United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9200.5-1151
EPA 540/F-94/036
PB 94-963252
July 1994
v>EPA OPA Update
Implementation of the Oil Pollution Act of 1990
Office of Emergency and Remedial Response
Emergency Response Division 5202 G
Intermittent Bulletin
Volume 3 Number 1
Proposed Revisions to the NCP
On October 22, 1993, EPA proposed revisions to the National
Oil and Hazardous Substances Pollution Contingency Plan
(NCP), which serves as the blueprint to guide oil spill
response and hazardous substance cleanups. The proposed revisions
implement important, response-related OPA amendments to section
311 of the Clean Water Act (CWA) EPA plans to finalize the
regulation in August of 1994.
EPA and the Coast Guard formed an NCP workgroup to revise the
NCP to reflect the new entities and authorities mandated by the OPA
and to make other improvements to the national response system.
This article discusses these proposed revisions to the NCP.
New Entities
The proposed revisions to the NCP would expand the national
response system. Some of the new entities proposed to be added to
the system include Coast Guard District Response Groups, which
will coordinate spill removal equipment and personnel and give
technical assistance to On-Scene Coordinators (OSCs); the National
(Continued on page 2)
EPA Assumes New Regulatory
Responsibilities
On February 3, 1994, EPA, the Department of Transportation
(DOT), and the Department of the Interior (DOI) signed a
Memorandum of Understanding (MOU) that redefines the
jurisdictional responsibility of regulating certain offshore facilities
under the CWA. (See full text of the MOU on page 5.) Executive
Order 12777 expanded the traditional DOI role of regulating facilities
located on the Outer Continental Shelf to all offshore facilities, which
by definition includes facilities located on inland lakes, rivers,
streams, and other inland waters.
(Continued on page 4)
Contents...
1 Proposed Revisions to the
NCP
1 EPA Assumes New
Regulatory Responsibilities
3 A Brief History of the NCP
4 Publications Update
5 MOV for Offshore Facilities
(full text)
6 Nation al Preparedn ess for
Response Exercise Program
Workshops
6 Regulatory Update
7 EPA to Co-Sponsor 1995
International Oil Spill
Conference
7 1993 ERNS Data: Releases
of Oil by Material Type and
by Mode
8 Did You Know...
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NCP Revisions
(continued from page 1)
Strike Force Coordination Center
(NSFCC), located in Elizabeth
City, North Carolina, and
administered by the Coast Guard;
and a new Atlantic Strike Team to
supplement the two existing strike
teams, which provided trained
personnel and specialized
equipment to assist the OSC in
training for spill response,
stabilizing and containing the spill,
and monitoring or directing the
response actions of the responsible
parties and/or contractors.
Area Committees and Area
Contingency Plans
The proposed revisions would also
expand local spill response
planning by creating Area
Committees. Area Committees are
planning bodies, under the
direction of an OSC, responsible
for preparing Area Contingency
Plans (ACPs) and working with
state and local officials to enhance
contingency planning. The ACPs
complement existing NCP-required
planning activities by providing a
level of localized, site-specific
detail not found in other plans.
When implemented in conjunction
with the NCP, the ACP must be
adequate to address the removal of
a worst-case discharge from a
vessel or facility operating in or
near the area covered by the plan.
The ACP must include
descriptions of the areas it covers,
how the ACP is integrated into
other contingency planning
activities, the procedures to be
followed for obtaining an
expedited decision regarding the
use of dispersants, and lists of
equipment, dispersants, and
personnel available to ensure
removal of a discharge.
New Spill Classifications
Another important provision of the
proposed NCP is the creation of
three new classifications for spills:
substantial threats to the public
health or welfare; worst-case
discharges; and spills of national
significance (SONS).
Although the NCP provides the
OSC with a reliable framework to
determine whether spills may
present a "substantial threat," the
OSC also has the discretion to
decide, on a case-by-case basis,
whether a specific discharge or a
threat of discharge poses a
substantial threat to the public
health or welfare. If a discharge is
identified as a substantial threat,
the OSC is required under the OPA
to direct the response and, under
the proposed revisions, to assess
opportunities for the use of various
special teams and other assistance,
and to request that the appropriate
Regional Response Team be
activated immediately. This new
provision also authorizes OSCs to
take whatever additional response
actions are deemed appropriate.
A worst-case discharge at a facility
is the largest foreseeable discharge
in adverse weather conditions. In
the event of a worst-case
discharge, the OSC must notify the
NSFCC, require implementation of
the tank vessel and facility
response plans, and take whatever
additional actions are necessary to
respond to the situation.
SONS are discharges defined as
posing substantial threats to public
health or welfare, and will only
include those spills where the
potential impacts are extremely
severe. The key difference that
would set SONS apart from other
spills posing substantial threats is
the need for extensive coordination
and communication in order to
respond adequately and in a timely
manner. The NCP provision
regarding responses to SONS
includes a framework to assist the
OSC in addressing resource
administration, government and
public relations, and
communications.
Other Revisions
The proposed revisions provide
information on the availability of
the new Oil Spill Liability Trust
Fund (OSLTF), which reimburses
costs related to oil spill response
and cleanup. The OSLTF is
administered by the Coast Guard's
National Pollution Funds Center.
Also included in the revised NCP
is a new oil spill response
appendix, consolidating the NCP's
oil spill response requirements.
This appendix is intended to serve
as a single source of direction and
guidance to OSCs, as well as a
consolidated source of information
for other interested parties,
regarding the requirements and
procedures applicable to an oil
spill response. •
Coming Up...
• A detailed look at the
changes to the NCP from
the proposed rulemaking to
the final regulation.
• A detailed look at the final
Facility Response Plan
regulations published on
July 1, 1994.
• An update on PREP
including recent workshops
and the exercise scheduling
process.
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A Brief History of the NCR
The first NCP is published in response to the Torrey Canyon tanker spill and
establishes a basic framework for responding to oil spills, including on scene
commanders (precursor to OSCs), national and regional contingency plans, and
reaction teams.
The NCP is revised to reflect the Water Quality Improvement Act of 1970 by
adding the Coast Guard's National Strike Force and requiring that regional
contingency plans designate local strike force teams.
The NCP is revised by designating the newly-formed EPA as a co-chair of the
National and Regional Response Teams and requiring that EPA be notified of releases.
Procedures for reimbursing states for removing discharges and guidelines for
private-party removals are added to the NCP.
Provisions requiring EPA approval for using chemicals to respond to a discharge are
added to the NCP.
The scope of the NCP is expanded to cover potential discharges. States are
represented on the Regional Response Teams, and local response plans are placed
under the direction of OSCs.
Major provisions are added to the NCP for hazardous substance responses to
reflect tne passage of CERCLA in 1980. In addition, OSCs are given authority to
use dispersants on oil releases.
The NCP is revised to ensure that responses to hazardous substances are consistent
with applicable or relevant and appropriate requirements, and address community
participation. In addition, natural resource trustees are designated.
The NCP is revised to reflect the 1986 SARA amendments to CERCLA that
address responses to releases of hazardous substances, pollutants, or contaminants.
Major oil-related provisions are proposed in response to the 1990 OPA amendments
to the CWA. These include new response organizations, the Oil Spill Liability Trust
Fund, creation of Area Committees and ACPs, and designation of new spill
classifications that trigger different response requirements (see related article page ]}.
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EPA's New Regulator/
Responsibilities
(continued from page 1)
Under the newly-signed MOU,
EPA assumes responsibility for
non-transportation-related offshore
facilities located landward of the
coast line, and DOT assumes
responsibility for transportation-
related facilities in the same area.
The term "coast line" is defined in
the MOU as the line of ordinary
low water along that portion of the
coast that is in direct contact with
the open sea and the line marking
the seaward limit of inland waters.
Therefore, EPA is now responsible
for spill prevention and control,
response planning, and equipment
activities for non-transportation-
related facilities in and along the
Great Lakes, rivers, coastal
wetlands, and the Gulf Coast
barrier islands. EPA, DOT, and
DOI agreed on the new
jurisdictional relationship because
EPA has the expertise for, and can
bring continuity to, the oversight of
offshore facilities located on inland
waters. MMS has prepared
detailed charts that reflect the
position of the coast line. (For
more information, please contact
Sharon Buffington of MMS at
(703) 787-1600.)
In response to this MOU, EPA is
developing necessary rules to
regulate offshore facilities that now
fall under EPA's jurisdiction and
regulations for preparing and
submitting OPA facility response
plans. As part of the rulemaking
effort, EPA is conducting an
economic analysis to determine the
costs and benefits associated with
regulating such facilities. Further
details will be provided in future
issues of the OPA Update .•
Publications Update
Understanding Oil Spills and Oil Spill Response was published by EPA's Emergency Response Division
and provides a basic overview of the issues and activities surrounding an oil spill, including preparedness,
response, and cleanup. Publication number PB93-963409. To order, contact NTIS at (703)487-4650.
Oil Pollution Research and Technology Plan details the findings of the Federal Interagency Coordinating
Committee on Oil Pollution Research, which is developing the Regional Research (Grant) Program
mandated by Title VII of the OPA. Publication number PB92 193283-AS. To order, contact NTIS at
(703) 487-4650.
Preparation and Response for Oil Spills in Philadelphia and New York is a 22-page document,
prepared by the U.S. General Accounting Office (GAO) that details preparation and response issues for oil
spills in the Philadelphia and New York areas. Document number RCED 90-83. To order, contact the
GAO Document Service at (202) 275-6241.
U.S. EPA Highlights on Forums on Aboveground Oil Storage Facilities, report on series of workshops
held by EPA's internal aboveground tank workgroup. To order, contact ERD's SPCC/OPA Information
Line at (202) 260-2342.
U.S. Rep. James Moran (D-VA) Aboveground Storage Tank Bill, H.R. 1360 (1993), with significant
changes from Sen. Thomas Daschle's 1993 AST bill submission. For a copy, contact Kristin King, 430
Cannon, House Office Building, Washington, DC 20515; tel: (202) 225-4376.
Administrative and Technical Reference Manual for Installers and Inspectors of Aboveground
Storage Tanks and Administrative and Technical Reference Manual for Installers and Inspectors of
Underground Storage Tanks. For information, contact Kay Hawk, Pennsylvania Department of
Environmental Resources, Division of Storage Tanks, P.O. Box 8762, Harrisburg, PA 17105-8762; tel:
(800) 42-TANKS (within PA) or (717) 772-5556.
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MEMORANDUM OF UNDERSTANDING AMONG THE SECRETARY OF THE
INTERIOR, SECRETARY OF TRANSPORTATION, AND
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
Purpose
This Memorandum of Understanding (MOU) establishes the jurisdictional responsibilities for offshore facilities,
including pipelines, pursuant to section 311 (j)(l)(C), (j)(5), and (j)(6)(A) of the Clean Water Act (CWA), as
amended by the Oil Pollution Act of 1990 (Public Law 101-380). The Secretary of the Department of the
Interior (DOI), Secretary of Department of Transportation (DOT), and the Administrator of the Environmental
Protection Agency (EPA) agree to the division of responsibilities set forth below for spill prevention and control,
response planning, and equipment inspection activities pursuant to those provisions.
Background
Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI, DOT, and EPA various responsibilities
identified in section 3 ll(j) of the CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 assigned to DOI
spill prevention and control, contingency planning, and equipment inspection activities associated with offshore
facilities. Section 311(a)(ll) defines the term "offshore facility" to include facilities of any kind located in, on,
or under navigable waters of the United States. By using this definition, the traditional DOI role of regulating
facilities on the Outer Continental Shelf is expanded by E.O. 12777 to include inland lakes, rivers, streams, and
any other inland waters.
Responsibilities
Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA and DOT agree to assume, the functions
vested in DOI by sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below.
For purposes of this MOU, the term '"coast line" shall be defined as in the Submerged Lands Act (43 U.S.C.
1301(c)) to mean "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."
1. To EPA, DOI redelegates responsibility for non-transportation-related offshore facilities located landward of
the coast line.
2. To DOT, DOI redelegates responsibility for transportation-related facilities, including pipelines, located
landward of the coast line. The DOT retains jurisdiction for deepwater ports and their associated seaward
pipelines, as delegated by E.O. 12777.
3. The DOI retains jurisdiction over facilities, including pipelines, located seaward of the coast line, except for
deepwater ports and associated seaward pipelines delegated by E.O. 12777 to DOT.
Effective Date
This MOU is effective on the date of final execution by the indicated signatories.
Limitations
1. The DOI, DOT, and EPA may agree in writing to exceptions to this MOU on a facility-specific basis.
Affected parties will receive notification of the exceptions.
2. Nothing in this MOU is intended to replace, supersede, or modify any existing agreements between or
among DOI, DOT, or EPA.
Modification and Termination
Any party to this agreement may propose modifications by submitting them in writing to the heads of the other
agency/department. No modification may be adopted except with the consent of all parties. All parties shall
indicate their consent to or disagreement with any proposed modification within 60 days of receipt. Upon the
request of any party, representatives of all parties shall meet for the purpose of considering exceptions or
modifications to this agreement. This MOU may be terminated only with the mutual consent of all parties.
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National Preparedness for Response
Exercise Program Workshops:
Government and Industry Working Together
The OPA requires the
development of facility and
vessel response plans and
Area Contingency Plans to ensure
that industry and government can
adequately respond to a worst-case
discharge of oil. In order to ensure
that the plans meet their intended
goals, the OPA requires that
exercises be performed to test the
response plans. As a result, EPA,
the Coast Guard, DOT's Research
and Special Programs
Administration, the MMS, and a
number of states with OPA
response plan regulations have
coordinated the development of the
National Preparedness for
Response Exercise Program
(PREP). A series of four
workshops involving government
and industry were held in April,
May, July, and August of 1993, to
establish an exercise program that
meets the intent of the OPA and
that is economically feasible for all
participants to sustain. The
workshops resulted in a series of
guidelines that detail acceptable
procedures to meet OPA drill
requirements.
The PREP guidelines outline the
applicability, type, frequency, and
objectives of response exercises.
The exercises are divided into two
orientations — internal and
external. Internal exercises test the
following: notification,
mobilization, and deployment
procedures, as well as the ability
of the spill management team to
function as an effective unit.
These internal exercises may be
announced or unannounced, and
may or may not involve the active
deployment of equipment. Internal
exercises are evaluated by the
facility itself. Although all
components of the plan should be
exercised every three years, the
plan may be exercised in segments
over this period. External or area
exercises focus on the integration
of the entire response community
(Federal, State, and local
governments and industry) within a
particular response area.
According to the PREP guidelines,
the goal is to conduct 20 area
exercises nationwide each year.
Six of the 20 annual exercises will
be led by the government and 14
will be led by industry. A draft
schedule of area exercises for
1995, 1996, and 1997 was
developed at a PREP meeting and
a notice was published in the
Federal Register (see 59 FR
14254, March 25, 1994).
PREP is a landmark effort by the
Federal and State governments and
the regulated community to
develop a creative solution to
response exercises and
preparedness in lieu of government
regulations. It is an example of
how industry and government can
work together to produce a
flexible, cost effective approach
that is acceptable to all
participants.
For more information on PREP,
including copies of the PREP
guidelines, please contact Coast
Guard Petty Officer Daniel Caras
at (202) 267-6570.•
Regulatory Update
(as of July, 1994)
Proposed Revisions to the National Oil and
Hazardous Substances Pollution Contingency Plan.
Proposed revisions to 40 CFR Part 300 were published
on October 22, 1993, and the comment period ended
January 14, 1994. The final rule is expected to be
published in August.
Tank Liner Study. EPA is conducting an OPA-
required study to determine whether liners or other
means of secondary containment should be used to
prevent oil leaks from onshore facilities. The study is
nearing completion and EPA is expected to deliver the
study to Congress in the summer of 1994.
Facility Response Plan Regulation. The Final Rule
for Facility Response Plans (59 FR 34070) was
published on July 1, 1994.
Phase I Revisions to 40 CFR Part 112. Proposed
revisions were published on October 22, 1991, and the
comment period ended December 23, 1991. EPA plans
to finalize the rule in the fall of 1994.
Offshore Facilities. ERD is currently developing an
Interim Final Rule for EPA's new jurisdiction over
certain offshore facilities (see article on page 1).
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EPA to Co-Sponsor the 1995 International
Oil Spill Conference
EPA, along with the Coast Guard, the American
Petroleum Institute, the International Maritime
Organization, and the International Petroleum
Industry Environmental Conservation Association,
will co-sponsor the 14th Biennial International Oil
Spill Conference. The conference is scheduled for
February 27 to March 2, 1995, in Long Beach,
California. The conference theme will be
"Achieving and Maintaining Preparedness." As
usual, the conference will also focus on a wide
variety of themes, including oil pollution
prevention, preparedness, new or improved
technologies for oil spill prevention and response,
oil spill management, mitigation, and liability. For
more information about the conference, contact:
1995 International Oil Spill Conference, 655 15th
Street, NW, Suite 300, Washington, DC 20005;
tel: (202) 639-4202, or fax: (202) 247-6109.
1993 ERNS Data: Releases of Oil by
Material Type and by Mode
(expressed as a percentage of total releases)
Releases of Oil by Material Type
Quantity Released
Number of Reports
Releases of Oil by Mode
r~l Quantity Released*
K%a Number of Reports*
* The percentage total is greater than
100% because a single ERNS report
may have up to two modes reported.
Source: Emergency Response Notification System (ERNS)
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Did You Know.,
That only 5.5 percent of the world's population live in the U.S., but the U.S. uses
nearly 29 percent of the world's petroleum.
That 20 percent of the world's oil comes from beneath the sea.
That one North Sea oil rig can produce up to 150,000 gallons of oil a day - enough
to fill the gas tanks of 5,800 cars.
That many products we use every day are made from oil. Surprisingly, some of
these products include:
Paraffin wax
Pharmaceuticals
Explosives
Pesticides
Detergents
Cosmetics
Adhesives
Polishes
Paints
Nylon
Plastics
Source: The Vsborne Book of Earth Facts
vvEPA
United States
Environmental Protection
Agency 5202 G
Washington, DC 20460
Official Business
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