controlling
                   any well-head pressure that is expect-
                   ed  to be encountered while that BOP
                   assembly is  on the well. Casing  and
                   BOP installations should be in accord-
                   ance with State regulatory  agency re-
                   quirements.
                     (xii)  Extraordinary   well  control
                   measures should  be provided  should
                   emergency conditions,  including fire,
                   loss of control and other abnormal
                   conditions, occur. The degree of con-
                   trol system  redundancy should vary
with  hazard exposure and probable
consequences of failure.  It is recom-
mended that surface shut-in systems
have redundant or "fail close" valving.
Subsurface safety valves may not be
needed in producing wells that will not
flow  but  should be  installed as re-
quired by applicable State regulations.
  (xiii) In order that there will be no
misunderstanding of  joint  and  sepa-
rate duties and obligations to perform
work  in a  safe and  pollution  free
manner, written instructions should be
prepared by the owner or operator for
contractors   and  subcontractors  to
follow whenever contract activities in-
clude servicing a weD or systems ap-
purtenant to a well or pressure vessel.
Such   instructions  and  procedures
should be maintained  at  the  offshore
production facility. Under certain cir-
cumstances  and conditions such  con-
tractor activities may require the pres-
ence  at the facility of an authorized
representative of the owner or opera-
tor who would intervene when neces-
sary to prevent a spill event.
  (xiv) All manifolds (headers) should
be equipped with check valves on indi-
vidual flowlines.
  (xv) If the shut-in well pressure is
greater than the working pressure of
the flowline and manifold valves up to
and including the header valves associ-
ated with that individual flowline, the
flowline  should be  equipped  with a
high pressure sensing device and  shut-
in valve at the wellhead unless provid-
ed with a pressure relief system to pre-
vent over pressuring.
  (xvi) All pipelines  appurtenant to
the facility should  be protected  from
corrosion. Methods used,  such as pro-
tective coatings or cathodic protection,
should be discussed.
  (xvii) Sub-marine pipelines appurte-
nant  to  the facility should  be  ade-
quately protected against environmen-
tal stresses and other activities such as
fishing operations.
  (xviii) Sub-marine pipelines appurte-
nant  to the facility should be in good
operating condition at all times and in-
spected on a scheduled periodic  basis
for failures.  Such inspections should
be documented and maintained at the
facility.
  (8)  Inspections and  records.  Inspec-
tions  required by this part should be
                                                       28
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                                                198

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                       Environmental Protection Agency
                         Pi. 112, App.
                       In accordance with written procedures
                       developed for the facility by the owner
                       or operator. These written procedures
                       and a record of the Inspections, signed
                       by the appropriate  supervisor or  In-
                       spector,  should be made part  of  the
                       SPCC  Plan  and  maintained  for  a
                       period of three years.
                         (9) Security (.excluding oil  produc-
                       tion facilities}. (1) All plants handling,
                       processing,  and storing oil  should be
                       fully   fenced,  and   entrance  gates
                       should be locked and/or guarded when
                       the plant Is not In production or is un-
                       attended.
                         (11) The master flow and drain valves
                       and any other valves that will permit
                       direct outward flow of the tank's con-
                       tent to the  surface should be securely
                       locked to the closed  position when in
                       non-operating or non-Bt&ndby status.
                         (Ill) The  starter control  on  all  oil
                       pumps should be locked In  the "off"
                       position  or  located at a site  accessible
                       only to authorized personnel when the
                       pumps are In a non-operating or non-
                       standby status.
                         (iv) The loading/unloading  connec-
                       tions of oil  pipelines  should be secure-
                       ly capped or blank-flanged when  not
                       in service or standby service for an ex-
                       tended  time.  This  security  practice
                       should also apply to  pipelines that are
                       emptied  of  liquid content  either  by
                       draining or by inert gas pressure.
                         (v) Facility lighting should be com-
                       mensurate with the  type and location
                       of the facility. Consideration should
                       be given to: (A) Discovery of spills oc-
                       curring during hours of darkness, both
                       by operating personnel. If present, and
                       by non-operating personnel  (the gen-
                       eral public, local  police,  etc.) and  (B)
                       prevention of spills occurring through
                       acts of vandalism.
                         (10)  Personnel,  training   and  spill
                       prevention  procedures.  (1) Owners or
                       operators are responsible  for properly
                       instructing  their personnel  in the op-
                       eration and maintenance of equipment
                       to prevent  the discharges of  oil and
                       applicable pollution control laws, rules
                       and regulations.
                         (U) Each  applicable facility should
                       have a designated person who  is ac-
                       countable for oil  spill prevention and
                       who reports to line management.
                         (Ill)  Owners  or  operators  should
                       schedule  and conduct spill prevention
briefings for their operating personnel
at intervals frequent enough to assure
adequate understanding of the SPCC
Plan  for that facility. Such briefings
should highlight and describe known
spill events or failures, malfunctioning
components,  and  recently developed
precautionary measures.
APPENDIX—MEMORANDUM   or  UNDER-
    STANDING  BETWEEN THE SECRETARY
    or TRANSPORTATION  AND  THE  AD-
    MINISTRATOR or  THE ENVIRONMEN-
    TAL PROTECTION AGENCY

         SECTION ii—DcnwmoNS

  The  Environmental  Protection  Agency
and  the   Department  of  Transportation
agree that for the purposes  of  Executive
Order 11548, the term:
  (1)  "Non-transportatlon-related onshore
and offshore facilities" means:
  (A)  Fixed onshore and offshore oil  well
drilling facilities Including all  equipment
and appurtenances related thereto used in
drilling operations for exploratory or devel-
opment wells, but excluding  any terminal
facility, unit or process Integrally  associated
with the  handling or transferring of oil in
bulk to or from a vessel.
  (B) Mobile onshore and offshore oil  well
drilling platforms, barges,  trucks, or other
mobile faculties Including all equipment and
appurtenances  related  thereto when  such
mobile facilities are fixed In position for the
purpose of drilling operations for explorato-
ry or development wells, but excluding any
terminal facility, unit or process  Integrally
associated with the handling or transferring
of oil In bulX to or from a vessel.
  (C) Fixed onshore and offshore oil  pro-
duction structures, platforms,  derricks, and
rigs including all equipment  and appurte-
nances related thereto, as well  as completed
wells and the wellhead separators, oil sepa-
rators, and storage facilities used In the pro-
duction of oil.  but excluding  any terminal
facility, unit or process Integrally associated
with the  handling or transferring of oil In
bulk to or from a vessel.
  ID) Mobile onshore and offshore oil  pro-
duction facilities Including all  equipment
and appurtenances related thereto as  well
as completed wells and wellhead equipment,
piping from wellheads to oil separators, oil
separators, and storage facilities used In the
production of oil when such mobile faculties
are fixed  in position for the purpos* of oU
production  operations, but excluding  any
terminal facility,  unit or process  Integrally
associated with the handling or transferring
of oil In bulk to or from a vessel.
                                                             29
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                                                   199

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                   §113.1
                   40 CFR Ch. I (7-1-91  Edition)
                     (E) Oil  refining  facilities  Including  all
                   equipment and appurtenances related there-
                   to as well as In-plant processing units, stor-
                   age  units,  piping,  drainage  systems  and
                   waste treatment units used in the refining
                   of oil, but excluding any terminal facility.
                   unit  or process  integrally associated with
                   the handling or transferring of oil in bulk to
                   or from a vessel.
                     (F) Oil  storage  facilities  including  all
                   equipment and appurtenances related there-
                   to as well as fixed bulk plant storage, termi-
                   nal oil storage facilities, consumer storage.
                   pumps and drainage systems used in the
                   storage of oil, but excluding Inline or break-
                   out storage tanks needed for the continuous
                   operation of a pipeline system and any ter-
                   minal facility, unit or process integrally as-
                   sociated with the handling or transferring
                   of oil in bulk to or from a vessel.
                     (G) Industrial, commercial, agricultural or
                   public facilities which use and store oil. but
                   excluding  any  terminal  facility,  unit  or
                   process integrally associated with the han-
                   dling or transferring  of oil In bulk to or
                   from a vessel.
                     (H) Waste treatment facilities  including
                   In-plant pipelines, effluent  discharge lines,
                   and  storage  tanks,  but excluding  waste
                   treatment  facilities  located on vessels and
                   terminal storage tanks and appurtenances
                   for the reception of oily ballast water or
                   tank  washings from vessels and  associated
                   systems used for off-loading vessels.
                     (I) Loading racks, transfer hoses, loading
                   arms and other equipment which  are appur-
                   tenant to a nontransportatlon-related facili-
                   ty or terminal facility and which are used to
                   transfer oil In bulk to or from  highway vehi-
                   cles or railroad cars.
                     (J)  Highway vehicles  and  railroad cars
                   which are  used for  the transport of oil  ex-
                   clusively within the confines of a nontrans-
                   portatlon-related facility and which are not
                   intended to  transport oil  in  interstate or
                   Intrastate commerce.
                     (K) Pipeline systems which are used  for
                   the transport of oil exclusively within the
                   confines of a nontransportation-relaled  fa-
                   cility or terminal facility and  which are not
                   Intended to  transport oil  in  interstate or
                   Intrastate commerce, but excluding pipeline
                   systems used to  transfer oil  In bulk to or
                   from a vessel.
                     (2)  "Transportation-related  onshore  and
                   offshore facilities" means:
                     (A) Onshore and offshore terminal facili-
                   ties Including transfer hoses,  loa/ting arms
                   and  other  equipment and appurtenances
                   used  for the purpose of handling or trans-
                   ferring oil in bulk to or from a vessel as well
                   as storage  tanks and appurtenances for the
                   reception of oily ballast water or tank wash-
                   ings from  vessels, but excluding  terminal
                   waste treatment facilities and terminal oil
                   storage facilities.
          (B)  Transfer  hoses, loading arms and
         other  equipment  appurtenant  to a  non-
         transportatlon-related facility which is used
         to transfer oQ in bulk to or from a vessel.
          (C) Interstate  and Intrastate onshore and
         offshore pipeline systems including pumps
         and appurtenances related  thereto as well
         as in-line or breakout storage tanks needed
         for the continuous operation of a pipeline
         system, and pipelines from onshore and off-
         shore oil production facilities, but excluding
         onshore and offshore piping from wellheads
         to  oil separators and pipelines which are
         used  for  the transport of oil  exclusively
         within the confines of a nontransportation-
         related facility  or  terminal facility and
         which are not intended  to transport  oil in
         Interstate  or Intrastate  commerce or  to
         transfer oil in bulk to or from a vessel.
          (D)  Highway  vehicles and  railroad cars
         which are used  for the  transport of  oil In
         interstate  or Intrastate commerce and the
         equipment and appurtenances related there-
         to, and equipment used for the fueling of lo-
         comotive units, as well as the rights-of-way
         on which they operate. Excluded  are high-
         way vehicles and railroad cars and motive
         power used exclusively within the confines
         of  a nontransportation-related  facility  or
         terminal facility and which are not intended
         for use in Interstate or Intrastate commerce.


         PART   113— LIABILITY  LIMITS   FOR
           SMALL  ONSHORE   STORAGE   FA-
           CILITIES
               Subpori A—Oil Storage FodlHi**
         Sec.
         113.1
         113.2
         113.3
         113.4
Purpose.
Applicability.
Definitions.
Size classes  and
                                associated  liability
            limits for fixed onshore  oil storage fa-
            cilities. 1.000 barrels or less capacity.
         113.5  Exclusions.
         113.6  Effect on other laws.

          ATTTHORITY: Sec. 311(f)(2). 86 Stat. 867 (33
         U.S.C. 1251 (1972)).
          SOURCE  38  FR  25440.
         unless otherwise noted.
                    Sept. 13. 1973,
           Subpart A—Oil Storage Facilities

         § 113.1   Purpose,
          This subpart establishes size classifi-
         cations and associated  liability limits
         for  small onshore oil storage facilities
         with fixed capacity of 1,000 barrels or
         less.
                                                            30
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                                      SECTION 3

                                        PARTI

                         DOCUMENTING AN OIL SPILL
The OSC and the cleanup supervisor are responsible for ensuring the accurate documentation of an
oil spill cleanup operation. This documentation is necessary for protection in the event of lawsuits.
It is also a valuable tool to improve the management of cleanup operations and thus reduce expenses.
The study of well documented histories of past oil spills can also be used to improve a facilities oil
spill prevention program.
THE DAILY LOG

Regardless of who responds, documentation has to be completed.  A log of daily events should be
kept from the time a spill is first noticed until cleanup operations are complete.  One person should
be delegated the responsibility of recording all data pertaining to the spill on a daily basis. For legal
purposes, bound volumes with consecutively numbered pages should be used rather than looseleaf
notebooks.  Records kept in looseleaf notebooks could be subject to claims that information was
purposefully removed or added.   Each  entry should record the date, time, place,  action  and
signature(s) of the witness(es). Because of its value particularly as potential legal evidence, the log
must be kept in a secure place.

Any information that could be of importance should be recorded while the  clean-up is in progress.
Small, portable tape recorders allow a supervisor to verbally document operations as he views them
from the air, water or land.  Tapes should be transcribed daily.  Large spills may necessitate each
supervisor to keep a personal log.  Entries from such logs should be consolidated and recorded into
the headquarters log.  Information should be as complete as possible.

Some of the more important points to document include:

        1.    The limits of the spill. (Did the oil reach a certain intake, marina, beach or  marsh?)

        2.    Damages resulting from the spill.  (Were warnings issued?)
              a.      Property
                     1)      boats - names and registration numbers
                     2)      other
              b.      Life
                     1)      human injury  or death - names, addresses, extent of injuries
                     2)      livestock - number of owner(s), address(es)
                     3)      wildlife - number of oiled birds collected, numbered cleaned, number
                            surviving
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       3.     Prior condition of the area and property if known.

       4.     Cleanup operations.
              a.      Equipment and manpower available (cooperatives, contractors)
              b.      Actions taken (equipment and techniques employed, chemicals used, etc.)
              c.      Assessment of effectiveness/recommendations

       5.     Orders, directions on decision-making events.
              a.      The OSC  shall  keep a log  of the decision-making events during the spill
                     cleanup.  This is particularly important when the OSC approves the cleanup
                     area.  This procedure will  ensure that the orders from the OSC are very
                     clear.
              b.      The  spiller  shall  record  all orders  and  directions  from  the  on-scene
                     coordinator in a log because the spiller is officially responsible to the federal
                     on-scene coordinator.

       6.     Record of manpower, equipment and materials used.
              a.      Contractors on a federal  cleanup, shall  submit to the OSC, daily time sheets
                     listing manpower, equipment and materials used.
              b.      These documents shall be signed by the OSC representative and the contractor
                     supervisor at the close of each work day.
              c.      Contractors must understand that only charges so verified and authorized by
                     the OSC will be accepted for payment.  This action will avoid disagreement
                     upon completion of the cleanup.
PHOTOGRAPHS

Color photographs should be taken to record the source and the extent of the spill and the cleanup
effort.  A 35 mm camera is recommended for documentation.  The following information should be
recorded at the time each picture is taken:

        1.     name and location of the vessel, facility or site,

        2.     date and time the photograph was taken,

        3.     names of photographer and witnesses,

        4.     description of what is being photographed, and

        5.     reference to outstanding landmarks.
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In addition, lawyers often want information on shutter speed, f-stop, type of film used and details
of film processing.  A Polaroid camera  can be useful by providing the  photographer with an
immediate visual record, allowing a scene to be reshot if needed to obtain an acceptable photograph.
For large spills, a professional photographer should be hired to handle photographic documentation.
The professional photographer will require information regarding what is to be photographed.  The
photographer's name and number should be in the contingency plan.
OIL SAMPLING

Oil sampling is an important part of documentation during the spill and the cleanup.  The federal
OSC may split the sampling with the responsible parties to verify the analysis.  An oil spill can result
in a lawsuit, so all the facts of a spill should be available from the beginning of the  spill to its
cleanup completion.

Methods of identifying particular oils essentially match samples based on the assumption that no two
oils have identical compositions unless they have identical histories.  This relationship has been
termed the "fingerprint principle" because, in theory, every oil is unique.  It should be emphasized
that this  is a theory since weathering will tend to alter the composition of an oil, making it more
difficult to trace.  Co-mingling with other products and  contamination are also significant problems
in fingerprinting.
SAMPLING PROCEDURES FOR OIL SPILLS ON WATER

At the present time, there is no standard procedure for oil sampling although the EPA, U.S. Coast
Guard and ASTM are expected to  publish methods  soon.  Until then,  the  following procedures
should be considered.

The objectives of oil sampling are to:

        1.     Determine the quantity of oil that makes identification possible after consultation with
              the lab,

        2.     obtain a true representation of the oil;

        3.     handle the sample properly so that it is not contaminated or altered in any way; and

        4.     protect the legal validity of the sample identity  and subsequent analyses.

As  a part  of the  planning  procedure, a  sampling kit should be assembled which  includes the
following items:

        1.     spatula,

        2.     note pad,


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        3.     pens with indelible ink,

        4.     sample bottles, glass or Teflon, with lids (pint, wide-mouth bottle and Teflon-lined
              lid),

        5.     labels to identify location,

        6.     packing material or appropriate case to prevent breakage of sample bottles during
              shipping,

        7.     pads for some type of sorbent material to pick up rainbows, and

        8.     rags for cleanup of personnel.

The recommended sample size varies, but generally one pint is sufficient.  Many of the procedures
used for identification require only a small amount of material, so a sample should be taken even if
a full pint cannot be obtained.  Duplicate samples should be taken from each area so that one bottle
can be sent to the laboratory for analysis and the other retained for reference.  Glass and Teflon are
the only two types of containers  recommended  for oil spill sampling.  Glass containers are most
frequently used because they are less expensive and more available. Care should be taken in packing
glass  containers in dry ice.  For this duty it is better to use Teflon containers.  A Teflon-lined top
should be used, but any non-metallic  closure  is acceptable.  Unused containers are preferred,
although previously used containers that have been cleaned with a strong detergent and thoroughly
rinsed are acceptable.

Sampling  a  slick is a simple procedure, but care must be taken to get a true representation of the
spill.  When the oil is several inches thick the person taking the sample can skim a sufficient amount
from the top.  However, when the oil is thin this is not possible.  Plenty of samples should be taken
when there is enough available and the excess should be stored as duplicates. It  is best to keep the
samples cold to prevent biological and chemical degradation.

To obtain a large enough sample from a thin  layer  of  oil, first skim as much oil  into a jar  as
possible.  Then turn the bottle upside down (with the cap screwed on) and slowly unscrew the cap.
Let the water run from the jar but tighten the  cap before the oil escapes.  Repeat this procedure
several times until a reasonable oil sample size is obtained.

When oil layers are so thin (rainbows) that a sample cannot be obtained using the upside-down
method, absorbent pads may be used.  Several  types  are available and may be cut to size.   Glass
fiber  insulation  material is used by some Coast Guard offices to take samples. This material has a
special coating that does not contaminate the sample.  Pads used in gun cleaning also work well.
The pad should be placed in an appropriately sized bottle after it is well oiled.  Several pads should
be oiled to obtain enough oil for analysis and placed in a sample bottle.  The bottle should be labeled
as to  the type of pads used. Other acceptable pads are sheets of Teflon, polypropylene fiber,  rayon
waste and polyurethane foam.  Another sampling device that is used fairly frequently is aluminum
foil.  A sheet of heavy-duty foil is skimmed  along the surface of the spill and placed into a jar.
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SAMPLING OILED BEACHES

Oil spill samples on beaches can be collected by picking up oil-coated sand and transferring it to
containers. Oil on rocks or debris can be scraped into containers with a spatula.
SOIL SAMPLING

Oil spill samples on dry land can be collected by picking up oil-coated soil and transferring it to
containers.  Oil on rocks or debris can be scraped into containers with a spatula.
REFERENCE SAMPLES

Reference samples are taken to determine the source of the spill.  Reference samples are important
because oil identification is basically accomplished by matching the oil sample with the reference to
determine the oil's origin.  Reference samples should be taken from every possible spill source in
the area even though some may not appear to be involved with the spill.  The references should be
properly labeled and described in a log as to location, nature and why they were selected.  All facts
pertaining to the reference samples must be in writing and witnessed to be legally valid.

Underground leaks from service station tanks present some different sampling problems.  Gasoline
may seep through the ground and float on the water table, traveling several miles underground.  For
this reason, it is important to obtain reference gasolines from all possible seepage sources, even
though they may not be in the immediate vicinity of the spot where the leak was discovered. This
would include service station underground tanks, surface storage tanks and pipelines.
SAMPLE ANALYSIS

As part  of  the  oil spill cleanup preparation, arrangements  should be made with an  analytical
laboratory to analyze oil samples.  After samples are collected and witnessed, the person handling
the sampling should oversee the packaging and shipping.  The person in charge should state in a
letter that he observed the samples being packaged and that he took the package to the carrier, who
received it and marked it in some distinctive way (i.e., adhering a numbered form to it). He should
also state that he requested the carrier to return to him evidence that the package was  delivered to
the addressee.  He should attach to the letter the carrier's receipt for the package and follow up to
see that the  package was delivered.

When  samples  reach the laboratory, chemists have  several analytical methods at their disposal to
identify  the sample.   The  most commonly accepted  methods are  gas  chromatography,  atomic
absorption spectrophotometry  and infrared analysis.  These methods utilize various characteristics
of the  oil to identify it.
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Gas chromatography is used to characterize the organic components such as isooctane and propane.
A small quantity of the sample is injected into  a carrier gas and enters a small diameter column,
usually several feet long, filled with a chemical packing material.  The column is heated to control
the rate the sample fractions move through the column. The small molecules travel at a faster rate
than the long chain molecules and are detected  at the end through a flame measuring technique or
by other methods.  Standard pure organic samples are also injected in the column. The readout oil
sample is  compared to the readouts for standards.  The device can determine quality and quantity
of different fractions of oil.

Atomic absorption spectroscopy is used in oil identification to determine the nickel/vanadium ration
of oils.  This procedure is based on the premise that  the nickel/vanadium  ratio is unique to a
particular  oil and  does not change  significantly  during weathering.   In atomic  absorption
spectrophotometry, a light beam is directed through a flame that is burning the sample, then the light
from the flame passes through  very small grids and onto a detector that measures  the amount of
light.  The wavelength  of the light beam is characteristic of the metal being determined,  and the
amount of light energy absorbed by the flame is a measure of the concentration of that metal  in the
sample.

Infrared analysis is useful  in oil analysis because nearly all chemical compounds show marked
selective absorption  in  the  infrared regions.   It has been found that  infrared spectra are very
complex, making it improbable that any two compounds will have identical curves.  The instrument
is capable of generating light over a range of wavelengths in the infrared region.  The sample is
placed in  a glass  vial and  infrared light  passed through.  Absorption of the infrared radiation
displaces the atoms from their normal positions and causes them to oscillate.  The remaining light
passes on  to a photocell and results in a reading on a graph.
SUMMARY

One of the most important tasks of the cleanup operation is to accurately record the history of the
oil spill.  The purpose of documentation is to protect the company, minimize expenses and use the
log as a basis for critiquing the spill prevention and cleanup programs. It is important to record the
extent of the spill, orders that were received from the government on-scene coordinator, major orders
given to others and an assessment of the cleanup  activities each day.  Because one does not know
what may be important at the time, it is necessary to take more pictures, and samples and to record
the written information than one may believe necessary.

The spilled oil should be documented by taking samples of unspilled oil for reference and spilled oil
for comparison.  The sampling program and arrangements for sample shipping and chemical analyses
should be preplanned.
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FURTHER READING

Haubold, S.A. 1981.  Contingency planning for oil spill litigation.  In: Proceedings, 1981 Oil Spill
Conference,  pp. 691-694. American Petroleum Institute, Washington, D.C.

Lawler, G.C. and J.L. Laseter.  1979.  Analytical documentation of spills of oil and hazardous
substances into  the  marine development.   In:   1979 U.S. Fish  and Wildlife Service Pollution
Response Workshop,  pp. 172-198.  U.S. Fish and Wildlife Service, Washington, D.C.
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                             APPENDIX I

                     OIL SPILL DOCUMENTATION
A COMPLETE WRITTEN OR TAPED RECORD SHOULD BE MADE OF ALL ACTIONS
TAKEN DURING A RESPONSE ACTIVITY. TO THE DEGREE POSSIBLE, THE RECORD
SHOULD BE MADE AS EVENTS OCCUR.

THE RECORD SHOULD INCLUDE AS A MINIMUM:

     NOTIFICATION INFORMATION.

     A TIME RECORD FROM THE SPILL INCIDENT TO COMPLETION OF
     CLEAN-UP.

     AMOUNT AND TYPE OF MATERIAL SPILLED, EXTENT OF THE SPILL,
     AND ANY OTHER VISUAL OBSERVATIONS.

     AN  ANALYSIS OF THE  SPILLED MATERIAL, COMPARING UNSPILLED
     AND SPILLED.

     THE RESPONSE TAKEN.

     PARTY IDENTIFIED  AS LIABLE FOR SPILL RESPONSE AND CLEAN-UP
     COSTS.

     ALL CONVERSATIONS WITH NON-COMPANY PERSONS.

     A LISTING OF ALL PERSONS AT THE SCENE.

     ALL COSTS INCURRED.

     A DETERMINATION  OF MATERIAL RECOVERED.

     AN ASSESSMENT OF DAMAGES.

WHENEVER POSSIBLE, PHOTOGRAPHS SHOULD BE TAKEN TO ESTABLISH A VISUAL
RECORD.
                                         by:   CAPTAIN TIM PLUMMER
                                              Marine Superintendent
                                              The Standard Oil Co. (Ohio)
                                              200 Public Square
                                              Cleveland, OH  44144-02375

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NOTIFICATION INFORMATION

       Date and Time of notification of spill.
       Person reporting the spill.
       Telephone number to reach person reporting the spill.
       Vessel name.
       Location of spill (detailed).
       Date and time of the spill.  Occurred or discovered.
       Type of material spilled.
       Quantity of material spilled.
       Source of the spill:
              Tank Overflow
              Pipeline Failure
              Hose Failure
              Tank Rupture
              Overboard  Seasuction
              Other
              Unknown
       Is spill stopped or  continuing.
       If continuing what is the flow rate and quantity remaining that could be spilled.
       Actions underway  and planned to stop the spill.
       River and weather conditions (i.e., river stage, wind speed and direction, visibility,
       forecast).
       Summary of vessel damage.
       Notification information:
              Who was notified of the spill and when.
WRITTEN RECORD

All information should be as complete as possible.  Assign a historian to keep THE written record
of what is happening.

His/her only job is to keep the record.

For legal purposes, bound volumes with consecutively numbered pages should be used rather than
loose leaf notebooks.

Each entry should include date, time, place, action, and signature of witnesses.

Small, portable tape recorders are very handy to use, but tapes should be transcribed daily into THE
written record.

There should  be  ONE record telling the whole  story of the spill and  cleanup efforts describing
everything that took place.
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AMOUNT AND TYPE OF MATERIAL SPILLED/EXTENT OF THE SPILL/OTHER VISUAL
OBSERVATIONS

The limits of the spill.  Where has the oil reached and where is it likely to reach.
AN ANALYSIS OF THE SPILLED MATERIAL - SAMPLES

The objectives of oil sampling are:

       1.    To obtain a quantity of oil that makes identification possible.

       2.    To obtain a true representation of the oil spilled.

       3.    To handle the sample properly so that it is not contaminated or altered in any
             way.

       4.    To protect the legal validity of the sample identity and subsequent analyses.
             Proper labeling: date, time, location sample was taken, sampler.

The spilled oil should be documented by taking samples of unspilled oil for reference and spilled oil
for comparison.  The sampling program and arrangements for sample handling and analyses should
be preplanned.
THE RESPONSE TAKEN

Equipment and manpower available from refinery, cooperative and contractors.

Actions taken, equipments used, techniques employed, chemicals used, etc.

Assessment of the effectiveness of the cleanup efforts each day.

PARTY IDENTIFIED AS LIABLE FOR SPILL RESPONSE AND CLEAN-UP COSTS.

If a vessel causes a spill, they would  be responsible for the clean-up and costs.

We may have to or want to assume the responsibility for clean-up.

Our reputation and image are very important to us. If this is done we will pass the costs back to the
vessel.

ALL CONVERSATIONS WITH NON-COMPANY  PERSONS.

Coast Guard, EPA, Police, Fire, etc.



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Media or other private sector should be referred to Public Affairs.

The government On-Scene Coordinator is overall in charge, so be  sure to record all orders and
directions from him/her.  Then have him/her sign to acknowledge.
A LISTING OF ALL PERSONS AT THE SCENE

       Officials:           U.S. Coast Guard
                          EPA
                          Police
                          Fire
                          Others

       Contractors:         Persons in charge.
                          Total number of workers.
                          Shifts and hours worked.
ALL COSTS INCURRED

Contractors should be required to submit time sheets daily  listing manpower,  equipment, and
materials used.

These should be verified daily by a Sohio designated representative and contractor's representative
and stipulated as a requirement with the contractor for eventual payment.
DETERMINATION OF MATERIAL RECOVERED

This illustrates the effectiveness of the clean-up and helps to determine the amount of oil not
recovered.
AN ASSESSMENT OF DAMAGES

       Property

              1.     Boats:  names and registration numbers.
              2.     Docks:  location.
              3.     Other.
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       Life
              1.      Human injury or death - names, address, extent of injuries.
              2.      Livestock - numbers, owners, addresses.
              3.      Wildlife - number of oiled  birds  collected,  number  cleaned,  number
                     surviving.

       Include prior condition of the area if known.
PHOTOGRAPHS

Color photographs to help document the extent of the spill and clean-up effort.  A 35 mm camera
is recommended.

The following information should be recorded for each photo.

       1.      Name and location of vessel, facility or site.
       2.      Date and time.
       3.      Names of photographer and witness.
       4.      Description of what's being photographed.
       5.      Reference to outstanding landmarks.

A polaroid is helpful for immediate use. A professional photographer should be used for large spills.

Use of a video camera is also very helpful to illustrate a perspective not possible with photographs.
NEED FOR GOOD DOCUMENTATION

       Potential for legal scrutiny.
       Insurance support.
       A reference if lawsuits occur.
       Substantiate or disprove clean-up costs.
       Illustrate to officials the efforts made.
       Minimize expenses.
       Improve contingency plans and future responses.
SUMMARY

Because one does not know what may be important at the time, it is necessary to take many more
pictures, take  more samples and record much more written information than one  may believe
necessary.  In other words, you can't record too much information.
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                                     SECTION 3

                                       PART II

                         OIL CLEANUP CONTRACTORS
Numerous contracting companies have been formed in recent years to  assist in oil spill cleanup
operations. These companies range in size from the very small organization with limited equipment
to large well-staffed and well-equipped companies capable of handling major spills.  The services
of general contractors not necessarily in the oil  spill cleanup business are also important during
cleanup operations.  In all cases, the function of  a third party contractor is to assist a company in
cleaning up a spill.
CONTRACTING SERVICES AVAILABLE

Oil spill contractor services can range from furnishing equipment items, such as vacuum trucks or
pumps, to providing complete cleanup of a spill on a turn-key basis. The more limited assistance
of providing equipment can usually be arranged through heavy equipment contractors in most parts
of the country.  Contractors that offer the service of turn-key oil spill cleanup are usually located
near major petroleum production, manufacturing and distribution centers.

A company  may  find  its  needs  served best by  prearranging for the  services of a number of
contractors in their area. For example, a company may have an agreement to rent heavy equipment
with operators from a highway contractor, small equipment such as pumps, chain saws and portable
lights from a contractor supply firm; helicopters  from an aircraft  company; boats  from a barge
company; and cleanup services from several oil cleanup contractors.

Some specific services that can be obtained from an  oil cleanup contractor include:

       1.     spill-response units on call 24 hours a day that include well equipped trucks  and
              trained personnel to combat a spill  in the initial stages;

       2.     backup manpower and equipment for large spills;

       3.     large,  offshore or bay-type self-propelled skimmers;

       4.     warehouses stocked with  sorbents and booms;

       5.     rental  agreements  with other contractors to bring  in additional  vacuum trucks  and
              other equipment;

       6.     experienced personnel to assist in supervising cleanup operations;
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       7.      commercial disposal sites for oily debris; and

       8.      oil reclamation facilities for recovered oil.



MANPOWER SUPPLY

One of the most important contract services is to provide a nucleus of trained supervisory personnel.
It is essential that enough  trained supervisors be available to prevent individuals from becoming
overextended and unable to direct the work properly.

No  one would expect a contractor to keep more than a skeleton crew available at any time for a spill,
so provisions must be made to greatly expand the contractor's force  as required.  The contractor
should have files on potential workers and may make public appeals for labor.  These people will
be inexperienced and must have careful supervision. One contractor in New York believes that this
is best solved by operating a union company and hiring workers from the union hall. This can have
its disadvantages by raising the price for unskilled as well as skilled workers.

A large contractor in  the  Houston area built his business from a waste  oil hauling  and disposal
operation.  He is capable of expanding to a  100-person oil spill labor force  because of drivers
available for his trucking operation. This method of expanding his labor force has proven valuable.
THE CLEAN CHANNEL INC. CONTRACTOR

The second company described above acts as the contractor for Clean Channel Inc. of Houston.  In
this  arrangement the contractor is  called by  member companies  to  handle the  entire cleanup
operation. Some members have personnel on call to contain the spill by deploying booms for quick
containment but leave the cleanup operation to the contractor. This contractor works the Texas City
area as well as Houston and therefore keeps equipment and personnel at each location. A warehouse
is located at the Houston site to store equipment, boom and sorbent. Facilities have been installed
to clean  boom equipment using steam and  solvent.   Access to the warehouse is by boat  off the
Houston  Ship Channel, by highway and by helicopter. A helicopter  pad has been constructed from
an old building slab.
THE CLEAN GULF CONTRACTOR

Halliburton Services of Harvey, Louisiana, is the prime contractor for Clean Gulf Associates.  This
arrangement calls for the contractor to own and maintain the cooperative's equipment and to supply
special services.  Halliburton does not supply manpower to  operate the equipment and does not
supply boats.   These are  furnished by the member companies  involved in the cleanup, but the
contractor does provide three marine supervisors in an advisory capacity.
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Halliburton has agreed to make available other personnel such as mechanics and foremen to assist
the supervisory personnel from member companies of the Halliburton Marine Supervisors.  The
additional labor is paid at the contractor's normal rates.  With regard to manual labor, Halliburton
assists a company in securing personnel through Brown and Root or tidelands Marine.
THE CONTRACTOR AS AN OIL SPILL EQUIPMENT SALES OUTLET

Many contractors double as oil spill cleanup sales outlets.   This gives  them an opportunity to
diversify and to obtain  equipment at discount prices.  Because  these companies also use their
products under  actual  spill conditions, they are in a good position to evaluate the equipment.  A
number of contractor-sales operations sell booms stamped with their own name. The boom is made
by a manufacturing company, but often to a  particular contractor's specifications. Some of their
changes may be extra handholds, anchor points, or additional  reinforcement.
PREVENTING CONFLICTS WITH CONTRACTORS

Some conflicts between agencies  and  cleanup  contractors  in the past have  originated  from
disagreement over charges for equipment and manpower.  To prevent problems, a cleanup supervisor
should be assigned to each contractor to carefully follow the operation.  The supervisor should keep
a daily  log  of  all contractor operations  and  have a meeting each afternoon with  the contractor
superintendent  to discuss what was  accomplished, what  needs to be done the next day, what
equipment will  be charged to the job  and the  number and classification of labor hours that will be
charged for the day.  If charges for each day's operation are agreed to by the agency and the
contractor,  fewer problems should arise when invoices are received.

Some specific points to discuss with the contractor include:

       1.      What equipment at  the job site is  being charged to the  project but is no  longer
              required?

       2.      What is the procedure  for charging overtime for personnel?

       3.      At what rates are overtime charges made?

       4.      Are living expenses  charged to the job?

       5.      Are protective clothing and hand tools charged to the job?

Contractor  rates should be agreed on  before a spill occurs, not during a spill.   Participants  in this
course should determine if their company  and its contractors have mutually  approved a rate schedule
that can be  employed for oil spill  cleanup. Because of inflation the contractor will probably specify
an expiration date on the rate sheet.  If this is the case, a new rate sheet should be obtained as prices
expire.
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WHO DOES THE CONTRACTOR WORK FOR?

Depending on the spill, the contractor may work for the company responsible for the spill or for the
EPA or Coast Guard.  If the contractor works for the responsible party, the OSC can direct the
clean-up through the responsible party representative.  Usually, contractors employed by the Coast
Guard have been called in to handle mystery spills or spills that the spiller will not or cannot clean
up.  In  some cases a contractor may initially be hired by  the spiller, but if cleanup costs become
prohibitive, the Coast Guard may assume cleanup responsibility and directly supervise the contractor.
Contractors working  for the  U.S. Coast Guard or EPA are paid from the Oil Spill Liability Trust
Fund established by the Oil Pollution Act of 1990. Although in such cases the U.S. Government
assumes cleanup responsibility, the spiller is  still  liable to  the U.S. Government for cleanup costs
up to his limit  of liability regardless of what costs  the spiller encumbered prior to having turned the
spill over to the Coast Guard or EPA.
CONTRACTOR'S PROBLEMS

Contractors often encounter difficulties collecting payment for their services.  Many ship company
spills are paid through insurance claims and the insurance companies tend to pay only a portion of
the contractor's cost. The contractor is expected to keep hundreds of thousands of dollars worth of
specialized equipment ready to go at all times backed by an army of well-trained laborers. This is
not economically  practical and companies should not expect this type of service without paying for
it.  A company that wants to  continue to have the services of a competent contractor will see that
all bills are verified and paid as expeditiously as possible.
PREPLANNING CLEANUP OPERATION WITH THE CONTRACTOR

If a company expects to rely on a cleanup contractor for a significant portion of the operation, the
facility response plans will identify a contractor.  Since oil will often move great distances after a
spill occurs, the expected response time of the contractor is an important consideration for pre-
planning cleanup operations.  The company developing the contingency plan must know how the
contractor will respond when called, i.e., how long it takes, what equipment will be moved in on
initial call up and what manpower will respond to the spill. Arrangements must be made for early
communication between the company and the contractor.

Contractors can assist in determining recovery  locations that will be adequate for their equipment in
obtaining disposal sites for debris and waste oil.  The  contingency plan should be developed as a
team effort between the contractor and company, and the plan must be updated as required.
SUMMARY

Becoming acquainted with area contractors, their capabilities and services can result in an improved
contingency plan.  Information regarding what equipment contractors have available to them, where


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they obtain their labor and what their limitations are as far as numbers and experience should be
obtained.  The company should determine if a contractor has something special to offer, such as an
oily water disposal system or a solid waste landfill.  Rates and responsibilities should be agreed on
before a spill occurs.  A company representative should be assigned to follow the contractor's work,
and charges for the amount of manpower and equipment used each day should be determined during
a meeting with the contractor at the end of the day.
TYPICAL CONTRACTUAL AGREEMENT OUTLINE

All segments should be written by company personnel who are experienced with writing contracts.
A typical contractual agreement between an oil cleanup contractor and a company should contain the
following:

        1.     name, address and telephone number of contractor to perform services;

        2.     name of company to receive services;

        3.     purpose of agreement;

        4.     where the services will be performed;

        5.     details of services to be performed and unit cost of each service;

        6.     statement on the liability of all services provided by  the contractor;

        7.     what the company will provide;

        8.     statement on the liability of the company;

        9.     how work will be supervised by the company;

       10.    when and how payments will be made to the contractor;

       11.    dates the agreement will be in  effect;

       12.    statements on dissolving the contract and/or obtaining compensation upon failure by
              the contractor to  act or, in the event he acts, in some manner not in the interest of
              the company;

       13.    signatures of each party; and

       14.    date signed.
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                                     SECTION 3

                                      PART III

                    OIL  SPILL CLEANUP COOPERATIVES
Oil spill cleanup cooperatives have been formed by companies to help provide a more effective and
economical capability for oil spill cleanup than that which can be provided by a single company.
Although there are many cooperatives in existence, they differ in organization and management.  The
size of a cooperative can range from a two-company gentleman's  agreement to loan equipment to
a fully staffed organization such as Clean Bay Inc. of the San Francisco area that owns over two
million dollars worth of specialized equipment and is  capable of handling  almost  any oil spill
situation.
SMALL EQUIPMENT COOPERATIVES

A small equipment cooperative can be formed between two or more companies for their mutual
benefit.   A  simple agreement  outlining the purpose and operating procedures of the proposed
cooperative is drawn up and submitted to each party for written approval.  The  agreement can
commit all or part of available equipment for other members' use. Booms, sorbents and skimmers
are usually the items shared. Each member facility should have a reasonable supply of all items in-
house for initial containment and cleanup of any potential spill, relying on equipment owned by other
members as backup for larger spills.
THE CLEAN BAY INC. COOPERATIVE

Advantages of larger cooperatives such as Clean Bay Inc. become apparent during large-scale spills.
Because of the size of the 1973 Oakland Estuary spill (about 4,000 barrels) Clean Bay Inc., a well-
organized, competent cleanup cooperative, was designated by the Coast Guard on-scene coordinator
as principal cleanup contractor. Within two hours after activating Clean Bay's contingency plan, a
mobil communications headquarters was established at the spill site and cooperative supervisors were
on-scene arranging for additional materials, contract laborers, trucks and marine equipment.  Two
12-hour shifts manned the  operation around the clock.   Cooperative  manpower included  122
supervisors augmented by 462 contract personnel. Major equipment included 8 large skimmers, 20
other major marine vessels, 30 small boats, 40 tank, dump and vacuum trucks, 3  helicopters and
stockpiles of equipment and supplies such as pumps, hoses, hand tools, floodlights  and sorbents.

The Clean Bay oil spill response team managed the cleanup, directing the activities of personnel and
equipment supplied by  48 contractors.   The cooperative provided a full complement of business
functions including supervision, purchasing, accounting,  engineering, public relations  and legal
counsel.
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Cooperative management was supplied by member company installations in the area.  When the
contingency plan was activated,  foremen, engineers, superintendents and supervisors that had been
predesignated and pretrained left their regular duties at local refineries, terminals and offices to take
their places in the Clean Bay organization, serving as area foremen, communications operators, Coast
Guard liaison coordinators or in a number of other positions.

It is obvious that a tremendous amount of planning is  necessary to successfully operate a major
cooperative such as Clean Bay Inc. The effectiveness of the cooperative effort relies heavily on an
up-to-date comprehensive contingency plan which  reflects changes in the personnel and equipment
inventories of its participants. Each man called for duty must know where to go and what to do, and
because of shift work, sickness and vacation schedules, each person must have additional alternates
ready to take his place.
THE CLEAN GULF COOPERATIVE

Clean Gulf Associates  (CGA),  a large equipment cooperative based in New Orleans, Louisiana,
obtains  all equipment  and some manpower  on a contract lease basis from  Oil  Field  Service
Corporation has three basic goals:

        1.     to provide oil spill containment and cleanup capability for use by member companies;

        2.     to maintain equipment at strategic locations in a state of 24-hour readiness;  and

        3.     to evaluate technological advances for possible use by Clean Gulf.

Current  membership includes  37 companies whose  operations cover  98 percent  of the  total
production area along the Gulf Coast.  Membership is open to new companies at any time.

Five basic points that help explain the relationship between the contractor, Halliburton Services and
Clean Gulf Associates are as follows.

        1.     The contractor  purchases  equipment  authorized by the Cooperative  Executive
              Committee made up of members from each industry.

        2.     The contractor  stockpiles  equipment at different locations to provide optimum
              coverage of the area.

        3.     The contractor leases the equipment exclusively to Clean Gulf.

        4.     The contractor furnishes three full-time marine supervisors to maintain equipment in
              good working condition,  to train member  company personnel and  to give on-scene
              operational assistance.

        5.     The contractor provides one full-time engineer to work on new equipment design and
              evaluation.
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An operations manual is distributed to all member companies.  The manual  contains detailed
procedures for obtaining equipment, daily rental fees, equipment descriptions including limitations
and operating instructions and manpower requirements for each item. It also includes an inventory
of the oil spill containment, cleanup and auxiliary equipment stockpiled by companies along the Gulf
Coast. The manual, in conjunction with training aids developed by the cooperative, provides a good
base for training personnel who will be responsible for supervision of oil spill cleanup.

The cooperative maintains a mobile response unit ready to be dispatched to any member company's
spill.  The unit comes to the job with sufficient manpower and equipment to handle small spills and
will initiate containment of larger spills until more help arrives.

Some of the special equipment in the Clean Gulf inventory are as follows:

        1.     a barge-mounted high volume open sea skimmer system,

        2.     helicopter spray systems,

        3.     bird scare equipment,

        4.     a waterfowl rehabilitation unit and

        5.     shallow water skimmers.
ADVANTAGES AND DISADVANTAGES OF COOPERATIVES

Cooperatives offer the advantages of expanded cleanup capabilities without the burden of total cost
for such services.  These features are particularly attractive for small, remote facilities, although the
disadvantages of cooperative endeavors must also be considered.  Possible disadvantages include:

        1.     inconvenience of location of member equipment,

        2.     additional  response time needed to enter, locate contact personnel, load equipment
              and return to spill site,

        3.     incompatibility of equipment (particularly booms),

        4.     decreased  capacity to respond in the event member spills occur concurrently and

        5.     failure to return equipment in proper condition or at all.

Preplanning,  tight organization, written agreements which  clearly delineate  responsibilities of
members and a sincere cooperative spirit can go a long way in eliminating most of the above and
at least minimizing others.
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HOW TO TAKE FULL ADVANTAGE OF A COOPERATIVE

Participants can take full advantage of a cooperative by:

        1.     learning the operation of the cooperative and taking an active part by meeting other
              members and attending meetings;

        2.     visiting member facilities, examining their equipment and checking to see that the
              inventory sheet for their facility is current;

        3.     verifying the procedure to obtain member equipment and having  current telephone
              numbers and names;

        4.     learning how to use any specialized equipment available from other members and
              training company personnel in its use;

        5.     visiting larger, more organized cooperatives to see how their methods could be
              incorporated into the local cooperative;

        6.     updating information on equipment for other members; and

        7.     seeing that cooperative members hold regular drills to simulate oil spill conditions.
HOW TO FORM A COOPERATIVE

After checking the company contingency plan, it should be determined if additional manpower and
equipment from an outside source would be beneficial.  If a cooperative can be of help, the company
should consider  joining.   If  there are one or more companies nearby that  could benefit by a
cooperative and none have been formed in the area, it might be worthwhile to consider forming a
cooperative.  To aid in forming cooperatives, the API Committee on Environmental Law developed
an agreement form published  in 1971.  The purpose of the standard  form  is to include the major
provisions necessary to  start  such an  organization and to avoid some of the  problems that have
occurred in the past.

Essentially,  the  form explains the purpose of the cooperative, area of operation, membership,
detailed procedures and bylaws.  A copy of the agreement form is reproduced at the end of this
section as a reference.  A second agreement from the west coast is also included as a guide.
SUMMARY

Cooperatives are entities formed by two or more companies for the purpose of providing a standby
pool of equipment and/or manpower available to combat oil  spills.  Cooperatives are not always
chartered, staffed or operated the same way throughout the country.  Rather, their organization is
adapted to fit the needs of their members. To serve its own  needs best, a company must take an


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active part in the operations of the cooperative.  This  includes keeping equipment current and
changing the cooperative as necessary to ensure that it operates in the interest of the members it
serves.  Periodic drills are necessary to assure that the  cooperative can be activated effectively.

Much can be learned from the major cooperatives such as Clean Bay of San Francisco and Clean
Gulf of New Orleans. It will be worth while to study their operations  and apply what they have
learned  to one's own situation.

The API has developed a suggested agreement form to aid in forming a cooperative. If a cooperative
can be of help,  a meeting of company neighbors should  be arranged for the purpose of forming one.
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               AGREEMENT FOR OIL SPILL COOPERATIVE

This agreement shall constitute the rules and procedures of the	
(hereinafter "Committee1")       (NAME OF OIL CONTROL COORDINATING COMMITTEE)
I.      Purpose of the Committee

       The purpose of the Committee is to develop, maintain and improve a procedure among the
       member companies of the Committee for mutual assistance and cooperation in the control of
       oil spill emergencies occurring within the following described area:
       The procedure will involve the making available by the Committee or one or more member
       companies of materials, equipment or personnel, in accordance with the conditions specified
       below, to the member company affected by such emergency or to designated government
       agencies or third parties.  The procedure shall not result in  any monetary profit to the
       Committee or its member companies.
II.     Membership in the Committee

       The Committee shall consist of those companies operating refineries, terminals, pipelines or
       other facilities for handling, storing, transporting, manufacturing, producing or drilling for
       petroleum or petroleum products or  related hydrocarbons in or about the area described
       above, who shall from time to time agree to participate on the Committee.  A list of the
       initial member companies is attached hereto as Exhibit A.  A member company of the
       Committee may at any time on 30 days' written notice to  the Chairman,  with copies to all
       member companies of the Committee, withdraw from the Committee. Exhibit A shall be
       amended to reflect the admission to or withdrawal from the Committee of any company.  All
       member companies shall sign acceptances of the provisions of these Rules and Procedures.


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III.    Procedures
       A.     Materials and Equipment -  To implement the above stated purpose, it will be the
              responsibility of  the  Chairman  of the Committee, with  the  assistance of the
              Committee members, to collect and maintain the following information:

               1.     Equipment Lists:  There shall be furnished by each member company a list
                     of the equipment (pickup devices, skimmers, vacuum trucks, oil booms, etc.)
                     which it would be willing to make available for use by a member company
                     affected by an  oil emergency or by the Committee, as the case may be. All
                     listed equipment shall be released on authority of the contact personnel of the
                     respective member company unless that company clearly designates on the list
                     that certain of the equipment can be released only on higher authority and
                     provides the name and job title of such higher authority.

               2.     Materials Lists:  There shall be furnished by each member company a list of
                     the materials (approved chemicals, straw, etc.) which it would be willing to
                     make available for use by a  member company affected by an oil emergency,
                     or by the Committee, as the case may be.   All listed  materials  shall be
                     released on  authority of the contact personnel  of the respective  member
                     company unless the company clearly  designates on the list that certain of the
                     material can be released only on higher authority and provides the name and
                     job title of such higher authority.

                     Each member company may, at its sole discretion, permit the use of its listed
                     equipment and materials outside the above described area in accordance with
                     the terms of this agreement, or otherwise remove or permit the removal of
                     any such equipment and materials from said area.

               3.     Personnel:  It is not anticipated that personnel will be supplied, except in the
                     case  of specialized  equipment,  in which case each member company should
                     indicate on its equipment list which items will require  trained personnel.
                     Such personnel would be furnished on a voluntary basis only, as hereinafter
                     provided.

               4.     Authorized Contact Lists: Each member company shall supply the names or
                     titles and plant telephone numbers of responsible personnel in its plant who
                     are authorized  to release material and equipment for said company.  This list
                     should  be in the order to be called.   The first item on the list, if possible,
                     should be the title of personnel who are on  duty at all times. Except for the
                     normal  work week (Monday to Friday,  excluding holidays), this person
                     should be called to request material or equipment.  The second name on the
                     list should be  the company's representative on the Committee who would
                     normally be called during regular office hours.  This should be followed by
                     his alternate on the Committee and  other officials such as Plant Manager,
                     General Superintendent, etc.  The home telephone numbers for the names
                     individuals should also be supplied.
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              5.     Other Sources of Materials and Equipment: The Committee shall prepare and
                    maintain  names,  addresses and  telephone  numbers of  other  sources of
                    materials and  equipment, including  the various suppliers  of approved
                    chemicals.   In addition,  the  Committee  may,  in  accordance with this
                    agreement,  acquire additional equipment or materials, which shall be sorted
                    at member  company facilities or other locations mutually  satisfactory to the
                    member companies and released on the Authority of the Chairman or (in his
                    absence) the Vice  Chairman, or on request of a member company when that
                    company is affected by an  oil spill emergency.  Equipment and materials as
                    acquired  by the Committee shall be owned  as tenants in common by all
                    member companies and shall  be held  by the Committee as agent of said
                    members; provided, however, that any member company withdrawal from the
                    Committee  shall as of the effective date of said withdrawal be deemed to have
                    waived and assigned  to the remaining  member  companies as tenants in
                    common  all its rights, title and interest in said equipment  and materials and
                    shall execute such waiver and assignment,  unless other  arrangements are
                    approved by majority action  of  the remaining member  companies.   The
                    committee shall prepare and maintain a  list describing the nature and location
                    of such equipment and materials.   It shall  be the responsibility of each
                    company to keep current the company's respective lists. The Committee shall
                    arrange for distribution of  the  various lists to all member  companies.

      B.     Emergency  Procedures -  The procedures to  be followed in the event of an oil
             emergency shall  be as respectively indicated below.

              1.     Assistance  to Members:   Any member  company affected by  an oil spill
                    emergency  may, if assistance is desired, call on  the Committee and other
                    member  companies for materials  and  equipment listed as available.  The
                    nearest member companies at which the required items are located should be
                    called first.

                    The member company affected by the  emergency and requesting assistance
                    shall be solely responsible for taking steps necessary to meet it.  Said member
                    company shall  repair  and return, or replace in kind,  any materials or
                    equipment  supplied  at its request by the Committee  or other member
                    companies  and prior  thereto  shall,  as  necessary,  provide  and pay for
                    temporary  replacement.  Said member  company shall also reimburse the
                    Committee and other member companies for any out-of-pocket costs incurred
                    by  them in furnishing such  assistance, including  without  limitation any
                    premium pay for personnel and the costs of consumable materials incurred or
                    expended as a result of furnishing such  assistance.  In no event shall any
                    reimbursement result in monetary profit to the Committee, it being the intent
                    of the Committee not to  operate for profit.  Any personnel voluntarily
                    supplied  by the Committee or other member companies shall be completely
                    under  the  supervision and control of  the  member company  requesting
                    assistance,   and said  company shall  hold  the other  member  companies
                    harmless from any claims  and actions (whether or not based upon negligent
                    acts or omissions) for injuries to or the death of such personnel or any other
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                    persons or damage to property of member companies or third parties arising
                    out of the emergency or the actions taken to meet the emergency, including,
                    but not limited to, any liability arising out of or caused by the use of any
                    materials,  equipment,  or personnel  furnished by  any member  company;
                    provided, however, that if the oil spill emergency was caused or contributed
                    to by a member company other than the member company requesting such
                    assistance, nothing herein shall relieve the responsible member company (or
                    other party)  of any liability otherwise present  (including  liability to the
                    affected  member company) for causing  or  contributing to the oil spill
                    emergency.

                    The member company affected by the emergency  shall be  responsible for
                    reporting the emergency to any governmental authority  concerned.   Said
                    member company shall  also  be responsible for all  information  releases
                    concerning the  emergency provided, however, that any references therein to
                    Committee activities shall be coordinated  through the  Committee's public
                    relations spokesman  hereinafter referred to.

              2.    Assistance to Others: With respect to oil spill emergencies other than those
                    affecting  member companies,  it  is  the  intent  that  assistance  from the
                    Committee and its member companies be made available  to the U.S.  Coast
                    Guard or other government agencies having jurisdiction, upon request, in
                    accordance with the  conditions set forth below.  To this end, it shall be the
                    duty of the Chairman to inform the  above  agencies of the existence of the
                    Committee and to  supply  them with the  names,  telephone numbers and
                    addresses  of the Chairman and one or  more alternates.   Any  member
                    company receiving notice of such an oil emergency shall instruct the source
                    of such  information  to contact  the  appropriate government  agencies
                    immediately. At the same time, such member company shall also inform the
                    Chairman or, in his  absence, the Vice Chairman.  Only if said government
                    agencies fail to contact the Chairman or Vice  Chairman promptly shall they
                    contact said agencies and ask if assistance from the Committee  is desired.

                    In the event of an oil spill emergency affecting persons or companies other
                    than member companies, if so requested by the U.S. Coast Guard  or other
                    appropriate government agency, the use of listed equipment and materials by
                    or under the direction and supervision of  said agency or other agencies or
                    parties not members of the Committee may be authorized by the Chairman
                    or, in his absence, the Vice Chairman or, if they are both unavailable, the
                    contact personnel of the member companies at which the  needed equipment
                    and materials are located, at their sole discretion; on the condition, however,
                    that the person or company affected by the emergency grant to the  member
                    companies providing such assistance the above described repair, replacement,
                    reimbursement and indemnification rights that are granted to said companies
                    by any  member  company  requesting  assistance under this agreement.
                    participation  of personnel on a  voluntary  basis for the operation of listed
                    specialized equipment may similarly be authorized.
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                    In the event of an oil spill emergency the source of which is unknown, at the
                    request and cost and under the direction and supervision of the U.S. Coast
                    Guard or EPA, the Committee shall take action to contain and clean up such
                    spills.

       C.     Sharing of Nonreimbursed Costs and Expenses - Any costs and expenses incurred by
              the Committee and member companies in connection with rendering such assistance
              which are not otherwise  reimbursed, including the repair or replacement  cost of
              expended, damaged, or destroyed materials or equipment and any liabilities to third
              parties arising out of the use  or  misuse of such equipment or materials  or any
              deficiency thereof, shall be shared by all member companies on the basis of the
              Participation Formula hereinafter referred to or equally in the event that no such
              Participation Formula is agreed upon.

       D.     Inability to Furnish Assistance  - Any member company which is unable  to supply
              assistance in any given emergency shall be bound by all the provisions of these Rules
              and Procedures, but shall incur  no additional liability solely by  reason of such
              inability  to participate in such emergency.
IV.    Liability
       Notwithstanding anything herein to the contrary, no member company shall be liable for any
       claims or penalties arising out of or resulting from the gross or wanton negligence or willful
       misconduct of another member company while rendering assistance under this agreement.
V.     Bylaws

       A.     The Committee shall have a Council composed of one representative appointed by
              each member company.  Each member company may also designate an alternate to
              serve in place of that company's representative. A list of the present representatives
              and alternates is attached  hereto as Exhibit B.   Member  companies may change
              representatives or alternates by notice in writing to the other member companies from
              time to time, and Exhibit B shall be amended accordingly.

       B.     The Committee and its Council  shall be headed by a Chairman and Vice Chairman
              who shall be the representatives  of member companies elected by vote of a majority
              of the representatives of all member companies. After the initial election the Council
              shall elect  each year a new Vice  Chairman, with the present Vice Chairman to
              succeed to the Chairman's post.  In the absence of the Chairman, the Vice Chairman
              shall serve  as Chairman.

       C.     The  Chairman  may, if he deems it necessary in the conduct  of Council business,
              designate a Secretary of the Council.  The Secretary shall have no vote except as he
              may serve as a representative or alternate.


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      D.    The Committee Council shall hold at least four meetings per year.  The chairman
             shall schedule and give  at  least  ten days  written notice  of each  such meeting.
             Emergency meetings may, however, be called by the Chairman or, in his absence,
             by the Vice Chairman by telephone or telegraph and a poll of the members may
             likewise be taken when there is an emergency requiring immediate action.

      E.    The  Committee  Council  will obtain  information  regarding  different types  of
             equipment and materials and oil containment and recovery techniques and may, as
             necessary, recommend to the  Committee the purchase of certain equipment or
             materials.

      F.    The Committee Council will develop and recommend to the Committee appropriate
             methods of transporting, handling, storing and  maintaining the available equipment
             and materials.

      G.    The Committee Council will develop and recommend to the Committee appropriate
             equipment and methods for disposing of recovered oil.

      H.    The Committee Council will  determine the availability of third party cleanup services
             adequately manned  and equipped to  provide all  necessary services to  effect
             containment, cleanup and disposal  of oil spills occurring at or from member company
             facilities or vessels located in the area covered by this agreement and to obtain from
             such third parties the proposed terms under which  such  services would be made
             available to member companies on an independent contractor basis.

      I.     The Committee Council will consider and adopt a public relations contingency plan
             which shall set forth the procedures to be followed and shall name a spokesman to
             act for the Committee as necessary and desirable before the press and  other news
             media during an oil spill emergency.

      J.     The  Committee  Council  shall develop  such other information,  procedures or
             recommendations as it considers necessary for the Committee to function effectively.
             Should the Council  consider  it necessary to  obtain funds for the acquisition of
             equipment or materials or other authorized Committee activities, the Chairman may
             call upon member companies  to meet such a need on the basis of a Participation
             Formula mutually satisfactory  to them.

      K.    Decisions on the day-to-day operations of the Committee shall be by majority vote
             at  its meeting  of a  majority  of the representatives of all  member companies.
             Decisions involving policy or concerning the possible purchase by  the Committee of
             materials  or equipment shall be adopted in the same  manner.

      L.    These Rules and Regulations may  be amended from time to time by majority action
             of the member companies.

      M.    No amendment of these Rules and Procedures  or decision to purchase materials or
             equipment shall be binding upon any non-approving member until 35 days after such
             member has received actual  notice of the action taken.
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This agreement may be executed in counterpart and will be binding on any party signing a copy of
same.

ACCEPTANCE
                     NAME OF COMPANY	
                     ADDRESS	
                     APPROVAL SIGNATURE.
                     TITLE	
                     DATE OF APPROVAL	



PORT SAN LUIS AND ESTERO BAY OIL

Spill Cooperative Agreement

Pacific Gas and Electric Company, Standard Oil Company of California, Texaco Inc. and Union Oil
Company of California (hereinafter collectively referred to  as the "Participants"), agree on	
	, (date),  as follows:
       Purpose
              The Participants shall  cooperate with  and assist  each other and appropriate
              governmental agencies and private organizations in the control and removal of oil
              spills affecting public and private property, beaches,  harbors and waters along the
              coast of the State of California between the Point Estero and Point Sal (hereinafter
              referred to as the "Area of Interest").  The Participants may also from time to time
              cooperate with and  assist or obtain the  assistance of agencies and  organizations
              concerned with the control and removal of oil spills outside the Area of Interest.
       Participants

        2.    The Participants are operators of facilities in the Area of Interest for the handling,
              storing or transporting of petroleum products and related hydrocarbons. Others who
              operate similar facilities may from time to time become Participants and parties to
              this Agreement under terms to be established at such times by the Participants.

        3.    A Participant  may withdraw from  this  Agreement at  any time by written notice to
              each of the other Participants.  The withdrawal shall be effective thirty days after
              such notice is sent.  The withdrawal  shall be effective thirty days after such notice
              is sent.  The withdrawing Participant shall remain liable for its share of any liability
              incurred prior to the effective date of withdrawal. The withdrawing Participant shall
              receive the value of its  share in any jointly owned assets of the Participants as  of the


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              effective date of withdrawal.  Such value shall be determined on the basis of original
              cost depreciated at a rate of twenty percent per annum.
       The Committee

       4.     The Participants shall each appoint one representative and an alternate to a committee
              which  shall carry out and  effectuate this agreement.   Participants may  change
              representatives and alternates from time to time upon written notice to the  other
              Participants.

       5.     The Committee members shall elect a Chairman and Vice Chairman who shall each
              serve for one year. The Vice Chairman shall each year be elected to the Chairman's
              position. The Chairman, and in his absence the Vice Chairman,  shall preside at all
              meetings of the  committee  and shall perform such  other duties specified in this
              agreement or delegated by the committee.

       6.     The committee shall meet at least once each calendar quarter.  The Chairman shall
              schedule and give at  least ten  days notice of each such quarterly meeting.   The
              Chairman  shall call such other meetings as may from time to time be requested by
              a member of the Committee.

       7.     All decisions by the committee except those requiring the expenditure of money shall
              be made by a simple majority of the votes cast with each Participant having one vote.
              Decisions  requiring the expenditure  of money  shall be made by a vote of a majority
              of at least seventy-five percent of the votes eligible to be cast; each Participant having
              a vote weighted in accordance with the participation formula set forth in  Exhibit A.
              A quorum shall consist of three Participants.
       Assistance and Cooperations

        8.     Each Participant shall provide the other Participants with a list of personnel and oil
              spill control and  cleanup  equipment and materials  (including, but not  limited to,
              pickup devices,  skimmers, vacuum trucks, oil booms,  absorbents and  chemicals)
              which it may be willing to make available in the event of an oil spill.  The list shall
              also specify those items which require trained personnel and those items for which
              a fee must be paid.  Each Participant  shall also provide the other Participants with
              a list of persons, together with  addresses and office and home telephone numbers,
              who are authorized to make available  personnel and items from the lists.  All lists
              shall be  kept current by each  Participant who  shall  inform each of the  other
              Participants of changes.

        9.     The committee shall prepare, keep current and distribute to the Participants a list of
              suppliers of personnel, materials and equipment which can  be used for oil  spill
              control and removal.  The committee may also acquire and maintain equipment and


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              materials.   Such  equipment and  materials shall be owned by the Participants as
              tenants in  common  without the right to partition and  in accordance  with the
              participation formula set forth in Exhibit A.  The cost of acquiring and maintaining
              such material and equipment shall be borne by the Participants in accordance with the
              participation formula set forth in Exhibit A.

       10.     Any Participant involved with or affected by an oil spill in the Area of Interest may
              request any and all of the other  Participants to make available for the use of the
              affected Participants  the personnel, materials  and  equipment  set forth on the lists
              distributed by the Participants.  The affected Participant shall also have available for
              its use any jointly owned  equipment and materials.  The personnel, materials and
              equipment  set forth on the  lists distributed  by the Participants  may also be  made
              available to non-Participants if consented to by  the  Participant  employing  such
              personnel or owning  the material  and equipment.  The Chairman, or in his absence
              the Vice Chairman, may  make  available to non-Participants any jointly owned
              materials and equipment.   If more than one Participant is affected by an oil  spill,
              personnel,  materials and equipment shall be  shared equally.

       11.     All material  and equipment made  available pursuant to this agreement  shall be
              returned promptly after use in the condition  made  available  or replaced  in  kind.
              Certain material and equipment may be made available on the basis that the user pay
              a fee  to the participant or to the committee allowing the use of  the material and
              equipment.  Such fee shall be reasonable and shall take into account the cost of the
              equipment  and  material, the cost of maintenance,  amortization and cost of money.
              Any such fee shall be paid  upon return of the material and equipment. The personnel
              made  available  hereunder  shall be under the direction and control of the Participant
              affected by the oil  spill  and during  such time  shall be  considered the special
              employees of such Participant.  The Participant making available personnel hereunder
              shall be reimbursed  for all costs of such personnel including, but not limited to,
              salary, benefits and related overhead.

       12.     Each  Participant  shall hold harmless   and  indemnify each other  Participant, the
              committee, and the agents, servants and employees of the foregoing, against and for
              all loss and liability and costs incurred, including, but not limited to, attorneys' fees,
              expenses, claims, fines, damages, or injuries resulting directly  or indirectly from the
              furnishing  of personnel,  materials  and equipment hereunder to the indemnifying
              party.  A like indemnity shall be obtained from a non-Participant before such party
              can use any personnel, material and  equipment.   The foregoing indemnity by  a
              Participant or non-Participant shall be applicable whether or not the loss and liability
              indemnified  against  were caused or  contributed  to in whole  or  in part by the
              negligence of any other Participant, non-Participant, the committee, or the agents,
              servants and employees of the foregoing. The party furnishing  this indemnity further
              agrees that the parties to whom this indemnification provision extends shall have the
              right, but not the obligation, to tender  the defense to the indemnifying party of any
              and all claims  arising  out of or  in any way connected with matters which are the
              subject of this indemnity, but that failure to tender any such law suit for defense shall
              not release or relieve the party furnishing this indemnity of his obligations hereunder.
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       Termination of Agreement

       13.     This Agreement shall continue in effect until terminated by the affirmative vote of at
              least seventy-five percent of the Participants. Upon termination of the agreement, all
              obligations shall be paid  or  otherwise provided for and remaining assets shall be
              divided among the Participants in accordance with the participation formula set forth
              in Exhibit A.
                         Pacific Gas and Electric Company
                         by	
                         Standard Oil Company of California
                         by	
                         Texaco Inc.
                         by	
                         Union Oil Company of California
                         by	
                                       Exhibit "A"

       Participation Formula

       Each member shall total the gross barrels (at 60°F) of the following commodities handled by
       it during the preceding calendar year.

              a.     crude oil  or petroleum products transferred  from  ship to  shore
                     facilities and

              b.     crude oil or petroleum products transferred from  shore facilities to
                     ships.

       The total barrels handled by each member  as described above  will be converted to the
       percentage  of the total  barrels handled for all  members.   This percentage will be the
       member's participation for the current calendar year.
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Com oan v
Texaco
P.G. & E.
Union
Standard
Grand
Total
Bbl. to Vessels
2,480,000
23,719,000

Bbls. to Shore
229,000
854,000
3,590,000
229,000

Total Bbls.
229,000
854,000
6,070,000
23,921,000
31,074,000
Participation
Formula (% of
Grand Total)
2.74%
2.75%
19.53%
76.98%
100%



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                                SECTION 4
                                  PARTI
           PROPERTIES OF OIL THAT AFFECT RECOVERY
Knowledge of how oil reacts after it is spilled is essential for effective oil recovery.  Crude oil and
refined petroleum products are not made of one type of molecule but are mixtures of different
molecules. The types of molecules are similar in structure except for the number and position of
carbon and hydrogen atoms in each molecule. During the refining step the molecules are sorted,
altered, and reorganized to produce specific blends of molecular types that have been found to work
best for the customer (FIGURES 1 AND 2).
                           "AVERAGE" CRUDE OIL
                               MOLECULAR TYPE
     PARAFFIN HYDROCARBONS
        (ALKANES)
30%
      NAPHTHENE HYDROCARBONS
        (CYCLOALKANES)
 50%
    AROMATIC HYDROCARBONS  15%
             NITROGEN, SULFUR,  5%
             & OXYGEN CONTAINING
             COMPOUNDS

                                 FIGURE 1
                  "AVERAGE" CRUDE OIL MOLECULAR TYPE
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 GASOLINE
 (C5 - C10)
 KEROSENE
 (C10 - C12)
30%
10%
  LIGHT DISTILLATE OIL   15%
  (C12
  HEAVY DISTILLATE OIL  25%
  (C2o - C^)
  RESIDUUM OIL
  (>
20%
                                       FIGURE 2
                     "AVERAGE" CRUDE OIL MOLECULAR TYPE
Each blend will act slightly different because the properties of the molecules change as the chemical
structures change.  As an example, one factor that controls the oil spreading rate is the viscosity of
the oil.  The less viscous No. 2 oil, with shorter length molecules, will spread faster than the more
viscous No. 6 oil which has much longer molecules.

OIL SPREADING

Of the different ways oil may interact with the environment, the rate of spreading is perhaps the most
important.  As discussed above, spreading rate is a function of the viscosity of the oil.  Viscosity is
determined by the type of oil molecule and the temperature.  In the winter, when the temperature
is very low, oil spilled on the ground will not penetrate the soil as quickly or spread over the surface
as rapidly as it would in the summer.  If the ground is frozen, the oil will not penetrate at all.  A
second factor affecting spreading rate is the surface tension of the oil. Like viscosity, surface tension
is  also temperature dependent and tends to restrict spreading  at low temperatures.  Although the
factors that affect  spreading  are  known  and spreading rates can be  predicted under carefully
controlled laboratory conditions, spreading rates for actual spills are very difficult  to calculate with
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any degree of accuracy. Outdoor test results using two types of oil and two spill sizes are shown
in FIGURE 3.  The data from the figure is not valid for accurately predicting slick areas with time
for a particular future spill because spreading rate is a function of temperature and other variables.
The graph is useful as a guide to show the relative effects of time,  type of oil,  and quantity of oil
on a slick area.   A rule of thumb is that the diameter of an oil slick will double between four and
12 hours after a spill for spills of up to 5000 barrels.  It is essential to remember that spreading is
a serious problem to the cleanup crew that can best be overcome by acting quickly to contain the
spill and remove the oil.
                          1600

                          1400

                          1200

                          1000


                          800


                          600


                          400


                          200


                           0
                                 1   2             5
                                    TIME IN HOURS AFTER SPILL
                                       FIGURES
                           RELATIONSHIP OF SPILL AREA,
                  VOLUME OF SPILL AND TYPE OF OIL WITH TIME
Viscosity affects cleanup efforts with regard to pumping recovered oil.  The more viscous the oil,
due to oil type and temperature, the more difficult it will be to pump.  It is therefore important to
match pumps and hoses to the pumping conditions.  It is also important to know the oil's pour point,
which indicates  the temperature at which the oil  can no longer be pumped.  The  pour point
temperature will be a function of the makeup of the oil.  A waxy crude  oil will have a high pour
point. Number 2 oil has a pour point of about 20°F.  Number 6 oil has  a  pour point greater than
100°F and therefore must be heated prior to pumping.

OIL EVAPORATION

Volatility is an important characteristic because it governs the rate of evaporation of spilled oil and
will determine combustion properties. The flash point  and the lower flammable limit are two terms
describing  volatility.   The flash point is  the minimum temperature at which sufficient liquid is
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vaporized to create a mixture of fuel and air capable of being ignited.  For example, the flash point
of gasoline is -45°F (-43°C) and that of No. 2 diesel is 125°F (52.7°C). Therefore gasoline is more
likely with  and ignition source, to ignite in most spill situations.  On the other hand, diesel's flash
point is above normal temperatures at most spill events.  This does not mean that diesel will not
ignite.  An ignition source can provide the temperature  necessary for ignition and the initial
combustion can provide the temperature needed for continued combustion.

Combustion is possible when the ratio of fuel to air lies between certain limits. A mixture with not
enough fuel (too lean)  or not enough air (too rich) will not support combustion.  Since it is unlikely
that a too rich situation will occur during  a spill, the too  lean mixture is of primary interest.  The
minimum volume  of  fuel  (vapor) that will support combustion is  called the lower flammable
(explosion) limit.  For gasoline, this volume can be  as low as 1.4 to 1.7% of the air volume.  A
preferred way to check for combustibility is with a combustible gas detector. Remember that the
combustible gas  detector test is only good where taken, and this information cannot be generalized
for the entire spill  area. Furthermore, hydrocarbon products form a layer along the ground which
will, in time, mix with the air.  The vapors are apt to settle in low places.

Most oils will emit combustible vapors,  especially light oils such as gasoline and aviation fuels
(FIGURE 4). Combustion is likely where oil is concentrated at spill sources, behind booms, or on
the shoreline.  Since three things are required for combustion to take place (fuel, oxygen  [air],  and
an ignition source), the removal of any one requirement will prevent  combustion.  Therefore, fuel
on land can be covered with a foam blanket or dirt to remove the air.  Ignition sources can be
removed. Some common sources are: flames (matches, cigarettes), electric sparks (pumps, motors),
static sparks, and hot surfaces (mufflers, catalytic converters, pumps).
                                                    MOTOR GASOLINE
                                                       KEROSENE
                                            THEORETICAL
                                         EVAPORATION RATES
                                             OF SEVERAL
                                        SELECTED DISTILLATES.
                                                      NO. 2 FUEL OIL
                                                       NO. 4 FUEL OIL
                                                             NO. 6
                                         TIME (HOURS)
                                        FIGURE 4
    RELATIVE EVAPORATION RATES OF HYDROCARBON FUELS SPILLED OIL
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A complex mixture such as crude oil will initially lose light fractions by evaporation followed by
successively higher boiling fractions (FIGURE 5).  The evaporation rate will be increased by high
winds (FIGURE 6). Rough weather conditions also increase evaporation by exposing more surfaces
of the oil at wave crests and as sprays. Because evaporation is enhanced by increased surface area,
more evaporation will occur as the oil spreads.
                    so
                    40
                    30
                    20
                     10
                                     OIL TEMPERATURE
  API GRAVITY 60°F - 34.1°
INITIAL SLICK THICKNESS - 0.1"
  WIND VELOCITY - 10 MPH
                                120°F

                                100-F


                                 70° F

                                 50° F
                              10
                                        20        30
                                         TIME - his
                                                         40
                                                                50
                                       FIGURES
                 OIL EVAPORATION VERSUS TIME AFTER A SPILL
                     50
                     40
                     30
                     20
                     10
                                                  WIND VELOCITY -
    OIL • LJOHT ARABIAN CRUDE
    API GRAVITY « «OT - 34.1-
   INITIAL SLICK THICKNESS - 0.1"
          T - 70'F
                                                                  lOmpk
                               10
                                        20        30
                                         TIME-hrs
                                                         40
                                                                50
                                       FIGURE 6
              EFFECT OF WIND VELOCITY ON SLICK EVAPORATION
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Heavier components of crude oil will evaporate slowly and form a residue on the water surface.  The
residue will have a higher specific gravity, a higher viscosity, and contain greater concentrations of
sulphur, metals, and wax than the original crude.  Evaporation will result in losing a significant
portion of the spilled oil.  Experience indicates that as much as 20 percent of the total weight of oil
can be lost within a few hours exposure. A much smaller percentage will be lost afterward. This
characteristic will assist the cleanup crew because the amount to be removed is decreased.  It also
makes the remaining oil safer to handle.

BIOLOGICAL DEGRADATION

When oil is  spilled in the environment, microorganisms that  inhabit the spill area will begin to
degrade the oil by using it for food. The rate of degradation will depend on temperature, type of
oil, availability of nutrients, and presence of oxygen.  It has been suggested that bacteria be added
to oil slicks to permit the organisms to degrade the oil at a faster rate. However, the process is more
complicated than merely adding organisms because of the requirement of oxygen and nutrients
needed for rapid degradation.  The relative effect of biological degradation is significant depending
on the location of the spill. For example, there would be very little degradation in arctic waters, but
considerable  oil degradation would  occur  in tropical waters.  Compared to evaporation, however,
biological degradation is usually a small factor over a short period  of time.

OTHER FACTORS

Most oils can be easily seen on top  of the water with the exception of light oils such as No. 2 fuel
oil.  Although No. 2 fuel oil floats,  it is almost transparent and very difficult to see when a worker
is viewing the spill a few feet above water.  This is why it is helpful to use helicopters to find spills.
Spilled oil is  usually much lighter than water and will almost without exception float, although some
heavy oils have been reported to sink.   Kuwait crude residue has a specific gravity of 1.023,  and
Franion Heavy has a specific gravity of 1.027.  However, it is not likely that these residues will sink
if spilled in sea water, which has an average specific gravity of 1.025. It is believed that a light
emulsion forms under the spill and acts to float the oil.

A small amount of the oil will dissolve and emulsify in the water, depending on the amount of light
fractions and degree of mixing caused  by currents, waves, and vessel traffic.  Light fractions will
dissolve in water up to  a  maximum  of about 1000  parts per million.   TABLE 1 lists some
hydrocarbon solubilities  in distilled  water.

Generally, oil density will tend to affect the ease of dispersion of the oil through the water column
(TABLE 1).  Light fractions will dissolve  in water up to a minimum of about 10,000 parts per
million.  The problems with oil dissolving in the water  are toxicity  to aquatic life, odor in drinking
water, flavor change in drinking water, reduced cooling efficiency in cooling waters (power plants),
explosion hazard in industrial water supplies, and contamination of food or chemical products from
receiving waters.  If an emulsion occurs, a thin combination of oil, water, and air (sometimes sand)
can develop.  Under certain conditions a highly viscous emulsion called  "chocolate mousse"  can
develop which is difficult to recover and persistent in the environment.  After the Amoco Cadiz and
Metula oil spills, chocolate mousse  persisted on the shoreline for years2'3'4.  The  longer oil persists
in the water, the more water will combine with the oil to  form an  emulsion (FIGURE 7), and the
thicker or more viscous  the emulsion will  become  (FIGURE 8).  This  will affect pumpability.
Heavy oils and crude oils are most subject to mousse formation. Although emulsion formation does
not  significantly slow down the evaporation process, biodegradation is reduced due to the lack of
available oxygen inside the mousse.

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TABLE 1
DENSITY AND SOLUBILITY OF OIL COMPOUNDS5
Compound
PARAFFINS
Pentane
Hexane
Heptane
Octane
Nonane
Decane
NAPTHENES
Cyclopentane
Methyl Cyclopentane
Cyclohexane
Ethylcyclohexane
AROMATICS
Benzene
Toluene
Ethylbenzene
Xylene
Naphthalene
Density

.62
.66
.68
.70
.72
.73

.75
.75
.78
.79

.88
.87
.87
.88
1.15
Solubility in water

360 ppm
138 ppm
52 ppm
65 ppm
c. 10 ppm
c. 3 ppm

"slight"




820 ppm
470 ppm
140 ppm
c. 80 ppm
c. 20 ppm
                  40
                   10
                  0.5
                  01
                  0.5
                  01
  NOTE: ALASKAN CRUDE
FURNISHED BY UNION OIL CO.
                                   10      15

                                 DAYS WEATHERED
                   20
                         25
                                FIGURE?
             WATER INCORPORATION INTO CRUDE WITH TIME6
6/92

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                         160


                         140
                      G
                      2  120
                          100


                          80


                          60


                          40


                          20


                          0
1     I       I     I       T
      NOTE: ALASKAN CRUDE
      FURNISHED BY UNION OIL
            COMPANY
             I	I
                                       10     15     20

                                        DAYS WEATHERED
                                                          25
                                                                30
                                         FIGURES
                          VISCOSITY OF CRUDE WITH TIME.
The viscosity of oil also affects the way in which the oil will  interact with a beach when driven
ashore.  Light oil of low viscosity will tend to run off rocky surfaces and to seep into beach sands.
A highly viscous oil will more likely remain attached on a surface such as a seawall or boat and will
usually stay on top of beach sand (TABLE 2).

When samples of spilled oil are taken for analysis to determine legal questions, it is recommended
that the samples be taken soon after the spill and prior to significant weathering of the oil.  As the
oil weathers and loses  volatile components, the resulting substance  is slightly different than it was
originally, causing problems  in  identification.   The Coast Guard has sponsored a considerable
research program to more accurately trace weathered oil. Like other detection techniques, the new
methods also work better with "fresher" samples, but they  are much more likely  to determine if a
particular weathered sample originated from  a particular  facility.   Sampling procedures will be
covered later.

SUMMARY

The two  properties that immediately and most importantly  affect spills are oil spreading and
evaporation of volatile fractions.   Spreading will hamper  recovery by distributing the oil over a
greater area. Evaporation of volatile fractions aids recovery by decreasing the amount of oil to be
recovered. Evaporation causes the  viscosity and gravity of the remaining oil to increase.  Although
biological degradation  of spilled oil will take place, it is usually an important factor only with long-
term spills. Oil dissolution occurs to a relatively small extent, and the emulsification of oil depends
on the properties of the oil and mixing energy.  As oil weathers it becomes difficult to compare with
unweathered oils.   Therefore, the sampling program should begin soon after the  cleanup program
is implemented.
 6/92
            8

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  LITERATURE CITED

         1.     Dept. of Navy.  1977.  Oil Spill Control for Inland Waters and Harbors, NAVFAC
                P-908.  Dept. of Navy, Alexandria, VA.

         2.     Long, B.F.N., J.H. Vandermealen, and  T.P.  Ahern.   1981.  The evolution of
                stranded oil within sandy beaches.  In: Proc. 1981 Oil Spill Conference,  pp 519-
                524. American Petroleum Institute, Washington, DC.

         3.     Straughan, D.  1981.   Intertidal ecological changes  after the Metula  oil spill.
                Technical Report of the  Allan Hancock Foundation No. 4, 138 pp. University of
                Southern California, Los Angeles, CA.

         4.     Gandlach, E.R., D.D. Dameracki, and L.C. Thepeau.  1982. Persistence of Metula
                oil in the Strait of Magellan six and one-half years after  the incident.   Oil  and
                Petrochemical Pollution A(l):37-48.

         5.     Nelson-Smith, A. 1973.  Oil Pollution and Marine Ecology.  260pp. Plenum Press,
                New York, NY.

         6.     URS Research Co.   1970.  Evaluation of selected earth-moving equipment for the
                restoration of oil-contaminated beaches.  Final Report FWQA Contract No.  14-12-
                811. U.S. Government Printing Office, Washington, DC.
6/92                                          10

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                                   SECTION 4
                                     PART II
          CHARACTERISTICS OF OIL MOVEMENT ON WATER
OIL CHARACTERISTICS AND BEHAVIOR

The chemical and physical properties of the oil spilled and ambient conditions will determine how
the spilled oil will behave.  The basic processes and their time frames are shown in FIGURE 9.

General statements on how light, medium and heavy oils will behave on water and their toxicological
properties are shown in TABLE 3.

PREDICTION OF SPILL MOVEMENT

Predict oil slick movement by vector  addition of the two main motive forces that apply; surface
currents and winds.  Surface currents will dominate spill movement unless the winds are extremely
strong. Wind will cause an oil slick to move at about three percent (3%) wind speed, and in the
same general direction. FIGURES 10 - 12 give an example of the vector addition method of oil
slick movement prediction. Aerial reconnaissance should be used to monitor spill location and verify
predictions.
                           TIME (HOURS)
                                          10
                                             DAY
                                                    ioo WEEK
                                                                       YEAR 10"
           SPREADING

               DRIFT

         EVAPORATION

          DISSOLUTION

           DISPERSION

       EMULS1F1CATION

       SEDIMENTATION

      BIODEGRADATION

      PHOTO OXIDATION
                             . C.-C,	 Q—C,-
                                     FIGURE 9
                 PROCESSES VS. TIME ELAPSED SINCE THE SPILL
                      (Exxon Oil Spill Response Manual pp. 12-13)
6/92
                                       11

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                                                     Current 0.5 knots/hour
                                                     1 inch  = 0.5 knots
                                                     Wind 20 knots/hour from
                                                     NW
                                                       20 knots x  3.4% - 0.7

                                                       knots/hour
                                     FIGURE 10
                           CURRENT AND WIND VECTOR
VECTOR ADDITION FOR PREDICTION OF OIL SPILL MOVEMENT

Consistency of oil and ambient and forecasted weather conditions are important in determining the
rate and direction of the movement of the spilled oil. As OSC this will help predict where the oil
is going and where it may end up. Also knowing these conditions will be essential in preparing for
the cleanup to follow.

1. Draw surface water current and wind vectors in their respective directions  (FIGURE 10).  The
  length of the vectors represent the velocity.  Example:  0.5 knots =  1 inch.

2. Draw a line parallel to the wind vector starting from the tip of the current vector and measuring
  the exact length of the wind vector (FIGURE 11, Line P).

3. Draw a line from the present slick  position to the tip of Line P.   This final line, called the
  resultant vector, gives the speed and direction of the oil slick movement. The speed is determined
  by the length of the  resultant vector  relative to the scale set in Step  1 and used in drawing the
  components vectors.  The  direction  of predicted oil slick movement can  be  determined from
  compass heading (FIGURE 12).
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                           FIGURE 11
                 PARALLEL LINE TO WIND VECTOR
                           FIGURE 12
              RESULTANT VECTOR OF SLICK MOVEMENT
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Example 1.   Current only; no wind
             0.5 knot current = 0.5 knot movement of oil
        Current
       0.5 knots
                                                                           0.5 knots
Example 2.   Wind only; no currents
             12 knot wind x 3.4% =0.4 knot wind effect on the movement of the oil
       Wind    |y

      12 knots  r
                                                  0.4 knots
Example 3.   Wind and water currents
      Current
     •^•••^•B
     0.5 knots
  Wind  K

12 knots *
0.9 knots
       Current
      0.5 knots
    
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                                     SECTION 4
                                       PART III
                       MOVEMENT OF OIL ON WATER
Immediate action is required when oil spills occur on water to prevent the oil from becoming so
widely spread that containment and cleanup become enormously expensive.  If effective containment
and cleanup procedures are initiated within an hour of a spill occurrence, estimated removal costs
are $250 per barrel.  However, if two hours or more elapse before removing the oil, the cost can
be four or more times that amount.  To keep response time to a minimum, it is necessary to know
how oil will move on water so that time will not be wasted hunting for the oil  in the wrong area.

EFFECT OF WIND AND CURRENT

Oil slicks move as a result of wind and water currents. It is commonly assumed that oil slicks move
with the wind at approximately 3.4 percent of the wind velocity. The distances a slick can move at
different wind velocities and times are shown in TABLE 4.  For example, within one hour a slick
will move a total distance of approximately 0.7 of a mile with a 20 mph wind.
TABLE 4
DISTANCE MOVED IN MILES FOR A GIVEN
WIND VELOCITY & TIME

Time after Spill

30 minutes
1 hour
2 hours
4 hours
8 hours
Wind Velocity, MPH

10
0.17
0.34
0.68
1.40
2.70

20
0.34
0.68
1.40
2.70
5.40

30
0.51
1.00
2.10
4.10
8.30
There is less agreement, however, concerning the effect of water currents on the movement of oil
slicks.  If there is no wind, the oil will tend to move at about the same velocity as the water at the
surface.  When the wind is blowing, the oil will be affected by both water and wind currents, and
the movement of the oil will be a function of both forces.  If the wind direction is opposite to the
normal current, the  wind can reduce or reverse the water velocity at the surface. Because of this
phenomenon, it is difficult to  calculate water surface velocity.  Water velocities published by the
U.S. Coast Guard  and U.S.  Geological Survey  are useful  for some purposes but are  average
velocities rather than surface velocities. Therefore, a different method must be used to calculate oil
slick movements on water.
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DETERMINING SLICK VELOCITIES

Since response time is so important, it is necessary that the effect of wind and currents on oil slicks
be known at the time a spill occurs. To determine slick movements, drift measurements can be made
using shallow styrofoam chips or drift blocks.  Chips or drift blocks  should lie flat on the water
surface with little freeboard or draft.   Measurements are especially valuable  where the wind is
affected by obstacles  such as building, trees, ships and other structures.

When the wind velocity is  low, the slick tends to move with the water current.  These currents
should be known in advance of a spill for various weather and tide conditions and again can best be
measured by chips or drift blocks.  Water velocities area also required whether or not the wind is
blowing to predict boom efficiencies and anchoring requirements. FIGURE 13 indicates how a drift
float might be constructed to measure water currents.  An empty beverage container can make a fair
drift float.

Other devices used to determine current speed are flowmeters, dye markers and tracking  buoys.
                                       FIGURE 13
                   DRIFT FLOAT TO MEASURE WATER CURRENTS
If these observations are not made prior to the spill, the spill itself must be observed for speed and
direction of drift, but the oil slick  makes a very  expensive  drift  test.   More information on
determining slick movements will be discussed later.

SPILLS IN A CREEK

In this discussion, the difference between a creek and a river will depend on water depth.  A boat
can travel the full length of a river, while a creek can be waded.  Many creeks have little or no flow
during normal periods, but  can  have fast and deep flow during floods.  Normally,  the surface


6/92                                        18

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velocity in a creek is low and can be greatly affected by the wind. Creek bottoms may be very soft
and the bottom may be cluttered with broken glass and metal debris.  Banks may be covered with
dense vegetation.  Crossing creeks can usually be accomplished by  short span bridges or culverts.
Bridges and culverts are often the best locations to try to stop the flow of an oil slick because of their
accessibility by surface transportation and the built-in ability to act as oil-water separators (FIGURE
14).
                                                  -  OIL

                                                 > - CURRENT DIRECTION
                                                           Road

                                           '- Culvert
                                       FIGURE 14
                  CONTAINMENT OF SPILLED OIL BY A CULVERT
SPILLS IN A RIVER

Spills in a river are often difficult to contain because the water is deep and currents may be very
swift, requiring most work to be conducted from boats. River banks may be steep and covered with
brush.  High velocities and turbulence may cause some of the oil to sink temporarily below the
surface.  Oil slicks moving downstream (or downwind) will  eventually move to one side of the
channel where oil can  usually be contained and removed from the back (FIGURE 15).
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                                       FIGURE 15
         MOVEMENT OF AN OIL SLICK AS IT IS CARRIED DOWNSTREAM
Flowing streams meander and flow alternately from pools through riffles.   Pools and riffles are
usually formed by alternately wide and narrow channel sections (FIGURE 16) or by changes in the
slope of the channel bottom which produce deep reaches (pools) and shallow reaches (riffles).

River crossings are usually major structures that carry substantial traffic and usually cannot be used
as work platforms  during cleanup  operations.   Rivers are  also used as water supplies for
municipalities, industry and agriculture, so it is necessary to make plans to prevent spilled oil from
gaining access to any intake structure along the river. Some rivers also have marinas, parks, beaches
and fish camps  that  require special consideration.

Velocities in a river  are never uniform (FIGURE 16); as a result, oil will usually drift to the outside
bank in a turn (FIGURE 17).  Maximum surface velocities will normally be near the center of river
channels for straight sections of the river and move to the outside of a curve at a bend in the river.
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                                     FIGURE 16
                      NON-UNIFORM VELOCITIES IN A RIVER
                                     FIGURE 17
                   DRIFT OF OIL TO OUTSIDE BANK IN A TURN
Surface currents in rivers may be caused by gravity and the slope of the channel bottom or may be
caused by wind.  Some rivers may have such a low surface velocity  that a strong wind will cause
the water at the surface to flow upstream.  The cause of the predominant surface water velocity may
vary from season to season. Drift tests should be made during various "typical" conditions prior to
a spill. Drift tests should be made to estimate the velocity of the current and to determine locations
along the bank where the oil slick is likely to reach shore.  Islands in  rivers are often strategic sites
to contain and remove oil if equipment and personnel can reach these locations  in time.
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A special problem in rivers is floating debris. Floating debris can destroy booms and can present
a hazard to crews working in boats.  Boat traffic may also hamper cleanup operations.

SPILLS IN LAKES, ESTUARIES AND BAYS

An estuary is a semi-enclosed part of the coastal ocean where fresh water from the land mixes with
seawater.  Many estuaries are the drowned lower reaches of rivers meeting the sea. A bay is an inlet
into the sea and is considered a part of an ocean that extends into the land.  A lake is a large body
of water resupplied by surface runoff and/or groundwater.

Lakes, estuaries and bays have hydraulic characteristics of both rivers and oceans. They are often
highly developed with industry, recreational beaches, marinas and other highly visible areas that need
to be protected from  oil spills.

Lakes are often used as water supplies and may have water intakes that must be protected.  There
may also be sensitive areas in a lake where biological life  is concentrated and should be protected.
Normally the water surface velocities that will cause the spilled oil to move are wind  driven.

Waves are formed in any  large body of water and have a  significant effect on the movement,
containment and removal of oil. FIGURE 18 demonstrates the various parts of an idealized wave.
The crest is the highest part of the  wave; the trough is the lowest part.  The wave  height is the
vertical distance from the bottom of the wave through to the top of the wave crest.  The wave length
is the horizontal distance between successive wave crests or troughs. The wave period is the time
for successive wave crests to pass a fixed point.  The wave steepness is the ratio of wave height to
wave  length.

Waves are caused by the forces exerted by wind, tide, earthquake and gravity. Waves in the ocean
are normally classified as chop and swell.  Chop refers to waves under the influence of the wind that
formed them, characterized by short wave lengths and short crests with little rhythmic pattern. Swell
pertains to long, smooth  crested waves outside the generating  area  which show  a relatively
predictable rhythm.
                           LESX-.
                                       WAVE LENGTH. L
                                       FIGURE 18
                            PARTS OF AN IDEALIZED WAVE
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If the water is deeper than one-half of the wave length, the wave moves through the water with little
disturbance from the bottom.  In deep water equal to or greater than one-half the wave length, the
water moves back and forth as the wave passes (FIGURE 19). The waves pass through the water
with relatively high velocities, but the water remains relatively stationary.  Waves will break when
the H/L ratio reaches approximately 1/7.

As waves encounter shallow water, such as a beach, the wave height increases and the wave length
decreases. When the wave height becomes approximately 0.8 of the water depth, it forms a breaker.
In a breaker, the water moves with the wave  exerting tremendous force on everything  in its path.
Breakers approximately 60 feet high have been reported at the entrance to San Francisco Bay. The
height of breakers in a given area is determined by the height and direction of waves offshore. The
height of chop is determined by the speed and  duration of the wind as well as the area of influence.
As waves move ashore, they are generally refracted and turn parallel to the shore.
                                 DEEP WATER
                                                                         V
                                SHALLOW WATER
                                       FIGURE 19
           SUBSURFACE WATER MOVEMENT CAUSED BY WAVE ACTION
Tides are caused by the periodic rise and fall of the ocean surface.  Tidal currents accompanying the
rise and fall produce fast surface currents in coastal oceans and estuaries.  Most coastal areas have
two high tides and two low tides per tidal day  of about 24 hours and 50 minutes.  The Gulf of
Mexico normally has only one high and one low tide during the day.  Some areas of the coast will
not have an easily  predictable tide.

In San Francisco Bay and Chesapeake Bay, the  surface water  velocities are normally the result of
tidal currents. These currents may be affected by wind and flow from rivers, but the direction of
the surface water current is largely determined by tidal current.  In other areas, such as in Laguna
Madre on the southern coast of Texas, the surface water current is determined largely by the wind
direction,  and tidal currents have little effect.  It is necessary to determine the factors that influence
water surface velocities in a particular area so that they can be predicted under various conditions.
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Estuaries and bays may have beaches and salt marshes.  A salt marsh is a tidal flat covered with
vegetation.  The vegetation is usually submerged only during the highest tides.  Oil can move into
a salt marsh  during flood tide and not be washed  away with the ebb tide.   Salt marshes are
biologically sensitive areas that need special consideration in spill preplanning.

Water flow in an estuary is usually very complex.  An estuary will have fresh water flowing from
the river out to sea, while salt water from the sea will flow in and out of the estuary.  This can result
in a wedge of salt water flowing in and out of the estuary with a surface cover of freshwater flowing
over the top.  It is not unusual in some estuaries for the wind to move the surface fresh water in one
direction while the salt water wedge is moving in another direction (FIGURE 20).
                                                   SURFACE

                                                   BOTTOM
                                      FIGURE 20
      THE MOVEMENT OF SALT WATER AND FRESH WATER IN AN ESTUARY
 Examples of the effects of tide, wind and  freshwater flow on  the movement  of oil will  be
 demonstrated. FIGURE 21 shows the direction of movement of oil with no wind during ebb tide
 in an estuary.  In this case, the movement of the freshwater flow from the river and the movement
 of the tide out to sea combine to cause a high surface velocity out to sea. FIGURE 22 indicates the
 same freshwater flow and tide conditions with a wind from the north. A wind from the south during
 a period of low river flow and high tide is shown in FIGURE 23. These conditions result in the oil
 slick moving across the estuary to the opposite shore.  An east wind or an incoming tide might move
 the slick to the west behind the island.
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                                              A SOURCE
                                                 OIL
                           FIGURE 21
          MOVEMENT OF OIL GIVEN AN EBB TIDE AND NO WIND
                           FIGURE 22
       MOVEMENT OF OIL GIVEN AN EBB TIDE AND A NORTH WIND
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                                       FIGURE 23
 MOVEMENT OF OIL GIVEN LOW RIVER FLOW, HIGH TIDE AND A SOUTH WIND
SPILLS IN THE OCEAN

The surface current in the deep sea is determined by winds and unequal heating and cooling of the
earth's surface.  Deep  sea surface currents may be seasonal but are usually predictable.  As one
moves from the deep sea to the vicinity of a coastline, the surface water currents may become more
dependent upon tides, local winds and river flows where currents are usually less predictable. Deep
sea currents tend to meander just as flow in a river does, although on a much larger scale.  Offshore
spills  will tend to follow the deep sea surface currents, and  their direction of travel should  be
predictable except during extremely high wind conditions.  It is usually more difficult to predict the
direction of movement  of spills in coastal  zones.

In addition to changing the direction of an oil slick, high wind velocities can result in the formation
of regularly spaced,  staggered parallel rows of oil slicks  called windrows or  Langmuir cells.  The
long axis of windrows are generally parallel to the direction of  the wind.  Windrows will also  form
at lower wind speed when the surface water is cooled by evaporation or movement of cool air over
the water surface. Windrow formation is inhibited when the surface water is heated from warm  air
flowing over the surface or warm rainfall.  They will also be inhibited when  the surface water has
a lower salinity, such as where a river flows into the sea or after a heavy rainfall.  Natural windrow
formation is a boon to deep sea oil cleanup because it tends to gather the oil in long narrow bands.

The temperature and salinity of the water in the deep sea are more uniform than near the coast.  As
the coast is approached, the temperature and salinity may change, and the changes may be seasonal
or may be affected by wind speed and direction.  Coastal currents are generally parallel to  the
coastline.
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SUMMARY

Immediate action after a spill can save a great deal of money and effort since the spill will usually
move with time and result in contamination of a greater area. Oil moves across the surface of water
as a result of wind and current.  Therefore, it is important to have knowledge of tides, currents,
prevailing winds and other factors which will permit the cleanup supervisor to predict how and where
a slick will  move.  It is commonly assumed that oil slicks move with  the  wind at  a velocity of
approximately 3.4 percent of the wind velocity.

Slick movement predictions can be made with chips or floats.  These measurements are also useful
for estimating loads that will be exerted on booms and anchors.

Spills in creeks are normally cleaned up by crews moving about on foot along the bank and in the
water. Bridges and culverts are often useful cleanup  locations, providing access points for personnel
and equipment.  Direction of movement of oil is highly influenced by the wind on small creeks.

Spills in rivers are normally cleaned up by crews that must move about by boat.  River currents
usually alternate from high to low velocities (riffles and pools)  and the currents meander from bank
to bank.  Oil will move to one bank or the other as it flows downstream.  Containment and removal
of the oil will usually take place at the river bank.  Bridges are often not usable as cleanup platforms
as in the case of a creek.   Rivers will usually  contain more sensitive  areas that require special
consideration during spill recovery. Wind may greatly influence the movement of oil on rivers.
Debris in rivers can hamper cleanup operations.

Lakes, estuaries and bays present special problems in containment and cleanup operations.  In larger
bodies of water, waves become very important. Some estuaries are predominantly controlled by tidal
currents, while wind driven  currents control the movement of oil in others.

Spills in the ocean are affected by deep sea currents, wind currents and waves. Windrows will tend
to cause oil to form long, equally spaced rows of oil drifting with the wind.  Deep sea currents are
more easily  predicted than the surface currents that  occur along a coast.
6/92                                         27

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                                      SECTION 5

                                        PARTI

            CONTAINMENT AND RECOVERY OF OIL ON LAND



DAMAGE DUE TO LAND SPILLS OF OIL

While  oil  spills occurring on the water are visible  and frequently  receive much  publicity,
underground leaks or tank truck accidents that allow the product to penetrate the soil often receive
less  notoriety.   Within the oil  industry,  however, the problems  associated with hydrocarbon
contamination of both the soil and groundwater are well known.  Statistical data on pipeline spills
in 1971 indicate that in 233 reported spill incidents, almost 158,000 barrels of crude oil and gasoline
were lost.  Underground spills  can lie hidden for decades, in some cases  surfacing to pose cleanup
problems years  later.

Even small quantities of hydrocarbons spilled on barren ground may cause difficulties.  Attendant
problems include polluting water wells, damaging crop lands and causing general damage to the
ecosystem.  In some instances,  surface waters miles  away from the original  spill site  may be
contaminated by hydrocarbons  transported through underground water systems.  Another problem
involves volatile petroleum products seeping into basements, sewer lines  and telephone conduits.

The  varied  effects of hydrocarbon  spills on land are  due in  part to the physical and chemical
properties of both the spilled  product and the soil  itself.   Since the geology  of a  region  may
determine to a large extent how a spill will behave, it should be carefully considered before attempts
are made to respond to an oil spill on land.  Obviously, most oil spill cleanup on land  will involve
soils of unknown characteristics.  However, in areas  where the potential  for an oil spill is  great, a
knowledge of the soil types and oil penetration depths into those soils will  allow personnel in charge
of cleanup to determine the most economically feasible cleanup methods.  Major land spills often
require geological experts to assess the situation and suggest cleanup procedures.

Sources of information concerning how oil acts on soil are varied.   Actual prespill  field studies
conducted at high spill risk areas, i.e., a storage facility, yield perhaps the best estimates.  In the
absence of prespill information, rough estimates of penetration in soil may be made post-spill by
referring to county soil maps to determine soil type, followed by calculations based on the type of
product spilled.
OIL PENETRATION OF SOIL

       Types of Soil

       If the soil  is relatively homogenous in structure and its texture  is known, a reasonable
       estimate of petroleum penetration rates may be calculated.   Texture, for purposes of this
       discussion, refers to the percent by weight of three mineral fractions:  sand, silt and clay.

6/92                                        1

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      The sand fraction may be further classified according to particle size.  The U.S. Department
      of Agriculture classification scheme is illustrated in TABLE 1.
TABLE 1
SIZE LIMITS OF SOIL SEPARATES3
Fraction
Sand
Silt
Clay
Soil Separate
Very course sand
Course sand
Medium sand
Fine sand
Very fine sand
Silt
Clay
Size (millimeters)
2-1
1-0.5
0.5 - 0.25
0.25 - 0.1
0.1-0.05
0.05 - 0.002
below 0.002
      The percentage of each of the three main fractions is used to name the soil texture (FIGURE
      1).
            100    90     80    70    60    50    40    30     20    10
                                     FIGURE 1
                             SOIL TEXTURE PROFILES
6/92

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       A knowledge of these soil texture types may be used in conjunction with county soil maps
       in order to approximate how petroleum may penetrate the soil in any particular area.  For
       example, Pelican Island on the Galveston county soil map is shown to have an alkaline and
       saline clayey and loamy soil, while the southwest end of Galveston Island consists of sandy
       and loamy soil (FIGURE 2). Generally speaking, sandy soils  are more easily penetrated by
       hydrocarbons than the clay-type soils; hence, a hydrocarbon spill on the southwest end of
       Galveston Island might be expected to penetrate to the groundwater table more quickly than
       a comparable spill on Pelican Island.
                                                                    	

                                                                    I ]  I
          LEGEND


    DEEP NON&ALINE SOILS OF THE MAINLAND

    Mocwwr-LMOft AifM lOflwwMlpoarlrWtinMorMo'i

    tniotunout

    L*k* Cn*'Wi *»en" Son«wtwiMO>»re.-»iM*rpMrt!
    ••rv UO.IT MriM»»tt tMi Ml *r« titm Virwtnwl
                                                                    GH
                                                                    CD

                                                                    CD
                                                                         MEf. SALINE SOU Of THE MAfttHLAMO
                                                                         N*fu-f r»nefl»j SiMMvnit poorly
                                        U.S DEPARTMENT or AGRICULTURE
                                          SOIL CONSERVATION SERVICE
                                      TtXAS AGRICULTURAL EXPERIMENT STATION
                                    TEXAS STATE SOIL AND WATER CONSERVATION BOARD

                                         GENERAL SOIL MAP

                                       GALVESTON COUNTY. TEXAS
CE3 S.
    DEEP. NONVU.INE SOILS OF IKE •UtltlEK IUANO
tn
                                           FIGURE!
                             GALVESTON COUNTY SOIL MAP
6/92

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      When a large volume of oil is spilled onto the soil, the oil may spread across the soil surface
      and,  depending  upon its viscosity  and the soil characteristics, may  penetrate  the soil,
      eventually  reaching the water table.  At this point, the oil may depress the water table,
      forming  a  thick lens-shaped mass that spreads throughout the funicular zone above the
      groundwater table and is subject to the influence of the groundwater flow (FIGURE 3)4.
      The funicular zone is that region above and approximately equal in thickness to the capillary
      zone.
                                                         .... .-.SOIL HORIZONS
                                                    -'' c-.-'Nv' OF VARYING
                                                      •'.'/ PERMEABILITY
         FUNICULAR ZONE

                                                         CAPILLARY FRINGE

                                                   GROUNDWATER TABLE
                    GROUNDWATER MOVEMENT
                                     FIGURES
                          OIL CONTAMINATION PROFILE
      Penetration Depths of Oil

      A calculation of whether or not the oil will reach the groundwater may be made if the soil
      properties are well known.  The following formula has been found to be of value in many
      cases5.

      Formula 1                 D =  (K)(V)/A

      D     =    maximum depth of penetration in meters (m)
      V     =    volume of infiltrating oil in m3
      A     =    area of infiltration in m2
      K     =    a constant, depending upon the retention capacity of the soil and the viscosity
                   of the oil (TABLE 2)
6/92

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       The accuracy of the calculations will be limited by the accuracy of the "K" values. Again,
       the truest K values are those determined by individual prespill  field studies.   "K" values
       given in TABLE 2 are the estimates of one author for dry soil  (worst case) conditions.
       Obviously, values for wet soils would differ greatly from those  given.  Thus, rainfall as a
       factor must also be considered.

       The maximum spreading of the  oil lens on the water  table may be calculated, if little
       groundwater movement occurs, according to Formula 2.
       Formula 2

       S
       F
       V
       A
       d
       K
              S = (1000/F) {V-{[((A)(d))/K]J

maximum spread of oil in m2
thickness of oil layer in the capillary zone
volume of oil in m3
area of infiltration in m2
depth of groundwater in m
a constant depending on the retention capacity of the soil and viscosity of the
oil (TABLE 2)
TABLE 2
TYPICAL VALUE FOR K AND F
Soil
Coarse gravel
Gravel to coarse sand
Coarse to medium sand
Medium to fine sand
Fine sand to silt
K
Gasoline
400
250
130
80
50
Kerosene
200
125
66
40
25
F(mm)
Light Fuel Oil
100
62
33
20
12

5
8
12
20
40
       For example, suppose a tank truck spills 14 cubic meters of light fuel oil on a medium to fine
       sand.  The spill diameter is 10 meters.
       A
       K
       V
       D
irr2 =  (3.1416)(5m2) = 78.54m2
20 (from TABLE 2)
14m3
(K)(V)/A  = (20)(14m3)/78.542 = 3.6m
6/92

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       If the groundwater lies at a depth greater than 3.6 meters, then the assumption could be made
       that the soil would sorb the fuel oil before it could reach the water table.

       In another case, suppose that 15 cubic meters of gasoline were spilled on coarse sand. The
       diameter of the spill is 10 meters, with a water table two meters  beneath the soil surface.
       The maximum spreading of the oil lens on top of the water table is calculated as follows.

       F      =      8mm
       V      =      14m3
       A      =      TTT2
       d      =      2m
       K      =      250 (from TABLE 2)
       S      =      (1000/F)   (V-[((A)(d))/K]}   =   (1000mm/m/8mm)    {14m3   -
                     [((78.54m2)(2m))/250]} = 1671 m2
       S      =      1700 m2
       S      =      Area = irr2

       Diameter of the gasoline of the water table = 2r =  46m

              Note: The preceding formulas may be converted easily to graph form
              for those who prefer to work with graphs.

       These tables and calculations are practical only for light products.  Since the flow rate of an
       oil is inversely proportional to its  viscosity,  only  those hydrocarbons of relatively low
       viscosity (high flow rate)  are likely to cause substantial migration problems in most soils.
       Because heavy  crudes  have a low flow rate, a determination of  their penetration rates is
       usually unnecessary.6 Much of the information concerning groundwater depth and resulting
       water table gradient can be obtained  inexpensively by consulting a local well driller.

       Hydrogeological Investigative Techniques

       In order to  most accurately  predict whether  or not a  hydrocarbon will penetrate  to the
       groundwater table, prespill evaluation of data concerning the fluctuation of  the water table,
       variation in the soil moisture content, and permeability  of the soil in the potential spill area
       is desirable.

       Ideally, investigative procedures should begin with a review of the hydrogeological data of
       the region within a potential oil spill area.   These  data should include  a study of the
       geological structures along pipelines,  tank farms and major transportation routes. Geological
       maps are  useful in revealing faults, limestone deposits and other geological features that
       might facilitate the transport of spill products.  Similarly, a general assessment of subsurface
       conditions, including the probable direction of flow of underground water  systems, should
       be made.  Finally,  it may be useful  to delineate the boundaries of various hydrogeological
       systems.

       The  usual boundaries are  rivers,  into  which spilled oil is sometimes  carried by the
       groundwater6.
6/92

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       The second  phase of investigative procedures, especially where the ground consists of
       discrete soil horizons, involves an actual field investigation.  Such an  investigation may
       include soil samples taken during percussion drilling.  The samples may be examined for
       grain size in order to accurately define the nature and location of the soil horizons.  From
       core samples one may also determine the porosity of each soil horizon. The boreholes may
       be used for water permeability measurements.  In addition, hydrocarbon percolation tests
       may be made. The groundwater head distribution may be studied by inserting standpipes (for
       monitoring the water level) into the complete boreholes.

       Pumping tests  in selected  wells  can be made to  determine the transport potential
       (transmissivity) of the aquifer6.  These combined data offer a working knowledge of:

        1.     the amount of hydrocarbon that must be spilled  in order to reach  the groundwater,

        2.     the  direction and  rate  of migration of the  product once the  groundwater is
              contaminated,

        3.     the geological or hydrogeological boundaries that exist, and

        4.     the rate at which the product may be extracted from the ground.

       This information can be translated into a cross-sectional map showing the  probable direction
       of travel of the oil as it follows the groundwater system (FIGURE 4).
                                                                         STREAM
                                        FIGURE 4
                          SAMPLE GROUNDWATER SYSTEM
6/92

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SUMMARY

Hydrocarbons move through the soil depending upon the properties of both the soil and the product.
A prior knowledge of soil types and permeabilities, as well as the general hydrogeological features
of an area can help in preplanning a response to an oil spill on land.  This information may be
gained from geological maps, county soil maps and actual field studies of an area.
LITERATURE CITED

 1.     Meyer, Charles F. (Ed.),  "Polluted Groundwater:   Some Causes, Effects, Controls and
       Monitoring," EPA-600/4-73-0016, PB Reports,  1973.

 2.     Butts, E.G.,   "While oil leaks in pipeline  and storage facilities  don't receive the press
       coverage accorded oil  spills at sea, losses  from leaks  of this sort are needlessly high.
       Incentives are needed  in Canada to encourage research which  will help alleviate  this
       problem," Revue de Flngeniere, pp. 45-47, Mai/Jui, 1977.

 3.     Thompson, Louis M. and Frederick R. Trueh, Soils and Soil Fertility. New York:  McGraw-
       Hill Book Company, pp 46-47.

 4.     Moll, R., "The  Migration of  Oil Products in the  Subsoil with Regard  to Groundwater
       Pollution by Oil," Advances  in Water Pollution Research. S.H. Jenkins (Ed.), New York:
       Pergamon Press, 1971.

 5.     Concawe Secretariat, "Inland Oil Spill Cleanup  Manual," Report No. 4.74, 1974.

 6.     Harper, T. R., "Investigation, Prediction and Control of the Contamination of Groundwater
       by Oil," Petroleum Review,  Volume 30, No. 356, pp. 484-487, 1976.
 6/92

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                              CLEANUP TECHNIQUES



Methods of cleaning up spills on land are varied to suit the following situations:

        1.     oil moving horizontally on land, and

        2.     oil sorbed by the soil above the water table.

In the case of oil moving horizontally on land, the problem can be further divided into three main
situations.  If oil is  spilled on  land around a  tank farm or loading facility, prior planning should
dictate  the course  of action.   According  to guidelines for  Spill  Prevention Control  and
Countermeasure (SPCC) Plans published in the Federal Register of December 11, 1973, entitled "Oil
Pollution Prevention", section 112,7, subsections b and c state:

              (b)     where experience indicates a reasonable potential for equipment failure such
                      as tank overflow, rupture or leakage, the plan should include a prediction of
                      the direction, rate of flow and total quantity of oil which could be discharged
                      from the facility as a result of each major type of failure.

              (c)     appropriate containment  and/or diversionary  structures  or  equipment  to
                      prevent  discharge oil from  reaching  a  navigable water course should  be
                      provided. One of the following preventative systems or its equivalent should
                      be used  as a minimum:

                      1)     Onshore facilities
                            i.     dikes, berms or  retaining  walls  sufficiently impervious  to
                                   contain spilled oil
                            ii.     curbing
                            iii.    gutters or other drainage systems
                            iv.    weirs, booms or other barriers
                            v.     spill diversion ponds
                            vi.    materials

When hydrocation spills occur on city streets as from a tank truck accident,  the  first agency to
respond is  usually the fire department.  Unfortunately, the first response of many fire  departments
may be to  hose the  product into nearby storm sewers or roadside ditches.  The fact  that the fire
department initiates this action  does not relieve the company of the liability for damages caused  by
the spill.   In some  cases, hosing the spill into a sewer  system may  actually increase  the  spill
damages.   In cities where the potential for a tank truck accident is high, a map of the  storm sewer
system  should be obtained from the city. Prior to knowledge of information such as flow rates and
directions,  access points and high fire hazard areas in the system will  allow a quick  and positive
response to a spill that enters  the sewer.  Proper training and equipment for removing a volatile
hydrocarbon in  such a special  situation are essential.  Perhaps one of the better general response
procedures, especially appropriate if the product is highly toxic or soluble, is to keep the product out
of the sewers. This  may be done by constructing simple dikes of any readily  available material that
is impervious to oil.  If soil is used, it should be relatively impermeable. Also, several types  of


6/92                                          Q

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commercially available quick-setting  foam may be used to construct dikes.  Collapsible storage
bladders may be used for emergency containment of spilled product.  These sausage-like devices also
allow a leaking or damaged tank truck to be unloaded quickly at the scene of the accident.   In
deciding whether to contain hydrocarbons on land or flush them into  sewers, consideration should
be given  to minimizing fire and explosion hazards.  If the product presents no immediate fire or
explosion hazard, the best response may be to keep it out of the sewers and remove it from the land
surface.  Oil on roadways can be pushed to collection sumps, trenches or vacuum devices. Loose
sorbents can be worked on top of pavement to remove residual oil.

Land spills  in remote areas pose special problems.  Leaks from surface pipelines, tank truck
accidents in rural areas, and oil field spills are common sources. Planning the response to such spills
is difficult, but many workers in the industry have found that topographic maps of the areas along
pipelines  and around production fields help in figuring the direction of oil  moving along the surface.

Before a  spill occurs, a list of earthmoving contractors and equipment should be made (for type see
Appendices).  A telephone call  to one of these agents  is sometimes the quickest way  to get a
retaining  dike built.  Some companies have  special spill kits  for  remote areas which include
equipment for confining moving surface oil. Crude oil and heavy fuel oils on the soil can be floated
with water in ditches,  trenches or behind dikes to limit oil penetration into the soil.

Hydrocarbons that are sorbed  by the soil above the water table may be treated  in several ways,
depending upon the nature of the soil and  product. If the spill area is shallow with a clay or water
seal along the bottom,  flushing with water will, with limited effectiveness, float the oil from the soil.
Although rarely employed, natural sorbents, such as sawdust, hay or ground corncobs, mulched into
contaminated soil have been used where other cleanup methods have proven ineffective.  After
having been mixed into the soil, the sorbents are removed by a water stream, collected and  disposed
of properly (FIGURE 5).  In frozen soils, high pressure water to dissolve oil or steam cleaning to
lower oil viscosity is used to float oil with  only minor damage to plants. These tools also work well
on roadways, walls and other man-made structures.
                                                            t— SORBENTS
                                          OOO OOCOO O O CUD O o O O C
                CLAY OR
               DAMP SOIL
                                        FIGURES
                       SORBENT/HYDRAULIC REMOVAL OF OIL
 6/92
10

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A common method of treating soil contaminated with hydrocarbons is simply allowing the oil to
biodegrade.  The success of this method depends on the oil toxicity, available nutrients,  available
water, ambient temperature and oxygen availability. Biodegradation of alkane hydrocarbons proceeds
readily by naturally occurring microorganisms such as yeast, bacteria, mycobacteria and mold fungi.
More complex hydrocarbons such as aromatics biodegrade more slowly.

Before initiating any response, volatile hydrocarbons should be allowed to evaporate.  Later, various
techniques can be used to increase the biodegradation rate. The techniques include:

        1.    Tilling

        2.    Adding fertilizer

        3.    Adding Lime

        4.    Adding bacteria

        5.    Temporary drainage

        6.    Aeration

If the oil  depth  is shallow,  discing and adding fertilizer can add oxygen and nutrients which will
cause rapid conversion of soil to carbon dioxide and water by bacteria.  Repeated treatments will
usually  be necessary.   Tillage  should not  be  used on dry soils  that  may be  blown away upon
disturbance.  Some workers have found that plowing organic matter such as sewage treatment plant
sludge into the oily soil can increase the biodegradation rate.   However, others suggest that it does
not.  For example, sawdust added to arctic soils has only added more organic matter to the  soil
which increase the biological oxygen demand.

Other additives  such as lime may be considered for corrosive oils on acidic soils to neutralize the
added acidity.   Special bacteria cultures may be added to inoculate a site. However, it  has been
debated whether the cultures are more effective than naturally occurring bacteria. They have shown
some success on very acidic soils.

To add air into the soil, temporary drainage with tilling and fertilization may help wet forest sites.
Entry of air into the soil will facilitate oil volatilization and degradation.  However, drainage without
soil mixing can  do more harm than good. Excessive drainage can cause soil problems such as  soil
subsidence.

Oil deeper in the ground, below the aerobic bacteria zone, may be degraded by air pumped into the
ground. For small spill areas, soil aeration by pumping air through buried perforated pipe  or drilled
holes can oxidize  volatile hydrocarbons  and hydrogen sulfide  and increase aerobic  bacteria
degradation.  Recent research has experimented with hydrogen peroxide injection into soil layers to
oxidize volatiles. However, this technique may sterilize the soil.  Other research using surfactants
can increase oil leaching, yet surfactants may clog soil.  Before  applying  any land modifying
technique, consultation with soil scientists and local  government personnel is suggested.
6/92                                          11

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Other cleanup techniques are burning, soil removal and water infiltration. Burning is often thought
of as a final cleanup process. However, more work is usually needed.  Burning can remove large
amounts of oil or the last traces of oil remaining after oil removal operations. It will also oxidize
volatile hydrocarbons.  Burning can leave an oil film or crust which may prevent  seedling shoot
penetration, can  spread  oil  further  than  unburned  spill boundaries, can  kill plants  which may
contribute to  erosions, and  or  can  produce products more toxic than the  original oil  product.
Therefore, if burning is used, biodegradation techniques should be used to help eliminate oil.

Soil removal is possible for shallow contaminated soils and spills of small area.  The amount of oil
contaminated can be tremendous even for heavy fuel oils (FIGURE 6).  Contaminated soil does not
mean the soil  is sterile.  Soil should  not be removed in most cases unless absolutely necessary.
                15
                10
                              2           4          6          8          10

                       VOLUME OF CONTAMINATED SOIL (TO SATURATION)
                          (THOUSANDS OR CUBIC YARDS (30% POROSITY)
                                       FIGURE 6
         RELATION OF SPILL SIZE TO VOLUME OF SOIL CONTAMINATED
                   TO POINT OF SATURATION (soil immobilization)2
 Problems associated with soil removal are contact with buried structures (pipelines, cables), damage
 to building foundations, explosion hazard in pits when working with volatile products, and equipment
 breaking through impermeable layers in the subsoil which would allow greater product penetration.
 6/92
12

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Problems associated with soil removal are contact with buried structures (pipelines, cables), damage
to building foundations, explosion hazard in pits when working with volatile products, and equipment
breaking through impermeable layers in the subsoil which would allow greater product penetration.

Water infiltration has proven to be impractical during most spills to float oil to the surface. In gravel
or sandy soils where the groundwater table is less than a foot from the surface, oil  can  be flooded
to the surface and either recovered or burned.  However, water flooding can limit oxygen in the soil
and contribute to carbon dioxide toxicity, can  accelerate  nitrate leaching, can  decrease aerobic
bacteria and cause denitrification.  It is  impractical in subfreezing weather.

After all cleanup activities are complete, any containment devices such as dikes,  trenches, etc.,
should be removed.   The topography  should resemble a prespill appearance.  Revegetation or
restoration can  now be considered.   Revegetation can increase biodegradation in  some  cases.
Planting  leguminous  species  over the  spill  site can  add nitrogen to the soil which can aid
biodegradation.  Crops such as alfalfa tend to breakup residual high molecular weight hydrocarbons8.
Although many  legumes are used in site revegetation (TABLE 3), some such as  alsike  clover and
white clover are known to tolerate oil while alfalfa has a low tolerance of oil. Grasses may also be
used for  revegetation (TABLE 4).  Some such as brome grass and reed canary  grass are known to
have high oil  tolerances.  Which species is chosen  will depend on the time of year planted, soil
characteristics and amount of oil in the soil.   Once again,  consultation with local soil  scientists  is
advised.
TABLE 3
LEGUMES COMMONLY USED FOR REVEGETATION9
Variety
Alfalfa (many
Birdsfoot trefoil
Sweet clover
Red clover
Alsike clover
Korean lespedeza
Servicea lespedeza
Hairy Vetch
White clover
Crownvetch
Best
Seeding Time
Late summer
Spring
Spring
Early spring
Early spring
Early spring
Early spring
Fall
Early fall
Early fall
Seed Density*
seeds/ft2
5.2
9.6
6.0
6.3
16.0
5.2
8.0
0.5
18.0
2.7
Important
Characteristics
Good on alkaline
Good on infertile
Good pioneer on
Not drought
Similar to red clover
Annual, widely
Perennial, tall erect
Winter annual,
World-wide, many
Perennial, creeping
Areas/Conditions
of Adaption
Widely adapted
Moist, temperate, U.S.
Widely adapted
Cool, moist area
Cool, moist areas
Southern, U.S.
Southern, U.S.
All of U.S.
All of U.S.
Northern U.S.
* Number of seeds per square foot when applied at 1 Ib/acre.
6/92
13

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TABLE 4
GRASSES COMMONLY USED FOR REVEGETATION9
Variety
Redtop bentgrass
Smooth bromegrass
Field bromegrass
Kentucky bluegrass
Tall fescue
Meadow fescue
Orchard grass
Annual ryegrass
Timothy
Reed canarygrass
Best
Seeding Time
Fall
Spring
Spring
Fall
Fall
Fall
Spring
Fall
Fall
Late summer
Seed Density*
seeds/ft*
14.0
2.9
6.4
50.0
5.5
5.3
12.0
5.6
30.0
13.0
Important
Characteristics
Strong, rhizomatous
Long-lived perennial
Annual, fibrous
Alkaline soils, rapid
Slow to establish,
Smaller than tall,
More heat tolerant
Hot winter hardy,
Shallow roots, bunch
Tall, coarse, sod
Areas/Conditions
Of Adaption
Wet, acid soils, warm
Damp, cool summers,
Cornbelt eastward
North, humic, U.S.
Widely adapted, damp
Cool to warm regions,
Temperate U.S.
Moist southern U.S.
Northern U.S., cool
Northern U.S., wet
* Number of seeds per square foot when applied at 1 Ib/acre.
SUMMARY

Movement of oil on top and into the soil will depend on topography, soil permeability and structures
below the surface.  Oil penetration into the soil can be predicted.

Oil on hard surfaces can be pushed  into collection devices or sucked into vacuum devices.  Final
cleaning can use sorbents or water.  Oil on other surfaces may use heavy equipment to remove oil
and contaminated soil, water flooding within dikes to float oil, sorbents and water flooding to recover
oil, or burning to remove oil.

Oil below the surface can be removed by aeration and biodegradation.  Tilling, fertilizing, liming,
adding bacteria and drained soil may increase aeration and biodegradation. Soil removal and water
infiltration require special consideration of the effects of the techniques.

Final cleanup involves  site restoration.  Containment devices should be removed and sites revegetated
where needed. Techniques should be used that facilitate site restoration as quickly as possible.
6/92
14

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LITERATURE CITED

 1.     Thompson, L.M. and F.R. Trueh.  Soils and Soil Fertility. McGraw-Hill Book Company,
       New York.

 2.     Coony, J.J. and I.E. Phrson.  1955. Avocado irrigation.  Calif. Agric. Est. Leafley 50.

 3.     Moll, R.  1971.  The migration of oil products in the subsoil with regard to groundwater
       pollution by oil.  In:  Advances in Water Pollution Research (S.H. Jenkins, Ed.). Pergamon
       Press, New York.

 4.     Concawe  Secretariat.  1974.   Inland Oil Spill Cleanup Manual, Report No. 4.74.  The
       Hague, Netherlands.

 5.     Harper, T.R.   1976.    Investigation,  prediction  and control of the  contamination of
       groundwater by  oil.  Petroleum Review 30(356):484-487.

 6.     McGill, W.B. 1977. Soil restoration following oil spill - a review. J. Canadian Petroleum
       60-67.

 7.     VanLoocke, R., R. de Borger, J.A. Voets, and W. Verstra, etc. 1975.  Soil and groundwater
       contamination by oil spills; problems and remedies.  Intern. J. Environ.  Studies 8:99-111.

 8.     Dept. of the Navy.  1977. Oil Spill Control for Inland Waters and Harbors.  NAVFAC P-
       908.  January, 1977. Alexandria, VA.

 9.     Lutton, R.J.  1980.  Evaluating cover systems,  for solid and hazardous waste.  SW-867.
       U.S. Environmental Protection Agency, Washington, B.C.
FURTHER READING

Gupin, C., W.J. Syratt.  1975.  Biological aspects of land rehabilitation following hydrocarbon
contamination. Environ. Pollut. 8:107-112.
6/92                                       15

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                                      SECTION 5

                                        PART II

      CONTAINMENT AND RECOVERY OF OIL IN ICE AND SNOW



SPILLS IN WATER WITH THIN ICE

The primary concern with oil recovery where ice is involved is personnel exposure due to extreme
weather conditions which can cause frostbit, loss of limb, or loss of life.  This threat along with the
possibility  of sudden  weather deterioration  makes  oil containment  and  recovery  particularly
hazardous.  Therefore, it is recommended that individuals working on or near icy waters have safety
lines connected from themselves or their life jackets to a buddy who can pull a fallen  buddy from
the water.  Additional cold weather survival gear, such as a warming house to limit exposure and
a helicopter for emergency response,  should be available at the cleanup site.

Another concern with oil recovery is the oil's movement. Oil spreading rates in cold  weather are
less than oil spreading rates in warm weather.  Those oils that are semi-solid  at 0°C will not spread
significantly (i.e., Bunker C, heavy crude).

Oil in water with thin ice will move  similarly  to oil in water.   However, where currents  are
involved, oil movement will be slower where ice is encountered.  Dark  colored oil may be visible
beneath thin ice to aid in  locating  the oil, but light colored oils, such as diesel or gasoline, may be
difficult to  observe under ice.

Containment techniques are the same as for oil in water although a thick ice sheet can be  manipulated
to aid in oil containment.  The ice can be  broken so that the ice ridge acts as an oil barrier  in no
current situations or can be broken at  an  angle  to the current to act as a deflection  device in a
current. At the recovery site, a boom or other oil barrier should be used.

Oil can be recovered with either vacuum trucks or skimmers.   The major problem with these  is ice
debris.  The use of screens and the skimmer types chosen can reduce the severity of this problem.
One  particularly useful skimmer has been the  rope mop skimmer.  At subfreezing temperatures,
diesel is recoverable with  these skimmers.   However, for higher viscosity oils, such as Bunker C,
hot water baths can be used to remove oil  from the mop.

Another potential problem can be  the pumps used with skimmers. Once started, a pump should be
run continuously to prevent freeze-up  of product in hosing. Since draining of pumping systems may
not be feasible in freezing temperatures, antifreeze solutions should be added into the pump intake
when a pump is not running.  When a product is moving through the hose, product warmers, which
heat the product or insulation placed below the hose (i.e., sorbent roll) can be used  to keep the
product moving.  Since products under ice are near freezing temperature, subfreezing  temperature
above the ice surface can change the pumpability of products recovered.  In some spills,  bucket lines
have been used to transport recovered oil from the skimmer to tank trucks when products in hosing
has solidified.
6/92                                        17
This part of the Inland Oil Spill Course manual was reproduced by permission of The Occupational and Environmental Safety Training Division
of the Texas Engineering Extension Service The Texas A & M University System.

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SPILLS IN WATER COVERED WITH THICK ICE

Oil can combine with thick ice in several ways to slow or stop its movement.  Oil spilled on ice can
stay on the surface or penetrate channels and cracks in the ice. Experiments with this phenomenon
have recorded that as much as 25 percent of the crude oil spread on ice was absorbed in the ice.
In sea water, brine channels form where salt is expelled  from the ice.  Generally, salt water is 31
parts per thousand (ppt) or less in salinity.  Although first  year ice is  around  10 ppt in salinity,
salinity decreases  as ice ages.  These brine channels can allow surface oil to rise to the surface. Oil
under ice can be trapped in subsurface ice  pockets or cavities. If the temperature decreases, oil will
become encapsulated in the ice as the surrounding ice freezes. Oil under or encapsulated in ice can
penetrate small channels that  form as the ice  freezes and melts to form surface melt pools.  This
process is accelerated when the dark oil under the ice surface absorbs radiant energy from sunlight.
This can cause the ice to melt, forming more channels.   Experiments have demonstrated that oil
under ice  can flow into channels to a height of 15 cm (5.9in) above the water, containing about 5
percent of the spilled oil.

The use of sophisticated aerial  photography for detecting oil under ice has been unsuccessful or
impractical; and although the use of radar and acoustic techniques have shown promise, they need
more research  and refinement.   The most  widely used  technique for  finding oil under thick ice
involves waiting for the oil to appear on the water surface or drilling test holes through the ice and
waiting for the oil to surface.

In a current, maximum oil  movement can be predicted by assuming that the oil will move at the
current velocity.  However, the oil will usually move slower than the  current velocity  due to its
contact  with the  ice (FIGURE 7).  When oil does move in a current, hydrocarbon monitors,
explosimeters,  or "sniffers" can detect the presence of oil in test holes, ice leads, or other ice
openings.
                                        FIGURE?
                                SUBSURFACE BARRIERS
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Other techniques that have been used in clear  water are the use of underwater divers who can
monitor the ice under the surface for oil. The major difficulties with these two techniques are their
inability to maneuver in fast currents and the expenses incurred.

A less expensive technique used when ice is clear or translucent is using lights lowered beneath the
ice to reveal oil shadows cast through the ice when dark. Darkness will occur naturally at night or
can be created using large black plastic sheeting over the ice during the day.  The oil in the shadows
should be confirmed by drilling an auger hole.  Liquid can be removed from the hole to check for
oil, or gas can be sampled with a hydrocarbon monitor for oil vapors.

When oil  is found,  the area should be marked, as additional snowfall can obscure a site and delay
the cleanup response. Finding an unmarked site from memory will be difficult, as the site's physical
characteristics may  be changed by snowfall.

Before any oil spill control technique is initiated on  ice, the ice thickness should be  determined  by
drilling  as many test holes through the ice as necessary.  The weight  bearing capacity of the ice
should be checked,  and other previously mentioned safety precautions should be observed.

Choosing a containment and recovery technique will not only depend on ice thickness but also  on
the ice type.  If ice sheets are rafted (overlapping broken ice sheets), oil may surface between sheets
in the openings.   However,  working  on sloping ice sheets that may  sink or rise  due to the
surrounding pressure from other rafted ice can be dangerous.

If access is available to oil contained by rafted ice, boring can be initiated when  the oil collects to
a minimum depth of five centimeters. Ice can make  an effective containment device by holding the
burning oil in place and keeping the burning oil from spreading as it does in open water.

The main problems with burning oil are  getting  the oil to ignite and keeping the oil ignited.  Since
oil fires are always smoky, health risks are associated with dark colored particulate carbon and soot.
They can  cool and fall on snow or ice, where these particles readily absorb radiant energy and melt
the surrounding ice, causing slipper conditions.  If the oil is of high sulfur content, burning will
release sulfur dioxide, which can cause respiratory problems for individuals near the smoke. All of
these burning products are potential health hazards to surrounding residential areas, as smoke from
oil fires has been carried 50 miles or more from the oil burning site.

In areas where ice is relatively  flat and stationary,  oil can be contained with a number of subsurface
barriers.  One simple oil barrier can be made by cutting a thin slot in the ice and placing plywood
or some similar barrier through the slot.  Subsequent freezing will hold the material in place. These
barriers should be placed at a 30° angle to the current to divert oil to a recovery point near the
shoreline  (FIGURE 7).

Barriers can also be constructed by simply using water on first year ice.  This can be accomplished
by adding water to the upper ice surface  where it will quickly freeze.  The added weight causes the
ice  to sink, forming a barrier (FIGURE 8).  Since the ice thickness varies due to temperature, the
subsurface ice will melt  slowly.   Adding more  water to the surface can quickly  minimize the
problems  with subsurface ice melt.
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                                   WATER SPRAY
                                                     OIL
                                                                 CURRENT
                                  FIGURES
                                 ICE BARRIER
Using the principle of ice thickness, response to temperature pockets or troughs in subsurface ice can
be made by applying insulation to the ice surface (FIGURE 9).  However, do not expect the
subsurface ice to melt rapidly.
         WATER
                                  FIGURE 9
                                 ICE TROUGH
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Auger holes and slotting can also be used in conjunction with  subsurface barriers or simply by
themselves.  These techniques allow oil to come to the surface  waters.  Since surface water will
freeze, continued ice removal is required.  Auger holes work best in stationary oil deposits. Care
should be taken in coastal areas and in entrapped oil pockets where pressure from tidal action and
ice crystal growth  (respectively) can cause pressures under the ice and force oil and water to spurt
out of newly cut holes.  In stationary or flowing waters, slots can be used. Slots cut in the ice above
flowing water should be placed at angles up to 30° to the current to force contained oil to a recovery
site (FIGURE 10).  Typically slots are one and a half times the ice thickness. This width allows
oil caught in the flowing water time to surface.
   OIL
                             WATER
                              FLOW
                                        FIGURE 10
                                        ICE SLOT
Equipment used in making slots are chain saws, circular saws and trenching machines, while manual
or hydraulic lifts, cranes,  and tractors are used  in removing ice blocks.  The water depth  will
determine if ice blocks need to be removed.  Shallow water,  sand bars or underwater obstruction
may necessitate ice removal.  On the other hand,  if the water  is deep enough, some blocks can be
pushed under the ice on the downstream side of the slot and can be utilized as an additional barrier
in the spill response.  Once completed, all slush and ice fragments should be removed from the slot
6/92
21

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to allow the oil to be carried down the slot by the current.  Recovery equipment can be used to
collect the oil on the down current side of the slot.

Another oil recovery technique that has been found to have limited  success is  contaminated ice
removal. This method is usually considered unsuccessful since recovered oil is less than one percent
of the total volume recovered. Even with the use of heavy mechanical equipment scraping oil off
the ice, it is impractical at best. Oil on ice or snow surfaces is relatively  easy to recover. Oil can
be mixed with  snow which can contain 30 to 50 percent oil by volume.  The use of heavy equipment
or manual removal techniques on oiled snow will depend on the ice thickness. The use of snow as
a sorbent material decreases when oil viscosity  is high, when  oil-snow temperature differences
decrease, and when snow porosity decreases (wet snow).

If access is not readily available,  waiting  for future recovery may be  necessary.   Due to the slow
weathering of oil in cold climates, the formation of tar-like residue may take many months to form.
SUMMARY

A major concern with containment and cleanup of oil in icy waters is personnel safety.  Oil can rise
into pockets under ice sheets, freeze within ice, form surface pools, or surface between edges of ice
sheets.

In a thin ice situation, conventional containment and recovery devices can be used once ice is broken.
However, it may be possible to break ice in a way to aid in oil recovery.

Cleanup of oil with thick ice will involve finding oil and making cleanup sites. Containment of oil
can include subsurface barriers, ice  barriers, ice  troughs and  ice slots.  Oil  can be  removed by
vacuum devices, skimmers or burning.  Oil on ice can be removed  by manually or mechanically
scooping oil into trucks, sucking oil with vacuum devices or mixing oil with snow with removal by
trucks.  Since oil weathers slowly with ice, spill cleanup can be postponed until weather conditions
improve if access is poor or if weather or ice conditions threaten personnel safety.
FURTHER READING

Department of the Navy.  Oil Spill Control for Inland Waters and Harbors.  Report NAVPAC, P-
908.

Hoult, D.P. 1974. Oil in the Arctic.  U.S. Coast Guard No. Dot. CG-42913-A, App C, Feb.  1974.
Wolfe, L.S. and D.P. Hoult, 1974. Effects of oil under sea ice.  J. Alacoil B.

Logan, W.J., D.E. Thorton, and S.L. Ross.  1975.  Oil Spill Counter Measures for the Southern
Beaufort Sea. Canada Environmental Protection Service, Report EPA-3-Ec-77-6, 126 pp.
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NORCOR Engineering and Research Ltd.  1975.  The Interaction of Crude Oil With Arctic Sea Ice.
Beaufort Sea Technical Report No. 27.  Beaufort Sea Project,  Environmental Protection Service,
Victoria, British Columbia, Canada.

Schrier, E., M.J. Miller,  L. Grain,  D. Maiero, P. Dibner and  B.L.  Westree.   1978  Cleanup
Efficiency and Biological Effects of a Fuel  Oil Spill in Cold Weather.  The January 1977 Brouchard
No. 65. Oil Spill in Buzzards Bay, Massachusetts.  URS 7004-05-01, 199 pp.

Tsang, G.  and E.G. Chen.  1978.  Laboratory Study of Diversion of Oil Spilled Under Ice Cover.
Report to Prairie Region Oil  Spill Containment and Recovery Advisory Committee, 42 pp.
6/92                                       23

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                                SECTION 5

                                  PART III

        NATURAL RESOURCE DAMAGE ASSESSMENT (NRDA)
A PROCESS OF ASSESSING AND ASSIGNING COMPENSATORY DAMAGES RELATED TO
RELEASES OF OIL AND HAZARDOUS SUBSTANCES
AUTHORIZED BY:
CERCLA -  COMPREHENSIVE ENVIRONMENTAL  RESPONSE  COMPENSATION  AND
LIABILITY  ACT,  NOW   CALLED  SARA  -  SUPERFUND  AMENDMENTS   AND
REAUTHORIZATION ACT.
SPECIFICALLY, SECTION 301 (C):
REQUIRING  THE  PROMULGATION OF  REGULATIONS FOR THE ASSESSMENT OF
DAMAGES FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES
RESULTING FROM THE RELEASE OF OIL OR HAZARDOUS SUBSTANCES.
NATURAL RESOURCES ARE DEFINED AS:
      "Land, fish, wildlife, biota, air water, groundwater, drinking water supplies, and other such
      resources belonging to, managed by, held in trust by ... or otherwise controlled by the
      United States ... any state or local government or foreign government."

(Note that this does not include damages to private property or to private parties, which are
recoverable under other laws)

Also addressed by the CLEAN WATER ACT (CWA)

CERCLA Section 301 (c) specifies:

      *     Type A - a standard procedure for simplified assessments requiring minimal field
            observation, and

      *     Type B - alternative (complex) protocols for conducting assessments on a case-by-
            case basis.

      *     Section 301 (c) also stipulates that the regulations should:

            **    identify the "best available" procedures to determine damages
6/91                                  25
This part of the Inland Oil Spill Course manual was reproduced by permission of The Occupational and Environmental Safety Training Division
of the Texas Engineering Extension Service The Texas A & M University System.

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              **    take into considerations factors including replacement value, use value, and
                    the ability of the ecosystem or resource to recover.

                             NOTE: use of the rule is optional

              pre-assessment - decision to conduct an assessment:  does the discharge warrant a
              NRDA?

              **    Criteria:

              a discharge or release occurred
              natural resources are potentially affected
              sufficient substance to potentially  cause injury
              data is obtainable at a reasonable  cost
              response actions may not remedy  the injury

              assessment plan -  planning; coordination; involvement of public, PRP's and other
              trustees;

              insures that the assessment is performed in a planned and systematic manner, and that
              the methodologies selected can be conducted at a reasonable cost

              **    level of detail

              **    type A/type B decision

              **    technical information:  general

              **    assessment -   injury, pathway,  and   damage  determinations;   injury
                    distinguished from damages

              **    post-assessment - compile record, damage award, and restoration plan
                                  TYPE A - OVERVIEW

       *      based on a computer model (sometimes referred to as the NRDA Model for Coastal
              and Marine Environments  + NRDAM/CME)

       *      applicable only to spills in coastal  and marine environments

       *      prepared for 10 different areas (including Northern Gulf Coast)

       *      contains three submodels:

                     physical fates
                     biological effects
                     economic damages


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                         TYPE A - CONSIDERATIONS FOR USE




       *      release occurred in a coastal or marine environment




       *      spilled substance is included in the program




       *      the injured biological resources are included in the program




       *      the discharge was of short duration




       *      the discharge or release was minor




       *      the discharge or release was a single event




       *      the discharge caused the closure of a fishing area, beach, or hunting area




       *      and others!




       *      type A model must be used if conditions apply, except that:




              **    the PRP's may request that a Type B assessment be performed








                                    TYPE A - INPUTS




       Inputs to the computer program include:




       *      case number of the spilled substance




       *      amount spilled




       *      date of release  (spill)




       *      area of spill




       *      bottom type at  spill site




       *      amount of spilled material recovered by cleanup




       *      number and duration of area closures




       *      information on currents, tides, winds,  and water depth




       *      selected oceanographic and water  quality  conditions
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                                 TYPE B - OVERVIEW

      *      used for discharges in any area

      *      may require considerable field observations

      *      specific procedures determined by trustees; there are not specific procedures specified

      *      consider:

             **     short and long term injury, destruction, loss

             **     direct and indirect injury

             **     replacement value

             **     use value

             **     ability of resource to recovery



                         TYPE B - CONSIDERATION FOR USE

      *      the discharge must be covered by CERCLA or CWA

      *      a finding that the discharge could have resulted in some  injury to a natural resource

      *      the trustees are concerned about the potential injury and the extent of injury

                TYPE B - SPECIFIC TECHNICAL INFORMATION NEEDS

      *      confirmation of exposure

      *      economic methodology determination

      *      quality assurance plan

      *      objectives of testing and sampling for injury or pathways



                                  TYPE B - DAMAGES

      *      to recover damages under a TYPE B assessment, the trustees must:

             **    demonstrate  that  an injury  occurred to a  natural  resource  (compare to
                    standards, criteria, characteristics, guidelines, etc.)


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              **     establish that the injury was the result of the discharge

                            that is, demonstrate exposure pathways

              **     only committed  resource uses may be considered

              damage costs may be determined by one of two methods:

              **     restoration/replacement method

              **     alternative valuation method - assigning a cost to the loss of a resource or the
                     public's use of a resource

              **     damages were originally required to be the lesser of restoration costs, or loss
                     of use values; this has since been overturned in court

              **     all money recovered through the NRDA process is to be used only for actions
                     approved in the  restoration plan
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                                             29

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                                     SECTION 5

                                       PART IV

              SHORELINE PROTECTION AND RESTORATION
Oil deposited on beaches and shorelines is one of the greatest problems of the cleanup crew because
of the expense for cleanup and restoration.  It has been estimated that up to 50 percent of the total
cost for some spills was directly attributed to beach and shoreline restoration.  Cleanup cost will
depend on the natural and manmade features of the shoreline, tides, weather, distance to disposal pits
and forms of restoration required.

SHORELINE PARAMETERS

       Exposure

       The potential for booming a shoreline will depend on its exposure to wind and wave action.
       Shoreline exposure varies along its length so that there is a transition from exposed sites to
       sheltered sites.

       Exposed shorelines are subjected to swell and storm waves which allows them to be more
       self-cleaning than sheltered  shorelines. Sheltered shorelines are protected from wave cleaning
       action by sand bars, peninsulas, reefs, or spits.

       Energy Level

       The energy  level is determined by the  amount of current, wave, and tidal action to the
       shoreline.  These actions will influence oil persistence on the shoreline and contamination of
       other nearby shorelines.

       High energy shorelines are generally exposed to swell  and storm waves and swift currents
       that can bury or remove quantities of oily sediments over a short time interval. Low energy
       shorelines are generally sheltered from wave cutting actions and swift currents.  Indicators
       of high energy shorelines include:

        1.     Short transitions from shallow to deep water.
        2.     Rounded sediment particles.
        3.     Highly sorted beach material (e.g., sand, pebbles, cobbles, boulders - only one type
              in beach material).

       Shoreline Access

       Transporting manpower and equipment to  oiled  shorelines is  a  prime consideration in
       deciding whether cleanup should be initiated.

       Due to these factors, a shoreline sensitivity index has been developed.  See TABLE 5.

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                                        TABLE 5
                 SHORELINE SENSITIVITY INDEX FOR OIL SPILLS
                1.     Exposed rocky coast
                2.     Wave cut platforms
                3.     Fine grained sand beaches
                4.     Coarse grained sand beaches
                5.     Exposed tidal  flats
                6.     Mixed sand and gravel beaches
                7.     Gravel beaches
                8.     Sheltered rocky coasts
                9.     Sheltered tidal flats
               10.    Marshes, swamps, and mangroves
       Sensitive or Unique Features

       Biological,  physical,  and cultural characteristics will  influence an area's sensitivity and
       uniqueness.  Biological characteristics include:

       1.     rare, threatened, or endangered species,
       2.     reserves and preserves,
       3.     waterfowl concentrating areas,
       4.     mammal and bird rookeries,
       5.     commercial important species,
       6.     recreational important species, and
       7.     ecologically productive areas (e.g., marshes).

       Physical characteristics include:

       1.     high erosion potential areas if disturbed,
       2.     geologically designated study sites,
       3.     fossiliferous formations,  and
       4.     mineral-bearing formations.

       Cultural characteristics include:

       1.     archaeological study  areas,
       2.     tribal fishing areas, and
       3.     historical monuments.
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       Other Considerations

       Recreation and industrial areas should be considered as to their use by the public.  Public
       opinion can become adverse when favorite boating and swimming areas are fouled, private
       and public beach fronts are oiled, or private and public services are affected. For example,
       oil in cooling or process water intakes may reduce or totally close an  industry.   Further
       contaminated domestic and agricultural freshwater supplies may temporarily reduce services
       in water consumption.

PROBLEMS WITH SHORELINES CLEANUP

Shoreline cleanup is certainly one of the most visible activities which will invite the press, private
citizens, and volunteers to the cleanup site.  When these people arrive at the site, company personnel
should be assigned to direct the press to designated public relations personnel and property owners
with complaints to a claims person.  Volunteers can be told that their help is not required or can be
directed to  the Coast Guard,  EPA, or other government agency.  Public relations and claims are
covered in  a  later section.  There is nothing wrong with sightseers watching cleanup operations as
long as neither they nor their cars get in the way.

Often, operations must be  conducted in confined areas where movement is severely restricted.  In
these cases  one or more persons are necessary to direct the traffic of the trucks entering and leaving
the shoreline. It is best to have a uniformed officer present to direct traffic where it enters the main
road.  This person can handle traffic as well as small incidents that may arise between citizens  and
the company. Off-duty policemen, sheriffs deputies, and constables are usually available for hire.
They are trained to handle  traffic, know how to handle confrontations, will  place the  cleanup
operations in good stead with the police force, and will usually work for reasonable wages.

METHODS TO LIMIT SHORELINE DAMAGE

Under ideal conditions, there will be enough time between notification of an oil spill and its reaching
the shoreline to take some measures  to protect the beaches.  Providing the wave action is not
excessive, properly placed booms, angled away  from the shoreline, will prevent oil from reaching
areas that will be difficult  and expensive to clean up (FIGURE 11).  Booms can be commercially
or "home"  made  such as logs, boards, or metal sheeting.   Booms angled toward the shoreline can
divert oil to a specific area for recovery (FIGURE 12).  Small points, inlets  and  sand bars can be
effective recovery areas.  Heavy equipment can be used to  build temporary dams to block off
marshes or swamps from rivers or lakes until the oil threat has passed (FIGURE 13).
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                                CURRENT
                           FIGURE 11
                     OIL DEFLECTION BOOMING
                            FIGURE 12
                     OIL COLLECTION BOOMING
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                                        FIGURE 13
                              OIL DEFLECTION DAMMING
Sorbents placed on the beach to sorb the oil as it comes in are useful for rivers or small lakes, but
not for open bodies of water subject to breaking waves.  For effective usage of sorbents in areas
subject to changing water levels, reservoir engineers,  soil scientists,  or local citizens should be
consulted to predict the optimum time for deployment.  Sorbent sheets and booms are superior to
loose sorbent, which tends to mix with the sand and silt and be carried out into the water, posing
recovery problems.  To be most effective, the sorbent should be laid along the low-water mark, and
as the water and oil move up the beach, the sorbent should be worked into the oil through natural
wave action or by mechanical means. Straw should not be used if other sorbents are available.  It
can be used on shore to limit oiling  or tied together into  a temporary  boom when other materials
cannot be secured quickly.

Spraying water on a beach will reduce the amount of oil that adheres to rocks or bulkheads. Water
soaked sand beaches will reduce the low penetration of low viscosity oil into pore spaces.  Continued
water spraying can wash oil  off sand, rock, or bulkheads.

Spraying collecting agents along the shore has been suggested as a method to prevent contamination1.
In the United States, collecting agents cannot be used until authorized by the government on-scene
coordinator and can be applied no more than four times every six hours over a 24-hour period.

A considerable research effort sponsored by the API is underway to develop new and more effective
methods  to protect beaches.  In addition to chemical collecting new methods include the use of oil-
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eating bacteria and chemical films that spread a coating on the sand and rocks to prevent oil from
adhering to the shoreline.  This work is still in the development stage.  Application of chemicals to
beaches for protection from oil is usually not permitted by the EPA in the United States. The EPA's
stringency regarding the use of dispersants stems from the toxicity of first generation dispersants and
their limited  effectiveness.  New second  generation dispersants have  been used successfully on
foreign beaches.  These water-soluble agents are much less toxic and more effective than their first
generation counterparts.  However, the EPA continues to  carefully  regulate their application.

BEACH RESTORATION

When oil reaches a shoreline and contaminates the surface, various cleanup methods can be used that
should be matched to  the limitation of the shore substrate.  These methods are:

        1.     Removal of oil with heavy equipment.
        2.     Removal of oil with manual scraping.
        3.     Evaporation of oil by tilling.
        4.     Water  flushing and oil collection.
        5.     Removal of oil with sorbents.

Many types of heavy equipment can be used on beaches2 (Appendices I  and II). For long expanses
of oiled, sandy beach, it is suggested that a motor grader be used in  combination with a self-loading
pan.  The first step of the procedure is to windrow the oiled  sand with the motor grader.  Most
graders  are fitted with narrow tires which will bog the machine down on a sandy beach.  This can
be solved by fitting the grader with large flotation tires. The pans will have flotation tires and should
have little trouble maneuvering on the beach.  If this becomes a problem, the pans can reduce the
volume  of sand carried per trip.

The motor grader-pan combination is considered to be the most efficient method to remove oiled
sand.    However,  standard  pans with pushers to  help load the material and front-end loaders
substituted for pans can also be used. Because the front-end loaders carry less material per trip than
pans, a much lower production rate will be achieved.  It is best to use rubber-tired front-end loaders
because track-mounted loaders are slow and inefficient.

Another type of heavy equipment is the beach cleaner (FIGURE 14). They are used on recreation
beaches to remove debris that comes ashore.  Oil, especially heavy  oil, on top of a shoreline can be
picked up.  Many beach cleaners are towed by tractor or front-end loader where a rotating blade or
drum with  blades scoops up surface material onto an inclined plane.  Inclined planes can be solid,
solid with small holes, or wire conveyor belts.  The latter two inclined planes allow loose sand to
fall back on the beach.  At the end of the conveyor is a container for holding the debris.

Heavy equipment can be used to remove most of the oily sand or rocks, but hand cleaning will be
necessary around rocks, jetties, and marinas.  For open beaches where heavy equipment cannot have
access,  it is suggested that oiled sand,  silt, and debris be raked and shoveled by laborers into piles
for pickup.  Piles can be removed by front-end loaders or by manual labor.  This technique removes
less sand or gravel than using heavy equipment. Be sure not to remove more sand than is necessary
and not to  destroy vegetation  bordering the beach.  Accept slightly oiled spots around  vegetation,
boulders, and imbedded rocks.
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Number 2 fuel oil poses a special problem to beaches because it penetrates deeply and quickly.  This
condition is best handled by exposing as much contaminated beach sand as possible to the sun and
wind to speed evaporation.  The oiled sand can be exposed with motor graders or by plowing.  After
oil removal, sites can be tilled to mix any unrecovered oil into the beach to increase bu>degradation.

Techniques used on gravel, cobbles, or shingle beaches are few.  Due to the large pore spaces in the
beaches, medium to light oils can penetrate below the surface which hinders cleanup operations.
Most heavy equipment and draglines remove massive amounts of beach material.
          Movin" Teeth
                         TRACTOR POWER
                         TAKE OFF
                          inclined Blade
                                      TRACTOR POWER
                                      TAKE OFF
        SCREENING MESH
               Drum
                                   LATERAL CONVEYOR
                                       FIGURE 14
                      BEACH CLEANER WORKING PRINCIPLES3
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37

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Water flushing can float oil out of the beach or can drive oil deeper into the beach.  Water flushing
has been used on mud,  sand, gravel, cobbles, and shingle beaches. It is used to remove non-sticky
oils.  Generally,  large amounts  of low-pressure water are  sprayed on the  highest elevation of
contaminated beach to wash oil into containment devices.  A series of low pressure hoses, perforated
pipe, or irrigation systems can be used to apply water. Berms can be built on the shore to channel
the oil to a collection sump (FIGURE 15) or booms can be placed  just off shore. Skimmers or
vacuum trucks can remove oil from the sumps. Test flushing should determine the suitability of this
technique before large scale use.
                                       FIGURE 15
                              LOW PRESSURE FLUSHING5
Sorbents are useful at removing thick pockets of non-sticky oil.  They can also remove thin sheens
of oil after water flushing.  Large scale use of sorbents will require sorbents, manpower and disposal
in massive quantities.

OIL REMOVAL FROM ROCKS AND BULKHEADS

Shoreline restoration often includes the removal of oil from rocks and bulkheads using high pressure
water sprays or steam cleaning.  High pressure sprays used for this purpose can produce working
pressures as high  as  10,000 psi and therefore require the operator to  wear heavy work clothes,
gloves, hard hat, and eye protectors.  This is necessary because pieces of rock and oil can ricochet
 6/92
38

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back to the operator. Protective clothing is also used in steam cleaning to protect the operator from
the steam and hot water. The processes are slow and expensive; a skimmer crew must follow behind
the rock  cleaning  crew and  a boom  should be placed  around the working  area to prevent
recontamination of the  cleaned area.

MARSH RESTORATION

The difficulty in marsh cleanup and restoration arises from its susceptibility to change  from various
factors.  A change  in  water level, water drainage, burning, insect blights,  and  oil spill cleaning
activities can trigger a marsh community change that can result in gradual or massive plant die-offs
and subsequent changes.

Furthermore, the effects of marsh cleaning activities will vary with plant species4. Generally, annual
marsh plants are affected more than perennial marsh plants. The effects from cleanup activities vary
with the technique5'6.

Some marsh cleaning techniques are manual or mechanical cutting of plants, use of sorbents,  water
flushing with skimming, burning, soil removal and natural recovery.  In some cases a combination
of techniques is used.  Cutting plants to remove oil has been successful after some spills.  Although
most  marsh plants  can withstand massive foliage loss from insects or cutting,  marsh  roots and
rhizomes can be severely damaged by foot or vehicular traffic.   Loss of plants  can  increase soil
erosion and upset the entire marsh community.  Some mechanical harvesters have been modified for
marsh cutting and manual cutting from atop boats and plywood sheeting will minimize  impact.  Soil
disturbance when foot traffic  is used for sorbent recovery causes oil to penetrate into  footprints
(sometimes leg prints).  In some  cases, this problem  has been diminished by  water  flooding and
skimming. Pumping water to an enclosed marsh and floating the oil to  a recovery  site does not
require foot traffic.  However, care should be taken to applying water so that channels are not dug
at pump discharge sites.  Natural or mineral sorbents may be added at the pumpsite.  Sorbents may
be collected in screens from behind barriers.  Care should be taken to return the  site  to its normal
water level.

Another alternative  is burning. Some marsh grasses are intolerant of burning. Additional problems
can arise if the heat of combustion creates more harmful  chemicals than the  original oil.  Another
consideration is that even though marsh grasses may die, an increase in open  water in a once  dense
marsh will provide more areas for  ducks,  herons, or blackbirds.  Local  authorities should be
consulted  about the  effects of burning on the marsh and nearby human communities.

Cases of soil erosion upon soil removal in  marshes are  many.   Making channels for "easy" oil
removal have changed water flow patterns which in turn have changed marsh  plant dominance or
eliminated marsh plants altogether. This technique is sometimes used for marsh drainage operations.
Consult local authorities before removing soil from a marsh.

Small quantities of oil may produce fewer harmful effects than cleanup techniques.  For large spills,
removing  most of the oil and naturally degrading the remaining oil may be a good choice.
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SHORELINE REVEGETATION

Revegetation of shorelines will most likely be marshes or mangroves. Many techniques are currently
being developed7.  Some studies are using artificially grown plants and transplanting them into a
marsh by tieing the roots to  16-penny nails and sinking the nails into the marsh. Others are hand
planting grasses or mangroves or seeds, juvenile plants or adult plants.  In transplanting intolerant
marsh or mangrove species,  some success has been demonstrated using seeds or plants from areas
that have survived previous oil spills.

TERMINATION OF CLEANUP

The decision to end cleanup activities and allow natural degradation of remaining oil must be made
on a case-by-case basis.  Generally, shoreline cleanup will terminate when fresh oil contamination
is  no longer occurring and the remaining oil is immobilized  and not a threat to other areas.
However, other factors that should be considered are:

        1.     when  environmental damage from cleanup operations is greater than environmental
              damage from leaving oil in place,
        2.     when  the local environmental expert or OSC  agrees to a halt of cleanup activities,
        3.     when  cleanup costs increase significantly while oil removal decreases significantly,
              and
        4.     when  occasional oil spots remain.

OAKLAND ESTUARY SPILL CLEANUP

During the Oakland Estuary spill, as with most spills, there were many tons of oily debris to remove
from the water.  Around dock areas debris was contained with booms while cranes with clamshell
buckets were used to dip debris from  the water.  In  all some  1400 cubic yards  of debris were
recovered and had to be transported from the area. This type of operation calls for many dump
trucks making continuous circuits for more debris.  Since the equipment is rented by the hour, care
should be taken to be certain that there is a proper balance between the number of trucks and loading
equipment.  One cannot afford to have trucks waiting for the crane or cranes waiting for trucks.  It
is best to station a person at the loading site to spot the trucks and keep them moving.  This may be
a good position for an off-duty police officer if highway or city traffic is involved.

At the Oakland spill,  two Corps of Engineers trash removal boats were placed in service to help with
debris removal.  A 1500 cubic yard trash barge was anchored in the area to receive the debris picked
up by clamshell buckets.  In  areas  which  were difficult to reach with a clamshell, small boats
carrying laborers cleaned up pockets of oil and debris.  This method was particularly useful under
piers and dwellings that extended over the water.

After the Oakland Estuary spill was cleaned up, local observers noted that the estuary was cleaner
than it had been for many years because of the massive removal of debris. This was also noted at
the Paulsboro, New Jersey spill. At the Paulsboro spill, however, it was necessary to bring in new
sand to replace a stretch of beach in front of a number of residences. Sand replacement is extremely
costly and should be  avoided by removing only as much sand as necessary when cleaning the beach.
If sand must be replaced, it becomes a typical heavy  construction project best handled through a
contractor.
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The depth of sand along a beach subject to waves, tidal action and seasonal high water stages, such
as along a river, will not be constant throughout the  year.  This  is particularly true for coastal
beaches that tend  to  erode  during  winter  storms and redeposit during  summer  storms.   This
phenomenon can work to the advantage of  the cleanup crew if the spill occurs during high sand
levels, but will be a disadvantage when sand levels are low.  One may be expected to haul in sand
after cleanup has been completed when the normal sand level is low.

OIL REMOVAL FROM ROCKS AND BULKHEADS

Shoreline restoration often includes the removal of oil from rocks and bulkheads using high pressure
water sprays. Sprays used for this purpose can produce working pressures as high as 10,000 psi and
therefore require the operator to wear heavy work clothes, gloves, hard hat, and eye protectors.
This is necessary because pieces of rock and oil ricochet back to the operator.  The process is slow
and expensive; a skimmer  crew must follow behind the rock cleaning  crew and a boom should be
placed around the  working  area to  prevent recontamination of the  cleaned area.   EXXON
recommends that dispersants  be used to aid oil  removal from solid objects.  The procedure  involves
spraying a concentrated oil-based  detergent  directly on the oiled  surface just prior to cleaning and
using a three percent addition of a water-based dispersant with the  high pressure spray.   This
technique was used by EXXON  at the Tampa Bay spill on seawalls  oiled with No. 6 oil. This was
done prior to the recent legislation on oil spill cleanup and was approved by the State of Florida on-
scene coordinator.  Before  using this method, one must obtain  permission from the on-scene
coordinator.

HANDLING RECOVERED OIL

       Pumps

       Choosing a pump to transfer oil should  be carefully considered. Some pumps may emulsify
       the oil and water picked up  while other pumps may  not work well against  a strong back
       pressure.  A general  description of pump types is:

       Centrifugal Pumps

              •      Can pump at very high  rates.
              •      Simple, rugged, inexpensive and easy to repair.
              •      Best suited  for pumping water or low viscosity oil.
              •      Will emulsify oil and water if pumped together.
              •      Sensitive to debris, especially  stringy material.
              •      Cannot pump against high back pressure.

       Diaphragm Pumps

              •      Simple, one moving part construction.
              •      Handles thick slurries and debris without stalling.
              •      Lends itself to ultra-safe, compressed air operation.
              •      Moderate tendency to emulsify oil and water.
              •      Cannot pump against high back pressure.
              •      Gives  pulsating flow  - undesirable for weir skimmers.


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       Positive Displacement
                    Handles extremely high viscosity slurries or emulsions.
                    Can pump against extremely high back pressure.
                    Can pass debris up to two inches in diameter or more.
                    Only slight tendency to emulsify oil and water.
                    Generally more difficult to repair in the field than other type
                    pumps.
                    More  expensive  than centrifugal  or diaphragm of  equal
                    capacity.
       Vacuum Systems

              •      Extremely gentle treatment of the fluids handled.
              •      Handles all  kinds of debris up to several inches in diameter
                     and several  pounds in weight.
              •      Can pick up "chocolate mousse" in thick or thin layers from
                     water or land surfaces.
              •      Cannot lift a water column more than 30 feet.
              •      Vacuum pump is usually large and expensive.
              •      Usually requires a large integral storage vessel to contain the
                     picked up liquid.

Storage - See Containment/Debris  Disposal

SUMMARY

Shoreline restoration and protection are usually the most expensive cleanup operations, the most
time-consuming, and often cause the most problems.  Designated public relations personnel should
be assigned the job of handling sightseers, the press and volunteers. Booms, sorbents and berms will
limit damage to the shore, but some oiling may take place.  It is  important to maximize the use of
earthmoving equipment and minimize hand labor. Modern dispersants or collecting agents have been
used effectively outside the U.S. but are not normally approved for use in this country.  Research
is presently underway through the  API directed toward improved beach protection.

REFERENCES

Concawe, 1980, Disposal techniques for spilt oil. Concawe  Report No. 9180. The Hague,  51 pp.

Foget, C.,  Schrier, E., Cramer, M. and Castle, R., 1979,  Manual of Practice for Protection and
Cleanup of Shorelines: Volume I  and II. U.S. Environmental Protection Agency, EPA-60017-79-
187b, 283 pp.

Lewis,  J.C. and Bunce, E.W. (editors), 1980.  Rehabilitation and creation of selected  coastal
habitats: Proceedings of a workshop. U.S. Fish and Wildlife Service, FWS/OBS-80/27, 162 pp.
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                            APPENDIX I




                  SHORELINE CLEANUP TECHNIQUES
Cleanup
Technique
Description
Primary Use of Cleanup
Technique
Technique
Requirements
1 . Motor grader/
elevating
scraper
2. Elevating
scraper
3. Motor grader/
front-end loader
4. Front-end
loader - rubber
tired or tracked
5. Bulldozer/
rubber-tired
front-end loader
6. Backhoe
7. Dragline or
clamshell
8. High pressure
flushing (hydro-
blasting)
Motor grader forms
windrows for pickup by
elevating scraper.
Elevating scraper picks
up contaminated material
directly off beach.
Motor grader forms
windrows for pickup by
front-end loader.
Front-end loader picks
up materials directly off
beach and hauls it to
unloading area.
Bulldozer pushes
contaminated substrate
into piles for pickup by
front-end loader.
Operates from top of a
bank or beach to remove
contaminated sediments
and loads into trucks.
Operates from top of
contaminated area to
remove oiled sediments.
High pressure water
streams remove oil from
substrate where it is
channeled to recovery
area.
Used primarily on sand and gravel beaches
where oil penetration is 0 to 3 cm, and
trafficability of beach is good. Can also be
used on mudflats.
Used on sand and gravel beaches where oil
penetration is 0 to 3 cm. Can also be used to
remove tar balls or flat patties from the
surface of a beach.
Used on gravel and sand beaches where oil
penetration is less than 2 to 3 cm. This
method is slower than using a motor grader
and elevating scraper but can be used when
elevating scrapers are not available. Can also
be used on mudflats.
Used on mud, sand or gravel beaches when oil
penetration is moderate and oil contamination
is light to moderate. Rubber-tired front-end
loaders are preferred because they are faster
and minimize the disturbance of the surface.
Front-end loaders are the preferred choice for
removing cobble sediments. If rubber-tired
loader cannot operate, tracked loaders are the
next choice. Can also be used to remove
extensively oil-contaminated vegetation.
Used on coarse sand, gravel or cobble beaches
where oil penetration is deep, oil penetration
is deep, oil contamination extensive and
trafficability of the beach is poor. Can also be
used to remove heavily oil contaminated
vegetation .
Used to remove oil contaminated sediment
(primarily mud or silt) on steep banks.
Used on sand, gravel or cobble beaches where
trafficability is very poor (i.e., tracked
equipment cannot operate) and oil
contamination is extensive.
Used to remove oil coatings from boulders,
rock and manmade structures; preferred
method of removing oil from these surfaces.
Good Trafficability.
Heavy equipment
access.
Fair to good
trafficability. Heavy
equipment access.
Fair to good
trafficability. Heavy
equipment access.
Fair to good
trafficability for
rubber-tire loader.
Heavy equipment
access.
Heavy equipment
access. Fair to good
trafficability for
front-end loader.
Heavy equipment
access. Stable
substrate at top of
bank.
Heavy equipment
access to operating
area. Equipment
reach covers
contaminated area.
Light vehicular
access. Recovery
equipment.
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                           APPENDIX I
                 SHORELINE CLEANUP TECHNIQUES
Cleanup
Technique
Description
Primary Use of Cleanup
Technique
Technique
Requirements
9. Steam cleaning
10. Sand-blasting
1 1 . Manual
scraping
12. Sump and
pump/vacuum
13. Manual removal
of oiled
materials
14. Low pressure
flushing
15. Beach cleaner
16. Manual sorbent
application
17. Manual cutting
18. Burning
Steam removes oil from
substrate where it is
channeled to recovery
area.
Sand moving at high
velocity removes oil
from substrate.
Oil is scraped from
substrate manually using
hand tools.
Oil collects in sump as it
moves down the beach
and is removed by pump
or vacuum truck.
Oiled sediments and
debris are removed by
hand, shovels, rakes,
wheelbarrows, etc.
Low pressure water
spray flushes oil from
substrate where it is
channeled to recovery
points.
Pulled by tractor or self-
propelled across beach,
picking up tar balls or
patties.
Sorbents are applied
manually to contaminated
areas to soak up oil.
Oiled vegetation is cut by
hand, collected and
stuffed into bags or
containers for disposal.
Upwind end of
contaminated area is
ignited and allowed to
burn to down-wind end.
Used to remove oil coatings from boulders,
rocks and manmade structures.
Used to remove thin accumulations of oil
residue from manmade structures.
Used to remove oil from lightly contaminated
boulders, rocks and manmade structures or
heavy oil accumulation when other techniques
are not allowed.
Used on firm sand or mud beaches in the
event of continuing oil contamination where
sufficient long-shore currents exist and on
streams and rivers in conjunction with
diversion booming.
Used on mud, sand, gravel and cobble
beaches when oil contamination is light or
sporadic and oil penetration is slight or on
beaches where access for heavy equipment is
not available.
Used to flush light oils that are not sticky
from lightly contaminated mud substrates,
cobbles, boulders, rocks, manmade structures
and vegetation.
Used on sand or gravel beaches, lightly
contaminated with oil in the form of hard
patties or tar balls.
Used to remove pools of light, non-sticky oil
from mud, boulders, rocks and manmade
structures.
Used on oil contaminated vegetation.
Used on any substrate or vegetation where
sufficient oil has collected to sustain ignition;
if oil is a type that will support ignition and
air pollution regulations so allow.
Light vehicular
access. Recovery
equipment. Fresh
water supply.
Light vehicular
access. Oil must be
semi-solid. Supply
of clean sand.
Foot access.
Scraping tools and
disposal containers.
Heavy equipment
access. A long-
shore current
present.
Foot or light
vehicular access.
Light vehicular
access. Recovery
equipment.
Moderate to heavy
vehicular access.
Good trafficability.
Foot or boat access.
Disposal containers
for sorbents.
Foot or boat access.
Cutting tools.
Light vehicular or
boat access. Fire
control equipment.
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                            APPENDIX I
                  SHORELINE CLEANUP TECHNIQUES
Cleanup
Technique
Description
Primary Use of Cleanup
Technique
Technique
Requirements
19. Vacuum trucks
20. Push
contaminated
substrate into
surf
21. Breaking up
pavement
22. Disc into sub-
strate
23. Natural
recovery
Truck is backed up to oil
pool or recovery site
where oil is picked up
via the vacuum hose.
Bulldozer pushes
contaminated substrate
into surf zone to
accelerate natural
cleaning.
Tractor fitted with a
ripper is operated up and
down beach.
Tractor pulls discing
equipment along
contaminated area.
No action taken. Oil left
to degrade naturally.
Used to pick up oil on shorelines where pools
of oil have formed in natural depressions, or
in the absence of skimming equipment to
recovery floating oil from the water surface.
Used on contaminated cobble and lightly
contaminated gravel beaches where removal of
sediments may cause erosion of the beach or
backshore area.
Used on low amenity cobble, gravel or sand
beaches or beaches where substrate removal
will cause erosion where thick layers of oil
have created a pavement on the beach surface.
Used on nonrecreational sand or gravel
beaches that are lightly contaminated.
Used for oil contamination on high energy
beaches (primarily cobble, boulder and rock)
where wave action will remove most oil
contamination in a short period of time.
Heavy equipment
access. Large
enough pools on
land or thick enough
oil on water for
technique to be
effective.
Heavy equipment
access. High energy
shoreline.
Heavy equipment
access. High energy
shoreline.
Heavy equipment
access. Fair to good
trafficability. High
energy environment.
Exposed high energy
environment.
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                           APPENDIX II
           IMPACTS ASSOCIATED WITH CLEANUP TECHNIQUES
Cleanup
Technique
Description
Physical Effect of Use
Biological Effect of Use
1 . Motor
grader/
elevating
2. Elevating
scraper
3 . Motor
grader
4. Front-end
loader -
rubber-tired
or tracked
5. Bulldozer/
rubber-tired
front-end
loader
6. Backhoc
7. Dragline or
clamshell
8. High-
pressure
flushing
(hydro-
blasting)
Motor grader forms
windrows for pickup by
elevating scraper.
Elevating scraper picks
up contaminated material
directly off beach.
Motor grader forms
windrows for pickup by
front-end loader.
Front-end loader picks
up material directly off
beach and hauls it to
unloading area.
Bulldozer pushes
contaminated substrate
into piles for pickup by
front-end loader.
Operates from top of a
bank or beach to remove
contaminated sediments
and loads into trucks.
Operates from top of
contaminated area to
remove oiled sediments.
High pressure water
streams remove oil from
substrate; oil is
channeled to recovery
area.
Removes only upper 3 cm of
beach.
Removes upper 3 to 10 cm of
beach. Minor reduction of
beach stability. Erosion and
beach retreat.
Removes only upper 3 cm of
beach.
Removes 10 to 25 cm of beach.
Reduction of beach stability.
Erosion and beach retreat.
Removes 15 to 50 cm of beach.
Loss of beach stability. Severe
erosion and cliff or beach
retreat. Inundation of back-
shores.
Removes 25 to 50 cm of beach
or bank. Severe reduction of
beach stability and beach
retreat.
Removes 25 to 50 cm of beach.
Severe reduction of beach
stability. Erosion and beach
retreat.
Can disturb surface of substrate.
Removes shallow burrowing
Polychaetes, bivalves and
amphipods. Recolonization likely
to rapidly follow natural
replenishment of the substrate.
Removes shallow and deeper
burrowing polychaetes, bivalves
and amphipods. Restabilization of
substrate; reestablishment of long-
lived indigenous fauna may take
several years.
Removes shallow burrowing
polychaetes, bivalves and
amphipods. Recolonization likely
to rapidly follow natural
replenishment of the substrate.
Removes almost all shallow and
deep burrowing organisms.
Restabilization of the physical
environment slow; new faunal
community could develop.
Removes all organisms.
Restabilization of substrate and
repopulation of indigenous fauna is
extremely slow; new faunal
community could develop in the
interim.
Removes all organisms.
Restabilization of substrate and
repopulation of organisms is
extremely slow; new faunal
community could develop in the
interim.
Removes all organisms.
Restabilization of substrate and
repopulation of indigenous fauna is
extremely slow; new faunal
community could develop in the
interim.
Removes some organisms and
shells from the substrate, damage
to remaining organisms variable.
Oil not recovered can be toxic to
organisms downslope of cleanup
activities.
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                           APPENDIX II
          IMPACTS ASSOCIATED WITH CLEANUP TECHNIQUES
Cleanup
Technique
Description
Physical Effect of Use
Biological Effect of Use
9. Steam
cleaning
10. Sand-
blasting
1 1 . Manual
scraping
12. Sump and
pump/vacuu
m
13. Manual
removal of
oiled
materials
14. Low-
pressure
flushing
15. Beach
cleaner
16. Manual
sorbent
application
Steam removes oil from
substrate where it is
channeled to recovery
area.
Sand moving at high
velocity removes oil
from substrate.
Oil is scraped from
substrate manually using
hand tools.
Oil collects in sump as it
moves down the beach
and is removed by pump
or vacuum truck.
Oiled sediments and
debris are removed by
hand, shovels, rakes,
wheelbarrows, etc.
Low-pressure water
spray flushes oil from
substrate and is
channeled to recovery
points.
Pulled by tractor or self-
propelled across beach
picking up tar balls or
patties.
Sorbents are applied
manually to contaminated
areas to soak up oil.
Adds heat (> 100°C) to
surface.
Adds material to the
environment. Potential
recontamination, erosion and
deeper penetration into
substrate.
Selective removal of material.
Labor-intensive activity can
disturb sediments.
Requires excavation of a sump
60 to 120 cm deep on shoreline.
Some oil will probably remain
on beach.
Removes 3 cm or less of beach.
Selective. Sediment disturbance
and erosion potential.
Does not disturb surface to any
great extent. Potential for
recontam ination .
Disturbs upper 5 to 10 cm of
beach.
Selective removal of material.
Labor intensive activity can
disturb sediments.
Removes some organisms from
substrate but mortality due to the
heat is more likely. Empty shells
remaining may enhance
repopulation. Oil not recovered
can be toxic to organisms
downslope of cleanup activities.
Removes all organisms and shells
from the substrate. Oil not
recovered can be toxic to
organisms downslope of cleanup
activities.
Removes some organisms from the
substrate, crushes others. Oil not
removed or recovered can be toxic
to organisms repopulating the
rocky substrate or inhabiting
sediment downslope of cleanup
activities.
Removes organisms at sump
location. Potentially toxic effects
from oil left on the shoreline.
Recovery depends on persistence
of oil at the sump.
Removes and disturbs shallow
burrowing organisms. Rapid
recovery.
Leaves most organisms alive and
in place. Oil not recovered can be
toxic to organisms downslope of
cleanup.
Disturbs shallow burrowing
organisms.
Foot traffic may crush organisms.
Possible ingestion of sorbents by
birds and small mammals.
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                           APPENDIX II
           IMPACTS ASSOCIATED WITH CLEANUP TECHNIQUES
Cleanup
Technique
Description
Physical Effect of Use
Biological Effect of Use
17. Manual
cutting
18. Burning
19. Vacuum
trucks
20. Push
contaminate
d substrate
into surf
21. Breakup
pavement
22. Disc into
substrate
23. Natural
recovery
Oiled vegetation is cut by
hand, collected and
stuffed into bags or
containers for disposal.
Upwind end of
contaminated area is
ignited and allowed to
burn to down-wind.
Truck is backed up to oil
pool or recovery site
where oil is picked up
via vacuum hose.
Bulldozer pushes
contaminated substrate
into surf zone to
accelerate natural
cleaning.
Tractor fitted with a
ripper is operated up and
down beach.
Tractor pulls discing
equipment along
contaminated area.
No action taken. Oil left
to degrade naturally.
Disturbs sediments because of
extensive use of labor; can
cause erosion.
Causes heavy air pollution; adds
heat to substrate, can cause
erosion if root system damaged.
Some oil may be left on shore-
line or in water.
Disruption of top layer of
substrate; leaves some oil in
intertidal area. Potential
recontamination.
Disruption of sediments.
Leaves oil on beach.
Leaves oil buried in sand.
Disrupts surface layer of
substrate.
Some oil may remain on beach
and could contaminate clean
areas.
Removes and crushes some
organisms. Rapid recovery.
Heavy foot traffic can cause root
damage and subsequent slow
recovery.
Kills surface organisms caught in
burn area. Residual matter may
be somewhat toxic (heavy metals).
Removes some organisms.
Potential for longer-term toxic
effects associated with oil left on
the shoreline. Recovery depends
on persistence of oil left in the
pools.
Kills most of the organisms
inhabiting the uncontaminated
substrate. Recovery of organisms
usually more rapid than with
removing substrate.
Disturbs shallow and deep
burrowing organisms.
Disturbs shallow burrowing
organisms. Possible toxic effects
from buried oil.
Potential toxic effects and
smothering by the oil. Potential
incorporation of oil into the food
web. Potential elimination of
habitat if organisms will not settle
on residual oil.
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                                     SECTION 6

                            PREVENTING OIL SPILLS
THE VALUE OF SPILL PREVENTION

This section stresses the importance of avoiding oil spills in the environment through a conscientious
program of spill prevention.  Prevention measures are always worth the money because of the
staggering costs for oil spill cleanup. As an example, the cost of the Oakland Estuary spill came to
$1.2 million or about $300 per barrel.  Additional costs such as loss of property and bad publicity
occur that are not easily measured in dollars.
A SYSTEMATIC APPROACH

It is helpful  to follow a systematic  approach to  effectively prevent oil spills.   The  following
procedure is recommended:

       1.     review oil spill statistics, with emphasis on spills originating under similar operations
              to those under study;

       2.     analyze the causes of the incidents;

       3.     based on this  analysis, inspect the facility for potential spill situations;

       4.     develop a priority  ranking for potential spill sites  based  on the likelihood of
              occurrence, volume of oil involved,  frequency  of transfers and  effect on the
              environment;

       5.     initiate action to reduce the probability of these incidents in order of their priority.
PRINCIPLE CAUSES ON LAND

       Natural Forces

       Natural forces often cause oil  spills.   Heavy rains  can  cause drip pans to overflow, and
       hurricanes may cause spills at offshore wells, around dock areas and at refineries.  There is
       no way to prevent natural catastrophes, but there  are ways to decrease effects, such as
       closing valves, tying down drums and other loose objects, filling tanks with water, raising
       dikes, shutting in wells and evacuating unneeded personnel.
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       Excluding acts of God, the  majority of oil spill incidents are caused by human error or
       equipment failure.

       Human Error

       Operating procedures should be reviewed on a regular basis to ensure that they reflect current
       requirements.  Operation training programs should be reviewed to ensure that personnel are
       receiving adequate instruction on equipment  and procedures.  Employee awareness  and
       motivation  programs should be  instituted to  convince the employee of the  necessity of
       preventing oil spills.  The concern demonstrated by management is a critical aspect of such
       a program (for example, fixing minor leaks, acting promptly on suggestions and insisting on
       good housekeeping).

       Equipment Failure

       Proper equipment must be used for each job.   For example, flexible hose with the correct
       pressure rating should always be used.  Equipment must be kept in  good condition through
       adequate maintenance and inspection programs.
THE SPCC PROGRAM

A federal  program designed to help prevent  oil spills  in  the  Spill Prevention  Control  and
Countermeasure (SPCC) program administered by the Environmental Protection  Agency  (EPA).
SPCC plans are required to be available at all facilities large enough to require them.  A copy of the
SPCC rules and regulations is included in the front pocket of the binder (Federal Register Vol. 38,
Number 237, Part II).

The SPCC program covers "non-transportation related onshore and offshore facilities" which includes
facilities  engaged in  drilling, producing, gathering,  storing,  processing,  refining,  transferring,
distributing or  consuming  oil and oil products.   A facility is under SPCC regulation if it has
discharged or could discharge oil to navigable waters.  The rules do not cover small facilities with
aboveground storage capacity of less than 32 barrels or facilities that do not have single containers
with a capacity  greater than 16 barrels. A SPCC plan is required for underground  storage facilities
having total capacities  in excess of 1000 barrels.

       General Prevention Measures

       An example of the  spill prevention measures outlined in SPCC rules and regulations is the
       requirement of drainage valves at diked storage  areas.  The purpose  of  the valves is  to
       prevent oil from entering the storm drainage system. The valves must be installed unless the
       storm drainage system is designed to handle leakage.  Before storm water can be released
       to a water  course it must be inspected to be certain that  free oil  is not  present.  Dikes
       constructed around oil storage tanks must be impervious to oil and  capable of holding the
       entire contents of the largest single tank plus storm water.  An alternative to dikes is an oil-
       holding moat constructed around tanks.  This system requires pumps to keep the moats dry
       and ready for a spill.


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       High level alarms on tanks should be installed.  Fail-proof communication systems should
       be provided between the tank gauges and pumping state operations.  Installation and regular
       testing of liquid level indicators on storage tanks is a must.  Portable oil storage tanks would
       be positioned to prevent any spilled oil from reaching navigable waters.

       Leaks

       Properly maintained tanks in tank farms will not leak.  Dikes should eliminate the immediate
       problem in the event of a leak and water can be pumped into the bottom of the tank to
       prevent problems from becoming worse as the product is removed by swing lines. However,
       with small  leaks,  especially in  the tank bottom,  other measures  need to be taken.  One
       method that has been  used in  large,  old tank  farms utilizes  well  points to monitor the
       underground water table for oil contamination. If contamination is found, oil can be removed
       by direct pumping.

       An ever present source of oil spills in tank  farm  operation is tank overrun resulting from
       mechanical failure such as the malfunction of level alarms and recorders or more often from
       human error.  A prime example is when one tank is being filled from two  sources because
       a cross  connection valve is accidentally opened.  A second  example is  when a tank  is
       scheduled to accept a certain  number of barrels but, unknown to  the operator, the tank is
       already partially full  due to an earlier mistake in oil transfer.

       Pipelines transferring oil can product slow leaks at valves  and flanges, but periodic checks
       can  avert serious problems.  Despite the expense a conscientious program of replacing old
       oil lines with new ones should be considered.  Implementation of a continual replacement
       program on a long-term basis may prove to be economically wise.  Buried pipelines should
       be protected by wrapping, coating and by cathodic protection.  Pipelines that are out of
       service for any length of time should be  blind-flanged.

       Mechanical Failures

       A program of preventive maintenance can eliminate many mechanical failures.  Hose line
       should be properly  rigged  to prevent kinks in  the  line which  can cause the  hose to fail
       prematurely.  Valves should be checked  visually for leaks.  Valve-blocked hoses should be
       tested hydrostatically.  This is especially  critical for valves,  flanges and hoses used on the
       waterfront. Packing glands are a common source of leakage and should be checked visually.
       Gaskets  on working flanges should be replaced after each use.

       Loading Racks

       Workers must be careful when loading trucks with oil to prevent spillage. Racks should be
       constructed with concrete collector pads to recover spilled  products. Concrete aprons must
       be large  enough to  collect most spills.   The aprons  should  also  be  piped directly into
       separator facilities and  should be  large enough to handle storm runoff without washing out
       the oil collected in the separator.  Separators must be regularly attended by an operator.   A
       typical system is shown in FIGURE 1.
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                                      FIGURE 1
              OIL SPILL PREVENTION SYSTEM FOR LOADING RACKS
      Tank dikes should be routinely inspected to ensure against leakage in the event of a tank
      rupture.  Many dikes are not high enough to contain the entire contents, or they may have
      leaks from lack of maintenance.  Storm water  valves in dikes should be closed at all times
      as shown in FIGURE 2 except during supervised drainage. A program should be developed
      for each tank farm for rain conditions.  If the operator decides the water is contaminated,
      provisions should be made to prevent oil from reaching a body of water.
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                                        FIGURE 2
                          STORM WATER VALVES IN DIKES
       Onshore Production Facilities

       All oil and water transfer facilities should be examined for leaks on a routine basis.  This
       includes aboveground valves, pipelines, drip sand and rod stuffing boxes. Saltwater disposal
       facilities  should be examined frequently. Blowout preventer assemblies and  well control
       systems should be installed and in working order.

       Offshore Platforms

       Spills from platforms are not limited to production.   They  also include  small  spills that
       originate from platform drains and during the transfer of fuel oil used on the platform.  Like
       onshore production facilities, automatic  shutoff valves  that activate on pressure loss  or
       buildup should be provided.  It is also essential that automatic spill prevention equipment be
       checked for proper operation on a routine basis.  Since dikes are not practical, offshore tanks
       should be equipped with high level alarms.
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THE COAST GUARD SPILL PREVENTION PROGRAM

Much of the Coast Guard program is based on Public Law 92-500 (as amended) and covers vessels
and oil transfer facilities.  The Coast Guard rules and regulations are provided in the front pocket
of the binder.  They apply to facilities that transfer oil in bulk to or from any vessel with a capacity
of 250 or more barrels.  The regulations require that the owner or operator submit a letter of intent
to conduct transfer operations accompanied by an operations manual to the Coast Guard Captain of
the Port at least 60 days prior to operations.  The manual must describe the operation and methods
used for prevention and mitigation of oil spills.  If the manual is incomplete, the Captain of the Port
may  require that  it be amended to comply with the requirements of the  regulations.  Equipment
requirements such as:  hoses with minimum  bursting pressures, loading arms which meet the
requirements of the  American  National Standards Institute, adequate closure devices, discharge
containment equipment, emergency shutdown devices and adequate communications and lighting must
be met.

The Oil Pollution Act of 1961 requires that an  oil record book be carried and maintained by every
ship.  All operations  which involve oil are to be recorded in this book. Persons who fail to comply
with the provisions regarding the  oil book or who make false or misleading entries are subject to
fines and/or imprisonment.

Under the Ports and  Waterways Safety Act of 1972, the Coast Guard is responsible for preventing
damage to vessels, bridges and  other structures associated with the navigable waters of the United
States and also for preventing harm to waters resulting from vessel or structural damage.  The Coast
Guard has  the authority  to control  vessel traffic and to regulate operations  of vessels, including
movement of vessels, anchoring, equipment requirements and establishing waterfront safety zones.

Under Title II of the Ports and Waterways  Safety Act  of 1972,  the  Coast Guard  established
regulations  for ship design,  maintenance,  handling  and equipment carrying  oil  in bulk on the
navigable waters  of the United  States.   Ships must carry a certificate of inspection demonstrating
compliance  with  the  Act,  and  tanker personnel must hold certificates of qualification to handle
specific cargos.  Any vessel not in compliance with this law and the regulations may be denied entry
to navigable waters of the United  States.
OTHER SPILL PREVENTION CONSIDERATIONS

       Highway Accidents

       Personnel in charge of trucks and  trains  transporting oil products  should be  particularly
       careful of the danger of fire if a wreck occurs.  Oil-transporting vehicles are required to be
       properly labeled and drivers trained to react properly in case of an accident.  The driver
       should assist emergency personnel in helping  prevent oil carryover to bodies of water.
       Unless required for safety purposes, oil should not be washed into drainage systems.
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       Service Stations

       Service stations are another potential source of oil pollution. Underground storage tanks can
       leak due to corrosion, resulting in gasoline permeating the ground. The presence of gasoline
       in the  water table, a sewer or basement  can  be dangerous.   This  type  of leak  can be
       monitored by checking inventories  daily and by comparing gasoline tank gauges with pump
       readings.  Tanks should be pressure tested  on a routine basis.  This practice can indicate a
       leak, can tell which tank the gasoline is leaking from  and can approximate the amount of
       leakage. The company should investigate and repair leakages immediately to prevent ground
       saturation and possible explosions.

       Service stations should properly dispose of waste  oils,  greases and  solvents.  Oil filters
       should be drained completely before disposal. The company should make certain that proper
       disposal facilities are available and that employees understand the correct method of disposal.

       Pumps can be oil spill sources at filling stations.  If pumps are not cleaned regularly, oil can
       carry  over into storm drains which usually empty  into waterways.  If gasoline reaches a
       storm sewer system,  the fire department should  be called  immediately. Instances have been
       recorded where a mile or more of  storm drain exploded beneath  a town.

       Marketing Terminals

       Terminals have storage tanks, dikes, pipelines  and  loading racks and therefore have many
       of the potential oil  spill sources discussed previously. Most terminals are fenced for security
       purposes to prevent theft. However, a number of spills have been caused by vandals opening
       valves. Security precautions should include provisions for minimizing  vandalism by  locking
       valves where possible.

       Storm drainage facilities in tank farms should be blocked off in case of a spill to prevent
       products from leaving the property. Drains must be opened during storms for water release.
       This can present problems for the small terminal that does not have a 24-hour staff.  In such
       cases,  some personnel should be on call in the event of a  storm to release water from tanks.

       Electronic instruments have been developed to detect oil spills on water  surfaces. These units
       can be installed at separators and over open water along  docks.  They are sensitive enough
       to detect a sheen on water  and  can sound an alarm.  Although the  equipment is expensive,
       an early warning of a  spill  could result in cleanup  savings that  would pay for the  device.
       These  units  are particularly useful  at night  and  during times when few people  are available
       to notice a spill.

       Design Considerations

       Spill prevention practices should be a part of company engineering design criteria.  As in the
       case of pollution control devices, it is more economical to include  oil spill prevention systems
       in the  design of new facilities.  Design standardization promotes employee familiarity with
       the operation and maintenance of certain devices.  This should aid  in controlling spills.
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SUMMARY

Spills are expensive and should be prevented by initiating a rigorous prevention program.  Analysis
of oil spill statistics and incident reports can help locate areas needing attention.  Incidents caused
by  human error and  equipment  failure can be  reduced by  a critical evaluation  of operating
procedures, operations training, equipment inspection and maintenance programs, Mandatory SPCC
and Coast Guard prevention rules and regulations include many suggestions which will help operators
spot areas of concern.

There are special cases where vigilance is needed, including spills caused by highway accidents,
overflowing tanks and  pressure vessels, natural forces and vandalism.  For the future it is beneficial
to incorporate spill prevention practices into company design criteria.  If this is accomplished, spill
prevention devices will be built into all new facilities.
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                                      SECTION 7

                                        PARTI

                           RESPONSE ORGANIZATION
INTRODUCTION

The number of people needed to respond to an incident involving the release or potential release of
oil can vary greatly.  To successfully accomplish the primary response goal of protecting public
health and the environment, requires the coordinated, cooperative effort of these people.

Every incident is unique. The oil involved, it's impact on public health and the environment, and
the activities required to remedy the event are incident specific.  Each incident tends to establish its
own operational and organizational requirements. However, common to all incidents are planning,
organizational considerations, personnel, and the implementation of operations.
OIL SPILL CONTINGENCY PLANS

Many of the problems encountered by responders can be reduced  if an oil spill contingency plan
exists.  When an incident (involving oil or other kinds of man-made or natural disasters) occurs,
local government reacts. An organization, comprised of all who are available, will naturally evolve.
It's capability, however, to efficiently manage the situation may be severely restricted.  Expertise,
equipment, and  funds needed  to prevent or reduce the impact  of the event may not be readily
available. Necessary actions to ameliorate the situation may be delayed.

A contingency plan can lessen  many of the problems encountered in a response. However, even a
good plan cannot anticipate and address  all the circumstances created by a release of oil.  Even with
a plan, modifications may be needed  in the response organization to accommodate unforeseen
situations.  A well-written  plan acknowledges  that adaptations are necessary and  provides the
framework for doing so without impeding the progress of implementation.

A more effective response occurs when a contingency plan  exists.  In general, contingency plans
anticipate the myriad of problems faced by responders and through the planning process solves them.
An organization for responding is established, resources are identified, and prior arrangements made
for obtaining assistance.   A good plan minimizes the  delays frequently encountered in a no-plan
response permitting more prompt remedial actions.  It also reduces the risk to the health of both the
responders and public by establishing, in advance, procedures for protecting their  safety.  Without
a plan the ability to effectively manage the incident is diminished.  Time is wasted attempting to
define the problem,  get organized, locate resources,  and implement response activities.  These
organizational difficulties can cause delays in the response actions creating  additional problems that
prompt action would have avoided.  For oil spill contingency plans to be effective they must be:

       •      Well-written

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       •      Agreed upon by all involved

       •      Current

       •      Flexible

       •      Reviewed and Modified

       •      Tested
ORGANIZATION

The  responders  needed for an incident may range from a few to hundreds, representing many
government agencies and private industries. Functions and responsibilities of each responders group
differ.  These diverse elements must be organized into a cohesive unit capable of managing and
directing response activities toward a successful conclusion.

Relatively  few  well-trained  response  teams exist.   These teams,  generally  associated with
metropolitan  fire  services or  with industry,  are small  and may have limited capability or
responsibility. In an incident of any magnitude, where more personnel and resources are needed,
a team is assembled from the various responding government agencies or private contractors.  An
organization is then established  according to an existing contingency plan;  without a plan, an ad hoc
organization is created to manage that specific incident.

The  organization which is  established, by a contingency plan or ad hoc,  regardless of the number
of people or agencies involved, to function effectively must:

       •      Designate a leader

       •      Determine objectives

       •      Establish authority

       •      Develop policy and procedures


              ••     Assign responsibilities

              ••     Plan and direct operations

              ••     Manage  resources (money, equipment, and personnel)

              ••     Establish internal communications
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                                                            HELD
                                                           OFFICE*
                                          ENTRY
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                                      FIGURE 1
       EXAMPLE OF A POSSIBLE RESPONSE ORGANIZATION FLOWCHART
TABLE OF ORGANIZATION

In any incident, involving  more than a few responders, it is generally necessary to develop an
organization chart.  This chart depicts the organization's structure.  It links personnel or  functions,
defines lines of responsibility, and establishes internal communication channels.  To a large degree,
the form and complexity of the organization chart depends on the magnitude of the incident, the
activities needed, the number of people and  agencies involved,  and the project leader's mode of
operation.  The key requirements are:

       •     Establish a chain-of-command

       •     Assign responsibilities and functions

       •     Develop personnel requirements

       •     Establish internal communications
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PERSONNEL

To manage and direct the various operations, personnel or responding agencies must be assigned the
responsibility for certain activities. The positions, functions, and responsibilities listed here represent
personnel requirements for a major response effort.  They  should be tailored to fit a particular oil
spill incident.

       •      Project  Leader/On-Scene Coordinator/Incident Manager:   Has  clearly  defined
              authority and responsibility to manage and direct all response operations.

       •      Scientific Advisor: Directs and coordinates scientific studies, sample collection, field
              monitoring, analysis of samples, interpretation of results, and recommends remedial
              plans and/or actions.  Provides technical guidance to the project leader in those areas.

       •      Safety Officer:  Advises  the Project Leader on all matters related to the health  and
              safety of those  involved in site operations.   Establishes  and  directs the safety
              program.   Coordinates these activities with the Scientific Advisor.   The Safety
              Officer can halt operations if unsafe conditions exist.

       •      Field Leader:  Directs activities related to clean-up contractors and others involved
              in emergency and long-term restoration measures.

       •      Public Information Officer:  Disseminates information to news media and the public
              concerning site activities.

       •      Security Officer:   Manages general site  security.   Provides liaison with local  law
              enforcement, fire departments,  and  controls site access.

       •      Recordkeeper: Maintains official record of site activities.

       •      Operations Officer: Directs activities of team leaders.  Coordinates these operations
              with the Scientific Advisor and Safety Officer.

       •      Team Leaders: Manage  specific assigned tasks such as:

               ••     entry team(s)

               ••     decontamination

               ••     sampling

               ••     monitoring

               ••     equipment

               ••     photography

               ••     communications
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       •      Financial Officer:      Provides financial and contractual support.

       •      Logistics Officer:  Provides necessary equipment and other resources.

       •      Medical  Officer:   Provides  medical support.   Acts  as liaison  with medical
              community.



IMPLEMENTING RESPONSE OPERATIONS

The release or potential release of oil requires operations (or activities) that will eventually restore
the situation to normal, or as near as possible to pre-incident conditions.  Although each incident
establishes it's own operational requirements, there is a general sequence of events for all responses.
Planning and implementing a response involves, as a minimum, the following:

       •      Organize:  Select key  personnel. Establish an organization. Assign responsibilities.
              Modify as operations  proceed.  Institute emergency actions.

       •      Evaluate Situation:   Based on available information, make preliminary hazard
              evaluation.

       •      Develop Plan of Action:      Develop preliminary operations plan for gathering and
              disseminating   information,    taking    immediate   counter   measures   and
              emergency/remedial actions.  Re-evaluate the situation  as supplemental information
              becomes available.

              ••     Make Preliminary  Off-Site Survey.   Collect  additional  data to evaluate
                     situation  (monitor  direct-reading  instruments,   sample,   make  visual
                     observations).   Institute emergency actions  to protect public health and
                     environment.  Identify requirements for on-site reconnaissance.  Determine
                     Level of Protection, if necessary, for off-site personnel. Establish boundaries
                     for contaminated areas.

              ••     Make Initial On-Site Reconnaissance:  Collect data (monitor, sample, make
                     visual observations) to determine or verify hazardous conditions and make an
                     overall assessment of the incident.  Modify initial entry safety procedures as
                     more data is  obtained.  Determine Levels  of Protection for initial  entry
                     team(s)  and subsequent operations.  Plan and implement site control and
                     decontamination procedures.

       •      Modify Original Plan  of Action:  Modify or adapt original plan based on additional
              information obtained during initial entries. Revise immediate emergency measures.
              Plan long-term  actions including:

              ••     Additional monitoring and sampling.

              ••     Resource requirements


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              ••     Site safety plan

              ••     Clean-up and restoration measures

              ••     Legal implications and litigation

              ••     Site activity documentation
SUMMARY

To effectively prevent or reduce the impact of an oil spill incident on people or the environment, the
personnel responding must be organized into a structured operating unit - a response organization.
For the response organization to be effective it must be developed in advance, be tested and be an
integral part of an Oil Spill Contingency Plan.  To a large degree,  the success of the response is
dependent upon how well the response personnel are organized. The more organized, the more rapid
it (the organization) can begin to function.  However, an organization (specified in a contingency
plan or as an "ad hoc"  incident-specific group) is developed, it must be flexible enough to adapt to
the ever changing conditions created as the incident progresses.
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                                      SECTION 7

                                       PART II

                         REPORTING REQUIREMENTS
Spilling oil is illegal.  The quantity considered illegal by 40 CFR 110 is that amount that will cause
a sheen on the surface of water or cause a sludge or emulsion to be deposited beneath the surface
of the water or on adjoining shorelines.  The amount necessary to cause a sheen can be less than a
teacup full.

Another qualification is that the oil must be spilled in a location that could result in the oil reaching
navigable waters.  Navigable waters have been defined by federal courts as  "waters of the United
States" which means almost any watercourse, including intermittent dry creeks.

There are several federal laws concerning the discharge of oil, but Public Law 92-500, Section 311,
also known as the Federal Water Pollution Control Act Amendments of 1972, is probably the most
important and explains the rules for oil spill occurrences.
REPORTING SPILLS

When an oil spill occurs, the person in charge of a vessel or an onshore or an offshore facility must
immediately notify the National Response Center  1-800/424-8802.  The maximum fine for failing
to report a spill will be $250,000 for individual or $500,000 for an organization, and/or five years
in jail. The appropriate agency is the U.S. Coast Guard. For inland spills, the EPA should also be
notified.  Some states also require notification.  Determine if this is the case for your state and also
report to that agency. The EPA or U.S. Coast Guard on-scene coordinator should know what other
federal or state  agencies should be called.  But find out before you have a spill.

Even when a spill is properly reported, there can be a civil penalty assessed against the owner or
operator  of  up  to $25,000.   The Coast Guard has the authority to  compromise  the severity of
penalties. The penalties above are on the national level.  Many states may have additional penalties
that match or exceed federal penalties.  This is not considered double jeopardy because more than
one law  may have  been broken.   For all practical purposes, if an employee  follows company
procedure when a spill occurs, he personally should be protected from legal action.  However, if it
is clear than an employee has deliberately or maliciously spilled  oil,  legal action may be brought
directly against the employee.  The person may also be subject to company discipline.
FEDERAL GOVERNMENT INVOLVEMENT AFTER A SPILL

The federal government has overall responsibility to see that an oil spill is cleaned up properly. If
the spiller does not take steps to remove the oil to the satisfaction of the federal on-scene coordinator

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(OSC),  the federal government can take over the management of the spill and arrange for the
removal of the oil. All costs incurred after the federal OSC takes over will be submitted to the
spiller for reimbursement.   For this reason most companies prefer to handle their own cleanup
operations.

For most inland (onshore) spills, the federal OSC will be from the EPA. Exact boundaries between
the USCG and EPA responsibility for responding to spills have been established by memorandums
of agreement between these two agencies.  Any storer, transporter, or producer of oil should identify
these boundaries for local contingency plans.

Although the OSC means the federal official predesignated by the EPA or the USCG, a state official
may act as the OSC.  When he/she is acting pursuant to a contract or cooperative agreement with
the federal government.  Any potential spiller should also be aware that many other federal agencies
could be involved.  These  could include  the Army  Corps of Engineers, the Bureau of Land
Management,  the Mineral Management Service,  the Bureau of Indian Affairs, the  National  Park
Service, and the National Oceanographic and Atmospheric Administration (NOAA),  as well as
others.  Below the federal level will be state department of environment agencies, or commissions
that  have  state jurisdiction over oil spills.  Within their boundaries, state and local laws will be
discussed later.

For  onshore or offshore facilities that discharge oil, the limit of liability is $75,000,000. There is
no limit of liability where  the discharge  is proven  to  be  the result of willful  negligence or
misconduct.  Exceptions which remove the  owner or operator from liability include  an act of  God,
an act of war, negligence  on the part of the United States government, or an act or omission of a
third party.  If it appears that the spill falls under one of these exceptions, contact the company
supervisor immediately.

Owners and operators of vessels and facilities must comply with regulations for the removal of oil,
implementing local and regional contingency plans, procedures to prevent discharges and inspections
of vessels containing oil.  Those who do not comply with the regulations are liable to a civil penalty
of $10,000 per offense.
STATE AND LOCAL LAWS

State and local regulations must be followed in addition to the federal regulations regarding  oil
pollution, spills, and cleanup.  The more important state requirements will often be found in the
respective Regional or Local Pollution Contingency Plan.

In Texas, for example, the two state agencies involved in  discharges of oil are  the Texas Water
Quality Board and the Texas Railroad Commission.  Any oil spill in Texas must be reported to one
of these agencies.  The Texas Water Quality Board has developed regulations which require their
approval or the approval of the Texas Parks and Wildlife Department before oil cleanup chemicals
are used.

Most state laws now follow closely the same general policies, laws, and regulations found in the
federal statutes and  regulations.  However, there are occasions when state or local requirements


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differ or exceed federal laws.  The most notable example was when Florida passed legislation that
provided for unlimited liability for recovery of cleanup costs for oil spilled in Florida waters.  This
provision was challenged in American Waterways Operators vs Askew.  However,  the Supreme
Court upheld the Florida law.  Florida has recently amended the law, however, and presently has
the same limits on liability as the federal government.
OUTER CONTINENTAL SHELF REGULATIONS

The Outer Continental Shelf Lands Act (43 U.S.C. 1331 - 1343) gives the Department of Interior
the authority to regulate the exploring for, developing, removing, and transporting resources from
the Continental Shelf.  The Continental Shelf is considered to be that area beyond submerged lands
that are controlled by the  states under the Submerged Lands Act.  The Geological Survey is the
agency designated to require compliance with all applicable laws, lease terms, and regulations.

In general it is expected that operations on the outer continental shelf be conducted to protect the
natural  resources of  the  shelf and  maximize the  economic  recovery  compatible  with  sound
conservation practices.  Regulations cover control of operations (including emergency suspensions
where operations threaten immediate harm or damage to life, property, or the environment), control
of wells, and pollution and waste disposal.  The Geological Survey has the authority to control and
remove oil spills which the lessee has failed to  handle.  Costs to the Federal  Government are
recoverable from the lessee.
OTHER REGULATIONS

In the federal regulations there is an exception for discharges of oil from a vessel's engine; however,
the exception does not extend to oil accumulated in bilges.  There is a specific prohibition against
adding dispersants or emulsifiers to oil to be discharged in an attempt to circumvent these provisions.
Demonstrations or research projects such as those  that may be involved with this course are
exempted from the prohibitions on discharges of oil.
CLEANUP COSTS

Two private contractual agreements which are of importance in oil spill cleanup are the Tanker
Owners Voluntary Agreement Concerning Liability for Oil Pollution ("TOVALOP") and the Contract
Regarding an Interim Supplement to Tanker Liability for Oil Pollution ("CRISTAL"). An additional
private agreement that is currently proposed is entitled the Offshore Pollution Liability Agreement
("OPOL").  TOVALOP is an association whose members guarantee that parties can recover costs
up to $100 per gross ton or up to  $100,000,000 (whichever is less) for cleanup of a spill of a
persistent oil caused by a tanker.   This contract  also provides procedures for tanker owners to
recover costs of cleanup regardless of fault. CRISTAL is  designated to establish a fund contributed
to by the tanker and oil owners which will be available to reimburse those who have expended funds
for cleanup or who have been damaged by oil spills or discharges beyond the amount covered by


6/92                                        Q

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TOVALOP. CRISTAL supplements TOVALOP and provides additional funds up to an overall per
incident amount of $30,000,000.

There is a revolving fund authorized in the amount of $35,000,000 to provide for cleanup costs that
the Federal Government may incur. The fund is administered by the U.S. Coast Guard. According
to the regulations, only costs for response Phase II (Containment and Countermeasures) and Phase
III (Cleanup and Disposal) actions under the National Contingency Plan or the Regional or Local
Plans may be reimbursed.  If the Coast Guard or EPA uses the revolving fund in a cleanup the
government will attempt to reimburse the fund by collecting from the spiller.  In most cases, the
spiller will notify the appropriate agencies and pay a contractor or will utilize his own forces to
cleanup the spill.
SUMMARY

Any oil spill that can reach navigable waters (waters of the U.S.) must be reported to the National
Response Center.  Failure to do so may result in $250,000 fine.  Various state agencies also require
reports of oil spills and may levy fines.

Most oil spills cleaned up are paid for by the company responsible for the spill.  But, a company's
exposure for cleanup  cost  is sometimes limited by insurance and/or government regulation.  If
possible, spills by unknown parties should be handled under the direction for the Government On-
Scene Coordinator.
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                        THE ROLE OF THE U.S. COAST GUARD
                                IN OIL SPILL CLEANUP
THE U.S. COAST GUARD AND OIL SPILL CLEANUP

The U.S. Coast Guard has been designated by the President of the United States as the "appropriate
agency" to be notified immediately  in cases of oil spills that can reach navigable waters.  Once
notified,  the  Coast Guard will appoint an on-scene coordinator for the  spill  in their areas  of
responsibility. These areas include the high seas, coastal and contiguous zone waters, and coastal
and Great Lakes ports and harbors.  The EPA provides the on-scene coordinator for other areas.

The Coast Guard on-scene coordinator, upon arrival at the spill scene, will  assess the situation and
assure that containment, cleanup,  and restoration activities are underway.   Coast Guard personnel
are trained in handling oil spills and may have considerable practical experience in this area.  The
Coast Guard  is prepared to act during spills with a nucleus of manpower available 24 hours a day,
backup personnel for large spills,  equipment,  and sophisticated communication gear.  Coast Guard
personnel are usually familiar with the spill area and will have current charts, tide data, and weather
information available.

The general philosophy of the Coast Guard and the EPA is to allow the spiller to clean up his spill,
provided there is adequate progress.  The Coast Guard will give  advice and directions concerning
methods of handling the spill and  the thoroughness of the cleanup. The approach the Coast Guard
will use depends on the individual officer, his opinion of the spiller, and the area and extent of the
spill.  If the spiller has a reputation of being  competent in oil cleanup, the Coast Guard may give
minimal attention.  Many Captains of Ports have oil spill equipment stockpiled at their headquarters
for use on oil spills.  The equipment will have to be cleaned and replaced, if necessary, if it is
borrowed.

Before using any chemicals, the on-scene coordinator must first approve their use. The Coast Guard
may  allow the use of oil collecting agents, but again, permission must be received. Upon request,
prior permission to use Shell's Oil Herder has  been granted in some states and has also been granted
to some specific cleanup organizations and contractors.  Prior permission has been granted because
of the material's low toxicity and because collecting agents are very effective if they can be applied
soon after the spill has occurred.  The  amount  of application  is strictly limited, as previously
described.
6/92                                        11

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THE COAST GUARD NATIONAL STRIKE FORCE

The Federal Government directed the Coast Guard to carry out the spirit of the National Contingency
Plan by establishing trained and equipped emergency task forces located strategically throughout the
United States.  This resulted in the establishment of three strike teams and the coordination center:
the Atlantic Strike Team located in Fort Dix, NJ,  the Gulf Strike Team located in Mobile, AL, the
Pacific Strike Team located in Novato, CA., and the Coordination Support Center in Elizabeth City,
NC.

The  strike team can provide communications support, advice, and assistance for oil and hazardous
substance removal.  These teams provide expertise in ship salvage, diving, and removal techniques
and methodology.  Their missions, in order of importance, are:

        1.     Response; upon request, strike teams will respond to calls for assistance from
              on-scene coordinators.

        2.     Training; strike teams are responsible to conduct both unit (internal) and field
              training.

        3.     Planning/liaison; strike teams are required to participate in regional response
              team  contingency planning.   Since the regional  teams are not comprised
              solely of Coast Guard personnel,  liaison with other governmental agencies
              (EPA and  local groups)  is  necessary to ensure  that maximum benefit  in
              contingency planning is achieved.  Planning and liaison with industrial groups
              is also of importance in contingency planning.

        4.     Research and Development;  the strike  teams serve as the repositories and
              major users of government owned pollution control equipment.

The  strike teams are on  call 24 hours a day and are prepared to board and load aircraft to fly to the
spill site.  Although most of the major equipment can be air dropped, to date the teams have flown
to local airports and unloaded the equipment onto trucks.  An  assortment of skimmers, booms,
communications gear, and special clothing are part of the equipment, but the  most important units
are the pumps. Portable diesel unit power pumps, which are capable  of removing product or crude
up to the rate of 2000 gallons per minute from damaged tankers or barges, are used to minimize the
release of petroleum to the environment.  The product can be pumped into smaller vessels alongside
the stricken vessel or into  portable storage containers with a capacity of 120,000 gallons.

The  grounding of the VLCC METULA on the coast of Chile was  a recent spill handled by the strike
team.  The Chilean government requested the National Strike Force to transfer the remaining cargo
from the stricken tanker  to smaller vessels alongside to minimize the release of oil into the
environment  and to assist in the refloating operations. Yokohama fenders were used to prevent
damage to the tankers  due to extremely hazardous weather conditions. The technique of using
portable pumps and large air bag fenders proved  invaluable.

The  members of the strike force are dedicated professionals with the mission of getting to the spill
site, cleaning  it up, and minimizing damage to the environment. They are also asked to act  as
consultants to the on-scene coordinator or to industrial personnel.  When the  strike force acts as a


6/92                                       12

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consultant to the spiller, there is no charge for the service.  However, if the personnel are directly
cleaning up the spill, the spiller will be charged. Equipment and manpower charges are set by a rate
sheet.  One of the more expensive items is the aircraft used to  transport the personnel  and
equipment.  Therefore,  caution should  be taken in calling for aircraft services.   The spiller  will
ultimately pay for the work.
PREPLANNING SPILL CLEANUP OPERATIONS

The time to meet the Captain of the Port is before a spill, not afterward.  Time should be taken to
become informed of the local Coast Guard services including manpower, mode of operation, and
available equipment. It is also helpful to talk to other oil spill supervisors from companies that have
had spills to determine what kind of relationship they have had.  If the local Coast Guard unit has
oil spill cleanup equipment the possibility of adding this equipment to the company contingency plan
should be considered.
SUMMARY

The on-scene coordinator for coastal spills is the U.S. Coast Guard Captain of the Port.  This is the
person to whom the spill should be reported, and the person who has the final say as to the cleanup
operation.  The Strike Forces are available to act as oil spill consultants as well as an effective and
experienced cleanup crew. It is advantageous to work with the Coast Guard when preplanning spill
cleanup operations.  Prior approval of cleanup methods, including the use of chemicals, should be
obtained from the Coast Guard.
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                   THE ROLE OF THE EPA IN OIL SPILL CLEANUP
THE EPA AND OIL SPILL CLEANUP

The Environmental Protection Agency (EPA) has been designated by federal statute as one of the
governmental agencies taking a major responsibility for oil spill matters. More specifically, the EPA
has the authority to act as the on-scene coordinator for inland spills (those spills on land or on water
not affected by tidal ebb and flow) and to act as a pollution consultant to the Coast Guard for spills
in coastal waters 933 U.S.C. 1151 etreg., see Federal Register Vol. 37, Number 246 in front pocket
of binder).

The EPA covers the United  States and its possessions from ten regional offices, (FIGURE 1). Each
region has a predesignated  response team ready to act when an oil spill occurs.  During a recent
year, the EPA provided on-scene coordination or advice on 60 percent of the major incidents.  The
EPA believes mat the continuing success of the response program depends on rapid action at state
and local  levels.  Many coastal states now have response programs, and the EPA  encourages all
states, local agencies, and port authorities to develop similar programs.
THE EPA ON-SCENE COORDINATOR

When  a spill occurs, the EPA will expect the spiller to first take  action to safeguard  life  and
property. An OSC then evaluates a report and determines the degree of response that is appropriate.
The next step is to  determine  the source of the spill and  to  make an  effort  to stop the flow.
Manpower and equipment should then be assembled to contain and clean up the spill, the EPA on-
scene coordinator will have listings of equipment for the area and can aid the spiller by giving this
information.  The EPA on-scene coordinator can direct a cleanup if it is appropriate and must direct
the clean-up during significant and substantial threats.  The OSC can also assist in obtaining local
government equipment and manpower.

Because the EPA on-scene coordinator is involved in oil spill cleanup, he may have a good deal of
experience on which to draw to assist the spiller.  For example, he may have suggestions as to
contractors that may be available to help in the cleanup. It should be remembered that the on-scene
coordinator is similar to the inspector on a construction job.   He will have authority over the
thoroughness of the cleanup effort. His instructions will be important and  should be recorded in the
daily log.

The EPA on-scene coordinator is the person who decides whether or not to  authorize the use of
dispersants and collecting agents.  He will usually not permit the use of dispersants, but may allow
the use of collecting agents. It is best to obtain permission to use chemicals prior to having a spill.
The EPA on-scene coordinator should be consulted for non-coastal spills.

  Region I      Boston         Maine, New  Hampshire, Vermont, Massachusetts,
                                Connecticut, Rhode Island

  Region II      New York       New York, New Jersey, Virgin Islands, Puerto Rico


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 Region III
 Region IV

 Region V
 Region VI
 Region VII
 Region VIII

 Region IX
 Region X
Philadelphia
Atlanta

Chicago
Dallas
Kansas City
Denver

San Francisco
Seattle
Pennsylvania, Maryland, Delaware, West Virginia, Virginia
Kentucky, Tennessee, North Carolina, South Carolina,
Georgia, Alabama, Mississippi, Florida
Ohio, Indiana, Illinois, Michigan, Wisconsin
New Mexico, Texas, Oklahoma, Arkansas, Louisiana
Kansas, Nebraska, Iowa, Missouri
Colorado, Utah, Wyoming, South Dakota, North Dakota,
Montana
California, Nevada, Arizona, Guam, Hawaii, Samoa
Washington, Oregon, Idaho, Alaska
                                      FIGURE 1
                              EPA REGIONAL OFFICES
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                            15

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The EPA representative will usually be the person to approve of burning debris and using burial
sites.  This activity may be handled by a state agency, but the EPA should be consulted first.  This
point should be confirmed with local authorities when a contingency plan is developed. If problems
arise with a private property owner with regard to working near or on the property, the EPA on-
scene coordinator should handle it. He has a legal right of access during oil spill operations and can
designate the  spiller and a  contractor as his representatives.   Like the  Coast Guard on-scene
coordinator, the  EPA coordinator will handle the cleanup activity of a mystery spill or of a spill
where the spiller cannot or will not clean up.  The cost for cleanup will come from the revolving
fund that is administered by the U.S.  Coast Guard.
THE REGIONAL CONTINGENCY PLAN

It is suggested that a current copy of the Regional Contingency Plan be obtained for the EPA region
where the company is located.  Sections of the documents can be incorporated into the company
plan.  This would include the EPA and Coast Guard telephone numbers and addresses and state
agency telephone numbers and addresses.  The plan will list the names of the  EPA on-scene
coordinators and names of the Coast Guard Captains of the Ports,  a map is usually  included to
explain the boundaries between the Coast Guard and EPA authority.  Usually, there is a section on
recovery equipment and techniques. One of the most important sections of the EPA Regional Plan
is an equipment inventory section listing booms, skimmers, and other equipment.
OTHER EPA RESPONSIBILITIES AND ACTIVITIES

The 1972 Federal Water Pollution Control Act required that rules and regulations be established to
prevent discharges of oil from vessels and facilities.  The EPA was designated to administer the non-
transportation related onshore and offshore facilities as outlined in the December 11, 1973 Federal
Register.  The program calls for preparing a Spill Prevention Control and Countermeasure plan
(SPCC) for most company facilities. SPCC plans were required to be prepared by July 1974. Each
facility  should have this plan completed and posted, but it is up to the company to keep the plan
current and workable.

The plan is essential to a company contingency plan and is to include a history of past spills, cleanup
techniques and safeguards to prevent further spills, predictions of spill behavior,  equipment and
manpower available to combat a spill, and actions to be taken when a spill occurs.  The EPA oil spill
personnel are available to help in upgrading the  company plan.

Some regional offices also publish their own materials on oil spills such  as Inland Oil  Spills, a
booklet published by the Region VII office in Kansas City, MO, and Oil Pollution  Control Primer
by Al Smith  of Region IV in Atlanta, GA, and Oil and Hazardous Substances Response Manual by
Region X in Seattle, WA.  The best way to find out about any special publications is to visit the
regional on-scene coordinator.
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EPA OIL SPILL RESEARCH EFFORTS

The EPA has been conducting significant research programs in oil and hazardous material spills.
Reports cover  topics such as  oil spill equipment  and chemicals,  oil  spill  case  studies, spill
conferences, proceedings, and oil spill surveillance.  Most of the publications can be obtained from
the Government Printing Office.  Most of the work has been directed through the EPA research
office at Edison, New Jersey. The EPA does significant research on dispersants, chemical treatment,
and bioremediation, while the Coast Guard does research on mechanical development, e.g., Booms,
skimmers, etc.
SUMMARY

Land spills or spills on water not affected by tidal ebb and flow should be reported to the oil spill
response member at the EPA regional office. He will become the on-scene coordinator of the spill
and will  look to the spiller for control of the spill and cleanup activities.  If reasonable efforts are
not taken to clean up the spill, he will take whatever action he believes is necessary to have the spill
cleaned up and will forward the bill to the spiller.  The EPA has access to the Coast Guard revolving
fund for  oil spill cleanup.  A copy of the EPA Regional Contingency Plan should be obtained and
incorporated into the company plan.  The company SPCC plan should be upgraded but kept realistic.
Companies should take advantage of the EPA  research program by obtaining copies  of research
bulletins  that may be of help.
6/92                                        17

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                          MISSISSIPPI LAW ENFORCEMENT
Marine Safety Office (MSO) St. Louis played a major role in an 18-month federal investigation of
criminal violations of U.S. water pollution laws. The case was successfully concluded recently with
guilty pleas and criminal sentences to two corporations, a senior corporate officer and the director
of a marine tank barge cleaning terminal.

The corporations, Wisconsin Barge Line, Inc.  and Reidy Terminal Inc., were convicted of felony
violations of the Resource Conservation and Recovery Act for improper disposal of hazardous wastes
into the Mississippi River, and for multiple misdemeanor violations of the Federal Water Pollution
Control Act.

A total of $375,000 in fines were assessed against  the companies by a federal judge.  The Vice
President of Wisconsin Barge Lines  and the  Terminal Manager  of Reidy  Terminal were  each
sentenced to 3 years of supervised  federal probation and a total of 300 hours of compulsory
community service.

In early  1986, MSO St.  Louis began investigating a series of "mystery"  spills on the Mississippi
River just below downtown St. Louis.  These spills typically occurred just  after dark.   With its
current of four to eight mph and flow volumes of 200,000 to 500,000 cubic feet per second at St.
Louis, the Mississippi can quickly assimilate and dissipate large volumes of pollutants, making it
very difficult to  trace spills back to a source.  The  area is highly  industrialized with  a number of
waterfront petrochemical facilities and substantial vessel traffic.

Believing that large amounts of oil and chemicals were being discharged, the MSO stepped up its
nighttime surveillance  in the area and began to narrow the list of  possible sources.  On March 4,
1986, these efforts paid off.   MSO Pollution  Investigators caught Reidy Terminal, a tank barge
cleaning  facility,  stripping oil directly from a tank barge into the  Mississippi.  After interviewing
terminal  personnel, transcripts of  statements were prepared and CDR Bob Luchun,  Chief of the
Second District's Marine Environmental and Port Safety Branch was contacted.

At this point, MSO St. Louis had one solid case and the potential for a maximum fine of $5,000
under the Clean Water Act.  However, the pattern of discharges indicated that a much larger problem
existed.  Lacking subpoena power needed to investigate prior discharges and believing that Reidy
Terminal was routinely and intentionally discharging hazardous waste into the  river, MSO St. Louis
asked CDR Luchun to contact the EPA through the  Region VII Regional Response Team.

EPA's Office of Criminal Investigations in Kansas City was immediately interested and after a
review of the Coast Guard's investigation, agreed to  take the case.  Extensive discussions with MSO
St. Louis were conducted on how to go about "backtracking" the disposal of wastes from inspected
tank barges.

The U.S. Attorney in St. Louis was brought in and  a Federal Grand Jury was convened.  Through
this mechanism, Grand Jury  subpoenas were issued and an exhaustive investigation of Reidy
Terminal's waste disposal practices was conducted.  The result -  a pattern of routine disposal of
wastes into the  Mississippi from  tank  barge  cleaning operations was uncovered.   The practice


6/92                                        18

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extended back for at least two years and involved hundreds of instances of covert dumping of crude
oil, benzene, toluene, xylene, gasoline, turpentine, methanol, ethylene glycol and diesel oil.  The
company had no permit and disposed of virtually all of its tank cleaning residues in this manner.

On the request of the U.S. Attorney, the Office-in-Charge, Marine Inspection Office (OCMI) in St.
Louis agreed to refrain from bringing charges against the Coast Guard licenses of marine industry
personnel involved in the dumping.  Only those personnel who "cooperated" in the grand jury and
trial proceedings to the satisfaction of the U.S. Attorney were granted this immunity.  The OCMI
did reserve the right to issue suspension and revocation proceedings Letters of Warning against the
license of merchant mariner's document of any implicated persons.

At the sentencing of the  corporations, U.S. District Court Judge George F. Gunn, Jr. called the
actions of company employees an "egregious flouting of the law".

The case was the first prosecution in Missouri under the Resource Conservation and Recovery Act.

                                                        CDR T. W. Josiah, MSO St. Louis
                                                        Commandant's Bulletin (Jan. 22/88)
6/92                                        19

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                            APPENDIX I

                       REPORTING OIL SPILLS



                      OIL SPILL REPORT FORM

                                   DATE:	

1.    DATE AND TIME SPILL WAS DISCOVERED  	

2.    LOCATION OF THE OIL SPILL            	

3.    TYPE OF OIL SPILLED                  	

4.    QUANTITY OF OIL SPILLED              	

5.    SOURCE OF SPILL                     	

6.    CAUSE OF SPILL                      	

7.    WHO DISCOVERED THE SPILL            	
8.   DATE AND TIME SPILL WAS REPORTED
     TO THE POLLUTION CONTROL SUPERVISOR .

9.   DATE AND TIME SPILL WAS REPORTED
     TO GOVERNMENT AGENCIES

10.   NAME AND POSITION OF THE GOVERNMENT
     REPRESENTATIVE CONTACTED

11.   WERE SAMPLES OF THE SPILLED OIL
     COLLECTED?

     A.   WHERE WERE SAMPLES COLLECTED

     B.   WHEN WERE SAMPLES COLLECTED

     C.   DISPOSITION OF SAMPLES

12.   CONDITIONS AT THE TIME OF THE SPILL:

     A.   WIND SPEED AND DIRECTION

     B.   STATE OF THE TIDE



6/92                              21

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     C.    SEA STATE

     D.    VISIBILITY

13.   ACTION TAKEN BY RESPONSIBLE
     AUTHORITIES:

     A.    CONTAINMENT	
          RESULTS
     B.    CLEANUP
          RESULTS
14.   ACTIONS TAKEN BY OUTSIDE AGENCIES:
15.   CURRENT STATUS
                                     POLLUTION CONTROL SUPERVISOR
6/92                              22

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             POLLUTION PREVENTION REGULATIONS ON U.S. WATERS
Non-Transportation Related Operations
       (i.e., drilling, producing, storing, gathering, processing, refining, transferring, distributing,
       consuming)

                                   40CFR112(EPA)

Designated Waterfront Facilities
       (facilities which transfer oil from a facility over a navigable waterway to a vessel)

                                  33 CFR 154 (USCG)

Vessel Operations
       (barges and tankers which carry oil  for commerce)

                                  33 CFR 155 (USCG)

Transportation of Oil via Rail, Truck, Pipeline

                                   49 CFR 195 (DOT)

Outer Continental  Shelf Activities

                               33 CFR  135 (USCG, MMS)

Deep Water Ports
       (any fixed or floating man-made structures other than a vessel which are used or intended for
       use  as a port or terminal  for  the loading,  unloading  or  further handling  of oil for
       transportation outside the territorial  seas of the U.S. economic conservation zone)

                               33 CFR  149 (USCG, MMS)

Marpol Annex II 73/78
       (vessels which carry  250 bbl or more of oil into international  waters)

                                  33 CFR 157 (USCG)
6/92                                      23

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                                    APPENDIX II

                 FWPCA/MARPOL ANNEX I APPLICABILITY
There has been some confusion at field units as to the applicability of the Federal Water Pollution
Control  Act (FWPCA)  or  the Act to Prevent  Pollution  From Ships (implementing  MARPOL
ANNEX I)  during an oil discharge sighting.  So that we may shed some light on this subject, the
following page contains a jurisdictional diagram.

Simply stated:

        1)    any vessel discharging  oil into the  territorial sea  which causes  a  sheen,
             sludge, emulsion, or film upon the surface of the water is in violation of the
             FWPCA;

        2)    any vessel discharging oil into the contiguous zone which causes a  sheen,
             sludge, emulsion or film upon the surface of the water and not in accordance
             with the MARPOL ANNEX  I provisions will be processed exclusively in
             violation of the FWPCA;

        3a)   any vessel discharging oil into the exclusive  economic zone (EEZ - 200 nm),
             outside of the contiguous zone,  not in accordance with MARPOL 73/78
             ANNEX I provisions is  liable for pollution clean-up cost in accordance with
             the FWPCA;

       3b)    any U.S. owned, operated or  chartered vessel discharging oil into the EEZ.
             outside of the contiguous zone, which  causes a sheen, sludge, emulsion or
             film upon the surface of the water, and not in accordance with MARPOL
             73/78 ANNEX I provisions is subject exclusively to  a civil penalty under the
             FWPCA; and,

       3c)    any foreign vessel case involving a discharge of oil into the EEZ. outside of
             the contiguous zone, not in accordance with  MARPOL ANNEX I provisions
             will be  forwarded  by  Commandant (G-MPS-1)  to the  flag state  for
             enforcement.

For more specific details of the provisions of MARPOL 73/78 ANNEX I, review  COMDTINST
M16450.26.
 6/92                                      24

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                        FWPCA AND MARPOL ANNEX 1
        BASELINE
3NM
12 NM
200 MM
             SHEEN TEST
             APPLIES TO ALL
             VESSELS IN THIS
             AREA AND ALL
             NAVIGABLE
             WATERS.
  SHEEN TESTS
  APPLIES TO ALL
  VESSELS NOT
  DISCHARGING IN
  ACCORDANCE
  WITH MARPOL
  73/78 ANNEX 1
  PROVISIONS.
                                                                LEGAL CITE:
                                                                FWPCA
                                                                (33 USC 1321)
                                                                   311(b)(6)(A) AND
                                                                  MARPOL ANNEX 1
                                                                HIOVISIONS INCLUDE.

                                                                 CONTIGUOUS ZONE:
                                                                      < 15 PPM

                                                                   OUTSIDE 12NM:
                                                                    < 100 PPM &
                                                                    CONTINUOUS
                                                                     MONITOR:
                                                                       -OR-
                                                                      < 15 PPM

                                                                    FOR DETAILS
                                                                   SEE COMDTINST
                                                                     M16450.26
                    CLEAN-UP LIABILITY:

                    SHEEN TEST APPLIES TO
                    ALL VESSELS NOT DIS-
                    CHARGING IN ACCORD-
                    ANCE WITH MARPOL 73/ 78


                    CIVIL PENALTY:

                    SHEEN TEST APPLIES
                    TO ALL U.S. OWNED,
                    OPERATED, OR
                    CHARTERED VESSELS
                    NOT DISCHARGING
                    IAW MARPOL 73/78
                    ANNEX 1 PROVISIONS,
                    FOREIGN VESSEL
                    CASES INVOLVING
                    DISCHARGES NOT IAW
                    MARPOL 73/78 ANNEX
                    1 PROVISIONS WILL BE
                    SENT TO THE FLAG
                    STATE FOR
                    ENFORCEMENT.
6/92
               25

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                   OIL POLLUTION ACT OF 1990 (OPA '90)

                                     SUMMARY
Below is a limited summary of changes brought about by the signing of the Oil Pollution Act of 1990
by President Bush:
LIABILITY
SPILL FUND
LARGER COAST GUARD
                              $1200 per gross ton from a previous $150;  offshore facilities,
                              $75M plus  unlimited removal  costs; onshore  facilities  and
                              deepwater ports (i.e., LOOP), $350M.

                              $1 billion national oil spill liability trust fund, change from the
                              311(k) revolving fund of $35 million

                              Oil spill  response groups in each of the CG's 10 districts, re-
                              establish  the Atlantic  Strike Team (three strike teams); upgrade
                              vessel traffic services notably in Prince William Sound; give CG
                              access to driving records to review applicants  for  Merchant
                              Mariner documents.

                              All newly constructed U.S. flag tankers shall be double hulled,
                              phase out existing single hulls by 1995, single  hull tankers will be
                              phased out after the year 2010.

                              All vessels shall address cleanup for "worst case", loss of vessel's
                              entire cargo during heavy weather.  A private means to mitigate
                              the worst case spill is also required.

                              MSRC has been developed to address the legislative requirement
                              for shippers to identify a private entity to mitigate the worst  case
                              spill. MSRC is being financed by most of the large API member
                              companies.  MSRC start-up costs are estimated at $100M with a
                              $70M annual operating cost fee, they will  respond to major oil
                              spills only which will be referred to spills of national significance.

                              The fines for failure to report have been raised from $10,000 and
                              one year in prison to $250,000 for  individuals and $500,000 for
                              corporations.   The potential jail term  has been extended  to 5
                              years.

At the time of this printing actual implementation of this legislation pends  the  issuance of an
Executive Order and delegation of authority to the appropriate federal agency.
DOUBLE HULL TANKERS
CONTINGENCY PLANS
MARINE SPILL RESPONSE
ORGANIZATION  (MSRC)
FAILURE TO REPORT
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                                           APPENDIX III
                                               PARTI

                     MEMORANDUM OF UNDERSTANDING BETWEEN
                      THE ENVIRONMENTAL PROTECTION AGENCY
                                                AND
                                       U.S. COAST GUARD
                        ON ASSESSMENT OF CIVIL PENALTIES FOR
         DISCHARGES OF OIL AND  DESIGNATED HAZARDOUS SUBSTANCES

  (August 15, 1979; Published at 44 FR  50785,  August 29, 1979, and 44 FR 50916, August 30,
1979)
    The United States Environ-
mental Protection Agency (EPA)
and the United States Coast Guard
(USCG) have determined that it is
necessary to establish procedures
pursuant to which decisions may be
made:

    (1)  Whether a discharge of a
designated hazardous substance is
excluded from the application of the
civil penalty procedures prescribed
by section 311(b)(6) of the Clean
Water Act (CWA) and
    (2)  Whether action will  be
taken under paragraph (a) or  under
paragraph (B) of section 311  (b)(6)
CWA to impose a penalty for the
discharge of a designated hazardous
substance not so excluded.
    The EPA and the USCG agree
that decisions as to whether a
discharge of a designated hazardous
substance is excluded from the
application of section 311(b)(6)
CWA will be made initially by  the
EPA in cases evidencing particular
potential violation gravity, e.i.,
meeting criteria set out in section
III of this memorandum.  In  all
other cases the decision will be
made initially by the agency
providing the On-Scene Coordinator
to the discharge incident. When a
decision is made that a discharge  is
excluded, penalty action under
section 311(b)(6) CWA will be
withheld.
    The EPA and the USCG agree
that decisions as to whether action
will be initiated  to impose civil
penalties under paragraph (B) of
section 311(b)(6) CWA, will be
made by the EPA. Cases involving
USCG responses, which evidence
particular potential violation
gravity, i.e., meeting criteria set
out in section III of this memo-
randum, will be transmitted to the
EPA for its consideration.  In all
cases where EPA determines that it
is appropriate to initiate civil
penalty action under paragraph (B)
of section 311(b)(6) CWA, the
USCG will withhold the initiation
of civil penalty action under
paragraph (a) of section 311(b)(6)
CWA.
    This memorandum establishes
policies, procedures, and guidelines
concerning the responsibilities of
the EPA and the USCG in carrying
out the foregoing agreement.
    The respective responsibilities
of each agency specified in this
memorandum may be delegated to
their respective subordinates con-
sistent with established  procedures.
    The EPA and the USCG will
review  the implementation of this
memorandum at least one year from
the effective date of 40  CFR Part
117 or  sooner if agreed to  by both
agencies, and will make any
changes to the policy, procedures,
and guidelines set forth herein
which are agreed to by  both
agencies.

Section 1:  General

    The amendment of November
2, 1978 to section 311 CWA (Pub-
lic Law 95-576) excluded certain
discharges of hazardous substances
from the application of section
311(b)(6) CWA.  The discharges so
excluded are: (a) discharges in
compliance with a section 402
DWA permit, (b) discharges
resulting from circumstances
identified and reviewed and made a
part of the public record with
respect to a permit issued or
modified under section 402 CWA,
and subject to a condition in such
permit, and (c) continuous or
anticipated intermittent discharges
from a point  source, identified in a
permit or permit application under
section 402 CWA, which are
caused by events occurring within
the scope of relevant operating or
treatment systems.

    In addition, this amendment
created two methods for penalizing
discharges of hazardous substances.
The first, which already existed  as
section 311(b)(6) CWA prior to  the
amendment, authorizes the USCG
to assess a civil penalty not to
exceed $5,000 for the discharge of
oil or a designated hazardous
substance (section 311(b)(6)(A)).
The second method created by the
new amendment, provides that the
EPA, through the Department of
Justice, may  initiate a civil action in
Federal district court for penalties
not to exceed $50,000 per spill of
hazardous substance, unless such
discharge is the result of willful
negligence or willful misconduct, in
which case the penalty shall not
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               29

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exceed (250,000 (section 311(b)
    The legislative history
accompanying the amendment
makes clear that Congress intended
to create a dual option system for
penalizing discharges of hazardous
substances under section 311(b)(6)
CWA.  A discharger of a
designated hazardous substance can
be penalized under paragraph (A)
or paragraph (B), but not both.
The EPA and the USCG agree that
paragraph (B) does not apply to oil
discharges.  The USCG will
continue to assess oil discharge
penalties administratively under
paragraph (A).

Section It: Coordination

    When a spill of a designated
hazardous substance occurs, the
On-Scene Coordinator (OSC) will
prepare a factual report of the
incident.  At the minimum, the
report will address those criteria set
forth  in section III, of this
memorandum.
    The OSC will submit this
report within 60 days of the spill
incident.  The OSC will submit the
report to the District Commander
when he is a USCG OSC, and to
the Regional Administrator, when
he is  an EPA OSC.
    When the District Commander
reviews the USCG OSC's report
and determines that one or more the
criteria set forth in section III,
below is applicable to that case,  the
entire record of that case will be
referred to the EPA Regional
Administrator for review. In
addition the District Commander
will refer the entire record of:
     (a) Any other case involving a
designated hazardous substance
from a  point source subject to a
section 402 permit or permit
application, which, prior to or after
the commencement of penalty
action,  the USCG determines is
excluded from the application of
section 311(b)(6) CWA; and
     (b) Any other case which,  the
District Commander considers
appropriate for possible application
of section 311(b)(6)(B) CWA.
    When the Regional Adminis-
trator receives a case, either from
an EPA OSC or upon referral from
the District Commander, he will
determine:
    (a) Whether the case is
excluded from the application of
section 311(b)(6) CWA, and, if not,
    (b) Whether a civil penalty
action under section 311(b)(6)(B)
CWA will be initiated.
    The Regional Administrator
will made these determinations
within 90 days of his receipt of
referral documents and will notify
the District Commander promptly
of the determinations in cases which
have been referred. If the Regional
Administrator determines that an
action under section 311(b)(6)(B)
CWA will be initiated, the case
will be prepared in the EPA
Regional Office and forwarded to
the Department of Justice (DOJ) in
accordance with established EPA
case referral procedures.
    If the Regional Administrator
determines that the discharge is not
excluded from the application of
section 311(b)(6)  CWA and that
paragraph (B) action is inappro-
priate, or if EPA Headquarters
declines to refer a Regional case,
EPA  will return the case to the
USCG for appropriate action under
paragraph (A).
    Upon request, each Agency
will make available to the other any
or all cases, files, and records,
including OSC reports and official
determinations, regarding decisions
concerning exclusions or the
imposition of section 311(b)(6)(A)
or (B) penalties.  Where there is a
disagreement as to the disposition
of a particular case, the District
Commander and the Regional
Administrator will consult to
resolve the matter.  If necessary,
the matter will be submitted to the
respective Agency Headquarters for
final  resolution.

Section HI: Criteria

     The  USCG and the EPA agree
that if one or more of the following
criteria exists, the District
Commander will refer the case to
the Regional Administrator in
accordance with section n of this
memorandum.

    a.  Any indication of mis-
conduct or lack of reasonable care
on the part of the owner, operator,
or person in charge with respect to
the discharge or with respect to the
failure on the part of the owner,
operator, or person in charge to
adhere to the guidance of the OSC
regarding clean-up or any policies,
procedures, guidelines, or
regulations applicable to clean-up;

    b.  Any discharge incident
other than a threat for which
payments are made or to be made
from  the section 311(k) fund
pursuant to 33 CFR 153.407,
except where no discharger has
been identified;

    c.  Any indication of prior
violations by the discharger of any
provision of the CWA, or violations
of provisions of the CWA other
than section 311(b)(6) CWA
occurring at the time of the
discharge, such as violations of a
section  402 permit;

    d.  Any discharge incident
(other than a threat) as defined
in 40 CFR 1510.5(1) which
requires activation (by full or
limited  assembly,  or by telephone)
of the Regional Response Team as
required by 40 CFR 1510.34(d),  as
amended; and

     e.  Any discharge involving
human injury or evacuation,
damage to plant or animal life, or
contamination of water supply or
underground aquifers.

     Other referrals to the EPA may
be made on a discretionary basis.

     Dated:  August 15, 1979.
Marvin B. Durning, Assistant
Administrator for Enforcement,
 United  States Environmental
Protection Agency.

     Dated:  August 17, 1979.
R.H. Scarborough, Acting
 Commandant, United States Coast
 Guard.
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                                  APPENDIX III
                                     PART II

                 MEMORANDUM OF UNDERSTANDING BETWEEN
               THE U.S. ENVIRONMENTAL PROTECTION AGENCY
                           REGION IV - ATLANTA, GA
                                       AND
                             THE U.S. COAST GUARD
                       SECOND DISTRICT - ST. LOUIS, MO
                                  CONCERNING
     SPECIFIED PORTS AND HARBORS WITHIN THE SECOND COAST GUARD
DISTRICT
PURPOSE:  The purpose of this document is to identify the specified ports and harbors common to
the USEPA  Region IV and the U.S. Coast Guard Second District.  This document delineates the
geographical areas of responsibility and operational conditions under which the U.S. Coast Guard
will be the lead agency and furnish a predesignated On-Scene Coordinator for pollution response
pursuant to the National Oil and Hazardous Substances Pollution Contingency Plan.

The U.S. Coast Guard Second District has identified the following river reaches as specified ports
and harbors for the inland river systems within USEPA Region IV and U.S. Coast  Guard Second
District. The zones shall  encompass the area from bank to bank or levee to levee wherever a levee
is present.

 Lower Mississippi River System:
        Cairo, IL                           mile 953.8 to mile 941
        Memphis, TN                       miles 738 to mile 724
        Greenville, MS                      mile 540 to mile 535
 Ohio River System:
        Cairo, IL                           mile 981 to mile 974
        Paducah, KY                       miles 944 to mile 919
        Louisville, KY                      mile 630 to mile 592
        Cincinnati, OH                      mile 491.7 to mile 461.9
        Huntington, WV                    mile 323 to mile 317.2
 Tennessee  River:
        Paducah, KY                       mile 0.0 to mile 22
 Cumberland River:
        Paducah, KY                       mile 0.0 to mile 30
        Nashville,  TN                       mile 146.7 to mile 225
 Licking River:

        Cincinnati, OH                      mile 0.0 to mile 5.0
 Big Sandy  River:
        Huntington, WV                    mile 0.0 to mile 4.0

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The  U.S. Coast  Guard, through the appropriate  Captain of the  Port,  shall be responsible  for
furnishing the predesignated On-Scene Coordinator for all discharges of oil and hazardous substances
which result from a vessel casualty or vessel-transfer activity which occur in  these specified Ports
and Harbors of the Inland River System (see chart A for specific predesignated USCG OSC/COTP
zones of jurisdiction).

The Coast Guard will not normally respond to those discharge incidents within their predesignated
zone which occur (1) at industrial facilities, (2) from non-marine transportation casualties, (3) at bulk
storage facilities,  and (4) at hazardous substance waste sites.

Operations and resources permitting, the USCG will, at the request of USEPA Region IV, provide
assistance and a First Federal Official on-scene to those major incidents which occur in the inland
zone that require immediate federal response presence to assess the impact  and extent of the
oil/hazardous materials release.

The U.S. Coast Guard will continue to respond to significant marine casualty incidents which occur
upon the commercial navigable  waters of the inland  rivers.  The Coast Guard will respond to those
vessel  casualty incidents which  are outside  of the limits  of specified ports and harbors  for
investigative  purposes.  If a discharge of oil or hazardous substance is involved, the USCG will
either act in the role of First Federal Official on-scene pending the arrival of the USEPA Region IV
predesignated OSC, or, at the request of the USEPA Region IV Predesignated OSC, the Coast Guard
may provide the incident specific OSC.

In accordance with the NCP, the Coast Guard, through the appropriate Captain of the Port, shall be
responsible for developing and  maintaining a Federal local contingency plan for the specified port
and harbor area identified above.

This document is official authorization by USEPA predesignated OSC's for Coast Guard First
Federal Officials on-scene to activate Federal pollution funds for spills  of oil or  designated hazardous
substances prior to the arrival of the predesignated OSC.

In the initial hours of response to each significant discharge or release,  the Coast Guard will establish
communications with the EPA,  discuss details of the incident, and, together with the EPA, consider
the necessity  of activating the incident specific RRT.
Jack E. Ravan                                   R.T. Nelson, Rear Admiral
Regional Administrator                           Commander
U.S. Environmental Protection Agency            Second Coast Guard District
Region IV, Atlanta, GA                          St. Louis, MO
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                                  APPENDIX III
                                     PART III

                 MEMORANDUM OF UNDERSTANDING BETWEEN
               THE U.S. ENVIRONMENTAL PROTECTION AGENCY
                            REGION V - CHICAGO, IL
                                      AND
                             THE U.S. COAST GUARD
                       SECOND DISTRICT - ST. LOUIS, MO
                                  CONCERNING
                        SPECIFIED PORTS AND HARBORS
                 WITHIN THE SECOND  COAST GUARD DISTRICT
PURPOSE:  The purpose of this document is to identify the specified ports and harbors common to
the U.S. Environmental Protection Agency Region V and the U.S. Coast Guard Second District.
This document delineates the geographical areas of responsibility and operational conditions under
which the  U.S.  Coast  Guard  will be the  lead agency  and furnish  a predesignated On-Scene
Coordinator for pollution response pursuant to the National Oil and Hazardous Substances Pollution
Contingency Plan.

The U.S. Coast Guard Second District has identified the following river reaches as specified ports
and harbors for the inland river systems within U.S. Environmental Protection Agency Region V and
U.S. Coast Guard Second District.  The zones shall encompass the area from bank to bank or levee
to levee wherever a levee is present.


     RIVER SYSTEM                                       PREDESIGNATED OSC

 Upper Mississippi River     Mile 168.6 to Mile 202.9           COMSO ST. LOUIS
                          Mile 0.0 to Mile 13.0              COMSO PADUCAH

 Ohio River                Miles 919.0 to Mile 944.0          COMSO PADUCAH
                          Mile 974.0 to Mile 981.0           COMSO PADUCAH
                          Mile 592.0 to Mile 630.0           COMSO LOUISVILLE
                          Mile 461.9 to Mile 491.7           COMSO LOUISVILLE
                          Mile 303.0 to Mile 323.0           COMSO HUNTINGTON
The U.S. Coast Guard, through the  appropriate Captain of the Port,  shall be responsible for
furnishing the predesignated On-Scene Coordinator for all discharges of oil and hazardous substances
which result from a vessel casualty or vessel-transfer activity which occur in these specified Ports
and Harbors of the Inland River System.

The Coast Guard will not normally respond to those discharge incidents within their predesignated
zone which occur (1) at industrial facilities, (2) from non-marine transportation casualties, (3) at bulk
storage facilities, and (4) at hazardous  substance waste sites.
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Operations and resources permitting, the USCG will, at the request of USEPA Region V, provide
assistance and a First Official on-scene to those major incidents which occur in the inland zone and
require immediate federal response presence to assess  the impact and extent  of the oil/hazardous
materials release.

The U.S. Coast Guard will continue to respond to significant marine casualty incidents which occur
upon the commercial navigable waters of the inland rivers.  The Coast Guard will respond to those
vessel  casualty  incidents  which  are  outside of  the  limits of specified  ports  and harbors for
investigative purposes.  If a discharge of oil or hazardous substance is involved, the USCG will
either act in the role of First Federal Official on-scene pending the arrival of the USEPA Region V
predesignated OSC, or, at the request of the USEPA Region V Predesignated OSC, the Coast Guard
may provide the incident specific OSC.

In accordance with the NCP, the Coast Guard, through the appropriate Captain of the Port, shall be
responsible for developing and maintaining a Federal local contingency plan for the specified port
and harbor area identified above.

This document is official authorization by USEPA predesignated OSCs for Coast Guard First Federal
Officials on-scene to activate Federal pollution funds for spills  of oil or designated hazardous
substances prior to the arrival of the predesignated OSC.

In the initial hours of response to each significant discharge or release, the Coast Guard will establish
communications with the EPA, discuss details of the incident, and, together with the EPA, consider
the necessity  of activating the incident specific RRT.
                                                 R.T. Nelson, Rear Admiral
Regional Administrator                           Commander
U.S. Environmental Protection Agency             Second Coast Guard District
Region V, Chicago, IL                           St. Louis, MO

Date:	       Date:	
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35

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                                      SECTION 8

                                        PARTI

                            SMALL BOAT HANDLING
Most people have some experience in small boat handling from activities such as  fishing, water
skiing, or duck hunting.  Although these experiences are good introductions to using boats for work,
additional skills need to be acquired before a boat can be used effectively and safely.
PROBLEMS OF OPERATING SMALL BOATS

Like a car, a boat has a steering wheel,  a throttle and  a gear shift.  What a boat doesn't have,
however, is a brake.  The only means of slowing a boat is to shift the propeller into reverse.  Boat
operators must also contend with forces of wind and current acting on the craft.  The direction a boat
will move is dictated by propeller, wind, and current  forces.   In cases of  strong wind and/or
currents, the result can be, at best, surprising for the inexperienced operator.

If a boat were always operated in a perfectly calm body of water without currents, the driver would
find that the boat steered similarly to a car, with a small  amount of rudder needed to make a sharp
turn at  high speeds and a large  amount  to make  the same change in direction  at low speeds.
Although both propeller and rudders are on the stern of the boat, the pivot point for a light boat may
change with increasing speed.  At high speeds, the pivot  point is closer to the stern, as that section
of the keel becomes more effective as the bow tends to plane on the water. Because the pivot point
is ahead of the rudder, the stern of the boat will tend to go to the left for a right-hand turn. Deck
hands should be prepared  to  fend off boats  and  docks on the  opposite sides of a turn when
maneuvering in close surroundings.
WORKING SAFELY FROM A BOAT

The operator must, at all times,  be  aware of the boat's position in the water in relation to other
objects.  If the operator's  view is  partially blocked,  a deck hand should be stationed to relay
information.  Ropes, floats, and other pieces of equipment must be secure to prevent entanglement
or injury.  Life jackets should be worn at all times, and gloves should be worn if working with ropes
or cables over the side of the boat. Knives should be handy to cut any lines that may endanger life
or damage property.  Persons on board should be alert to the possibilities of rope backlashing if cut
or broken.  Extra care must be taken when transferring equipment or personnel between boat and
dock or between boats. The differential movement between floating objects can potentially crush a
person or cause severe damage to vessels.  Heavy breaking surf presents additional hazards and
requires an expert crew.
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The buddy system has great advantages for work over the side of a boat.  One person can assist by
handing parts and tools or by holding cables and lines as the other completes the task.  About twice
the time necessary to complete the task on land is needed when working from a boat. A considerable
amount of this additional time is needed to adjust to working on a moving platform.

Docking  a boat requires an  understanding of the maneuverability of the boat, the ability to stop and
reverse direction  and  knowledge of prevailing winds and  currents.  Slow,  deliberate  movements
should be effected to avoid  collisions.  Since a boat is usually more maneuverable heading into the
current, in rivers it is best  to bring the craft alongside the dock heading upstream.  When leaving
a mooring calm water, it is usually best to push the bow away from the dock and slowly move the
boat forward, turning  out and away from the dock. Currents and wind can be used advantageously
by letting these forces move the boat away from the dock before placing the engine in gear.

To insure operator maneuverability, towing is accomplished by attaching the tow line to a bridle or
to a point inboard from the rudder  and very near the turning or pivot point of the craft.  If the line
is tied to the stern, the boat will skid sideways  through the water during turns  and will be more
difficult to handle.  Proper  technique is essential to avoid capsizing at the expense of an improperly
rigged tow line.

Setting and retrieving anchors  can also be  problematic  if proper techniques are  not employed.
Anchoring is necessary for  position boom as  well as for stationing a boat.  Large vessels may have
power-operated anchoring systems, but small vessels likely will not. Anchors should be slowly eased
into the water and permitted to drop to the bottom while backing the boat downstream.  Backing of
the vessel is necessary to keep  the anchor rope from becoming entangled in the propeller.  When
raising the anchor, a deck hand should be stationed at the bow to pull in the line as the boat is slowly
headed upstream over the  anchor.  When the rope is vertical over the  anchor, it is sometimes
necessary to tie the rope to a cleat and propel the boat forward, pulling the anchor loose from the
bottom.  When the anchor is free, it can be raised into the boat by hand  or winch.  A pulley attached
to the bow can  be invaluable in  handling the anchor line in a small  boat, as it speeds up the job and
reduces the changes for personal injury.
BOAT OPERATION FUNDAMENTALS

Some basic rules for operating boats are as follows.

        1.    Except when a boat is at  anchor, aground,  or  made fast to the shore, a boat is
              considered underway and the "rules of the road" are applicable.

        2.    The Golden Rule for small  boat handling is safety first and keep to the right.
              Indecisive action or actions with an obscure motive mislead other vessels,
              resulting in confusion.

        3.    Vessels that are being passed have the right-of-way  over the passing vessel.

        4.    Boats  underway must  stay clear  of boats fishing while at anchor or while
              traveling.


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        5.     When two vessels are crossing each other's path, the motor vessel which has
              the other on the port (left) side shall have the right-of-way.
There are special  lighting  requirements  for different length and type vessels.  These rules are
enforced by the Coast Guard.  The rules  and regulations can be obtained from the Coast Guard or
from a recent edition of a boating handbook such as Piloting,  Seamanship and Small Boat Handling,
by Charles F.  Chapman.  Chapman's book includes a wealth of information about boat operations.

Daytime navigation in a canal or ship channel has advantages over night navigation because channel
markings can be clearly seen.  The primary rule is to keep to the right of the channel. Small boats
are easier to maneuver than ships and should be able to avoid most problems. Buoys are used to
mark the channel and are color-coded as  follows:

        1.     Red buoys mark the right side of the channel when entering from seaward.
              Seaward is the datum for  channel marking and holds for markers hundreds
              of miles inland.

        2.     Red and black horizontally-banded buoys mark obstructions or a junction of
              one channel with another.

        3.     Black and white vertically striped buoys indicate the middle of the channel.

        4.     White boys mark anchorages.

Most buoys are numbered to indicate which side of the channel the buoys mark and to aid in locating
them on charts.  Numbers increase from seaward and are kept in approximate sequence up channel.
Odd-numbered buoys mark the left side and even-numbered buoys mark the right side.

Night navigation is complicated by difficulties in locating obstructions and forks in the channel, and
limited  by  a person's restricted depth perception.  Lighted buoys aid in marking channels, green
lights marking the left side of channels and red lights marking the right side when entering from the
sea.

Nautical charts for coastal waters prepared by the Coast and Geodetic Survey should be obtained for
the area. Company personnel should become familiar with using them.  Charts are necessary to plan
spill cleanup operations and to use in training the company response team.  The Coast Guard should
be invited to lecture at training sessions concerning local conditions and the use of nautical charts.

The Coast and Geodetic Survey Department issues tide tables, current tables, and tidal current charts
for certain harbors. Buoys and navigation lights are marked  on the charts,  and knowledge of them
is mandatory for night operations.  Charts are kept up to date by a weekly bulletin published by the
Navy.  The Coast Guard  also publishes a list of lights and other marine aids for various  sections of
the coast.
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OIL SPILL CLEANUP VESSELS

There is no single vessel that is best for all oil spill cleanup operations.  Offshore work requires
large, steel-hulled vessels longer than 50 feet.  These types of vessels require professional operators,
usually have large diesel engines and generators, and are well equipped with radio and navigation
equipment.

Large vessels are necessary offshore to withstand pounding waves.  Because the vessels will be used
to tow large offshore booms, heavy-duty bits or cleats must be welded to the structure of the vessel
to prevent pulling  the tow-point loose.   Oceangoing tugs are well suited to this  type of operation.
Aboard  the vessel should be a captain, one or more deck hands, and an oil spill cleanup supervisor
with communications to the rest of the operation.   The captain  will operate the vessel and  the
supervisor will instruct the captain as  to how his vessel  will work with regard to the overall
operation.  The craft should be both heavy enough  and  large enough for the operation.   Work in
some areas is best handled by heavy-duty craft with twin screw power.  This is particularly helpful
when working along docks or for tending boom in swift-moving rivers.

Smaller boats work well for inshore spills by carrying personnel, towing boom,  and by  handling
debris barges. For this type of operation, a large boat may be necessary, but use of a more shallow
draft vessel has distinct advantages.   For small spills  in  sheltered waters,  outboard vessels of
sufficient power and size are adequate.  Engines of at least 50 horsepower are  recommended.  A
particularly useful vessel is a flat-top design similar to a house boat constructed on pontoons or as
a catamaran.  A flat-top vessel can store several hundred feet of boom ready for  quick deployment,
provides a stable platform from which to work, and is easier on which to place  drums to be used for
recovered oil, debris, or oiled sorbent.  Some vessels can be equipped with a small crane to transfer
the drums from vessel to dock.

When purchasing a small outboard type boat, one should look for shallow draft, high sides, large
horsepower, and sturdy tow points. Unfortunately, boats designed for heavy operations are generally
too large for use in confined  areas.  Likewise, smaller boats designed for recreational  purposes
generally are not sturdy enough for the heavy towing and hard treatment cleanup  operation demand.
Excluding smaller, flat-top design boats, "Boston Whaler"-type vessels have a lot of open area to
accommodate personnel and equipment.  These boats also tend to be more stable than many small
boats.

Boats are an obvious necessity in handling oil spills  on  water and should be included  in  the
contingency plan and used  in training the response team. Vessels should be located in the area of
the facility that would be called upon in the event of a spill. The Oakland Estuary cleanup employed
58 small boats and 23 large marine vessels ranging from tugs to a small tanker.  The self-propelled
tanker owned by Clean Bay Inc. was used as a floating oil-water separator to receive oil  skimmed
by other units. Small boats were used  for transferring personnel,  bird catching and cleanup, boom
and skimmer tending, and reconnaissance of the spill. Clean Bay also owns or  has access to eight
floating  skimmers including a large,  double belt,  self-propelled Marco skimmer.   The  largest
skimmer is propelled by twin diesels, mounted on a catamaran hull, and is equipped with navigation
lights for night operation.
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Some suggestions involving the use of boats in oil spill cleanup operations are as follows.

        1.     Boats must be selected to be compatible with the location and job.

        2.     Boats must be maintained ready for use.

        3.     Boats must be cleaned throughout the spill to eliminate them  as a source of
              injury and water recontamination.

        4.     Boats must not be overloaded.

        5.     Fuel cans must not be filled in small  boats.

        6.     The crew must have ample weather-proof clothing.

        7.     Sorbent pads must be used  on the decks to walk on.

        8.     The discharge wake can be used effectively to move oil toward skimmers.



SUMMARY

Experienced boat operators are necessary for safe boat handling during spill cleanup.  Care should
be taken while working from a vessel and when tying up, towing, or boarding a vessel.  Charts for
the area should be used to locate navigational facilities in the area, and personnel should learn to use
these aids for both day and night operations. The response team should be trained under realistic
conditions using vessels.  When  purchasing or leasing  vessels, every attempt should be made to
match the watercraft to the task.
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                                      SECTION 8

                                        PART II

             TRAINING PROGRAM FOR THE RESPONSE TEAM
Experienced, well-trained people  are essential for successful  implementation  of an  oil  spill
contingency plan.  Training sessions must be held on a regularly  scheduled basis since persons on
the response team will be continuously changing, new equipment will be acquired, and the oil spill
contingency plan will be modified as more experience is gained.  For a good training program to
exist, it must have the support of the company.  The supervisor of the oil spill response team is
responsible for the team's continued training.

PURPOSE OF THE TRAINING

The objective of the response team  is to clean up an oil spill efficiently and quickly with a minimal
adverse effect on the environment.  The purpose of the training program is to prepare the response
team to meet this objective.  The training program should be divided into quarterly meetings which
can be devoted to classroom exercises, field training and response drills.  The specific goals of the
training program are to teach the response members to:

        1.     use oil spill cleanup equipment safely;
        2.     identify cleanup sites;
        3.     utilize the oil spill contingency plan;
        4.     handle the respective duties of a response member; and
        5.     critically review and upgrade the contingency plan.

RESPONSIBILITIES OF RESPONSE TEAM

Each member of the response  team should be familiar with all aspects of the oil spill contingency
plan.  This includes how to use the  notification system for reporting spills and the call-up procedure
for activating the response team.  Each member of the response team should have a folder with the
following information:

        1.     organization chart of response team with the names of people assigned to the
              various positions;
        2.     notification plan with phone numbers of all members of the team;
        3.     map of plant area showing:
              a.      potential spill sites
              b.      environmentally sensitive areas
              c.      boom deployment sites
              d.      access roads to deployment and waste disposal sites
6/92                                         7
This part of the Inland Oil Spill Course was reproduced by permission of The Occupational and Environmental Safety Training Division of the
Texas Engineering Extension Service The Texas A & M University System.

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        4.     description of each deployment site; and
        5.     complete job description for each response team member (the job description will
              help new members become oriented).

Members of the response team in the procurement group must periodically check to ensure that their
lists for furnishing personnel, equipment and supplies are current.

THE TRAINING PROGRAM

Most of the training program should be oriented around drills and demonstrations rather than formal
classroom instruction.  However, certain aspects of the training program can be covered efficiently
in group training classes.  Training sessions should be held regularly, perhaps for a few hours each
month, and large-scale exercises should be held once or twice each year.

Training is time consuming and expensive. Like any other expenditure, it must justify the overall
program.  Whenever possible, consideration  should be given to holding joint sessions with other
plants  in the  area.   A local spill cooperative can provide a valuable service  organizing and
coordinating training sessions.

Vendors are often willing to put on demonstrations of their equipment or  materials.   However,
although observing demonstrations are worthwhile, it is not a substitute for actual first-hand practice
with one's own equipment.

The practical field work required to contain and clean up  an oil  spill should be broken down  into a
series of elements.  Each element  should be practiced separately before a full-scale exercise is
attempted.  A full-scale exercise can be a chaotic experience and wasteful if it is not well planned
and organized.

Classroom instruction should include the following:

        1.     discussion  of new ideas, equipment problems and results of field exercises;
        2.     movies on  new equipment and its use, oil spill cleanup operations and drills;
        3.     instruction on boom theory, day and night navigation, oil movement, water
              current measurements and cleanup techniques;
        4.     review of  the oil  spill contingency  plan,  responsibilities of  individual
              members, characteristics of various deployment sites, water currents about the
              plant site and use of equipment.

SUMMARY

Training must be regularly scheduled since  persons  on the response team will be continuously
changing, new equipment will  be acquired  and the oil spill  contingency plan will be revised
regularly.  Training should be such that each team member  knows exactly what to do in case of a
spill at any time.  Each member of the team should be issued a folder with information detailing his
role in the cleanup organization, a notification plan, and various maps of the area locating potential
spill sites, boom sites and access roads.
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Training sessions should emphasize hands-on experience with specific pieces of equipment. Limited
classroom discussions can consist of equipment status reports and review of the contingency plan.
A full-scale response team exercise should be had one or two times each year.
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                                      SECTION 9

                      CONTAINMENT OF OIL ON WATER
Most containment devices are designed to hold oil  "long enough" for the  oil to be removed.
However, no device should be expected to hold oil indefinitely.  Depending on the water current,
wind current and wave heights, "long enough" might be a few minutes to several days. Due to the
wide variety of water conditions,  containment devices can be  simple  "home-made" devices  or
sophisticated commercial booms and air barriers.

AIR BARRIERS

The  use of air or pneumatic barriers has been demonstrated to be an effective means of controlling
the movement of floating products in water in little or no current. Air barriers can be classed as air
bubblers or coherent water jets.

The  air bubbler is constructed by placing a perforated pipe or manifold in the water close to the
bottom.  Injecting  air  into the pipe causes  bubbles to  rise  from the openings.   The rising bubbles
produce  a vertical current in the water which causes a horizontal  current or water flow on the
surface.  This horizontal movement counteracts the forward movement of the  oil and prevents the
oil from passing.

Advantages  of this system include:  rapid  start up, unrestricted vessel movement and continuous
operation.  There are  a  number of  disadvantages  as well.  These include:  ineffectiveness in high
currents, silting or clogging of openings,  high energy consumption, high initial cost and system
design problems.

Tests under  controlled conditions have shown that the excess water  at the  surface tends to entrain
oil droplets into the water column.  This is because the water sets up a recirculating pattern near the
bubble plant (FIGURE  1).  When a current is present, the entrainment causes massive  oil loss.
Losses occur at current speeds below 0.5 knots (FIGURE 2)1.

Under  ideal  conditions (no current  or wave action), oil could be contained in areas  such as barge
slips with an air barrier.  Oil  layers could be contained up to five inches thick.

Recent experience  with air barriers at an angle to the water current have shown them to be nearly
as effective as containment booms.   If large debris or ice is present, they may be the only chance
for containment.

Silting of the manifold openings is a problem caused by placing the manifold system too close to the
bottom.  Raising the manifold off the bottom may prevent this from happening. Another  problem
can be the accumulation of marine growth  such as barnacles and seaweed.
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            V
BUBBLE PLUME
                          FIGURE 1
                 AIR BARRIER WITH NO CURRENT
                                         BUBBLE PLUME
                          FIGURE!
                   AIR BARRIER WITH CURRENT
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The amount of air required to operate a system depends on the length of the perforated manifold,
water depth, opening size,  number and spacing of the openings  and the desired surface current.
Systems in the 200 to 300 feet range typically require 400 to  1200 c.f.m., depending on these
variables.

System cost is one of the most prohibitive disadvantages of air barriers.  A complete installation can
run as much as $500/foot.  Even if a compressor is already available, the cost for an installed
manifold system can exceed $50/foot. Add to this the annual maintenance and energy costs and the
operating expenses become high.

One  area  of new technology in  air barriers is the use of coherent water jets.  From above, a
concentrated jet of water is directed  vertically into the water column, and a large amount of air is
introduced. The air rising back to the surface will act as a typical air barrier. An extra oil  holding
ability is produced by the splashing of the water and a standard headwave that is produced.  Tests
have shown that the coherent water jets (FIGURE 3) consume less energy than standard air barriers
of equal effectiveness4.
                                              \ / WATER WITH AIR BUBBLES
                                       FIGURE 3
                               COHERENT WATER JETS
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BOOMS
A boom is a floating barrier designed with sufficient freeboard and draft to contain oil floating on
the surface of the water. Most booms will have the following characteristics:

        1.     a means of  flotation or freeboard to contain  the  oil and to resist  waves
              splashing oil over the top,

        2.     a skirt to prevent oil from being carried underneath the boom,

        3.     a longitudinal tensile strength member, such as chain or cable, to hold the
              boom together and provide a means of anchoring the boom, and

        4.     a ballast to aid in maintaining a vertical skirt orientation.

The following  discussion will primarily cover typical floating booms similar to the one shown in
FIGURE 4. Fixed barrier booms, supported from the bottom of a channel, will be discussed later.
        Freeboard —
                                     Longitudinal Strength Member
                                        FIGURE 4
          CROSS-SECTION OF A TYPICAL BOOM SHOWING MAJOR PARTS
To be effective, booms must float and be stable in currents, winds and waves.  It should also be
made of materials which are not subject to deterioration from the sun, storage and chemical attack.
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      Oil Carryunder
      Booms will contain oil when placed in quiescent water.  If there is only a slight velocity in
      the water perpendicular to the boom,  and no wind or waves, the boom will still contain oil.

      As the current moving perpendicular to  the boom becomes greater, forces begin acting on
      the trapped oil and will cause the oil to escape under the boom.  Oil can move under the
      boom  by two methods.  "Leakage", or sheet breakaway, occurs when oil builds up to such
      a depth behind the boom that the oil layer is almost equal to the draft and escapes under the
      skirt.  "Entrainment", or droplet breakaway, involves the carryunder of oil due to a shearing
      action at the interface of oil and water at the headwave (FIGURE 5).
           Current
                                       FIGURE 5
                    BOOM CONTAINMENT FAILURE CAUSED BY
                   ENTRAINMENT OF OIL BY SHEARING ACTION
       The containment effort fails when oil droplets break away from the oil layer and become
       entrapped in the flowing water as it passes  beneath the boom.   The amount of droplet
       carryunder is a function of the thickness of the oil  layer and the  velocity  of water.  The
       phenomenon is related to water velocity and the specific gravity of the oil.  Thus, the greater
       the velocity or the greater the specific gravity of the oil, the greater the carryunder.

       For a given oil land skirt depth, carryunder will not occur until a critical velocity is reached.
       As the velocity increases above the critical velocity,  the greater the carryunder will be.

       Increasing the  length of the skirt  increases the ability of the boom to retain  oil, but the
       advantage is not substantial.  Disadvantages of a  longer skirt are  the increases in weight,
       cost, and mooring requirements to hold the boom  in position.  A boom should be effective
       regardless of skirt depth when currents are below 0.75 feet per second for a No. 2 oil.  For
       a No. 6 oil, no droplets are formed  if the velocity is less than 0.4 feet per  second, but
       leakage will  occur if the boom has a skirt of less than 12 inches.  Therefore,  there is no
       advantage in making the skirt length greater than twelve inches to prevent the movement of
       oil beneath a boom in slow-moving waters. A longer skirt is required in rough waters.
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       Oil Splashover

       Although a boom, properly deployed, can minimize carryunder, it may be subject to another
       form of failure - splashover. Splashover will depend on the basic boom design, freeboard,
       angle of the waves to the boom, wave heights, and distance between successive waves. No
       boom will be capable of holding oil under all sea conditions, but some boom designs are
       more effective than others. Under slow swell conditions in the open ocean, most booms will
       be flexible enough to conform to the waves.  Under choppy conditions, it is difficult to keep
       oil from splashing over the boom.  Such conditions require a boom with a relatively high
       freeboard and long skirt and may still be ineffective.

BOOM DESIGN

       General Criteria

       A bigger boom is not necessarily a better boom except for the advantage of preventing oil
       splashover in waves.  Booms can be classified as round, fence,  inflatable and self-inflating
       (FIGURES 6, 7, 8, and 9).  Each type has specific advantages and disadvantages which are
       illustrated in the figures.

       Booms are available in different lengths.  For spills in creeks and rivers, lengths of 100 and
       200 feet are recommended.  Each  section of boom  should be  supplied with connector  to
       extend the length as required.

       Anchor points should be constructed in the boom at several places along the length.   A
       maximum distance of about 100 feet between anchor points  is acceptable, with a 50-foot
       spacing preferable.   Some  booms are designed with handles to  assist in deployment and
       recovery.  Bright colors such as international yellow or orange make booms more visible,
       while dark colored booms are difficult to see, particularly at night. Dark colored booms can
       cause problems for the cleanup personnel and may present a navigational hazard.

       Several pieces of auxiliary boom equipment are important, such as line, tow bridles, boat
       attachments,  anchor sets, floats, shovels,  pipes  and a  sledge hammer.   Much of this
       equipment will be used in the field exercises on boom development.
6/92

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                                                Self Contained
                                                   Float
                                           Ballast  Bar
                                                &.
                                              Cable
Possible Advantages
 1.     Good wave
       conformance in chop
       and swell

 2.     Inherent reserve
       buoyancy

 3.     Tows well

 4.     Allows bottom tension
       design

 5.     Floats with punctures
          FIGURE 6
GENERALIZED ROUND BOOM

  Possible Disadvantages

   1.     Bulky to store

   2.     Not as easy to clean
   3.
Floats can be
damaged
                      Representative Types
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Kepner
Slickbar
Acme
Bennett
American Marine
Containment Systems
Parker Systems
Texas Boom
Abasco
American Boom and
                                                                Barrier
                                                          11.    Skimmex
                                                          12.    Versatech
6/92

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Possible Advantages

 1.     Easy to store

 2.     Abrasion resistant

 3.     Good freeboard
       performance

 4.     Can be stored on reels

 5.     Low cost

 6.     Light for its size
          FIGURE?
GENERALIZED FENCE BOOM

  Possible Disadvantages
   1.     Twists and corkscrews
         in wind and current
         (some models)

   2.     Poor towing
         characteristics (some
         models)

   3.     Poor wave conformity

   4.     May require stiffeners
         that can chafe or
         break

   5.     Little reserve
         buoyancy
Representative Types

 1.     Navy boom

 2.     Uniroyal

 3.     Bennett

 4.     Oilfence

 5.     Goodrich
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                     Rubber Impregnated
                     Nylon Fabric
                              Inflation Point
           Hollow Inflation
                 Chamber
                                     FIGURES
                        GENERALIZED INFLATABLE BOOM
Possible Advantages

 1.    Easy to store

 2.    Made in floating-
      sinking configuration

 3.    Good Wave
      conformity

 4.    Easy to clean

 5.    Small storage space
      requirements
Possible Disadvantages

 1.    Requires inflation
      prior to use

 2.    Requires deflation
      after use

 3.    Subject to puncture

 4.    Expensive

 5.    May have valve
      problems in freezing
      temperatures
Representative Types

 1.    Vikoma

 2.    Goodyear

 3.    Ro Boom
6/92

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                               Airafht
                                   khead
                                               Buoyancy
                                                 Chamber
                                                              (Deflated)
Possible Advantages
                                     FIGURE 9
                      GENERALIZED SELF-INFLATING BOOM
1.
2.
3.
4.

5.

Easy to store
Compactable
Easy to tow
Self-inflating

Good wave
conformity
1.
2.
3.

4.

5.
Possible Disadvantages

      Complex design

      Subject to puncture

      Subject to physical
      damage

      Expensive

      May have valve
      problems in freezing
      weather
Representative Types

 1.    Kepner

 2.    Bennett

 3.    Expandi
6/92
            10

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       Any  given boom will  normally fit into one  of the  four previously mentioned  general
       categories.  However, some booms, while they might fit into one of these four categories,
       often distinguish themselves from the others by distinct designs or other features.

       For example the Oilfence, generally considered  a fence boom,  is unique with its folding
       "paddle"  flotation units (FIGURE 10).  The  boom has some of the generic advantages
       associated with the typical fence boom.  Distinct advantages include the relative ease with
       which the boom can be stored, deployed and cleaned.  Also, the outrigger flotation units
       provide extra stability.   This boom has  an extraordinary amount of freeboard  to help
       minimize splashover.   Possible disadvantages include added complexity and more parts
       subject to damage, although experience has not shown this to be a problem.  This design will
       twist in high currents and has caused problems  where tug boats are used close to the boom.
     BARRIER
                                                         VERTICAL STABILIZERS
                                                         BOTH SIDES
                                       FIGURE 10
                                   OIL FENCE BOOM
       Most boom manufacturers offer at least one type of high current boom (FIGURE 11). This
       option consists of a round boom with short, solid containment skirts.   Below this short
       containment skirt the boom has a large open-weave mesh or net.  The netting, which allows
       water to pass through while the solid skirt material near the surface, is designed to contain
       the floating product. Distinct advantages include the boom's ability to remain stable in swift
       currents and to substantially reduce the current load on the boom in high currents.
6/92
11

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                                        FIGURE 11
                                HIGH CURRENT BOOM
       Floats

       Boom floats should be made of solid rather than granular material so that a puncture does
       not result in loss of floatation.  The floats should be constructed in relatively short segments
       to better conform to waves. Detachable floats are easy to repair but can be ripped from the
       skirt.  Floats within the skirt material eliminate metal or plastic connector straps but make
       replacement or repair difficult.  A round shape features a built-in reserve buoyancy and is
       more common than a square or rectangular shape. The  shape and size of the float can have
       a significant  effect on the ease  of deployment and  use.  Inflatable floats are subject  to
       puncture and valve malfunction but are very light weight and flexible.

       Tension Member

       Nylon belting is strong but may stretch more than other parts  of the boom.   Should this
       occur, the parts that stretch less could break.  For light service and short lengths, elaborate
       tension members may not  be necessary.

       Cables in a pocket of fabric or attached to the outside of the boom corrode and  break or fray
       and become dangerous to personnel handling the boom.  Chains in pockets chafe the fabric
       and eventually wear through unless extra care and expense are used to reinforce the fabric.

       Booms are available that  use the fabric  of the boom as the only tension member.   This
       arrangement  solves most of the problems associated with other types of tension members,
       except that these high strength fabrics are more expensive than the average boom fabric, and
       high tensile strength does not necessarily mean that the  fabric has higher tear  strength.

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       Ballast

       Ballast should be attached to a boom so that it does not shift or chafe the  skirt.  Multi-
       metallic fasteners promote electrolysis and subsequent corrosion. The ballast should be non-
       sparking and be heavy enough to keep the skirt nearly vertical in unexpected currents.  Some
       boom designs with stiff fabric and stable flotation do not use ballast.

       Skirt

       The skirt should be made of durable material that does not tear easily and resists chafing.
       The skirt should be designed to be  compatible in depth to  the float.   In any case, a skirt
       length over 18 inches is  rarely justified.  The owner's name should be stenciled on each
       section of boom or otherwise marked for easy identification to avoid confusion when more
       than one company supplies boom for cleanup.

       Skirts can be formulated or coated with an antifouling agent to retard marine growth if they
       are to be left in the water for long periods.

       Methods of Connection

       An ideal connector is one that could be used by one man from a small boat, is uncomplicated
       and quickly connected, would not have any small parts that  could be lost overboard,  would
       be leak-proof (close-coupled)  and  be of a unisex design.   ASTM developed a  standard
       connector based on the design of the Slickbar Slickhitch.  If several booms are used from
       different manufacturers, it is recommended that adapters be available to facilitate connection.

BOOM DEVELOPMENT

To  direct an effective  cleanup  operation,  a supervisor  must know  what factors  govern  boom
operation and understand how to minimize  the amount of oil that  splashes over or comes under a
boom. The three factors that affect oil containment by booms are:

       1.     boom design,

       2.     characteristics of  the oil, and

       3.     positional method of boom deployment.

Obviously, the  cleanup crew has no control over the type of oil spilled.  When a spill occurs, the
cleanup crew must use the available equipment.  The first  two  factors  listed  above should be
considered when acquiring a boom. Booms  should be purchased which are compatible with the type
of oil that may be spilled and with design features that work well in the stream, river, or other type
of water at a particular facility.  After a spill occurs, the  cleanup crew has only the third variable
to use to its advantage.

As discussed previously, oil carryunder will decrease as the velocity of the water perpendicular to
the boom decreases.  In currents  above about 0.5 knots, the only way booms can be used effectively
is by placing them  at angles to  the current.   For any given  stream  condition, the  velocity


6/92                                         13

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perpendicular to the boom will depend on how the cleanup crew angles the boom to the current.
FIGURE  12 is a guide for selecting angles  for use in various currents.  The figure  is based on a
maximum water velocity perpendicular to the boom of 0.7 knots.  As an example, if the velocity of
the current in a stream is two knots the boom should be set at a 24 degree angle with the bank.
           I
           I
           .a
           >
           I
              400
              300
              200
               100
                      10     20     30     40     50     60

                                     Boom Angle to Bank in Degrees
                                                            70
                                                                  80
                                                                        90
                                       FIGURE 12
                      BOOM ANGLES FOR VARIOUS CURRENTS

The force on a boom caused by the current is significant.  The force can be calculated using the
following formula:2

                                  Fc = 1.92x(Vc)2xDft
              Dfl
Force due to current in pound per linear foot of boom
Current velocity in feet per second
Boom skirt depth in the water in feet
Assuming the worst possible case where the boom is placed perpendicular to the current, the load
on rope and anchors can be calculated.  For example, if 500 feet of a 24 inch boom which has a 16
inch skirt is stretched across  a stream which has a 2.11 feet/second current, the equation will
estimate

              Fc      =     1.92x(2.11)2xl.33
              Fc      =     11.39 Ibs/foot
              Ftotal   =     11.39 x 500' = 5,695 Ibs.
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                14

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Although the figure estimates the worst case, it is useful in planning the types of anchors, ropes,
boats, etc. that could be used during a spill (TABLE 1).
TABLE 1
CURRENT LOAD IN POUNDS PER LINEAR FOOT OF BOOM
FOR VARIOUS SKIRT DEPTHS
Current Speed
Knot
0.5
1.0
1.5
2.5
Ft. per Minute
51
101
152
253
Ft. per Second
0.84
1.69
2.53
4.22
Skirt Depth
6"
0.68
2.74
6.15
17.10
12"
1.35
5.48
12.29
34.19
24"
2.71
10.96
24.56
68.33
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15

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The wind force can also add to boom loading, but compared to current, wind is usually negligible.
In high winds, it is unlikely that a boom will be effective because of large waves.  Also, human
safety and equipment damage are  concerns.  Wind force can be calculated with the following
formula.2

              Fw     =      .00339 x Vw x Hft
              Fw     =      Force due to wind in pounds per linear foot of boom
              Vw     =      Wind velocity in knots
              Hft     =      Height of boom above the water in feet

             Approximate Safe Working Loads/Tensile Strengths of New Rope

       Rope                  Manila                  Nylon                Polyester
       Inches                 Pounds                 Pounds                Pounds

      Diameter             #1 (3 Strand)             (3 Strand)              (3 Strand)

        5/16                 200/1000               500/2500              500/2500
        3/8                  270/1350               700/3500              700/3500
        7/16                                        1140/5700
        1/2                  530/2650               1250/6250             1200/6000
        5/8                  880/4400             2100/10500             1950/9750
        3/4                  1080/5400               2750/5400            2300/11500

Towing load can be significant when a boom is anchored on one end and pulled against the current.
Boats must have sufficient horsepower and be properly rigged to tow. Lines must be capable of
withstanding the forces, and the boom must have a tension member capable  of high loads.  If the
boom is extended behind the tow boat and pulled free in the current, there is only the frictional drag
along the boom.  Because this drag is a function of boat speed, proper motor size becomes a function
of boom size and length, boat size and water velocity.  Although free towing drag is  low, when one
end of the boom is anchored  to the shore a small boat may be incapable of positioning the boom
because of the high current drag exerted on the boom.  The boom must also be able to withstand the
forces. The tension member must not become detached from the boom due to differential expansion.
Attempting to moor a boom in a straight line across a current (i.e., 90 degrees) is not recommended.
The result is a sag in the boom that will trap free floating oil at a point inaccessible to the shore.
In swift currents the resulting forces on moorings can cause large lines to break and present possible
safety hazards.  The current can be so swift that the boom may tend to dip and become completely
or partially submerged.  If this happens, the boom's position should be readjusted. The total force
on the moorings points will be a combination of the forces caused by currents, wind and waves.

Boom positioning is an important subject.  The first step is to decide where  the boom should be
located.  It is likely that the boom would be on an angle to the current; therefore, the prime concern
becomes the location of upstream  end.   If the selected  upstream  location is inaccessible, a spot
further upstream can be used  for access  and  the  boat and boom allowed to  drift to the  selected
mooring location.  The boom may be secured  to trees,  stakes, anchors or other solid objects.


6/92                                       16

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Unless there is little or no current, there will always be a sag in the boom.  The objective is to
reduce the sag sufficiently to provide easy  collection access.  Intermediate anchor points may be
needed to lessen the load on the end mooring points and to reduce the sag.

FIGURE 13 shows a typical mooring set up with anchor, chain, rope, float and boom.  The chain
acts as a shock absorber, provides ballast and keeps a low angle between the bottom and the anchor
line.  The float keeps the end of the boom from being submerged.
                                            Float     /> Water Surface
                          /
                         /            x             Anchor Line
                  V Boom                \_/^    Recommended Length
                                                       5-10 ft.  Water Depth
                                                           6 Feet of Chain
                                                            Anchor
                                                                  Danforth
                                                                   Type Anchor
                                       FIGURE 13
                    TYPICAL ANCHORING SYSTEM FOR A BOOM

A practical boom location will meet the following criteria:

        1.     accessible by truck or boat so that the cleanup crew can collect and remove
              the oil
        2.     in the path of the oil so that the oil will be intercepted
        3.     have low to moderate currents which  will  facilitate handling and collection
              and reduce stress.

       Spills in  Creeks

       Deep draft booms should not be used for spills in shallow creeks, streams or ponds.  They
       may be ineffective because they act as a dam,  causing the boom to lie flat or to back up the
       water to such an extent that it overflows the boom. If the water is too shallow, the stream
       might be deepened by  a  dragline  or backhoe,  or by  constructing  a temporary  dam
       downstream.  These techniques may require  permission of local  or state  agencies.   This
       equipment can also be  used to dig an oil collection pit (FIGURE 14). Oil can be directed
       by a boom to the pit for  recovery.
6/92

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                                                         OIL COLLECTION
                                                                PIT
  SPACE OIL BOOM
    4 FT. APART
                                  FIGURE 14
              OIL COLLECTION PIT SHOWING BOOM PLACEMENT

      Alternatives to expensive commercial booms may be field fabricated. These "homemade"
      booms use similar designs as  commercially available booms, but instead  of plastic and
      rubber, use materials such as fiberglass, plywood,  metal sheeting or metal  flashing.  One
      simple design uses metal roll flashing with one foot  long 2x4 floats spaced about 16 inches
      apart (FIGURE  15).  Floats are attached alternately.
                                  FIGURE 15
                           METAL FLASHING BOOM
6/92
18

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       NOTE:  Floats  should be sufficient to provide adequate flotation and attached above the
       midpoint of the flashing.

       Another device which can be used consists of wooden or metal stakes driven into the ground,
       spaced across a water body.  Board, planks, or metal sheets can be nailed, bolted, or tied to
       the stakes at the surface to contain oil  (FIGURE 16).

       If sorbent is placed ahead of the dam,  a sorbent filter fence has been created.

       Another kind of filter fence may  be  constructed by using chicken wire and stakes with
       synthetic sorbents or loose straw upstream of the fence. The fence should be constructed
       perpendicular to the current so that the  sorbent will remain distributed along the entire length
       and not be  carried to the edge  of the  creek.  For very small creeks, a log  can be placed
       across the water.  Sorbents can be placed ahead of the log.
                                       FIGURE 16
                                WOODEN FENCE BOOM
       In small creeks a dam might be constructed with an underflow pipe or conduit (FIGURE 17,
       18, 19, Tables 2 and Graph 1).
6/92
19

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                       OIL
                          FIGURE 17
                   DAM WITH UNDERFLOW PIPE
                                            Level of
                                            Dammed
                                          \ Water

                                            Plastic
                                            Sheeting
                                            Plywood or
                                            Rocks
                          FIGURE 18
                       UNDERFLOW DAM
6/92
20

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              One or More
              Barriers in Front
              of Pipe
              OH
             Water
             Flow
                         FIGURE 19
                    HORIZONTAL PIPE DAM
6/92
21

-------An error occurred while trying to OCR this image.

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                                        GRAPH 1
                         UNDERFLOW DAM PIPE SIZE GRAPH
                 40
                 30
                 20
                 10
I
co
I
    30*
                          27*
    (2)-18*
                          (2)-16'
(2)-14'
                          16'
                          12*
                                     5           10           15

                                     Cross Sectional Area of Stream in Square Feet
                                                     29
       This design consists of a length of pipe or culvert placed parallel to the direction of water
       flow with the upstream end lower than the downstream end as shown in the drawing.  The
       dam can be constructed with a shovel, dragline, backhoe, or bulldozer.  The objective is to
       pass water through the pipe, but retain the floating oil. The pipe must  be large enough to
       allow water to pass without backing up to a depth greater than the dam.  Several pipes at
       various depths or  side by side may be used in the dam to carry the required flow.  An
       alternate method is to add a valve downstream on a level pipe to control the water flow.

       Culverts in a creek will serve as  a barrier for oil if the entire culvert  is below the water
       surface.  Existing culverts can be utilized at  some locations along a creek by damming the
       creek downstream  and thereby raising the water level above the top of the culvert.

       Spills in small creeks and ponds can also be contained by dams built of hay bales. The bales
       should be placed touching each other and perpendicular to the flow to contain and sorb the
       oil.  Bales must be removed and disposed of as necessary.  Hay bales are very heavy when
       soaked with oil and water and may present a handling  and disposal problem.

       Some additional illustrations are listed as seen in FIGURES 20-25.
6/92
                       23

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                          FIGURE 20
                         ICE SLOTTING

Ice
Oil



Ice
                Flow
                           FIGURE 21
                   OIL COLLECTION IN ICE SLOT
6/92
24

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                                         . tx»e o* KUL DAM
                                         AftOUNCORNING
                      OIL
                        7
    ncofc
\\ K.YWOOD SHEET
                                  - MANHOLE
                                   COVER
                           PROTECTION BAJUUER FOR MANHOLE
                               FIGURE 22
                   PROTECTION BARRIER FOR MANHOLE
              BOARD
         FRONT VIEW
                                OIL
                                                         HARTH DAM
                                                 BOARD
               SIDE VIEW
                               CULVERT
                               FIGURE 23
                              CULVER WEIR
6/92
     25

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                                              WIRE MESH
                        STRAW BALES
                              OR BRUSH
                                 OR PEAT MOSS ETC
                             FIGURE 24
                      WIRE FENCE FILTER BOOM
6/92
26

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If-*-'-
                                      BOARD
                 EARTH DAM
                                                OIL
                             SIDE VIEW
       EARTH DAM
                                             BOARD
                                             y \j
                          FRONT VIEW
                     EARTH DAM AND WEIR
                                                         OIL
        EnvironmtnaJ Emerfency Branch, Environmental Protsction Service, Canada
                                  FIGURE 25
                            EARTH DAM AND WEIR
6/92
27

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      Spills in Rivers

      River spills may require more than one boom because strong currents or turbulence may
      cause oil losses beneath the boom. Booms should always be angled, otherwise a pocket will
      be formed in the center of the river and the loads can be excessive on the boom, mooring
      lines and anchors (FIGURE 26). Booms deployed completely across a river will hamper
      boat and  ship traffic.  Remember, oil slicks moving down a river will eventually drift to
      either side of the channel.
                              OIL
                                              OIL
                              BOOM
                                   FIGURE 26
               BOOM FAILURE DUE TO IMPROPER DEPLOYMENT
      By placing several booms at strategic points along the river one can take advantage of the
      oil's tendency to accumulate naturally in certain areas (FIGURE 27).
                                        CONTAINMENT BOOM

                                        -  BACKUP BOOM
                                   FIGURE 27
           BOOM LOCATION ALONG THE OUTSIDE BENDS IN A RIVER
6/92
28

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      Strategic locations can be the wide places in the river (pools) where the current speeds are
      lower and booms are likely to be more effective.  Bends are also convenient places in the
      river where the floating oil can be more easily intercepted.

      Booms used in rivers usually do not need a skirt deeper than 12 inches. However, floating
      debris is a problem in large rivers.  Debris  can destroy booms  and release oil already
      contained.  It may be necessary to keep a patrol boat upstream of booms to protect them
      against floating objects.  Debris booms may also be required (FIGURE 28).
                                      FIGURE 28
                  DEBRIS BOOM MADE OF LOGS WITH CHAIN OR
                          CABLE STRUNG THROUGH A PIPE
       Spills in Lakes, Estuaries, and Bays

       Containment of oil on lakes and bays is complicated by the special problems caused by river
       currents, boat traffic, wind and tides.  Changes in wind velocity and direction will effect the
       movement of oil. FIGURE 29 illustrates the steps that can be taken to contain an oil spill
       in a lake or bay. After the cleanup crew deploys a boom at the proper angle  downstream
       from the spill, as shown in the first drawing, a second boom is deployed as a backup in case
       any oil flows from wind generated currents.  A third boom is deployed upstream of the first
       to completely contain the spill, as  shown in the third drawing.  As the oil is skimmed from
       the pocket, the boom crew could begin taking in the boom to reduce the size of the pocket
       and contain the oil in a smaller area.
6/92
29

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                                                           Wind
                                      FIGURE 29
                     BOOMING A SPILL IN WINDY CONDITIONS
      Spills in the Ocean

      The most common approach for ocean spills utilizes large booms with ocean-going skimmers
      (see the section on skimmers).  Large, strong booms are needed for this type of service.
      Many booms designed for offshore use are inflatable.   Deployment time  is not greatly
      increased with inflatable boom. Inflation usually takes place automatically with deployment.
      Some inflatable types are fabricated of vulcanized rubber-coated fabric which is sturdy and
      shows good tensile strength, tear strength, abrasion resistance and puncture resistance.

      Cleaning and Storing Boom

      Booms  can be stored in several ways. A convenient method is on the deck of a boat so that
      it can be deployed as needed.  When this is not available, the boom can be stored on a dock
      or barge and pulled into the water using a ramp or roller which provide some protection from
      wear and tear.  Booms may also be stored in the water  by  attaching  segments to anchors.
      Considerable lengths of booms can be stored in the water in a small area by folding sections
      back and forth similar to the way fire hoses are stored on trucks. One major disadvantage
      is the formation of marine organisms on the boom which add weight and drag.

      Booms  can be cleaned by separating the boom into sections and laying each  section out on
      a clean sloping surface.  Oil  can be removed by washing the boom with water and steam
      spray.  The boom washing area should direct the wash water to a sump where the oil can be
      collected. Cleaning a boom coated with heavy layers of viscous oil may be a time-consuming
      and expensive process.
6/92
30

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SUMMARY

Containment devices are designed to contain oil floating on the surface  of water.  A properly
installed containment device should contain the oil and cause the oil to move to a selected location
where it can be removed from the water surface. Air barriers use currents  and a mound of air and
water generated by air bubbles to contain oil.  They work best in little or no currents.

Barriers constructed of sorbent materials can be effectively used in creeks.  Dams and culverts are
also useful in stopping the movement of oil slicks.  Series of booms are normally used in spills in
rivers and other large bodies of water because it is difficult to contain or divert large spills with one
boom, especially when high currents are involved.

Booms are often stored on the deck of a boat or barge which facilitated deployment.  Booms are also
stored on  docks which lends itself to deployment using a ramp or roller to assist in launching and
recovery.

BOOM SELECTION CHECKLIST

 1.     Booms  should be operational in waves  with height to wavelength ratios of 8:1.  Booms
       should work in winds equal to a Beaufort Force 5.

 2.     At an effective  current velocity of 0.7 knots, the skirt should remain within 20 degrees of
       the vertical.

 3.     The boom should be capable of being deployed at a 5 knot rate.

 4.     The boom should be capable of being towed at 10 knots in a straight line without twisting.
       It  should follow  behind a maneuvering tow boat without twisting at 2 knots.

 5.     Sections should be capable of being connected  and disconnected, without nuts and bolts or
       tools, from a small  craft in not over two minutes.

 6.     Recovery and storage should be able to be accomplished by not more than three trained men.

 7.     In calm water the boom should have a freeboard of at least 41A inches.

 8.     the boom should allow 180 degrees folding at least every  10 feet of length or less.

 9.     The boom should have reserve buoyancy of at least 200 percent.   The buoyancy should
       double within 18 percent of the normal  water line.

10.     The boom should have at least a 0.2 percent UV oxidizer/inhibitor coating or be capable of
       withstanding two years continuous  exposure to direct  sunlight.

11.     The flotation should have a smooth surface and must be puncture resistant.

12.     Puncturing or cutting of a foam float section should not significantly reduce flotation or allow
       escape of flotation.


6/92                                        31

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13.    The flotation should be an integral part of the entire boom.

14.    Flotation should be closed cell foamed plastic resistant to hydrocarbons.  Granular type
       flotation material is not recommended.

15.    The color should be international orange or yellow or another bright color.  (Some locations
       use orange to identify medical waste.  This color may become a poor choice for pollution
       control equipment).

16.    Skirt fabric should show good break strength, abrasion resistance and be oil resistant.

17.    The base fabric for the skirt should be high strength and U-V stable.

18.    No laminated materials should be used in the skirt.

19.    Stiffeners should not rust and should not wear through or puncture the fabric after use in the
       water with normal wave action.

20.    The boom should  be  capable of  a direct tensile load,  end-to-end, of not less than 3,000
       pounds.

21.    The primary tension member should not elongate more than 10 percent at 60% of its ultimate
       tensile strength.

22.    Tension members  should be attached to the boom flotation  at no less than six points every
       10 feet.

23.    Tension  members should not be located where  they  would prevent the freeboard from
       remaining vertical when the boom is used perpendicular to a 0.7 knot current.

24.    Ballast must be non-sparking.  If cable or  chain is used, it should be designed  to prevent
       chafing.

25.    The ballast should not collect static electricity.

26.    For a 0.7 knot current, the following minimum ballasts are  recommended per linear foot of
       boom:

                     Skirt Depth                              Ballast Ibs/ft of boom

                         6"                                          0.33
                         8"                                          0.44
                         10"                                          0.54
                         12"                                          0.75

27.    The ballast should not be  rigid for more than four inches in any one piece.
6/92                                         32

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28.    Anchor points should be placed every 100 feet on both sides and directly connected to the
       tension member.

29.    End connectors should not permit oil leakage.

30.    End connectors constructed of metal should only use stainless steel, anodized aluminum or
       other strong non-corroding material.

LIST OF COMMON BOOMS

The following list of boom types is intended as a guide for the trainee and is not for the purposes
of recommending a particular brand. Because of space limitation, not all types are included in the
list.  If a type is not included, this does not mean that the boom should not be used.  The following
classification system can be used to distinguish among booms appropriate to inland water, bays and
ocean service based on freeboard and draft.

   Classification               Service                Freeboard                 Draft

         I
        II
       III

LITERATURE CITED

 1.    Jones, W.T.,  1970.  Air barriers as oil spill  containment  devices.  Paper #SPE 3050,
       presented to Petroleum Engineers of AIME.

 2.    Smith, M.F., 1975.  Planning - Equipment and training for oil pollution  control.  Slickbar
       Inc. 98 pp.

 3.    Texas A & I University  at Corpus Christi. Spill training and educational  program.  United
       States Energy Research and Development Administration Contract No. E-(40-l)-4995.

 4.    Breslin,  M.K.,  1981. Using coherent water jets to control oil spills. EPA-600/52-81-141.
       Environmental Protection Agency, Washington, D.C.

 5.    Slickbar Corp., 1981. Handling the Slickbar oilboom.

 6.    Oil  spill cleanup manual, volume IV.   Oil Spill cleanup  technology:   equipment and
       techniques. Exxon Corporation 1982.
Inland Water
Bay
Ocean
4-10'
10-18'
18' & above
6-12'
12-24'
24' & above
6/92                                        33

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                        ADDENDUM TO LIST OF BOOMS
           Manufacturer
            Model
Class
 3M Company
 Ceramic Materials Department
 Building 225-4N
 3M Center
 St. Paul, MN 55144
 612/733-1558

 ABASCO
 American Boat & Skimmer Company
 363 West Canino Road
 Houston, TX 77037
 713/931-4400

 Acme Products Company
 2660 N. Darlington
 Tulsa, OK  74115
 918/836-7184


 Advanced Technology Center
 A Division  of GemEng Ltd.
 1200 Aerowood Drive
 Unite 35
 Mississauga, Ontario  L4W 2S7
 416/629-1991

 Alba International Ltd.
 Leading Light Building
 142  Sinclair Road
 Torry, Aberdeen
 Scotland, U.K.  AB1 3PR
 44/224-989199

 AHMaritim A/S
 Bredsgaarden-Bryggen
 5003 Bergen, Norway
 47/596-0480

 Ajit Shah, Inc. (ASI)
 1326 West  12th Street
 Long Beach, CA 90813
 213/436-0211
Swamp Boom (SSB)
Protected Harbor Boom
Debris Bar, Harbor Boom
Harbor Boom


Acme Mini-Boom
O.K. Corral 6 x 12 Heavy-Duty
O.K. Corral 6 x 12
O.K. Corral 12 x 24
O.K. Corral 12 x 24 Heavy-Duty

High Temperature Boom
Diab-Barracuda Disposable Boom
Expandi Harbor Boom 2000
Expand! Harbor Boom 3000
Expandi Ocean Boom
Expandi Sea Boom
  I
  I
  II
  II

  I
  I
  II
  II
  II

  II
   I
   I
   II
  III
  III
6/92
     34

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                         ADDENDUM TO LIST OF BOOMS
           Manufacturer
            Model
Class
 American Boom & Barrier
 Corporation
 8052 Astronaut Blvd.
 Cape Canaveral, FL 32920
 305/784-2110
 American Marine Inc.
 P.O. Box 940
 401 Shearer Boulevard
 Cocoa, FL  32922
 305/636-5783


 Applied Fabric Technologies, Inc.
 227 Thorn Avenue
 P.O. Box 575
 Orchard Park, NY  14127
 716/662-0632
Mini Boom
CG-1 Standard
Contain-it
Mark I-A
Mark I-A-22
Mark I XR58
Mark I Boom - Industrial
Industrial - Series Standard
Mark II Oil  Boom
River Boom
XR58
Mark II-A Light Duty
Mark II-A Current Boom
Mark II-A XR58
Mark IV
Mark II-B Current Boom
Heavy Duty
Mark III-B Heavy Duty
Mark HI-C & Stern Boom
Mark III-A Heavy Duty Sea Boom
Mark III Heavy Duty Sea Boom
Mark II Heavy Duty Sea Boom

Swamp Boom
Minimax
Simplex
Optimax
Maximax
Supermax
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  II
  II
  II
  II

  I
  I
  I
  II
  II
  III
6/92
    35

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                         ADDENDUM TO LIST OF BOOMS
           Manufacturer
             Model
Class
 Aqua Guard Technologies
 1130 West Fender Street
 Suite 200
 Orchard Park, NY  14127
 604/681-3773


 Aquaphysik
 Friedensstrasse 215
 D-415o Krefeld 11
 West Germany
 49/2151/270885

 Bennett Environmental Cons., Ltd.
 1130 West Fender, Suite 200
 Vancouver, BC V6E 4A4, Canada
 604/681-8828

 Bennex A/S
 N. Tollbodkai
 P.O. Box 1992
 N-5011
 Bergen-Nordnes, Norway
 05-32 41 60

 Bregoil Sponge International Inc.
 P.O. Box 595
 Fredericksburg, VA 22404
 703/373-3482

 CECA S.A.
 Division Ingenierie SAPEC
 Avenue Alfred Nobel
 Lot.I'Echangeur
 64000 PAU France
 59-02.94.40
Liteflex A
Liteflex B
Liteflex C
Harborflex A
Harborflex B
Permaflex

Nessie Half-Size
Nessie Full-Size
NOAS 300 X
NOAS 450 X
NOAS 600 X
NOAS 800 N
NOAS 1000 N
Delta
Devipol
  I
  I
  I
  II
  II
  II

  III
  III
  II
  II
  III
  III
  III
   I
  III
6/92
     36

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                         ADDENDUM TO LIST OF BOOMS
           Manufacturer
             Model
Class
 Containment Systems Corporation
 658 South Industry Road
 P.O. Box 1390
 Cocoa, FL  32922
 305/632-5640
 Crowley Environmental Services
 3400 E. Marginal Way South
 Seattle, WA  98134

 Diab-Barracuda

 Engineered Fabrics Division
 (Formerly Goodyear Aerospace)
 669 Goodyear Street
 Rockmart, GA 30153
 404/684-7855

 Duxbury Offshore Inc.
 52 Josselyn Avenue
 P.O. Box 6 SHS
 Duxbury, MA 02331
 617/934-7301

 Environetics, Inc.
 9824 Industrial Drive
 Bridgeview, IL 60455
 312/430-4740

 Geotechnical  Resources Ltd.
 4500 5th Street NE
 Calgary, Alberta
 Canada T2E 7C3
 403/230-4128
4x6 Boom
Fence Boom
River Boom
Performance Boom
Contractor Boom
Compactable Boom
Harbor Boom

Petro Barrier 18 inch
Petro Barrier 24 inch
Petro Barrier 36 inch

Disposable Boom
Duxboom 15
Duxboom 18
Duxboom 24
Duxboom 36


BOA Boom II
BOA Boom III
BOA Boom I


70 inch
39 inch
  I
  I
  I
  I
  I
  I
  II

  II
  II
  II
  I
  I
  I
  II


  I
  I
  II


  III
  III
6/92
     37

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                         ADDENDUM TO LIST OF BOOMS
           Manufacturer
             Model
Class
 Glove International Inc.
 1400 Clinton Street
 Buffalo, NY  14206
 716/824-8484
 Goodyear Aerospace Corporation
 Engineered Fabrics Division
 Rockmart, GA  30153
 404/684-7855

 Hans A. Mathiesen
 Mattssonprodukter
 P.O. Box 667
 S-451 24 Uddevalla
 Sweden
 + 46 522 36 400

 Hurum Marine Inc.
 981 Rue Pierre Dupuy
 Suite 121
 Longueuil, Quebec
 Canada  J4K 1A1
 514/463-0160
 Hyde Products, Inc.
 28045 Ranney Parkway
 Cleveland, OH 44145
 216/871-4885
GlobeBoom
GlobeBoom VHW/UHW
GlobeBoom
GlobeBoom VHW/UHW
Pyroboom
Oilfence 16
Oilfence 24
Oilfence 36
Oilfence 48

9-18 Pier Boom
12-24 Offshore
14-24 Offshore
Flexy 2-14
Flexy 2-18
Flexy 3-10
Flexy 3-18
Flexy 4 ESF-14
Flexy 4 ESF-18
Flexy 4 ESF-24
Flexy 2-24
Flexy 2-12
Flexy 3-24
Flexy 3-36
  I
  I
  I
  I
  I
  I
  II
  II
  II

  II
  II
  III
  I
  I
  I
  I
  I
  I
  I
  II
  II
  II
  II
6/92
     38

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                         ADDENDUM TO LIST OF BOOMS
            Manufacturer
             Model
Class
 Jackson Trawls Ltd.
 Blackhouse Industrial Estate
 Peterhead, Scotland, U.K.
 0779-78383

 JPS/Oiltrol, Inc.
 Foster Pond Road
 Box 500
 Bristol, NH 03222
 603/744-6400

 Kepner Plastics Fabricators
 3131 Lomita Boulevard
 Torrance, CA 90505
 213/325-3162
 McDonald R. David, Inc. (MRD)
 2649 Kilmarnock Crescent
 North Vancouver, BC
 Canada  V7J 2Z3
 604/980-4918

 Megator Corporation
 562 Alpha Drive
 Pittsburgh, PA  15238
 412/963-9200

 Morris Industries
 1527 Columbia Street
 North Vancouver, BC
 V7J 1A3 Canada
 604/986-2189
Seacurtain 141808 RF
Seacurtain Reelpak 1115 RP
Seacurtain Reelpak 1418 RP
Supercompactable 1115 CHF
Supercompactable 1418 CHF
Reelpak Firegard 1115 FG
Reelpak Firegard 1418 FG
Reel Pak
Supercompactable 1823 CHF
Seacurtain Compactable 1823
DF
Seacurtain 182308 RF
Seacurtain 243620 RF
Compactable Seacurtain 2436 DF
Mini-boom
MI-12B
MI-20B
  II
  II
  II
  II
  II
  II
  II
  III
  III
  III

  III
  III
  III
6/92
     39

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                        ADDENDUM TO LIST OF BOOMS
           Manufacturer
Model
Class
Norpol Environmental Service          350 (Sea)                               II
P.O. Box 120                        250 (Harbour)                           II
N-1364 Hvalstad                     Nordan Oil Boom 600 Ocean              III
Norway
+47 2 845760

O.M.I. Ltd. Pollution Control
UnitG
22 Morley Road
Tonbridge Kent
England, U.K. TN9 IRA
44/732-352125

Offshore Devices, Inc.                Harbor Oil Containment Barrier           II
Bldg. 6A                            High Seas Oil
Summit Industrial Park                Containment Barrier                     III
Peabody, MA  01960-5199
617/532-3341

Oil Mop, Inc.
P.O. Box 820
Belle Chasse, LA 70037
504/394-6110

Oilchem Recovery Denmark
Pollution Combatting Systems AS
Wilders Plads, Bygning O
P.O. Box 9033
 1022 Copenhagen K, DK-1401
Denmark
45-1-95-70-95

OSR Systems Ltd.
808-2829 Arbutus Road
Victoria, BC
Canada V8N 5X5
604/598-8940

 Parker Systems Inc. Bantam           Basin                                   I
 P.O. Box 1652                      Mark II Model O-RD                     I
 Norfolk, VA 23501                  Mark II Model O-HD                     I
 804/485-2952                        SpillMaster 24"                          II
                                    SpillMaster 36"                          II

6/92                                    40

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                        ADDENDUM TO LIST OF BOOMS
           Manufacturer
            Model
Class
 Rhin. Rhone
 7, rue du Cirque
 75008 Paris
 France
 16.1.225.90.10

 A/S Roulunds Fabriker
 Hestehaven, DK-5260 Odense
 S
 Denmark
 09 11  55 15


 AB Sandvik Process System
 Hedasvagen 55
 S-811  Sandviken, Sweden
 026-270950

 Skimmex Oil Pollution Control Ltd.
 270 Earls Court Road
 London, SW5 9ASX, U.K.
 01-370 3315
IRHR Type 22
Variant type 22
Type 13
RO Boom
RO Boom 100 Harbour
RO Boom 1500 Bay
RO Boom 200 Ocean
RO Boom 2200/1 Ocean
RO Boom 2200/11

SSB 600
SSB800
SK4-6-12D
SLB9-12-40A
SK6-6-30BN
SK9-12-30-BLM
SK4-6-12B
SK6-6-30B
SK9-12-30B
SK6-6-30AN
SK9-12-30AN
SK4-6-12A
SK6-6-30A
SK9-12-30A
SK12-18-50A
SK18-20-50A
SK12-18-50AN
SK12-18-50B Standard Boom
SK12-18-50BN
SK50-6-12AB
  I
  II
  III
  III
  III
  III
  II
  II
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  II
  II
  II
  II
  II
  II
6/92
    41

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                          ADDENDUM TO LIST OF BOOMS
            Manufacturer
             Model
Class
 Slickbar, Inc.
 250 Pequot Avenue
 Southport, CT  06490
 203/255-2601
Light MK12A (12" overall)
Standard MK12A (12" overall)
Heavy MK12A (12" overall)
Ex. Heavy MK12A (12" overall)
Light MK12A (14" overall)
Standard MK12A (14" overall)
Heavy MK12A (14" overall)
Extra Heavy MK12A (14" overall)
Light MK12A (16" overall)
Standard MK12A (16" overall)
Heavy MK12A (16" overall)
Ex. Heavy MK12A (16" overall)
Light MK12A (18" overall)
Standard MK12A (18" overall)
Heavy MK12A (18" overall)
Ex. Heavy MK12A (18" overall)
Light MK10 (18" overall)
Standard MK10 (18" overall)
Heavy MK10 (18" overall)
Ex. Heavy (18" overall)
Light MK10 (16" overall)
Standard MK10 (16" overall)
Heavy MK10 (16" overall)
Ex. Heavy MK10 (16"  overall)
Light MK10 (12" overall)
Standard MK10 (12" overall)
Heavy MK10 (12" overall)
Ex. Heavy MK10 (12"  overall)
Light MK10 (14" overall)
Standard MK10 (14" overall)
Heavy MK10 (14" overall)
Ex. Heavy MK10 (14"  overall)
MK E 10" overall
MK E 18" overall
MK E 24" overall
Standard MK7 24" overall
Standard MK7 36" overall
Standard MK7 48" overall
Standard Flotation MK8 24"
Standard Flotation MK8 48"
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
  I
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  I
  I
  I
  I
  I
  II
  II
  II
  II
  II
6/92
     42

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                         ADDENDUM TO LIST OF BOOMS
            Manufacturer
             Model
Class
 Sunshine Technology Corporation
 2475 Albany Avenue
 West Hartford, CT  06117
 203/232-9227

 Tammiholma OY
 PL39, 00401
 Helsinki, Finland
 90 578 055

 Texas Boom Company, Inc.
 1304 Langham Creek Drive
 Suite 218
 Houston, TX  77084
 713/492-7963

 Trelleborg AB
 Protective Products Division
 S-231 81 Trelleborg
 Sweden
 International + 47 41051000

 Versateen Products Inc.
 8070
 Winston Street
 Burnaby, British Columbia
 Canada V5A 2H5
 604/420-7755
Mini Sea Boom
Fast Response S-B
Permanent Sea Boom

AKI Oil Prevention Booms
Trellboom Sea Boom 850
Trellboom Bantam 750
Trellboom Ocean Boom 1400
Trellboom Universal  1050
Trellboom Giant 1500

River 6/6
River 7/7
River 7/11
Nav Pak 7/11
Zoom 7/11
Inshore 24
Inshore 36
General Purpose 9/15
General Purpose 12/18
River 9/11
Nav-Pak 9/15
Nav-Pak 12/18
Nav-Pak 18/18
Zoom 12/18
Zoom 12/18
Permanent Harbor Boom 18
Permanent Harbor Boom 24
Permanent Harbor Boom 30
Permanent Harbor Boom 36
Zoom 24/24
  I
  I
  II

  II
  II
  II
  III
  III
  III
  I
  I
  I
  I
  I
  II
  II
  II
  II
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  II
  II
  II
  II
  II
  II
  II
  II
  II
  III
6/92
    43

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                       ADDENDUM TO LIST OF BOOMS
          Manufacturer
       Model
Class
Versatech Products, Inc.
2479 Bellevue Avenue
West Vancouver, BC
Canada  V7V 1E1
604/922-5357
6/92
44

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                                    SECTION 10

                                       PARTI

             PHYSICAL AND CHEMICAL TREATMENT OF OIL



NEED TO OBTAIN GOVERNMENT APPROVAL

According to the National Contingency Plan (NCP), chemicals,  including biological and burning
agents, can be used only with specific approval from the On-Scene Coordinator (OSC).  The OSC
can only approve products that are listed  on the NCP Product Schedule.  The EPA maintains the
Schedule and a list of products with data provided by the manufacturer.  This Schedule is listed for
you in appendix 3 of this section. In some locations, several companies and co-ops have received
prior approval to use collecting agents under specific circumstances.  An  OSC  should be familiar
with areas that have prior approval for the use of chemical agents.



BURNING AGENTS

Burning of oil needs to be mentioned because it presents such an inviting solution to oil spill cleanup.
The Regional Response Team (RRT) approves the use of burning as a means  to cleanup a spill.
Since oil is a volatile compound, why not burn it?  Theoretically, burning should be quick, nontoxic,
and economical.

Unfortunately, the solution is not simple because spilled oil spreads quickly  into a thin layer. As this
occurs, the volatile fractions  of the oil quickly evaporate. The remaining oil spreads over large areas
into thin, broken patches and some emulsions form. All of these factors make oil difficult to ignite.
Even  if a  wicking agent is  added, only a portion of the oil will burn because  heat is transferred
rapidly from the flame to  the water beneath the oil.  Attempting  to burn oil on water can  be
hazardous  to personnel starting the fire, can result in clouds of unsightly black smoke, and to date
there is no field data which indicates burning agents work. While  the problems associated with such
a burn are chiefly cosmetic (black smoke,  unburned residue), it may be better to  spend the time and
resources in recovering the oil by conventional means.

Burning may be useful for removing both spills  on ice and oily debris along small creek banks in
some special cases. However, burning necessitates having trained personnel start the fire and closely
monitor it to ensure the safety of people and property. Since burning oil creates some problems,
most  states require  prior approval, except in cases of emergency  (immediate danger to  life  or
property).
6/91

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BIOREMEDIATION AGENTS

Subpart J of the NCP (40 CFR 300.900) defines biological agents  as  "microbiological cultures,
enzymes, or nutrient additives that are deliberately introduced into an oil or hazardous substance spill
for the specific purpose of encouraging biodegradation to  mitigate the  effects of a spill".  Most
commercially  available  biological  agents  are  special blends of naturally occurring bacteria that
consume oil.  Such bacterial  agents may be freeze-dried and stored as fine dusts or powders.  In
theory, when a spill occurs, the agents can be used to seed the immediate spill vicinity. This seeding
action might increase the rate at which the spilled oil is biodegraded.  However, waterways in areas
with petroleum facilities normally contain sufficient bacteria; nutrient to support biodegradation are
usually the limiting factor.  Biological agents,  as well as other chemical agents, must be approved
for use by the appropriate governmental representative.
DISPERSANTS

Dispersants are surface-active agents that divide and suspend the oil into small droplets  in water.
Oil spill dispersants consist primarily of surfactants in a solvent base.   Surfactants are long-chain
molecules resembling oil molecules on one end and water on the other.  Because of the  "bipolar"
structure, the surfactant will migrate to the oil-water interface.   At the interface, surface tension
properties are reduced so that droplets of oil are formed and dispersed throughout the water. Again,
prior governmental approval must be obtained before dispersants are used (except under emergency
conditions involving fire or explosion hazards).
GELLING AGENTS

Use of gelling agents  in oil spills  has  been generally not practical due to high costs of gelling
material and problems with  gelling  only oil.  However, gelling the oil in leaking tanks or tankers
might be a feasible alternative in preventing the oil from becoming a spill.

Gelling agents have in  the past formed grease-like material, but some now form a solid (sometimes
called oil solidifying additives).  These  latter agents use a liquid  polymer and cross-linking system
which react to form a molecule matrix which entraps large quantities of oil.  Crudes at -5C can be
gelled in as little as 15 minutes.  These  agents work faster as temperatures increase.
CONDITIONS FOR THE USE OF DISPERSANTS

The federal OSC, on a case-by-case basis, can approve the use of chemical dispersants on any spill
if it is determined they will prevent or substantially reduce explosion or fire hazard to property. All
other cases must be approved by the EPA RRT representative after consultation with appropriate
Federal and State agencies.  In all cases, appropriate application rates and methods must be used.
6/91

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RATE AND EFFECTS OF DISPERSED OIL

The most important advantage gained by using dispersants is rapid oil dilution. Dispersed oil mixes
downward in near-surface waters, removing the oil from most of the wind's  influence.  During a
spill from a Gulf of Mexico platform dispersed oil was observable only about one mile from the spill
site; untreated surface slicks extended six to nine miles on most days.  These observations suggest
that significant amounts of dispersed oil are much less likely to reach shore than untreated oil.

Dispersants  drive  oil into the  H2O column, however, we  don't  know what  effect this has  on
microorganisms.  We do know  that by getting it off the surface, wildlife won't be affected.  Some
report that the oil  resurfaces  after some time.  However, good  field data is  essential  for this
determination.  Static laboratory bioassays have shown that oil treated  with  modern dispersants is
only slightly more toxic than the same amount of untreated oil.  However, such static bioassays are
unlike field conditions.  The test organism is  exposed to dispersed oil for extended periods of time
without provision for the dilution and the evaporation of hydrocarbons that naturally occur; also the
avoidance capabilities of mobile marine organisms  (nekton) and natural waste accumulation are not
considered.

In 1970, approximately 65,000 barrels of 34° API gravity crude oil were spilled from a platform
located about 11 miles offshore in the Gulf of Mexico  in 40 feet of water.  Extensive chemical and
biological investigations during  and following this spill thoroughly documented for the first time the
fates of dispersed oil in the water column and sediments.  The measured levels of hydrocarbons in
the water within one mile  of the platform varied from one to 70 ppm.  No adverse effects upon the
benthic community, shell, of fin-fish were recorded.

These findings suggest that in offshore areas  only those organisms  in the upper  surface waters and
in the immediate area of a spill might be adversely affected.  Some plankton near a  dispersed spill
might be killed, but repopulation  is rapid and no extended effect on the area should  be noted.

The marine environment can tolerate a limited quantity  of oil such as might be caused  by a prudently
dispersed oil spill.  This tolerance is not surprising since geologists estimate that there have been
marine oil seeps for 300 million  years.  The total amount of natural  seepage is estimated at 200
trillion barrels, hundreds of times more than man has ever produced. Microorganisms which utilize
oil as food are responsible for preventing a major portion of this oil from being a problem today.

Dispersants have been successfully used to control oil  spills in many instances.  For example,  on
November 12,  1975, a supertanker and a British frigate collided in the Dover Straits, resulting in
a spill of about 15,000 barrels of crude oil. small craft applied approximately 1,000 drums of non-
concentrated  dispersant and 40 drums of concentrated dispersant.  As a  result,  no more  than
approximately 230 barrels of oil reached the shore.  The British Department of Trade  concluded that
concentrated  dispersant is more efficient than non-concentrated dispersant and  advised that spray
vessels be readily available. Relatively little  harm was noted to the marine environment  from the
oil or the dispersant even though dispersants were used close to the shoreline.
6/91

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REGULATIONS

The use of dispersants and other chemicals is tightly controlled by the United States Government.
Under Subpart J of the present National Contingency Plan, the use of dispersants may be authorized
by the government on-scene coordinator only to prevent or substantially reduce hazard to human life
or limb or to substantially reduce explosion or fire hazard  to property.  In other situations, the
Environmental  Protection Agency's  Regional Response Team member can  authorize the use of
dispersants to reduce environmental damage. This division of authority over the use of dispersants
could at times create confusion.

Only  chemicals listed  by the  EPA can be authorized for non-emergency  use.   Such acceptance
requires that extensive data, including chemical composition as well  as toxicity and effectiveness
tests,  be submitted.
EFFECTIVENESS AND TOXICITY

The effectiveness  of modern dispersants has increased  almost as  rapidly  as  their toxicity has
decreased.   The  original agents  were able to break up about ten  parts  of oil per one  part of
dispersant.  Newer concentrated dispersants can reputedly disperse about 50 parts of oil per one part
of dispersant.  Under ideal conditions factors such as oils with high wax or asphalt content, very low
temperatures, thin or scattered oil slicks, and lack of agitation can increase the amount of dispersant
needed by three or four times.  Dispersants today must meet certain testing criteria established in the
NCP for effectiveness and toxicity.  (40 CFR Part 300 (Appendix Q).
EQUIPMENT

Equipment for application of dispersants has two primary functions:  to operate under a wide range
of conditions with limited personnel, and to reliably deliver the correct chemical dosage.  Various
types of equipment have successfully demonstrated these capabilities.

The simplest arrangement consists of an adductor system that works on the venturi principle. It may
utilize either a portable pump or a conventional fire fighting system to supply the water flow.  Such
a system is most useful  for moderate size spills requiting rapid response and is suitable only  for
applying dispersants that are designed to be mixed with water.

The most popular system for spraying dispersants  from boats was developed by Warren Spring
Laboratory  (WSL) in England.  Basically,  it consists  of a portable self-priming pump,  port and
starboard spray booms, and specially constructed breaker boards, towed astern, to provide agitation.
A great deal  of experience has been accumulated  in  effectively  dealing  with spills using this
equipment.  The WSL system has proven to be easily handled, adaptable to a wide range of vessels,
inexpensive, and durable.

With sea-mixing dispersants, one manufacturer recommends mounting the spray booms near the bow
of the boat.
 6/91

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Aircraft spraying is appropriate for large remote spills or when sea conditions are too rough for
dispersant application from vessels. Crop spraying and fire fighting planes are usually available and
are capable of dispersant application when  outfitted with proper  nozzles and spraying apparatus.
Where tight control of the spray pattern is important, helicopter spraying has advantages.

The cost/effectiveness and conservation of  materials associated with dispersant use  are attractive
features. A vessel of opportunity can be equipped with simple spray and storage equipment weighing
ahout one  ton  for approximately  $25,000.   When  properly  applied, 30 drums of  chemical can
disperse about 1,000 barrels of oil (chemical cost would be approximately $15,000).  One the other
hand, a sea-propelled mechanical skimmer capable of tackling a similar offshore oil spill could weigh
over 100 tons and cost over $2,500,000.  In high seas, it would not be as effective as dispersants.
The maintenance of dispersant spraying equipment  would cost about $2,500 per year, while the
maintenance cost of a skimmer would be about $250,000 per year.

In summary, both mechanical equipment and dispersants are necessary weapons in the arsenals of
major coastal oil spill cleanup organizations. Dispersants may also have advantages in controlling
inshore spills, but their use in such areas must be carefully studies  due to the potential for damaging
environmentally sensitive areas.
COLLECTING AGENTS

Another aid to controlling oil spills is the collecting agent. The National Contingency Plan (Subpart
J) defines surface collecting agents as "those  chemical  agents  which are a surface  film  forming
chemical for controlling  oil layer thickness".  They are considered to be generally acceptable
provided that they to not in themselves or in combination with the oil increase the pollution hazard.
Like dispersants,  the  use of collecting agents must be approved by the government  on-scene
coordinator.

The best known commercially available collecting agents include various herding agents.  They are
best applied in a straight stream with a sprayer on the water surface adjacent to a spill.  They should
not be applied directly  to the oil slick or in a fine mist.  Helicopters are usually best for this service.
It is of prime importance to  carefully plan the use of any collecting agent.  The first rule is to apply
them only when you are ready to remove the oil.  If collecting agents are applied prematurely their
effectiveness is gradually  lost and the oil may spread again.  The agents do not herd the oil against
wind or tide but only against the  natural  spreading action of the  oil.  Hence, collecting agents have
a limited use and work best under static  conditions.  The maximum recommended application rate
is two gallons of agent per mile of spill  perimeter.  The agent can be re-applied, if needed, every
six hours to a maximum of three applications in any 24-hour period.

Presently there are several collecting agents including commercially  available products and Navy
piston oil.   Piston oil  (sorbitan  monooleate)  is not commercially  available but is  similar to the
commercial products.   Collecting agents are most effective in restricting spills  to be picked up
immediately, for spraying booms, and for decreasing movement to critical areas such  as beaches,
marshes, or marinas where  collection  may be  difficult.  Dispersants  and collecting agents are not
compatible and should not be used on  a spill at the  same time.   It  is practical to apply a collecting
agent and,  after the slick is compressed,  to pick it up with sorbents.


6/91                                          <5

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LITERATURE CITED

Energetex Engineering.  1978.  Testing of air deployable incendiary devices for igniting  oil on
water.  Department of the  Environment, Ottawa, Ontario.  EPS-4-EC-78-11.  (December  1978).
98pp.

Exxon Corporation.  1980.  Chemicals for oil spill control.  Exxon Production Research Company,
Houston, Texas.

Gonzaque J. and Moore, J.  (eds.).  1979. A review of oil slick combustion promoters.  Department
of the Environment, Ottawa, Ontario.  EPS-EC-79-8. (November 1979).  48pp.

Gulf Universities Research  Consortium.  1980. Field evaluation of the effectiveness of COREXIT
9527 chemical dispersant on the Ixtoc I Oil Spill, Bay of Campeche, Mexico.   Gulf Universities
Research Consortium, Houston, Texas.  UURC Report No. 179.  14 pp.

Meldrum, I.G., Fisher, R.G., and Plamer, A.J.  1981.  Oil solidifying additives for oil spills, in
Proceedings, 4th Arctic Marine Oilspill Program  Technical Seminar, pp.  325-352.

McAuIiffe, C.D., Canevari,  G.P., Searl,  T.D.,  and Johnson, J.C. 1980.  The dispersion and
weathering of chemically  treated  crude oils  on  the sea surface,  in Petroleum and the  Marine
Environment, International  Conference and Exhibition, Monaco, 27-30 May,  1980.  18 pp.

Robertson, L.A.  1978. Selection criteria and  laboratory evaluation of oil spill sorbents; an update.
Department of the Environment, Ottawa, Ontario. EPS-4-EC-78-8.  (October 1978).  78pp.

Sprague, J.B., Vanderneulen, J.H., and Wells, P.G.   1980. Oil and dispersants  in Canadian Seas:
Research appraisal and recommendations.  Department of the  Environment, Ottawa, Ontario.  182
pp.
6/91

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                                      APPENDIX I

           FOAMS FOR CONTROL OF HAZARDOUS CHEMICAL VAPORS



I.      Foam is a mass of gas-filled bubbles  formed either through a chemical reaction of by the
       mechanical mixing of air and a foaming agent.  The foam bubble functions as a vehicle for
       carrying and dispensing water.

       All foams extinguish fires by:

        1.     smothering - preventing air from mixing with vapors

        2.     suppressing the release of flammable vapors

        3.     separating flames from fuel

        4.     cooling fuel and  surrounding surfaces
II.     There are a number of types of foam commonly available, each with certain advantages and
       desirable characteristics applicable to hazardous materials incidents.

        1.     Protein foam - natural proteinaceous polymers, metallic salts for strength in
              heat and flame and organic solvents for foamability.  Dense, viscous foams,
              highly stable, highly heat resistant, resistant to burnback.

        2.     Fluoroprotein foam  -  similar to protein foam except  that it  contains
              fluorinated surface active agents.  Able to shed fuels so that foam may be
              injected into  tanks  or plunged  into  fuel.   Superior sealing and burnback
              resistance to protein foam.

        3.     Aqueous  film-forming  foam  (AFFF)  -  fluorinated  hydrocarbons  and
              polymers.  Forms water solution films on flammable liquid surfaces.  Low
              viscosity,  fast spreading and develops  continuous aqueous layer of solution
              on fuel surface to cool and suppress vapors. Aqueous film  layer can spread
              over surfaces not fully covered with foam, is self healing and continuous as
              long as  there is a foam  reservoir.  This film, however,  is produced at the
              sacrifice of the burnback resistance and cooling ability of the foam.

        4.     Alcohol-type foam  (ATF) - developed for fuels which are  water soluble or
              polar solvents. These substances ordinarily will cause the rapid deterioration
              of other foam types. Consists of a protein base with  a polymeric additive to
              form an insoluble chemical film between the foam bubbles and fuel surface.
              This "plastic" barrier prevents the fuel from destroying  the foam  bubbles.
              Most alcohol-type foams must be applied gently and not submerged in the


6/91                                        7

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              fuel to preserve the barrier.  Manufacturers are now producing combination
              foams so that at one concentration an aqueous film-forming foam is produced
              and at a higher concentration an alcohol-type foam barrier is formed. These
              foams can be used with a greater variety of chemical classes.

        5.     High expansion foam - consists of synthetic  hydrocarbon surfactants which
              produce large volumes of foam with a small amount of mixing energy.  The
              foam is  capable of expanding from 100-1000 to one.  High expansion foam
              has been used for total flooding of confined spaces  and for displacement of
              vapors,  heat and smoke.  It is suitable for confined areas but natural forces
              such as wind  may  limit its use  outdoors.   This foam, under  suitable
              conditions may  be built up to very thick layers.
III.    Most protein, fluoroprotein and AFF foams  are available in three percent and six percent
       concentrations.  Alcohol foams are available in six-10 percent (some may be used as AFF
       at low  concentrations and ATF at higher concentrations).  High expansion foams are used
       in 1.5-2.0 percent concentrations.  The percentage indicates the number of foam liquid parts
       to be mixed with water for a 100 percent solution.
IV.    Foams are in widespread use for controlling releases of flammable or combustible liquids.
       Foams are able to suppress vapors, extinguish fires and can fill pockets or enclosures where
       vapors would collect.   The effectiveness  of foams for the  suppression of toxic vapors,
       however,  has not been fully investigated.  M.S.A. Research Corporation and the U.S.  EPA
       have conducted studies in an attempt to determine some of the capabilities and limitations of
       common foam types on hazardous substances other  than flammable liquids.
6/91

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                                      APPENDIX II

                        DISPERSANTS (wetting agents) AS FIRE
                      SUPPRESSION AND PREVENTION AGENTS
I.      Dispersants are surface-active agents that contain an oil-compatible and a water-compatible
       chemical group.  Because of this characteristic, when applied to a hydrocarbon spill  on
       water, dispersant molecules orient themselves at the oil-water interface. By this orientation,
       the dispersant lowers the interfacial tension and greatly enhances droplet  formation of the
       hydrocarbon in water.

       Wetting agents are a particular type of dispersant formulation that lower the surface tension
       of the water whether or not a hydrocarbon is present.  This tends to increase the amount of
       free water surface available for absorption of heat, thus increasing the efficiency of the
       extinguishing properties of the water.
II.     Dispersants  may not be  used on  spills  without the consent of the  Federal  on-scene
       coordinator.  The law does make special provisions for possible fire situations and approval
       can be obtained if, in the judgment of the on-scene coordinator, use of a dispersant is
       justified.
III.    Dispersant usage to suppress or prevent fires is best accomplished through the use of an
       educator system like that used for firefighting foams.  Application rates vary according to the
       manufacturer. Usual dilutions are one to two percent in water.  Mixing energy is essential,
       and fine mists or sprays will not provide effective dispersion.
IV.    Dispersants are used on shallow spills such as those on roadways which are not amenable to
       pumping or other recovery.  Foams  should  be used on  spills where pumping  can be
       accomplished.
V.     All dispersants are not designed to be used  for fire  suppression or  as wetting agents.
       Flashpoint  of the dispersant  is  usually the  determining  factor.    If the  dispersant is
       combustible, it will probably not be an effective extinguishing agent.
6/91

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                              APPENDIX III

                  ENVIRONMENTAL PROTECTION AGENCY

                      NATIONAL CONTINGENCY PLAN

                           PRODUCT SCHEDULE
                                MAY 1990
                               Prepared by:

                     U.S. Environmental Protection Agency
                         Emergency Response Division

                           For Information Contact:
                      John M. Cunningham, 202/382-4130
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                            DISPERSANTS
Bulletin
Number
1
2
3
4
5
6
Product Name
ENERSPERSE 1100
(Hydrocarbon Solvent Based)
COLD CLEAN 500 (Water
Based)
CONCO DISPERSANT K
(Concentrate)
COREXIT 7664
(Water Based)
COREXIT 8667
(Hydrocarbon Solvent Based)
COREXIT 9527
(Concentrate)
Manufacturer
BP Detergents, Ltd.
Pumpherton Works Livingston,
West Lothian EH53 O1Q,
Scotland
Tel: 050631111
Telex: 72278
(Margaret C. McCaw)
U.S. Contact:
BP North America, Inc.
620 5th Avenue
New York, NY
212/887-9046
(Dr. Ronald G.L. Spiers)
Essex Fire & Safety Co.
P.O. Box 801247
Houston, TX 77280-1247
713/690-0416
(Mrs. Virginia A. Watters)
Continental Chemical Co.
270 Clifton Blvd.
Clinton, NJ 07011-3638
201/472-5000
(Mr. Philip D. Turits)
Exxon Chemical Co.
8230 Stedman St.
Houston, TX 77029
713/671-8614
(Mr. Larry G. Coker)
Exxon Chemical Co.
8230 Stedman St.
Houston, TX 77029
713/671-8614
(Mr. Larry G. Coker)
Exxon Chemical Co.
8230 Stedman St.
Houston, TX 77029
713/671-8614
(Mr.
Date
Listed
10/20/77
10/7/77
4/25/78
11/1/78
11/1/78

6/91
12

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                             DISPERSANTS
7
8
9
10
11
14
EC.O ATLAN'TOL AT7
(Water Based)
FINASOL OSR-7
(Water Based Concentrate)
GOLD CREW DISPERSANT
(Water Based Concentrate)
MAGNOTOX
(Water Based Concentrate)
OFC D-609 OIL SPILL
DISPERSANT
(Concentrate)
PETRO-GREEN ADP-7
(Water Based Concentrate)
ASPRA, Inc.
4401 23rd Avenue West
Seattle, WA 98199
206/284-9838
(Mr. A.I. Janofsky)
Fina Oil and Chemical Co.
P.O. Box 2159
Dallas, TX 75221
214/750-2640
(Mr. Jerry W. Johnson)
Ara Chemical, Inc.
P.O. Box 5031
San Diego, CA 92105-0001
619/286-4131
(Mrs. Rita Jimenez McNeely)
Drew Chemical Corporation
One Drew Plaza
Boonton, NJ 07005
201/263-7600
(Mr. William F. O'Brien, Jr./
Mr. Nels Hendrickson)
Chemlink Petroleum, Inc.
9100 W. 21 St.
Sand Springs, OK 74063
918/245-2224
(Mr. James Skaggs, Jr.)
Petro-Green, Inc.
3952 Candlenut Lane
P.O. Box 814665
Dallas, TX 75381
214/484-7336
(Dr. Arnold Paddock)
11/13/79
5/21/80
8/31/77
7/1/81
8/20/79
9/30/84
Dispersant #12, OIL SPILL ELIMINATOR, is no longer being manufactured and has been
removed from the Product Schedule. The formula for Dispersant #13, OSD/LT OIL SPILL
DISPERSANT has been revised, and the product is now being sold as Dispersant #33
OSD/LT OIL SPILL DISPERSANT (NEW FORMULATION).
15
PETROMEND, MP-900-W
(Water Based Concentrate)
Petromend, Inc.
P.O. Box 47532
8600 Sovereign Row
Dallas, TX 75247
214/630-1330
(Mr. Alan Cohn)
9/30/84
6/91
13

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                             DISPERSANTS
18
19
20
21
22
23
SLEK-A-WAY
(Water Based)
DISPERSANT 11
(Concentrate)
TOPSALL #30
(Oil and Petroleum Cleaning
Agent) A/K/A SUPER ALL
#38
COREXIT 9550
(Hydrocarbon Solvent Based)
JANSOLV-60 DISPERSANT
(Principally Water Based with
some Solvent)
RUFFNEK
(Oil and Petroleum Cleaning
Agent)
MI-DEE Products, Inc.
5253 Springdale Ave.
Pleasanton, CA 94566
415/846-8166
(Mr. Paul Spellman)
DuBois Chemicals
HOODuBois Tower
Cincinnati, OH 45202
513/762-6894
(Mr. W.N. Grawe)
Stutton North Corp.
P.O. Box 724
Mandeville, LA 70448
504/626-3900
(Mr. David Anton)
Exxon Chemical Company
8230 Stedman Street
Houston, TX 77029
713/671-8614
(Mr. Larry G. Coker)
Sunshine Technology Corp.
2475 Albany Avenue
West Hartford, CT 06117
203/232-9227
(Mr. Stephen Kaufman)
Malter International
80 First Street
Gretna, LA 70053
504/362-3232
(Ms. Gail Mavromatis)
10/5/78
10/16/84
1/7/85
5/22/85
7/9/85
7/16/85
Dispersant #16, PROFORM-POLLUTION CONTROL AGENT, and Dispersant #17, SEA
MASTER NS-555, are no longer being manufactured and have been removed from the
Products Schedule.
24
NEOS AB 3000
(Hydrocarbon Based)
NEOS Company Limited
8th Floor, Kanden Bldg.
201, Kano-cho 6 Chome
Chuo-ku. Kobe 650, Japan
Tel: Kobe 078-331-9381
Telex: 5622293 JKNEOS J
(Mr. S. Miyoshi)
4/22/85
6/91
14

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                             DISPERSANTS
25
26
27
28
29
30
PHIREX
(Organic Surfactant Based)
(formerly CRUDEX)
BIO SOLVE
(Water Based)
A/K/A Conseal P.N.A.
NK-3
(Water Based)
A/K/A BREAKER-4
ATLANTIC-PACIFIC OIL
DISPERSANT, REAL
KLEEN, SHIP SHAPE
ENERSPERSE 700
(Solvent Based)
SLICKGONE NS
(Solvent Based)
MARE CLEAN 505
(Solvent Based)
Environmental Security, Inc.
5 Blackburn Center
Gloucester, MA 01930
508/283-1306
(Mr. Jay Greene)
Metra Chem Corporation
270 Littleton Road
P.O. Box 427
Westford, MA 01886-0427
508/392-0571 / 1-800/225-3909
FAX: 508/392-0576
(Mario J. Genduso/ Ronald D.
LaRoche)
GFC Chemical Company, Inc.
P.O. Box 80537
Lafayette, LA 70598-0537
318/234-8262
(Mr. Joe Winkler)
BP Detergents Limited
Pumpherston Works
Livingston
West Lothian, Scotland
EH53 OLQ
Tel: 05063111
(Margaret C. McCaw)
Dasic International, Ltd.
Winchester Hill - Romsey
Hampshire SO51 7YD
United Kingdom
Tel: 0794/512419
Telex: 47548
(Mr. John L. Belk)
Taiho Industries Co., Ltd.
21-44 Takanawa 2-chome
Minato-ku, Tokyo, Japan
Tel: 03/445-8111
FAX: 03/443-0213
(Mr. Y. Tamai)
6/4.786
12/22/86
2/19/87
7/27/87
2/22/88
2/23/88
6/91
                                  15

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                                 DISPERSANTS
     31
EDF EMULSA FIRE
(Water Based)
SynTech Products Corp.
520 E. Woodruff Avenue
Toledo, OH 43624
419/241-1215
(Mr. James J. Doherty)
6/17/88
     32
PETRO TITE M.M.E.
(Water Based)
Heath Consultants Inc.
100 Tosca Drive
Stoughton, MA 02072-1591
617/344-1400
(Mr. Robert Perry)
10/4/88
     33
OSD/LT OIL SPILL
DISPERSANT
(New Formula)
Drew Chemical Corporation
One Drew Plaza
Boonton, NJ  07005
201/263-7600
(William F. O'Brien, Jr./ Nels
Hendrickson)
10/4/88
     34
TOXIGON - 2000
Formula IV Corporation
9756 North 90th Place
Suite 200
Scottsdale, AZ  85258
602/391-3426
(Mr. G. Scott Miller)
6/17/87
      35
SUPER ALL #38
(Oil and Petroleum Cleaning
Agent)
Tavelle Corporation
P.O. Box 841236
Hollywood, FL  33084
305/473-6718
(Mr. Bruce Dorfman)
11/16/88
      36
M.C. #1 DISPERSANT
Safeworld Products Corporation
103 Clearfield Drive
Brentwood, TN  37027
(Mr. Craig A. Thomas)
3/31/89
      37
CN-110
Chemex, Incorporated
P.O. Box 31228
Lafayette, LA 70593-1228
318/837-9148
(Mr. Gale Campbell)
Pending
Review
      38
COREXIT 9580 SHORELINE
CLEANER
(Hydrocarbon Based)
Exxon Chemical Company
Technology Division
8230 Stedman Street
Houston, TX  77029
713/671-8614
(Mr. Larry Coker)
 7/21/89
6/91
                          16

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                                  DISPERSANTS
      39      BIOVERSAL
              (Water Based)
                           Bio Versal U.S.A., Inc.
                           1703 Victoria Drive #303
                           Mount Prospect, IL 60056
                           312/228-7316
                           FAX:  312/228-7318
                           (Dr. Mohsen Amiran)
                               6/7/89
      40
DE-SOLV-IT
Orange-Sol, Inc.
9 North Roosevelt Avenue
Chandler, AZ  85224
602/961-0975
FAX:  602/921-0854
(Dr. J.A. Gurney)
6/26/89
      41
PREMIER 99
Gold Coast Chemical
Corporation
3301 North 29 Avenue
Hollywood, FL 33020
305/921-9100
FAX: 305/921-9122
8/11/89
      42      OMNI-CLEAN
              (Water Based)
              A/K/A
              OMNI-CLEAN T.C.R.,
              OMNI-CLEAN A.P.C.,
              OMNI-CLEAN P.A.S.,
              OMNI-CLEAN C.B.R.
              OMNI-CLEAN MULTI-
              FORM
                            Delta-Omega Technologies,
                            Inc.
                            218 Rue Beauregard
                            Suite K
                            Lafayette, LA  70508
                            318/237-5091
                            FAX:  319/237-5131
                            (Mr. Troy Mallett)
                              8/31/89
      43      SDS-300
              (Hydrocarbon Solvent Based)
                            Services Marketing Group
                            303 Wells Fargo Drive
                            Suite 13
                            Houston, TX  77090
                            713/580-0500
                            FAX:  713/444-3289
                            (Mr. Jesse R. Sanders)
                              9/15/89
      44      FORMULA 98
              (Water Based)
                            Malone Chemical, Inc.
                            130 Marion Avenue
                            Linden, NJ 07036
                            201/862-8595
                            FAX:  201/862-1260
                            (Mr. Thomas F. Malone)
                               3/5/90
6/91
                         17

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                            DISPERSANTS
45
46
GRANCONTROL-0
(Water Based)
SIMPLE GREEN
(Water Based)
C & A Products
P.O. Box 360
125 Main Avenue
Elmwood Park, NJ 07407
201/791-6700
FAX: 201/791-0038
(Mr. Chuck Granatell)
Sunshine Makers, Inc.
15922 Pacific Coast Hwy.
Huntington Harbor, CA 92649
213/592-2844
FAX: 213/592-3034
(Mr. Bruce P. FaBrizio)
3/21/90
4/23/90
6/91
                                  18

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                   SURFACE COLLECTING AGENTS
Bulletin
Number
1
2
Product Name
COREXIT OC-5
OIL HERDER
Manufacturer
Exxon Chemical Company
8230 Stedman St.
Houston, TX 77029
713/671-8614
(Mr. Larry G. Coker)
ASI, Inc.
1326 W. 12th Street
Long Beach, CA 90813
213/436-0211
(Mr. Parag Gandhi/Mr. Mark
Ploen)
Date
Listed
11/1/78
9/16/76
6/91
                               19

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                        BIOLOGICAL ADDITIVES
Bulletin
Number
1
2
3
4
5
6
7
Product Name
HYDROBAC
NO-SCUM
PETROBAC
PHENOBAC
PETRODEG-100
PETRODEG-200
TYPE L, DBC PLUS
Manufacturer
Polybac Corporation
954 Marco Blvd.
Allentown, PA 18103
215/264-8740
(Mr. David M. DeClement)
National Hydrocarbon
Elimination Company
2500 East T.C. Jester
Suite 165
Houston, TX 77024
713/880-0604
(Mr. Ben Calderoni)
Polybac Corporation
954 Marcon Blvd.
Allentown, PA 18103
215/264-8740
(Mr. David M. DeClement)
Polybac Corporation
954 Marcon Blvd.
Allentown, PA 18103
215/264-8740
(Mr. David M. DeClement)
Bioteknika International, Inc.
3108 Hayes St.
Arlington, VA 22202
703/836-3393
(Mr. John Ludlum)
Bioteknika International, Inc.
3108 Hayes St.
Arlington, VA 22202
703/836-3393
(Mr. John Ludlum)
Flow Laboratories, Inc.
Environflow
7655 Old Springhouse Road
McLean, VA 22012
1-800/634-9195
(Ms. Jane Hood)
Date
Listed
12/3/80
9/16/76
8/4/79
8/4/79
12/15/78
12/15/78
6/10/82
6/91
20

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                       BIOLOGICAL ADDITIVES
8





9





10















11






12






TYPE R-5, DEC PLUS





BACTOZYME
(formerly ROLFZYME
A/K/A
ALFA, DESCUM, SKY
BLUE CHEMS OIL SPILL
EATER
INIPOL EAP 22















BIO-ZYME 1000-HC
(formerly PETROZYME
1000)




WOODACE BRIQUETTES






Flow Laboratories, Inc.
Enviroflow
7655 Old Springhouse Road
McLean, VA 22102
1/800-634-9195
(Ms. Jane Hood)
International Enzymes, Inc.
1706 Industrial Road
Las Vegas, NV 89102
702/388-0145
(Mr. Harold G. Ambler)

Societe CECA, S.A.
LaDefense 5 - Cedex 54
92062 Paris-la-Defense
France
Tel: 1/49.04.12.34
Telex: CECAS 611444F
FAX: 011-33-1-49-04-12-35
U.S. Contact:
Elf Aquitaine
Suite 400, Lafayette Ctr.
1 155 21st Street, N.W.
Washington, DC 20036
Tel: 202/872-9580
Telex: 277566
FAX: 202/872-0896
(Mr. Jacques A. Bodelle)
High-Line Chemicals, Inc.
Innovation Place
108 Research Dr. Suite 4
Saskatoon, Saskatchewan
Canada S7N 2X8
306/975-0015
(Dr. Mongi Ferchichi)
Vigoro Industries, Inc.
2007 West Highway 50
P.O. Box 4139
Fairview Heights, IL 62208-
2928
618/624-5522
(Mr. Richard Helpinstine)
6/10/82





10/25/84





7/9/85















1/21/88






6/7/89






6/91
                                 21

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                       BIOLOGICAL ADDITIVES
13
14
15
CUSTOMBLEN
EEC BIOLOGICAL MEDIA
AE BIOSEA PROCESS
Sierra Chemical Company
1001 Yosemite Drive
MHpitas, CA 95035
408/263-8080
FAX: 408/262-8943
(Mr. John Cunningham)
Environmental Engineering
Consultants, Inc.
2323 W. 7th Place
Stillwater, OK 74074
405/377-5561
(Dr. Don Kincannon/Dr. Leon
Potter)
Alpha Environmental, Inc.
7748 Highway 290 West
Austin, TX 78736
512/448-8927
(Mr. H. Eugene Douglas)
7/26/89
7/27/89
8/11/89
6/91
22

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                    MISCELLANEOUS OIL CONTROL AGENTS
   Bulletin
   Number
       Product Name
       Manufacturer
 Date
 Listed
       1
SEE-JELL
(formerly NEOS JELLY
ROCK) (Gelatinization Agent)
Ajinomoto Company, Inc.
5-8, 1 Chome, Kyobashi,
Chou-Ku
Tokyo, 104 Japan
Tel:  272-111

Sigma Enviro Enterprises, Inc.
(Primary Distributor)
140 Spring Road
Orinda, CA  94563
415/254-7633
(Mr. Leonard O. Walde)
10/30/85
              OIL BOND-100
              (Plasticization Agent)
              A/K/A
              NORSOREK A-P
              POLYNORBORNENE OIL
              SOLIDIFIER
              (Paniculate Form)
                            C d FChimie S.A., Tour
                            Aurore
                            Place des Reflets
                            CEDEX 5
                            92080 Paris Defense 2
                            Paris, France
                            Tel:  1/47.78.64.82

                            U.S. Contact:
                            Liquid Waste Technologies,
                            Inc.
                            (Primary Distributor)
                            999 Roosevelt Trail
                            207/892-5530
                            (Mr. Frank Hoff)

                            Liquid Waste Technologies,
                            Inc.
                            P.O. Box 467
                            Blackwood, NJ  08012
                            609/232-8088 and 1-800/545-
                            2006
                            (Mr. Bill Gannon)
                               6/4/86
6/91
                                        23

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               MISCELLANEOUS OIL CONTROL AGENTS
3



















4





5





LIQUID OIL BOND-200
(Gelatinization Agent)


















ELASTOL
(Oil Viscoelastic Enhancing
Agent)



OIL SPILL ELASTOL
(Oil Viscoelastic Enhancing
Agent)



Toho Titanium Company,
Limited
17th Mori Building
1-26-S Toranomon, Minato-Ku,
Tokyo, Japan
Tel: Tokyo 504-3165
U.S. Contact:
Liquid Waste Technologies,
Inc.
(Primary Distributor)
999 Roosevelt Trail
207/892-5530
(Mr. Frank Hoff)
Liquid Waste Technologies,
Inc.
P.O. Box 467
Blackwood, NJ 08012
609/232-8088 and 1-800/545-
2006
(Mr. Bill Gannon)
General Technology
Applications, Inc.
7720 Mason King Court
Manassas, Virginia 22110
703/631-6655
(Mr. Thomas J. Scambos)
General Technology
Applications, Inc.
7720 Mason King Court
Manassas, Virginia 22110
703/631-6655
(Mr. Thomas J. Scambos)
6/4/86



















6/23/86





7/17/87





6/91
24

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                                       SECTION 10
                                         PART II
                                  DEBRIS DISPOSAL
When an oil spill occurs, the primary  consideration is for minimizing damage  and removing the
spilled oil from the environment.  Hasty action on cleanup has resulted in large quantities of debris
being needlessly  removed  and transported to a disposal site.   Lack of pre-planning has allowed
transport of debris to distant disposal sites when local disposal sites were available.  The choice of
inappropriate cleanup and disposal techniques without adequate planning increases problems and costs
in a spill.

Generally,  oily debris comes in two types: oily liquids and oily solids.  What can be done with these
materials will depend on the condition of oil, oil processing equipment availability and government
regulations (federal and local).

The first consideration in debris disposal should be consolidation of debris types.  Generally, this
will require debris storage,  oil/water separation,  oily liquid pumping  and debris transport.   Oily
debris can be  stored in a wide variety of containers, from plastic bags to oil storage tanks (TABLE
1). In most cases, the container type chosen will depend on availability and cost.  Further, several
container types may be needed.  Some  containers  can also be used as oil/water separators.
TABLE 1
TYPES OF CONTAINERS FOR SPILLED OIL AND DEBRIS
Container
Drums
Tank Truck1
Dump Trucks/Flat Bed
Railroad Tank Car
Barges
Oil Storage Tanks
Bladders
Earthen Dikesj
Comments
1)
1)
1)
1)
1)
1)
1)
1)
may require drum handling devices
consider road access
requires impermeable barrier to hold dripping oil
consider rail access
consider venting of tanks
consider problems of large quantities of water in oil
may require special hoses or pumps for oil transferral
may require impermeable liner
1 Can be made into oil/water separators
6/91
25
This part of the Inland Oil Spill Course manual was reproduced by permission of The Occupational and Environmental Safety Training Division
of the Texas Engineering Extension Service The Texas A & M University System.

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Separating the water from oil will reduce the amount of liquid to be transported to a disposal site and
improve the oily liquid's acceptability to be refined.  Some  containers, such as tank trucks, are
already equipped to separate the water from oil.  However,  not all tank trucks have this ability.
Mechanical separators can be purchased to separate liquids.

Many have moving parts and heating elements to aid in separation.  Simple gravity separators can
be made using earthen dikes or drums to remove water from oil (FIGURE 1).  Floating solids can
be removed from oil using screens, pitchforks or shovels with oil  drain holes in the blade.

Oil on solids can be separated using water to dislodge the oil from the solid.  Heavier than water
solids (sand or gravel) can be placed in shallow pools and oil floated when sprayed with cold  or hot
water. The oily liquid can be separated using an oil/water separator. The oil on large materials such
as logs and rocks may best be removed in place using water spray or steam cleaners using sorbents
to collect oil.  For solids that float (organic debris),  the material should be placed on grating or an
inclined  surface (preferably concrete) to allow oil to wash away from  debris.  If oily solids are
coated with light products such as diesel or number 2 fuel oil, mixing the material with hot sand can
vaporize the oil and separate the oil from the solid.

In cold climates, viscous  oil spills can be separated from solid debris such  as sorbents, if time
permits, by storing the oily debris until temperatures rise.   The increased temperature will decrease
oil viscosity  so that oil  will drip  out of  debris.   Viscous emulsions are best broken by using
mechanical oil/water separators which have heating  elements  and by using chemical demulsifiers.
Some pumps and skimmers have attachments for the introduction of chemicals into the equipment
to eliminate oil emulsions.

During spill cleanup operations, a series of oil/water separators  can eliminate water from the oil.
Waste water can be treated by aeration to remove volatiles, the filtration,  ultra-filtration or activated
carbon  adsorption to remove nonvolatiles.  Oily material  collected  is usually biodegraded, but if
possible, recovered  oil should be reused.  Water is returned to the environment.
 6/91                                         26

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                                                             Water drain valve
                           A.  55-gal. drum oil/water separator.
                                            Slotted barrel used as weir
                       B.  55-gal. drum and sump oil/water separator.
                                    FIGURE 1
                            OILAVATER SEPARATION
6/91
27

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Choosing a pump to transfer oil should be carefully considered.  Some pumps may emulsify the oil
and water picked up while other pumps may  not work well against a strong back pressure.  A
general description of pump types follows:

Centrifugal Pumps

       •      can pump at very high rates
       •      simple, rugged, inexpensive and easy to repair
       •      best suited for pumping water or low viscosity oil
       •      will emulsify oil and water if pumped together
       •      sensitive  to debris, especially stringy material
       •      cannot pump against high back pressure

Diaphragm Pumps

       •      simple, one  moving part  construction
       •      handles thick slurries and debris without stalling
       •      lends  itself to ultra-safe,  compressed air operation
       •      moderate tendency to emulsify oil and water
       •      cannot pump against high back pressure
       •      gives  pulsating flow - undesirable for weir skimmers

Positive Displacement

       •      handles extremely high viscosity slurries or emulsions
       •      can pump against extremely high back pressure
       •      can pass  debris up to two inches in diameter or more
       •      only slight tendency to emulsify oil and water
       •      generally more difficult to repair in the field than other type pumps
       •      more  expensive than centrifugal or diaphragm of equal capacity

Vacuum Systems

       •      extremely gentle treatment  of the fluids handled
       •      handles all kinds of debris up to several inches in diameter and several pounds in
              weight
       •      can pick  up  "chocolate mousse" in thick or thin layers from water or land surfaces
       •      cannot lift a water column more than 30 feet
       •      vacuum pump is usually  large and expensive
       •      usually requires a large integral storage vessel to contain the recovered fluid.

Transportation of liquid  debris is usually by barge, tank truck or railroad tank car. However, trucks
with sealed drums can also  be used.  If using a tank truck, the size of tank truck chosen can depend
on weight limiting roadways or bridges near the spill scene.  For solid debris, the main problem has
been oil dripping out of flat-bed or dump trucks.  As oil solids warm, oil drips off of the solids  and
 6/91                                        28

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onto the truck bed and onto roadways or parking areas, causing driving hazards and more cleanup
problems.  Plastic sheeting should be used in truck beds to reduce this problem.

The second consideration involves disposal options in the spill area.  Generally, the options used to
dispose of oily debris are:

        1.     reuse of oil
        2.     controlled burning
        3.     biodegradation
        4.     landfill
        5.     burial
       Reuse of Oil

       There are several possibilities for reuse of oily debris.  Oiled sand and gravel can be used
       in road construction. However, the oily aggregate should be checked for leachability of toxic
       compounds.  The materials can be stabilized by mixing the oily aggregate with a binding
       agent, such as  lime.  Oily liquids have been used  in road construction, as well as in dust
       suppression on gravel and dirt roads.  In coal burning power plants, oily  liquids can be
       sprayed on coal piles to suppress dust.  Some power plants can burn waste oily liquids with
       their  other feedstock.

       Another reuse possibility is recycling oily debris  into waste oil reclamation facilities.  Their
       acceptance process of an oily liquid may depend on the percentage of water in the liquid and
       the amount of other  material in the liquid (leaves, sand, etc.).
       Controlled Burning

       Open burning  of oily debris can sometimes be  handled at the  spill site after receiving
       approval from  appropriate regulatory agencies.  This is particularly true for small spills in
       remote areas.  It is best to hire local volunteer fire departments to monitor and control the
       fire if a large area is to be burned.   The main problem arises from smoke and paniculate
       matter which may cause respiratory ailments in some people.  Coke and associated particles
       have been  known to travel up to 50 miles from the burn site.

       Burning oil on water is difficult, if not impossible, because

        1.    oil  may be hard to ignite,
        2.    burning oil heats the slick and causes it to spread,
        3.    wicking agents may be needed,
6/91                                           29

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       4.    unburned residue remains (sometimes more toxic than oil),
       5.    burning creates hazards near population centers, and
       6.    burning is not  effective on weathered or emulsified oils.

       However, burning oi!  between ice sheets where oil is several inches thick is feasible.  If oil
       is removed  from the water, controlled burning can eliminate  large quantities of oil debris.
       A rotary kiln incinerator has been developed which can pick up oiled sand, burn oil  off of
       sand and drop sand  back on the beach. Industrial incinerators can also be used to  burn oil
       debris (FIGURE 2). This incinerator uses a blowing overfire air source to recirculate smoke
       through the fire to obtain a clean burn.

       Burners mounted on skimmer vessels similar to burners used on offshore oil well testing can
       burn 50-50 mixtures of oil and water.  Also, fireproof boom development  will  facilitate
       burning oil  that congregates in thick pools.
       Biodegradation

       Biodegradation of spilled oil on water is usually not a disposal practice due to the length of
       time needed to degrade the oil.  However, oil can be degraded on land. The biodegradation
       rate is dependent on temperature, pH of soil, and oxygen, water, and nutrient availability.
       In the biodegradation process,  bacteria, fungi and yeasts break down the oil components
       piece by piece.
6/91
                                          30

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                              Overhead Screen
                   Overfire Air
                                      \&^\
                                     p^w     J
                                   V\  V)
                                                                  Loading
                                                                  Underfire Air
                                        FIGURE2
                     AIR PORTABLE INCINERATOR SCHEMATIC
       In land farming, the oily material must be small in size and degradable such as waste oil, oily
       organic matter and salt-water free oil. Land farming can be practiced at exiting sites or by
       preparing  a  site  so that oil  applied  to the soil does not run off or leach  into surface or
       subsurface waters.

       First, oily material is applied to the site.  In cool climates, such as southern Canada, one to
       two inch thick oil  layers are added  to a site, while in warmer climates, such as southern
       United States, three to four inch thick oil layers are added to a site.

       These estimates will vary with soil type,  temperature, oil type and oil amount previously in
       soil.

       Water  and short-chained hydrocarbons  are permitted  to evaporate while the surface is
       slippery.   Once the site allows a tractor to be driven over the surface, a rototiller, plow or
       harrow can be used to break up the  oily crust.  Some land farm operators claim that deep
       plowing to a six-inch depth works best.  In warm,  humid areas, a rototiller will  allow an
       e<5.ht- to 14-inch depth for oily material mixing.  Subsequent mixing will add oxygen to  the
       soil which will expedite  biodegradation.  Mixing can be as often as once a month.
6/91
31

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       Oil may biodegrade in one to three years under normal land farm practices.  In one study,
       it was determined that oil decomposed at a rate of about one-half pound of oil per cubic foot
       of soil per month.  In another study oil was applied at 500 to 1500 barrels of oil per acre per
       year using only the upper six inches of soil.

       In a study by Shell Oil Company (Houston) 3,000 gallons of refinery  waste  per acre per
       month were decomposed during the summer months. Other biodegradation rates vary from
       0.1 to 22 percent of the oil degraded monthly.  The use of fertilizer and weekly soil tilling
       (aeration) was employed to increase biodegradation rates.

       In some cases the biodegradation rate has been  doubled  by adding fertilizer at the same
       application rate as used for corn.   Some land farm operators claim that the cheapest high
       nitrogen fertilizer is the best fertilizer.  Generally, oily waste changes from an  oily, black
       liquid to a black surface sludge to a dry, cakey soot-like matter that crumbles in the hand.
       The soil changes also.  An alkaline bentonite-like clay soil that was a very hard cake when
       dried  changed to a soft loam soil  after  land farming, presumably due to the  addition  of
       organic  matter.   Other  changes  in most oil-conditioned  soil are  increased soil  moisture
       retention and increased vegetation growth.

       Composting  is not a standard disposal practice  in the United States.   However, in some
       countries, oily organic matter has been added to waste garbage sites.  Since biodegradation
       results in the release of heat, temperatures can increase which will decrease  oil viscosity.
       This may increase oil penetration in the ground.  Oily debris can easily be over-applied to
       a garbage site.   Proper  application degrades most of the oil  in a  few to  several months,
       depending on the temperatures.
       Landfilling and Burial

       The main difference in landfilling and burial is that landfill sites have been established before
       the oil spill, and oil debris can be mixed with  other waste in disposal, while burial sites are
       established after the oil spill, and oil debris may or  may not be mixed with other waste.
       Both techniques require approval from the government agency in charge of landfills.

       Oily liquids can  be stabilized to reduce oil  leaching into the ground by  the addition of
       chemical binding  agents, such as quick lime.  The chemical will react with the oil to produce
       a practically insoluble powder or block.

       Site choices should be determined prior to a spill when prices  can be agreed upon in a
       relaxed climate.  Contract disposal services should be investigated  to determine if the firm
       is financially responsible, technically capable, protected by insurance and reputable.  Local
       air or water pollution control officers may be  able to recommend contractors that meet state
       requirements.
6/91                                         32

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FURTHER READING

CONCAWE 1980. Disposal Techniques for Spilt Oil, CONCAWE Report N.  9180.  The Hague,
51pp.

Day, T. 1979. Characteristics of atmospheric emissions from an in-situ crude oil fire.  EPS-4-EC-
79-1.  Environmental Protection Service, Ottawa, Ontario.  79 pp.

Farlow, J.S. and C. Swanson.   1980.  Disposal of oil and debris resulting from  a spill cleanup
operation.  ASTM Special Tech. Publ. 703.  American Society for Testing Materials, Philadelphia,
PA.  147 pp.

Farlow, J.S., D.E. Ross, and R. Landreth.  1977.  Practical Recommendations for Oil Spill Debris
Disposal.  In 1977 Oil Spill Conference, American Petroleum Inst.  pp 265-269.

Hansen, W.G., D.E. Ross, and J.R. Sinclair.  1979. Oil Spill Debris Disposal Hardware System:
Methods for Conceptualization and  Development.  In  1979 Oil  Spill  Conference.   American
Petroleum Inst.  pp.  507-513.

Leo, R. and B. Mill.  Disposal  of oily sludges and oil spill debris by using the patented  OCR-
process.   In  Proc.  5th  Arctic Marine Oil Spill Program Technical Seminar.   Environmental
Protection Service, Ottawa,  Ontario,  pp. 341-348.
6/91                                      33

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                                     SECTION 11

                                         PARTI

     CONTAINMENT AND RECOVERY OF OIL ON GROUNDWATER
Although spilled oil may adhere to soil particles, roots and rocks, changes in land geology or water
regimes can cause trapped oil to enter groundwater.  In other cases, spilled oil easily penetrates the
soil to contaminate groundwater. Since oil on groundwater weathers and degrades slowly, if at all,
oil can affect potability and its use in industrial processes for decades or centuries. This is important
since about one-half of the population of the United States depends on groundwater (primarily the
small to medium sized communities and farms).1

Many large  groundwater spills have been well publicized.  For example, a refinery in Brooklyn,
New York apparently had tanks, pipelines or valves leaking  for years.  Approximately 20 million
gallons of petroleum  distillate was estimated to be under 70 acres  of industrial and residential
property2. During the first year of cleanup 95,000 gallons  were recovered.  Oil recovery will take
years.  An estimated $3 to 4 million will be spent on recovery and cleanup3.

Small spills can also influence groundwater use until the oil product has been removed.  This section
will discuss  groundwater oil movement, groundwater monitoring, oil containment and oil recovery
techniques.

OIL ON GROUNDWATER

When oil  penetrates the  subsoil to the  groundwater or  aquifer, the  oil can move on top of the
groundwater by spreading and by  groundwater flow.  The water table is that level of the water
observed in  wells.  However, in soils, water  can rise above the water  table due to capillary action.
Just as the liquid level will appear higher in a straw or the corner of a towel will transport water into
a towel, water sill  fill spaces in the soil above the water  table.  Oil entering this water will spread
and move on the capillary fringe (FIGURE 1). The capillary fringe can vary from three to 72
inches, depending on  soil pore geometry.  Permeability indicates a soil's ability to allow fluids to
pass from one space in the soil to other  spaces in the soil.  Larger spaces due to large soil particle
size have higher permeability; therefore, low permeability  may be one-half inch per year and high
permeability several feet per year.
6/92                                         1
This part of the Inland Oil Spill Training course manual was reproduced by permission of The Occupational and Environmental Safety Training
Division of the texas Engineering Extension Service, The Texas A & m University System.

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             [JNSATURATED
               ' SOIL '•
                               SATURATION LEVEL (WATER LEVEL)
                                           WATER FLOW
                                    FIGURE 1
                 OIL ENTERING GROUNDWATER (horizontal view)
At first, oil thickness increases under the influence of continued descending oil.  The force or
pressure exerted by the accumulation of oil will displace water in the capillary fringe and possibly
in the groundwater.  As gravity influences the  oil to  spread  and the pressure is released, the
groundwater returns to its former level.  In a uniform soil (all gravel, sand or silt) oil will spread
and move with water flow and form an egg-shaped oil plume (FIGURE 2).
                    ^•g^g
                                                  •;•;.-;^r. -.WATER FLOW.
                                     FIGURE 2
                     OIL ON GROUNDWATER (tangential view)
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If the oil comes into contact with a different size soil particle layer or rock fissure, it will change
the oil spreading pattern.  An impermeable layer would not only change the shape of the plume, but
also change the direction of oil flow as shown in FIGURE 3.
                                                   AFTER FLOW
        £o:^:fefe^v:^
          /o. _ __>._-•  _ _»    > ^** *_ .'  X^
            3.  J-
       -it IMPERMEABLE ^
       .•r-'.'vVb'-'^^cr-
       ^^^
         *~  >«•.-.'
         •«.--:i.,o«
                                       FIGURES
               OIL ON GROUNDWATER WITH IMPERMEABLE LAYER
As oil flows come oil (25 to 40 percent) will fill pore  spaces, adhere to soil particles and rock
surfaces and become immobile4, while soluble oil components can mix into the groundwater.  If
enough oxygen is available slow bacterial and/or chemical decomposition can occur.  In some cases
decomposition  increases water soluble components up to 10 times5.   Although the factors which
affect oil movement on groundwater are many and often interact with each other, spreading can be
estimated using the following formula6:
       Where:
              S
              V
              A
              R
              D
              F
              K
                            S = {(1000)(V) -
maximum spread of oil on the water table in m2
volume of infiltrating oil in m3
area of infiltrating at surface in m2
retention capacity of soil above water table in liters/m3
depth of water table
oil contained above capillary fringe in liters/m2
the  approximate correction factor in various oil viscosities
       K for gasoline = 0.5
       K for kerosene  = 1.0
       K for light fuel  oil  = 2.0
       "R" and "F" values are in TABLE 1
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TABLE 1
"R" and "F" VALUES FOR VARIOUS SOIL TYPES
SOIL
Stones, course gravel
Gravel, coarse sand
Coarse sand, medium sand
Medium sand, fine sand
Fine sand, silt
R
5
8
15
25
40
F
5
8
12
20
40
In using this formula, inherent errors in data can result from water table fluctuations (rises or falls
with the season) and by underestimating or overestimating "D" (the depth of groundwater).  Also,
oil thickness on the water table is not the same as oil thickness measured in wells.  In some find sand
or silt soils, oil in a well might be lower than oil on the groundwater.  This is due to a break in the
capillary fringe caused by the well.

However,  the  thickness of the product in a well  is more of an indication of the rate the product
moves through the soil or the position of the well in the plume7.

The movement of oil due to groundwater flow can be estimated by the following equation8.

                                 Q = 1/2 P {(h22 - h!2)/L}

       Where:
              Q
              P
              h1
              h2
              L
flow rate of groundwater in m3/day/m
permeability in m/day
height of groundwater
height of groundwater
length or distance between h, and h2
Both of the estimates are usable  for shallow groundwater problems or initial planning for deep
groundwater problems.  However, in deep groundwater problems, before time and money are spent
on containment and recovery techniques a monitoring system should be initiated to delineate plume
characteristics and to aid in effective containment and recovery9.

OIL IN GROUNDWATER MONITORING

The first step in successful groundwater monitoring is the preliminary investigation.  Information
sources such  as U.S. Geologic Survey maps and tables, Soil Conservation Service maps and tables,
state geologic  surveys, water  resource personnel, university geology  departments, city water
department maps and personnel, past oil company personnel or companies that have drilled in that
area and consultants can be used.  The information gathered can help you determine:
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        1.     groundwater flow characteristics
        2.     aquifer to surface water boundaries
        3.     recharge areas
        4.     local abstraction points (i.e., city groundwater wells)
        5.     flow mechanisms through fissured  or highly permeable zones

The  second step  in field  investigation.  Such  an investigation may include soil samples, water
samples or other hydrogeologic tests.  Soil samples may be examined for grain size in order to
accurately define the nature and location of the soil horizons.  From core samples one may also
determine the porosity of each soil horizon.  The boreholes may be used for water permeability
measurements. In addition, hydrocarbon percolation tests may be made. The groundwater head
distribution may be studied by inserting standpipes  (for monitoring he water level) into the completed
boreholes.   Ground penetration radar can  be used for defining geologic sequences, investigating
fractures and locating buried objects.  Electromagnetic frequency techniques can graphically show
horizontal and vertical characteristics such as aquifer boundaries and geologic interfaces10.  Both of
these latter methods can improve mapping of oil plumes over plume estimates  from just drilling
wells.  In fact, using these methods, in some rare cases, may prevent unnecessary drilling.

With some  highly volatile products,  the spread  of the  plume can be monitored by  the  vapors
migrating through the soil surface.  Although its presence in basements, oiled wells, trenches and
along disturbed soils  (i.e., buried pipelines) can indicate  where  the  oil is, its  absence does  not
indicate that the oil is not present.  Shallow boreholes and hydrocarbon monitors or explosimeters
can help identify vapor penetration5.  Field investigation may include  choosing  a water sampling
program.  A water sampling program may involve drilling wells, water and  soil  analysis and/or
mathematical modeling to estimate plume size and oil movement.

Generally, monitoring wells can be classified into three types: a piezometer, observation well and
a pumping well.  A piezometer is a small  diameter well that is tightly  sealed so that detection of
static pore water pressure can be used to determine the true direction of groundwater flow measured.
More than one piezometer can be installed in a well boring by sealing piezometers at different depths
from each other.  Piezometers can be either pneumatic or electric11.

An observation well is larger in diameter than a piezometer well and is used to measure oil/water
levels. Observation wells have been used to  determine the direction of groundwater flow by injecting
a tracer such as fluorescein, Rhodamine WT or salt water among a number of observation wells12.

While a pumping well is the largest in diameter of all, it is used for the introduction of pumps or
other equipment.  Water samples can be obtained  from observation and pumping wells. However,
certain problems may arise in each well type.

Not only is the type of well important but also where one drills a well. Permission must be obtained
from those  individuals or companies that have  surface  and mineral rights.  The location  of
underground structures such as gas, petroleum, or water pipelines, powerlines, telephone lines, sewer
lines and storm sewer lines should be identified and visibly marked.

Monitoring wells should be placed in a down gradient direction to the flow of groundwater and
spaced far enough apart to determine plume size.  At least one well should be drilled up gradient to
ensure that oil was not missed.  Monitoring wells should be used to confirm the preliminary findings.
Some situations can complicate groundwater monitoring and oil recovery. One of the more difficult
situations involves a land spill on or into bedrock13.   The oil moves into fissures and crevices and
along joints of bedded rock and bedding planes.  The upper layers of limestone, basalt and sandstone
usually  show  pronounced fissuring, especially if the area is in  a zone of tectonic disturbance.

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Predicting the underground movement of oil in such areas is quite difficult. Spilled oil may follow
fault lines in the direction of their dip. Sometimes recovery wells may be drilled along a fault line
to intercept the spilled oil (FIGURE 4).  This technique in particular requires sound geological
information before attempting any drilling operations.
               PERVIOUS LAYER . '
               IMPERVIOUS LAYER
 IMPERVIOUS LAYER
"\  ^-^   ^   ^-  \
                                        FIGURE 4
                        RECOVERY WELL ALONG FAULT LINE
In limestone, gypseaous and saliferous rock, wide fissures, crevices and solution channels may be
present (FIGURE  5).   This represents a most difficult  case,  as  solution cavities may hold
hydrocarbons for years, releasing them only in time of drought or flood.  In central Pennsylvania
in 1958, 50,000 gallons of crude oil were  lost in a limestone terrain honeycombed with solution
channels.  Recovery wells were drilled and much of the product was retained on the site. However,
in the mid-1960's a drought caused the water table to drop and oil stored in the limestone was
released, causing water well contamination.   The problem persists today14.

One method used in such areas to trace dispersion direction is  fracture trace  analysis.  Air photo
interpretation is used to find the major fractures which could be transporting the spilled product14.
Observation wells may then be drilled in order to locate the  oil.


These combined data offer a working knowledge of15.

        1.    the  amount  of hydrocarbon that must be  spilled in  order to reach the
              groundwater.
        2.    the direction  and  rate of migration of the product once the groundwater is
              contaminated,
        3.    the geological or hydrogeological boundaries that exist,  and
        4.    the rate at which the product may be extracted from the ground.
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                                 '  '  • PERMEABLE SOIL
                               '  SINKHOLE
                                           . LIMESTONE
    - '	 ,  .—!.-. -1— J	f ^A.-\-'— ,-   -TRAPPED OIL _  —

    "' ."-J^x^^ :«^5^^ii^^
           SOLUTION CHANNEL                WATER MOVEMENT
                               FIGURES
                   SOLUTION CHANNELS IN LIMESTONE
This information can be translated into a cross-sectional map showing the probable direction of travel
of the oil as it follows the groundwater system (FIGURE 6).
                                                         STREAM
                               FIGURE 6
                    SAMPLE GROUNDWATER SYSTEM
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SAMPLING DEVICES FOR MONITORING WELLS

Sampling devices may be as simple as an observation well with oil finding paste on a stick or as
complex as intricate well casings which are designed to take samples and pressure readings at various
depths.  Although existing wells may be used, date analysis can become complicated.  Drilling fluids
can change the chemical or biological well environment, water from several aquifers can flow into
a single well, surface  contamination  into a well can occur, and casing materials and pumping
equipment  can contaminate sampled water16.   High concentration of oil in groundwater may not
require  great accuracy in measurements so that polyethylene  pipe casings can be used. However,
when accurate samples are needed, a number of problems exist on choosing materials.

        1.     metal surfaces can catalyze certain chemicals (i.e., iron),
        2.     lubricants from pumps,  oils on pipes,  and glues from pipe joints  can
              contaminate samples, and
        3.     plastics in pipes, transfer hoses, or sample bottles can absorb some organic
              contaminants or bleed contaminated elements,  affecting samples17.

To avoid problems, metal or plastic materials should be soaked and washed before use in boreholes
and glues should not be used in joining well  casings.  In constructing sampling wells for trace
concentrations of some oils, glass or teflon materials  may be needed in well casings or sampling
apparatus16.

Sample  devices vary with the number of samples per well and with well depth. In the past, obtaining
multiple samples at various depths has required sampling in different wells. Recently a single well
with a multiple sampler has been used to  obtain the same results11.

Shallow aquifer sampling (less than 30 feet from surface) will  allow  the use of vacuum pumps to
transport samples out of wells.  However, deep aquifers (greater than  30 feet from surface) will
necessitate submerged pumps or air-lift systems. The air-lift system is a pressurized inert gas system
with chambers and check valves to force samples to the surface.  The advantage of an air-lift system
is that samples are not oxidized  since it does  not contact any  oxygen in the air.   Several air-lift
systems can be used within a single well if separated by seals.  They  become increasingly cost
effective with increasing depths.  The major problem with the air-lift system is that the check valves
used  in sample transfer can  become clogged with  soil  particles  if samples are not screened
properly17.

For deep wells, changes in pressure can cause chemical changes such as precipitation in the sample17.
With the additional data from samples, accumulation of oil and direction of flow can be confirmed
and recovery devices can be placed for the most cost effective program.

PRODUCT RECOVERY

Some of the oil on groundwater  can be removed three ways:

        1.    Open trenches
        2.    Back filled trenches with recovery crocks
        3.    Extraction wells

Water table depth and embankment slumping are the primary  factors in selecting a recovery device.
 6/92

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When water table depth is less than nine feet (3m) from the surface, trenching can be an economical
i-vrthod  in  oil removal.   The depth of the trench should be about three feet (1m)  below the
groundwater level and the width no more than six fee (2m).  Where possible the trench should span
the entire down gradient edge of the oil plume (FIGURE 7).

Oil skimmers or vacuum lines can be lowered  into the trench to recover  oil and a groundwater
depression pump used to increase the rate of oil  and water flow to the trench.  If the trench cannot
be extended along  the length of the oil plume,  an  impermeable barrier can be installed to divert
liquid flow towards the trench. For example, bentonite clay slurry can be pumped into narrow slots
in the ground or sheet pilings can be inserted or driven into the groundwater or aquifer  base10.
                                          PLUME

                                          BOUNDARY
                                                                 TRENCH
                                        FIGURE?
                             AERIAL VIEW OF TRENCHES
When open trenches cannot be maintained because they rapidly fill with mud or if freezing weather
would freeze water in/on open trench, a recovery crock can be used. A recovery crock consists of
a pipe that reaches from the surface to about six feet (2m) below the water table.  Some pipes can
be up to six feet in diameter.  The pipe is perforated with  slots or holes (2.5 inches) to allow oil and
water to enter.  After  a hole is dug larger than the diameter of the pipe, pea-gravel is placed in the
bottom of the hole to decrease turbidity by limiting soil particle movement as water  levels change.
Next, the  crock (pipe) is lowered into the trench so that the end stands on the gravel bed. Before
the trench is filled in  with a porous material (gravel, sand), a plastic lining or other impermeable
barrier is used to line the down gradient side of the trench above and especially below the water table
to guide oil to the crock and halt oil plume migration (FIGURE 8). A variation of this system is
to have radiating interconnecting perforated pipe at the water table to guide the product to the crock.
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                    Ditch
         IB
                    Top View
                                       Sump
         IB

                Longitudinal
                Section
Depressed Walcrtable
Undisturbed
Wateruble
                       Crost-Section
                                       FIGURES
                           RECOVERY DITCH WITH SUMP6
Product in crocks can be removed with skimmers or vacuum  devices.  Further,  a groundwater
depression pump can be used to create a cone of depression to encourage liquid flow toward the
crock and increase oil recovery rates (FIGURE 9).

For deeper water tables, augers, water jets, driven well points and rotary rigs can be used to dig a
recovery well (TABLE 2). Wells should be dug deep enough below the water table to allow for any
groundwater depression  techniques used. Auger types vary.   Hand held power augers with six
inches outside diameter  can drill to eight feet. Truck mounted augers with two  inches outside
diameter can drill to  120 feet.  Hollow stem augers may be used to take undisturbed soil samples.
Rotary rigs can be used for sampling soil when drilling and for sampling water upon completion of
the observation well.  Depths of 1500 feet can be drilled.
6/92
 10

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         Feed
       Trenches
                             V
                              !  Well :•
                            FIGURE 9
             COLLECTION WELL WITH FEEDER TRENCHES6
6/92
11

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Basically, wells can be classified into three types:

       1.      Single pump well
       2.      Double pump well
       3.      Double shaft well

Single  pump wells use  one device to remove oil  and contaminated water such as a skimmer or
vacuum device (FIGURE 10).  The major problems with single pump wells are: large volumes of
oil and water require large capacity storage, separators are needed to treat oil/water mixtures, some
pumps  emulsify water with oil and the pump must be able to  handle air, liquid and debris.  The
advantages for the single pump well are:  they can be less expensive to install and operate than other
recovery wells (especially when needed for a short time) and they are effective when low oil/water
recovery rates  are expected.
                                      FIGURE 10
                         SINGLE PUMP RECOVERY SYSTEM6

The double pump well combines a product recovery device and a groundwater depression device into
a single well (FIGURE 11). The double shaft well is similar to the double pump well except the
oil recovery device and the groundwater depressing devices are in separate well casings (FIGURE
12). The separation of devices allows better regulation of water level and flow within the well. The
main advantages of double pump  and double shaft wells are:  they are cost effective for large spill
volumes, they can recover relatively pure products and they can be made fully automatic6.
6/92
14

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             TO PRODUCT STORAGE
   TO SEWER, DRAINAGE, ETC.
               POWER CABLES
                              FIGURE 11
                    DOUBLE PUMP RECOVERY WELL
6/92
15

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                         TO COLLECTION TANK
          TO DRAIN —
                  •STATIC -LEVE-]
                                                       INNER SHAFT!
                   SCONE OF !
                  DEPRESSION
                   7*---K^:*S&-*6
                                       FIGURE 12
                                 DOUBLE SHAFT WALL
When the groundwater depression device creates a cone of depression, care must be taken to avoid
pumping the well dry or severely lowering the water level around any one well.  Past problems with
this technique include: oil displacing water in the soil and causing additional  contamination and
surface subsidence by collapse of geologic structures6.

In using groundwater depression pumps, provisions must be made to handle large volumes of water
pumped from a well.  Oil-water separation should be used before water is either transported to a
waste handling facility or discharged onto the land. In some cases water can be reinjected into the
ground to increase the recovery rate by flushing oil to the recovery point.  In some cases, water has
been added to the surface at the spill location to flush oil through the soil and to increase recovery
rates. The non-residual oil droplets and soluble oils will be moved.  It is most effective with light
products such as gasoline, diesel and kerosene.  In applying large volumes of water to the spill site,
the cone of  depression must  be maintained to  keep  flowing  oil within the recovery area.   If
government regulations require purification before discharging water in or on the ground, several
methods are available for treatment18.

Reverse osmosis uses high pressure to force a solvent (i.e., water) through a membrane but not the
solute (i.e., oil).  It is used primarily  for removing dissolved organic chemicals.  Ultrafiltration is
similar to reverse osmosis but can remove larger organic molecules. Aeration with the use of air,
ozone or hydrogen peroxide oxidizes dissolved hydrocarbons. Biological treatment uses bacteria to
6/92
16

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break down organic molecules on specially prepared carbon particles. Some other techniques such
as ion exchange  and chemical treatment are usually not as  effective  as previously mentioned
techniques. Where high quality water is required, a combination of techniques can be devised, such
as an oil-water separation, followed by aeration and activated carbon filtration.

SAFETY

When flammable  materials are being  recovered, fire prevention should be considered.  Be sure
submersible pumps are explosion proof and be sure pumps, engines and other igniting sources are
kept at least five feet from recovery wells.  Electric underground cables should always be protected.

SUMMARY

Oil on groundwater can be a serious problem.  It can contaminate water used for drinking, irrigation
or industrial processes.   Characteristics  such as oil volume,  oil viscosity, land area contaminate,
depth to water table  and  soil permeability will influence the amount of oil reaching the groundwater.
The hydrogeologic  factors within the aquifer will influence oil migration on the groundwater.
Therefore, groundwater  monitoring is necessary to have effective location and recovery of product.

Monitoring should  include thorough preliminary  investigation  and field  investigation.   Field
investigations require sampling that does not contaminate soil and groundwater samples.  Sampling
devices vary from sample probes to complicated well  borings with  intricate  sample casings and
sample pumps.  Also, complications can arise in sampling due to highly fissured bedrock, solution
channels in limestone and irregularities in bedding planes.

Products can be recovered using open trenches, filled trenches with recovery  cracks or extraction
wells. A properly constructed well can  recover oil from a large area surrounding the well.   Care
must be  taken in pumping large  quantities of water from an  aquifer.  Water recovered  may be
required to be treated before discharge. Well types  used are simple pump, double pump and double
shaft wells. Well choice will depend on the situation.

Safety precautions must be taken when dealing with volatile products.

LITERATURE CITED

 1.   Josephson, J.  1980. Safeguard for groundwater.  Environmental  Science and Technology
      14(1): 38-42.

 2.   Strauss, W.A., Jr.  1980.  Managing petroleum spills in groundwater:  a systems approach.
      In:  Proc.  1980 National Conference on Control of Hazardous Material Spills, pp. 207-209.
      Vanderbilt  University,  Nashville,  TN.

 3.   Van der  Leeden,  F., O.C. Braids and J.L. Fleishell.  1980.  The Brooklyn Oil Spill.  In:
      Proc.  1980  National Conference on Control of Hazardous Material Spills, pp. 245-249.
      Vanderbilt  University,  Nashville,  TN.
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4.    Dietz, D.N.  1980.  The intrusion of polluted water into a groundwater  body and the
      biodegradation of a pollutant.  In:  Proc.  1980 National Conference on Control of Hazardous
      Material Spills,  pp.  236-244.  Vanderbilt University, Nashville, TN.

5.    Schwille, F. 1981. Groundwater pollution in porous media by fluids immiscible with water.
      Sci. Total Environ.  21:  173-185.

6.    Concawe. 1981. Revised, Inland Oil Spill Cleanup Manual.  Kept. No. 7/81. 152pp. Den
      Haag.

7.    Fetter, C.W., Jr.  1980.  Applied Hydrology.  Charles E. Merrill Publ., Columbus, OH.

8.    American Petroleum Institute.  1972.   The migration of petroleum  products in soil and
      groundwater, principles and countermeasures.  Publ. No. 4149 pp. 36.  American Petroleum
      Institute, Washington, DC.

9.    Cherry,  J.A. and P.E. Johnson. 1982.  A multilevel device for monitoring in fractured rock.
      Groundwater Monitoring Review 2(2):  41-44.

10.    Naymile, T.G.  and  M.J. Barcelona.   1981.  Characterization of a containment plume  in
      groundwater, Meredosia, IL.  Groundwater 19(5): pp. 517-525.

11.    Mida, K.W.  1981.  An economical approach to determining the extent of groundwater
      contamination and formulating a containment removal plan. Groundwater 19(1):  pp. 41-47.

12.    Osgood, J.O.    1974.   Hydrocarbon  dispersion  in  groundwater  -  significance and
      characteristics.  Groundwater 12(5):  pp. 427-438.

13.    Pettyjohn, W.A., W.J. Dunlap, R. Cosby, and J.W. Keeley.  1981.  Sampling groundwater
      for organic contaminants. Groundwater 19(2):  pp. 180-189.

14.    Wilkinson,  W.B.  and K.J. Edworthy.  1981.  Groundwater  quality  monitoring  system -
      money wasted?  Sci.  Total Environ.  21:  pp. 233-236.

15.    Jones, F.L. and R.A. Jones.  1983.  Guidelines for sampling groundwater.  J. Water Polut.
      Cont. Fed.  55(1): pp. 92-96.

16.    Morrison, R.D. and P.E. Brewer.  1981. Air-lift samplers for zone of saturation monitoring.
      Groundwater Monitoring Review  1(1):  pp. 52-55.

17.    American Petroleum Institute.  1980.  Underground spill cleanup manual. API Publ.  1628.
      pp. 34.   American Petroleum Institute, Washington, DC.

18.    Ghessemi, M.K. Yu and F.J. Freestone.  1980.  Applicability of commercialized wastewater
      treatment techniques to the treatment of spill-impacted waters.   In:  Proc.  1980 National
      Conference on Control of Hazardous Materials Spills,  pp.  65-71.  Vanderbilt  University,
      Nashville, TN.
6/92                                       18

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FURTHER READING

Duffy, J.J.,  E. Peake, and M.F. Mohtadi.  1980.  Oil spills on land as potential  sources of
groundwater contamination. Environ. Intl.  3:  pp. 107-120.

Fronczak, R.E. and K.K. Hersey. 1981. Oil in groundwater: An Industry's Analysis and Remedial
Action.  In:  1982 Hazardous Material Spills Conference, April 19-22, 1982, Milwaukee, WI. pp.
311-328. Government Institutes, Inc., Rockville, MD.

Kazmann, R.G.   1981.  An introduction to groundwater monitoring.  Groundwater Monitoring
Review  1(2):  pp. 28-.

Minugh, E.M., J.J. Patey, D.A. Keech, and W.R. Leek.  1983.  A case history  cleanup of a
subsurface leak of a refined product.  In:   Proc.   1983 Oil Spill Conference,  pp. 347-403.
American Petroleum Institute, Washington, DC.

Saines, M.   1981. Errors in interpretation of groundwater level data.  Groundwater Monitoring
Review  1(1):  pp. 56-61.

Saunders, W.R., R.W. Castle, and C.R. Foget.  1983.  Delineation of subsurface petroleum spills
using terrain conductivity measurements.  In:   Proc. 1983 Oil  Spill  Conference,  pp. 415-417.
American Petroleum Institute, Washington, DC.

Slawson, G.C., Jr., K.E.Kelley, and L.G. Everett. 1982.  Evaluation of groundwater pumping and
bailing - application in the oil shale industry.  Groundwater Monitoring Review 2(2): pp. 27-32.

Willman, J.C.   1983.   Case history:  OPEC in southern  Idaho.   In:   Proc.  1983 Oil Spill
Conference,  pp. 389-391.  American Petroleum Institute, Washington, DC.
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                                     SECTION 11

                                        PART II

                      OIL SPILLS IN THE ENVIRONMENT
WHY PROTECT THE ENVIRONMENT

Our natural environment is a dynamic and constantly changing system.  In addition to providing the
basic needs of man, such as food and oxygen, our environment offers recreation, aesthetic beauty,
and a laboratory for studying the living world.

One reason that biologists are concerned with the fate of plants and animals that have no apparent
value is that living organisms form complicated and often delicate units that can become unbalanced
by outside influence.  Damage to a seemingly insignificant part of the chain can result in the eventual
reduction in valuable species.

Our environment is quick to respond to new influences, such as an oil  spill.  The extent of the
damage (often it cannot be measured) and the period of recovery depend on a number of actors that
will be covered in this section.  One role of the cleanup supervisor is to be alert to environmentally
sensitive areas and know how to minimize damage from a spill.

THE MARINE ENVIRONMENT

The marine environment can be divided into several zones (FIGURE  13).  The zones of  most
concern are the intertidal and subtidal zones to a depth of 50 feet because these zones are most likely
to be affected by oil spills. Each of these zones has a characteristic plant and animal association that
is often described as  being in balance. Many of the organisms have a very limited ability to cope
with changes  in their environment and will die if an extreme change occurs.  Since many numbers
and types of  organisms exist in  the  intertidal zone, it  is important to keep spills from reaching
shoreline areas.
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This part of the Inland Oil Spill Training course manual was reproduced by permission ofThe Occupational and Environmental Safety Training
Division of the texas Engineering Extension Service, The Texas A & M University System.

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                                       FIGURE 13
                     ZONATION IN THE MARINE ENVIRONMENT
The intertidal zone is the part of the marine environment that lies between the high and low tide
marks (FIGURE 14).  This zone is generally exposed to  air at least once a day and the organisms
living there must endure very harsh conditions such as drying, freezing, heating, wave shock, bird
predation, etc.

Intertidal habitats include three  basic types:  rocky, sandy, and muddy.  The intertidal zone,  as
demonstrated by the rocky shore (FIGURE 14), is divided into upper,  mid, and lower  intertidal
areas.  The upper intertidal becomes wet when the tide is  high and dries at  low tide. Oil splattered
on warm, dry substrate sticks readily and thick  accumulations of oil can occur.  Fortunately, the
upper intertidal zone also has smaller plant and animal populations than the zones below.

The mid  intertidal zone generally stays moist when the tide is out and oil has less chance to adhere.
This zone has  larger  populations of organisms  than the upper intertidal.  Common rocky mid
intertidal organisms are barnacles and mussels.

The lower intertidal zone stays wet even at low tide because of wave action.  Oil  generally has the
least chance of sticking, and if is does, it forms fairly thin layers. However, because the organisms
in this zone are submerged much of the time, they have a better chance of being  affected by toxic
oil fractions dissolved  in the water.  In the lower intertidal are numerous types of  seaweeds, clams,
worms, starfish and small crustaceans.  The richness of marine life increases greatly with increase
in depth  in the lower portion of the intertidal zone.
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 Dries out between tides.
 CHI can stick to warm, dry
 surfaces.


  Stays moist between tides.
  Oil less likely to stick.
  Stays moist.
  Oil not likely to stick.
                         Supratidal
 Upper Intertidal
                                                     Periwinkle Snails
Lower Intertidal
                                      FIGURE 14
                  ZONATION OF ORGANISMS ON ROCKY SHORES
Sandy and muddy intertidal habitats usually appear barren when compared to rocky habitats where
the organisms can be easily seen. This is deceptive because the majority of animals live beneath the
surface, either burrowing through the substrate or living in tubes. Sandy habitats occur when wave
action keeps clay particles from settling and allows only heavier sand grains to remain on the beach.
Muddy habitats occur where wave action is absent or very slight.

Sandy mid intertidal organisms include burrowing shrimps, mole crabs and several types of worms.
The lower intertidal harbors clams, snails and worms (FIGURE 15).
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                23

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                       GHOST CRAB
                       BURROW
                                                     GHOST SHRIMP
                                                     BURROW
                                                           MOLE
        UPPER1NTERT1DAL
                        LUG WORMS
                             CLAMS
                       MID INTERT1DAL
                                        LOV/ER 1NTERT1DAL
                                     FIGURE 15
                 ZONATION OF ORGANISMS ON SANDY BEACHES
Muddy areas usually have numerous tidal channels and extensive grass or mangrove flats.  These
areas are often called marshes.  They are characteristic of many asterion shores and are dominated
by grasses in the temperate climates and mangrove trees in the tropics.  Marshes are very important
in the marine ecosystem (FIGURE 16).  Marshlands serve as nursery areas for many commercial
as well as non-commercial species.  There is a great amount of plant production which furnishes food
for the organisms living in the marsh and in the adjacent estuary. Marshes also support an abundant
variety of wildlife and are  important in shoreline stabilization to prevent erosion.
                                                           INSECTS
                                      CHANNEL
         - 1NTERTIDAL


         I	     * CLAMS

                 Young
                  Shrimp
                              * CLAMS   •• SNAIL
                                     FIGURE 16
                  TYPICAL MEMBERS OF A MARSH ECOSYSTEM
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The subtidal zone is always under water (FIGURE 17).  As such, it will be affected by the oil
fractions which can dissolve in water. This zone is inhabited by many different types of plants and
animals.
                                                           PLANKTON
                           WORMS
                                        CLAMS
                                                  SNAILS
                                       FIGURE 17
                        ORGANISMS OF THE SUBTIDAL ZONE
Plankton consists of the mostly microscopic plants and animals that possess little or no power of
locomotion and are carried about by water masses or currents.  Phytoplankton (plants) are very
important producers of food and oxygen. These small organisms trap sunlight and use it to convert
chemicals in the water to living plant material.  They release oxygen  in the process.  Since light
intensity decreases as  light penetrates the water column,  most phytoplankton are located near the
ocean surface.

Zooplankton  (animals) feed  on living  and dead phytoplankton  and in turn  are  eaten by other
organisms. Some zooplankton are immature stages of ocean floor animals and  fish, while others
pend their lives in the plankton.

Very small organisms such as bacteria live in and on the ocean floor and constitute a  major food
source for many animals. Many feed on waste matter and the remains  of dead animals and plants.
Larger animals (crabs, shrimp, clams, snails, worms, etc.) also live in and on the ocean floor.  In
many cases an ocean floor that appears lifeless on casual inspection, actually harbors a great variety
of animals.
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These bottom dwelling organisms have many ways of feeding such as filtering the sediments and
digesting the organic matter and bacteria; eating plankton; eating dead organisms; or eating other
ocean floor animals.  The seaweeds living on the sea floor also contribute to the food available in
the ocean and release oxygen.

The various types of fish display a number of feeding habits.  They feed on intertidal organisms, on
bottom dwelling animals, on plankton, on seaweeds and on other fish.  The fish are eaten in turn by
larger marine mammals (seals, sea lions, whales, etc.) and by man.

All these plants and animals are interdependent on each other, and the relationships can be quite
complicated.   FIGURE 18 shows a generalized way in which the various types of animals relate to
each other in the food chain. The  interdependence can be delicate, and if a disruption occurs, the
system is thrown out of balance.   This disruption can be  caused by  oil spills.   Under natural
conditions, population numbers for any given organism fluctuate on a regular basis. As reproduction
occurs, the population rises, and when individuals are weeded out by death or by being eaten, the
population falls, because of the  interdependence between organisms, a second organism may have
a population cycle which is the opposite of the first (FIGURE 19).
                            PLANKTON-EATING
                                  ANIMALS
                               ZOOPLANKTON
                             PHYTOPLANKTON
                                       &
                                  BACTERIA
                                     FIGURE 18
                    GENERALIZED FOOD CHAIN IN THE OCEAN
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If organisms are killed or damaged by oil in their environment, the most sensitive are likely to feel
the oil's effects first.  This unbalances the environment because the population density will shift,
favoring the hardier organisms.  If the sensitive and hardy types are in competition for living space,
the hardy types usually take over  (FIGURE 19).  An example  of this is the relationship between
seaweed and seaweed-eating algae. Both are injured by an oil spill, but seaweed recovers faster and
will form dense mats  on intertidal surfaces or dense canopies in the subtidal zone.   This makes it
more difficult for the  algae to increase their population, and the seaweed overruns the area.
                                                      RESISTANT POPULATION
                                                     ENSinVE POPULATION
                                                          RESISTANT POPULATION
                                             SENSITIVE POPULATION
                                      FIGURE 19
             INTERRELATION OF SENSITIVE LAND RESISTANT TYPES
                      OF ORGANISMS WHEN EXPOSED TO OIL
It is true that natural disruptions occur in the environment from floods, hurricanes, etc.  However,
this in no way lessens the necessity for man to exercise every precaution to keep his activities from
having a major impact on the environment.  Many organisms are living naturally near the limit of
their tolerance to many environmental factors, and additional stress by manmade pollutants may have
drastic effects.
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OIL IN THE LAND ENVIRONMENT

The effect from large ocean spills on chemical, physical and biological processes have been well
published and documented1'2> 3, yet the effects from inland spills are not as well known. Although
some experiments  on  inland  organisms have demonstrated  physiological stress induced  by
hydrocarbons, dynamic spill  induced changes  in organism populations are only beginning to be
understood.

AREAS  TO PROTECT

It will be up to you to become acquainted with the  area in which you work and to determine, with
the help of local engineers and biologists, the most vulnerable sites in case of an oil  spill.

It is somewhat difficult to arrange a list of priorities, and the following should not be considered as
absolute.  The two most important areas to protect are drinking or cooling water intake structures
and marsh lands. The negative public reaction to contaminated drinking water or the shutdown of
industrial plants could be disastrous, and the biological damage from a contaminated marsh could
be significant. In the Gulf of Mexico, about 89% of the volume (Ibs.) of commercial  sport fisheries
is dependent on species which spend part if not all of their life  history in estuaries.  You should
protect the mouths of tidal rivers to prevent oil  from being carried upstream during  flood tide and
contaminating greater areas.   Shorelines should be protected as  should  oyster and coral reefs.
Lowest on the list of priorities  from a biological  standpoint are marinas and similar structures.
While oiled  boat hulls and marina walls are ugly to the public and difficult (and expensive) to clean,
there is usually far less biological damage done in marinas than elsewhere.

EFFECTS ON HUMANS

Crude oil may not be thought to be highly toxic to humans, but the major  chemicals that make up
a crude oil can be harmful (gasoline, benzene, phenols, cresols).  The harmful effects  can vary from
chronic to acute.4 The problems arise from those hydrocarbons that are distilled from crude.  A
major problem with  short carbon chained alkanes,  such as those hydrocarbons  which make up
gasoline, is  flammability, but these vapors can also exert  a slight anesthetic  and depressant effect on
the central  nervous  system at concentrations from 5  to  10,000  parts per  million (ppm) (up  to  1
percent of air volume).  Larger concentrations (up to 4 percent air volume) may induce narcosis and
convulsions leading to death.  At extremely high concentrations, these products can displace inhaled
oxygen and  cause anorexia and asphyxiation. A more common problem with alkanes is irritation of
skin and mucous membranes.  Carcinogenic, teratogenic  or mutagenic effects have not been found
in humans or other mammals.

The aromatics are ringed hydrocarbons such as benzene, toluene and xylene. Although benzene has
been  recognized as a toxic substance (as low as 0.7 percent air volume), lower concentrations can
affect the central nervous system (respiratory paralysis, mucous membrane irritation with pulmonary
edema, gastrointestinal irritation, skin blistering, and paraesthesia  - loss of tactile sense). The effects
of toluene and xylene are not as extreme.  Toluene effects are documented by painters and  "glue
sniffers" habituation.  Both chemicals can cause fatigue, mental confusion, loss of coordination,
severe nervousness and insomnia as well as skin and mucous membrane irritation. Although benzene
can occur in crude and gasoline, toluene and xylene are  not as common.
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Other aromatics such as phenols and cresols occur in some crudes.  Since phenolic compounds
(phenols) are acidic, they can be corrosive to skin, eyes, and membranes.  They can also induce
nausea, vomiting, difficult breathing, pulmonary edema, headache, visual disturbance, convulsions
and partial paralysis. Many phenolic compounds are readily absorbed into the blood stream and have
acted as carcinogens and co-carcinogens in animals. Cresols also cause skin and mucous membrane
irritation and corrosive tissue burns, especially tissues of the kidney and liver.  The microbicidal
effects have long been known, as cresol-treated posts resist the attack of bacteria and fungi.

Crude  oils  may contain metals which can be carcinogenic, mutagenic or teratogenic.  Lubricants
usually contain metals. The effects vary from skin irritation, kidney or liver damage and cumulative
poisons to death.

Generally,  the effects by hydrocarbons can be categorized into five classes:

        1.      Direct lethal toxicity  (death)
        2.      Sublethal  disruption of  physiological  activities  (depression,  nausea, narcosis,
               convulsions,  fatigue, insomnia,  pulmonary  edema,  gastrointestinal  irritation,
               paraesthesia)
        3.      Direct physical coating (mucous membrane  irritation, skin blistering, death)
        4.      Incorporation of oil in organisms' body (carcinogenic,  teratogenic, mutagenic, death)
        5.      Alteration of habitat (acidity,  heavy metals accumulation, death)

Studies of  these effects during actual spills  have been limited.   Furthermore, many of the acute
effects may require prolonged exposure or heavy doses.   However,  the chronic effects can bring
about poor  worker performance and/or damage claims.  Therefore, personal and public safety should
be a primary consideration.

SPILLS ON LAND

When oil is spilled on land, some oil will evaporate, some oil will stay on the surface, and some oil
will  penetrate into the soil.  Oil that evaporates generally  does little  harm, as the vapors disperse
below harmful limits.  However, accumulated vapors in low lying areas (stream bottoms) or highly
flammable  products can ignite and cause thermal damage (burn scars, dehydration, and/or death) to
both plants and animals.

Oil that stays on the land surface can coat plants and animals with varying effects.  Total coating can
smother an organism.  The effects of partial coating will vary with the season.  Generally, plants
coated during the non-growing season (due to cold temperatures, extremely hot temperatures, or dry
season) are affected less than during growing seasons. Plants coated with oil during the growing
season (especially early in the  growing season) may cease photosynthesis due to the oil limiting light
from reaching the leaves.  The complete or partial oil coating on plant leaves  can also be toxic to
the plants7, can reduce seed production8, or can reduce germination9.

Generally,  plants that live only one year or less (annual plants) are not as tolerant of oiling as plants
that  live more than a year and  that can regenerate from roots (perennial plants).  This trend has been
found in the tundra  where mosses, lichens, and liverworts are affected more than dwarf and woody
shrubs10, in grassland with annual and perennial grasses11,  in forests  with various trees12'13, and in
marshes with annual and perennial grasses14'15.


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When plants are not tolerant of oil, elimination of plant species can be as high as 90 percent during
the first year after the spill.   One the other hand, light oiling has been found to stimulate  some
plants5'6.  If the number of plants is reduced, the spill can contribute indirectly to soil erosion.

Oil that seeps into the ground can have direct effects on plants (FIGURE 20) and other organisms
that may affect plants or animals. Besides direct toxicity to roots, oil can decrease oxygen in soil
by filling air-filled pores. Kerosene based jet fuels are particularly resistant to oxidation due to the
addition of oxidation  inhibitors.  Generally,  oil  oxidation is highest for crude  followed by leaded
gasoline, kerosene, motor oils and diesel fuel.

With an increase in oil,  some decomposing micro-organisms can increase, which can decrease or
stop plant growth.  Oil can reduce nutrient availability and increase toxic elements to plants8'9j 18.
Oil has been shown to interfere with root uptake of water19.

Changes in microorganisms' numbers (bacteria and fungi) can occur after an oil spill (FIGURE 21).
Since bacteria and fungi  are necessary for the breakdown of organic matter, including oil, and the
recycling of nutrients, changes in their numbers can affect their ability to degrade organic matter and
supply plants and other organisms with nutrients (FIGURE 22).  Oil can change the numbers of a
species by death of microorganisms20 and/or by stimulating growth of other microorganisms21. For
example, a microrhizal fungus (root fungus)  aids plants  in acquiring nitrogen.   Crude oil is known
to decrease these fungi, thereby decreasing plant growth22.

Other problems may  result from the fact that some  species that degrade oil  change an insoluble
hydrocarbon into a more soluble hydrocarbon,  such  as  naphthalene, xylene or benzene, that can
dissolve  into the  groundwater  and cause pollution  of potable waters25;  also, some  species  of
microorganisms which may increase after a spill are known to be pathogenic23'24.
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                                                           Photosynthesis
                                                     Gas Exchange

                                                     Water Update

                                                     Nutrient Uptake
                                   FIGURE 20
                           OIL COATING ON PLANTS
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                                                      (Vextrebnte Pathogen)
                             (Oil Eaters)

                          ABC
   Detntal
  Decomposer
                  Increase
                  Decrease
                                   microorganisms Populations
                                       Nitrogen
                                        Fixer
       O   H

       Detriul
      Decomposer
                                       FIGURE 21
                           EFFECTS OF OIL ON BACTERIA
            Sutricnli
            NHj-N
            PO,-P
            Micronutriou
                                                                      Bio-polymers
                                                                         More Bacteria
                                                                       Metabolic By-products
                             Sources
                             NH} NO,
                             Fe—  Fe-H--t-
                             r s
                             -C- CO,
                                       FIGURE 22
                       BACTERIA ARE THE PRIME DEGRADERS

The effects of land spills on animals generally are a problem more to small animals  with  little
mobility  than  larger  animals  with  greater mobility.   Most mammals and  bird will avoid  oil
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contaminated land unless they are incapable of leaving.  For example, two dead sheep were found
after consuming oiled seaweed which was their main winter food source26.  Small animals such as
worms, spiders and insects contacting oil can die from oil toxicity or from physical restraint of
highly viscous oils. For example, experimental populations of crickets were reduced by as much as
70 percent due to oil ingestion and integument absorption27.

OILS ON WATER

Oils can enter marshes, lakes, streams or rivers by surface runoff, subsurface oil spreading, oil in
underground water flow or spills on water.  Its effects can be toxic  enough  to cause death or
physiological stress; or it can have few observable effects on plants and  animals.  Phytoplankton
production (microscopic plants) has  declined following exposure to crude28' 29 or  has  remained
unchanged after crude exposure30.  This same variability in response has been found for algae31 and
marsh grasses7'32.  This variability  may  be  caused by the  type of oil, the amount of time an
organism is exposed to oil, and the physiological condition of the organism. Although the reduction
in productivity may be caused by many factors, a few possibilities are: reduced bicarbonate uptake,
which  affects photosynthesis33, and inhibition of DNA and RNA biosynthesis34.  The problem with
reduction  in production in productivity is a change in population of organisms.  In an experimental
benthic algae community, the use of No.  2 fuel oil, Nigerian crude or used crankcase oil depressed
the green  algae and diatom production35.  Furthermore, this condition allowed blue-green algae to
develop. A reduction in plant productivity will require its predators (animals) to change diet, reduce
growth rate, move to an unaffected area or face starvation.

Oil effects on animals have resulted in wildlife losses as dramatic as some marine oil spills. A crude
pipeline leak  under river ice resulted in the death  of 10,000 ducks, muskrats and beavers36.
Following  an aviation gasoline spill in  a stream,  2,500 fish and macro invertebrates  (insects,
crustaceans, snails, worms) died within the first tow miles of the spill37.  A diesel spill in a creek
resulted in an estimated 90 percent fish loss and the death of many macroinvertebrates.  After a No.
2 fuel  oil spill in a creek, 20 carp,  a turtle,  a beaver and a wood duck died39.  Runoff from a
gasoline tank truck collision into  a pond resulted in the death  of three wood ducks and an
undetermined number of snakes40.

One reason for spill related death to animals is hydrocarbon toxicity.  Although freshwater organisms
have not been as extensively studied as marine organisms, oil can cause death or physiological stress
in an animal (TABLE 3).  In marine environments, hydrocarbon toxicity can result in individual
death,  physiological  stress in body  organs,  behavioral changes  and teratological effects41' 42.
Physiological  stress includes lesions  in veins, intestines, gills, kidneys, and increased respiration
rates.   Behavioral changes include  reduced  chemotactic  perception  (antenna  reception in
invertebrates) which can affect food  locating behavior, predator perception, the finding of sexual
partners, aggression and grooming.  Teratological effects (especially in birds) include inhibition of
gonadal development, reduced egg production and embryo or young malformations (TABLE 4).

The chance of an organism being affected by a spill will depend on the type of oil (particularly those
with soluble aromatics),  time exposed to oil and the physiological condition of the organism.
Generally, those organisms that live  at the water's surface or frequently  visit the water's surface
(high concentration of soil) will be affected more than organisms deeper in the water column (low
concentration of oil) (FIGURE 23).   However, shrimp, a water column species, have  been shown
to survive toxicity experiments;  yet during spills  massive die-offs have occurred as  shrimp obtain


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lethal doses by surfacing at nigh! and contacting slicks60. The surfacing behavior is also known for
zooplankton.   Although after a spill zooplankton were not affected by oil, they contributed an
estimated 20 percent or more of oil volume to the bottom fecal droppings61.
                                    FIGURE 23
           SHRIMP AND ZOOPLANKTON SURFACE AT NIGHT TO FEED
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34

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Another reason for spill related death is oil coating an organism.  Although low viscosity oils (gasoline,
diesel) are usually more toxic than highly viscous oils (bunker C, heavy crude, weathered crude), highly
viscous oils usually cause more damage by coating organisms.  The highly viscous oils can physically
entrap insects, worms, and mollusks62'63, or reduce the insulation ability of mammal hair or of bird
feathers64'65'66.  Oiled birds and mammals would need to increase body heat 1.7 to 2.5 times greater
than normal to maintain body warmth.  This would require  an increase in food intake and/or increase
body fat metabolism. Failure to do so can result in pneumonia, starvation and death (TABLE 2). Birds
most often affected in inland waters are the following:

        1.     divers (loons, grebes, cormorants, pelicans)
        2.     waterfowl (ducks, geese, swans, mergansers)
        3.     waders  (herons, egrets,  sandpipers, plovers,  gulls and terns)
        4.     hawks (peregrine falcon, osprey, bald eagle)

Birds affected least are most land  birds (quail, pheasant, jays, starlings, woodpeckers and sparrows).

Marine mammals generally have insulation of fat and hair which provides them protection from loss of
body heat when coated  with oil. Except for a few hair  seals, marine mammals have few problems with
spills other than eye irritation.  However, freshwater mammals, many being  small, can have problems.
After the Sullom Voe oil spill13, otters (Lutra lutra) were dead apparently due to oil coating26.  Other
evidence from oil sludge pits, tar pits, and  oil field spillage pits  demonstrates  oil's ability to entrap
wildlife, as shorebirds, numerous ducks, herons, mockingbirds,  crows, hawks, owls, cottontails, rats,
skunks, toads, grasshoppers, beetles, dragonflies, moths, and butterflies were found trapped in the oil67.
                                         TABLE 4
                        SUMMARY OF OIL EFFECTS ON BIRDS
                                        Oil on Birds
                                             1.     Pneumonia
                                             2.     Starvation
                                             3.     Death
                                        Oil in Birds
                                             1.     Inhibition of gonadal development
                                             2.     Reduced egg production in hens
                                             3.     Embryo malformation
                                             4.     Chick malformation
                                             5.     Reduced growth rate in ducklings
                                        Oil on Eggs
                                             1.     Embryo death
                                             2.     Embryo malformation
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DETERRING WILDLIFE

When wildlife (primarily birds and mammals) can be harmed by a spill, a natural consideration would
be to keep the oil away from the wildlife or the wildlife away from the spill.  Although deterring wildlife
can be accomplished, a single technique will not work on all birds or mammals. Furthermore, deterrent
devices may be useless where breeding wildlife have nests, dens or young.

Deterrent techniques have been developed to encourage birds and mammals to stay away from airports,
oil ponds, oil lagoons and other areas68. They use sound stimulus, visual stimulus, or both stimuli to
scare wildlife. Wildlife responses to a stimulus vary. Diving birds, such as loons, grebes, cormorants,
and anhingas will usually dive in response  to danger, while non-diving birds, such as dabbling ducks,
gulls and coots, will take flight in response to danger.  Molting birds may be incapable of leaving an
area.   Wildlife will become habituated to a deterrent device  with  time.  Therefore,  deterrent devices
should be used only where wildlife  is threatened and  should not  be deployed due to its availability.
Also, birds tend to contact oil more often at twilight and at night when cleanup operations are few.
Many water birds roost in ponds, lakes, marshes and rivers.  Therefore, a good wildlife deterrent must
be mobile, effective over a large area, effective for wildlife threatened at day and night.

Some examples of sound deterrent devices are distress calls, predator sounds, Av-Alarms, pyrotechnics
and gas exploders.  Distress calls are recorded calls of a species that when broadcast cause the species
and possibly  closely related species to disperse. Although most species are slow to habituate to their
own distress  call, some species do not or rarely give a distress call. Predator sounds have  been used
in marine environments by using killer whale sounds to disperse seabirds and on  land to remove flocks
of birds  from trees69.  Their use in inland areas has not been tested thoroughly.  The Av-alarm is  a
proprietary device that produces loud sounds in the frequencies of the  species to be dispersed.  The
sounds are thought to interfere with the communications of the flock,  therefore creating  stress in the
species which causes them to disperse.  The sounds from one of these devices are also effective on
people. Pyrotechnique devices make a loud  noise and/or light flash to scare wildlife, although the stimuli
does not mimic any naturally occurring experience.  Some examples are shell crackers, verey flares,
rockets, mortar shells and dynamite.  Shell crackers are used in a shotgun. Shell crackers are commonly
used at airports with bird problems.  Verey  flares shot from a hand gun produce a trail  of smoke,  a
flare, and a loud pop.  When choosing pyrotechniques, oil flammability and operating aircraft should
be considered. Gas exploders use propane or acetylene gas to ignite and produce a loud pop  somewhat
similar to a shotgun shell being fired.  They have been widely  used  in agricultural areas to disperse seed
eating  birds and in grasslands to disperse coyotes.

Devices that use visual stimuli include scarecrows, dyes, lights, reflectors, hawks and falcons and food
lures.  Scarecrows are generally of limited value because wildlife becomes habituated to the device and
it only works during the  daytime.  However, human effigies in small boats that rock with wave action
have shown some success70.  Dyes producing colored water or colored oil could be quickly applied by
aircraft but would be only effective during the day.  The testing of eight colors has shown orange to be
the best deterrent with black being the worst deterrent71.  Search  lights and flashing lights have been
successful at dispersing feeding and flying waterfowl at  night.  However, search lights may attract some
birds, especially during rain, fog, or heavy cloud cover. This phenomenon is particularly noticeable at
inland  areas adjacent to the Gulf of Mexico from the end of March to the middle of May, when billions
of small  birds migrate across the Gulf and are attracted to light.  In using strobe or flashing  lights, the
optimal color tends to be red with a flashing rate of 6 to 12 seconds. However, this rate can stimulate
epileptic seizures in susceptible people. Reflectors such as aluminum pie tins have shown only limited


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success.  However, their success has been increased by allowing tins to move. Aluminum tins work best
on sunny days.  Similarly, hawks and falcons work well on fair weather days.  They require extensive
care and training, and work best over inland areas.  Food lures may attract birds away from a spill or
may attract more than a normal number of birds to a spill area.  Since a food lure would need to be
placed near the spill to be effective, it may attract high numbers of birds upon continuous use for several
days.

The use  of aircraft and model aircraft use both sound and visual stimuli to scare  wildlife.  Although
aircraft can quickly scare birds away from a large  area,  some water birds will dive from the stimuli.
Also, many birds  will be reluctant to leave wildlife sanctuaries, especially after the start of hunting
season.

SAVING OILED WILDLIFE

When oiled birds or mammals are observed, one may be  inclined to "rescue" the oiled animal. Before
an animal is subjected to this stressful situation, a few questions should be answered.

        1.     Would the animal be better off without being cleaned?
        2.     Are there nearby facilities  for cleaning the animal?

Generally, a light amount of oil may not hinder an  animal's daily activity.  If  an animal is moderately
or heavily coated the animal may be saved if cleaned.  However, if cleaning  cannot be initiated quickly
(within one day of capture) the changes for the animal's  survival diminish.

Another  consideration is the legal aspect.  Although it is illegal to capture  and  hold a migratory bird
(includes ducks, geese, swans, cormorants,  loons, grebes, herms, egrets  and pelicans) without the
appropriate U.S. Fish and  Wildlife Service and state permits, the law may be  relaxed   during an
emergency.   Also, a person cannot capture and hold migratory birds until after permits  have been
received.

If the animal would be more likely to survive after being  cleaned, the first step  is to capture the animal.
Depending on the animal type, the rescuer should wear gloves, clothes to cover the body, including the
arms and goggles.  These coverings will reduce personal injury from animals that  scratch or birds that
attack the eyes. Remember, animals can inflict painful  injuries by biting or  scratching.   Some oiled
animals can be easily caught with a long handled net. However, animals should not be chased until they
collapse  due to exhaustion.  After an  animal is captured, sometimes struggling can be  reduced by
covering its eyes  with some object to shut  out light.   Each animal  should  be placed  in a separate
container for transportation. Boxes with lids work well for birds, and garbage  cans with lids work well
for smaller mammals.

Ideally,  animals should be  transported to a rehabilitation center  within  one  hour.  Therefore, it is
imperative that rescue operations be preplanned.  Even though publications can describe what needs to
be  done72'73,  without proper training, cleaning efforts can be futile.  Trained personnel can be found
through  the state agency that issues bird handling permits, the fish and wildlife service,  zoos or other
wildlife exhibiting organizations. Organizations that clean oiled animals are:
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                            International Bird Rescue Research Center
                                          Aquatic Park
                                      Berkeley, CA  94710

                                  Wildlife Rehabilitation Center
                                         84 Grove Street
                                       Upton, MA  01568
Overall,  capturing and rehabilitating wildlife should be a planned operation to minimize  stress to the
animals.   Cleaning wildlife can be  successful74'75.  In some cases, oiled animals are more likely to
survive without cleaning.

       1.     Capture
       2.     Confinement
       3.     Transportation
       4.     Cleaning
       5.     Rehabilitation
       6.     Release
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FACTORS AFFECTING THE SEVERITY OF OIL SPILLS

The effects of an oil spill on the environment are determined by the interaction of several biological and
non-biological factors.  These factors include:

        1.     The type of oil  spilled (chemical and physical nature)
        2.     The amount and rate of oil spilled
        3.     Length of time  allowed to weather
        4.     Geographic locality
        5.     The size of the  area affected
        6.     Meteorological  and oceanographic  conditions
        7.     The season
        8.     The type of biota present in the affected area
        9.     The cleanup technique used
       10.    The physical nature of adjacent shoreline, and
       11.    The occurrence of special biological events  such as migrations, mass spawning, egg
              laying, etc. which render biota especially susceptible.

These factors vary considerably from spill to  spill and therefore the immediate and long-term effects will
vary considerably. As a result, the ecological effects following a spill may range from nil to very severe
(Ocean Affairs Board,  1974).

TYPE OF OIL SPILLED

Oils vary considerably in chemical and physical characteristics.  The most toxic components of oil are
the aromatic fractions,  most abundant in lighter  refined products.  Aromatics  are quite volatile and
readily lost  by evaporation, but they are also the  most  soluble in water and can be lethal to  some
organisms in dilute quantities.  Gasolines and naphthalenes are generally more toxic than refined oils
(No. 2 fuel oil, Bunker C), which are usually more toxic than crude oils (Southern Louisiana, Kuwait),
as shown in TABLE 1 (Anderson, et. al., 1974).

Thick weathered  oil  is much less toxic, but  causes much greater mechanical damage.  Heavy coats of
oil can incapacitate and smother intertidal animals, or cause them to be dislodged by the excess weight,
which is also fatal to them.  Studies have shown that dark soils absorb heat and can cause deaths by heat
exhaustion several months after a spill.

WEATHERING

The means  of weathering oil include evaporation, oxidation, dissolving in  water,  and biological
degradation.  From the moment oil is spilled it begins to evaporate. Most toxic  constituents are lost in
this way, an with most crude oils about 20 percent is lost in the first 24 hours by  evaporation (IMCO,
1973).  Heavy fuel oils and lubricating oils  lack significant volatile components and are not generally
subject to significant loss by evaporation (Nelson-Smith, 1970).  When the spill creates a blanket of oil,
appreciable  quantities of these components can come into contact with  marine  life  in the subtidal  zone.
The amount dissolved in water is dependent  on the status of the oil  slick and the amount of weathering.
Studies have shown that water under a thick oil spill may contain 5 - 10 ppm of oil, but as soon as the
spill breaks up the level drops to about 1 ppm or less. On the other hand, sea water under a blanket of
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benzene may have about 1500mg/L benzene in solution that is highly toxic to many marine organisms.
However, benzene evaporates rapidly and should be completely evaporated in a day or so.

Biological or  microbial  degradation results  in  the  breakdown  and  elimination of oil  from  the
environment.   More than 100  types of bacteria, yeasts and fungi have been  found which attack
hydrocarbons, breaking them down to obtain energy for their own needs. Recent research has centered
on the use of microbial seeding  to clean up oil spills, which has resulted in the  introduction of
NOSCUM.

GEOGRAPHIC LOCALITY

The locality of a spill will sometimes determine how rapidly the area recovers.  In temperate regions,
where the biota is relatively short-lived and produces many young, recruitment may occur faster than
it would occur in polar regions, where the animals are long-lived and do not reproduce as rapidly.  The
rate at which biodegradation occurs is also reduced in colder climates.

SIZE OF THE AREA AFFECTED

All conditions being equal, it is to  be expected that large spills will cause more biological damage than
small spills.  The amount of oil spilled is important, but effects are dependent upon the area covered
by the spill.  For example, a 50-barrel spill confined to a small cove covering a few  acres has more
potential to do biological damage than a 50-barrel spill or larger in the open ocean.

METEOROLOGICAL AND OCEANOGRAPHIC CONDITIONS

Existing meteorological conditions (winds, storms) and oceanographic conditions  (waves, currents) are
very important in determining the extent  of damage from a  spill.  Storm winds and waves can be
determined if they blow an open water spill onshore, but may be advantageous in the open water by
mixing  the oil into the water  and dispersing it.   The Council  on Environmental Quality in an
environmental impact study for the Outer Continental Shelf has reported that oil spills tend to break up
when wave heights reach 10 feet or higher.

SEASON

If a spill occurs at a time when newly settled young are in the area, a much higher mortality rate is
likely.  This is because the young are more  sensitive to toxic  fractions and mechanical damage than
adults.  The annual migrations of mammals and birds to and from breeding grounds often take them
through areas of potential spills.  During the winter season, colder temperatures will slow biodegradation
of the oil.

TYPES OF BIOTA

Different types of plants and animals show different levels of reaction to oil. Some types are extremely
sensitive to low levels of toxic fractions, while others appear to be unharmed by high concentrations.
Some types are more prone  to mechanical damage  than others.  Seaweeds generally  have a mucous
coating that prevents oil from adhering unless the  plant is dead  and dried.  Marsh plants, however, do
not have a protective coat and are  susceptible to oil contamination.  In order to determine which plants
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and animals in an area are most susceptible to oil, a local biologist (resource agency or academic) should
be consulted.

Oil may affect marine life both directly and indirectly.  Direct effects (suffocation, killing young, etc)
have been discussed.  Oil may be harmful indirectly through:

       1.      elimination of food sources,
       2.      reduction of resistance to other stresses (for example, exposure to oil might lower the
              temperature necessary to kill an organism),
       3.      disruption of chemical clues necessary for survival, and
       4.      disruption of the ecological balance.

CLEANUP-OPERATION

A considerable amount of damage can be done to the environment by the use of dispersants to clean oil
from intertidal structures.  From a biological point of view, it may be better for the animals and plants
to naturally rid themselves of the oil than to introduce a dispersant or mechanical cleanup.  Sometimes
bioremediation or dispersants can be better.   In the open ocean, dispersants may be used to prevent the
spilled oil from impacting the shoreline or damaging the intertidal zone.

PLANKTON

It is difficult  to detect effects of oil spills on plankton in the ocean.  Plankton samples taken during the
Torrey Canyon spill appeared  normal except for 50 to 90 percent mortality  of floating fish eggs and
larvae.  Plankton samples taken during the Santa Barbara blowout showed a normal level of plankton
for that time  of the year.  During  the Amoco Cadiz spill, zooplankton biomass was severely reduced in
some areas which resulted in a delayed spring zooplankton bloom (Samian et.al., 1979).  Contrarily,
some planktonic animals have been seen eating droplets  of crude  and Bunker C oil without harm.
Because planktonic communities are constantly being moved by currents, an area affected by an oil spill
is likely to have a normal planktonic community a few days after the spill.

PLANTS

Many seaweeds on exposed shores lose most of their blades each year to rough water conditions and
regrow new parts from their bases.  A concentrated oil spill can produce a similar effect. However,
when seaweeds are killed, seaweed eaters are usually killed too.  The algae recover more quickly and
take over a habitat.

Damage to marsh plant is most severe in the growing season when new shoots, seeds and flowers are
exposed.  Shallow-rooted plants that live only one year are more susceptible than those that live two or
more years.  Severe contamination of a marsh could permit erosion to occur if the plants are killed. The
ecology of the surrounding area could be affected by killing the more sensitive young forms.

In marshes,  root systems are  mostly underground  and usually not exposed to oiling.   However,  in
mangroves, root systems  are exposed to oiling, and oiling has shown to act severely on mangroves,
resulting in defoliation or death of the plant.
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SUMMARY

Plants and animals that inhabit the marine environment are in a state of balance under natural conditions.
The introduction of oil into the environment can and does disrupt the balance.

It is vital to protect certain areas from oil contamination.  These include water intake structures, tidal
marshes, bird feeding grounds, oyster and coral reefs, river mouths and areas of high visibility (marinas,
sea walls, beaches, etc.).

In preparing  a contingency plan it is important to remember the following points:

       1.     Plants and animals vary widely in resistance to toxic fractions  and mechanical damage
              of  oil.   Young  and eggs  are  generally more sensitive  than  adults.  Marine birds,
              especially those which spend most of their lives on water, are very  susceptible to the
              physical effects of floating oil.  Fish, plankton and mammals are probably least affected.
              Seaweeds possess a mucous coat which sheds oil. Marsh grasses lack a mucous coat and
              are greatly affected by oil.
       2.     The season in which a spill occurs  is important.   When the  temperature is low, toxic
              fractions persist  longer in the water due to reduced evaporation  rate.   Some animals
              migrate during specific seasons and may pass through potential spill areas.   If a spill
              occurs during the reproductive season, the more sensitive  young may be affected.
       3.     Oil is generally not harmful in small quantities or in open areas.  A large spill in a small,
              enclosed area is potentially more destructive biologically than a similar sized spill at sea.
              Most areas  affected by spills are well  on the way  to recovery within a year.  However,
              under unfavorable circumstances, high mortalities can result from a spill  and complete
              recovery could require several years.
       4.     The types of oil spilled will  be major factor in the amount of biological damage.
              Gasolines and naphthalenes are more toxic than refined oils which are more toxic than
              crudes.
       5.     Maintain contacts with biologists in your area.  They can be very helpful in providing
              advice on the relative ecological sensitivity of specific localities.  It  would be wise to
              include a biologist in an oil spill cleanup operation.

Oil in the environment can follow many  pathways (Appendix I). It may kill  organisms, or stimulate
other organisms.   The major problems with oil are:

       1.     Direct lethal toxicity
       2.     Sublethal disruption of physiological activities
       3.     Direct physical coating
       4.     Incorporation of oil in an organisms body
       5.     Alternation of habitat

Although preventing oil from entering an area of high wildlife value is the best way to reduce the impact
of a spill, wildlife deterrent devices  can help reduce oil induced problems,  particularly  for birds and
mammals.  Multiple techniques are suggested  for deterring wildlife.  When  wild animal rehabilitation
is considered, an organized plan for capture, cleaning and rehabilitation should be administered with
trained personnel.
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                                      APPENDIX I

                                BIOLOGICAL IMPACTS
Direct Kill     -      Coating/asphyxiation of animals and organisms
                    Direct contact poisoning

Delayed Kill   -      Lethal dose of toxic soluble portion results in death at some other location
                    Food chain interference
                    Reduced resistance to subsequent infection
                    Possible incorporation of carcinogen into the affected species and human food
                    chain

BIOLOGICAL

Salability or Population Density
                    Kill of sensitive young  of the species
                    Food chain interferences requiring migrations to less  desirable areas
                    Tainting (taste/odor) to destroy food value
                    Degradation of breeding/feeding areas

LITERATURE CITED

 1.     Hooper, C.H. (ed.), 1981. the IXTOC I Oil Spill:  The Federal Scientific Report.  United
       States Department of Commerce, NOAA, Office of Marine Pollution Assessment. 202 pp.
       Washington, DC.

 2.     Ranwell, D.S.  1968.  Extent of damage to  coastal  habitats  due to  the Torrey Canyon
       incident.  In:  The Biological Effects of Oil Pollution on Littoral Communities, J.D.  Carthy
       and D.R. Arthur (eds.).  Field Studies (supplement 2): pp  39-47.

 3.     Samain, J.R., J. Maul, J.Y. Daniel, and J. Boucher. 1979. Ecophysiological effects of oil
       spills from Amoco Cadiz on pelagic communities - preliminary results. In: Proc. 1979 Oil
       Spills Conference:  pp. 175-185.  American Petroleum Institute, Washington, DC.

 4.     Brown, R.D. (Project Manager).  1981. Health and Environmental  Effects of Oil and Gas
       Technologies:   Research  Needs, A Report to the Federal Interagency Committee  on the
       Health and Environmental Effects of Energy Technologies.  MTR-81W77:  730 pp.  The
       MITRE Corporation.
 5.
Car, R.H.  1919.  Vegetative growth in soils containing crude petroleum.  Soil Scie., 8:67-
68.
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6.     Hellebust, J.A., B.  Hanna,  R.G.  Sheath,  M.  Gergis,  and  T.C. Hutchinson.   1975.
       Experimental Crude Oil Spills on a small sub-arctic lake in the McKenzie Valley, N.W.T.:
       Effect on phytoplankton, peri-hyton and attached aquatic vegetation.  In:  Proc. Conf. on
       Prevention and Control of Oil Pollution,   pp 509-515.   American Petroleum Institute,
       Washington, DC.

7.     Baker, J.M.   1970.  The effect of oil on plants.  Environ. Pollut. 1:27-44.

8.     Rowell,  M.J. 1977.  The effect of crude oil spills on soils - A review of literature. In:  The
       reclamation of agricultural soils after oil spills. Part 1:  Research. J.A.  Toogood (ed.). pp.
       1-33.  Edmonton, Dept. Soil Sciences, Univ. Alberta.

9.     Udo, E.J. and A.A.A. Fayemi.  1975.  The effect of oil pollution of soil on germination,
       growth and nutrient uptake of corn.  J. Environ. Qual. 4:537-540.

10.     Freedman, W. and T.C. Hutchinson.  1976. Physical and biological effects of experimental
       crude oil spills on Low Arctic tundra in the vicinity of Tuktoyaktuk,  N.W.T., Canada.  Can
       J. Bot. 54:2219-2230.

11.     Kinako,  P.D.S.  1981.   Short-term effects of oil pollution on  species numbers and
       productivity  of a simple terrestrial ecosystem. Environ. Pollut.  (Series A), 26:87-91.

12.     Hutchinson,  T.C. and W. Freedman.  1975. Effects of experimental crude oil spills on taiga
       and tundra vegetation of the Canadian  Arctic.  In:  Conf. Prevention and Control of Oil
       Spills, pp. 517-525.  American Petroleum Institute, Washington, DC.

13.     Jenkins, T.F., L.A.  Johnson,  C.M. Collins,  and T.T. McFadden.  1978.  The physical,
       chemical and biological effects of crude oil spills on Black Spruce  forest, Interior Alaska.
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14.     Baker, J.M.   1971.  Seasonal effects of oil pollution on salt marsh vegetation.  Oilos 22:106-
       110.

15.     Burk, CJ. 1977. A four year analysis of vegetation following  an oil  spill in a freshwater
       marsh.  J. Appl. Ecol. 14:512-522.

16.     Frankenberger, W.T., Jr., and J.B. Johanson.  1982.  Influences of crude oil  and refined
       petroleum products on soil dehydrogenase  activity. J.  Environ.  Quality 11:602-607.

17.     Gadin,  C.  and W.J. Syratt.   1975.  Biological aspects of land rehabilitation following
       hydrocarbon contamination.  Environ. Pollut. 8:107-112.

18.     DeJong, E.   1980.  The effect of a crude oil spill on cereals.  Environ. Pollut.  (Series A),
       22:187-196.

19.     Plice, M.J.   1948.  Some effects of crude petroleum on soil fertility.  Proc. Soil Sci.  Soc.
       Amer. 13:413-416.
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20.    Miller, O.K., A.E. Linkins, and M.A. Chmielewski.   1978.  Fungal biomass responses in
       oil peturbated tundra at Barrow, Alaska.  Artie, 31(3): 394-406.

21.    Reference unavailable.

22.    Antibus, R.K. and A.E. Linkins.  1978. Ectomycorrhizal fungi of Salix Rotundifolia Trauto.
       I. Impact of surface applied Prudhoe Bay crude oil on mycorrhizol structure and composition.
       Artie, 31(3):366-380.

23.    Beamar, B.L., J. Burnside, J. Edwards, B. and W. Causey.  1976.  Nocardial infections in
       the United States, 1972-1974.  J. Infectious Diseases, 134:286-299.

24.    Qureshi, A. A.  and B.J. Dutka. 1979. Microbiological studies on the quality of urban storm
       water runoff in southern Ontario, Canada.  Water Research, 13:977-985.

25.    Duffy, J.J., E.  Peake, and M.F. Mohtadi.  1980.  Oil Spills on land and potential sources
       of groundwater pollution.  Envion. Intl., 3:107-120.

26.    Baker, J.R. 1981.  Otter Lutra lutra L. mortality and marine oil pollution. Biol. Conserv.
       20:311-321.

27.    Walton, B.T.   1980.   Influences of route  of entry of toxicity  of polycyclicaromatics
       hydrocarbons to the  cricket (Acheta Comesticus').  Bull.  Environ. Contain, and  Toxicol.
       25:289-293.

28.    Bender, M.E., E.A. Shearls, R.P. Ayers,  C.H.  Hershner, and R.J.  Huggett.   1977.
       Ecological effects of  experimental oil spills on eastern coastal plain estuary ecosystems.  In:
       Proc. 1977 Oil Spill Conference,  pp. 505-509.  American Petroleum Institute, Washington,
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29.    McCauley, R.N.  1966.  The biological effects of oil pollution in a river.  Linol. & Oceang.
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30.    Scott, B.F. and D.B.  Shindler.  1978.   Impact of crude oil on planktonic  freshwater
       ecosystems. In: Proc. Conf. on Assessment of Ecological Impacts of Oil  Spills,  pp. 713-
       723.   American Institute Biol. Sci.

31.    Hutchinson, T.C., J.A. Hellebust, D. Mackay, D. Tarn, and P. Kauss. 1979.  Relationship
       of hydrocarbon solubility to toxicity in algae and cellular membrane effects.  In: Proc. 1979
       Oil Spill Conference, pp. 541-547.  American Petroleum  Institute, Washington, DC.

32.    Lee,  R.F., B. Dorseif, F. Gonsoulin, K. Tenore, and R. Hanson.   1981.  Fate and effects
       of a heavy fuel oil spill on a Georgia Salt Marsh.  Marine Environ. Research.  5:125-143.

33.    Kauss, P.,  T.C. Hutchinson, C. Soto, J. Hellebust, and M. Griffiths. 1973.  The toxicity
       of crude oil and its components to freshwater algae.   In:  Proc.  Conference on Prevention
       and Control of Oil Spills, pp. 703-714.  American Petroleum Institute, Washington, DC.
6/92                                        49

-------
34.    Davacin, I.A., O.G. Mironov, and I.M. Tsimbal. 1975.  Influences of oil on nucleic acids
       of algae. Mar. Pollut. Bull. 6:13-14.

35.    Bott, T.L., K. Rogenmaser, and Philip Thorne.  1976.  Effects of No. 2 fuel oil, Nigerian
       crude oil and  used crank case oil on the metabolism of benthic  algal communities.  In:
       Sources, Effects and Sinks of Hydrocarbon in the Aquatic Environment,  pp.  374-393.
       American Institute of Biological Sciences.

36.    Peller, E.   1963.   Minnesotans save  oil-drenched wildfowl in operation duck rescue.
       Audubon Mag. 65(6):364-367.

37.    Bugbee, S.L.  and C.M. Walter.   1971.  The response of macroinvertebrates to gasoline
       pollution in a mountain stream.  In:  Proc. of Joint Conference of Prevention and Control
       of Oil Spills. March 13-15,1973. pp. 725-731. American Petroleum Institute, Washington,
       DC.

38.    Schultz, D. and L.B. Tebo, Jr.  1975. Boon Creek Oil Spill.  In:  Conf. on Prevention and
       Control of Oil Pollution,  pp. 583-588.  American Petroleum  Institute, Washington, DC.

39.    Oil Spill Intelligence Report. 1982.  Gasoline tank truck collision  in Maryland kills driver.
       pg. 2.  Cahners Publ. Co., Boston, MA.

40.    Oil Spill Intelligence Report.   1982. Texas pipeline leaks gasoline  and fuel oil.  pg. 1.
       Cahners Publ. Co., Boston, MA.

41.    Nelson-Smith, A. 1973. Oil Pollution and Marine Ecology.   Plenum Press, NY. 260 pp.

42.    Hyland, J.L. and E.D.  Schneider.   1976.  Petroleum hydrocarbons and their effects on
       marine  organisms;  populations and ecosystems.  In:    Sources,  Effects and Sinks of
       Hydrocarbons in the Aquatic Environment,  pp. 464-506.  American Institute of Biological
       Sciences.

43.    Rogerson, A.J. Berger, and C.M.  Gross.  1982.  Acute toxicity of ten crude oil on the
       survival of the rotifer  Asplanchna sieboldi  and the sublethal effects  on rates of prey
       consumption and renoate production. Environ. Pollut. (Series A).  29:179-187.

44.    Crider, J.Y., J. Wilhm, and H.J. Harmon.  1982. Effects of naphthalene on the hemoglobin
       concentrations and oxygen of Dapnia magma.  Bull.  Environ. Contam, and Toxicol.  28:52-
       57.

45.    Tarshis, I.B.  1981.  Uptake and depuration of petroleum hydrocarbons of crayfish.  Arch.
       Envion. Contam. Toxicol.  10:79-86.

46.    Kalas,  L.,  A.  Mucisch, and F.I. Onuska.   1980.    Bioaccumulation  of  arene  and
       orgenochlorine pollutants by Cipango-paludina chinensis (Gray, 1834, Mollusea:Gastropoda)
       from ponds in the Royal Botanical  Gardens, Hamilton,  Ontario.   In:  Hydrocarbons and
       Halogenated Hydrocarbons in the Aquatic Environment,  pp. 567-576. Plenum Press, NY.
 6/92                                       50

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47.    Hedke, S.F. and F.A. Puglisi.  1980.  Effects of waste oil on survival and reproduction of
       the American Flagfish, Jordonella floridae.  Cal. J. Fisheries and Aquatic Scis.  37:757-764.

48.    Huttla, M.L., V.M. Wasenius, H.  Reunanen  and A.U. Arstila. 1981.  Acute toxicity of
       some  chlorinated phenols, catechols, and  cresols to trout.  Bull.  Environ.  Contain,  and
       Toxicol.  26:295-298.

49.    Pickering, Q.H. and C. Henderson.  1966.  Acute toxicity of some important petrochemicals
       to fish.  J. Water Poll.  Cont. Fed. 38:1419-1429.

50.    Phillips,  G.L.,  G.W.  Holcombe, and  J.T. Fiandt.   1981.  Acute toxicity of phenol  and
       substituted phenols to the fathered minnow. Bull. Environ. Contam. and Toxicol.  26:585-
       593.

51.    Silvestro, E. and A. Desmarais.  1980. Toxicity of chemical compounds used for enhanced
       oil recovery. DOE/BC/10014-5.  National Technical Information Service, Springfield, VA.

52.    Edmisteu, G.E.  and J.A. Bantle.   1982.  Xenopus laevis larvae in 96 hour flow through
       toxicity test with naphthalene. Bull. Environ.  Contam. and Toxicol.  29:392-399.

53.    McGarth, E.A.  and  M.M. Alexander.  1979.   Observations  on  the exposure of larval
       bullfrogs to fuel oil.   Paper presented  at  Northwest Fish  and Wildlife  Conference,
       Providence, RI.  April  2-4, 1979.

54.    Rattner, B.A. 1981.  Tolerance of adult mallards to subacute ingestion of crude petroleum
       oil. Toxicology Letters 8:337-342.

55.    Fleming, W.J., L.  Sileo, and J.C.  Franson.  1982.  Toxicity of Prudhoe Bay crude oil to
       sandhill cranes.  J. Wildl. Manage., 46:474-478.

56.    Patee, O.E. and J.C. Franson.   1982.  Short-term effects  of  oil  ingestion  on American
       kestrels  (Falco sparverius).  J. Wild. Diseases, 18:235-241.

57.    Eastin, W.C. and D.J. Hoffman.  1978.  Biological effects of petroleum on aquatic birds.
       In:  Proc. Conf. Assessment of Ecological Impacts of Oil Spills,  pp. 562-582.  Amer. Instit.
       Biol. Sci.

58.    Macko,  S.A. and S.M. King. 1980.  Weathered oil:  Effects on hatchability of heron and
       gull eggs. Bull. Environ. Contam.  Toxicol. 25:316-320.

59.    Albers,  P.H. and  M.  L.  Gay.  1982.   Unweathered and weathered  aviation kerosene
       chemical characterization and effects on hatching success of duck eggs.  Bull. Environ.
       Contam.  Toxicol.  28:430-434.

60.    Cox, B.A.  1974. Responses of the marine crustaceans Mvsidopsis alngra Bowman.  Penaeus
       aztecus Ives, and Panaeus setiferus  (Linn) to petroleum hydrocarbons. Ph.D. Dissertation.
       Texas A  & M University, College Station,  TX 182 pp.
6/92                                        51

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61.    Conover, R.J.  1971. Some relations between zooplankton and Bunker C oil in Cedabucto
       Bay following the wreck of the tanker Arrow. J. Fisheries Res. Bd. Can.  28:1327-1330.

62.    Snow, N.B. and B.F. Scott.  1975. The effect and fate of crude oil spilt on two Artie lakes.
       In:   Conference on Prevention and Control of Oil Pollution,   pp.  527-534.   American
       Petroleum Institute, Washington, DC.

63.    Hobbie, I.E.  1978.  Effects of oil on a tundra pond, Final Report. 5 p. Dept. of Energy,
       Washington, DC.

64.    Hartung, R.  1967.  Energy metabolism in oil-covered ducks. J. Wildl.  Manage.  31:798-
       804.

65.    McEwan, E.H. and A.F.C. Koelink.  1973.  The heat production  of  oiled mallard and
       scaulp.  CanJ. Zool. 51:27-31.

66.    McEwan, E.H.,  N.  Aitchison, and P.E. Whitehead. 1974.  Energy metabolism of oiled
       muskrats. Can. J. Zool.  52:1057-1062.

67.    Flickering, E.L.  1981. Wildlife mortality at petroleum pits in Texas.  J. Wildl. Manage.
       45:560-564.

68.    Ward, J.G. 1977. Techniques for dispersing birds from oil spill areas. In: Proc. 1977 Oil
       Spill Response Workshop.  FWS/OBS/77-24 pp. 113-124. U.S. Fish and Wildlife Service,
       Washington, DC.

69.    Brigman, C.J.  1976.  Bioaccoustic bird scaring in Britain. In:   Proc.  IV Pan-Afr. Orn.
       Congr. pp. 383-387.

70.    Boag, D.A. and V. Lwein. 1980. Effectiveness of three waterfowl deterrents on natural and
       polluted ponds. J. Wildl. Manage.  44:145-154.

71.    Lipcius, R.N., C.A. Coyne, B.A.  Fairbanks, D.H. Hammond, P.J. Mohna, D.J. Nixon, J.J.
       Staskiewicz, and F.H. Heppner.  1980.  Avoidance responses of mallards to colored and
       black water.  J. Wildl. Manage.   44:511-518.

72.    Williams, A.S.,  S.C. Brundage,  E. Anderson,  J.M. Harris, and D.C.  Smith.   1978.  A
       manual  for  cleaning and rehabilitating oiled waterfowl.  35 pp.   American  Petroleum
       Institute, Washington, DC.

73.    Stanton,  P.B.   1972.  Operation rescue,  cleaning  and care of oiled waterfowl.  31  pp.
       American Petroleum Institute, Washington, DC.

74.    Muller, A.J. and C.H.  Mendoza.  1983. The Port Boliva, Texas oil spill -  a case history
       of oiled  bird survival.  In:  Proc.  1983 Oil Spill Conference,  pp. 521-523.   American
       Petroleum Institute, Washington,  DC.
 6/92                                        52

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75.    Schultz, D.P., W.W. Johnson, and A.B. Berkner.  1983.  A unique oiled bird rehabilitation
       operation - Myrtle Beach, SC, February 1981.  In: Proc. 1983 Oil  Spill conference,  pp.
       525-528.  American Petroleum Institute, Washington, DC.

76.    Department of the Navy.  1977.  Oil Spill Control for Inland Waters and Harbors, NAVFAC
       p. 908. Department of the Navy. Alexandria,  VA.

REFERENCES

Anderson, J.W.,  Neff, J.M., Cox, B., Tatem, H.E., and Hightower, G.M., 1974, Marine Biology.

Baker, J.M.,  1971.  Successive Spillages.  In:  The Ecological Effects of Oil Pollution on Littoral
Communities.  Ed. by E.B. Cowall.  Institute of Petroleum, London,  pp. 21-32.

Blumer, M., Sanders, H.L., Grassle, J.F.,  and Hampson, G.R.,  1971.   A small  oil  spill.
Environment  12(2):  pp. 1-12.

Braunell, R.L., Jr., and LeBoeuf, B.J., 1971. California Sea Lion Mortality:  Natural or Artifact?
In: Allan Hancock Foundation.

Biological and Oceanographical Survey of the Santa Barbara Channel Oil Spill 1969-1970. Vol.  1,
compiled by  D.  Straughan, pp.  255-276.   Allan Hancock Foundation, University of  Southern
California.

Bugbee, S.L. and Walter,  C.M., 1971. The response of macroinvertebrates to gasoline pollution
in a mountain stream. In: Proc. of Joint Conference of Prevention and Control of Oil Spills, March
13-15, 1973.  Washington, DC pp. 725-731.

Chan, G.L., 1972. A study of the effects of the San Francisco oil spill on marine life.  College  of
Marin, Kentfield, CA. pp.  78.

Chan, G.L., 1974.  The effects of the San Francisco oil  spill on marine life - Part II.  College  of
Marin, Kentfield, CA. pp 42.

Eastin, W.C., Jr.,  1979.  Methods used at Patuxent Wildlife Research Center to study the effects
of oil on birds. In Proc. of the 1979 U.S. Fish and Wildlife Service Pollution Response Workshop,
Washington, DC, pp. 60-66.

Gunkel, W. and  Gassmann, G., 1980.  Oil, oil dispersants, and related substances in the marine
environment. Helgolander Meeresumters. 33: pp. 164-181.

Hampson, G.R. and Sanders, H.L. 1969.  Local oil  spill. Oceanus  15(2): pp. 8-10.

IMCO,  1973. The environmental and financial consequences of oil pollution from ships, with
appendices 1-4. Intergovernmental Maritime Consultative Organization Programmer Analysis Unit.
Chilton, Didcat,  Berks. 493 pp.
6/92                                       53

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LeBoeuf, B., 1971.  Oil contamination and elephant seal mortality:  a "negative" finding.  In: Allan
Hancock Foundation. Biological and Oceanographical Survey of the Santa Barbara Channel Oil Spill
1969-1970. Vol. 1, compiled by D.Straughan, pp. 277-285.  Allan Hancock Foundation, University
of Souther California.

Mack, S.A.  and King, S.M., 1980. Weathered oil's effect on hatchability of heron and gull eggs.
Bull. Envion. Contam. Toxicol. 25:  pp.  316-320.

McCauley, R.N., 1966.  The biological effects of oil pollution in a river. Limnol. and Oceanog.
11: pp. 475-486.

Mitchell, C.T., Anderson, E.K., Jones, L.G. and North, W.J., 1970.  What oil does to ecology.
Journal of the Water Pollution Control Federation, 42: pp. 812-818.

Nelson-Smith, A., 1970.  The problem of oil pollution of the sea.  Advances in Marine Biology 8:
pp. 215-306.

Nelson-Smith, A., 1972.  Oil Pollution and Marine Ecology.  Elek Science,  London, 260 pp.

North, W.J., Newshul,  H. Jr., and  Condemning,  K.A.,  1965.  Successive biological changes
observed in a marine cover exposed to  a  large spillage of oil.  In:  Symposium commission
international exploration scientifique Mer Mediteranee,  Monoco,  1964.  pp.  335-354.

Ocean Affairs Board, National Academy of Sciences, 1974.  Background Papers for a Workshop on
Inputs, Fates and Effects of Petroleum in the Marine Environment.  Vol. I.  Washington, DC.  375
pp.

Ranwell, D.S., 1968. Extent of damage to coastal habitats due to the Torrey Canyon incident.  In:
The Biological Effects of Oil Pollution on Littoral Communities.  Edited by J.D. Carthy and D.R.
Arthur. Field Studies (Supplement 2): pp. 39-47.

Samain, J.F., Maul, J., Daniel, J.Y., and Boucher, J.  1979.  Ecophysiological effects of oil spills
from  Amoco Cadiz  on pelagic ommunities - preliminary results.  In:  Proceedings, 1979 Oil Spills
Conference:  pp. 175-185.  American Petroleum Inst. Washington, DC.

Straughan, D., 1971 a. Biological and Oceanographical Survey of the Santa Barbara Channel Oil
Spill,  1969-1970.  Vol.  I.  Biology and Bacteriology.   Allan Hancock Foundation,  University of
Southern California. 426 pp.

Straughan, D., 1971 b. Oil pollution and sea birds. In:  Allan Hancock Foundation.  Biological and
Oceanographical Survey of the Santa Barbara Channel Oil Spill 1969-1970.  Vol.  I, compiled by D.
Straughan, pp.  307-419.

Straughan, D., 1971 c. What has been the effect of the spill  on the ecology of  the Santa Barbara
Channel? In:  Allan Hancock Foundation.   Biological and Oceanographical Survey of the Santa
Barbara Channel Oil Spill 1969-1970. Vol. I, compiled by D. Straughan, pp.  401-419.
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Vangilder, L.D. and Peterle, T.S., 1980. Southern Louisiana Crude Oil and D.D.E. in the diet of
mallard hens:  Effects on reproduction and duckling survival.  Bull. Environm. Contom.  Toxicol.
25: pp. 23-28.
6/92     * U.S. G.P.O.:1992-341-835:60757     55

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                                 HM  181  HAZARDOUS  MATERIALS PLACARDING  CHART
 CLASS 1
 EXPLOSIVES 1 1,1 2, &1 3
 "The Division number 1 1, 1 2 or 1  3 and
 compatibility group are in black ink
 Placard any quantity of Division number 11,12
 or 1 3 material
                                       CLASS 1
EXPLOSIVES 1.4
*The compatibility group is in black ink
Placard 454 kg (1001 Ibs ) or more of 1 4
Explosives
                                                                            CLASS 1
 EXPLOSIVES 1.5
 *The compatibility group is in black ink
 Placard 454 kg (1001 (bs )  or more of 1 5
 Blasting Agents
                                                                           CLASS 1
EXPLOSIVES 1 6
'The compatibility group is in black ink
Placard 454 kg {1001 Ibs ) or more of 1 6
Explosives
                                                                                                                                                        CLASS 2
                                                                                                                 OXYGEN
                                                                                                                 Placard 454 kg (1001 ibs ) or more aggregate
                                                                                                                 gross weight of either oxygen compressed and
                                                                                                                 oxygen, refrigerated liquid  See 172 504(f)(7)
 CLASS 2
                           Division 2 1
CLASS 2
                                                                            CLASS 2
                                                                           CLASS 3
                                                                            CLASS 3
 FLAMMABLE GAS
 Placard 454 kg (1001 Ibs ) or more of flammable
 gas See DANGEROUS
NON-FLAMMABLE GAS
Placard 454 kg (1001 Ibs) or more aggregate
gross  weight of  non-flammable gas  See
DANGEROUS
                                      POISON GAS
                                      Placard any quantity of Division 2 3 material
                                      FLAMMABLE
                                      Placard 454 kg (1001 Ibs ) or more gross weight
                                      of flammable liquid  See DANGEROUS
                                      GASOLINE
                                      May be used in the place of FLAMMABLE on a
                                      placard displayed on a cargo tank or a portable tank
                                      being used to transport gasoline by highway See
                                      172542(c)
 CLASS 3
                                       CLASS 3
                                      CLASS 4
                                      CLASS 4
                                      CLASS 4
                                                                                                                                                                                  Division 4 3
 COMBUSTIBLE
 Placard a combustible liquid when transported in
 bulk  A FLAMMABLE placard may be used in
 place of a Combuslible placard on a cargo tank
       ' le tank or a compartmented tank car
        'jtams both flammable and combustible
          172504(f)(2)

 CLASS 5               Division 5 1
FUEL OIL
May be used in place of COMBUSTIBLE on a
placard displayed on a cargo tank or portable tank
being used to transport by highway fuel oil not
classed as a flammable liquid  See 172 544(c)
FLAMMABLE SOLID
Placard 454 kg (1001 Ibs) or more gross weight
of flammable solid  See DANGEROUS
SPONTANEOUSLY COMBUSTIBLE
Placard 454 kg (1001 Ibs )  or more gross
weight of spontaneously combustible material
See DANGEROUS
                                                                                                                 DANGEROUS WHEN WET MATERIAL
                                                                                                                 Placard any quantity of Division 4 3 material
CLASS 5
                                                                 Division 5 2
                                      CLASS 6
                                                                                                      Division 6 1
                                                                                              .^Packing Groups I & II
                                      CLASS 6
                                                                                                     Division 6 1
                                                                                                 Packing Group III
                                      CLASS 7
                                                   ORGANIC
                                                  PEROXIDE
                                               ;POISON;
 OXIDIZER
 Placard 454 kg (1001 Ibs ) or more gross weight
 of oxidizing material  See DANGEROUS
ORGANIC PEROXIDE
Placard 454 kg (1001 Ibs ) or more gross weight
of organic peroxide See DANGEROUS
POISON
Placard 454 kg (1001 Ibs) or more gross weight
of Packing Groups I & II See DANGEROUS
Placard any quantity of Inhalation Hazard 6 1,
PGI
KEEP AWAY FROM FOOD
Placard 454 kg (1001 Ibs ) or more gross weight
of Packing Group III  See DANGEROUS
A POISON placard may be used in place of a
KEEP AWAY FROM FOOD placard
                                                                                                                 RADIOACTIVE
                                                                                                                 Placard any quantity of packages bearing the
                                                                                                                 RADIOACTIVE YELLOW III label  Certain low
                                                                                                                 specific activity radioactive matenals in
                                                                                                                 "exclusive use" will not bear the label, but the
                                                                                                                 RADIOACTIVE placard is required
 CLASS 8
CLASS 9
 CORROSIVE
 Placard 454 kg (1001 Ibs ) or more gross weight
 of corrosive material  See DANGEROUS
MISCELLANEOUS
A Class 9 placard is not required However, you
may placard 454 kg (1001 Ibs) or more gross
weight of a material which presents a hazard
during transport, but which is not included in any
other hazard class See DANGEROUS
DANGEROUS
Placard 454 kg (1001 Ibs ) gross weight of two or
more categories oi hazardous materials listed in Table
2 A freight container, unit load device, transport
vehicle or rail car which contain non-bulk packagmgs
with two or more categories of hazardous matenals
that require different placards specified in Table 2 may
 be placarded with DANGEROUS placards instead of
 the separate placarding specified for each of the
 materials in Table 2  However, when 2,268 kg (5000
 Ibs) or more of one category of material is loaded
 therein at one loading facility, the placard specified in
 Table 2 for that category must be applied
    Division 1 4 (explosives)
    Division 1 5 (blasting agents)
    Division 1 6 (explosives)
    Division 2 1 (flammable gas)
    Division 2 2 (non-llammable gas)
    Class 3 (flammable liquid)
    Combustible liquid
    Division 4 1 (flammable solid)
    Division 4 2 (spontaneously combustible)
    Division 5 1 (oxtdizer)
    Division 5 2 (organic peroxide)
    Division 6 1,  PG IS II, other than
          PG I INHALATION HAZARD (poison)
    Division 6 1,  PG III (keep away from food)
    Class 8 (corrosive)
    Class 9 (miscellaneous)
                                                                                                                                                       SUBSIDIARY RISK
                                                                                                                                                       PLACARD
                                                                                                                                                       Class or division numbers do not appear on
                                                                                                                                                       subsidiary risk placards
            DANGER
         FUMIGATED
            TREATED
 FUMIGATED
 Placard motor vehicle, freight container or rail
 car on or near each door when fumigated with
 Division 6 1  (Poison) or Division 2 3 (Poison
 gas)
RAIL
Placard empty tank cars for residue of material
last contained
The square background is required for the following
placards when on rail cars EXPLOSIVES 1 1 or 1 2,
POISON GAS or POISON GAS-RESIDUE (Division
2 3, Hazard Zone A), POISON or POISON-RESIDUE
(Division 6 1, PGI, Hazard Zone A) The square
background is required for placards on motor
vehicles transporting highway  route controlled
quantities of radioactive materials (Class 7)
                                                                                                                  DISPLAY OF IDENTIFICATION NUMBER WHEN TRANSPORTING HAZARDOUS
                                                                                                                  MATERIALS IN PORTABLE TANKS, CARGO TANKS AND TANK CARS.
                                                                                          ORANGE PANEL
                                                                                                                                  PLACARD
S Copyright 1993 & Published by J J. KELLER & ASSOCIATES, INC., Neenah, Wl 54957-0368 • USA • (800)327-6868
                                                                                                                                    39-FBREV. 10/93

-------
                                     HM 181  HAZARDOUS MATERIALS  PLACARDING CHART

§172.502 Prohibited and permissive placarding.
 (a) Prohibited placarding Except as provided in paragraph (b) of this section, no person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car —
 (1) Any placard described in this subpart unless —
 (i)  The material being offered or transported is a hazardous material,
 (ii)  The placard represents a hazard of the hazardous material being offered or transported, and
 (in) Any placarding conforms to the requirements of this subpart
 (2) Any sign or other device that, by its color, design, shape or content, could be confused with any placard prescribed in this subpart
 (b) Exceptions  (1) The restrictions  in paragraph (a) of this section do not apply to a bulk  packaging, freight container, unit load device, transport vehicle or rail car which is placarded ir
confbrmance with the TDG Regulations the IMDG Code or the UN Recommendations.
 (2) The restrictions of paragraph (a) of this section do not apply to the display of  an identification number on a white square-on-point configuration in accordance with § 172.336(b) of this part
 (c) Permissive placarding Placards may be displayed for a hazardous material, even when not required, if the placarding otherwise conforms to the requirements of this subpart.
§ 172.504 General placarding requirements.
 (a) General Except as otherwise provided in this subchapter, each bulk packaging, freight container, unit load device, transport vehicle or rail car containing any quantity of a hazardous matenc
must be placarded on each side and each end with the type of placards specified in Tables 1  and 2 of this section and in accordance with other placarding requirements of this subpart, includin
the specifications for the placards named in the tables and described in detail in §§ 172 519 through 172.558
 (b) DANGEROUS placard A freight container, unit load device, transport vehicle or rail car which contains non-bulk packagings with two or more categories of hazardous materials that requir
different placards specified in Table 2 may be placarded with DANGEROUS placards instead of the separate placarding specified for each of the materials in Table 2. However, when 2,268 kg (5,00
pounds) or more of one category of material is loaded therein at one loading facility, the placard specified in Table 2 of paragraph (e) of this section for that category must be applied.
 (c) Exception for less than 454 kg  (1,001  pounds)  Except for bulk packagings  and hazardous materials subject to  §172505, when hazardous materials covered by Table 2 of this section ar
transported by highway or rail, placards are not required on—
 (1) A transport vehicle or freight container which contains less than 454 kg (1001  pounds) aggregate gross weight of hazardous materials covered by Table 2 of paragraph (e) of this section, or
 (2) A rail car loaded with transport vehicles or freight containers, none of which is required to be placarded
  The exceptions provided in paragraph (c) of this section do not prohibit the display of placards in the manner prescribed in this subpart if not otherwise prohibited (see § 172.502) on transport
vehicles or freight containers which are not required to be placarded.
 (d) Exception for empty non-bulk packages A non-bulk packaging that contains only the residue of a hazardous material covered by Table 2 of paragraph (e) of this section need not be
included in determining placarding requirements.
 (e) Placarding tables. Placards are specified for hazardous materials in accordance with the following tables.
                                                                                            Table 1
Category of material (Hazard class or division number and
additional description as appropriate)
1.1 	
1 2
1.3 	
23 ....
4.3 	
6 1 (PG 1 Inhalation hazard only)
7 (Radioactive Yellow III label only) 	
Placard name
EXPLOSIVES 1 . 1 	
EXPLOSIVES 1 2
EXPLOSIVES 1.3 	
POISON GAS
DANGEROUS WHEN WET 	
POISON
RADIOACTIVE' 	
Placard design section
reference (§)
1 72 552
172522
172522
1 72 540
172548
1 72 554
172.556
           ' RADIOACTIVE placard also required for exclusive use shipments of low specific activity material in accordance with § 173 425(b) or (c) of this subchapter
                                                                                            Table 2
Category of material (Hazard class or division number and
additional description, as appropriate)
1 4
1 5 	
1 6
2,1 	
22 	
3
Combustible liquid 	
4 i
42 	
5.1 	
52
6.1(PGIorll other than PG 1 inhalation hazard) 	
6 1 (PG III) 	
62
8 	
9
ORM-D 	
Placard name
EXPLOSIVES 1 4
EXPLOSIVES 1.5 	
EXPLOSIVES 1 6
FLAMMABLE GAS 	
NON-FLAMMABLE GAS 	
FLAMMABLE
COMBUSTIBLE 	
FLAMMABLE SOLID
SPONTANEOUSLY COMBUSTIBLE 	
OXIDIZER 	
ORGANIC PEROXIDE
POISON 	
KEEP AWAY FROM FOOD 	
(None)
CORROSIVE . 	
CLASS 9
(None) 	
Placard design section
reference (§)
1 72 523
1 72 524
1 72 525
1 72.532
1 72 528
172542
172544
172546
1 72 547
1 72 550
1 72 552
172554
1 72 553

1 72 558
172 560

  (f)   Additional placarding exceptions. (1) When more than one division placard is required for Class 1 materials on a transport vehicle, rail car, freight container or unit load device, only
placard representing the lowest division number must be displayed
  (2)  A FLAMMABLE placard may be used in place of a COMBUSTIBLE placard on —
  (0   A cargo tank or portable tank.
  (ii)   A compartmenred tank car which contains both flammable and combustible liquids,
  (3)  A NON-FLAMMABLE GAS placard is not required on a transport vehicle which contains non-flammable gas if the transport vehicle also contains flammable gas or oxygen and it is placarc
with FLAMMABLE GAS or OXYGEN placards, as required
  (4)  OXIDIZER placards are not required for Division 5.1 materials on freight containers, unit load devices, transport vehicles or rail cars which also contain Division 1.1 or 1.2 materials and which
placarded with EXPLOSIVES 1.1 or 1.2 placards, as required.
  (5)  For transportation by transport vehicle or rail car only, an OXIDIZER placard is not required for Division 5.1 materials on a transport vehicle, rail car or freight container which also contains Divi:
1.5 explosives and is placarded with EXPLOSIVES 1 5 placards, as required
  (6)  The EXPLOSIVE 1 4 placard is not required for those Division 1.4 Compatibility Group S (1.45) materials that are not required to be labeled 1.45.
  (7)  For domestic transportation of oxygen, compressed or oxygen, refrigerated liquid, the OXYGEN placard in §172.530 of this subpart may be used in place of a NON-FLAMMABLE GAS placard
  (8)  Except for a material classed as a combustible liquid that also meets the definition of a Class 9 material, a COMBUSTIBLE placard is not required for a material classed as a combustible lie
when transported in a non-bulk packaging  For a material in a non-bulk packaging classed as a combustible liquid that also meets the definition of a Class 9 material, the CLASS 9 placard may
substituted for the COMBUSTIBLE placard
  (9)  For domestic transportation,  a Class 9 placard is not required A bulk packaging containing a Class 9 material must be marked on each side and  each end with the appropriate identifica
number displayed on an orange panel or a white-square-on-point display configuration are required by subpart D of this part.
  (10) For domestic transportation of Division 6 1, PG III materials, a POISON placard may be used in place of a KEEP AWAY FROM FOOD placard
  (g)  For shipments of Class 1 (explosive) materials by aircraft or vessel, the applicable compatibility group letter must be displayed on the placards required by this section
§ 172.505 Placarding for subsidiary hazards.
  (a)  Each transport vehicle, freight container, portable tank and unit load device that contains a poisonous material subject to the "Poison-Inhalation Hazard" shipping description of §1721
must be placarded with a POISON or POISON GAS placard, as appropriate, on each side and each end, in addition to any other placard required for that material in §172 504. Duplicatiq
POISON or POISON GAS placard is not required                                                                                                                            	
  (b)  In addition to the RADIOACTIVE placard which may be required by §172504(e) of this subpart each transport vehicle, portable tank or freight container that contains 454 kg (1001 pound
more gross weight of fissile or low specific activity uranium hexafluoride shall be placarded with a CORROSIVE placard on each side and each end
  (c)  Each transport vehicle, portable tank, freight container or unit load  device that contains a material which as a subsidiary hazard of being dangerous when wet, as defined in  §173.124 01
subchapter, shall be placarded with DANGEROUS WHEN WET placards, on each side and each end, in addition to the placards required by §172.504
  (d)  Hazardous materials that possess secondary hazards may exhibit subsidiary placards that correspond to the placards described in this part, even when not required by this part (see
§ 172 519(b)(4) of this subpart).

                                                                                                                                                        39-FB (REV. 10
                                                                                                                                                                   Bai
                                                                                                                                                                22Qjte

                                                                                                                                                                '1
© Copyright 1993 & Published by J J. KELLER & ASSOCIATES, INC., Neenah, Wl 54957-0368 • USA • (800)327-6868

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                         HM 181  HAZARDOUS MATERIALS  LABELING  CHART
'Include appropriate division number
and compatibility group
                   CLASS 1
                               Explosive
               'Include appropriate compatibility
               group
                                  CLASS 1
'Include appropriate compatibility
group
                                                        CLASS 1
                                                                    Explosive
                                                        "Include appropriate compatibility
                                     CLASS 2
                                                                           Flammable gas
                                                                                             Non-flammable gas
                                                                                                            CLASS 2
                                                                                                                Oxygen
CLASS 2
               CLASS 3
CLASS 4
                                                        CLASS 4
                                                                       CLASS 4
CLASS 5
CLASS 5      Division
                52
Poison gas
                   Flammable liquid
                                                        Spontaneously combustible
                                                                           Dangerous when wet
CLASS 6
              Division
                61
               CLASS 6
CLASS 6
                                                                           CLASS 7
                                                                                          CLASS 7
                                                                           CLASS 7
Poison-Packing Groups I and II
                   Poison - Packing Group III
                                     Infectious substance
                                                        The Etiologic Agent label may be
                                                        required (42 CFR 72 3)
                   CLASS 9
                                        SUBSIDIARY RISK LABELS
                                                                                                         FOR AIRCRAFT
                                                        Explosives
                                                        Flammable Gas
                                                        Flammable Liquid
                                                        Flammable Solid

                                                        Corrosive
                                                        Oxidizer

                                                        Poison
                                                        Spontaneously Combustible
                                                        Dangerous When Wet
                                     The hazard class or division number may not be displayed on
                                      iubsidiary label
                                                                          EMPTY
                                                                           Empty
                         D.O.T. GENERAL GUIDELINES ON USE OF WARNING LABELS
         1.   Shipper must furnish and attach appropriate label(s) to each package of hazardous material offered for shipment unless exempted from
             labeling requirements.
         2.   If the material in a package has more than one hazard classification, the package must be labeled for each hazard. (Ref. Title 49, CFR,
             Sec. 172.402).
         3.   When two or more hazardous materials of different classes are packed within the same packaging or outer enclosure, the outside of the
             package must be labeled for each material involved. (Ref. Title 49, CFR, Sec. 172.404)
         4    Radioactive materials requiring labeling, must be labeled on two opposite sides of the package. (Ref. Title 49, CFR, Sec. 172.403(f)).
         5.   Labels must not be applied to a package containing only material which is not subject to Parts 170 - 189 of this subchapter or which is
             exempted therefrom. This does not prohibit the use  of labels in conformance  with U N. recommendations ("Transport of Dangerous
             Goods"), or with the IMO requirements ("International  Maritime Dangerous Goods Code"), ICAO Technical Instructions, or TDG
             Regulations (Ref. Title 49, CFR, Sec. 172.401).
                                 HAZARDOUS MATERIALS PACKAGE  MARKINGS
    SAMPLE PACKAGING MARKING

 Proper Shipping Name               ACETONE

 UN 1 D Number                    UN 1090
ARD WARNING LABEL
                                                                                                INHALATION
                                                                                                  HAZARD
© Copyright 1993 & Published by J J KELLER & ASSOCIATES, INC , Neenah, Wl 54957-0368 • USA • (800)327-6868
                                                                                                                     38-FBREV 12/93

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                            HM 181  HAZARDOUS MATERIALS LABELING CHART
§172.400 General labeling requirements.

(a)  Except as specified in §172.400a, each person
who offers for transportation or transports a haz-
ardous material in any of the following packages or
containment  devices, shall label the package or con-
tainment device with labels specified for the material
in the 172.101 Table and in this subpart:
(1) A non-bulk package;
(2)  A bulk packaging, other than a cargo tank,
portable tank, or tank car, with a volumetric capacity
of less than 18 m3 (640 cubic feet), unless placarded
in accordance with subpart F of this part;
(3) A portable tank of less than 3785 L (1000 gallons)
capacity, unless placarded in accordance with sub-
part F of this part;
(4)  A DOT Specification 106 or 110 multi-unit tank
car  tank, unless placarded in accordance with sub-
part F of this part; and
(5)  An overpack, freight container or unit load
device, of less than 18 m3 (640 cubic feet), which
contains a package  for which labels are required,
unless placarded or marked in accordance with
§172.512 of this part.
(b)  Labeling is required for a hazardous material
which meets one or more hazard class definitions, in
accordance with Column 6 of the §172.101 Table and
the following table:
Hazard class or
division
1.1 	
12 	
1.3 	
1 4 	
1.5 	
1.6 	
2.1 	
2.2 	
23 	 	
3 (flammable liquid)
Combustible liquid
41 	 	
4.2.

43 	
5.1 	 	
5.2 	
6.1 (Packing Groups
1 and II)
6. 1 (Packing Group
llh
IHJ
6.2.
7 (see §172 .403) 	
7 	
7 	 	
7 (empty packages.
see §173 427)
8
9 	
Label name
EXPLOSIVE 1 1 	
EXPLOSIVE 1.2 	
EXPLOSIVE 1 3 	
EXPLOSIVE 1 4 	
EXPLOSIVE 1.5 	
EXPLOSIVE 16 	
FLAMMABLE GAS ...
NON-FLAMMABLE GAS
POISON GAS 	
FLAMMABLE LIQUID 	
(none) 	
FLAMMABLE SOLID 	
SPONTANEOUSLY.. .
COMBUSTIBLE
DANGEROUS WHEN WET
OXIDIZER 	
ORGANIC PEROXIDE 	
POISON 	

KEEP AWAY FROM FOOD .
INFECTIOUS SUBSTANCE 1..
RADIOACTIVE WHITE-I ....
RADIOACTIVE YELLOW-II....
RADIOACTIVE YELLOW-HI . . .
EMPTY

CORROSIVE 	
CLASS9 	
Label design
or section
reference (§)
172411
172411
172.411
172.411
172411
172411
172417
172415
172416
172.419

172420
172422

172423
172426
172427
1 72.430

172.431
1 72.432
172.436
172.438
172.440
172.450

172442
172446
 'The ETIOLOGIC AGENT label specified in regulations of the
Department of Health qnd Human Services at 42 CFR 72.3 may
apply to packages of Infectious substances
§172.400a Exceptions from labeling.

(a) Notwithstanding the provisions of §172.400, a
label is not required on -
(1) A cylinder containing a Division 2.1 or Division
2.2 gas that is
(i) Not poisonous;
(ii) Carried by a private or contract motor carrier;
(iii) Not overpacked; and
(iv) Durably and legibly marked in accordance with
CGA Pamphlet C-7, appendix A.
(2) A package or unit of military explosives (includ-
ing ammunition) shipped by or on behalf of the DOD
when in —
(i) Freight containerload, carload or truckload ship-
ments, if loaded and unloaded by the shipper or
DOD; or
(ii) Unitized or palletized break-bulk shipments by
cargo vessel under charter to DOD if at least one
required label is displayed on each unitized or pal-
letized load.
(3) A package containing a hazardous material other
than ammunition that is —
(i) Loaded and unloaded under the supervision of
DOD personnel, and
(ii) Escorted by DOD personnel in a separate vehi-
cle.
(4) A compressed gas cylinder permanently mounted
in or on a transport vehicle.
(5) A freight container, aircraft unit load device or
portable tank, which —
(i) Is placarded in accordance with Subpart F of this
part, or
(ii) Conforms to paragraph (a) (3)  or  (b) (3) of
§172.512.
(6) An overpack or unit load device in or on which
labels representative of each hazardous material in
the overpack or unit load device are visible.
(7) A package of low specific activity radioactive
material, when transported under §173.425(b) of this
subchapter.
(b) Certain exceptions to labeling requirements are
provided for small quantities and limited quantities in
applicable sections in part 173 of this subchapter.

§172.401 Prohibited labeling.

(a) Except as provided in paragraph (c) of this sec-
tion, no person may offer for transportation or no car-
rier may transport any package bearing a label speci-
fied in this subpart unless —
(1) The package contains a material that is a haz-
ardous material, and
(2) The label represents a hazard of the hazardous
material in the package.
(b) No person may offer for transportation and no
carrier may transport a package bearing any marking
or label which by its color, design, or shape could be
confused with or conflict with  a label prescribed by
this part.
(c) The restrictions in paragraphs  (a) and  (b) of this
section, do  not apply to packages labeled in confor-
mance with —
(1) Any United Nations recommendation, including
the class number (see §172.407), in the document
entitled "Transport of Dangerous Goods. "\
(2) The International Maritime Organization (IMO)
requirements, including the class number (see
§172.407), in the document entitled "International
Maritime Dangerous Goods Code";
(3) The ICAO Technical Instructions, or
(4) The TDG Regulations.

§172.402 Additional Labeling requirements.

(a) Subsidiary hazard labels. Each package contain-
ing a hazardous material —
(1) Shall be labeled with primary and subsidiary haz-
ard labels as specified in Column 6 of the §172.101
Table; and
(2) For other than Class 2 or Class 1 materials (for
subsidiary labeling requirements for Class 1 materi-
als see paragraph (e) of this section), if not already
labeled under paragraph (a) (1) of this section, shall
be labeled  with subsidiary hazard  labels in accor-
dance with the following table:
                                                                                                            SUBSIDIARY HAZARD LABELS
Subsidiary
hazard level
(packing
group)
1
II
III
Subsidiary Hazard (Class or Division)
3
X
X
•
4.1

X
N
4.2

X
X
4.3
X
X
X
5.1
X
X
N
6,1
	 1
X
X
N
*
X
• •
X — Required for all modes.
•— Required for transport by vessel only.
• •— Required for transport by aircraft and vessel only.
...— Impossible as subsidiary hazard.
N — None required.

(b) Display of hazard class on labels. The appropriate
hazard class or, for Division 5.1 or 5.2 the division
number, shall be displayed in the  lower corner of a
primary hazard label and may not  be displayed on a
subsidiary label.
(c) Cargo Aircraft Only label. Each person who
offers for transportation or transports by aircraft a
package containing a hazardous material which is
authorized on cargo aircraft only shall label the pack-
age with a CARGO AIRCRAFT ONLY label specified
in  §172.448 of this subpart.
(d) Radioactive Materials. Each package containing a
radioactive material that also meets the definition of
one or more additional hazards, except Class 9, shall
be labeled as a  radioactive material as required by
§172.403 of this  subpart and for each additional haz-
ard.
(e) Class 1 (explosive) Materials.  In addition
label specified in Column 6 of the §172.101 TaBle,
each package of Class 1 material that also meets the
definition for:
(1) Division 6.1, Packing Groups I or II,  shall be
labeled POISON; or
(2) Class 7, shall be labeled in  accordance with
§172.403 of this subpart.

§172.403 Contains special requirements for
RADIOACTIVE materials. See regulations.

§172.405 Authorized label modifications.

(a) For Classes 1, 2, 3, 4, 5, 6, and 8, text indicating a
hazard (for example FLAMMABLE LIQUID) is not
required on a primary or subsidiary label when —
(1) The label otherwise conforms to the provisions of
this subpart, and
(2) The hazard  class or, for Division 5.1 or 5.2 the
division number, is displayed in the lower corner oi
the label, if the label corresponds to the primary haz-
ard class of the hazardous material.
(b) For a package containing Oxygen, compressed.
or Oxygen, refrigerated liquid, the OXIDIZER label
specified  in §172.426 of this subpart, modified to dis
play the word "OXYGEN"  instead of "OXIDIZER"
and the class number "2" instead of "5.1",
used in place of the NON-FLAMMABLE GA:
OXIDIZER labels. Notwithstanding the provisions1!)
paragraph (a) of this section, the word "OXYGEN'
must appear on the label.
© Copyright 1993 & Published by J. J. KELLER & ASSOCIATES, INC., Neenah, Wl 54957-0368 • USA • (800)327-6868
                                                                                                                                 38-FBREV 12/9S

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 EPAX 9205-0091




 Inland oil spills





EPAX 9205-0091




Inland  oil  spills
 -..T6 DOE
                        . _ i-
                             DEMCO

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